Item 04 - 105 Newell Ave - Staff Report Exh.14-15A~
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SUMMARY OF MITIGATION MEASURES AND MONITORING PROGRAM FOR THE 105 NEWELL AVENUE PROJECT
Mitigation Measures
AQ-1: BAt\QMD-Rccommend Basic Construction
Mitigation Mea sures.
To limit the pro ject's construction -related dust and criteria
po llutant emissions, the fo ll owing the Bay Area Air
Quali ty Management District (BAAQMD)-recommendcd
Basic Construction J\ilitigation Measures s hall be included
in the project's grading plan, building plans, and contract
specification s:
a. All exposed surfaces (e.g., parking areas , staging
areas , soil piles, graded areas, a nd unpaved access
roads) shall be watered two times p er day. Recycled
water s ho uld be used wherever feasib le.
b. All haul trucks transporting soil, sand, or other
loose m aterial off-site shall b e cove red.
c. AU vis ible m ud or dirt track-out onto adjacent
public road s shall b e removed using wet p ower
vacuum s tree t sweepers at leas t once per day. The
use of dry power sweeping is prohibited.
d .
e.
f.
All veh icle speed s o n unpaved road s shall b e
limited to 15 mph.
All roadways, d ri veways, and sidewalks to be paved
shall be completed as soon as poss ible.
Idling times shall be minimized e ither b y shutting
equipme nt off whe n n o t in u se o r reducing the
maximum idling time to five minutes (as required
by the C alifornia airborne toxics control measu re
Title 13, Section 2485 of Cali fo rnia Code of
Regulatiom [CCR]). Clear sig nage s hall be
provided for con struction workers at all access
points.
Party Respon sible for
Implementation
Project E ngin eer and
Construction
Con tractor
Implementation
Trigger /Timing
Prior to issuance of
grading permit I
during construction
Agen cy Res p o n sible
fo r M o nitoring
Director of
C o mmunity
D evelopment
105 Newell Avenu e
PD-14-002
ND-16-002
Mitigation Monitoring and Reporting Progra m
T iming and
Monitoring
Review
specifications;
monitor prior to a nd
during regular
inspections
Monitoring
Compliance
R ecord
(Name/Dat e)
Initials:
Date: __ _
Initial s:
Date: __ _
l ni tial s:
Date: __ _
l nitials:
Date: ___ _
EXHIBIT 1 4
SUMMARY OF MITIGATION MEASURES AND MONITORING PROGRAM FOR THE 105 NEWELL AVENUE PROJECT
Party Res ponsible for
Mitigation Measures Implementation
g. All construction eq uipment s hall be maintain ed
and properly tuned in accordance with
manufacturer's specifications. All equipment shall
be checked by a certified mechanic and d etermin ed
to be running in proper condition prior to
h.
operation.
The project
"di sturban ce
contractor shall designate a
coordinator" responsible for
re sponding to any local complaints regarding dust
complaints. The project contractor will post a
publicly visible sign with a contact telephone
number for the disturbanc e coordinator. The
BAAQMD's phone number shall also be visible to
ensu re compliance with applicable regulations.
CU L-1: Discove01 of Unknown Cultural Resources
In the event that archaeological traces are encountered , all
construction with in a SO-meter radius o f the find will be
halted , the Community Development Director will be
notified, and an archa eologist will be retained to examin e
the find and make appropriate reco mmendations.
If the Community Development Director find s that t he
archaeological find is not a significant reso urce, work will
res ume o nl y after the submittal of a preliminary
arc haeological re port and after provisio m for reburial a nd
ongoing monitoring are accepted. Provisiom for
identifying d escendants of a deceased Native American
and for rebu rial will follow the protocol set forth in
CEQA Guidelines Section 15064.S (e). If the site is foun d
to be a significant archaeological site, a mitigation program
Con struction
contractor and
archaeological monitor
Implementation
Trigger /Timing
During ground-
d isturbing activities
2
Agency Responsible
for Monitoring
Director o f
Community
D evelopment
105 Newell Avenue
PD-14 -002
Mitigation Monitoring and Reporting Program
Timing and
Monitoring
Monitor during
construction
Monitoring
Complian ce
Reco rd
(Name/Date)
Initials:
Date: ___ _
Initials:
Date: __ _
Initials:
Date: __ _
Initials :
D ate: __ _
SUMMARY OF MITIGATION MEASURES AND MONITORING PROGRAM FOR THE 105 NEWELL AVENUE PROJECT
Party Res pons ible for
Mitigati on Measures Imple mentatio n
will be prepared and submitted to th e Community
D ev elopment Directo r for con side ration and approval, in
conformance with the protocol set forth in Public
Resources Cod e Sec tion 21083.2.
A final report shall be prepared when a find is d etermin ed
to be a significant archaeological site, and/or when Native
America n remain s are found on th e site. The fi nal report
will include background information on th e complet ed
wor k, a d esc ription and list of identified resources, the
disposition and curation o f these resources, any testing,
other recovered informatio n, and conclusions.
C UI ~2: D iscovecy of l luman Remain s
I f human remains arc discovered, the Sa nta Clara County
Coron er will be notified. T he Coroner will de termine
whether or not the remain s are Native American. I f th e
Coroner d eterm ines that the remains arc no t subject to his
authority, he wil l notify the Native American H eritage
Commission, wh o shall attem p t to ide ntify d es cendants o f
th e deceased N ative Americans.
G E0-1: Geotechnical T nvcs tigation
For th e proposed roadway and each proposed resid ential
uni t , t he project applicant(s) shall consult with a registe red
gcotcc hnical engi nee r to prepare a design-level
geotcchnical inves tigation. The design -level geotech nica.l
report shall address, but n ot be limited to, site preparatio n
and grading, building foundations, and CBC seismic
design parameters. A design-level geotechnical report shall
Construction
Contractor
Developer-contracted
geotechnical engineer
Implementation
T rigger/Timing
During ground-
disturbing activities
Prior to issuance of
building permit /
prior to con struction
3
Agen cy R espo n sible
for M o nito ri ng
Director of
Community
Development
Building Division
105 Newell Avenue
PD-14-002
Mitigation Monitoring and Reporting Program
T iming and
M o nito ring
Monitor durin g
construction
Rev iew
specifications;
monitor prior to and
d uring regular
ins pections
Monito ring
C o mpliance
R ecord
(Nam e/D a te)
Tnit ial s:
Date: ___ _
Initials:
Date: __ _
Initials:
Date: __ _
Initiak
Date:
Initial s:
Date: __ _
Initial s:
Date: __ _
Initials:
-I ""
~o.a1'Y
SUMMARY OF MITIGATION MEASURES AND MONITORING PROGRAM FOR THE 105 NEWELL AVENUE PROJECT
Party R esp o n sible for
M itigation Measures Imp leme nta tio n
be prepared and submitted in conjunction with Building
Permit application (s) a nd reviewed and approved b y th e
T o wn o f Los Gatos. Reco mme ndations fr o m the des ign -
lc vcl geotechnical report shall be incorporated into th e
final project d esign and construction d ocuments.
