Item 02 - 15343 Santella Ct, Lot 7 - Staff Report & Exhibits 1-4TOWN OF LOS GATOS ITEM NO: 2
PLANNING COMMISSION STAFF REPORT
Meeting Date: August 26, 2015
PREPARED BY:
APPLICATION NO.:
LOCATION:
APPLICANT/
PROPERTY OWNER:
CONTACT PERSON :
Marui F. Moseley, Associate Planner
MMoseley@losgatosca.gov
Architecture and Site Application S-14-072
15343 Santella Court, Lot 7 (South side of Santella Court)
Davidon Homes
Steve Abbs
APPLICATION SUMMARY: Requesting approval to construct a new single family residence
and removal of large protected trees on property zoned HR-
2Y2:PD. APN 527-09-016
RECOMMENDATION :
PROJECT DATA:
CEQA:
FINDINGS:
Approve the application subject to the attached conditions.
General Plan Designation:
Zoning Designation:
Applicable Plans & Standards :
Parcel Size:
Surrounding Area:
Hillside Residential
HR-2Y2 :PD
PD Ordinance 214 7
Hillside Development
Standards & Guidelines
Hillside Specific Plan
66,336 sq. ft .
di~~~--~r£JI~r
North ! Undeveloped ! Hillside Residential I HR-2Y2:PD ···-·-·-·-·-·-····--·-..1·-·--·-·······--··-·-·-·--·-·-·--············----·-·····--·-·-·-······--·----···-·-·-·-·-·--·"--·-·-·----·······-·"'''"''"'--·------··--····---·-·--··---'--···-···-----·-···--·-·-·-·-·······-··-
West ! Undeveloped ! Hillside Residential ! HR-2Y2:PD
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An Environmental Impact Report (EIR) was prepared for the
Planned Development and was certified by the Town Council on
December 19, 2005. No further environmental analysis is
required for the individual lot development.
That the project is consistent with the Hillside Development
Standards & Guidelines .
Planning Commission Staff Report-Page 2
15343 Santella Court-Lot 7 /S-14-072
August 26 , 2015
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That the project is consistent with the Hillside Specific Plan .
That the project is consistent with Planned Development
Ordinance 223 7.
CONSIDERATIONS: As required by Section 29.20.150 of the Town Code for Architecture
and Site applications.
ACTION: The decision of the Planning Commission is final unless appealed
within ten days.
EXHIBITS: 1. Location map
BACKGROUND:
2. PD Ordinance 2237 (28 pages), Exhibits A and B not included
3. Required Findings and Considerations (one page)
4. Conditions of Approval (eight pages)
5. Arborist report: Pre-development plans (22 pages), received
January 16, 2014
6. Arborist report: Post-development plans (27 pages), received
December 10,2014
7. Town Council Resolution 2015-033
8. Verbatim minutes ofMay 19, 2015 Town Council meeting
9. Letter from applicant, received July 29, 2015 (four pages)
10. Draft visibility analysis methodology (six pages)
11. Letter from Dr. Weissman, received August 18 , 2015 (1 0 pages)
12. Revised Development Plans (12 sheets), received July 29 , 2015
The subject property is lot 7 in the Highlands of Los Gatos, a 19-lot Planned Development (PD),
approved by the Town Council in 2005. On March 17 , 2015 the Town Council approved
Ordinance 2237 (Exhibit 2), a request to modify the existing PD to allow the use of color
averaging for non-visible homes within the development. The property is located towards the
end of Santella Court (see Exhibit 1 ).
The application was approved by the Development Review Committee on January 13, 2015.
The application was appealed by Dr. Weissman on January 13, 2015.
On March 11, 2015, the Planning Commission considered the appeal of the Development
Rev iew Committee's decision. The Commission denied the appeal and approved the application
with the findings that the proposed residence complies with the Hillside Development Standards
and Guidelines (HDS&G). The appellant appealed this decision on March 16 ,2015 .
Planning Commission Staff Report-Page 3
15343 Santella Court-Lot 7 /S-14-072
August 26, 2015
The Town Council continued the public hearing for the appeal on May 5, 2015 at the request of
the appellant and considered the appeal on May 19, 2015. The Town Council remanded the
application to the Planning Commission based on new information that at an alternate location
on Los Gatos Boulevard, the proposed residence would be more than 25% visible. The applicant
noted that the house could be lowered slightly to bring the visibility down to below 25%, and the
Council asked that the change be implemented and the revised plans be returned to the Planning
Commission for review. Verbatim minutes of the Town Council meeting are provided in exhibit
7.
PROJECT DESCRIPTION:
A. Location and Surrounding Neighborhood
The project site is located on the south side of Santella Court (Exhibit 1 ). The property is
surrounded by residential uses.
B. Architecture and Site Approval
Architecture and Site approval is required for construction of a new residence.
C. Zoning Compliance
The total proposed floor area for the residence and garage is within the allowable floor area
for the property and the proposed residence complies with setback and height requirements
of the approved PD. A single-family residence is permitted on this lot by the approved PD
Ordinance.
ANALYSIS:
A. Architecture and Site
The proposed residence appears one story from the street and steps down to two stories at
the rear elevation. The proposed 3 ,003-square foot cellar is exempt and is not included in
the floor area total. The house is well articulated with varying roof forms and includes a
mix of materials to provide interest and break up the massing. A color and material board
will be displayed at the meeting.
The Town's Architectural Consultant reviewed the earlier plans and visited the site, and
commented that the house is very well designed with a clear and distinctive architectural
style, authentic details to match the style, high quality materials, and interesting variety and
roof forms. Since the exterior details have not changed from the previous version, the
plans were not sent back to the consulting architect.
Planning Commission Staff Report -Page 4
15343 Santella Court-Lot 7 /S -14-072
August 26, 2015
The architecture, size, and layout of the residence remain the same as the previous
development plans. The project continues to be in compliance with the HDS&G inclusive
of grading and drainage criteria, allowable floor area, and architectural and landscape
design.
B. House Size and Neighborhood Compatibility
Lot Address DateAwro~d Bouse Size Garage Total Floor Current
(sq. ft.) (sq. ft.) Area Status
1 15685 Shady Lane 4/29/2014 4,457 904 5,361 Under Construction
2 15672 Shady Lane 7/3/2012 4,652 737 5,389 Occupied
3 15644 Shady Lane 12/1112013 5,120 1,172 6,292 Under Construction
4 15657 Shady Lane 7/30/2013 4,169 1,120 5,289 Under Cons truction
5 15615 Shady Lane 12/18/20 12 4,658 740 5,398 Under Construction
6 15315 Santella Court 7/3/2012 4,534 817 5,354 Occupied
8 15371 Santella Court Pending 4,578 795 5,373 Pending Approval
9 15365 Santella Court N/A -- -
N/A
10 15358 Santella Court Pending 5,385 859 6,244 Pending Approval
11 15330 Santella Court 118/2013 4,625 746 5,371 Under Con s truction
12 15310 Santella Court 2/13/2013 4,660 1,011 5,671 Under Cons tructio n
13 15415 Santella Drive Pending ---Development Review
14 15574 Shady Lane 7110/2012 4,574 784 5,358 Occupied
15 15588 Shady Lane 12/18/2012 4,508 802 5,400 Under Construction
16 15602 Shady Lane 8/14/2012 4,331 950 5,281 Under Construction
17 15630 Shady Lane 8/20/2013 4,712 686 5,398 Pending Permits
18 15685 Gum Tree Lane 7/3/2012 4,590 807 5,397 Under Construction
19 15675 Gum Tree lane 2/26/2013 4,602 765 5,367 Under Construction
7 15343 Santella Court proposed project 4,687 712 5,399
The proposed residence and garage would be similar in size to other approved homes
within the Highlands development. Lot sizes within the PD range from 1.09 to 4.18 acres.
Approved home sizes are shown above; the proposed living and garage floor area are
within the ranges of those in the neighborhood. The house is proposed to be set down into
the site, and have a low profile from the street. Visibility of the rear of the home is
discus sed in the visibility section below.
Planning Commission StaffReport-Page 5
15343 Santella Court -Lot 7 /S-14-072
August 26 , 2015
C. Visibility
The Town Council remanded the application to the Planning Commission based on new
information that the height reduction, discussed by the applicant, would reduce the
visibility from the most visible location near the Los Gatos Boulevard and Blossom Hill
viewing platform (150 feet south of Blossom Hill Road) to less than the 25% limitation.
However, it should be noted that , the Council did not officially establish this location as an
additional viewing platform for the project. The applicant has lowered the main portion of
the residence 12 inches into the hillside while keeping the garage pad at the original
elevation in order to retain the necessary driveway grades for access to the garages. This
results in 24% visibility from the location 1 50 feet south of Blossom Hill Road (Exhibit 9).
Dr. Weissman, the appellant of the previous version of the application, shared his concerns
with the Town Council regarding a more clear methodology for visibility analysis. This
includes not considering trees or vegetation if they are proposed to be removed entirely or
the portion of trees that will be trimmed for construction of the residence. While staff is in
the process of providing a more detailed methodology for the Commission and Council to
consider and incorporate into an upcoming amendment to the HDS&G, the applicant 's
methodology complies with the current language and would conform to the draft language
being considered (Exhibit 1 0). This revision to the HDS&G is anticipated to be discussed
by the Planning Commission at a September Planning Commission meeting.
D. Green Building
The project was reviewed using the Build It Green standards adopted by Town Council on
June 2 , 2008, and it was determined that certification requirements can be met. A
preliminary checklist completed by the applicant shows that the project will exceed the
minimum number of points (50) needed to achieve certification with a score of 71.
Condition #9 (of Exhibit 4) requires the project to be certified as green prior to issuance of
building permits. The checklist must be completed by a Certified Green Building
Professional at the time of building permit application.
E. Tree Impacts
Prior to preparation of the development plans, the site was reviewed by the Town's
Consulting Arborist (Exhibit 5). Then as part of the previous Development Review
Application, the development plans were reviewed by the Town 's Consulting Arboris t,
Deborah Ellis, and a report was prepared (Exhibit 6). The impacted area of the site (and
adjoining properties) contains 26 trees, 20 coast live oaks, and six blue oaks. Seven trees
were originally proposed to be removed in order to accommodate the proposed residence,
all of which are in fair/good to poor condition, and include three large protected trees (608 ,
609 , and 611). Eight additional trees were also considered to be potentially impacted by
Planning Commission Staff Report -Page 6
15343 Santella Court -Lot 7 /S-14-072
August 26, 2015
the construction. However, the applicant has relocated and modified many of the retaining
walls in order to further reduce the impact to these trees , specifically:
• Tree 605: The arborist calls for limits of grading to be a minimum of four feet and the
applicant has moved the limits of grading and improvements to a minimum of eight
feet from this tree which exceeds the conservative 5XDBH (Five times Diameter at
Breast Height) estimate within the report.
