Exhibit 3 - Recommended Conditions of ApprovalPLANNING COMMISSION – February 24, 2021
CONDITIONS OF APPROVAL
14300 Lora Drive
Architecture and Site Application S-20-019
Requesting Approval for Demolition of an Existing Detached Garage and for
Construction of a New Single-Family Residence on Property Zoned R-1:8. APN 409-
15-028. Architecture and Site Application
S-20-019.
PROPERTY OWNER: Amrito Chaube
APPLICANT: Krislani Mulia
PROJECT PLANNER: Jocelyn Shoopman
TO THE SATISFACTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT:
Planning Division
1. APPROVAL: This application shall be completed in accordance with all of the conditions of
approval and in substantial compliance with the approved plans. Any changes or
modifications to the approved plans and/or business operation shall be approved by the
Community Development Director, DRC or the Planning Commission depending on the
scope of the changes.
2. EXPIRATION: The approval will expire two years from the approval date pursuant to Section
29.20.320 of the Town Code, unless the approval has been vested.
3. OUTDOOR LIGHTING: Exterior lighting shall be kept to a minimum and shall be down
directed fixtures that will not reflect or encroach onto adjacent properties. No flood lights
shall be used unless it can be demonstrated that they are needed for safety or security.
4. ACCESSORY DWELLING UNIT PERMIT: An Accessory Dwelling Unit permit shall be obtained
from the Planning Division prior to issuance of a building permit.
5. TREE REMOVAL PERMIT: A Tree Removal Permit shall be obtained for any protected trees to
be removed, prior to the issuance of a building or grading permit.
6. EXISTING TREES: All existing trees shown on the plan and trees required to remain or to be
planted are specific subjects of approval of this plan and must remain on the site.
7. TREE FENCING: Protective tree fencing, and other protection measures shall be placed at
the drip line of existing trees prior to issuance of demolition and building permits and shall
remain through all phases of construction. Include a tree protection plan with the
construction plans.
8. TREE STAKING: All newly planted trees shall be double-staked using rubber tree ties.
9. FRONT YARD LANDSCAPE: Prior to issuance of a Certificate of Occupancy the front yard
must be landscaped.
10. ARBORIST REQUIREMENTS: The developer shall implement, at their cost, all
recommendations identified in the Arborist’s report. These recommendations must be
incorporated in the building permit plans, and completed prior to issuance of a building
permit where applicable. A Compliance Memorandum shall be prepared by the applicant
EXHIBIT 3
and submitted with the building permit application detailing how the recommendations
have or will be addressed.
11. WATER EFFICIENCY LANDSCAPE ORDINANCE: The final landscape plan shall meet the
requirements of the Town of Los Gatos Water Conservation Ordinance or the State Water
Efficient Landscape Ordinance, whichever is more restrictive. Submittal of a Landscape
Documentation Package pursuant to WELO is required prior to issuance of a building
permit. A review fee based on the current fee schedule adopted by the Town Council is
required when working landscape and irrigation plans are submitted for review. A
completed WELO Certificate of Completion is required prior to final inspection/certificate of
occupancy.
12. STORY POLES: The story poles on the project site shall be removed within 30 d ays of
approval of the Architecture & Site application.
13. TOWN INDEMNITY: Applicants are notified that Town Code Section 1.10.115 requires that
any applicant who receives a permit or entitlement from the Town shall defend, indemnify,
and hold harmless the Town and its officials in any action brought by a third party to
overturn, set aside, or void the permit or entitlement. This requirement is a condition of
approval of all such permits and entitlements whether or not expressly set forth in the
approval and may be secured to the satisfaction of the Town Attorney.
14. COMPLIANCE MEMORANDUM: A memorandum shall be prepared and submitted with the
building plans detailing how the Conditions of Approval will be addressed.
Building Division
15. APPLICABLE CODES: The current codes, as amended and adopted by the Town of Los Gatos
as of January 1, 2020, are the 2019 California Building Standards Code, California Code of
Regulations Title 24, Parts 1-12, including locally adopted Energy Reach Codes.
16. CONDITIONS OF APPROVAL: The Conditions of Approval must be blue lined in full on the
cover sheet of the construction plans. A Compliance Memorandum shall be prepared and
submitted with the building permit application detailing how the Conditions of Approval will
be addressed.
17. BUILDING & SUITE NUMBERS: Submit requests for new building addresses to the Building
Division prior to submitting for the building permit application process.
18. SIZE OF PLANS: Minimum size 24” x 36”, maximum size 30” x 42”.
19. 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.
20. SHORING: Shoring plans and calculations will be required for all excavations which exceed
five (5) feet in depth or which remove lateral support from any existing building, adjacent
property, or the public right-of-way. Shoring plans and calculations shall be prepared by a
California licensed engineer and shall confirm to the Cal/OSHA regulations.
21. FOUNDATION INSPECTIONS: A pad certificate prepared by a licensed civil engineer or land
surveyor shall be submitted to the project Building Inspector at foundation inspection. This
certificate shall certify compliance with the recommendations as specified in the Soils
Report, and that the building pad elevations and on -site retaining wall locations and
elevations have been prepared according to the approved plans. Horizontal and vertical
controls shall be set and certified by a licensed surveyor or registered Civil Engineer for the
following items:
a. Building pad elevation
b. Finish floor elevation
c. Foundation corner locations
d. Retaining wall(s) locations and elevations
22. TITLE 24 ENERGY COMPLIANCE: All required California Title 24 Energy Compliance Forms
must be blue-lined (sticky-backed), i.e. directly printed, onto a plan sheet.