NOl -1: Noise Attenuation Wall
Prio r to th e issuance o f a g rading permit or
improvem ents plans, t he applicant shall d emonstrate to
th e Directo r of Community D evelo pment , that a nois e
attenuation wall is shown on th e final landscape plans.
The no ise a ttenuation wall shall includ e th e
sp ecifi cati o ns:
• The no ise attenuati on wall shall b e a minimum of
six fe et tall. The appro xim ate location of the
reco mmended noise barriers is shown on F igure 3
o f th e nois e analysis repo r t prepared foe the proj ect
dated Ma y 2, 2016.
• T he no ise attenuation wall shaU b e constructed o f
concrete masonry units (C M U), solid co ncrete
panels, or earthen berm . The n oise barriers may
include the comb ination o f earthen b erm and C MU
wall or concrete panel s. W ood is n ot recommended
due to eventual warping and d egradation of
acousti cal performance . O th er types of materials
should be review ed by an acoustical consultant
p rio r to use.
• Air conditio ning shall be includ ed in all residences
to all ow occupants to close doors and windows as
des ir ed for acou stical isolati o n.
Construction
Contracto r
Imple m e ntation
T ri gger /Tim i ng
Pri o r to issuance of
building / grading
permit /
during construction
4
Agen cy Resp o n sible
fo r Monit orin g
Building Division
105 Newell Avenue
PD-1 4-002
Mitigation Monitoring and Reporti ng Program
Timing an d
Monit oring
Revi ew
specifications;
monitor during
construction; review
mitigation program
if required
Monitoring
Com plian ce
R ecord
(Name/D ate)
Date: ___ _
Initials:
Date: ___ _
Initials:
Date: ___ _
Initials:
Date: ___ _
Initials:
Date: ___ _
I nitials :
Date: ___ _
SUMMARY OF MITIGATION MEASURES AND MONITORING PROGRAM FOR THE 105 NEWELL AVENUE PROJECT
Mitigatio n Measures
NOl-2: Con s truction Vi bration
The construction contractor s hall prohibit the use of
vibratory rollers within 30 feet of ex isting residences.
Pl ate compactors and s mall er, rubber-tired equipment
shall be utilized as feas ibl e. The T own of Los Gatos
Building Division shall ensure th at this requirement is
incorporated into construction documents prior to
is1mance of grading permits.
NOI-3: Construction Specifi ca tions to Reduce N oise
The projec t applicant and its successors shall en sure that
the fo ll owin g practices arc incorporated into the
comtruction specification d oc ume nts to be impleme nted
by the pro ject contractor:
•
•
•
Provide e nclosures and m ufflers for statio nary
eq uipment, s hrouding or shi eldi ng for impact tools,
and barriers around particularl y noisy operations,
such as grading or use of concrete saws within 50 fee t
of an occupied se n sitiv e land use.
Use construction equipment with lower Ocss than 70
dB) noise emissi o n ratings whenever possible,
particularly air compressors and gene rators.
Do not u se equipme nt on which sou nd-control
devices provided b y the manufacturer have been
alte red to reduce noise contro l.
• Locate stationary equipme nt, mate ri al s to ckpil es, and
veh icl e staging areas a s far as practicable from
sensitive receptors.
• Prohibit unnecessary idling of internal combustion
Party Responsible for
Implementation
Con strnctio n
Contractor
Construction
Contractor
Implementation
Trigger /Tim ing
Prior to issuance of
g rad ing p ermit /
during construction
Prior to issuance of
grading permit /
d uring construction
5
Agency Responsible
for Monitoring
Building Division
Building Division
105 Newell Avenue
PD-14-002
Mitigation Monitoring and Reporting Program
Timing and
Mon itoring
Review
s peci ficati o n s;
monitor during
construction; rev iew
mitigation program
if required
Review
specifi cations;
mo nitor during
construction; review
mitigation p rogram
if required
Monitoring
Compli an ce
R ecord
(Nam e/Date)
Initials:
Date: __ _
Initials:
Date: __ _
Initials:
Date: __ _
In iti al s:
Date:
Initial s:
Date: __ _
Initi als:
Date: __ _
Initials:
Date : __ _
In itia ls:
Date: __ _
SUMMARY OF MITIGATION MEASURES AND MONITORING PROGRAM FOR THE 105 NEWELL AVENUE PROJECT
Mitigation Measures
engmes.
• Implement noise attenuatio n measures to th e ex tent
feas ibl e (i.e., such that t hey do not imped e efficient
operation of equipment o r dramatically slow
pro duction rates), which may include, but are not
lim ited to, noise barriers o r n o ise bl ankets. The
pl ace me nt of such attenuatio n measures shal l be
reviewed and approved by th e Los Gatos Building
Division prior to issuance o f d eve lopment pe rmit for
construction activities.
1 1lA NS-1: Traffic Control Plan
The project applicant shall work with the Engineering
Division of t he T own of Los Gatos's Parks and Public
Works D epartment to devise a traffic control plan for
inco rp o ration into the construction bid documents
(s pecifications) to ensure sa fe and e ffici e nt traffic fl ow
during periods when soil is hauled o ff the project site.
The plan sha ll include, but no t be limited to, th e
fo ll owin g me as u re s:
• Hauling and deli very acti viti es and designated truck
rou tes shall b e stra tegicall y selected , timed and
coordinated to minimize traffic disruption to schools,
res idents, busine sses, special events, and o th er
pro jects in th e area. T he schools located o n the haul
ro ute shall be contac ted to help with th e coordinatio n
of the trucking operation to minimi ze traffic
disruption.
• Plag p ersons shall be placed at locations as necessary .
All fl ag persons shall have the capability of
communicating with each other to coordinate th e
operation.
• Prior to constructio n, ad vance notification o f all
affected re sidents and emerge ncy se rvic es shall be
Party Responsible for
Implementation
Proje ct Applicant and
Project Engineer
Implementation
Trigger /Timing
Prior to iss uance of
grading permit /
during construction
6
Agency Res ponsible
for Monitoring
E ngineering
Development Se rvices
105 Newell Avenue
PD-14-002
Mitigation Monitoring and Reporting Program
Timing and
Mo nitoring
Review
specifications;
mo nitor prior to an d
during regu lar
in spectio ns
M onitoring
Compliance
Record
(Name/Date)
I nitial s:
D ate: __ _
In itials :
Date: ___ _
Initials:
Date: ___ _
Initial s:
Date: ___ _
SUMMARY OF MITIGATION MEASURES AND MONITORING PROGRAM FOR THE 105 NEWELL AVENUE PROJECT
P ar ty R espons ible for
Mit igatio n M easu res Imple m e nta tio n
made regarding one-way operation, specifying dates
and hours of operation.
