Item 3 - Exhibit 03 - Recommended Conditions of ApprovalPLANNING COMMISSION – September 11, 2019
CONDITIONS OF APPROVAL
400 Carlton Avenue
Architecture and Site Application S-19-032
Requesting approval of a modification to an approved Architecture and Site
application for demolition of two existing medical office buildings and construction
of a new medical office building on property zoned O. APN 424-12-098.
PROPERTY OWNER: T&M Properties
APPLICANT: Gary Kohlsaat
TO THE SATISFACTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT:
Planning Division
1.APPROVAL: This application shall be completed in accordance with all the conditions of
approval and in substantial compliance with the approved plans. Any changes or
modifications to the approved plans and/or business operation shall be approved by the
Community Development Director, DRC or the Planning Commission depending on the
scope of the changes.
2.EXPIRATION: The approval will expire two years from the approval date pursuant to
Section 29.20.320 of the Town Code, unless the approval has been vested.
3.MEDICAL OFFICE USE: Given the 26 parking spaces required for the 6,500-square foot
building, a maximum of four (4) doctors are allowed on site at any given time for the
building.
4.OUTDOOR LIGHTING: Exterior lighting shall be kept to a minimum, and shall be down
directed fixtures that will not reflect or encroach onto adjacent properties. No flood lights
shall be used unless it can be demonstrated that they are needed for safety or security.
5.TREE REMOVAL PERMIT: A Tree Removal Permit shall be obtained for any trees to be
removed, prior to the issuance of a building or grading permit.
6.EXISTING TREES: All existing trees shown on the plan and trees required to remain or to
be planted are specific subjects of approval of this plan, and must remain on the site.
7.ARBORIST REQUIREMENTS: The developer shall implement, at their cost, all
recommendations identified in the Arborist’s report. These recommendations must be
incorporated in the building permit plans, and completed prior to issuance of a building
permit where applicable. A Compliance Memorandum shall be prepared by the applicant
and submitted with the building permit application detailing how the recommendations
have or will be addressed.
8.TREE FENCING: Protective tree fencing, and other protection measures shall be placed at
the drip line of existing trees prior to issuance of demolition and building permits and shall
remain through all phases of construction. Include a tree protection plan with the
construction plans.
9.TREE STAKING: All newly planted trees shall be double-staked using rubber tree ties.
EXHIBIT 3
10. TOWN TREE REPLACEMENT FUND PAYMENT: The Developer shall pay in-lieu fees to
mitigate the removal of five trees that will not be replaced on site. This fee is based on
the Town Council resolution in effect at the time the tree removal permit is issued. The
final in-lieu fees for this project shall be calculated from the final plans using the current
fee schedule and rate schedule in effect at the time the building permit is issued, using a
comparison between the existing and proposed uses.
11. LANDSCAPING: Prior to issuance of a Certificate of Occupancy the property must be
landscaped per the approved plans.
12. WATER EFFICIENCY LANDSCAPE ORDINANCE: The final landscape plan shall meet the
requirements of the Town of Los Gatos Water Conservation Ordinance or the State Water
Efficient Landscape Ordinance, whichever is more restrictive. A review fee based on the
current fee schedule adopted by the Town Council is required when working landscape
and irrigation plans are submitted for review.
13. TRAFFIC IMPACT MITIGATION FEE: The Developer shall pay the project's proportional
share of transportation improvements needed to serve cumulative development within
the Town of Los Gatos. The fee amount will be based upon the Town Council resolution in
effect at the time the building permit is issued. The fee shall be paid before issuance of a
building permit. The final traffic impact mitigation fee for this project shall be calculated
from the final plans using the current fee schedule and rate schedule in effect at the time
the building permit is issued, using a comparison between the existing and proposed uses.
14. SALVAGE OF BUILDING MATERIALS: Prior to the issuance of a demolition permit, the
developer shall provide the Community Development Director with written notice of the
company that will be recycling the building materials. All wood, metal, glass, and
aluminum materials generated from the demolished structure shall be deposited to a
company which will recycle the materials. Receipts from the company(s) accepting these
materials, noting the type and weight of materials, shall be submitted to the Town prior to
the Town’s demolition inspection.
15. STORY POLES: The story poles on the project site shall be removed within 30 days of
approval of the Architecture & Site application.
16. TOWN INDEMNITY: Applicants are notified that Town Code Section 1.10.115 requires that
any applicant who receives a permit or entitlement from the Town shall defend,
indemnify, and hold harmless the Town and its officials in any action brought by a third
party to overturn, set aside, or void the permit or entitlement. This requirement is a
condition of approval of all such permits and entitlements whether or not expressly set
forth in the approval, and may be secured to the satisfaction of the Town Attorney.
17. COMPLIANCE MEMORANDUM: A memorandum shall be prepared and submitted with the
building plans detailing how the Conditions of Approval will be addressed.
Building Division
18. PERMITS REQUIRED: A Demolition Permit is required for the demolition of each existing
commercial building. A Building permit will be required for the construction of a new
two-story medical office building.
19. APPLICABLE CODES: The current codes, as amended and adopted by the Town of Los
Gatos as of January 1, 2017, are the 2016 California Building Standards Code, California
Code of Regulations Title 24, Parts 1-12.