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Tree 606: The arborist calls for limits of grading to be a minimum of five feet and the
applicant has moved the limits of grading and improvements to a minimum of eight
feet which exceeds the conservative 5XDBH estimate within the report.
Tree 607: The arborist calls for limits of grading to be a minimum of five feet and the
applicant has moved the limits of grading and improvements to a minimum of 1 0 feet
which exceeds the conservative 5XDBH estimate within the report.
Tree 626 : The arborist doesn't provide a minimum setback for limits of grading, the
applicant has moved the limits of grading and improvements to a minimum of 12 feet
which exceeds the OTPZ (Optimal Tree Protection Zone) estimate within the report.
Tree 625: The applicant has increased the limits of grading from two feet to between
six and seven feet which meets the minimum 3XDBH estimate within the report.
The applicant is showing retention of tree #622 which was originally proposed to be
removed. However it appears when accurately located on the site plan, the tree remains too
close to the proposed residence and will most likely be removed as originally anticipated
by the consulting arborist. Neither tree 622 or 625, if severely impacted and/or removed,
would impact the visibility as shown in Exhibit 9. It should be noted that tree #625 would
be considered a large protected tree.
Replacement trees are required to be planted to mitigate the loss of the trees that are
removed. A conceptual landscape plan is provided (Sheet L.1 of Exhibit 12) but is only
conceptual in nature and additional planting may be provided and /or required .
F. CEQA Determination
An Environmental Impact Report was prepared for the Planned Development and was
certified by the Town Council on December 19, 2005. No further environmental analysis
is required for the individual lot development.
PUBLIC COMMENTS:
Exhibit 11 contains a letter from Dr. Weissman, received on August 18 ,2015.
Planning Commission Staff Report -Page 7
15343 Santella Court-Lot 7 /S-14-072
August 26, 2015
CONCLUSION AND RECOMMENDATION:
A. Conclusion
The applicant has reduced the height of the residence in compliance with the direction
provided by the Town Council. The residence as modified would continue to be in
compliance with all standards and requirements of the HDS&G.
B. Recommendation
Staff recommends that the Planning Commission take the following actions to approve the
Architecture and Site application:
I. Find that no further environmental analysis is required (Exhibit 3);
2. Find that the project is consistent with PD Ordinance 2237 (Exhibit 3);
3. Find that the project is consistent with the HDS&G and Hillside Specific Plan (Exhibit
3);
4. Find that the project is consistent with the considerations for approval of Architecture
and Site applications; and
5. Approve Architecture and Site application S-14-072 subject to the conditions in Exhibit
4 and the development plans (Exhibit 12).
Alternatively the Commission may take one of the following actions:
1. Modify Conditions of Approval in Exhibit 4 as appropriate and approve the
application as outlined above; or
2. Continue the application to a date certain with direction to staff and the applicant; or
3. Deny the Architecture and Site application.
Prepared by:
Marni F. Moseley, AIC.F
Associate Planner
LRP:MFM:cg
App~~·
Laurel R. Prevetti
Assistant Town Manager/ Director of
Community Development
cc: Steve Abbs, Davidon Homes, 1600 S. Main Street, Suite 150, Walnut Creek, CA 94596
Dave Weissman, 15431 Francis Oaks Way, Los Gatos, CA 95032
N:\DEV\PC REPORTS\2015\Santella 15343-Hi ghl an d s lot7-remand.d oc
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15343 Santella Court-Lot 7
EXHIBIT 1
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ORDINANCE 2237
ORDINANCE OF THE TO\VN OF LOS GATOS
AMENDING THE TOWN CODE EFFECTING A ZONE CHANGE
FROM HR-2Y: TO HR-2Y::PD FOR PROPERTY LOCATED AT THE TERMIN US OF
SHADY LANE (APNs 527-12-001.527-09,.001 & 004)
THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDATN AS
FOLLOWS:
SECTION I
The Town Code of the Town of Los Gatos is hereb y amended to change the zoning on
property at the tenninus of Shady Lane (Santa Clara County Assess or Parcel Numbers
527-12-001 . 52 7-09-00 I & 004) as shown on the map attached hereto as Exhibit A , and is part of
this Ordinance, from HR-2 V2 (Hillside Residential , 2 V2 Acres per Dwelling Unit) to HR-2 Yl :PD
(Hillside Residential , 2 !12 Acres per Dwelling Unit, Planned Development).
SECTION II
The PO (Planned Development Overlay) zone established by this Ordinance authorizes the
following construction and use of improvements:
I. Constn,\ction of 19 new single-family dwelling units.
2 . Landscaping, streets, trails , and other improvements shown and required on the Official
Development Plan .
3. Dedication of 42.87 acres of scenic easements as shown on the Official Development
Plans.
4. Dedication of trail easements to the Town of Los Gatos as shown on the Official
Development Plans.
5. Uses permitted are those specified in the HR (Hillside Residential) zone by S ections
29.40.235 (Pennitted Uses) and 29 .20.185 (Conditional Uses) ofthe Zoning Ordinance, as
those sections exist at the time of the adoption of this Ordinance, or as they may be
amended in the future . However, no use listed in Section 29.2 0.185 is allowed unl ess
specifica lly authorized by Lhi s Ordinance, or by a Condit ional Use Pennit.
EXHIBIT 2
SECTION III
COMPLIANCE WITH OTHER DEVELOPMENT STANDARDS
All provisions of the Town Code apply, except when the Official Development Plan
specifically shows otherwise.
SECTION IV
A recorded subdivision map and Architecture and Site Approval and Subdivision Approval
are required before construction work for the dwelling units is performed. whether or not a permit
is required for the work and before any pennit for construction is issued. Construction permits
shall only be in a manner complying with Section 29.80.130 of the Town Code.
SECTION V
The attached Exhibjt A (Map), and Exhibit B (Official Development Plans), are part of the
Official Development Plan . The following conditions must be complied with before issuance of
any grading, or construction permits:
TO THE SA TISF ACTIO:-.J OF THE DIRECTOR OF COMMUNITY DEVELOPMENT:
Planning Division
l . ARCHITECTURE AND SITE APPROVAL REQUIRED . A separate Architecture and
Site application and approval is required for each of the new single family homes and for
the infrastructure improvements. The Development Review Committee may be the
deciding body of the infrastructure improvements and for Architecture and Site
applications where the proposed home is in compliance with the Hillside Development
Standards & Guidelines. except tor lots 2 and 12 which shall be reviewed by the Planning
Commission due to concerns about visibility.
2. OFFICIAL 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.
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3. SUBDIVISION REQUJRED . A tentative map application shall be approved for the
project prior to the issuance of building pem1its. The Development Review Committee
may be the deciding body of the tentative map.
4. ARCHITECTURAL RESTRICTIONS. The applicant sha1l submit the proposed
architectural restrictions for the project through an Architecture and Site application for
review and approval by the Planning Commission. prior to recordation of the Final Map.
5. ENTRY MONUMENT. The entry monument shall be modified to be consistent with the
Hillside Development Standards & Guidelines as part of the Architecture & Site approval
for the infrastructure improvements.
6. HOUSE SITING. New homes shall be sited within the grading envelopes shown on the
Official Development Plans unless it can be demonstrated that another location is more
appropriate for the lot. The burden of proof is on the applicant to justify any deviation
from the approved grading envelope.
7. BUILDABLE LOT AND LANDSCAPE AREAS. Any improvement or planting within
the buildable lot and landscape areas shown on the Official Development Plans must
comply with the Hillside Development Standards & Guide1ines.
8. FENCING. Fence locations shall be re viewed and approve.d during the Architecture &
Site revicw(s). The developer wiiJ include in the CC&Ws for the project a restriction
limiting the home owners from replacing the fence type approved during the Architecture
& Site review(s). Fencing s hall be restricted to open design, such as wood with wire mesh
and wood o r co n crete split-rail fencing. CC&R ·s shaH prohibit fencing within scenic
easements.
9. CONCEPTUAL LANDSCAPE PLAN. The conceptual landscape plan s hall be rev ised
to be consistent with the scenic easements shown on the conceptual site plan, sheet 2 of
the Official Development Plans.
I 0. SETBACKS. The minimum setbacks are th ose specified by the HR zoning district.
II . HEIGHT. The maximum height for homes shaJJ be 25 feet unless it is determined that a
home will be visible from a Town viewing platform , in which case the height shal l be
restricted to 18 feet.
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1 2 . **AESTHETICS MITIGA Tl01'; MEASURE 4.2-2a. Proposed lots on the westerly and
easterly ridge lines (lots 2. 9 , II , 12, 14, 1 5~ 17 and 19) shall be subject to a view analysis in
accordance with the Town 's llillside Development Standards & Guidelines.
13. **AESTHETICS MlTIGA TION MEASURE 4.2-2b. As part of the Architecture and Site
review, the Town will require home designs to be consistent with the Hillside
Development Standards & Guidelines (HDS&G) for site planning, development intensity,
architectural design site elem ents and landscape design .
14. EXTERIOR LIGHTING . All exterior lighting shall be reviewed and approved as part of
the Architecture and Site review(s) and shall comply with the HDS&G. Lighting shall be
down directed and sha11 not reflect or encroach onto neighboring properties. Flood lights
shall not be installed unless it can be demonstrated that they are clearly needed for safety.
15. COLOR REFLECTIVITY DEED RESTRICTION. Prior to the issuance of a building
permit, a deed restriction shall be recorded by the applicant with the Santa Clara Count y
Recorder's Office that states that all exterior colors f'Or all Jots , wjth the exception oflot 3 or
lots that have any elevation that is more than 25 percent visible from the viewing platforms,
may usc the color averagin g approach detailed in Attachment 5 of the October 7, 2014
Town Council report to comply with the li ght reflectivity value (LRV) requirement of 30
or less, the body of the color shall be no more than the color as proposed by the developer at
the time of application, shaJl blend with the natural color of the vegetation that surrounds
the site. and s hall be maintained in conformance with the Town· s Hillside Development
Standards as may be amended by the Town.