• Hauling of so il on or off-site s hal l not occur during
th e morning or evening peak periods (between 7:00
a.m. and 9:00 a.m. and betwee n 4:00 p.m. and 6:00
p.m .).
TRr\NS-2: Driveway Design
The applicant shall hire a registered traffic engmeer to
ensure appro priate driveway design for the new private
access drive. /\ detailed sight distance evaluation for the
project roadway shall be prepared for review and approval
b y the Park s and P ublic Works Department and th e
Community Development Director prio r to ap proval of
th e Final Subdivision Map .
Project Appli cant &
Project Engineer
Imple m e n tation
Trigger /T im in g
Prior to approval o f
Final Subdivis ion Map
7
Agen cy R esp o n s ible
for Monitorin g
Engineering
Development Services
& Community
Develo pment Director
105 Newell Aven ue
PD-14-002
Mitigati on Monitoring and Reporting Program
Timingand
Monitoring
Review
specifications;
monitor p rior to and
during regu lar
inspections
Mon itoring
Complian ce
R ecord
(Name/Date)
I nitials:
Date: __ _
Initials :
Date: ___ _
Initials:
Date: ___ _
Initials:
Date:
ORDINANCE
Draft Ordinance: s ubj ect to
modification by Town
Council based on
deliberations and direction
ORDINANCE OF THE TOWN OF LOS GATOS
AMENDING THE TOWN CODE EFFECTING A ZONE CHANGE
FROM R-1:12 TO R-1:12:PD
FOR PROPERTY LOCATED AT
105 NEWELL AVENUE (APN: 409-24-026)
THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAfN AS FOLLOWS:
SECTION I
The Town Code of the Town of Los Gatos is h ereby amended to change the zoning on
property at I 05 Newell Avenue (Santa Clara County Assessor Parcel N umber 409-24-026) as
shown on the map attached hereto as Exhibit A , and i s part of this Ordinance, from R-1: 12
(Single-Family Residential, 12 ,000 square foot lot minimum) to R-1: 12 (Single-Family
Residential 12,000 s quare foot lo t minimum, Planned Development).
SECTION II
The PD (Planned Development Overlay) zone established by this Ordinance authorizes
the following construction and use of improvements:
1. Removal of existing s ite improvements.
2. Construction of four market rate s ingle-family detached res idence s and up to two
seco ndary dwelling units.
3. Landscaping, private street, parking and other improvements sh ow n and required o n the
Official Development Plans .
4. Uses permitted are tho se s pecified in the R -1: 12 (Single Family Residential , 12 ,000
s quare foot lot minimum) zo ne by Sections 29.40.380 (Permitted Uses), as it exists at the
time of the adoption of this Ordinance, or as they may be amended in the future.
Page 1 of 27 EXHIBIT 1 5
SECTION lII
COMPLIANCE WITH OTHER DEVELOPMENT STANDARDS:
All provisions of the Town Code apply, except when the Official Develo pment Plan
s pecifically shows otherwise.
SECTION IV
A Tentative Subdivision Map and Architecture and Site Approvals are required before
construction of s ubdivision improvements or new residences , whether or not a permit is required
for the work and before any p ermit for construction is issued. Construction permits s hall only be
in a manner complying with Section 29.80.130 of the Town Code.
SECTION V
The a ttached Exhibit A (Map), and Exhibit B (Official Deve lopment Plans), are part of
the Official Development Plan. The following performance standards must be complied with
before issuance of any grading, or construction permits (mitigation meas ures are so no ted and are
flagged with an asterisk):
TO THE SATISFACTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT:
Planning Division
1. OFFI C IAL DEVELOPMENT PLANS . The Official Development Plans provided are
conceptual in nature. Final building footprints and building designs shall be determined
during the Architecture and Site approval process . Colors and building material s shown
on the Official Development Plan are not approved and shall be reviewed during the
Architecture and Site approval process.
2. 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.
Page 2 of27
3. ARCHITECTURE AND SITE APPROVAL REQUIRED. A separate Architecture and
Site (A&S) application and approval is required for each of the new residences. The
Architecture and Site app li cations shall be reviewed by the Development Review
Committee. Architectural details, including fencing and a project entry sign, shall be
refined as part of this process with input from the Town 's Consulting Architect. A full
A&S submittal shall be provided, including (but not limited to) the following
details/clarifications:
a. Clarification of total lot size.
b. FAR for each site based on net lot size after removal of street easement area and
required slope reduction.
c. Building heights shall be shown to be no more than 30-feet as measured to the
existing or proposed grade, whichever is lower.
d. Any bay windows shall be at least 36 inches above the finished floor to qualify for the
bay window setback exception.
e. A photometric plan for proposed street lighting shall show compliance with
engineering standards.
f. Additional retaining wall details.
g . Reduction in fence height, or request for fence height exception for heights greater
than si x feet and not exceeding eight feet.
h. Accurate and scaled site sections
1. Existing and proposed site elevations (streetscape or site section) from Winchester
Boulevard.
J. Memo detailing how the proposal will meet the recommendations of the Arborist
Consultant Report.
k. Memo detailing how proposal wi ll meet the recommendations of the Consulting
Architect's Report.
4. FINAL LANDSCAPE PLAN. A fina l landscape plan shall be reviewed by the Town 's
Consulting Landscape Architect and approved as part of the Architecture and Site
process. Minimum tree size at time of planting shall be 24-inch box.
Page 3 of27
5. WATER CONSERVATION ORDINANCE REQUIREMENT. The proposed
landscaping 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 prior to the issuance of a building
permit.
6. SETBACKS. The minimum setbacks are those specified by the R-1: 12 zoning district or
as otherwise shown on the Conceptual Development Plans.
7. LOT DEPTHS. The lot depths shown on the Conceptual Development Plans shall be
modified so that lots 3 and 4 shall meet the required 125 foot lot depth.
8. BUILDING HEIGHT. The maximum height of the new residences shall be 30 feet. The
maximum height for detached garages shall be 15 feet.
9. HOUSING SIZE. No additional square footage shall be permitted for any of th e units .
10. SECONDARY DWELLING UNITS. Secondary dwelling units are permitted on Lot s l
and 4.
11. OUTDOOR LIGHTING. All exterior building and outdoor lighting shall be shielded and
directed away from neighboring properties, to shine on the project site only. Lighting
shall be the minimum needed for pedestrian safety and security. Lighting specifications
shall be reviewed as part of the Architecture and Site process .
