Item 3 - Exhibit 03 - Recommended Conditions of ApprovalPLANNING COMMISSION – October 9, 2019
CONDITIONS OF APPROVAL
56 Central Avenue
Architecture and Site Application S-18-050
Consider an appeal of a Development Review Committee decision approving a
request for demolition of a dwelling, construction of a new single-family residence
with reduced setbacks, and removal of large protected trees on property zoned R-
1:10. APN 529-35-068.
PROPERTY OWNER: Andrew and Ashley Bothman
APPLICANT: Richard Hartman
TO THE SATISFACTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT:
Planning Division
1.APPROVAL: This application shall be completed in accordance with all of 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.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.
4.WINDOWS: The windows along the southern elevation in the master bedroom, master
bathroom, and bedroom #2 shall be clerestory.
5.BALCONY: The balcony off the master bedroom, adjacent to the southern property line shall
be screened by a wall and/or with vegetation that shall not exceed six feet in height.
6.LANDSCAPE SCREENING: The applicant shall meet with the neighbor located at 60 Central
Avenue to select the tree species to be planted along the southern property line in order to
achieve privacy between the properties. A minimum of six, 15-gallon sized trees shall be
planted. The installation of the landscape screening shall be completed prior to occupancy.
7.DEED RESTRICTION: Prior to the issuance of a building permit, a deed restriction shall be
recorded by the applicant with the Santa Clara County Recorder’s Office that requires all
exterior materials to be maintained in conformance with the Town’s Hillside Development
Standards and Guidelines.
8.BIOLOGICAL SURVEY: The project developer shall retain a qualified biologist to conduct a
pre-construction survey for nesting birds in Tree #521. This survey shall be conducted no
more than two weeks prior to the initiation of construction activities and/or tree removal. A
report documenting survey results and plan for active bird nest avoidance (if needed) shall
be completed by the qualified biologist and submitted to the Town of Los Gatos for
approval prior to initiation of construction activities. If no active bird nests are detected
EXHIBIT 3
during the survey, then construction activities and/or tree removal can proceed as
scheduled. However, if an active bird nest of a native species is detected during the survey,
then a plan for active bird nest avoidance shall be prepared by a qualified biologist to
determine and clearly delineate a temporary protective buffer area around each active
nest, with buffer area size depending on the nesting bird species, existing site conditions,
and type of proposed construction activities.
9. TREE REMOVAL PERMIT: A Tree Removal Permit shall be obtained for any protected trees to
be removed, prior to the issuance of a building or grading permit.
10. 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.
11. TREE PROTECTION: 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 incorporating the requirements of Section 29.10.1005 of the Town Code.
12. TREE STAKING: All newly planted trees shall be double-staked using rubber tree ties.
13. REPLACEMENT TREES: New trees shall be planted to mitigate the loss of trees being
removed. The number of trees and size of replacement trees shall be determined using the
canopy replacement table in the Town Code. Town Code requires a minimum 24-inch box
size replacement tree. New trees shall be double staked with rubber ties and shall be
planted prior to final inspection and issuance of occupancy permits.
14. FRONT YARD LANDSCAPE: Prior to issuance of a Certificate of Occupancy the front yard
must be landscaped.
15. 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. Submittal of a Landscape
Documentation Package pursuant to WELO is required prior to issuance of a building
permit. 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. A
completed WELO Certificate of Completion is required prior to final inspection/certificate of
occupancy.
16. STORY POLES: The story poles on the project site shall be removed within 30 days of
approval of the Architecture & Site application.
17. 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.
18. COMPLIANCE MEMORANDUM: A memorandum shall be prepared and submitted with the
building plans detailing how the Conditions of Approval will be addressed.
Building Division
19. PERMITS REQUIRED: A Building Permit is required for the renovation and addition of the
existing single-family residence.
20. PERMITS REQUIRED: A Demolition Permit is required for the demolition of the existing guest
cottage, gazebo and storage shed. A separate Building Permit is required for the
construction of the new single-family residence and attached garage.
21. 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.
22. 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.
23. BUILDING & SUITE NUMBERS: Submit requests for new building addresses to the Building
Division prior to submitting for the building permit application process.
24. SIZE OF PLANS: Submit four sets of construction plans, minimum size 24” x 36”, maximum
size 30” x 42”.
25. 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.
26. 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.
27. 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.
28. 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
29. 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.
30. TOWN RESIDENTIAL ACCESSIBILITY STANDARDS: New residential units shall be designed
with adaptability features for single-family residences per Town Resolution 1994-61:
a. Wood backing (2” x 8” minimum) shall be provided in all bathroom walls, at water
closets, showers, and bathtubs, located 34 inches from the floor to the center of the
backing, suitable for the installation of grab bars if needed in the future.
b. All passage doors shall be at least 32 inch doors on the accessible floor level.
c. The primary entrance door shall be a 36 inch wide door including a 5’x 5’ level landing,
no more than 1 inch out of plane with the immediate interior floor level and with an 18
inch clearance at interior strike edge.
d. A door buzzer, bell or chime shall be hard wired at primary entrance.
