Item 4 - Exhibit 03 - Recommended Conditions of ApprovalPLANNING COMMISSION – December 11, 2019
CONDITIONS OF APPROVAL FOR:
16940 Roberts Road
Architecture and Site Application S-19-008
Subdivision Application M-19-002
Requesting approval for demolition of an existing single-family residence, construction of
three condominium units that will exceed the floor area ratio standards, and site
improvements requiring a grading permit on property zoned RM:5-12. APN 529-18-053.
APPLICANT/PROPERTY OWNER: Josephine Chang
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 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.ARBORIST REQUIREMENTS: The developer shall implement, at their cost, all recommendations
identified in the Consultant Arborist’s reports dated as received October 10, 2019 for the project,
on file in the Community Development Department. The recommendations must be incorporated
in the building permit plans and completed prior to issuance of a building permit where
applicable.
4.TREE REPLACEMENT: All approved tree replacements or in-lieu fees shall meet the requirements
of Section 29.10.0985 of the Town Code.
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.TREE STAKING: All newly planted trees shall be double-staked using rubber tree ties.
7.FRONT YARD LANDSCAPE: Prior to issuance of a Certificate of Occupancy the front yard must be
landscaped.
8.WATER EFFECIENCY LANDSCAPE ORDINANCE: The final landscape plan shall meet 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.
9.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.
10.STORY POLES: The story poles on the project site shall be removed within 30 days of approval of
the Architecture & Site application.
11.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
EXHIBIT 3
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.
12. SOLAR. During the Architecture and Site application process all new residences, to the extent
feasible, shall be designed to take full advantage of passive solar opportunities. Each residence
shall be pre-plumbed for solar hot water heating and shall comply with the Town’s Conservation
Element of the General Plan.
13. COMPLIANCE MEMORANDUM: A memorandum shall be prepared and submitted with the
building plans detailing how the Conditions of Approval will be addressed.
14. 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.
Building Division
15. PERMITS REQUIRED: A Demolition Permit is required for the demolition of the single-family
residence. An additional Demolition Permit is required for the demolition of the detached
structure. A separate Building Permit is required for the construction of each of the
condominium units with attached garages.
16. 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. These codes are applicable on Building Applications up to December 20,
2019. Effective January 1, 2020 the 2019 California Building Standard Code, California Code of
Regulations Title 24, Parts 1-12, as amended by the Town of Los Gatos, will be applicable.
17. 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.
18. BUILDING & SUITE NUMBERS: Submit requests for new building addresses to the Building Division
prior to submitting for the building permit application process.
19. SIZE OF PLANS: Submit four sets of construction plans, minimum size 24” x 36”, maximum size
30” x 42”.
20. 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.
21. 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.
22. 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.
23. 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
24. 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.
25. 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.
26. 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.
27. 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.
28. HAZARDOUS FIRE ZONE: All projects in the Town of Los Gatos require Class A roof assemblies.
29. 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.
30. 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.
31. 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 AND PUBLIC WORKS:
Engineering Division
32. 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.
33. 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.
34. CONSTRUCTION PLAN REQUIREMENTS: Construction drawings shall comply with Section 1
(Construction Plan Requirements) of the Town’s Engineering Design Standards, which are available
for download from the Town’s website.
35. 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.
36. 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.
37. 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.
38. 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.
39. SITE SUPERVISION: The General Contractor shall provide qualified supervision on the job site at all
times during construction.
40. 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.
41. 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.
42. INSPECTION FEES: Inspection fees shall be deposited with the Town prior to the issuance of any
grading or building permits or recordation of the Parcel / Final Map.
43. 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.
44. 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.
45. 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.
46. DRIVEWAY: The driveway conforms to existing pavement shall be constructed in a manner such
that the existing drainage patterns will not be obstructed.
47. DRAINAGE IMPROVEMENT: Prior to the recordation of a subdivision map (except maps for
financing and conveyance purposes only) or prior to the issuance of any grading/improvement
permits, whichever comes first, the Owner, Applicant and/or Developer shall: a) design provisions
for surface drainage; and b) design all necessary storm drain facilities extending to a satisfactory
point of disposal for the proper control and disposal of storm runoff; and c) provide a recorded
copy of any required easements to the Town.
48. 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 top of wall
elevations and locations for retaining walls.
49. TREE REMOVAL: Copies of all necessary tree removal permits shall be provided prior to the issuance
of a grading permit/building permit.
50. 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, or their representative, 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.
51. GENERAL: The Owner, Applicant and/or Developer shall comply with all Town, County, State and
Federal laws and regulations applicable to this land division.