12. TREE PRESERVATION: All recommendations of the Town 's Consulting Arbori s t shall
be followed. Refer to the report prepared by Deborah Ellis, dated February 19 , 2015 for
additional details . The Arborist Consultant shall reevaluate the plans for the new
residences during Architecture and Site review.
13. TREE REMOVAL PERMIT. A Tree Removal Permit shall be obtained for trees
approved for removal prior to the issuance of demolition permits.
14. REPLACEMENT TREES. New trees shall be planted to mitigate the loss of trees being
removed. The number of trees shall be determined using the canopy replacement table in
the Tree Protection Ordinance. New trees shall be double staked and shall be planted
prior to final inspection and issuance of occupancy permits.
Page 4 of27
15. TREE FENCING. Protective tree fencing shall be placed at the drip line of existing trees
and shall remain through all phases of construction. Refer to the report prepared by
Deborah Elli s dated February 19 , 2015 for requirements. Fencing shall be six foot high
cyclo ne attached to two-inch diameter steel posts drive 18 inches into the ground and
spaced no further than 10 feet apart. Include a tree protection fencing plan with the
construction plans.
16. RECYCLING. All wood, metal , g lass and aluminum materials generated from
demolition work shall be deposited to a company which w ill recycle the materials .
Receipts from the company(s) accepting these materials, noting type and weight of
material, shall be s ubmitted to the Town prior to the demolition inspection.
17. FlNAL UTILITY LOCATIONS. The applicant shall submit plans showing the final
locations and scr eening of a ll exterior utilities, including but not limited to , backflow
preventers, Fire Department connections, transformers, utility boxes and utility meters.
Uti lity devices shall be screened to the satisfaction of the Director of Community
Developme nt. T he plans shall be submitted for review and approval prior to is suance of
building permits for new construction.
18. EXISTING RET AINlNG WALL. The existing retaining wall height along Winchester
Boulevard shall not increase should the wall need to be rebuilt.
19. PLAN INCONSISTENCY. Any inconsistencies between sheets shall be limited to
whichever is more restrictive.
20. SIDEWALKS . Sidewalk s along Winchester Boul evard and Newell A venue shall meet
minimum Town Code requirements.
21. GENERAL PROVISIONS. This Planned Development shall comply with provi s ions in
Town Code Sections 29.40.0 15 through 29.40.070, and Article V , unless m ore restrictive
pro vis ions are required in other performance standards for the subject Planned
Development.
22. DEVELOPMENT OUTSIDE PROPERTY LlNES: Development shall take place within
property lines unless written permission is obtained from nei ghboring property owners.
23. AIR QUALITY MITIGATION M EAS U RE AQ-1 *: BAAQMD-Reco mmend Basic
Construction Mitigation Measures. To limit the project's construction-related du st and
Page 5 of27
criteria pollutant emissions, the following the Bay Area Air Quality Management District
(BAAQMD)-recommended Basic Construction Mitigation 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. Recycled water
should be used wherever feasible.
b. All haul trucks transporting soil , sand, or other loose material off-site shall be
covered.
c. 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. The use of dry
power sweeping is prohibited.
d. All vehicle speeds on unpaved roads shall be limited to 15 mph.
e. All roadways, driveways, and sidewalk s to be paved shall be completed as soon as
possible.
f. Idling times shall be minimized either b y shutting equipment off when not in use
or reducing the maximum idling time to five minutes (as required by the
California airborne toxics contro l measure Title 13 , Section 2485 of California
Code of Regulations [CCR]). Clear signage shall be prov ided for cons truction
workers at all acce ss points.
g. All construction equipment shall be maintained and properly tuned in accordance
with manufacturer's specifications. All equipment shall be checked by a certified
mechanic and determined to be running in proper condition prior to operation.
h. The project contractor shall designate a "disturbance coordinator" responsible for
responding to any local complaints regarding dust complaints. The project
contractor will post a publicly visible sign with a contact telephone number for the
disturbance coordinator. The BAAQMD's phone number shall also be visible to
ensure compliance with appli cable regulations.
24. CULTURAL RESOURCES MITIGATION MEASURE CUL-1 *: Discovery of Unknown
Cultural Resources. In the event that archaeological traces are encountere d , all
construction within a 50-meter radius of the find will be halted, the Community
Page 6 of27
Development Director will be notified, and an archaeologist wi ll be retained to examine
the find and make appropriate recommendations.
If the Community Development Director finds that the archaeological find is not a
significant resource, work will resume only after the submittal of a preliminary
archaeological report and after provisions for reburial and ongoing monitoring are
accepted. Provisions for identifying descendants of a deceased Native American and for
reburial will follow the protocol set forth in CEQA Guidelines Section 15064.5(e). If the
site is found to be a significant archaeological site, a mitigation program will be prepared
and submitted to the Community Development Director for consideration and approva l,
in conformance with the protocol set forth in Public Resources Code Section 21083.2.
A final report shall be prepared when a find is determined to be a significant
archaeo logical si te , and/or when Native American remains are found on the site. The final
report will include background information on the completed work, a description and list
of identified resources, the disposition and curation of these resources, any testing, other
recovered information, and conclusions.
25. CULTURAL RESOURCES MITIGATION MEASURE CUL-2*: Discovery of Human
Remains. If human remains are discovered , the Santa C lara County Coroner will be
notified. The Coroner will determine whether or not the remains are Native American. If
the Coroner determines that the remains are not subject to his authority, he will notify the
Native American Heritage Commission, who shall attempt to identify descendants of the
deceased Native Americans.
26. GEOTECHNICAL MITIGATION MEASURE GE0-1 *: Geotechnical Investigation. For
the proposed roadway and each proposed residential unit , the project applicant(s) shall
consult with a registered geotechnical engineer to prepare a design-level geotechnical
investigation. The design-level geotechnical report shall address, but not be limited to ,
site preparation and grading, building foundations, and CBC seismic design parameters.
A design-level geotechnica l report shall be prepared and submitted in conjunction with
Building Permit application(s) and reviewed and approved by the Town of Los Gatos.
Recommendations from the design-level geotechnical rep ort shall be incorporated into
the final project design and construction documents .
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27. NOISE MITIGATION MEASURE NOI-1 *:Noise Attenuation Wall. Prior to the
issuance of a grading permit or improvements plans, the applicant shall demonstrate to
the Director of Community Development that a noise attenuation wall is shown on the
final landscape plans. The noise attenuation wall shall include the specifications:
• The noise attenuation wall shall be a minimum of six feet tall. The approximate
location of the recommended noise barriers is shown on Figure 3 of the noise ana lysis
report prepared for the project dated May 2, 2016.