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. TOWN FIREPLACE STANDARDS: New wood burning fireplaces shall be an EPA Phase II
approved appliance or gas appliance per Town Ordinance 1905. Tree limbs shall be cut
within 10 feet of chimneys.
33. HAZARDOUS FIRE ZONE: All projects in the Town of Los Gatos require Class A roof
assemblies.
34. WILDLAND-URBAN INTERFACE: This project is located in a Wildland-Urban Interface High
Fire Area and must comply with Section R337 of the 2016 California Residential Code, Public
Resources Code 4291 and California Government Code Section 51182.
35. PROVIDE DEFENSIBLE SPACE/FIRE BREAK LANDSCAPING PLAN: Prepared by a California
licensed Landscape Architect in conformance with California Public Resources Code 4291
and California Government Code Section 51182.
36. PRIOR TO FINAL INSPECTION: Provide a letter from a California licensed Landscape Architect
certifying the landscaping and vegetation clearance requirements have been completed per
the California Public Resources Code 4291 and Government Code Section 51182.
37. 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.
38. 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.
39. 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
40. GENERAL: 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.
41. 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.
42. 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.
43. PRIVATE IMPROVEMENTS IN THE PUBLIC RIGHT-OF-WAY (INDEMNITY AGREEMENT): The
property owner shall enter into an agreement with the Town for all existing and proposed
private improvements within the Town’s right-of-way. The Owner shall be solely
responsible for maintaining the improvements in a good and safe condition at all times and
shall indemnify the Town of Los Gatos. The agreement must be completed and accepted by
the Director of Parks and Public Works, and subsequently recorded by the Town Clerk at the
Santa Clara County Office of the Clerk-Recorder, prior to the issuance of any grading or
building permits. Please note that this process may take approximately six to eight (6-8)
weeks.
44. 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.
45. 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.
46. SITE SUPERVISION: The General Contractor shall provide qualified supervision on the job
site at all times during construction.
47. 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.
48. PLAN CHECK FEES: Plan check fees associated with the Grading Permit shall be deposited
with the Engineering Division of the Parks and Public Works Department prior to the
commencement of plan check review.
49. INSPECTION FEES: Inspection fees shall be deposited with the Town prior to the issuance of
any grading or building permits.
50. 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.
51. 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.
52. GRADING ACTIVITY RESTRICTIONS Upon receipt of a grading permit, any and all grading
activities and operations shall not commence until after/occur during the rainy season, as
defined by Town Code of the Town of Los Gatos, Sec. 12.10.020, (October 15-April 15), has
ended.
53. COMPLIANCE WITH HILLSIDE DEVELOPMENT STANDARDS AND GUIDELINES: All grading
activities and operations shall be in compliance with Section III of the Town’s Hillside
Development Standards and Guidelines. All development shall be in compliance with
Section II of the Town’s Hillside Development Standards and Guidelines.
54. DRIVEWAY: The driveway conform to existing pavement on Central Avenue shall be
constructed in a manner such that the existing drainage patterns will not be obstructed.
55. TREE REMOVAL: Copies of all necessary tree removal permits shall be provided prior to the
issuance of a grading permit/building permit.
56. SURVEYING CONTROLS: Horizontal and vertical controls shall be set and certified by a
licensed surveyor or registered civil engineer qualified to practice land surveying, for the
following items:
a. Retaining wall: top of wall elevations and locations.
b. Toe and top of cut and fill slopes.
57. PRECONSTRUCTION MEETING: Prior to issuance of any grading or building permits or the
commencement of any site work, the general contractor shall:
a. Along with the Owner, Applicant and/or Developer, attend a pre-construction meeting
with the Town Engineer and/or Town Engineering Inspector to discuss the project
conditions of approval, working hours, site maintenance and other construction
matters;
b. 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.
58. RETAINING WALLS: A building permit, issued by the Building Department, located at 110 E.
Main Street, may be required for site retaining walls. Walls are not reviewed or approved by
the Engineering Division of Parks and Public Works during the grading permit plan review
process.
59. PROXIMITY OF RETAINING WALLS TO ADJACENT BUILDINGS: Prior to the issuance of a
grading or building permit, structural details for the proposed retaining walls located
immediately adjacent to or in the immediate vicinity of existing buildings on adjoining lots
shall be submitted confirming that said walls will not negatively affect the structural
integrity of these buildings.