23. TOWN RESIDENTIAL ACCESSIBILITY STANDARDS: New residential units shall be designed
with adaptability features for single-family residences per Town Resolution 1994-61:
a. Wood backing (2” x 8” minimum) shall be provided in all bathroom walls, at water
closets, showers, and bathtubs, located 34 inches from the floor to the center of the
backing, suitable for the installation of grab bars if needed in the future.
b. All passage doors shall be at least 32-inch wide doors on the accessible floor level.
c. The primary entrance door shall be a 36-inch-wide door including a 5’x 5’ level landing,
no more than 1 inch out of plane with the immediate interior floor level and with an 18 -
inch clearance at interior strike edge.
d. A door buzzer, bell or chime shall be hard wired at primary entrance.
24. BACKWATER VALVE: The scope of this project may require the in stallation of a sanitary
sewer backwater valve per Town Ordinance 6.50.025. Please provide information on the
plans if a backwater valve is required and the location of the installation. The Town of Los
Gatos Ordinance and West Valley Sanitation District (WVSD) requires backwater valves on
drainage piping serving fixtures that have flood level rims less than 12 inches above the
elevation of the next upstream manhole.
25. HAZARDOUS FIRE ZONE: All projects in the Town of Los Gatos require Class A roof
assemblies.
26. SPECIAL INSPECTIONS: When a special inspection is required by CBC Section 1704, the
Architect or Engineer of Record shall prepare an inspection program that shall be submitted
to the Building Official for approval prior to issuance of the Building Permit. The Town
Special Inspection form must be completely filled-out and signed by all requested parties
prior to permit issuance. Special Inspection forms are available from the Building Division
Service Counter or online at www.losgatosca.gov/building.
27. BLUEPRINT FOR A CLEAN BAY SHEET: The Town standard Santa Clara Valley Nonpoint
Source Pollution Control Program Sheet (page size same as submitted drawings) shall be
part of the plan submittal as the second page. The specification sheet is available at the
Building Division Service Counter for a fee of $2 or at ARC Blueprint for a fee or online at
www.losgatosca.gov/building.
28. APPROVALS REQUIRED: The project requires the following departments and agencies
approval before issuing a building permit:
a. Community Development – Planning Division: (408) 354-6874
b. Engineering/Parks & Public Works Department: (408) 399-5771
c. Santa Clara County Fire Department: (408) 378-4010
d. West Valley Sanitation District: (408) 378-2407
e. Local School District: The Town will forward the paperwork to the appropriate school
district(s) for processing. A copy of the paid receipt is required prior to permit issuance.
TO THE SATISFACTION OF THE DIRECTOR OF PARKS & PUBLIC WORKS:
Engineering Division
29. GENERAL: All public improvements shall be made according to the latest adopted Town
Standard Plans, Standard Specifications and Engineering Design Standards. All work shall
conform to the applicable Town ordinances. The adjacent public right-of-way shall be kept
clear of all job-related mud, silt, concrete, dirt and other construction debris at the end of
the day. Dirt and debris shall not be washed into storm drainage facilities . The storing of
goods and materials on the sidewalk and/or the street will not be allowed unless an
encroachment permit is issued by the Engineering Division of the Parks and Public Works
Department. The Owner, Applicant and/or Developer's representative in charge shall be at
the job site during all working hours. Failure to maintain the public right-of-way according
to this condition may result in the issuance of correction notices, citations, or stop work
orders and the Town performing the required maintenance at the Owner, Applicant and/or
Developer's expense.
30. APPROVAL: This application shall be completed in accordance with all the conditions of
approval listed below and in substantial compliance with the latest reviewed and approved
development plans. Any changes or modifications to the approved plans or conditions of
approvals shall be approved by the Town Engineer.
31. CONSTRUCTION PLAN REQUIREMENTS: Construction drawings shall comply with Section 1
(Construction Plan Requirements) of the Town’s Engineering Design Standards, which are
available for download from the Town’s website.
32. PRIOR APPROVALS: All conditions per prior approvals shall be deemed in full force and
affect for this approval.
33. CHANGE OF OCCUPANCY: Prior to initial occupancy and any subsequent change in use or
occupancy of any non-residential condominium space, the buyer or the new or existing
occupant shall apply to the Community Development Department and obt ain approval for
use determination and building permit and obtain inspection approval for any necessary
work to establish the use and/or occupancy consistent with that intended.
34. ENCROACHMENT PERMIT: All work in the public right -of-way will require a Construction
Encroachment Permit. All work over $5,000 will require construction security. It is the
responsibility of the Owner/Applicant/Developer to obtain any necessary encroachment
permits from affected agencies and private parties, including but not limited to, Pacific Gas
and Electric (PG&E), AT&T, Comcast, Santa Clara Valley Water District, California
Department of Transportation (Caltrans). Copies of any approvals or permits must be
submitted to the Town Engineering Division of the Parks and Public Wo rks Department prior
to releasing any permit.
35. GENERAL LIABILITY INSURANCE: The property owner shall provide proof of insurance to the
Town on a yearly basis. In addition to general coverage, the policy must cover all elements
encroaching into the Town’s right-of-way.
36. PUBLIC WORKS INSPECTIONS: The Owner, Applicant and/or Developer or their
representative shall notify the Engineering Inspector at least twenty -four (24) hours before
starting any work pertaining to on-site drainage facilities, grading or paving, and all work in
the Town's right-of-way. Failure to do so will result in penalties and rejection of any work
that occurred without inspection.
37. RESTORATION OF PUBLIC IMPROVEMENTS: The Owner, Applicant and/or Developer or their
representative shall repair or replace all existing improvements not designated for removal
that are damaged or removed because of the Owner, Applicant and/or Developer or their
representative's operations. Improvements such as, but not limited to: curbs, gutters,
sidewalks, driveways, signs, pavements, raised pavement markers, thermoplastic pavement
markings, etc., shall be repaired and replaced to a condition equal to or better than the
original condition. Any new concrete shall be free of stamps, logos, names, graffiti, etc.