• The noise attenuation wall shall be constructed of concrete masonry units (CMU),
sol id concrete panel s, or earthen berm. The noise barriers may include the
combination of earthen berm and CMU wall or concrete panels. Wood is not
recommended due to eventual warping and degradation of acoustical performance.
Other types of materials should be reviewed by an acoustical consultant prior to use.
• Air conditioning shall be included in all residences to all ow occupants to close doors
and windows as desired for acoustical isolation.
28. NOISE MITGATION MEASURE NOI-2*: Construction Vibration. The construction
contractor shall prohibit the use of vibratory rollers within 30 feet of existing resi dences.
Plate compactors and smaller, rubber-tired equipment shall be utili z ed as feasible. The
Town of Los Gatos Building Division s hall ensure that this requirement is incorporated
into construction documents prior to issuance of grading permits.
29. NOISE MITGATION MEASURE NOI-3*: Co nstruction Specifications to Reduce Noise.
The project applicant and its s uccessors shall ensure that the following practi ces are
incorporated into the construction specification documents to be impleme nted by the
project contractor:
• Provide enclosures and mufflers for stationary equipment, shrouding or shielding for
impact tools, and barriers around particularly noisy operations, such as grading or use
of concrete saws within 50 feet of an occupied sensitive land use.
• Use construction equipment with lower (less than 70 dB) noise emission ratings
whenever poss ible , particularly air compressors and generators.
• Do not use equipment on which sound-contro l devices provided by the manufacturer
have been altered to reduce noi se control.
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• Locate stationary equipment, material stockpiles, and vehicle staging areas as far as
practicable from sensitive receptors .
• Prohibit unnecessary idling of internal combustion engines.
• Implement noise attenuation measures to the extent feasible (i.e., such that they do not
impede efficient operation of equipment or dramatically slow production rates), which
may include, but are not limited to , noi se barriers or noise blankets. The placement of
s uch attenuation meas ures shall be reviewed and approved by the Los Gatos Building
Division prior to iss uance of development permit for construction activities.
30. TRANSPORA TION/TRAFFIC MITGA TION MEASURE TRANS-I*: Traffic Control
Plan. The project applicant shall work with the Engineering Division of the Town of Los
Gatos 's Parks and Public Works Department to devise a traffic control plan for
incorporation into the construction bid documents (specifications) to ensure safe and
efficient traffic flow during periods when soil is hauled off the project site. The plan shall
include, but not be limited to , the following measures:
• Hauling and delivery activities and designated truck routes shall be strategically
se lected, timed and coordinated to minimi ze traffic disruption to schools, residents,
businesses, s pecial events, and other projects in the area. The school s located on the
haul route shall be contacted to help with the coordination of the trucking operation to
minimi ze traffic disruption.
• Flag persons shall be placed at locations as neces sary. All flag persons shall have the
capability of communicating with each other to coordinate the operation.
• 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.
• 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.).
31. TRANSPORA TION/TRAFFIC MITIGATION MEASURE TRANS-2*: Driveway
Design . The applicant shall hire a registered traffic engineer to ensure appropriate
driveway des ign for the new private access drive. A detail ed sight distance evaluation for
the project roadway shall be prepared for review and approval by the Parks and Public
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Works Department and the Community Development Director prior to a pproval of the
Final Subdivision Map.
Building Divis ion
32. PERMITS REQUIRED: A Demolition Permit shall be required for the demolition of the
existing building and a Building Permit the construction of each new s ing le-family
residence. A separate plan set is required for each lot. Separate Building Pe rmits are
required for each lot 's Site Retaining Wa ll s . Separate permits are required fo r e lectrical ,
mechanical , and plumbing work as necessary.
33. C ONDITIONS OF APPROVAL: The Conditions of Approval must be b lu e-lined in full
on the cov er sheet of the co ns truction plans. A Compliance Memorandum s ha ll be
prepared and submitted with the Building Permit application d etailing how the
Conditions of Approval will be addressed.
34. SIZE OF PLANS : Four sets of construction plans, minimum size 24 " x 36", max imum
size 30" x 42".
35. DEMOLIT ION REQU IREMENTS: Obtain a Building D epartment D em oliti on
Application and a Bay Area Air Quality Management District Application from the
Building Department Service Counter. Once the demolition form has been completed , all
s ignatures obtained, and written verification from PG&E that a ll utilities have been
disconnected, return the compl eted form to the Building Departm e nt Service Counter
with the Air Qua lity Di strict 's J# Certificate, PG&E verific atio n, and three (3) sets of site
pl ans showing all existing s tructures, existing utility service lines s uch as water, sewer ,
and PG&E. No demolition work shall be done without first obtaining a permit from the
Town.
36. STREET NAME & BUILDING ADDRESSES: Request the new street n ame or veri fy
approval of proposed street name and s ubmit requests for new building addresses to the
Building Division prior t o s ubmitting for the Building Permit application process.
37. SOILS REPORT: A Soils R eport, prep ared to the satisfaction of the Building Official ,
containing found ation and retaining wall design recommendations, shall be submitted
with the Building P ermit Application. This report shall be prepared by a li cens ed C i vil
E n ginee r specializing in soils mechani cs.
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38. FOUNDATION fNSPECTIONS: 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 elevation 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 comer locations
d. Retaining Walls
39. RESIDENTIAL TOWN ACCESSIBILITY STANDARDS: The residence 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 future grab bars when needed.
b. All passage doors shall be at least 32-inches wide on the accessible floor.
c. Primary entrance shall be a 36-inch wide door including a 5'x5' level landing, no
more than I-inch out of plane with the immediate interior fl oor level with an 18-inch
clearance at interior strike edge.
d. Door buzzer, bell or chime shall be hard wired at primary entrance.
40. TITLE 24 ENERGY COMPLIANCE: All required California Title 24 Energy
Compliance Forms must be blue-lined, i.e. directly printed, onto a plan sheet.
41 . 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.
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42. TOWN FIREPLACE STANDARDS: New wood burning fireplaces shall be an EPA
Phase II approved appliance as per Town Ordinance 1905 or a gas appliance with no
wood burning components. Tree limbs shall be cut within IO-feet of Chimney.
43 . FIRE ZONE: The project requires a Class A Roof assembly.
44. SPECIAL INSP ECTIONS: 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.losgato sca.gov/building
45. BLUE PRINT FOR A CLEAN BAY SHEET: The To wn standard Santa Clara County
Valley Nonpoint Source Pollution Control Program Sheet (24x36) 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.
