Exhibit 3 - Recommended Conditions of ApprovalEXHIBIT 3
PLANNING COMMISSION –December 9, 2020
CONDITIONS OF APPROVAL
62 Ellenwood Avenue
Architecture and Site Application S-20-008
Requesting Approval for Demolition of an Existing Single-family Residence,
Construction of a New Single-family Residence, Removal of a Large Protected Tree,
and Site Improvements Requiring a Grading Permit on Property Zoned R-1:12.
APN 510-20-068
PROPERTY OWNER: Lisa Nichols, Arcanum Architecture, Inc.
APPLICANT: Lisa and Case Swenson
PROJECT PLANNER: Sean Mullin
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 o r security.
4. 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.
5. 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.
6. TREE FENCING: Protective tree fencing, and other protection measures shall be placed at
the drip line of existing trees prior to issuance of demolition and building per mits and shall
remain through all phases of construction. Include a tree protection plan with the
construction plans.
7. TREE STAKING: All newly planted trees shall be double-staked using rubber tree ties.
8. FRONT YARD LANDSCAPE: Prior to issuance of a Certificate of Occupancy the front yard
must be landscaped.
9. ARBORIST REQUIREMENTS: The developer shall implement, at their cost, all
recommendations identified in the Arborist’s report. These recommendations must be
incorporated in the building permit plans, and completed prior to issuance of a building
permit where applicable. A Compliance Memorandum shall be prepared by the applicant
and submitted with the building permit application detailing how the recommendations
have or will be addressed.
10. 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.
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 from the demolished structure shall be deposited to a company which
will recycle the materials. Receipts from the company(s) accepting these ma terials, noting
the type and weight of materials, shall be submitted to the Town prior to the Town’s
demolition inspection.
12. STORY POLES: The story poles on the project site shall be removed within 30 days of
approval of the Architecture & Site application.
13. 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.
14. COMPLIANCE MEMORANDUM: A memorandum shall be prepared and submitted with the
building plans detailing how the Conditions of Approval will be addressed.
Building Division
15. PERMITS REQUIRED: A Demolition Permit is required for the demolition of the existing
single-family residence. A separate Building Permit is required for the construction of the
new single-family residence and attached garage. An additional Building Permit will be
required for each separate structure that is not attached to anot her permitted structure
(example: swimming pool, ground mount solar array, retaining walls, pool pavilion, etc.)
16. APPLICABLE CODES: The current codes, as amended and adopted by the Town of Los Gatos
as of January 1, 2020, are the 2019 California Building Standards Code, California Code of
Regulations Title 24, Parts 1-12, including locally adopted Energy Reach Codes.
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 wide 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. HAZARDOUS FIRE ZONE: All projects in the Town of Los Gatos require Class A roof
assemblies.
28. WILDLAND-URBAN INTERFACE: This project is located in a Wildland-Urban Interface High
Fire Area and must comply with Section R337 of the 2019 California Residential Code, Public
Resources Code 4291 and California Government Code Section 51182.
29. PROVIDE DEFENSIBLE SPACE/FIRE BREAK LANDSCAPING PLAN: Prepared by a California
licensed Landscape Architect in conformance with California Public Resou rces Code 4291
and California Government Code Section 51182.
30. 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.
31. 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.
32. BLUEPRINT 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 Blueprint for a fee or online at
www.losgatosca.gov/building.
33. 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
34. 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.
35. 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.
36. 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.
37. PRIOR APPROVALS: All conditions per prior approvals shall be deemed in full force and
affect for this approval.
38. CHANGE OF OCCUPANCY: Prior to initial occupancy and any subsequent change in use or
occupancy of any non-residential condominium space, the buyer or the new or existing
occupant shall apply to the Community Development Department and obtain approval for
use determination and building permit and obtain inspection approval for any necessary
work to establish the use and/or occupancy consistent with that intended.
39. 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.
40. 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.
41. GENERAL LIABILITY INSURANCE: The property owner shall provide proof of insurance to the
Town on a yearly basis. In addition to general coverage, the policy must cover all elements
encroaching into the Town’s right-of-way.
42. 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.
43. 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.
44. SITE SUPERVISION: The General Contractor shall provide qualified supervision on the job
site at all times during construction.
45. 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.
46. 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.
47. INSPECTION FEES: Inspection fees shall be deposited with th e Town prior to the issuance of
any grading or building permits or recordation of the Parcel / Final Map.
48. 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.
49. 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.
50. 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 perm it. 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.
51. ILLEGAL GRADING: Per the Town’s Comprehensive Fee Schedule, applications for work
unlawfully completed shall be charged double the current fee. As a result, the required
grading permit fees associated with an application for grading will be charged accordingly.
52. DRIVEWAY: The driveway conform to existing pavement on Ellenwood Avenue shall be
constructed in a manner such that the existing drainage patterns will not be obstructed.
53. CONSTRUCTION EASEMENT: Prior to the issuance of a grading or building permit, it shall be
the sole responsibility of the Owner, Applicant and/or Developer to obtain any and all
proposed or required easements and/or permissions necessary to perform the grading
herein proposed. Proof of agreement/approval is required prior to the issuance of any
Permit.
54. DRAINAGE STUDY: Prior to the issuance of any grading or building permits, the following
drainage studies shall be submitted to and approved by the Town Engineer: a drainage
study of the project including diversions, off-site areas that drain onto and/or through the
project, and justification of any diversions; a drainage study evidencing that the proposed
drainage patterns will not overload the existing storm drain facilities; and detailed drainage
studies indicating how the project grading, in conjunction with the drainage conveyance
systems (including applicable swales, channels, street flows, catch basins, storm drains, and
flood water retarding) will allow building pads to be safe from inundation from rainfall
runoff which may be expected from all storms up to and including the theoretical 100 -year
flood.