52. PARCEL MAP: A parcel map shall be recorded. Two (2) copies of the parcel map and an electronic
copy of the map and all associated materials shall be submitted to the Engineering Division of the
Parks and Public Works Department for review and approval. Submittal shall include closure
calculations, title reports and the appropriate fee. The map shall be recorded prior to the issuance
of any grading or building permits. The Applicant/Developer/Subdivider shall provide the
Engineering Division with an electronic copy (in PDF format) of the signed recorded map along with
a CAD drawing of the Parcel Map after it is recorded.
53. WEST VALLEY SANITATION DISTRICT: All sewer connection and treatment plant capacity fees shall
be paid either immediately prior to the recordation of any subdivision or tract maps with respect
to the subject property or properties or immediately prior to the issuance of a sewer connection
permit, which ever event occurs first. Written confirmation of payment of these fees shall be
provided prior to map recordation.
54. DEDICATIONS: The following shall be dedicated on the final/parcel map by separate instrument.
The dedication shall be recorded before any grading or building permits are issued:
a. Roberts Road: right-of-way resulting in a 30-foot half-street width with a fifteen (15) foot radius
at the intersection with Fisher Avenue shall be dedicated in fee.
b. Fisher Avenue: right-of-way resulting in a 28-foot half-street width with a fifteen (15) foot
radius at the intersection with Roberts Road shall be dedicated in fee.
55. DEMOLITION: The existing building shall be demolished prior to recordation of the parcel map
affected by this existing building.
56. SOIL RECOMMENDATIONS: The project shall incorporate the geotechnical/geological
recommendations contained in the project’s design-level geotechnical/geological investigation as
prepared by the Owner, Applicant and/or Developer’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 Owner, Applicant and/or Developer.
57. 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. An electronic copy (PDF) 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.
58. WATER METER: The water meters shall be located 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.
59. SANITARY SEWER CLEANOUT: The sanitary sewer cleanouts shall be located 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.
60. PUBLIC IMPROVEMENTS: The following improvements shall be installed by the 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 any grading or building permits or the recordation of a
map. Plans for the improvements must be approved by the Town prior to the issuance of any
grading or building permits. The improvements must be completed and accepted by the Town
before the issuance of any grading or building permits unless otherwise allowed by the Town
Engineer.
a. Roberts Rd
i. Curb, gutter, sidewalk, signing and striping.
ii. Remove and replace the existing pavement section along the project frontage with a traffic-
appropriate engineered structural pavement section from centerline to the proposed lip of
gutter on the project (south) side.
b. Fisher Ave
i. Curb, gutter, sidewalk, signing and striping.
ii. Remove and replace the existing pavement section along the project frontage with a traffic-
appropriate engineered structural pavement section from centerline to the proposed lip of
gutter on the project (east) side.
61. 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.
62. GREEN INFRASTRUCTURE MEASURES: Projects which propose work within the Town’s right-of-way,
including but not limited to pavement restoration, street widening, construction of curb, gutter
and/or sidewalk, right-of-way dedication, etc., will be evaluated by Staff to determine its potential
for the implementation of Green Infrastructure measures and associated improvements.
63. FRONTAGE IMPROVEMENTS: The Developer shall be required to improve the project’s public
frontage (right-of-way line to centerline and/or to limits per the direction of the Town Engineer) to
current Town Standards. These improvements may include but not limited to curb, gutter,
sidewalk, driveway approach(es), curb ramp(s), signs, pavement, raised pavement markers,
thermoplastic pavement markings, etc. Plans for the improvements must be approved by the Town
prior to the issuance of any grading or building permits. The improvements must be completed and
accepted by the Town before the issuance of any grading or building permits unless otherwise
allowed by the Town Engineer.
64. GREEN BICYCLE FACILITIES: The Owner, Applicant and/or Developer shall install green bike lanes as
directed by the Town Engineer. The improvements must be completed and accepted by the Town
before a Certificate of Occupancy for any new building can be issued.
65. 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.
66. 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.
67. 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.
68. 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.
69. DRIVEWAY APPROACH: The Owner, Applicant and/or Developer shall install three (3) Town
standard residential 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.
70. 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.
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. FRONTAGE IMPROVEMENTS (TRAFFIC): The Developer shall construct improvements including and
may not be limited to signage, striping, curb/gutter/sidewalk, ADA ramps, pedestrian crosswalk at
project frontage as directed by the Town Engineer. Plans for the improvements must be approved
by the Town prior to the issuance of any grading or building permits. The improvements must be
completed and accepted by the Town before the issuance of any grading or building permits unless
otherwise allowed by the Town Engineer.
75. TRAFFIC IMPACT MITIGATION FEE: Prior to the issuance of any building/grading permits, the
Owner/Applicant/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 any grading or 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.
76. 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.
77. 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.
78. 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.
79. 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.
80. 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.