16. BELOW MARKET PRICE (BMP) IN-LlEU FEE. A Below Market Price (BMP) in·lieu
fee shall be paid by the property owner/developer pursuant to Town Code Section
29.10.3025 and any applicable Town Resolutions. TI1e fee amount shall be based upon
the Town Council fcc resoluti on in effect at the time a final or vesting tentative map is
approved.
17. COMMUNITY BENEFIT. The applicant shall enter into an agreement with the Town for
provision of the community benefits being offered Mth the project. The agreeme nt shall
include details on the timing and implementation of each item and shall be approved by the
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Town Attorney and the Director of Community Development prior to issuance of any
building permits for the project.
PROJECT CC&R's. CC&R 's shall be provided with the Tentative Map application and
shall address the following:
a. maintenance oflandscaping in the public right-of-way
b. maintenance of stonn drain system
c . landscape guidelines (shall be compliant with the Hillside Development Standards
& Guidelines, EIR and safe fire protocol).
19. FINAL CC&R 's. F inal CC&R's shall be approved by the Town Attorney prior to the
recording of the Final Map. The CC &R 's shall include provisions for traffic circ ulation ,
vehicle parking enforcement procedures, and landscaping, exterior lighting and fencing
restrictions. The approved CC&R 's shall become conditions of this Ordinance.
20. TREE REMOVAL PERMIT. A Tree Removal Pern1it shall be obtained for the removal
of any ordinance sized tree prior to tlle i ssuance of a Building, Grading or Encroachment
Pennit. The only trees to be removed are those identified in the September 17. 2004
arborist report prepared by Arbor Resources. If it becomes necessary to remove any
additional trees, a separate Tree Removal Permit shall be submitted for review by the
Town . Review by the Town's Consulting Arborist may be required at the discretion of the
Director of Community Development.
21. **BIOLOGICAL RESOURCES MITIGATION MEASURE 4.3-la. Focused surveys
shall be conducted for the three special status plant species having the potential to occur in
the oak woodland habitat. If mitigation plantings occur in grassland or chaparral, surveys
for three special status plant species having the potential to occur in these habitats shall also
be done.
22. **BIOLOGICAL RESOU RCES MITIGATION MEASURE 4 .3-Ib. If any special status
species would be affected by the project. a Special Status Plant Species Mitigation and
Monitoring Plan should be required to either avoid. minimize or compensate for the
impact.
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23. **B10LOGICAL RESOURCES MITIGATION MEASURE 4.3-3a. Prior to recordation
of the Final Map a fonnal wetland delineation shall be completed and submitted to the
USACE for verification. If the USACE, CDFG and /or RWQCB claim jurisdiction over
the seasonal wetlands and seasonal drainages on the site, the project applicant shall submit
appropriate pennit applications to those agencies claiming jurisdiction prior to project
construction and comply with the tenns of the pcnnits.
24. **BIOLOGICAL RESOURCES MITIGATION MEASURE 4.3-3b. The section of the
proposed Shady Lane Extension located west of the site boundary (where the seasonal
drainage channel extends along the north side) shall be widened to the south to the extent
feasible to avoid impacts on the riparian corridor and avoid identified tree removal along
this corridor.
25. **BIOLOGICAL RESOURCES MITIGATION MEASURE 4.3 -4. Due to the temporal
loss associated with proposed tree removal, replacement trees shaJJ be planted at a 3: I
replacement/loss ratio. Based on a maximum potential removal of approximately 122 to
142 trees, mitigation planting of 366 to 426 oak trees in specified areas will be required.
A Tree Protection and Preservation Plan shall be developed by the applicant and individual
lot owners to ensure survival of trees to be retained and appropriate compensation for
impacts on mixed oak woodlands.
26 . **BIOLOGICAL RESOURCES MITIGATION MEASURE 4.3-5. The applicant and
future lot owners shall replace trees removed in accordance with the Los Gatos Tree
Protection Ordinance 2114 which is as follows:
a . Two replacement trees (24-inch box si~) for each impacted n·ce assigned a high
suitability rating.
b. One replacement tree (24-inch box size) for each impacted tree assigned a modt:rate
suitability rating.
A total of approximately 105 replacement trees shall be required for road, Jot , and
d1iveway development.
27 . **BIOLOGICAL RESOURCES MITIGATION MEASURE 4.3-8. A protocol-level.
pre-construction survey for nesting raptors shall be conducted by a qualified ornithologist.
The preconstruction surveys shall be conducted no more than I 4 days prior to the initiation
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of demolition and/or construction activities during th e early part of the breeding season and
no more than 30 days prior to the initiation of th ese activities during the late part of th e
breeding season. During this survey. the ornithologist will inspect all trees and electrical
towers in and immediately adjacent to the impact areas forraptor nests. I fan active raptor
nest i s found close enough to the construction/demolition area to be disturbed by these
activities, the ornithologist, in consultation with the DFG, will detennine the extent of a
c o nstructi o n-free buffer zone (typically 7 5 meters [250 feet]) to be established around the
nest to remain until the young h ave fledged .
28. **HAZARDS AND HAZARDOUS MATERIALS MITIGATION MEASURE 4.5-2b.
Prior to recordation of the Final Map a wildlife management plan shall be prepared to
provide guidelines for establishment of defensi ble space and fuel breaks, use of appropriate
building materials, selection of appropriate landscape species, and implementation of
appropriate vegetation management practices to minimize fuel loads .
BuiLding Division
29. *GEOLOGY AND SOILS MITIGATION MEASU R E 4.4-1 a. Project plans s hall
demonstrate compliance with l 997 Unifonn Building C ode requirements for structural and
seismic loads and recommendations made by Terrasearch.
30. **AIR QU ALITY MITIGAT10N MEASURE 4 .9-1. The project shall comply with
BAAQMD basi c, enhanced, and applicable optional control measures to minimi ze
s hort-tem1 emissions.
3 1. **NOISE MITIGATION MEASUR E 4 .9-l. Truck noise shall be minimized by limiting
truck operations to th e less n o ise -sensitive daytime working hours, as well as limiting
travel speed s and avoiding compression braking as trucks travel d ownhill along Shady
Lane.
32 . **PU BLIC SERVICES AND UTILITIES MITIGATION MEASURE 4.11-1. Affected
school districts will charge the project applicant impact fees b ased on the si ze of new
homes (per square foot basis) and by supplemental parcel taxes on the new residential
p arcels.
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33. PERMITS REQUIRED. A building penn it shall be required for the construction of site
retaining walls and the proposed water tank pad.
34. CONDITIONS OF APPROVAL. The Conditions of Approval must be blue-lined in full
on the cover sheet of the construction plans.
35. SIZE OF PLANS . The maximum size of construction plans submitted for building
pennits shall be 24 inches by 36 inches.
36. STREET NA MES AND HOUSE NUMBERS. Submit requests for new street names
and/or h ouse numbers from the Office of the Town clerk prior to the building permit
application process.
37. SOILS REPORT. A soils report, prepared to the satisfaction of the Building Official,
containing retaining wall and pad foundation design recommendations, shall be submitted
with the building pennit application. Thjs report shaiJ be prepared by a licensed civil
engineer specializing in soils mechanics. ALTERNATE: Design the foundation for an
allowable soils l ,000 psf design pressure (Uniform Building Code Volume 2 -Section
1805).
38. 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 , the on-site retaining waU locations and elevations are
prepared according to approved plans. Hori zontal and vertical controls shall be set and
certified by a licensed surveyor or registered civil enginct!r for the following items:
a. On-site retaining wall location
b . Finish floor elevation
c. Foundation comer locations
39 . RESIDENTIAL TOWN ACCESSIBILITY STANDARDS. The residences shall be
designed with adaptability features for sing1e ~family residences per Town Resolution
1994-61.
a. Wooden backing (no smaller than 2-inches by eight-inches) shall be provided in all
bathroom walls at water closets, showers and bathtub, located at 34~inches from the
floor to the center of the backing, suitable for .installation of grab bars.
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b. All passage doors shall have a 36-inch wide door including a five foot by five toot
level landing no more than one-inch out of plane with the immediate interior floor
leveL with an 18-inch clearance at interior strike edge.
c. Door buzzer. bell or chime shall be hard wired.
40. SPECIAL INSPECTIONS: When a special inspe-ction is required by UBC Section 170 I ,
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 pe1mit.
The Town Special In spection form must be completely filled-out , signed b y all requested
parties and be blue-lined o n the construction plans. Special Inspection forms are available
from the Building Division Service Couhter.
41. SOLAR HOT WATER HEATING. The residences shall be pre-plumbed for so lar hot
water heating. The plans shall show the location of a stub and valve located in the attics
for solar heating use.
42. TITLE 24 ENERGY COMPLIANCE. California Title 24 Energy Compliance form s CR-
IR and MF-lR shall be printed on the construction plans.
43. HAZARDOUS FIRE ZONE. This project requires Class A roofing assembly.
44. TOWN FIREPLACE STANDARDS. New fireplaces shall be EPA Phase II approved
appliances per Town Ordinance 1905. Tree limbs within J 0 feet of chimneys sh all b e cut.
45. PLANS. The construction plans shall be prepared under the direct s upervision of a licensed
architect or engineer. (Business and Professional s Code Section 5538).
46. NON-POINT SOURCE POLLUTION STANDARDS. The Town standard Santa C lara
Valley Non-point Source Pollution Control Program specification sheet s hall be part of
plan submittal. The specification shee t is available at the Building Divisi on service
counter.
47. APPROVALS REQUIRED. The project requires the fo1lowing agencies approval before
issuing a building permit:
a. C ommunity Deve lopment: Joel Paulson (408) 354-6875
b.
c.
d.
Engineering Department: Fletcher Parson s (408) 395-3460
Parks & Public Works Department: (408) 399-5777
Santa C lar a County Fire Department: ( 408) 3 78-401 0
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No1e: Obtain the school district forms ]rom the Town Building Department, afier the
Building Department has approved the building plans.
TO THE SATISFACTION OF THE DIRECTOR OF PARKS & PUBLIC WORKS:
Engineering Division
48. **AESTHETICS MITlGA TJON MEASURE 4.2-3 (STREET LIGHTING). Lighting
shall be kept to a minimum and shall be installed only at intersections, dangerous curves,
end of cui-de-sacs and multi-use park1ng areas if needed for safety as detcnnined by the
Town Engineer. Developer shall submit detailed plans of proposed street lighting,
including photometries, for lighting to be installed prior to approval of Final Map.
49. **GEOLOGY AND SOILS MITIGATION MEASURE 4.4-lb. A screening level slope
stability analysis shall be completed tor Cross-section H-H.