Any concrete identified that is displaying a stamp or equal shall be removed and replaced at
the Contractor’s sole expense and no additional compensation shall be allowed therefore.
Existing improvement to be repaired or replaced shall be at the direction of the Engineering
Construction Inspector and shall comply with all Title 24 Disabled Access provisions. The
restoration of all improvements identified by the Engineering Construction Inspector shall
be completed before the issuance of a certificate of occupancy. The Owner, Applicant
and/or Developer or their representative shall request a walk-through with the Engineering
Construction Inspector before the start of construction to verify existing conditions.
38. SITE SUPERVISION: The General Contractor shall provide qualified supervision on the job
site at all times during construction.
39. STREET/SIDEWALK CLOSURE: Any proposed blockage or partial closure of the street and/or
sidewalk requires an encroachment permit. Special provisions such as limitations on works
hours, protective enclosures, or other means to facilitate public access in a safe manner
may be required.
40. PLAN CHECK FEES: Plan check fees associated with the Grading Permit shall be deposited
with the Engineering Division of the Parks and Public Works Department prior to the
commencement of plan check review.
41. INSPECTION FEES: Inspection fees shall be deposited with the Town prior to the issuance of
any grading or building permits or recordation of the Parcel / Final Map.
42. DESIGN CHANGES: Any proposed changes to the approved plans shall be subject to the
approval of the Town prior to the commencement of any and all altered work. The Owner,
Applicant and/or Developer’s project engineer shall notify, in writing, the Town Engineer at
least seventy-two (72) hours in advance of all the proposed changes. Any approved
changes shall be incorporated into the final “as-built” plans.
43. PLANS AND STUDIES: All required plans and studies shall be prepared by a Registered
Professional Engineer in the State of California and submitted to the Town Engineer for
review and approval. Additionally, any post-project traffic or parking counts, or other
studies imposed by the Planning Commission or Town Council shall be funded by the
Owner, Applicant and/or Developer.
44. GRADING PERMIT: A grading permit is required for all site grading and drainage work except
for exemptions listed in Section 12.20.015 of The Code of the Town of Los Gatos (Grading
Ordinance). After the preceding Architecture and Site Application has been approved by
the respective deciding body, the grading permit application (with grading plans and
associated required materials and plan check fees) shall be made to the Engineering
Division of the Parks and Public Works Department located at 41 Miles Avenue. The grad ing
plans shall include final grading, drainage, retaining wall location(s), driveway, utilities and
interim erosion control. Grading plans shall list earthwork quantities and a table of existing
and proposed impervious areas. Unless specifically allowed by the Director of Parks and
Public Works, the grading permit will be issued concurrently with the building permit. The
grading permit is for work outside the building footprint(s). Prior to Engineering signing off
and closing out on the issued grading permit, the Owner/Applicant/Developer’s soils
engineer shall verify, with a stamped and signed letter, that the grading activities were
completed per plans and per the requirements as noted in the soils report. A separate
building permit, issued by the Building Department, located at 110 E. Main Street, is needed
for grading within the building footprint.
45. GRADING PERMIT DETERMINATION DURING CONSTRUCTION DRAWINGS: In the event that,
during the production of construction drawings and/or during construction of the plans
approved with this application by the Town of Los Gatos, it is determined that a grading
permit would be required as described in Chapter 12, Article II (Grading Permit) of the Town
Code of the Town of Los Gatos, an Architecture and Site Applica tion would need to be
submitted by the Owner/Applicant/Developer for review and approval by the Development
Review Committee prior to applying for a grading permit.
46. ILLEGAL GRADING: Per the Town’s Comprehensive Fee Schedule, applications for work
unlawfully completed shall be charged double the current fee. As a result, the required
grading permit fees associated with an application for grading will be charged accordingly.
47. DRIVEWAY: The driveway conform to existing pavement on Lora Drive shall be constructed
in a manner such that the existing drainage patterns will not be obstructed.
48. CONSTRUCTION EASEMENT: Prior to the issuance of a grading or building permit, it shall be
the sole responsibility of the Owner, Applicant and/or Developer to obtain any and all
proposed or required easements and/or permissions necessary to perform the grading
herein proposed. Proof of agreement/approval is required prior to the issuance of any
Permit.
49. DRAINAGE STUDY: Prior to the issuance of any grading or building permits, the following
drainage studies shall be submitted to and approved by the Town Engineer: a drainage
study of the project including diversions, off-site areas that drain onto and/or through the
project, and justification of any diversions; a drainage study e videncing that the proposed
drainage patterns will not overload the existing storm drain facilities; and detailed drainage
studies indicating how the project grading, in conjunction with the drainage conveyance
systems (including applicable swales, channels, street flows, catch basins, storm drains, and
flood water retarding) will allow building pads to be safe from inundation from rainfall
runoff which may be expected from all storms up to and including the theoretical 100 -year
flood.
50. PRECONSTRUCTION MEETING: Prior to issuance of any grading or building permits or the
commencement of any site work, the general contractor shall:
a. Along with the Owner, Applicant and/or Developer, attend a pre -construction meeting
with the Town Engineer to discuss the project conditions of approval, working hours, site
maintenance and other construction matters;
b. Acknowledge in writing that they have read and understand the project conditions of
approval and will make certain that all project sub-contractors have read and understand
them as well prior to commencing any work, and that a copy of the project conditions of
approval will be posted on-site at all times during construction.
51. SOILS REPORT: One electronic copy (PDF) of the soils and geologic report shall be submitted
with the application. The soils report shall include specific criteria and standards governing
site grading, drainage, pavement design, retaining wall design, and erosion control. The
reports shall be signed and "wet stamped" by the engineer or geologist, in conformance
with Section 6735 of the California Business and Professions Code.