20. CONDITIONS OF APPROVAL: The Conditions of Approval must be blue-lined in full on the
cover sheet of the construction plans. A Compliance Memorandum shall be prepared and
submitted with the building permit application detailing how the Conditions of Approval
will be addressed.
21. BUILDING & SUITE NUMBERS: Submit requests for new building addresses to the Building
Division prior to submitting for the building permit application process.
22. SIZE OF PLANS: Submit four sets of construction plans, minimum size 24” x 36”, maximum
size 30” x 42”.
23. REQUIREMENTS FOR COMPLETE DEMOLITION OF STRUCTURE: Obtain a Building
Department Demolition Application and a Bay Area Air Quality Management District
Application from the Building Department Service Counter. Once the demolition form has
been completed, all signatures obtained, and written verification from PG&E that all
utilities have been disconnected, return the completed form to the Building Department
Service Counter with the Air District’s J# Certificate, PG&E verification, and three (3) sets
of site plans showing all existing structures, existing utility service lines such as water,
sewer, and PG&E. No demolition work shall be done without first obtaining a permit from
the Town.
24. AIR QUALITY: To limit the project’s construction-related dust and criteria pollutant
emissions, the following the Bay Area Air Quality Management District (BAAQMD)-
recommended basic construction measures shall be included in the project’s grading plan,
building plans, and contract specifications:
a. Idling times shall be minimized either by shutting equipment off when not in use or
reducing the maximum idling time to 2 minutes. Clear signage shall be provided for
construction workers at all access points.
b. All construction equipment shall be maintained and properly tuned in accordance with
manufacturer’s specifications. All equipment shall be checked by a certified visible
emissions evaluator. All non-road diesel construction equipment shall at a minimum
meet Tier 3 emission standards listed in the Code of Federal Regulations Title 40, Part
89, Subpart B, §89.112.
c. Developer shall designate an on-site field supervisor to provide written notification of
construction schedule to adjacent residential property owners and tenants at least
one week prior to commencement of demolition and one week prior to
commencement of grading with a request that all windows remain closed during
demolition, site grading, excavation, and building construction activities in order to
minimize exposure to NOx and PM10. The on-site field supervisor shall monitor
construction emission levels within five feet of the property line of the adjacent
residences for NOx and PM10 using the appropriate air quality and/or particulate
monitor.
25. SOILS REPORT: A Soils Report, prepared to the satisfaction of the Building Official,
containing foundation and retaining wall design recommendations, shall be submitted
with the Building Permit Application. This report shall be prepared by a licensed Civil
Engineer specializing in soils mechanics.
26. SHORING: Shoring plans and calculations will be required for all excavations which exceed
five (5) feet in depth or which remove lateral support from any existing building, adjacent
property, or the public right-of-way. Shoring plans and calculations shall be prepared by a
California licensed engineer and shall confirm to the Cal/OSHA regulations.
27. FOUNDATION INSPECTIONS: A pad certificate prepared by a licensed civil engineer or
land surveyor shall be submitted to the project Building Inspector at foundation
inspection. This certificate shall certify compliance with the recommendations as
specified in the Soils Report, and that the building pad elevations and on-site retaining
wall locations and elevations have been prepared according to the approved plans.
Horizontal and vertical controls shall be set and certified by a licensed surveyor or
registered Civil Engineer for the following items:
a. Building pad elevation
b. Finish floor elevation
c. Foundation corner locations
d. Retaining wall(s) locations and elevations
28. TITLE 24 ENERGY COMPLIANCE: All required California Title 24 Energy Compliance Forms
must be blue-lined (sticky-backed), i.e. directly printed, onto a plan sheet.
29. SITE ACCESSIBILITY: At least one accessible route within the boundary of the site shall be
provided from public transportation stops, accessible parking and accessible passenger
loading zones and public streets or sidewalks to the accessible building entrance that they
serve. The accessible route shall, to the maximum extent feasible, coincide with the route
for the general public. At least one accessible route shall connect all accessible buildings,
facilities, elements and spaces that are on the same site.
30. ACCESSIBLE PARKING: The parking lots, as well as the parking structure, where parking is
provided for the public as clients, guests or employees, shall provide handicap accessible
parking. Accessible parking spaces serving a particular building shall be located on the
shortest accessible route of travel from adjacent parking to an accessible entrance. In
buildings with multiple accessible entrances with adjacent parking, accessible parking
spaces shall be dispersed and located closest to the accessible entrances.
31. BACKWATER VALVE: The scope of this project may require the installation of a sanitary
sewer backwater valve per Town Ordinance 6.50.025. Please provide information on the
plans if a backwater valve is required and the location of the installation. The Town of Los
Gatos Ordinance and West Valley Sanitation District (WVSD) requires backwater valves on
drainage piping serving fixtures that have flood level rims less than 12 inches above the
elevation of the next upstream manhole.
32. HAZARDOUS FIRE ZONE: All projects in the Town of Los Gatos require Class A roof
assemblies.
33. SPECIAL INSPECTIONS: When a special inspection is required by CBC Section 1704, the
Architect or Engineer of Record shall prepare an inspection program that shall be
submitted to the Building Official for approval prior to issuance of the Building Permit. The
Town Special Inspection form must be completely filled-out and signed by all requested
parties prior to permit issuance. Special Inspection forms are available from the Building
Division Service Counter or online at www.losgatosca.gov/building.