50. **GEOLOGY AND SOILS MITIGATION MEASURE 4.4-3a. The applicant shall
repair the debris flows/landslides located on Lots 1 and 10.
51. **GEOLOGY AND SOILS MITIGATION MEASURE 4.4-3b. Prior to development of
each home site, a lot-specific geologic and geotechnical investigation shall be conducted to
identify and address potential geotechnical hazards. Each individual report shall he peer
reviewed by the Town's Geotechncial Consultant.
52. **GEOLOGY AND SOILS MITiGATION MEASURE 4.4-3c. To the extent feasible,
proposed development should avoid slopes over 30% unless designed in accordance with
the Town's Hillside Standards and Guidelines.
53. **GEOLOGY AND SOILS MITIGATION MEASURE 4.4-3d. Grading associated with
development of homes and driveways shall be minimized.
54. **GEOLOGY AND SOILS MITIGAT101\ MEASCRE 4.4-3e. All utilities located on
slopes over 30% shall be directional drilled.
55. **HYDROLOGY AND WATER QUALlTY MITIGATlON MEASURE 4.6-l. To
mitigate the project's impact on downstream flood hazards, the pwposed detention basin
shall be adequately sized to accommodate surface runoff generated on project streets and
lots during the 100-year design storm, prior to recordation of the Final Map. Specifical1y,
the final system shall be designed to satisfy both the HMP (continuous modeling) and
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57.
I 00-year storm criteria, that it shall provide two feet of freeboard for the I 0-year storm and
zero feet for the 1 00-ycar, and that the road shall be designed to act as a spillway in the
event of "overflooding" from an event larger than the 1 00-year.
**OPEN SPACE AND REC REATION MITIGATION MEASURE 4.12 -Ia. New trails
shall meet Town requirements regarding ownership. maintenance, materials, alignments,
width, grade, parking, and signage.
**OPEN SPACE AND RECREATION MITIGATION MEASURE 4.12-3a.. If a tennis
court and/or par course is to be installe-d , the T own will require a detailed soils
investigation ; grading, drainage, and utilities extension to be shown on plans; proof of
maintenance and construction access rights from Francis Oaks Way; and preparation of a
traffic control plan for Francis Oaks Way.
58 . **OPEN SPACE AND RECREATION MITIGATION MEASURE 4 .12-3b. Project
CC&R's shall prohibit project residents from using Francis Oaks Way for access or parking
while using the par course, if installed.
59. CERTIFICATE OF LOT LINE ADJUSTMENT. A Certificate of Lot Line Adjustment
shall be recorded for the off-site parcels as shown on the Official Development Plan s.
two copies of the legal description for each new lot configuration, a plat map (8-Yl in. X
II in.) and two copies of the legal description of the land to be exchanged shall be
submitted to the Engineering Divi si on of the Parks & Public Works Department tor
review and approval. The submittal shall include closure calculations. title reports Jes s
than 90 days old and the appropriatt: fee. The certificate shall be recorded before an y
pennits may be issued.
60. GRADING PERMIT. A grading pennit is required for site grading and drainage. The
grading permit application (with grading plans) shall be made to the Engineering
Division of the Parks & Public Works Department located at 41 Miles Avenue. T he
grading plans shall include tina) grading, drainage, retaining wall location, driveway,
utilities and interim erosion control. Grading plans shall Jist earthwork quantities and a
table of existing and proposed impervious areas. Unless specifically allowed by the
Director of Parks and Public Works, the grading pennit will b e issued concunently wi th
the building pennit. The grading permit i s for wo rk outside the building footprint(s ). A
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separate building permit, iss4ed by the Building Department on E. Main Street is needed
for &rrading within the building footprint.
61. SOILS REPORT. One copy of the soils and geologic report shall be submitted with the
grading permit application . The soils report shall include specific criteria and standards
goveming site grading, drainage, pavement design, retaining wall design, and erosion
control. The report shall be signed and "wet stamped'' by the engineer or geologist, in
conformance with Section 6735 of the California Business anQ. Professions Code.
62. SOILS R E VIEW. Prior to issuance of any permit, the applicant 's soils engineer shall
review the final grading and drainage plans to ensure that designs for foundation s,
retaining walls . site grading, and site drainage are in accordance with their
recommendations and the peer review comments. The applicant's soils engineer's
approval shall then be conveyed to the Town either by letter or by signing the plans.
63 . SOILS ENGINEER CONSTRUCTION OBSERVATION . During construction, all
excavations and grading shaH 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 repon, if necessary. The results ofthe construction
observation and testing should 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
pennit is granted.
64. DEVELOPMENT AGREEMENT. The Applicant shall enter an agreement to construct
public improvements in accordance with Town Code §24.40.020.
65. FINAL MAP. A final map sha11 be recorded. Two copies of the final map shall be
submitted to the Engineering Division of the Parks & Public Works Department for review
and approval. The submittal shall include closure calculations, title report and appropriate
fees. The map shall be recorded prior to issuance of any building permits for the project.
66. DEDICATIONS. The following shall he dedicated prior to issuance of any permits:
a. Shady Lane extension (west o f project site boundary): 40 foot street right-of-way
with a 1 0 foot wide Public Service Easement (PSE) on each side.
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b. New interior streets. A 40-foot street right-o f -way with th e chord of a 20-foot
radius at all intersections and a standard 42-foot radius cul-de-sac.
c. Public Service Easement (PSE). Ten ( 1 0) feet wide. next to the new street
rights-of-way.
d. Ingress-egress. storm drainage and sanitary sewer easements, as required .
e. Trail Easement. Ten (1 0) feet wide, as shown on the Official Development Plan .
f. Trail easement. Over the area between the overlook and Blossom Hil1 Road for
installation of a trail should the Town decide to implement this trail connection.
67. PUBL1C IMPROVEMENTS. The following improvements shall be installed by the
developer. Plans for those improvements shall be prepared by a California registered civil
engineer, reviewed and approved by the Town, and guaranteed by contract, Faithful
Performance Security and .Labor & Materials Security before the issuance of 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. New Streets. Curb, gutter, new street paving, signing, striping, lighting, storm
drainage and sanitary sewers, as required. Curbs shall be rolled concrete to the
satisfaction of the Director of Parks and Public Works .
b. Shady Lane. Curb as required in the vicinity of Drysdale Dri ve to reduce
overbank erosion in the roadside ditch.
68 . PUBLIC IMPROVEMENT SECURITY. The applicant shaH supply suitable securities for
all public improvements that are a part of the deve lopment in a form acceptable to the
Town in the amount of I 00% (performance) and 100% (labor and material) prior to
issuance of any permit. Applicant shall provide two (2) copies of documents verifying the
cost of the public improvements to the satisfaction of the Engineering Division ofthe Parks
and Public Works Department.
69. INSURANCE. One million dollars ($1 ,000,000) o f liability insurance holding the Town
hannless shall be provided in a format acceptable to the Town Attorney before recordation
of the map.
70. CONSTRUCTrON MANAGEMENT P LA N . The Applicant shall submit a con structio n
management pl an that shall in corpor ate at a minimum the Earth Movement Plan. Traffic
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Control Plan, Project Schedule, site security fencing, employee parking, construction
staging area, construction trailer, and proposed outhouse locations.
71. CONSTRUCTION STREET PARKING. No vehicle having a manufacturer's rated gross
vehicle weight exceeding ten thousand ( l 0,000) pounds shall be allowed to park on the
portion of a street which abuts property in a residential zone without prior approval from
the Town Engineer(§ 15.40.070).
72. 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 an project sub-contractors have read and
understand them prior to commt.-n.cing work and that a copy of the project
conditions of approval will be posted on site at all times during construction.
73 . PRECONSTRUCTION PAVEMENT SURVEY . Prior to issuance of a grading pennit,
the project applicant shall complete a pavement condition survey docwnenting the extent
of existing pavement defects using a 35-mm or digital video camera. The survey shall be
conducted across the full extent of Francis Oaks Way, Drysdale Drive, Gum Tree Lane and
Shady Lane. The results shall be documented .in a report and submitted to the Town for
review.
74. POST-CONSTRUCTION PAVEMENT SURVEY .. The project Applicant wjJl complete
a pavement condition survey and pavement deflection analysis to detennine whether road
damage occurred as a result of project construction and whether there were changes in
pavement strength. Rehabilitation improvements required to restore the pavement to
pre-construction condition and strength shall be detennined using State of Califomia
procedures for deflection analysis . The results shall be documented in a report and
s ubmitted to the Town for review and approval. The Applicant shall be responsible for
completing any required road repairs prior to release of the faithful performance bond.
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75. TRAFFIC IMPACT MITIGATION FEE (RESIDENTIAL). The developer shall pay a
proportional the project's share of transportation improvements needed to serve cumulative
development within the Town of Los Gatos. The fee amount wiJJ be based upon the Town
Council resolution in effect at the ti m e th e request of Certificate of Occupancy is made.
The fee shall b e paid before issuance of the Certificate of Occupancy. The traffic impact
miti gation tee for each new house in this project using the current fee schedule is $5,742 .
The final tee shall be calculated from the final plans using the rate schedule in effect at the
time of the request for bui ld ing perm it.
76. **TRANSPORTATION AND TRAFFIC MlTIGATION MEASURE 4.7-1. Constructi o n
77.
truck traffic shall b e minimized on Drysdale Drive and Gum Tree Lane. Prior to issuance
of any permits the applicant shall work with the Town to develop a traffic control plan that
reduces traffic safety hazards.
**TRANSPORTATION AN D TRAFFIC MITIGATION MEASURE 4.7-3. Access
roads are recommended to be widened to 22 feet of pav ed width. where practical. C urve
warning signs, dcJineators, and advisory speeds, should be installed to enhance the traffic
safety. A guard rail shall be installed along the north side of Gum Tree Lane (just west of
the project's western boundary) where the road extends directly above existing homes to
the north. Repaving of the access roads should also be considered. At the intersection of
Shady Lane, two driveways and the project entrance, a s top sign should be installed for
traffic exiting the project if the angle and elevation constraints cannot be improved.
78 . **TRANSPORTATION AND TRAFFIC MITIGATION MEASURE 4 .7-5 . The Town
may require provision of parking bays along project roadways (wherever topography
allows). Parking bay analysis shall be done as part of the Architecture & Site review for
tJ1e infrastructure improvements.