81. CONSTRUCTION HOURS: All subdivision improvements and site improvements construction
activities, including the delivery of construction materials, labors, heavy equipment, supplies, etc.,
shall be limited to 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. The Town may authorize, on a case-by-case basis, alternate construction
hours. The Owner, Applicant and/or Developer shall provide written notice twenty-four (24) hours
in advance of modified construction hours. Approval of this request is at discretion of the Town.
82. 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.
83. CONSTRUCTION MANAGEMENT PLAN SHEET: Prior to the issuance of any encroachment, grading
or building permits, the Developer’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.
84. 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.
85. 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.
86. 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.
87. LANDSCAPE MAINTENANCE AGREEMENT: The Developer shall enter into a Landscape Maintenance
Agreement with the Town of Los Gatos in which the Developer agrees to maintain the vegetated
areas along the project’s Roberts Road frontage located within the public right-of-way. The
agreement must be completed and accepted by the Town Attorney prior to the issuance of any
encroachment, grading or building permits.
88. 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.
89. 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.
90. 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. All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved
access roads) shall be watered two times per day, or otherwise kept dust-free
b. All haul trucks designated for removal of excavated soil and demolition debris from site shall
be staged off-site until materials are ready for immediate loading and removal from site.
c. All haul trucks transporting soil, sand, debris, or other loose material off-site shall be covered.
d. As practicable, all haul trucks and other large construction equipment shall be staged in areas
away from the adjacent residential homes.
e. All visible mud or dirt track-out onto adjacent public roads shall be removed using wet power
vacuum street sweepers at least once per day, or as deemed appropriate by Town Engineer.
The use of dry power sweeping is prohibited. An on-site track-out control device is also
recommended to minimize mud and dirt-track-out onto adjacent public roads.
f. All vehicle speeds on unpaved surfaces shall be limited to fifteen (15) miles per hour.
g. All driveways and sidewalks to be paved shall be completed as soon as possible. Building pads
shall be laid as soon as possible after grading unless seeding or soil binders are used.
h. Post a publicly visible sign with the telephone number and person to contact at the lead agency
regarding dust complaints. This person shall respond and take corrective action within forty-
eight (48) hours. The Air District’s phone number shall also be visible to ensure compliance with
applicable regulations. Please provide the BAAQMD’s complaint number on the sign: 24-hour
toll-free hotline at 1-800-334-ODOR (6367).
i. All excavation, grading, and/or demolition activities shall be suspended when average wind
speeds exceed twenty (20) miles per hour.
j. Vegetative ground cover (e.g., fast-germinating native grass seed) shall be planted in disturbed
areas as soon as possible and watered appropriately until vegetation is established.
91. 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.
92. 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.
93. SITE DRAINAGE: Rainwater leaders shall be discharged to splash blocks. No through curb drains will
be allowed. 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. No improvements shall obstruct or divert runoff to the detriment of an
adjacent, downstream or down slope property.
94. SILT AND MUD IN PUBLIC RIGHT-OF-WAY: It is the responsibility of Contractor and
Owner/Applicant/Developer 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.
95. 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.
96. PERMIT ISSUANCE: Permits for each phase; reclamation, landscape, and grading, shall be issued
simultaneously.
97. COVERED TRUCKS: All trucks transporting materials to and from the site shall be covered.
98. PRIVATE EASEMENTS: Agreements detailing rights, limitations, and responsibilities of involved
parties shall accompany each private easement. The easements and associated agreements shall
be recorded simultaneously with the Final/Parcel map. A copy of the recorded agreement(s) shall
be submitted to the Engineering Division of the Parks and Public Works Department prior to the
issuance of any permit.
TO THE SATISFACTION OF THE SANTA CLARA COUNTY FIRE DEPARTMENT:
99. FIRE SPRINKLERS REQUIRED: (As noted on Sheet A) An automatic sprinkler system shall be
installed in one- and two-family dwellings as follows: 1. In all new one- and two-family dwellings
and in 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. 2. In all new basements and in
existing basements that are expanded. Exception: Existing basements that are expanded by note
more than 50 percent. NOTE: The owner(s), occupant(s) and 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 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.
CRC Sec. 313.2 as adopted and amended by LGTC.
100. CONSTRUCTION SITE FIRE SAFETY: All construction sites must comply with applicable provisions
of the CFC Chapter 33 and our Standard Detail and Specifications SI-7. Provide appropriate
notations on subsequent plan submittals, appropriate to the project CFC Chapter 33.
101. 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 this office 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.
102. 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 the 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 width of 0.5 inch (12.7 mm). Where access is by means of a private road and the
building cannot be viewed from the public way, a monument, pole or other signs or means shall
be used to identify the structure. Address numbers shall be maintained. CFC Section 505.1
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