34. BLUE PRINT FOR A CLEAN BAY SHEET: The Town standard Santa Clara Valley Nonpoint
Source Pollution Control Program Sheet (page size same as submitted drawings) shall be
part of the plan submittal as the second page. The specification sheet is available at the
Building Division Service Counter for a fee of $2 or at ARC Blue Print for a fee or online at
www.losgatosca.gov/building.
35. APPROVALS REQUIRED: The project requires the following departments and agencies
approval before issuing a building permit:
a. Community Development – Planning Division: (408) 354-6874
b. Engineering/Parks & Public Works Department: (408) 399-5771
c. Santa Clara County Fire Department: (408) 378-4010
d. West Valley Sanitation District: (408) 378-2407
e. Local School District: The Town will forward the paperwork to the appropriate school
district(s) for processing. A copy of the paid receipt is required prior to permit
issuance.
TO THE SATISFACTION OF THE DIRECTOR OF PARKS & PUBLIC WORKS:
Engineering Division
36. GENERAL: All public improvements shall be made according to the latest adopted Town
Standard Plans, Standard Specifications and Engineering Design Standards. All work shall
conform to the applicable Town ordinances. The adjacent public right-of-way shall be
kept clear of all job-related mud, silt, concrete, dirt and other construction debris at the
end of the day. Dirt and debris shall not be washed into storm drainage facilities. The
storing of goods and materials on the sidewalk and/or the street will not be allowed
unless an encroachment permit is issued by the Engineering Division of the Parks and
Public Works Department. The Owner, Applicant and/or Developer's representative in
charge shall be at the job site during all working hours. Failure to maintain the public
right-of-way according to this condition may result in the issuance of correction notices,
citations, or stop work orders and the Town performing the required maintenance at the
Owner, Applicant and/or Developer's expense.
37. APPROVAL: This application shall be completed in accordance with all the conditions of
approval listed below and in substantial compliance with the latest reviewed and
approved development plans. Any changes or modifications to the approved plans or
conditions of approvals shall be approved by the Town Engineer.
38. ENCROACHMENT PERMIT: All work in the public right-of-way will require a Construction
Encroachment Permit. All work over $5,000 will require construction security. It is the
responsibility of the Owner/Applicant/Developer to obtain any necessary encroachment
permits from affected agencies and private parties, including but not limited to, Pacific
Gas and Electric (PG&E), AT&T, Comcast, Santa Clara Valley Water District, California
Department of Transportation (Caltrans). Copies of any approvals or permits must be
submitted to the Town Engineering Division of the Parks and Public Works Department
prior to releasing any permit.
39. PUBLIC WORKS INSPECTIONS: The Owner, Applicant and/or Developer or their
representative shall notify the Engineering Inspector at least twenty-four (24) hours
before starting any work pertaining to on-site drainage facilities, grading or paving, and all
work in the Town's right-of-way. Failure to do so will result in penalties and rejection of
any work that occurred without inspection.
40. RESTORATION OF PUBLIC IMPROVEMENTS: The Owner, Applicant and/or Developer or
their representative shall repair or replace all existing improvements not designated for
removal that are damaged or removed because of the Owner, Applicant and/or Developer
or their representative's operations. Improvements such as, but not limited to: curbs,
gutters, sidewalks, driveways, signs, pavements, raised pavement markers, thermoplastic
pavement markings, etc., shall be repaired and replaced to a condition equal to or better
than the original condition. Any new concrete shall be free of stamps, logos, names,
graffiti, etc. Any concrete identified that is displaying a stamp or equal shall be removed
and replaced at the Contractor's sole expense and no additional compensation shall be
allowed therefore. Existing improvement to be repaired or replaced shall be at the
direction of the Engineering Construction Inspector and shall comply with all Title 24
Disabled Access provisions. The restoration of all improvements identified by the
Engineering Construction Inspector shall be completed before the issuance of a certificate
of occupancy. The Owner, Applicant and/or Developer or their representative shall
request a walk-through with the Engineering Construction Inspector before the start of
construction to verify existing conditions.
41. SITE SUPERVISION: The General Contractor shall provide qualified supervision on the job
site at all times during construction.
42. STREET/SIDEWALK CLOSURE: Any proposed blockage or partial closure of the street
and/or sidewalk requires an encroachment permit. Special provisions such as limitations
on works hours, protective enclosures, or other means to facilitate public access in a safe
manner may be required.
43. INSPECTION FEES: Inspection fees shall be deposited with the Town prior to the issuance
of any grading or building permits.
44. DESIGN CHANGES: Any proposed changes to the approved plans shall be subject to the
approval of the Town prior to the commencement of any and all altered work. The
Owner, Applicant and/or Developer's project engineer shall notify, in writing, the Town
Engineer at least seventy-two (72) hours in advance of all the proposed changes. Any
approved changes shall be incorporated into the final "as-built" plans.
45. PLANS AND STUDIES: All required plans and studies shall be prepared by a Registered
Professional Engineer in the State of California and submitted to the Town Engineer for
review and approval. Additionally, any post-project traffic or parking counts, or other
studies imposed by the Planning Commission or Town Council shall be funded by the
Owner, Applicant and/or Developer.