52. GEOLOGY AND SOILS MITIGATION MEASURE: A geotechnical investigation shall be
conducted for the project to determine the surface and sub-surface conditions at the site
and to determine the potential for surface fault rupture on the site. The geotechnical study
shall provide recommendations for site grading as well as the design of foundations,
retaining walls, concrete slab-on-grade construction, excavation, drainage, on-site utility
trenching and pavement sections. All recommendations of the investigation shall be
incorporated into project plans.
53. SOILS REVIEW: Prior to issuance of a building permit, the Owner, Applicant and/or
Developer’s engineers shall prepare and submit a design-level geotechnical and geological
investigation for review by the Town’s consultant, with costs borne by the Owner, Applicant
and/or Developer, and subsequent approval by the Town. In the event that the deciding
body requests as such, the peer review shall be completed prior to approval of a
development application. The Owner, Applicant and/or Developer’s soils engineer shall
review the final grading and drainage plans to ensure that designs for foundations, retaining
walls, site grading, and site drainage are in accordance with their recommendations and the
peer review comments. Approval of the Owner, Applicant and/or Developer’s soils
engineer shall then be conveyed to the Town either by submitting a Plan Review Letter prior
to issuance of grading or building permit(s).
54. SOILS ENGINEER CONSTRUCTION OBSERVATION: During construction, all excavations and
grading shall be inspected by the Owner, Applicant and/or Developer’s soils engineer prior
to placement of concrete and/or backfill so they can verify that the actual conditions are as
anticipated in the design-level geotechnical report and recommend appropriate changes in
the recommendations contained in the report, if necessary. The results of the construction
observation and testing shall be documented in an “as-built” letter/report prepared by the
Owner, Applicant and/or Developer’s soils engineer and submitted to the Town before a
certificate of occupancy is granted.
55. SOIL RECOMMENDATIONS: The project shall incorporate the geotechnical/geological
recommendations contained in the project’s design-level geotechnical/geological
investigation as prepared by the Owner, Applicant and/or Developer’s engineer(s), and any
subsequently required report or addendum. Subsequent reports or addendum are subject
to peer review by the Town’s consultant and costs shall be borne by the Owner, Applicant
and/or Developer.
56. SUPPLEMENTAL GEOLOGIC AND GEOTECHNICAL STUDIES: Supplemental geologic and
geotechnical engineering studies shall be performed in support of the design of the
infrastructure and the house, and the reports and plans shall be submitted to the Town for
review.
57. JOINT TRENCH PLANS: Joint trench plans shall be reviewed and approved by the Town prior
to recordation of a map. The joint trench plans shall include street and/or site lighting and
associated photometrics. A letter shall be provided by PG&E stating that public street light
billing will by Rule LS2A, and that private lights shall be metered with billing to the
homeowners’ association. Pole numbers, assigned by PG&E, shall be clearly delineated on
the plans.
58. CERTIFICATE OF OCCUPANCY: The Engineering Division of the Parks and Public Works
Department will not sign off on a Temporary Certificate of Occupancy or a Final Certificate
of Occupancy until all required improvements within the Town’s right-of-way have been
completed and approved by the Town.
59. GREEN INFRASTRUCTURE MEASURES: Projects which propose work within the Town’s right-
of-way, including but not limited to pavement restoration, street widening, construction of
curb, gutter and/or sidewalk, right-of-way dedication, etc., will be evaluated by Staff to
determine its potential for the implementation of Green Infrastructure measures and
associated improvements.
60. FRONTAGE IMPROVEMENTS: The Owner and/or Ap plicant shall be required to improve the
project’s public frontage (right-of-way line to centerline and/or to limits per the direction of
the Town Engineer) to current Town Standards. These improvements may include but not
limited to curb, gutter, sidewalk, driveway approach(es), curb ramp(s), signs, pavement,
raised pavement markers, thermoplastic pavement markings, storm drain facilities, traffic
signal(s), street lighting (upgrade and/or repaint) etc. The improvements must be
completed and accepted by the Town before a Certificate of Occupancy for any new
building can be issued.
61. UTILITIES: The Owner, Applicant and/or Developer shall install all new, relocated, or
temporarily removed utility services, including telephone, electric power and all other
communications lines underground, as required by Town Code Section 27.50.015(b). All
new utility services shall be placed underground. Underground conduit shall be provided
for cable television service. The Owner, Applicant and/or Developer is required to obtain
approval of all proposed utility alignments from any and all utility service providers before a
Certificate of Occupancy for any new building can be issued. The Town of Los Gatos does
not approve or imply approval for final alignment or design of these facilities.
62. UTILITY SETBACKS: House foundations shall be set back from utility lines a sufficient
distance to allow excavation of the utility without undermining the house foundation. The
Town Engineer shall determine the appropriate setback based on the depth of the utility,
input from the project soils engineer, and the type of foundation.
63. UTILITY EASEMENTS: Deed restrictions shall be placed on lots containing utility easements.
The deed restrictions shall specify that no trees, fences, structures or hardscape are allowed
within the easement boundaries, and that maintenance access must be provided. The
Town will prepare the deed language and the Owner, Applicant and/or Developer's
surveyor shall prepare the legal description and plat. The Owner, Applicant and/or
Developer shall pay any recordation costs. The documents shall be recorded before any
grading or permits are issued.
64. PRIVATE EASEMENTS: Agreements detailing rights, limitations and responsibilities of
involved parties shall accompany any proposed private easement. Access driveway shall be
within the recorded access easement. A new private access easement shall be recorded,
and an electronic copy (PDF) of the recorded agreement shall be submitted to the
Engineering Division of the Parks and Public Works Department, prior to issuance of a
grading or building permit. A realigned access driveway shall be completed prior to the
issuance of grading or building permit.