46. APPROVALS REQUIRED : The project requires the following departments and agencies
approval before issuing a building permit:
a . Community Development -Planning Division : Jennifer Armer (408) 399-5702
b . Engineering/Parks & Public Works Dept.: Mike Weisz (408) 354-5236
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.
f. Bay Area Air Quality Management District: ( 415) 771-6000
TO THE SATISFACTION OF THE DIRECTOR OF PARKS & PUBLIC WORKS:
Enginee ring Division
47 . GENERAL: All public improvements shall be made according to the latest adopted Town
Standard Plans, Standard Specifications, and Engineering Design Standards. All work
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shall conform to the applicable Town ordinances. The adjacent public right-o f-way shall
be kept clear of all job related mud, slit, concrete, dirt, and other construction debri s at the
end of the day. Dirt and de bri s shall not be washed into storm drainage facilities. The
storing of goods and materi als on the s idewalk and/or the street will not be allowed unless
an encroachment permi t is issued . The Deve loper's representati ve in charge shall be at
the j o b site during all working hours . Failure to maintain the public right-of-way
according to this condition may result in the Town performing the required maintenanc e
at the Developer's expense.
4 8. APPROVAL: This application shall be completed in accordance with all the conditions of
approval s li sted below and in substantial compliance with the latest reviewed and
approved development plans. Any changes or modifications to th e approved plans or
conditions of approvals s hall b e approved by the Town E ngineer.
49. PRIVATE IMPROVEMENTS IN THE P UB Ll C RIGHT-OF-WAY (INDEMNITY
AGREEMENT): The property owner shall enter into an agreement with the Town for all
ex istin g a nd propose d private improvements wi th in the Town 's right-of-way. The Owner
sh all be solely responsible fo r mai ntai nin g the improvements in a good a nd safe condition
at all times and shall indemnify the Town of Los Gatos. The agreement must b e
completed and accepted by the Town Attorney, a nd a co py of the recorded agreement
shall be submitted to the En gineering Divi s ion of the Parks and Public W orks
Department, prior to th e iss uance of any permits.
50. PUBLIC WORKS INS PECTIO NS: T he Deve loper or hi s/her representative sh all notify
the Engineeri n g In spector at least twenty-four (24) hours before starting an y work
pertaining to on-site drainage fac iliti es, grad in g or paving, and a ll work in the Town's
right -of-way. Failure to do so w ill result in rejecti o n o f work that went on without
in s pection.
51. RESTORATION OF PUBLIC IMPROVEMENTS: The Developer shall repair or repl ace
a ll existing improvem ents no t d esignated for removal that are damaged or removed
because of the Developer's operations . Improvements such as , but not limited to : curbs,
gutt er s , sidewalk s, driveways, s igns, pavements, raised pavement mark er s , thermoplastic
pavement markings, e tc., shall be r epaired and repl aced to a conditi on equal to or better
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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 so le 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 Developer shall request a walk-through with the
Engineering Construction Inspector before the start of construction to verify existing
conditions.
52. SITE SUPERVISION: The General Contractor shall provide qualified supervision on the
job si te at all times during construction.
53. STREET/SIDEWALK CLOSURE: Any proposed blockage or partial closure of the street
and/or sidewalk requires an encroachment permit. Special provisions suc h as limitations
on works hours, protective enclosures, or other means to facilitate public access in a safe
manner may be required.
54. PLAN CHECK FEES: Plan check fees shall be depo sited with the Town prior to plan
review at the Engineering Division of the Parks and Public Works Dep artment.
55. INSPECTION FEES: Inspection fees shall b e deposited with the Town prior to issuance
of any Permit or recordation of the Parcel I Final Map.
56. PLANS AND STUDIES: All required pl ans and studies shall be prepared by a Registered
Professional Engineer in the State of California , and submitted to th e Town Engineer for
review and approval.
57. 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). The grading permit application (with grading plans) shall be made
to the E ngineering Di vision of the Parks and Public Works Department located at 41
Miles A ve nue. The grading pl an s 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 impervio us areas . Un less
specifically allowed by the Director of Park s and Public Works, the grading permit will
be issued concurrently with the building permit. The grading permit is for work outside
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the building footprint(s). A separate building permit, issued by the Building Department
on E. Main Street, is needed for grading within the building footprint.
58. COMPLIANCE WITH HILLSIDE DEVELOPMENT ST AND ARDS AND
GUIDELINES: All grading activities and operations shall be in compliance with Section
III of the Town 's Hillside Development Standards and Guidelines. All development shall
be in compliance with Section II of the Town 's Hillside Development Standards and
Guidelines.
59. 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 Applicant shall: a) design
provisions for surface drainage; 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.
60 . SOILS REVIEW: Prior to issuance of any permits, the Applicant's engineers shall
prepare and submit a design-level geotechnical/geological investigation for review and
approval by the Town. The Applicant's soils engineer shall review the final grading and
drainage plans to ensure that designs for foundations, retaining walls, site grading, and
site drainage are in accordance with their recommendations and the peer review
comments. Approval of the Applicant's soils engineer shall then be conveyed to the
Town either by letter or by signing the plans.
61. SOILS ENGINEER CONSTRUCTION OBSERVATION: During construction, all
excavations and grading shall be inspected by the Applicant's soils engineer prior to
placement of concrete and/or backfill so they can verify that the actual conditions are as
anticipated in the design-level geotechnical report, and recommend appropriate changes
in the recommendations contained in the report , if necessary. The results of the
construction observation and testing shall be documented in an "as-built" letter/report
prepared by the Applicant's soils engineer and submitted to the Town before final release
of any occupancy permit is granted.
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62. SOIL RECOMMENDATIONS: The project shall incorporate the geotechnical/geological
recommendations contained in the Geotechnical Feasibility by Milstone Geotechnical,
dated June 26, 2014, and any subsequently required report or addendum. Subsequent
reports or addendum are subject to peer review by the Town's consultant and costs shall
be borne by the Applicant.
63. TREE REMOVAL: A tree removal permit is required prior to the issuance of a grading
or building permit, whichever comes first.
64. 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.
65. PRECONSTRUCTION MEETING: Prior to issuance of any permit or the
commencement of any site work, the general contractor shall:
a. Along with the project applicant, 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.
66. RETAINING WALLS: A building permit, issued by the Building Department 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.
67. PARCEL MAP: A parcel map is required. Two (2) copies of the parcel map 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 before any permits for new construction are
issued.
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68. UTILITY COMPANY REVIEW: Letters from West Valley Sanitation District, the
electric, telephone, cable, and trash companies indicating that the proposed improvements
and easements are acceptable shall be provided prior to map recordation.
69. DEDICATIONS: The following shall be dedicated on the parcel map:
a. Elks Place (private street):
1. Private easements for ingress and egress, storm drainage , and sanitary sewer, as
needed.
IL Emergency Access Easement: 20-foot wide minimum, from the Newell
A venue/Elks Place intersection to the terminus of Elks Place.
iii . Public Service Easement (PSE) for joint trench facilities only.