46. GRADING PERMIT: A grading permit is required for all site grading and drainage work
except for exemptions listed in Section 12.20.015 of The Code of the Town of Los Gatos
(Grading Ordinance). After the preceding Architecture and Site Application has been
approved by the respective deciding body, the grading permit application (with grading
plans and associated required materials and plan check fees) shall be made to the
Engineering Division of the Parks and Public Works Department located at 41 Miles
Avenue. The grading plans shall include final grading, drainage, retaining wall location(s),
driveway, utilities and interim erosion control. Grading plans shall list earthwork
quantities and a table of existing and proposed impervious areas. Unless specifically
allowed by the Director of Parks and Public Works, the grading permit will be issued
concurrently with the building permit. The grading permit is for work outside the building
footprint(s). Prior to Engineering signing off and closing out on the issued grading permit,
the Owner/Applicant/Developer's soils engineer shall verify, with a stamped and signed
letter, that the grading activities were completed per plans and per the requirements as
noted in the soils report. A separate building permit, issued by the Building Department,
located at 110 E. Main Street, is needed for grading within the building footprint.
47. DRIVEWAY: The driveway conforms to existing pavement shall be constructed in a manner
such that the existing drainage patterns will not be obstructed.
48. TREE REMOVAL: Copies of all necessary tree removal permits shall be provided prior to
the issuance of a building permit.
49. PRECONSTRUCTION MEETING: Prior to issuance of any building permits or the
commencement of any site work, the general contractor shall:
50. Along with the Owner, Applicant and/or Developer, attend a pre-construction meeting
with the Town Engineer, or their representative, to discuss the project conditions of
approval, working hours, site maintenance and other construction matters;
51. Acknowledge in writing that they have read and understand the project conditions of
approval and will make certain that all project sub-contractors have read and understand
them as well prior to commencing any work, and that a copy of the project conditions of
approval will be posted on-site at all times during construction.
52. SOIL RECOMMENDATIONS: The project shall incorporate the geotechnical/geological
recommendations contained in the project's design-level geotechnical/geological
investigation as prepared by the Applicant's engineer(s), and any subsequently required
report or addendum. Subsequent reports or addendum are subject to peer review by the
Town's consultant and costs shall be borne by the Applicant.
53. SOILS ENGINEER CONSTRUCTION OBSERVATION: During construction, all excavations and
grading shall be inspected by the Owner, Applicant and/or Developer's soils engineer prior
to placement of concrete and/or backfill so they can verify that the actual conditions are
as anticipated in the design-level geotechnical report and recommend appropriate
changes in the recommendations contained in the report, if necessary. The results of the
construction observation and testing shall be documented in an "as-built" letter/report
prepared by the Owner, Applicant and/or Developer's soils engineer and submitted to the
Town before a certificate of occupancy is granted.
54. IMPROVEMENT AGREEMENT: The Owner, Applicant and/or Developer shall enter into an
agreement to construct public improvements in accordance with Town Code Section
24.40.020. The Owner, Applicant and/or Developer shall supply suitable securities for all
public improvements that are part of the development in a form acceptable to the Town
in the amount of 100% performance and 100% labor and materials prior to the issuance of
any encroachment, grading or building permit. The Owner, Applicant and/or Developer
shall provide two (2) copies of documents verifying the cost of the public improvements
to the satisfaction of the Engineering Division of the Parks and Public Works Department.
A copy of the executed agreement shall be submitted to the Engineering Division of the
Parks and Public Works Department prior to the issuance of any encroachment, grading or
building permit.
55. WATER METER: The existing water meter, currently located within the Carlton Avenue
right-of-way, shall be relocated within the property in question, directly behind the public
right-of-way line. The Owner, Applicant and/or Developer shall repair and replace to
existing Town standards any portion of concrete flatwork within said right-of-way that is
damaged during this activity prior to issuance of a certificate of occupancy.
56. SANITARY SEWER CLEANOUT: The existing sanitary sewer cleanout shall be relocated
within the property in question, within one (1) foot of the property line per West Valley
Sanitation District Standard Drawing 3, if one does not already exist in this location, or at a
location specified by the Town. The Owner, Applicant and/or Developer shall repair and
replace to existing Town standards any portion of concrete flatwork within said right-of-
way that is damaged during this activity prior to issuance of a certificate of occupancy.
57. CERTIFICATE OF OCCUPANCY: The Engineering Division of the Parks and Public Works
Department will not sign off on a Temporary Certificate of Occupancy or a Final Certificate
of Occupancy until all required improvements within the Town's right-of-way have been
completed and approved by the Town.
58. ADA COMPLIANCE: The Owner, Applicant and/or Developer shall be required to meet all
ADA standards, which must be completed and accepted by the Town before a Certificate
of Occupancy for any new building can be issued. This may require additional
construction measures as directed by the Town.
59. PARKING LOTS: Parking lots and other impervious areas shall be designed to drain
stormwater runoff to vegetated drainage swales, filter strips, and/or other Low Impact
Development (LID) treatment devices that can be integrated into required landscaping
areas and traffic islands prior to discharge into the storm drain system and/or public right-
of-way. The amount of impervious area associated with parking lots shall be minimized by
utilizing design features such as providing compact car spaces, reducing stall dimensions,
incorporating efficient parking lanes, using permeable pavement where feasible, and
adhering to the Town's Parking Development Standards. The use of permeable paving for
parking surfaces is encouraged to reduce runoff from the site. Such paving shall meet
Santa Clara County Fire Department requirements and be structurally appropriate for the
location.