65. TRENCHING MORATORIUM: Trenching within a newly paved street will be allowed subject
to the following requirements:
a. The Town standard “T” trench detail shall be used.
b. A Town-approved colored controlled density backfill shall be used.
c. All necessary utility trenches and related pavement cuts shall be consolidated to minimize
the impacted area of the roadway.
d. The total asphalt thickness shall be a minimum of three (3) inches, meet Town standards,
or shall match the existing thickness, whichever is greater. The final lift shall be 1.5-inches
of one-half (½) inch medium asphalt. The initial lift(s) shall be of three-quarter (¾) inch
medium asphalt.
e. The Contractor shall schedule a pre-paving meeting with the Town Engineering
Construction Inspector the day the paving is to take place.
f. A slurry seal topping may be required by the construction inspector depending their
assessment of the quality of the trench paving. If required, the slurry s eal shall extend
the full width of the street and shall extend five (5) feet beyond the longitudinal limits of
trenching. Slurry seal materials shall be approved by the Town Engineering Construction
Inspector prior to placement. Black sand may be require d in the slurry mix. All existing
striping and pavement markings shall be replaced upon completion of slurry seal
operations. All pavement restorations shall be completed and approved by the Inspector
before occupancy.
66. SIDEWALK/CURB IN-LIEU FEE: A curb and sidewalk in-lieu fee of $10.780.00 shall be paid
prior to issuance of a building permit. This fee is based on 77 linear feet of curb at $68.00
per linear foot and 346 square feet of 4.5-foot wide sidewalk at $16.00 per square foot in
accordance with Town policy and the Town’s Comprehensive Fee Schedule. The final curb
and sidewalk in-lieu fee for this project shall be calculated using the current fee schedule
and rate schedule in effect at the time the fee is paid.
67. VALLEY GUTTER REPAIR: The Owner/Applicant shall repair and replace to existing Town
standards any valley gutter damaged now or during construction of this project. All new
and existing adjacent infrastructure must meet Town standards. New valley gutter shall be
constructed per Town Standard Details. New concrete shall be free of stamps, logos, names,
graffiti, etc. Any concrete identified that is displaying a stamp or equal shall be removed
and replaced at the Contractor’s sole expense and no additional compensation shall be
allowed therefore. The limits of valley gutter repair will be determined by the Engineering
Construction Inspector during the construction phase of the project. The improvements
must be completed and accepted by the Town before a Cert ificate of Occupancy for any
new building can be issued.
68. DRIVEWAY APPROACH: The Owner, Applicant and/or Developer shall install 1 Town
standard residential driveway approach. The new driveway approach shall be constructed
per Town Standard Plans and must be completed and accepted by the Town before a
Certificate of Occupancy for any new building can be issued. New concrete shall be free of
stamps, logos, names, graffiti, etc. Any concrete identified that is displaying a stamp or
equal shall be removed and replaced at the Contractor’s sole expense and no additional
compensation shall be allowed therefore.
69. FENCES: Fences between all adjacent parcels will need to be located on the property
lines/boundary lines. Any existing fences that encroach into the neighbor’s property will
need to be removed and replaced to the correct location of the boundary lines before a
Certificate of Occupancy for any new building can be issued. Waiver of this condition will
require signed and notarized letters from all affected neighbors.
70. CONSTRUCTION VEHICLE PARKING: Construction vehicle parking within the public right-of-
way will only be allowed if it does not cause access or safety problems as determined by the
Town.
71. TRAFFIC CONTROL PLAN: A traffic control plan is required and must be submitted and
approved by the Town Engineer prior to the issuance of an encroachment, grading or
building permit. This plan shall include, but not be limited to, the following measures:
a. Construction activities shall be strategically timed and coordinated to minimize traffic
disruption for schools, residents, businesses, special events, and other projects in the
area. The schools located on the haul route shall be contacted to help with the
coordination of the trucking operation to minimize traffic disruption.
b. Flag persons shall be placed at locations necessary to control one-way traffic flow. All flag
persons shall have the capability of communicating with each other to coordinate the
operation.
c. Prior to construction, advance notification of all affected residents and emergency
services shall be made regarding one-way operation, specifying dates and hours of
operation.
72. CONSTRUCTION TRAFFIC CONTROL: All construction traffic and related vehicular routes,
traffic control plan, and applicable pedestrian or traffic detour plans shall be submitted for
review and approval by the Town Engineer prior to the issuance of an encroachment,
grading or building permit.
73. ADVANCE NOTIFICATION: Advance notification of all affected residents and emergency
services shall be made regarding parking restriction, lane closure or road closure, with
specification of dates and hours of operation.
74. HAULING OF SOIL: Hauling of soil on- or off-site shall not occur during the morning or
evening peak periods (between 7:00 a.m. and 9:00 a.m. and between 4:00 p.m. and 6:00
p.m.), and at other times as specified by the Director of Parks and Public Works. Prior to the
issuance of a grading or building permit, the Owner and/or Applicant or their representative
shall work with the Town Building Department and Engineering Division Inspectors to devise
a traffic control plan to ensure safe and efficient traffic flow under periods when soil is
hauled on or off the project site. This may include, but is not limited to provisions for the
Owner and/or Applicant to place construction notification signs noting the dates and time
of construction and hauling activities, or providing additional traffic control. Coordination
with other significant projects in the area may also be required. Cover all trucks hauling
soil, sand and other loose debris.