79. **TRANSPORTATION AND TRAFFIC MITIGATION MEASURE 4.7-6. During
Architecture and Site r eview for each proposed lo t , proposed driveways s h all be reviewed
for adequate s ight distance at the dri veway intersections. On Jots with lo ng driveways,
driveways should b e designed to allow vehicles to turnaround near the garage so that
drivers co uld exi t long driveways going forward .
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80. GENERAL. All public improvements shall be made according to the latest adopted Town
Standard Drawings and the Town Standard Specifications or as otherwise approved by the
Director of Parks and Public Works. All work shall confonn to the applicable Town
ordinances. 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 stonn drainage
facilities . The storing of goods and materials on the sidewalk and/or the street will not be
allowed unless a special 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 perfonning the required maintenance at
the developer's expense.
81. ENCROACHMENT PERMIT. All work in the public right-of-way will requtre a
Construction Encroachment Pennit. All work over $5,000 will require construction
security.
82. PUBLIC WORKS INSPECTIONS. The devcloper or his representative shall notify the
Engineering Inspector at least twenty-four (24) hours before starting any work pertaining
to on-s ite drainage facilities, grading or paving, and all work in the Town's right-of-way.
Failure to do so will result in rejection of work that went on without inspection.
83 . GRADING. No grading or earth-disturbing activities shall be initiated in hillside areas
between October 1 and April15 of each year unless approved by the Town Engineer.
84. RETAINING WALLS. A building penn it, 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 dtuing the grading pennit plan
review process.
85. SURVEYING CONTROLS. Horizontal and vertical controls shall be set and certified by
a licensed surveyor or registered civil engineer qualific::d 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.
c . Top of future curb along one side of the new street.
86 . EROSION CONTROL. Interim and final erosion control plans shall be prepared and
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submitted to the Engineering Division of the Parks & Public Works Department. A
~otice of Intent (NOI) and Storm Water Pollution Prevention Plan (SWPPP) shall be
s ubmitted to the San Franci sco Bay Regional Water Quality Control Board for projects
disturbing more than one acre. A maximum oftwo weeks is a ll owed between clearing of
an area and stabi lizing/build ing on an area if grading is allowed during the rainy season.
Interim erosion control m easures, to be carried out durin g construction and before
installation of th e fin al landscaping shall be inclu ded. Interim erosion control method
shall include, but are not limi ted to: si lt fences , fiber rolls (with locations and details),
erosion control blankets, Town standard seeding speci fi cation, filter benns, check dams,
retention bas in s, etc. Provide erosion control me as ures as needed t o protect downstream
water quality during winter months. The gradi ng, drainage, erosion control plans and
SWPPP s hall be in compliance with applicable measures contained in th e amended
provisions C.3 and C.14 of Order 0 l -024 of the amended Santa Cl ara County NPD ES
Permit.
87. DUST CONTROL Blowing dust sh all be reduced by t iming construction activities so
that paving and building construction begin as soon as possible after comple ti on of
grading, and by landscaping disturbed so il s as soon as possible. Further, water trucks
shall be present and in use at the constru ction site. All portions of the site subject to
blowing dust s hall be watered as often as deemed necessary by the Town , o r a minimum
of three times daily. or app ly (non-toxic) soi l stabili zers on all unp aved access roads,
parking areas. and staging areas at construction sites in ord er to insure proper control of
blowing dust for the duratio n of the project. Watering o n public streets shall not occur.
Streets will be cleaned by street sweepers or b y hand as often as deemed necessary by th e
Town Engineer, or at l east once a day. Watering associated with on-site con s truction
acti vi t y shall take place between th e hours of 8 a.m. and 5 p.m. and shall include at least
on e late-afternoon watering to minimize the effects of bl owing dust. All public streets
soiled or littered due to this construction acti vity shall be cleaned and swept on a daily
basis during the workweek to th e satisfaction of the Town. Dem o lition or earthwork
acti vities shall be halted w he n wind speeds (instantaneous g usts) exceed 25 MPH . All
trucks hauling soi l, sand , or other loose debris shall b e covered .
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88 . DUST CONTROL (SITES > 4 ACRES). The following measures should be implemented
at construction s ites greater than four acres in ar.ea :
a . Hydroseed or apply (non-toxic) soil stabilizers to inactive construction areas
{previously graded areas inactive for ten days or more).
b. Enclose, cover, water twice daily or apply (non-toxic) soil binders to exposed
stockpiles (dirt, sand, etc.)
c . Limit traffic speeds on unpaved roads to 15 mph.
d. Install sandbags or other erosion control measures to prevent silt runoff to public
roadways.
e . Replant vegetation in disturbed areas as quickly as possible.
89. SILT AND MUD IN PUBLIC RIGHT-Of-WAY. It is the responsibility of contractor
and home owner 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 To'A-n 's storm drains or creeks.
90. UTILITIES . The developer shall install all utility services, including telephone, electric
power and all other communications lines underground, as required by Town Code
§27.50.015(b). Cable tel.evision capability shall be provided to all new lots.
91. UTILITY COMPANY REVIEW. Letters from the electric, telephone, cable, and trash
companies indicating that the proposed improvements and easements are acceptable shall
be provided prior to recordation of the final map.
92. ABOVE GROUND UTILITIES. The applicant shall submit a 75-percent progress
printing to the Town for review of above ground utilities including backflow prevention
devices, fire department connections, gas and water meters, oft:street valve boxes,
hydrants. site lighting, electrical/communication/cable boxes. transformers, and mail
boxes. Above ground utilities shall be reviewed and approved by Community
Development prior to issuance of any penn it.
93. WATER SYSTEM DESIGN. Water plans prepared by SJWC must be reviewed and
approved prior to issuance o f any permit.
94. DESIGN CHANGES. The Applicant's registered Engineer shall notify the Town
Engineer. in writing, at least 72 hours in advance of all ditferences between the proposed
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(' work and the design indicated on the plans. Any prop osed changes shall be s ubject to
the approval of the Town before altered work is started. Any approved c hanges shall be
incorporated into the final "as-built" drawings.
95. JOINT TRENCH PLANS. Joint trench plans shall be reviewed and approved by the
Town prior to issuance of any permit.
96. RESTORATION OF PUBLIC IMPROVEMENTS . The d eveloper shall repair or replace
all existing improvements not designated for removal that are damaged or removed
because of developer's operations. Improvements s uch as, but not limited to: curbs.
gutters, sidewalks, driveways, si gns, pavements, raised pavement markers, thermoplastic
pavement markings, etc. shall be repaired and replaced to a condition equal to or better than
the original condition. Existing improvement to be repaired or replaced shall b e at the
direction of the
Engineering Construction Inspector. and shall comply with all Title 24 Disabled Access
provisions. Developer shall request a walk-through with the Engineering Construction
Inspector before the start of construction to verify existing conditions.
97. DRIVEWAY APPROACH . The developer shall install a minimum of one (I) Town
standard residential driveway approach for each lot. The new driveway approaches shall
be constructed per Town Standard Detail.
98. AS-BUILT PLANS. After completion of the construction of all work, the original plan s
shall have all changes (change orders and field changes) clearly marked . The "as-built"
plans s hall again be signed and "wet-stamped" b y the civil engineer who prepared the
plans. attesting to the changes. The original "as-built" plans shall be review and
approved the Engineering Inspector. A Mylar and AutoCAD di sk of the approved
"as-built" plans shall be prov ided to the Town before the Faithful Performance Security
or Occupancy Pennit is released. The AutoCAD file shall include only the following
info1mation and shall conform to the layer naming convention: a) Building Outline,
Layer: BLDG-OUTLINE; b) Driveway, Layer: DRIVEWAY ~ c) Retaining Wal1 , Layer:
RETAINING WALL; d) Swimming Pool , Layer: SWIMMING-POOL: e) Tenni s Court,
Layer: TEJ\TNIS-COURT; f) Propetty Line, Layer: PROPERTY-LINE; g) Contours,
Layer: N EWCONTOUR. All as-built digital files must be on the same coordinate basis as
Page 19 of28
the Town 's survey control network and shall be submitted in AutoCAD version 2000 or
higher.
99. SANITARY SEWER LATERAL. Sanitary sewer lateral s are televised by West Valley
Sanitation District and approved by the Town of Los Gatos before they are used or reused.
Install a sanitary sewer lateral clean-out at the property line of each new lot.
I 00. SANITARY SEWER BACKWATER VALVE. Drainage piping serving fixtures which
have flood level rims le ss than twelve ( 1 2) inches (304.8 mm) above the elevation of the
next upstream manhole and/or flushi ng inlet cover at the public or private sewer system
servi ng s uch drainage piping shall be protected from backtlow 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 Administrative (Sec. 6.50.025).
The Town shaH 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 section 103 (e) of the Unifonn Plumbing Code adopted by section
6.50.010 ofthe Town Code and maintain such device in a functional operating condition.
Evidence of West Valley Sanitation District 's decision on whether a backwater device is
needed shall be provided prior to issuance of a building permit.
101. CU RB AND GUTTER. The developer shall repai r and replace to existing Town
standards any curb and gutter damaged now or during construction of this project. New
curb and gutter shall be constructed per Town Standard Detail. The limits of curb and
gutter repair will be determined by the Engineering Construction Inspector during the
construction phase of the project.
102. SITE DRAINAGE. Rainwater leaders shall be discharged to splash blocks. No through
curb drains wiJl be allowed.
103. NPDES. On-site drainage systems shall include a filtration device such as a bio~swale
or permeable pavement.
I 04. STORM WATER MANAGEMENT PLAN. A storm water management plan shall be
included with the grading pem1it application for all Group 1 and Group 2 projects as
defined in the amended provisions C.3 of Order 01-024 of the amended Santa Clara
County NPDES Pennit. The plan shall delineate source control measures and BMP"s
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together with the sizing calculations. The plan shall be certified by a professional
pre-qualified by the Town. In the event that storm water measures proposed on the
Planning approval differ signi ficantl y 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 e lect to have the Planning submittal certified to
avoid this possibility.
105. FENCING. Any fencing proposed within 200-feet of an intersection shall comply with
Town Code Section §23 .1 0.080.
106 . CONSTRUCTION NOISE. Between the hours of8:00 a.m. to 8:00p.m., weekdays and
9:00 a.m. to 7:00p.m. weekends and holidays, construction, alteration or repair activities
shall be allowed . No individual piece of equipment s hall produce a noise level
exceeding eighty-five (85) dB A at twenty-five (25) feet. 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 prope11y p lane shall not exceed eighty-five (85) dBA.