70. DEMOLITION: The existing building shall be demolished prior to recordation of the
parcel map affected by this existing building.
71. SUBDIVISION IMPROVEMENT AGREEMENT: The Applicant shall enter into an
agreement to construct public improvements in accordance with Town Code Section
24.40.020. The Applicant 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 permit. The
Applicant 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.
72 . PUBLIC IMPROVEMENTS: The following improvements shall be installed by the
Developer per Town standards. Plans for those improvements shall be prepared by a
California registered civil engineer, reviewed and approved by the Town, and guaranteed
by contract, Faithful Performance Security and Labor & Materials Security before the
issuance of a building permit or the recordation of a map. The improvements must be
completed and accepted by the Town before a Certificate of Occupancy for any new
building can be issued.
a. Winchester Boulevard: Remove and replace existing sidewalk with a 10-foot
detached sidewalk with park strip, install street trees, and upgrade three curb ramps.
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b. Newell A venue: Install new curb, gutter, 10-foot detached sidewalk with park strip,
and street trees.
c. Winchester/Lark Intersection : Upgrade existing traffic signal to current Town
standards including, and may not be limited to, non-LED signal indication to LED 's,
non-ADA compliant pedestrian pushbuttons to ADA compliant, 8" signal heads to
12", pedestrian signals to solid pedestrian count down signals, and installation of
video detection devices, as applicable.
73. JOINT TRENCH PLANS: Joint trench plans shall be reviewed and approved by the
Town prior to recordation of a map. The joint trench plans shall include street and/or site
lighting and associated photometrics. A letter shall be provided by PG&E stating that
public street light billing will by Rule LS2A , and that private lights shall be metered with
billing to the homeowners association. Pole numbers , assigned by PG&E, shall be clearly
delineated on the plans.
74. UTILITIES: The 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 27.50.01 S(b). All new utility services
shall be placed underground. Underground conduit shall be provid ed for cable television
service. The Applicant 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.
75. WVSD (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 parcel map with respect to the subject property or properties or immediately prior to
the issuance of a sewer connection permit, whichever comes first. Written confirmation
of payment of these fees shall be provided prior to map recordation.
76 . TRENCHING MORATORIUM : Trenching within a newly paved street will be allowed
subject to the following requirements :
a. The Town standard "T" trench detail shall be used.
b . A Town-approved colored controlled density backfill shall be used.
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c. All necessary utility trenches and related pavement cuts shall be consolidated to
minimize the impacted area of the roadway.
d. The total asphalt thickness shall be a minimum of three (3) inches, meet Town
standards, or shall match the existing thickness, whichever is greater. The final lift
shall be 1.5-inches of one-half (Yi ) inch medium asphalt. The initial lift(s) shall be of
three-quarter(~) inch medium asphalt.
e. The Contractor shall schedule a pre-paving meeting with the Town Engineering
Construction Inspector the day the paving is to take place.
f. A slurry seal topping may be required by the construction in spector depending their
assessment of the quality of the trench paving. If required , the slurry seal shall extend
the full width of the street and shall extend five (5) feet beyond the longitudinal limits
of trenching. Slurry seal materials shall be approved by the Town Engineering
Construction Inspector prior to placement. Black sand may be required in the slurry
mix. All existing striping and pavement markings shall be replaced upon completion
of slurry seal operations. All pavement restorations shall be completed and approved
by the Inspector before occupancy.
77. 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.
78. TRAFFIC IMP ACT MITIGATION FEE: The Developer shall pay the project's
proportional share of transportation improvements n e eded to serve cumulative
development within the Town of Los Gatos. The fee amount will be based upon the
Town Council resolution in effect at the time the building permit is issued . The fee shall
be paid before issuance of a building permit. The final traffic impact mitigation fee for
thi s 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.
79. STORMW ATER MANAGEMENT: Construction activities including but not limited to
clearing, stockpiling, grading or excavation ofland, which disturbs one ( 1) acre or more
or which are part of a larger planned development that disturbs les s than one ( l) acre are
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required to obtain coverage under the construction general permit with the State Water
Resources Control Board. The Applicant is required to provide proof of WDID# and
keep a current copy of the storm water pollution prevention plan (SWPPP) on the
construction site and shall be made available to the Town of Los Gatos Engineering
Division of the Parks and Public Works Department and/or Building Department upon
request.
80. STORMW ATER DEVELOPMENT RUNOFF : All new development and redevelopment
projects are subject to the stormwater development runoff requirements. Every Applicant
shall submit a storm water control plan and implement conditions of approval that reduce
stormwater pollutant discharges through the construction, operation and maintenance of
treatment measures and other appropriate source control and site design measures.
Increases in runoff volume and flows shall be managed in accordance with the
development runoff requirements.
81. SITE DESIGN MEASURES : All projects shall incorporate one or more 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 permeable pavement surfaces on the driveway, at a minimum.
e. Use landscaping to treat storm water.
82 . STORM WATER MANAGEMENT PLAN : A storm water management shall be
included with the grading permit application for all projects as defined in the Municipal
Regional Stormwater NPDES Permit. The plan shall delineate source control measures
and BMPs together with the si zing calculations . The plan shall be certified by a
professional pre-qualified by the Town. In the event that the storm water measures
proposed on the Planning approval differ significantly from those certified on the
Building/Grading Permit, the Town may require a modification of the Planning approval
prior to release of the Building Permit. The Applicant may elect to have the Planning
submittal certified to avoid this possibility.
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83. STORM WATER MANAGEMENT PLAN CERTIFICATION: Certification from the
biotreatment soils provider is required and shall be given to Engineering Division
Inspection staff a minimum of thirty (30) days prior to delivery of the material to the job
site. Additionally deliver tags from the soil mix shall also be provided to Engineering
Division Inspection staff. Sample Certification can be found here:
84. http://www.scvurppp-w2k.com/nd _wp.shtml?zoom_highlight=BIOTREATMENT+SOIL
85. AGREEMENT FOR STORMWATER BEST MANAGEMENT PRACTICES
INSPECTION AND MAINTENANCE OBLIGATIONS: The property
owner/homeowner's association shall enter into an agreement with the Town for
maintenance of the stormwater filtration devices required to be installed on this project by
the Town 's Stormwater Discharge Permit and all current amendments or modifications .
The agreement shall specify that certain routine maintenance shall be performed by the
property owner/homeowner's association and shall specify device maintenance reporting
requirements. The agreement shall also specify routine inspection requirements, permits
and payment of fees . The agreement shall be recorded , and a copy of the recorded
agreement shall be submitted to the Engineering Division of the Parks and Public Works
Department, prior to the release of any occupancy permits.