75. CONSTRUCTION HOURS: All subdivision improvements and site improvements construction
activities, including the delivery of construction materials, labors, heavy equipment,
supplies, etc., shall be limited to the hours of 8:00 a.m. to 8:00 p.m., weekdays and 9:00
a.m. to 7:00 p.m. weekends and holidays. The Town may authorize, on a case-by-case basis,
alternate construction hours. The Owner, Applicant and/or Developer shall provide written
notice twenty-four (24) hours in advance of modified construction hours. Approval of this
request is at discretion of the Town.
76. CONSTRUCTION NOISE: Between the hours of 8:00 a.m. to 8:00 p.m., weekdays and 9:00
a.m. to 7:00 p.m. weekends and holidays, construction, altera tion or repair activities shall
be allowed. No individual piece of equipment shall produce a noise level exceeding eighty -
five (85) dBA at twenty-five (25) feet from the source. If the device is located within a
structure on the property, the measurement shall be made at distances as close to twenty-
five (25) feet from the device as possible. The noise level at any point outside of the
property plane shall not exceed eighty-five (85) dBA.
77. CONSTRUCTION MANAGEMENT PLAN SHEET: Prior to the issuance of any grading or
building permits, the Owner and/or Applicant’s design consultant shall submit a
construction management plan sheet (full-size) within the plan set that shall incorporate at
a minimum the Earth Movement Plan, Traffic Control Plan, Project Schedule, site security
fencing, employee parking, construction staging area, materials storage area(s),
construction trailer(s), concrete washout(s) and proposed outhouse locations. Please refer
to the Town’s Construction Management Plan Guidelines document for additional
information.
78. MAINTENANCE ACCESS: Prior to the issuance of any grading or building permits, the Owner,
Applicant and/or Developer shall propose maintenance access improvements fo r the Town
Engineer to review, comment on, and approve. The Engineering Division of the Parks and
Public Works Department shall approve the surface materials over each public easement.
79. EMERGENCY VEHICLE ACCESS: The Emergency Vehicle Access Easement (EVAE) that
traverses the Project Site shall be kept open and in a safe, drive-able condition throughout
construction. If temporary closure is needed, then formal written notice shall be provided
at least one week in advance of closure.
80. EMERGENCY VEHICLE ACCESS EASEMENT: Prior to the issuance of any grading or building
permits, the Owner, Applicant and/or Developer shall coordinate with the Santa Clara
County Fire Department to ensure that any proposed modifications to the Emergency
Vehicle Access Easement that traverses the Project Site are curvilinear, allows for the
Department’s equipment to travel across said easement, and meets all Department
specifications. Plans shall be submitted to the Santa Clara County Fire Department for
approval prior to construction.
81. WVSD (West Valley Sanitation District): Sanitary sewer laterals are televised by West Valley
Sanitation District and approved by the Town of Los Gatos before they are used. A Sanitary
Sewer Clean-out is required for each property at the property line, within one (1) foot of the
property line per West Valley Sanitation District Standard Drawing 3, or at a location
specified by the Town.
82. SANITARY SEWER BACKWATER VALVE: Drainage piping serving fixtures which have flood
level rims less than twelve (12) inches (304.8 mm) above the elevation of the next upstream
manhole and/or flushing inlet cover at the public or private sewer system serving such
drainage piping shall be protected from backflow of sewage by installing an approved type
backwater valve. Fixtures above such elevation shall not discharge through the backwater
valve, unless first approved by the Building Official. The Town shall not incur any liability or
responsibility for damage resulting from a sewer overflow where the property owner or
other person has failed to install a backwater valve as defined in the Uniform Plumbing
Code adopted by the Town and maintain such device in a functional operation condition.
Evidence of West Sanitation District’s decision on whether a backwater device is needed
shall be provided prior to the issuance of a building permit.
83. RELOCATION OF TRASH AND RECYCLING COLLECTION LOCATION: Prior to the issuance of
any permits, an approval letter from West Valley Collection & Recycling accepting the
change with the trash and recycling collection location shall be provided to the Town.
84. BEST MANAGEMENT PRACTICES (BMPs): The Owner, Applicant and/or Developer is
responsible for ensuring that all contractors are aware of all storm water quality measures
and that such measures are implemented. Best Management Practices (BMPs) shall be
maintained and be placed for all areas that have been graded or disturbed and for all
material, equipment and/or operations that need protection. Removal of BMPs (temporary
removal during construction activities) shall be replaced at the end of each working day.
Failure to comply with the construction BMP will result in the issuance of correction notices,
citations, or stop work orders.
85. NPDES STORMWATER COMPLIANCE: In the event that, during the production of
construction drawings for the plans approved with this application by the Town of Los
Gatos, it is determined that the project will create and/or replace more than 2,500 square
feet of impervious area, completion of the NPDES Stormwater Compliance Small Projects
Worksheet and implementation of at least one of the six low impact development site
design measures it specifies shall be completed and submitted to the Engineering Division
before issuance of a grading/building permit.
86. SITE DESIGN MEASURES: All projects shall incorporate at least one of the following
measures:
a. Protect sensitive areas and minimize changes to the natural topography.
b. Minimize impervious surface areas.
c. Direct roof downspouts to vegetated areas.
d. Use porous or pervious pavement surfaces on the driveway, at a minimum.
e. Use landscaping to treat stormwater.
87. EROSION CONTROL: Interim and final erosion control plans shall be prepared and submitted
to the Engineering Division of the Parks and Public Works Department. A maximum of two
(2) weeks is allowed between clearing of an area and stabilizing/building on an area if
grading is allowed during the rainy season. Interim erosion control measures, to be carried
out during construction and before installation of the final landscaping, shall be included.
Interim erosion control method shall include, but are not limited to: silt fences, fiber rolls
(with locations and details), erosion control blankets, Town standard seeding specification,
filter berms, check dams, retention basins, etc. Provide erosion control measures as
needed to protect downstream water quality during winter months. The Town of Los Gatos
Engineering Division of the Parks and Public Works Department and the Building
Department will conduct periodic NPDES inspections of the site throughout the recognized
storm season to verify compliance with the Construction General Permit and Stormwater
ordinances and regulations.