107. GOOD HOUSEKEEPING. Good housekeeping practices sha11 be observed at all times
during the course of construction. Superintendence of construction shall be diligently
performed by a person or persons authorized to do so at all times during working hours.
The stori ng of goods and/or materials on the sidewalk and/or the street will not be
allowed unless a special permit is issued by the Engineering Division .
I 08. HAULING OF SOIL. Hauling of soiJ on or off-site sha11 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 .). Prior to the issuance of a building pennit, the developer shall work with the
Town Building and E ngineering Department Engineering Inspectors to devise a traffic
control plan to ensure safe a nd efficient traffic flow under periods when soil is hauled on
or oft· the project site. This may inc1ude. but is not limited to provisions for the
developer/owner to place construction notification signs noting the dates and time of
construction and hauling activities , or providing additional traffic control. Cover a ll
trucks haulin g soil, sand, and other loose debris or require all trucks to mai ntain at least
two feet of freeboard.
P age 2 1 of28
I 09 . EXISTING WATER WELLS. Prior to issuance of any pennit, all existing wells affected
by this project shall be identified and properly registered with the District, and either be
maintained or destroyed in accordance with District standards. Destruction of any well and
the construction of any new wells proposed, including monitoring \Veils , require a pennit
from the District prior to construction. Property owners or their representative should
contact the District Wells and Water Production Unit at (408) 265-2607, extension 2660,
for more information.
I I 0. OFFSITE EASEMENTS. Fonnal easements and/or agreements shall be recorded
concurrently with the Final Map documenting the fol1owing:
a. Emergency Access rights to Shannon Road via private driveways.
b . Emergency Access rights to Blossom Hill Road via Francis Oaks Way if an
emergency access road is approved.
c . Pub! ic Access rights through 15777 and 15769 Shady Lane for a off-street trail.
Additional rights through 15980 Short Road and I 04 Angel Cowi are also required
if not already in-place.
d. Waterline easement rights as required including, but not limited to, Francis Oaks
Way and the Ganal, Greiner, and Moffat properties.
Ill. SHADY LANF. TRAIL An off-site trail shall be provided between existing trail facilities
near the intersection of Shady Lane & Short Road and the project site. The specific trail
alignment shall be detennined during Architecture and Site review of the infrastructure and
shall be reflected on the Tentative Map.
112 . O~SITE TRAILS. On-site trails shall be provided generally as specified in Figure 3 of the
Los Gatos Hillside Specific Plan and as shown on the Official Development Plans. The
specific trail alignments shall be determined during Architecture and Site rev iew of the
infrastructure and shall be reflected on the Tentative Map. The trail connection shown in
Figure 3, connecting the project site and Blossom Hill Road, shall tenninate at the ridge
line and not extend fully to Blossom Hill Road.
113 . TRAIL SPECIFICATIONS . On-Site trails shall be as wide as 6-feet where practical. Trail
width may be reduced to 4-feet in locations where a 6-foot width would require retaining
wall, grading beyond the edge of traiL or would res ult in a maximum combined cut and fill
Page 22 of28
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depth of2-feet. Vertical ea1ih slopes of up to 1-foot high may be utilized to maximize trail
width. Trailhead signage and gates shaH be provided per Midpenin s ula Regional
Openspace standard details.
114. UTILITY COMPANY REVIEW. Prior to recordation of the Final Map. the applicant
shall submit letters from SJWC, WVSD, and PG&E stating that they have reviewed the
map and have no objection to recording the map.
J 15 . SANlTARY SEWER EJECTOR PUMPS. Sanitary sewer ejector pumps shall be
provided at Lots 9, 12. 14, 17, and 21. A rear lot sewer gravity sewer will not be allowed.
116. ACCESS TO PARCEL 527-12-002. A 40-foot right of way shall be dedicat ed across
Lots 19 and 21 to create future access to parcel 527-12-002 {Gteiner parcel). A No
Access easement in favor of the Town shall be recorded across the full right of way width
at the project site boundary. Town Council must approve the removal of the No Access
easement. The right of way and No Access easement sha11 be reflected on the Tentative
Map.
117. NO ACCESS EASEMENT. Prior to recordation of the Final Map, the applicant shall
enter an agreement with The Town of Los Gatos specifying the conditions for removal of
the No Access Easement across Lots 19 and 21.
l 18. OFFSITE WATER ALIGNMENT. Detailed off-site water alignment alternatives shall
be studied tor conformance with the Town's Hillside Development Standards &
Guidelines (HDS&G) during the Architecture and Site review of project infrastructure.
The applicant shall implement the alternative that best confonns to the HDS&G a s
determined by the Tovm.
I 19. NEW WATER SYSTEM. The properties shown on the map attached as Exhibit C shall
be connected to the n ew water system. The applicant shall provide all necessary water
infrastructure up through the water meter at no cost to the residents. The residents shall
be responsible for any impmvements between the meter and the house (such as storage
facilities, pressure pumps, piping, etc.). The water system shall be installed prior to
issuance of the first occupancy permit for the project.
120. ELIMINATION OF SHADY LANE MUTUAL WATER COMPANY. The applicant
shaH provide public water and public fire hydrants to all members of the Shady Lane
Page 23 of28
Mutual Water Company. The app·Jicant shall provide all necessary water infrastructure up
through the water meter at no cost to the residents. The residents shall be responsible for
any improvements between the meter and the house (such as storage facilities , pressure
pumps, piping, etc.). The residents will also be responsible for dissolution of the existing
water company including any applications to the State or Local agencies. and demolition of
existing facilities , if any . The water system shall be installed prior to issuance of the first
occupancy penn it for the project.
121. MAINTENANCE OF PUBLIC FACILITIES. Prior to recordation of the Final Map, the
applicant s hall enter into a maintenance agreement with the Town. The Homeo~ner·s
Association shall maintain all landscaping within the public right of way for the new
on-site roadways, as well as landscaping within the Shady Lane extension west of the
project site boundary, and shall perform routine maintenance on the public stonn drain
system within the project boundaries. The Town shall be responsible for stonn drain
infrastructure repairs. The agreement shall include provisions to address paragraph C.3 of
the Town's Regional Board pennit.
122 . FUTU RE STUDIE S. Any post project traffic or parking counts, or other studies
imposed by Planning Commission or Town Council shall be funded by the applicant.
123 . PLAN CHECK FEES. Plan check fees shall be deposited with the Town prior to
submittal of plans to the Engineering Division of the Parks and Public Works Department.
124. INSPECTION FEES. Inspection fees shall be deposited with the Town prior to issuance
of any Pem1it or recordation of the Final Map.
Parks Division
125. AERATION TUBES. All impervious surface encroaching under the dripline of existing
trees shall have aeration tubes installed and these tube locations shown on the plans.
126. IRRIGATION. All newly planted landscaping shall be irrigated by an in-ground
irrigation system. Special care shall be taken to avoid irrigation which will endanger
existing nati ve trees and vegetation.
127 . BUILDING FOUN DATIONS: Any buildings under th e dripline of existing tree s shall
have a foundation built from pier and grade beam to minimize impaction on existing trees.
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128 . TREE STAKING: All newly planted trees are required to be double staked to Town
standards.
12 9. GENERAL. All existing and newly planted trees shown on the plan are specific subj ect s
of approval of this plan and must remain on s ite.
130. IRRIGATION SYSTEM . Water efficient irrigation systems shall be uti li zed to conserve
water in all project irrigation of publ icly landscaped areas .
131 . WATER EFFIC1ENT ORDINANCE. This project is s ubj ect to the Town 's Water
Efficient Ordinance. A deposit of$5 ,000 i s required when the land scap e, irrigation plans,
and water calculations are submitted for review. The review fee will be based on actual
cost.
132. TREE PROTECTION . Tree protection fencing shall be placed at the drip line of existing
trees to be saved in the area of construction. Fencing shall be four feet high chain link
attached to steel poles driven two feet into the ground when at the dripline of the tree. If
the fence has to be within eight feet ofthe trunk of the tree a fence base may be used, as in
a typical chain link fence that is rented. The fencing must be i nspected and approved by
the Parks Superintendent and must be installed prior to issuance of a grading and /or
building permit.
133 . ORNAMENTAL LANDSCAPING. All fonnallandscaping sha11 be within 30 teet of the
perimeter of the houses. Any planting beyond the 30-foot perimeter shall be native
vegetation that is drought and fire resistant, and planted in natural clusters.
134. LANDSCAPE GUIDELINES . The adopted landscape guidelines and plant lists shall be
incorporated into the CC &Rs for the project.
TO THE SATISFACTION OF THE SANTA CLARA COUNTY FIRE DEPARTMENT:
135 . **HAZARDS AND HAZARDOUS MATERIALS MITIGATION MEASURE 4.5-2a.
Trees should be pruned to ensure that branches do not overhang roofs of proposed homes .
and understory vegetation (brush or shrubs) under existing trees should be cleared .
136. **PU BLIC SERVICES AND UTILJTIES MITIGA TlON MEASURE 4.11-2. The
project shall meet all Department requirements in order to mitigate th e project's increased
demand on fire protection services.
Page 25 of28
137 . AUTOMATIC FIRE SPRINKLER SYSTEM REQUIRED. New homes shall be
protected throughout by an approved automatic fire sprinkler system, hydraulically
designed per National Fire Protection Association (NFP A) Standard # 1 3d.
138. FIRE HYDRANTS REQUIRED . Provide fire hydrants at locations to be determined
jointly by the Fire Department and San Jose Water Company. Hydrants shall have a
minimum single flow of I ,000 GPM at 20 psi residual, with spacing not to exceed 500 feet.
Prior to applying for building permits, the applicant shall provide civil drawjngs reflecting
all fire hydrants serving the site. The final determination of placement and number of
hydrants shall be to the satisfaction of the Dire Department.
139. FIRE HYDRANT LOCATION IDENTIFIER. Prior to project inspection. the general
contractor shall ensure that an approved (''Blue" Dot") fire hydrant location identifier has
been placed in the roadway as directed by the Fire Department.
140 . TIMING OF REQUIRE D WATER SUPPLY INSTALLATIONS. Installations of
required fire service(s) and fire hydrants(s) shall be tested and accepted by the Fire
Department, prior to the start of framing or delivery of bulk combustible materials.
Building permit issuance may be withheld until required installations are completed,
tested, and accepted.
141. FIR E APPARATUS (ENGINE) ACCESS ROADS. Provide access roadways with a
paved all weather surface and a minimum unobstructed width of20 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%. In stallations shall conform with Fire Department
Standard Details and Specifications A-1.