60. UTILITIES: The Owner, Applicant and/or Developer shall install all new, relocated, or
temporarily removed utility services, including telephone, electric power and all other
communications lines underground, as required by Town Code Section 27.50.015(b). All
new utility services shall be placed underground. Underground conduit shall be provided
for cable television service. The Owner, Applicant and/or Developer is required to obtain
approval of all proposed utility alignments from any and all utility service providers before
a Certificate of Occupancy for any new building can be issued. The Town of Los Gatos
does not approve or imply approval for final alignment or design of these facilities.
61. UTILITY SETBACKS: Building foundations shall be set back from utility lines a sufficient
distance to allow excavation of the utility without undermining the building foundation.
The Town Engineer shall determine the appropriate setback based on the depth of the
utility, input from the project soils engineer, and the type of foundation.
62. TRENCHING MORATORIUM: Trenching within a newly paved street will be allowed subject
to the following requirements:
a. The Town standard "T" trench detail shall be used.
b. A Town-approved colored controlled density backfill shall be used.
c. All necessary utility trenches and related pavement cuts shall be consolidated to
minimize the impacted area of the roadway.
d. The total asphalt thickness shall be a minimum of three (3) inches, meet Town
standards, or shall match the existing thickness, whichever is greater. The final lift
shall be 1.5-inches of one-half (½) inch medium asphalt. The initial lift(s) shall be of
three-quarter (¾) inch medium asphalt.
e. The Contractor shall schedule a pre-paving meeting with the Town Engineering
Construction Inspector the day the paving is to take place.
f. A slurry seal topping may be required by the construction inspector depending their
assessment of the quality of the trench paving. If required, the slurry seal shall extend
the full width of the street and shall extend five (5) feet beyond the longitudinal limits
of trenching. Slurry seal materials shall be approved by the Town Engineering
Construction Inspector prior to placement. Black sand may be required in the slurry
mix. All existing striping and pavement markings shall be replaced upon completion of
slurry seal operations. All pavement restorations shall be completed and approved by
the Inspector before occupancy.
63. SIDEWALK REPAIR: The Owner, Applicant and/or Developer shall repair and replace to
existing Town standards any sidewalk damaged now or during construction of this project.
All new and existing adjacent infrastructure must meet current ADA standards. Sidewalk
repair shall match existing color, texture and design, and shall be constructed per Town
Standard Details. New concrete shall be free of stamps, logos, names, graffiti, etc. Any
concrete identified that is displaying a stamp or equal shall be removed and replaced at
the Contractor's sole expense and no additional compensation shall be allowed therefore.
The limits of sidewalk repair will be determined by the Engineering Construction Inspector
during the construction phase of the project. The improvements must be completed and
accepted by the Town before a Certificate of Occupancy for any new building can be
issued.
64. CURB AND GUTTER REPAIR: The Owner, Applicant and/or Developer shall repair and
replace to existing Town standards any curb and gutter damaged now or during
construction of this project. All new and existing adjacent infrastructure must meet Town
standards. New curb and gutter shall be constructed per Town Standard Details. New
concrete shall be free of stamps, logos, names, graffiti, etc. Any concrete identified that is
displaying a stamp or equal shall be removed and replaced at the Contractor's sole
expense and no additional compensation shall be allowed therefore. The limits of curb
and gutter repair will be determined by the Engineering Construction Inspector during the
construction phase of the project. The improvements must be completed and accepted
by the Town before a Certificate of Occupancy for any new building can be issued.
65. DRIVEWAY APPROACH: The Owner, Applicant and/or Developer shall install two (2) Town
standard commercial driveway approaches. The new driveway approaches shall be
constructed per Town Standard Plans and must be completed and accepted by the Town
before a Certificate of Occupancy for any new building can be issued. New concrete shall
be free of stamps, logos, names, graffiti, etc. Any concrete identified that is displaying a
stamp or equal shall be removed and replaced at the Contractor's sole expense and no
additional compensation shall be allowed therefore.
66. CURB RAMP: The Owner, Applicant and/or Developer shall construct one (1) curb ramp in
compliance with ADA Standards which must be completed and accepted by the Town
before a Certificate of Occupancy for any new building can be issued. New concrete shall
be free of stamps, logos, names, graffiti, etc. Any concrete identified that is displaying a
stamp or equal shall be removed and replaced at the Contractor's sole expense and no
additional compensation shall be allowed therefore.
67. SIGHT TRIANGLE AND TRAFFIC VIEW AREA: Any proposed improvements, including but
not limiting to trees and hedges, will need to abide by Town Code Sections 23.10.080,
26.10.065, and 29.40.030.
68. TRAFFIC IMPACT MITIGATION FEE: The Developer shall pay the project's proportional
share of transportation improvements needed to serve cumulative development within
the Town of Los Gatos. The fee amount will be based upon the Town Council resolution in
effect at the time the building permit is issued. The fee shall be paid before issuance of a
building permit. The final traffic impact mitigation fee for this project shall be calculated
from the final plans using the current fee schedule and rate schedule in effect at the time
the building permit is issued, using a comparison between the existing and proposed uses.
69. CONSTRUCTION VEHICLE PARKING: No construction vehicles, trucks, equipment and
worker vehicles shall be allowed to park on the portion of any public (Town) streets
without written approval from the Town Engineer.