88. DUST CONTROL: Blowing dust shall be reduced by timing construction activities so that
paving and building construction begin as soon as possible after completion of grading, and
by landscaping disturbed soils as soon as possible. Further, water trucks shall be present
and in use at the construction site. All portions of the site subject to blowing d ust shall be
watered as often as deemed necessary by the Town, or a minimum of three (3) times daily,
or apply (non-toxic) soil stabilizers on all unpaved access roads, parking areas, and staging
areas at construction sites in order to insure proper control of blowing dust for the duration
of the project. Watering on public streets shall not occur. Streets shall be cleaned by street
sweepers or by hand as often as deemed necessary by the Town Engineer, or at least once a
day. Watering associated with on-site construction activity shall take place between the
hours of 8 a.m. and 5 p.m. and shall include at least one (1) late-afternoon watering to
minimize the effects of blowing dust. All public streets soiled or littered due to this
construction activity shall be cleaned and swept on a daily basis during the workweek to the
satisfaction of the Town. Demolition or earthwork activities shall be halted when wind
speeds (instantaneous gusts) exceed twenty (20) miles per hour (MPH). All trucks hauling
soil, sand, or other loose debris shall be covered.
89. AIR QUALITY: To limit the project’s construction-related dust and criteria pollutant
emissions, the following the Bay Area Air Quality Management District (BAAQMD)-
recommended basic construction measures shall be included in the project’s grading plan,
building plans, and contract specifications:
a. All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and
unpaved access roads) shall be watered two times per day, or otherwise kept dust -free.
b. All haul trucks designated for removal of excavated soil and demolition debris from site
shall be staged off-site until materials are ready for immediate loading and removal from
site.
c. All haul trucks transporting soil, sand, debris, or other loose ma terial off-site shall be
covered.
d. As practicable, all haul trucks and other large construction equipment shall be staged in
areas away from the adjacent residential homes.
e. All visible mud or dirt track-out onto adjacent public roads shall be removed using wet
power vacuum street sweepers at least once per day, or as deemed appropriate by Town
Engineer. The use of dry power sweeping is prohibited. An on-site track-out control
device is also recommended to minimize mud and dirt -track-out onto adjacent public
roads.
f. All vehicle speeds on unpaved surfaces shall be limited to fifteen (15) miles per hour.
g. All driveways and sidewalks to be paved shall be completed as soon as possible. Building
pads shall be laid as soon as possible after grading unless seeding or soil binders are used.
h. Post a publicly visible sign with the telephone number and person to contact at the lead
agency regarding dust complaints. This person shall respond and take corrective action
within forty-eight (48) hours. The Air District’s phone number shall also be visible to
ensure compliance with applicable regulations. Please provide the BAAQMD’s complaint
number on the sign: 24-hour toll-free hotline at 1-800-334-ODOR (6367).
i. All excavation, grading, and/or demolition activities shall be suspended when average
wind speeds exceed twenty (20) miles per hour.
j. Vegetative ground cover (e.g., fast-germinating native grass seed) shall be planted in
disturbed areas as soon as possible and watered appropriately until vegetation is
established.
90. DETAILING OF STORMWATER MANAGEMENT FACILITIES: Prior to the issuance of any
grading or building permits, all pertinent details of any and all proposed stormwater
management facilities, including, but not limited to, ditches, swales, pipes, bubble -ups, dry
wells, outfalls, infiltration trenches, detention basins and energy dissipaters, shall be
provided on submitted plans, reviewed by the Engineering Division of the Parks and Public
Works Department, and approved for implementation.
91. CONSTRUCTION ACTIVITIES: All construction shall conform to the latest requirements of the
CASQA Stormwater Best Management Practices Handbooks for Construction Activities and
New Development and Redevelopment, the Town's grading and erosion control ordinance,
and other generally accepted engineering practices for erosion control as required by the
Town Engineer when undertaking construction activities.
92. SITE DRAINAGE: Rainwater leaders shall be discharged to splash blocks. No through curb
drains will be allowed. Any storm drain inlets (public or private) directly connected to public
storm system shall be stenciled/signed with appropriate “NO DUMPING - Flows to Bay”
NPDES required language. On-site drainage systems for all projects shall include one of the
alternatives included in section C.3.i of the Municipal Regional NPDES Permit. These include
storm water reuse via cisterns or rain barrels, directing runoff from impervious surfaces to
vegetated areas and use of permeable surfaces. If stormwater treatment facilities are to be
used they shall be placed a minimum of ten (10) feet from the adjacent property line and/or
right-of-way. Alternatively, the facility(ies) may be located with an offset between 5 and 10
feet from the adjacent property and/or right-of-way line(s) if the responsible engineer in
charge provides a stamped and signed letter that addresses infiltration and states how
facilities, improvements and infrastructure within the Town’s right-of-way (driveway
approach, curb and gutter, etc.) and/or the adjacent property will not be adversely affected.
No improvements shall obstruct or divert runoff to the detriment of an adjacent,
downstream or down slope property.
93. OFF-SITE DRAINAGE: The Owner, Applicant and/or Developer shall construct and install a
private on-site storm drain system that is adequately sized to collect and convey adjacent
off-site tributary drainage. Hydraulic calculations for a 100 -year storm event shall provide
documentation that the proposed storm drain system can convey said off-site drainage as
well as on-site drainage during this event over, within, through and off the site, and
ultimately into the Town’s storm drain system.