I 42. FIRE APPARATUS (ENGINE) TURN -AROUND. Provide an approved fire department
engine roadway turnaround with a minimum radius of 36 feet outside and 23 feet inside.
In stallations shall conform with Fire Department Standard Details and Specifications A -1.
Cul-de-sac diameters shall be no less than 72 feet.
143. TIM fNG OF REQUIRED ROADWAY INSTALLATIONS. Required driveways and/or
access roads up through first lift of asphalt shall be inspected and accepted by the Fire
Department prior to the start of construction. Bulk combustible materials shall not be
delivered to the site until installation s are complete. During construction em ergency
Page 26 of28
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access roads shall be maintained clear and unimpeded. No te that building permit issuance
may be withheld until installations are completed.
144. EMERGENCY GATES/ACCESS GATES . Gate installations shall conform with Fire
Department Standard Details and Specifications G-1 and when open, shall not obstruct any
portion of the required width for emergency access roadways or driveways. Locks, if
provided, shall be Fire Department approved prior to installation. This co nditi on applies
to single family home sites as well as gated emergency access roadways.
145. PARKING ALONG ROADWAYS. The required width of fire access roadways s hall not
be obstructed in any manner and parking shall not be allowed along roadways less than 28
feet in width. Roadway widths shall be measured curb face to curb face , with parking
spaces based on an eight foot width.
146. FIRE LANE MARKING REQUIRED. Roadways deemed necessary to facilitate
emergency vehicle access shall be identified in accordance with Fire Department Standard
Details and Specification A-6 and Local Government Standards . This condition shall
apply through the length of access roads as well as at emergency access roadway gates.
147. REQUIRED ACCESS TO BUILDINGS. Provide access to all portions of all residences
within 150 feet travel distance from fir apparatus access points.
148 . PREMISE IDENT1FlCA TION . Approved numbers or addres ses shall be placed on all
new and buildings in such a position as to be plainly vjsible and legible from the street or
road fronting the property. Numbers shall contrast with their back1:,rround.
149. EMERGENCY ACCESS ROADWAYS . Emergency access roadways shall conionn to
Standard Detail and Specification A-4 regarding circulation radius, gradient and pavement
widths.
150. WATER SYSTEM. San Jose Water Company shall provide plans for the new water
system to the Fire Department upon completion of engineering and syst em design . The
applicant shall help facilitate this.
TO THE SATISFACTION OF THE POLICE CHlEF:
151. **PUBLIC SERVICES AND UT ILITIES MITIGATION MEASURE 4 .1 1-3 . The
project shall comply with Police Department's specified basic requirements.
Page 27 of28
SECTION Vl
This Ordinance was introduced at a regular meeting of the Town Council of the Town of
Los Gatos on March 17,2015, and adopted by the following vote as an ordinance ofthe Town of
Los Gatos at a meeting of the Town Council of the Town of Los Gatos on April 7, 2015 and
becomes effective 30 days after it is adopted.
COUNCIL MEMBERS:
AYES: Steve Leonardis, Rob Rennie, Barbara Spector, Mayor Marcia Jensen
NAYS:
ABSENT: Marico Sayoc
ABSTAl~:
SIGNED:
ATTEST:
~~-~~~)
~~
MAY& OF ~HE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
CLERK ADMINlSTRA TOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
Page 28 of28
REQUIRED FINDINGS & CONSIDERATIONS FOR:
15343 Santella Court -Lot 7
Architecture and Site Application S-14-072
Requesting approval to construct a single-family residence on property zoned HR-2Yl:PD.
APN 527-09-016.
PROPERTY OWNER/APPLICANT : Davidon Homes
FINDINGS:
Required findings for CEQA:
• An Environmental Impact Report (EIR) was prepared for the Planned Development and was
certified by the Town Council on December 19 ,2005. Required technical reviews (arborist ,
architect and geotechnical) have been completed for the project and no further environmental
analysis is required for this application.
Compliance with the approved Planned Development:
• The project is in compliance with the approved Planned Development (Ordinance 2237) .
Compliance with Hillside Development Standards and Guidelines:
• The project is in compliance with the Hillside Development Standards and Guidelines.
Compliance with Hillside Specific Plan
• The project is in compliance with the Hillside Specific Plan in that it is a single-family
residence being developed on an existing parcel. The proposed development i s consistent
with the deve lopment criteria included in the Specific Plan .
CONSIDERATIONS:
Considerations in review of Architecture and Site applications:
• As required by Section 29.20.150 of the Town Code, the considerations in review of an
Architecture and Site application were all made in reviewing thi s project.
N:'DE V• fi ND INGs-20 I S•SANTELLA . I 5343.A&S.DOC
EXHIBIT 3
This Page
Intentionally
Left Blank
CONDIT IONS OF APPROVAL
August 26, 2015
15343 Santella Court-Lot 7
Architecture and Site Application S-14-072
Requesting approval to construct a single-family residence on property zoned HR-2 ~:PD . APN
527-09-016 .
PROPERTY OWNER/APPLICANT: Davidon Homes
TO THE SATISFACTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT:
Planning Division
1. PLANNED DEVELOPMENT: All performance standards included in Planned
Development Ordinance 2237 are incorporated herein by this reference as conditions of
approval applicable to this application. This applies to all departments and divisions.
2. APPROVAL: This application shall be completed in accordance with all of the
conditions of approval listed below and in substantial compliance with the approved
plans. Any changes or modifications to the approved plans shall be approved by the
Community Development Director, the Development Review Committee, or the Planning
Commission, depending on the scope of the changes.
3. EXPIRATION: The Architecture and Site approval will expire two years from the
approval date (August 26, 2017) pursuant to Section 29.20.320 of the Town Code, unless
the approval is vested prior to expiration.
4. 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.
5. EXTERIOR COLOR: The exterior colors of the house shall not exceed a light reflectivity
value of 30 and shall blend with the natural vegetation in conformance with the approved
PD Ordinance 223 7.
6. DEED RESTRICTION: Prior to the issuance of a building permit, a deed restriction shall
be recorded by the applicant with the Santa Clara County Recorder's Office that requires
all exterior colors to be maintained in conformance with the Town's Hillside
Development Standards and Guidelines .
7. OUTDOOR LIGHTING : House exterior and landscape lighting shall be kept to a
minimum, and shall be down directed fixtures that will not reflect or encroach onto
adjacent properties. The outdoor lighting plan will be reviewed during building plan
check. Any changes to the lighting plan shall be approved prior to installation.
8. FENCING: No fencing is being approved with this application. Any future fencing shall
comply with the Hillside Development Standards and Guidelines and must be reviewed
and approved by the Planning Division prior to installation.
,.EXHIBIT 4
Conditions of Approval
15343 Santella Court
Page 2 o/8
9. GREEN BUILDING: The house shall be designed to achieve compliance with
GreenPoint Rated Standards for green building certification . The GreenPoint checklist
shall be completed by a Certified Green Building Professional and submitted to the Town
prior to issuance of a building permit.
I 0. TREE REMOVAL PERMIT: A Tree Removal Permit shall be issued for trees to be
removed. Replacement trees shall be selected based on the Hillside Development
Standards and Guidelines and shall be planted based on the Canopy Replacement Table
in the Tree Protection Ordinance prior to final inspection. An in-lieu fee may be paid for
trees that cannot be reasonably accommodated on the project site.
11. ARBORIST REQUIREMENTS: The developer shall implement, at their cost, all
recommendations made by the Town 's Co nsulting Arborist id entified in the Arborist's
reports , dated December 10 , 2014 and August 20, 2015 , on file in the Community
Development Department. A Compliance Memorandum shall be prepared and submitted
with the building permit application detailing how the recommendations have or will be
addressed. These recommendations must be incorporated in the building permit plans,
and completed prior to issuance of a building permit where app licable.
12. TREE STAKING: All newly planted trees shall be double-staked using rubber tree ties.
13. TREE FENCING : Protective tree fencing shall be placed at the drip line of existing trees
prior to issuance of demolition and building permits and shall remain through all phases
of construction. Fencing shall be six foot high cyclone attached to two-inch diameter
steel posts driven 18 inches into the ground and spaced no further than 10 feet apart.
Refer to the report prepared by the Town's Consulting Arborist identified in the
Arborist ' s report, dated December 1 0, 2014 , for details. Include a tree protection fencing
plan with the construction plans.
14. LANDSCAPE PLAN: The final landscape plan shall comply with the Hillside
Development Standards and Guidelines criteria for planting (ornamental planting shall be
confined to areas within 30 feet of the house, inclusive of decks , patios and driveway).
15. WATER EFFICIENCY LANDSCAPE ORDINANCE: The final landscape plan shall
meet the Town of Los Gatos Water Conservation Ordinance or the State Water Efficient
Landscape Ordinance, whichever is more restrictive. A review fee based on the current
fee schedule adopted by the Town Council is required when working landscape and
irrigation plans are submitted for review.
16. BMP IN-LIEU FEE: A Below Market Price (BMP) in-lieu fee (6% of the building
valuation as determined by the Building Official) shall be paid by the developer prior to
issuance of an occupancy permit for the new residence.
17. STORY POLES: The story poles on the project site shall be removed within 30 days of
approval of the Architecture & Site application.
TO THE SATISFACTION OF THE BUILDING DEPARTMENT:
Building Division
18. PERMITS REQUIRED: A building permit shall be required for the construction of the
new single-family residence. Separate permits are required for electrical , mechanical , and
plumbing work as necessary. Site retaining walls four (4) feet high or greater from the
bottom of the footing shall be under separate permit(s).
Conditions of Approval
15343 Santella Court
Page 3 o.f8
19. 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 addre ssed.
20. SIZE OF PLANS: Four (4) sets of construction plans, maximum size 24" x 36".
(Optional 30" x 42" maximum is acceptable.)
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. NPDES-C.3 DATA FORM: A copy ofthe NPDES C.3 Data Form (updated based on the
final construction drawings) must be blue-lined in full on the plans. In the event that this
data differs significantly from any Planning approvals , the Town may require
recertification of the project's storm water treatment facilities prior to the release of the
building permit.
23. FOUNDATION INSPECTIONS: A pad certificate prepared by a licensed civi l 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 el evation.
b. Finish floor elevation.
c. Foundation comer locations.
d. Retaining walls.
24. RESIDENTIAL TOWN ACCESSIBILITY STANDARDS: The residence shall be
designed with adaptability features for single-family residences per Town Reso lution
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.
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 l-inch out of plane with the immediate interior floor level with an 18-inch
clearance at interior strike edge.
d. Door buzzer, bell or chime s hall be hard wired at primary entrance.