86. CONSTRUCTION STREET PARKING: No vehicle having a manufacture's rated gross
vehicle weight exceeding ten thousand ( 10,000) pounds shall be allowed to park on the
portion of a street which abuts property in a residential zone without prior to approval
from the Town Engineer. No construction or employee parking will be allowed on
Winchester Boulevard and Newell A venue.
87. 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 building permit, the Developer 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 of the project
site. This may include, but is not limited to provisions for the Developer/Owner to place
construction notification signs noting the dates and time of construction and hauling
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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.
88. 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 Applicant/Subdivider shall
provide written notice twenty-four (24) hours in advance of modified construction hours.
Approval of this request is at discretion of the Town.
89. 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.
90 . CONSTRUCTION MANAGEMENT PLAN: Prior to the issuance of any permits, the
Developer shall submit a construction management plan that incorporate at a minimum
the Earth Movement Plan, Traffic Control Plan, site security fencing, employee parking,
construction staging area, materials storage area(s), concrete washout(s), and proposed
outhouse locations.
91. 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 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.
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Streets will 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 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 25 MPH. All
trucks hauling soil, sand, or other loose debris shall be covered.
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. Any storm drain inlets (public or private) directly connected
to public storm system shall be stenciled/signed with appropriate "NO DUMPING -
Flows to Bay" NPDES required language. On-site drainage systems for all projects shall
include one of the alternatives included in section C.3 .i of the Municipal Regional
NPDES Permit. These include storm water reuse via cisterns or rain barrels, directing
runoff from impervious surfaces to vegetated areas and use of permeable surfaces. If dry
wells are to be used they shall be placed a minimum often (10) feet from the adjacent
property line and/or right of way.
94. 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 storing of
goods and/or materials on the sidewalk and/or the street will not be allowed unless an
encroachment permit is issued by the Engineering Division. The adjacent public right-of-
way shall be kept clear of all job related dirt and debris at the end of the day. Dirt and
debris shall not be washed into storm drainage facilities. The storing of goods and
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materials on the sidewalk and/or the street will not be allowed unless an encroachment
permit is issued. The 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 Town performing the required maintenance at the Developer's expense.
TO THE SATISFACTION OF THE SANTA CLARA COUNTY FIRE DEPARTMENT:
95. FIRE APPARATUS (ENGINE) ACCESS ROAD REQUIRED: Provide access roadways
with a paved all weather surface, a minimum unobstructed width of 20 feet , vertical
clearance of 13 feet 6 inches, minimum circulating turning radius of 36 feet outside and
23 feet inside, and a maximum slope of 15%. For installation guide lines refer to Fire
Department Standard Details and Specifications sheet A-1. CFC Sec. 503 as adopted and
amended by LGTC.
96. FIRE DEPARTMENT (ENGINE) ROADWAY TURNAROUND REQUIRED: Pro vide
an approved fire department engine roadway turnaround with a minimum radius of 36
feet outside and 23 feet inside. Installations shall conform with Fire Department Standa rd
Details and Specification sheet A-1. Cul-De-Sac Diameters shall be no less than 72 feet.
CVC Sec. 503 as adopted and amended by LGTC.
97. PUBLIC FIRE HYDRANT(S) REQUIRED: Provide public fire hydrant(s) at location(s)
to be determined jointly by the Fire Department and San Jose Water Company.
Maximum hydrant spacing shall be 500 feet, with a minimum single hydrant flow of
1,500 GPM at 20 psi, residual. Fire hydrants shall be provided along required fire
apparatus access roads and adjacent public streets. CFC Sec. 507, and Appendix BB,
Table BB105. l and Appendix C.
98. FIRE SPRINKLERS REQUIRED: An automatic residential fire sprinkler system shall be
installed in one-and two-family dwellings as follows: In all new one-and two-family
dwellings and 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.
NOTE : The owner(s), occupant(s) and any contractor(s) or subcontractor(s) are
responsible for consulting with the water purveyor of record in order to determine if any
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modification or upgrade of the existing water service is required. NOTE: Covered
porches, patios, balconies, and attic spaces may require fire sprinkler coverage. 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.
99. 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 any appliance capable of causing contamination of
the potable water supp ly of the purveyor ofrecord. Final approval of the system(s) under
consideration will not be granted by this office until compli ance with the requirements of
the water purveyor of record are documented by the purveyor as having been met by the
applicant(s). 2010 CVC Sec. 903.3.5 and Health and Safety Code 13114.7.
I 00. GOUND LADDER ACCESS: Ground-ladder rescue from second and third floor rooms
shall be made possible for fire department operations. With the climbing angle of seventy
five degrees maintained, an approximate walkway width along either side of the building
shall be no less than seven feet clear. Landscaping shall not be allowed to interfere with
the required access. CVC Sec. 503 and 1029 NFPA 1932 Sec. 5.1.8 through 5.1 .9.2.
101. CONSTRUCTION SITE FIRE SAFETY: All construction sites must comply with
applicable provisions of the CFC Chapter 33 and our Standard Detail and Specifications
SI-1. Provide appropriate notations on subsequent plan submittals, as appropriate to the
project. CFC Chp. 33.
I 02. FIRE LANE MARKING REQUIRED: Provide marking for all roadways within the
project. Markings shall be per fire department specifications. Installations shall also
conform to Local Government Standards and Fire Department Standard Details and
Specifications A-1.
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103. TIMING OF INSTALLATION: When fire apparatus access roads or water supply for fire
protection is required to be installed, such protection shall be installed and made
serviceable prior to and during the time of construction except when approved alterative
methods of protection are provide. Temporary street signs shall be installed at each street
intersection when construction of new roadways allows passage by vehicles in accordance
with Section 505.2 CVC Sec. 501.4.
104. 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. 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 buildings cannot be viewed from the public way, a monument, pole or other sign
or means shall be sued to identify the structure. CVC Sec. 505.1.
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SECTION VI
This Ordinance was introduced at a regular meeting of the Town Council of the Town of
Los Gato s on , and adopted by the following vote as an ordinance of the Town of
Lo s Gatos at a meeting of the Town Council of the Town of Los Gato s on , and ----
becomes effective 30 days after it is adopted.
COUNCIL MEMBERS:
AYES:
NAYS :
ABSENT:
ABSTAIN :
ATTEST:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS , CALIFORNIA
CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS
LOS GATOS , C ALIFORNIA
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TOWN OF LOS GATOS
Application No. PD-14-002 A.P.N. #409-24-026
Change of zoning map amending the Town Zoning Ordinance.
~Zone Change From: R-1 :12 To: R-1 :12:PD
D Prezonin
Forwarded by Planning Commission
Approved by Town Council
Clerk Administrator:
Date:
Date:
Mayor:
N
A
Ord:
EXIDBIT A
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