94. PUBLIC STORM DRAINAGE CONVEYANCE AGREEMENT: The Owner, Applicant and/or
Developer shall enter into a Public Storm Drainage Conveyance Agreement with the Town
to allow for the conveyance of storm drainage from the adjacent public right -of-way
through the on-site private storm drain system and within the private street(s) to be
constructed with the project. The Owner, Applicant and/or Developer shall be solely
responsible for maintaining the storm drain system at all times and shall indemnify the
Town of Los Gatos. The agreement must be completed and accepted by the Town
Attorney, and an electronic copy (PDF) of the recorded agreement shall be submitted to the
Engineering Division of the Parks and Public Works Department, prior to the issuance of any
grading or building permits.
95. SILT AND MUD IN PUBLIC RIGHT-OF-WAY: It is the responsibility of Contractor and
homeowner to make sure that all dirt tracked into the public right-of-way is cleaned up on a
daily basis. Mud, silt, concrete and other construction debris SHALL NOT be washed into
the Town’s storm drains.
96. GOOD HOUSEKEEPING: Good housekeeping practices shall be observed at all time s during
the course of construction. All construction shall be diligently supervised by a person or
persons authorized to do so at all times during working hours. The Owner, Applicant and/or
Developer's representative in charge shall be at the job site during all working hours.
Failure to maintain the public right-of-way according to this condition may result in
penalties and/or the Town performing the required maintenance at the Owner, Applicant
and/or Developer's expense.
97. NEIGHBORHOOD CONSTRUCTION COMMUNICATION PLAN: Immediately upon approval of
an encroachment permit, the Owner, Applicant and/or Developer shall initiate a weekly
neighborhood email notification program to provide project status updates. The email
notices shall also be posted on a bulletin board placed in a prominent location along the
project perimeter.
98. PERMIT ISSUANCE: Permits for each phase; reclamation, landscape, and grading, shall be
issued simultaneously.
99. COVERED TRUCKS: All trucks transporting materials to and from the site shall be covered.
100. GENERAL: Review of this Developmental proposal is limited to acceptability of site
access, water supply and may include specific additional requirements as they pertain to
fire department operations, and shall not be construed as a substitute for formal pl an
review to determine compliance with adopted model codes. Prior to performing any work,
the applicant shall make application to, and receive from, the Building Department all
applicable construction permits.
101. FIRE SPRINKLERS REQUIRED: (As noted on Sheet A-1) An automatic residential fire
sprinkler system shall be installed in one- and two-family dwellings as follows: 1) In all new
one- and two-family dwellings and in existing one- and two-family dwellings when additions
are made that increase the building area to more than 3,600 SF whether by increasing the
area of the primary residence or by creation of an attached Accessory Dwelling Unit. 2) In all
new basements and in existing basements that are expanded by more than 50%. 3) In all
attached ADUs, additions or alterations to an existing one- and two-family dwelling that
have an existing fire sprinkler system. Note: A fire sprinkler system is required for the new
residence as well as the new/existing combined garage structure (the structure exceeds
1,000 square feet).
102. FIRE APPARATUS (ENGINE)ACCESS DRIVEWAY REQUIRED: (As noted on Sheet C-1)
Provide an access driveway with a paved all weather surface, a minimum unobstructed
width of 12 feet, vertical clearance of 13 feet 6 inches, minimum circulating turning r adius
of 36 feet outside and 23 feet inside, and a maximum slope of 15%. Installations shall
conform to Fire Department Standard Details and Specifications sheet D -1 and CFC Section
503.
103. WATER SUPPLY REQUIREMENTS: Potable water supplies shall be protected from
contamination caused by fire protection water supplies. It is the responsibility of the
applicant and any contractors and subcontractors to contact the water purveyor supplying
the site of such project, and to comply with the requirements of that purveyor. Such
requirements shall be incorporated into the design of any water-based fire protection
systems, and/or fire suppression water supply systems or storage containers that may be
physically connected in any manner to an appliance capable of causing c ontamination of the
potable water supply of the purveyor of record. Final approval of the system(s) under
consideration will not be granted by this office until compliance with the requirements of
the water purveyor of record are documented by that purveyo r as having been met by the
applicant(s). 2019 CFC Sec. 903.3.5 and Health and Safety Code 13114.7
104. ADDRESS IDENTIFICATION: (As noted on Sheet A-2) New and existing buildings shall
have approved address numbers, building numbers or approved building identification
placed in a position that is plainly legible and visible from the street or road fronting the
property. These numbers shall contrast with their background. Address numbers shall be
Arabic numbers or alphabetical letters. Numbers shall be a minimum of 4 inches (101.6 mm)
high with a minimum stroke width of 0.5 inch (12.7 mm). Where access is by means of a
private road and the building cannot be viewed from the public way, a monument, pole or
other sign or means shall be used to identify the structure. CFC Sec. 505.1.
105. CONSTRUCTION SITE FIRE SAFETY: (As noted on Sheet A-2) All construction sites must
comply with applicable provisions of the CFC Chapter 33 and our Standard Detail and
Specification SI-7. Provide appropriate notations on subsequent plan submittals, as
appropriate to the project. CFC Chp. 33.
106. General: This review shall not be construed to be an approval of a violation of the
provisions of the California Fire Code or of other laws or regulations of the jurisdiction. A
permit presuming to give authority to violate or cancel the provisions of the fire code or
other such laws or regulations shall not be valid. Any addition to or alteration of approved
construction documents shall be approved in advance. [CFC, Ch.1, 105.3.6]
107. General: This review shall not be construed to be an approval of a violation of the
provisions of the California Fire Code or of other laws or regulations of the jurisdiction. A
permit presuming to give authority to violate or cancel the provisions of the fire code or
other such laws or regulations shall not be valid. Any addition to or alteration of approved
construction documents shall be approved in advance. [CFC, Ch.1, 105.3.
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