70. ADVANCE NOTIFICATION: Advance notification of all affected residents and emergency
services shall be made regarding parking restriction, lane closure or road closure, with
specification of dates and hours of operation.
71. HAULING OF SOIL: Hauling of soil on- or off-site shall not occur during the morning or
evening peak periods (between 7:00 a.m. and 9:00 a.m. and between 4:00 p.m. and 6:00
p.m.), and at other times as specified by the Director of Parks and Public Works. Prior to
the issuance of an encroachment, grading or building permit, the Developer or their
representative shall work with the Town Building Department and Engineering Division
Inspectors to devise a traffic control plan to ensure safe and efficient traffic flow under
periods when soil is hauled on or off the project site. This may include, but is not limited
to provisions for the Developer to place construction notification signs noting the dates
and time of construction and hauling activities, or providing additional traffic control.
Coordination with other significant projects in the area may also be required. Cover all
trucks hauling soil, sand and other loose debris.
72. CONSTRUCTION NOISE: Between the hours of 8:00 a.m. to 8:00 p.m., weekdays and 9:00
a.m. to 7:00 p.m. weekends and holidays, construction, alteration or repair activities shall
be allowed. No individual piece of equipment shall produce a noise level exceeding
eighty-five (85) dBA at twenty-five (25) feet from the source. If the device is located
within a structure on the property, the measurement shall be made at distances as close
to twenty-five (25) feet from the device as possible. The noise level at any point outside
of the property plane shall not exceed eighty-five (85) dBA.
73. CONSTRUCTION MANAGEMENT PLAN SHEET: Prior to the issuance of any grading or
building permits, the Owner and/or Applicant's design consultant shall submit a
construction management plan sheet (full-size) within the plan set that shall incorporate
at a minimum the Project Schedule, site security fencing, employee parking, construction
staging area, materials storage area(s), concrete washout(s) and proposed outhouse
locations. Please refer to the Town's Construction Management Plan Guidelines
document for additional information.
74. COMMON PRIVATE DRIVEWAY: The common private driveway accessing the Project Site
shall be kept open and in a safe, drive-able condition throughout construction and in
perpetuity after construction has been completed. If temporary closure is needed, then
formal written notice shall be provided at least one (1) week in advance of closure.
75. WVSD (West Valley Sanitation District): Sanitary sewer laterals are televised by West
Valley Sanitation District and approved by the Town of Los Gatos before they are used. A
Sanitary Sewer Clean-out is required at the property line, within one (1) foot of the
property line per West Valley Sanitation District Standard Drawing 3, or at a location
specified by the Town.
76. SANITARY SEWER BACKWATER VALVE: Drainage piping serving fixtures which have flood
level rims less than twelve (12) inches (304.8 mm) above the elevation of the next
upstream manhole and/or flushing inlet cover at the public or private sewer system
serving such drainage piping shall be protected from backflow of sewage by installing an
approved type backwater valve. Fixtures above such elevation shall not discharge
through the backwater valve, unless first approved by the Building Official. The Town
shall not incur any liability or responsibility for damage resulting from a sewer overflow
where the property owner or other person has failed to install a backwater valve as
defined in the Uniform Plumbing Code adopted by the Town and maintain such device in
a functional operation condition. Evidence of West Sanitation District's decision on
whether a backwater device is needed shall be provided prior to the issuance of a building
permit.
77. BEST MANAGEMENT PRACTICES (BMPs): The Owner, Applicant and/or Developer is
responsible for ensuring that all contractors are aware of all storm water quality measures
and that such measures are implemented. Best Management Practices (BMPs) shall be
maintained and be placed for all areas that have been graded or disturbed and for all
material, equipment and/or operations that need protection. Removal of BMPs
(temporary removal during construction activities) shall be replaced at the end of each
working day. Failure to comply with the construction BMP will result in the issuance of
correction notices, citations, or stop work orders.
78. SITE DESIGN MEASURES: All projects shall incorporate at least one of the following
measures:
a. Protect sensitive areas and minimize changes to the natural topography.
b. Minimize impervious surface areas.
c. Direct roof downspouts to vegetated areas.
d. Use porous or pervious pavement surfaces on the driveway, at a minimum.
e. Use landscaping to treat stormwater.
79. UNLAWFUL DISCHARGES: It is unlawful to discharge any wastewater, or cause hazardous
domestic waste materials to be deposited in such a manner or location as to constitute a
threatened discharge, into storm drains, gutters, creeks or the San Francisco Bay.
Unlawful discharges to storm drains include, but are not limited to: discharges from
toilets, sinks, industrial processes, cooling systems, boilers, fabric cleaning, equipment
cleaning or vehicle cleaning.
80. EROSION CONTROL: Interim and final erosion control plans shall be prepared and
submitted to the Engineering Division of the Parks and Public Works Department. A
maximum of two (2) weeks is allowed between clearing of an area and stabilizing/building
on an area if grading is allowed during the rainy season. Interim erosion control
measures, to be carried out during construction and before installation of the final
landscaping, shall be included. Interim erosion control method shall include, but are not
limited to: silt fences, fiber rolls (with locations and details), erosion control blankets,
Town standard seeding specification, filter berms, check dams, retention basins, etc.