60. SOILS REVIEW: Prior to Town approval of a development application, the Owner, Applicant
and/or Developer’s engineers shall prepare and submit a design-level geotechnical and
geological investigation for review by the Town’s consultant, with costs borne by the
Owner, Applicant and/or Developer, and subsequent approval by the Town. The Owner,
Applicant and/or Developer’s soils engineer shall review the final grading and drainage
plans to ensure that designs for foundations, retaining walls, site grading, and site drainage
are in accordance with their recommendations and the peer review comments. Approval of
the Owner, Applicant and/or Developer’s soils engineer shall then be conveyed to the Town
either by submitting a Plan Review Letter prior to issuance of grading or building permit(s).
61. 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.
62. SOIL RECOMMENDATIONS: The project shall incorporate the geotechnical/geological
recommendations contained in the Geotechnical Investigation by Wayne Ting & Associates,
Inc, dated June 6, 2018, 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 Owner, Applicant and/or Developer.
63. WATER METER: The existing water meter 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.
64. 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, 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.
65. 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.
66. 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.
67. UTILITY SETBACKS: House foundations shall be set back from utility lines a sufficient
distance to allow excavation of the utility without undermining the house 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.
68. TRENCHING: 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.
69. 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.
70. 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.
71. FENCING: Any fencing proposed within two hundred (200) feet of an intersection shall
comply with Town Code Section §23.10.080.
72. 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.
73. FENCES: Fences between all adjacent parcels will need to be located on the property
lines/boundary lines. Any existing fences that encroach into the neighbor’s property will
need to be removed and replaced to the correct location of the boundary lines before a
Certificate of Occupancy for any new building can be issued. Waiver of this condition will
require signed and notarized letters from all affected neighbors.
74. CONSTRUCTION VEHICLE PARKING: Construction vehicle parking within the public right-of-
way will only be allowed if it does not cause access or safety problems as determined by the
Town.
75. TRAFFIC CONTROL PLAN: A traffic control plan is required and must be submitted and
approved by the Town Engineer prior to the issuance of an encroachment, grading or
building permit. This plan shall include, but not be limited to, the following measures:
a. Construction activities shall be strategically timed and coordinated to minimize traffic
disruption for schools, residents, businesses, special events, and other projects in the
area. The schools located on the haul route shall be contacted to help with the
coordination of the trucking operation to minimize traffic disruption.
b. Flag persons shall be placed at locations necessary to control one-way traffic flow. All
flag persons shall have the capability of communicating with each other to coordinate
the operation.
c. Prior to construction, advance notification of all affected residents and emergency
services shall be made regarding one-way operation, specifying dates and hours of
operation.
76. CONSTRUCTION TRAFFIC CONTROL: All construction traffic and related vehicular routes,
traffic control plan, and applicable pedestrian or traffic detour plans shall be submitted for
review and approval by the Town Engineer prior to the issuance of an encroachment,
grading or building permit.
77. 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.
78. 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 a grading or building permit, the Owner and/or Applicant 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
Owner and/or Applicant 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.
79. 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.
80. 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 Earth Movement Plan, Traffic Control Plan, 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.
81. 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.
82. 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.
83. 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.
84. 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.
85. 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.
86. 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-five (25) miles per hour (MPH). All trucks
hauling soil, sand, or other loose debris shall be covered.
87. DETAILING OF STORMWATER MANAGEMENT FACILITIES: Prior to the issuance of any
grading or building permits, all pertinent details of any and all proposed stormwater
management facilities, including, but not limited to, ditches, swales, pipes, bubble-ups, dry
wells, outfalls, infiltration trenches, detention basins and energy dissipaters, shall be
provided on submitted plans, reviewed by the Engineering Division of the Parks and Public
Works Department, and approved for implementation.
88. 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.
89. WATER FEATURES: New swimming pools, hot tubs, spas and/or fountains shall have a
connection to the sanitary sewer system, subject to West Valley Sanitation District’s
authority and standards, to facilitate draining events. Discharges from this/these feature(s)
shall be directed to the sanitary sewer and are not allowed into the storm drain system.
90. 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.
91. SILT AND MUD IN PUBLIC RIGHT-OF-WAY: It is the responsibility of Contractor and
homeowner 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.
92. 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.
93. COVERED TRUCKS: All trucks transporting materials to and from the site shall be covered.
TO THE SATISFACTION OF THE SANTA CLARA COUNTY FIRE DEPARTMENT:
94. FIRE SPRINKLERS REQUIRED. An automatic residential fire sprinkler system shall be installed
in one- and two-family dwellings as follows: In all new one- and two-family dwellings and
existing one- and two-family dwellings when additions are made that increase the building
area to more than 3,600 square feet. Exception: A one-time addition to an existing building
that does not total more than 1,000 square feet of building area. 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 modification or upgrade of the
existing water service is required. A State of California license (C-16) Fire Protection
Contractor shall submit plans, calculations, a completed permit application and appropriate
fees to the Santa Clara County Fire Department for review and approval prior to beginning
their work. CRC Sec. 313.2 as adopted and amended by LGTC.
95. 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.
96. 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.
97. 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 notations on subsequent plan submittals, as appropriate to
the project. CFC Ch. 33.
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