25. TITLE 24 ENERGY COMPLIANCE : All required California Title 24 Energy
Compliance Forms must be blue-lined, i.e. directly printed onto a plan sheet.
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 va lve 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 les s than 12-inches above the elevation of the next upstream manhole.
Conditions of Approval
15343 Santella Court
Page 4 of8
27. TOWN FIREPLACE STANDARDS: New wood burning fireplaces shall be an EPA
Phase II approved appliance as per Town Ordinance 1905. Tree limbs shall be cut when
within ten ( 1 0) feet of a chimney.
28. HAZARDOUS FIRE ZONE: The project requires a Class A roof assembly.
29. WILDLAND-URBAN INTERFACE: This project is located in a Wildland-Urban
Interface Fire Area and must comply with Section R327 Materials and Construction
Methods for Exterior Wildfire Exposure of the 2013 California Residential Code.
30. DEFENSIBLE SPACE/FIRE BREAK LANDSCAPING PLAN: Provide a landscape
plan prepared by a California licensed architect or landscape architect in conformance
with California Public Resources Code 4291 and California Government Code Section
51182.
31. LANDSCAPE CERTIFICATION: Prior to final inspection, provide a letter from a
California licensed architect or landscape architect certifying the landscaping and
vegetation clearance requirements have been completed per the California Public
Resources Code 4291 and Government Code Section 51182.
32. 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.lo sgato sca.gov/building
33. BLUE PRINT FOR A CLEAN BAY SHEET: The Town 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 San Jose Blue Print for a fee or online at
www.l os gato sca.gov /building.
34. REQUIREMENTS FOR COPPER ROOFS & COPPER ARCHITECTURAL
FEATURES: Avoid or limit the use of copper roofs or copper architectural features and
elements. When used implement the following Best Management Practices, BMPs, as
required by the Santa Clara Valley Urban Runoff Pollution Prevention Program, in order
to prevent prohibited discharges to storm drains:
a. If possible, purchase copper materials that have been pre-patinated at the factory .
b. If patination is done on-site discharge the rinse water to landscaping or a dry well to
ensure that the rinse water does not flow to the street or storm drain. Block off the
storm drain inlet if necessary.
c. Consider coating the copper materials with an impervious coating that prevents
further corrosion and runoff.
d. Implement the same BMPs during routine maintenance such as power washing, re-
patination, or reapplication of impervious coating .
e. At copper gutters and downspouts, create a percolation area at the downspout outlet
for the roof runoff to soak into the ground rather than flowing to a storm drain or
water course . Please note that if you are responsible for a discharge to the storm drain
of runoff from copper architectural features , you will be in . violation of the municipal
storm water ordinance and may be subject to a fine.
Conditions of Approval
15343 Santella Court
Page 5 of8
35. APPROVALS REQUIRED: The project requires the following departments and agencies
approval before issuing a building permit:
a. Community Development -Planning Division
b . Engineering/Parks & Public Works Department
c. Santa Clara County Fire Department
d. West Valley Sanitation District
e. Local School District: The Town will forward the paperwork to the appropriate
school district(s) for processing. A copy of the paid receipt is required prior to permit
issuance.
TO THE SATISFACTION OF THE DIRECTOR OF PARKS AND PUBLIC WORKS:
Engineering Division
All conditions per prior approvals (including PD Ordinance 2237) shall be deemed in full force
and affect for this approval. Additional conditions for this application are below:
36. GRADING PERMIT: A grading permit is required for all site grad in g and drainage work
except for exemptions listed in Section 12.20.015 of the Town Grading Ordinance. The
grading permit application (with grading plans) shall be submitted to the Engineering
Division of the Parks & Public Works Department located at 41 Miles Avenue. The
grading plans shall include final grading, drainage, retainin g wall location, driveway,
utilities and interim erosion control. Grading plans shall list earthwork quantities and a
table of existing and proposed impervious areas. Unless specificall y all owed by the
Director of Parks and Public Works, the grading permit will be issued concurrently with
the building permit. The grading permit is for work outside the building footprint(s). A
separate building permit, issued by the Building Department located at 110 E. Main
Street is needed for grading within the building footprint.
37. DRAINAGE STUDY: Prior to the issuance of any grading 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 proposed
drainage patterns will not overload existing storm drains; and detailed drainage studies
indicating how the project grading, in conjunction with the drainage conveyance systems
including applicable swal es , 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 1 00-year
flood.
38. DRAINAGE IMPROVEMENT: Prior to the issuance of any grading permits, the
applicant shall: a) Design provisions for surface drainage; and b) Design all necessary
storm drain facilities extending to a satisfactory point of disposal for the proper control
and disposal of storm runoff; and c) Provide a recorded copy of any required easements
to the Town.
39. SOILS REVIEW: Prior to issuance of the grading permit, the applicant's engineers shall
prepare and submit a design-level geotechnical/geological investigation for review and
approval by the Town 's con sultant. The applicant's soi ls engineer shall review the final
grading and drainage plans to ensure that designs for foundations, retaining walls,
Conditions of Approval
15343 Santella Court
Page 6 of8
landslide repairs, site grading, and site drainage are in accordance with their
recommendations and the peer review comments. The applicant's soils engineer's
approval shall then be conveyed to the Town either by letter or by signing the plans.
40. 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 should be documented in an "as-built" letter/report
prepared by the applicants ' soils engineer and submitted to the Town before final release
of any occupancy permit is granted.
41. SOIL RECOMMENDATIONS: The project shall incorporate the geotechnical/geological
recommendations contained in the Geotechnical Exploration, Lot 7, the Highlands of Los
Gatos, 15343 Santella Ct. by ENGEO, Inc., dated November 03, 2014, and any
subsequently required report or addendum. Subsequent reports or addenda are subject to
peer review by the Town's consultant and the cost shall be borne by the applicant.
42. BEST MANAGEMENT PRACTICES (BMPs): Best Management Practices (BMPs)
shall be maintained and be placed in all areas that have been graded or disturbed and for
all material, equipment and /or operations that need protection. If BMPs are removed
(temporary removal during construction activities) they shall be replaced at the end of
each working day.
43. STORMW ATER DEVELOPMENT RUNOFF: All new development and redevelopment
projects are subject to the Town's stormwater development runoff requirements . Every
applicant shall submit a stormwater control plan and implement the conditions of
approval as provided in Condition No. 23 above 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.
44. SITE DESIGN MEASURES : All projects must incorporate the following measures to the
maximum extent practicable:
a. Protect sensitive areas and minimize changes to the natural topography.
b. Minimize impervious surface areas.
c. Direct roof downspouts to vegetated areas where feasible .
d . Use permeable pavement surfaces where feasible.
e. Use landscaping to treat stormwater.
45 . EROSION CONTROL: Interim and final erosion control plans shall be prepared and
submitted to the Engineering Department of the Parks & Public Works Department. A
Notice of Intent (NOI) and Storm Water Pollution Prevention Plan (SWPPP) shall be
submitted to the San Francisco Bay Regional Water Quality Control Board for projects
disturbing more than one acre. A maximum of two weeks is allowed between clearing of
an area and stabilizing/building on an area if grading is allowed during the rainy season.
Interim erosion control measures , to be carried out during construction and before
installation of the final landscaping shall be included. Interim erosion control methods
shall include, but are not limited to: silt fences, fiber rolls (with locations and details),
erosion control blankets, Town standard seeding specification, filter berms, check dams ,
retention basins, etc. Provide erosion control measures as needed to protect downstream
Conditions of Approval
15343 Santella Court
Page 7 of8
water quality during winter months. The grading, drainage, erosion control plans and
SWPPP shall be in compliance with applicable measures contained in the amended
provisions C.3 and C .l4 of the most c urrent Santa Clara County NPDES MRP Permit.
Monitoring for erosion and sediment control is required and shall be performed by the
QSD or QSP as required by the Construction General Permit. Stormwater samples a re
required for all discharge locations and projects may not exceed limits set forth by the
Construction General Permit Numeric Action Levels and/or Numeric Effluent Levels. A
Rain Event Action Plan is required when there is a 50% or greater forecast of rain within
the 48 hours, by the National Weather Service or whenever rain is imminent. The QSD or
QSP must print and save records of th e precipitation forecast for the project location area
from (http://www.srh.noaa.gov/forecast) and they must accompany monitoring reports
and sampling test data. A rain gauge is required to be kept on s ite. The Town of Los
Gatos Engineering and Building departments will condu ct periodic NPDES inspections
of the s ite throughout the recognized storm season to verify compliance with the
Construction General Permit and Stormwater ordinances and regulations.
46. 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 ABAG Manual
of Standards for Erosion & Sediment Control Measures, 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.
47 . 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 s h a ll be stenciled/signed with appropriate "NO D U MPING -
Flows to Bay" NPDES required language . On-site drainage systems for all projects s hall
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 barrel s, directing
runoff from impervious s urfaces to vegetated areas and use of permeable s urfaces . If dry
wells are to be used they shall be placed a minimum of ten (1 0) feet from a ny adjacent
property line and/or right of way.
TO THE SATISFACTION OF THE SANTA CLARA COUNTY FIRE DEPARTMENT:
48. 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 s upplying
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
syst ems, and/or fire suppression water s upply systems or storage containers that m ay be
phys ically connected in any manner to an appliance capable for causing contamination of
the potable water supply of the purveyor of record. Final approval ofthe syst em(s) under
consideration will not be granted by this office until compliance with the requirements of
the water purveyor of record are documented b y that purveyor as having been met by the
ap plicant. 2010 CFC Sec. 903.5 and Health and Safety Code 13114.7.
Conditions of Approval
15343 Santell a Court
Page 8of8
49. AUTOMATIC FIRE SPRINKLER SYSTEM REQUIRED: An approved automatic fire
sprinkler system is required for the new re sidence, hydraulically designed per National
Fire Protection As sociation (NFPA) Standard #130. A State of California (C-16) Fire
Protection contractor shall submit plans, calculations, a completed permit application and
appropriate fees to the Fire Department for approval, prior to beginning their work.
50. CONSTRUCTION FIRE SAFETY: The construction site shall comply with applicable
provis ions of the California Fire Code, Chapter 14 and Fire Department Standard Detail
and Specification Sl-7.
51. PREMISE IDENTIFICATION: Approved a ddresses shall be placed on all new buildings
so they are clearly visible and legible from Santella Court. Numbers shall be a minimum
of four inches high and shall contrast with their background.
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