Provide erosion control measures as needed to protect downstream water quality during
winter months. The Town of Los Gatos Engineering Division of the Parks and Public Works
Department and the Building Department will conduct periodic NPDES inspections of the
site throughout the recognized storm season to verify compliance with the Construction
General Permit and Stormwater ordinances and regulations.
81. DUST CONTROL: Blowing dust shall be reduced by timing construction activities so that
paving and building construction begin as soon as possible after completion of grading,
and by landscaping disturbed soils as soon as possible. Further, water trucks shall be
present and in use at the construction site. All portions of the site subject to blowing dust
shall be watered as often as deemed necessary by the Town, or a minimum of three (3)
times daily, or apply (non-toxic) soil stabilizers on all unpaved access roads, parking areas,
and staging areas at construction sites in order to insure proper control of blowing dust
for the duration of the project. Watering on public streets shall not occur. Streets shall be
cleaned by street sweepers or by hand as often as deemed necessary by the Town
Engineer, or at least once a day. Watering associated with on-site construction activity
shall take place between the hours of 8 a.m. and 5 p.m. and shall include at least one (1)
late-afternoon watering to minimize the effects of blowing dust. All public streets soiled
or littered due to this construction activity shall be cleaned and swept on a daily basis
during the workweek to the satisfaction of the Town. Demolition or earthwork activities
shall be halted when wind speeds (instantaneous gusts) exceed twenty (20) miles per
hour (MPH). All trucks hauling soil, sand, or other loose debris shall be covered.
82. CONSTRUCTION ACTIVITIES: All construction shall conform to the latest requirements of
the CASQA Stormwater Best Management Practices Handbooks for Construction Activities
and New Development and Redevelopment, the Town's grading and erosion control
ordinance, and other generally accepted engineering practices for erosion control as
required by the Town Engineer when undertaking construction activities.
83. STORMWATER DISCHARGE: New buildings shall provide a covered or enclosed area for
dumpsters and recycling containers. The area shall be designed to prevent water run-on
to the area and runoff from the area. Areas around trash enclosures and/or recycling
areas shall not discharge directly to the storm drain system. Any drains installed in or
beneath dumpsters shall be connected to the sanitary sewer. The Owner, Applicant
and/or Developer shall contact the local permitting authority and/or sanitary district with
jurisdiction for specific connection and discharge requirements.
84. OUTDOOR TRASH ENCLOSURES: Outdoor trash enclosures shall be covered and provided
with area drains connected to the sanitary sewer per current NPDES requirements before
a Certificate of Occupancy for any new building can be issued. Temporary trash
enclosures are exempt from this condition. Connecting said drainage system to the storm
drain system is not permitted.
85. SITE DRAINAGE: Rainwater leaders shall be discharged to splash blocks. No through curb
drains will be allowed. Any storm drain inlets (public or private) directly connected to
public storm system shall be stenciled/signed with appropriate "NO DUMPING - Flows to
Bay" NPDES required language. On-site drainage systems for all projects shall include one
of the alternatives included in section C.3.i of the Municipal Regional NPDES Permit.
These include storm water reuse via cisterns or rain barrels, directing runoff from
impervious surfaces to vegetated areas and use of permeable surfaces. If stormwater
treatment facilities are to be used they shall be placed a minimum of ten (10) feet from
the adjacent property line and/or right-of-way. Alternatively, the facility(ies) may be
located with an offset between 5 and 10 feet from the adjacent property and/or right-of-
way line(s) if the responsible engineer in charge provides a stamped and signed letter that
addresses infiltration and states how facilities, improvements and infrastructure within
the Town's right-of-way (driveway approach, curb and gutter, etc.) and/or the adjacent
property will not be adversely affected. No improvements shall obstruct or divert runoff
to the detriment of an adjacent, downstream or down slope property.
86. SILT AND MUD IN PUBLIC RIGHT-OF-WAY: It is the responsibility of Contractor to make
sure that all dirt tracked into the public right-of-way is cleaned up on a daily basis. Mud,
silt, concrete and other construction debris SHALL NOT be washed into the Town's storm
drains.
87. GOOD HOUSEKEEPING: Good housekeeping practices shall be observed at all times during
the course of construction. All construction shall be diligently supervised by a person or
persons authorized to do so at all times during working hours. The Owner, Applicant
and/or Developer's representative in charge shall be at the job site during all working
hours. Failure to maintain the public right-of-way according to this condition may result in
penalties and/or the Town performing the required maintenance at the Owner, Applicant
and/or Developer's expense.
88. COVERED TRUCKS: All trucks transporting materials to and from the site shall be covered.
89. TRANSPORTATION MANAGEMENT PLAN (TDM): The developer shall prepare a
Transportation Demand Management Plan for Town of Los Gatos approval prior to the
issuance of a building permit. The TDM shall include the measures such as bicycle facility
provisions, shower facilities, transit passes and subsidies, carpool incentive, designated
car share parking, and other measures that may be required by Town Engineer. The TDM
shall also include a TDM coordinator and identify the requirement for an annual TDM
effectiveness report to Town of Los Gatos.