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 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. 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.
60. WATER METER: The existing water meter, currently located within the Ellenwood Avenue
right-of-way, shall be relocated within the property in question, directly behind the public
right-of-way line. The Owner, Applicant and/or Developer shall repair and replace to
existing Town standards any portion of concrete flatwork within said right -of-way that is
damaged during this activity prior to issuance of a certificate of occupancy.
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 Owner and/or Applicant 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, storm drain facilities, traffic
signal(s), street lighting (upgrade and/or repaint) etc. The improvements must be
completed and accepted by the Town before a Certificate of Occupancy for any new
building can be issued.
64. 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 pr oviders 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.
65. 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.
66. 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.
67. 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.
68. 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.
69. CONSTRUCTION MANAGEMENT PLAN SHEET: Prior to the issuance of any grading or
building permits, the Owner and/or Applicant’s design consultant shall submit a
construction management plan sheet (full-size) within the plan set that shall incorporate at
a minimum the Project Schedule, 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.
70. WVSD (West Valley Sanitation District): Sanitary sewer laterals are televised by West Valley
Sanitation District and approved by the Town of Los Gatos before they are used. A Sanitary
Sewer Clean-out is required for each property at the property line, within one (1) foot of the
property line per West Valley Sanitation District Standard Drawing 3, or at a location
specified by the Town.
71. 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.
72. 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.
73. NPDES STORMWATER COMPLIANCE: In the event that, during the production of
construction drawings for the plans approved with this application by the Town of Los
Gatos, it is determined that the project will create and/or replace more than 2,500 square
feet of impervious area, completion of the NPDES Stormwater Compliance Small Projects
Worksheet and implementation of at least one of the six low impact development site
design measures it specifies shall be completed and submitted to the Engineering Divisi on
before issuance of a grading/building permit.
74. 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.
75. 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.
76. 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 grad ing and erosion control ordinance,
and other generally accepted engineering practices for erosion control as required by the
Town Engineer when undertaking construction activities.
77. WATER FEATURES: New swimming pools 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 feature shall be directed to the sanitary sewer and
are not allowed into the storm drain system.
78. 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 impervio us 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.
79. 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.
80. 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.
81. COVERED TRUCKS: All trucks transporting materials to and from the site shall be covered.
TO THE SATISFACTION OF THE SANTA CLARA COUNTY FIRE DEPARTMENT:
82. GENERAL: Review of this Developmental proposal is limited to acceptability of site access,
water supply and may include specific additional requirements as they pertain to fire
department operations, and shall not be construed as a substitute for formal plan review to
determine compliance with adopted model codes. Prior to performing any work, the
applicant shall make application to, and receive from, the Building Department all
applicable construction permits.
83. FIRE SPRINKLERS REQUIRED: (As noted on Sheet A0.0 and L0.0) An automatic residential fire
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 SF whether by increasing the
area of the primary residence or by creation of an attached Accessory Dwelling Unit. 2) In all
new basements and in existing basements that are expanded by more than 50%. 3) In all
attached ADUs, additions or alterations to an existing one- and two-family dwelling that
have an existing fire sprinkler system. Exceptions: 1) One or more additions made to a
building after January 1, 2011 that does not total more than 1,000 square feet of building
area and meets all access and water supply requirements of Chapter 5 and Appendix B and
C of the 2019 California Fire Code. Sprinklers are required for both structures.
84. WATER SUPPLY REQUIREMENTS: (As noted on Sheet L0.0) 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). 2019 CFC Sec. 903.3.5 and Health and Safety Code 13114.7
85. ADDRESS IDENTIFICATION: (As noted on Sheet L0.0) New and existing buildings shall have
approved address numbers, building numbers or approved building iden tification 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. 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
sign or means shall be used to identify the structure. CFC Sec. 505.1.
86. CONSTRUCTION SITE FIRE SAFETY: (As noted on Sheet L0.0) All construction sites must
comply with applicable provisions of the CFC Chapter 33 and our Standard Detail and
Specification SI-7. Provide appropriate notations on subsequent plan submittals, as
appropriate to the project. CFC Chp. 33.
87. EMERGENCY GATE/ACCESS GATE REQUIREMENTS: (As noted on Sheet C2.1 and L0.0) Gate
installations shall conform with Fire Department Standard Details and Specification G-1 and,
when open shall not obstruct any portion of the minimum required width for emergency
access roadways or driveways. Locks, if provided, shall be fire department approved prior to
installation. Gates across the emergency access roadways shall be equipped with an
approved access devices. If the gates are operated electrically, an approved Knox key switch
shall be installed; if they are operated manually, then an approved Knox padlock shall be
installed. Gates providing access from a road to a driveway or other roadway shall be at
least 18 feet from the road being exited. [CFC Sec. 503.6 and 506] [LGTC Sec. 29.40.030]. A
Knox Key Switch will be provided and installed as noted. Rev. 10/13/20 KB.
88. FIRE APPARATUS (ENGINE)ACCESS DRIVEWAY REQUIRED: (As noted on Sheet C2.1 and L0.0)
Provide an access driveway with a paved all weather surface, a minimum unobstructed
width of 12 feet, vertical clearance of 13 feet 6 inches, minimum circulating turning radius
of 36 feet outside and 23 feet inside, and a maximum slope of 15%. Installations shall
conform to Fire Department Standard Details and Specifications sheet D -1. Rev. 10/13/20
KB.
89. General: This review shall not be construed to be an approval of a violation of the provisions
of the California Fire Code or of other laws or regulations of the juri sdiction. A permit
presuming to give authority to violate or cancel the provisions of the fire code or other such
laws or regulations shall not be valid. Any addition to or alteration of approved construction
documents shall be approved in advance. [CFC, Ch.1, 105.3.6]
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