90. PUBLIC IMPROVEMENTS: The following improvements shall be installed by the Owner,
Applicant and/or Developer. Plans for those improvements shall be prepared by a
California registered civil engineer, reviewed and approved by the Town, and guaranteed
by contract, Faithful Performance Security and Labor & Materials Security before the
issuance of a building permit or the recordation of a map. The improvements must be
completed and accepted by the Town before a Certificate of Occupancy for any new
building can be issued.
a. The existing streetlight along Carlton Avenue located near the corner with Jo Drive
shall be removed from its current location next to a large tree and reinstalled closer to
the curb ramp.
b. The existing sidewalk between the two driveways has been uplifted at multiple
locations and needs to be removed and replaced.
c. The existing curb ramp is not in compliance with ADA Standards. A new curb ramp
shall be installed which must be completed in its place.
TO THE SATISFACTION OF THE SANTA CLARA COUNTY FIRE DEPARTMENT:
91. EMERGENCY RADIO RESPONDER COVERAGE: Emergency responder radio coverage in
new buildings. All new buildings shall have approved radio coverage for emergency
responders within the building based upon the existing coverage levels of public safety
communication systems of the jurisdiction at the exterior of the building. This section
shall not require improvement of the existing public safety communication systems. Refer
to CFC Sec. 510 for further requirements.
92. FIRE SPRINKLER REQUIRED. Approved automatic sprinkler systems in new buildings and
existing buildings and structures shall be provided in the locations described in this
Section or Section 903.2.1 through 903.2.18 whichever is the more restrictive. For the
purposes of this Section, firewalls used to separate building areas shall be constructed in
accordance with the California Building Code and shall be without openings or
penetrations. Note: The owner(s), occupant(s), and any contractor(s) or subcontractor(s)
are responsible for consulting with the water purveyor of record in order to determine if
any modifications or upgrade of the existing water service is required. A State of
California licensed (C-16) Fire Protection Contractor shall submit plans, calculations, a
completed permit application, and appropriate fees to this department for review and
approval prior to beginning their work. CFC Section 903.2 as adopted and amended by
CBLMC.
93. WATER SUPPLY REQUIREMENTS. Potable water supplies shall be protected from
contamination caused by fire protection water supplies. It is the responsibility of the
applicant and any contractors and subcontractors to contact the water purveyor supplying
the site of such project, and to comply with the requirements of that purveyor. Such
requirements shall be incorporated into the design of any water-based fire protection
systems, and/or fire suppression water supply systems or storage containers that may be
physically connected in any manner to an appliance capable of causing contamination of
the potable water supply of the purveyor of record. Final approval of the system(s) under
consideration will not be granted by the Santa Clara County Fire Department until
compliance with the requirements of the water purveyor of record are documented by
that purveyor as having been met by the applicant(s). 2016 CFC Sec. 903.3.5 and Health
and Safety Code 13114.7.
94. PUBLIC FIRE HYDRANT(S) REQUIRED: Provide public fire hydrant(s) at location(s) to be
determined jointly by the Santa Clara County Fire Department and San Jose Water
Company. Maximum hydrant spacing shall be 500 feet, with minimum single hydrant flow
of 500 GPM at 20 psi, residual. Fire hydrants shall be provided along required fire
apparatus access roads and adjacent public streets. CFC Sec. 507, and Appendix C
95. CONSTRUCTION SITE FIRE SAFETY: All construction sites must comply with applicable
provisions of the CFC Chapter 33 and Santa Clara County Fire Department Standard Detail
and Specification S1-7. Provide appropriate notations on subsequent plan submittals, as
appropriate to the project. CFC Ch. 33.
96. FIRE APPARATUS (ENGINE) ACCESS ROADS REQUIRED: Provide access roadways with a
paved all-weather surface; a minimum unobstructed width of 20 feet; vertical clearance of
13 feet, 6 inches; minimum circulating turning radius of 36 feet outside and 23 feet inside;
and a maximum slope of 15%. For installation guidelines, refer to Fire Department
Standard Details and Specifications Sheet A-1. CFC Section 503. Include all above required
dimensions on the plans including the turn radius.
97. TIMING OF INSTALLATION: When fire apparatus access roads or a water supply for fire
protection is required to be installed, such protection shall be installed and made
serviceable prior to and during the time of construction except when approved alternative
methods of protection are provided. Temporary street signs shall be installed at each
street intersection when construction of new roadways allows passage by vehicles in
accordance with Section 505.2 CFC Section 501.4.
98. ADDRESS IDENTIFICATION: New and existing buildings shall have approved address
numbers, building numbers or approved building identification placed in a position that is
plainly legible and visible from the street or road fronting the property. These numbers
shall contrast with their background. Where required by fire code official, address
numbers shall be provided in additional approved locations to facilitate emergency
response. Address numbers shall be Arabic numbers or alphabetical letters. Numbers
shall be a minimum of 4 inches (101.6 mm) high with a minimum stroke with of 0.5 inch
(12.7mm). Where access is by means of a private road and the building cannot be viewed
from the public way, a monument, pole or other sign or means shall be used to identify
the structure. Address numbers shall be maintained. CFC Sec. 505.1.
99. TWO-WAY COMMUNICATION SYSTEM: Two-way communication systems shall be
designed and installed in accordance with NFPA 72 (2016 edition), the California Electrical
Code (2013 edition), the California Fire Code (2016 edition), the California Building Code
(2016 edition) and the Town Ordinances where two-way system is being installed,
policies, and standards. Other standards also contain design/installation criteria for
specific life safety related equipment. These other standards are referred to in NFPA 72.
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