Item 1.Desk Item with Exhibits 20-24.17121 Crescent
PREPARED BY: Sean Mullin, AICP
Senior Planner
Reviewed by: Planning Manager and Community Development Director
110 E. Main Street Los Gatos, CA 95030 ● 406-354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
PLANNING COMMISSION
SPECIAL MEETING REPORT
MEETING DATE: 11/21/2022
ITEM NO: 1
DESK ITEM
DATE: November 21, 2022
TO: Planning Commission
FROM: Joel Paulson, Community Development Director
SUBJECT: Requesting Approval for Construction of a New Single-Family Residence and
Site Improvements Requiring a Grading Permit and an Appeal of a Santa Clara
County Fire Department Decision Denying a Request for an Exception to the
State Minimum Fire Safe Regulations on Property Zoned HR-1. Located at
17121 Crescent Avenue. APN 532-21-007. Architecture and Site Application
S-21-021.
PROPERTY OWNERS/APPLICANTS: Eric and Lee Ann Wade.
PROJECT PLANNER: Sean Mullin.
REMARKS:
Exhibit 20 includes a letter from the applicant responding to the November 21, 2022 Staff
Report.
After further consideration, staff recommends that the Planning Commission grant the appeal
of the Santa Clara County Fire Department’s (SCCFD) decision denying a request for an
exception to the SRA/VHFHSZ Fire Safe Regulations and approve the Architecture and Site
application subject to the revised Recommended Conditions of Approval (Exhibit 22). If the
Planning Commission finds merit with the proposed project, it should:
1. Make the finding that the proposed project is Categorically Exempt, pursuant to the
adopted Guidelines for the implementation of the California Environmental Quality Act,
Section 15303: New Construction (Exhibit 21);
2. Make the finding that the project complies with the objective standards of Chapter 29 of
the Town Code (Zoning Regulations) (Exhibit 21);
3. Make the finding that due to the constraints of the site, exceptions to the depth of fill
standard, and the architectural design standard prohibiting exterior structural supports and
undersides of decks not enclosed by walls, are appropriate, and the project is otherwise in
compliance with the applicable sections of the Hillside Development Standards and
Guidelines (Exhibit 21);
PAGE 2 OF 5
SUBJECT: 17121 Crescent Drive/S-21-021
DATE: November 21, 2022
REMARKS (continued):
4. Make the finding that the project complies with the Hillside Specific Plan (Exhibit 21);
5. Make the considerations as required by Section 29.20.150 of the Town Code for granting
approval of an Architecture and Site application (Exhibit 21); and
6. Make the finding that granting the appeal of the Santa Clara County Fire Department’s
decision denying a request for an exception to the SRA/VHFHSZ Fire Safe Regulations meets
the intent of providing defensible space consistent with the SRA/VHFHSZ Fire Safe
Regulations as provided in the Statement of Reasons included in Exhibit 21;
7. Grant the appeal of the Santa Clara County Fire Department’s decision denying a request
for an exception to the SRA/VHFHSZ Fire Safe Regulations, removing Condition of Approval
#102, and adding Condition of Approval #116 as reflected in the revised Recommended
Conditions of Approval (Exhibit 22); and
8. Approve Architecture and Site Application S-21-031 with the conditions contained in Exhibit
22 and the development plans in Exhibit 18.
Pursuant to Section §1270.06 of the Fire Safe Regulations, the SCCFD has provided Exhibit 23
outlining the effects of the requested exception on wildfire protection.
A Planning Commissioner asked several questions after receiving the November 21, 2022 Staff
Report. Responses to each question are provided below in italics:
1. Condition #9 concerns front yard landscaping. Is this consistent with the owner’s
landscaping plans?
This condition is standard and is intended to ensure that any areas disturbed by
construction activities within the front yard visible from the street be landscaped prior to
final inspection. If implemented, the proposed landscape plans would satisfy this
condition.
2. Staff is recommending exceptions to the Hillside Development Standards and Guidelines
(HDS&G) regarding exposed deck posts and grading, but Condition #55 on Page 33
requires compliance with the HDS&G.
The recommended Revised Findings and Considerations (Exhibit 21) include findings for
granting the requested exceptions to the HDS&G. If the Findings and Considerations are
made as drafted and the Planning Commission approves the project with the requested
exceptions, the Condition #55 would apply to the approved project which includes the
HDS&G exceptions. This condition would not cancel out the exception if granted.
PAGE 3 OF 5
SUBJECT: 17121 Crescent Drive/S-21-021
DATE: November 21, 2022
REMARKS (continued):
3. Condition #80 on Page 36 regarding a shared maintenance agreement does not seem
applicable.
Condition #80 is a standard condition from Parks and Public Works that is not applicable
to this application and can be removed.
4. Should Condition #103 on Page 40 be amended to require a minimum width of 17 feet?
Condition #103 requires a minimum road width providing for two 10-foot traffic lanes.
In consultation with the SCCFD, the roads widths included on Sheet 17 of Exhibit 18
require third-party validation prior to Fire’s approval of the Building Permit.
5. Why is Condition #104 on Page 41 regarding the weight load capacities of roads and
driveways struck out?
See answer to #6 below.
6. Condition #105 on Page 41 regarding maximum steepness of 16% is removed. Why?
The Recommended Conditions of Approval (Exhibit 3) distributed with the Staff Report
reflect staff’s recommendation to remove all conditions related to PRC 4290 and the Fire
Safe Regulations in granting the appeal. Pursuant to the discussion above, staff has
prepared revised Conditions of Approval that include Conditions #104 and #105 and add
a condition that the project must comply with the SCCFD requirements and regulations
(Exhibit 22).
7. Condition #115 on Pages 42-43 states that there shall be no deviations from the fire
code. This is inconsistent with granting an exception for maximum driveway length.
The revised Findings and Considerations (Exhibit 21) include findings for granting the
requested appeal of the SCCFD decision denying an exception the Fire Safe Regulations.
If the Findings and Considerations are made as drafted and the Planning Commission
grants the appeal and approves the project, Condition #115 would not cancel out the
granted appeal.
PAGE 4 OF 5
SUBJECT: 17121 Crescent Drive/S-21-021
DATE: November 21, 2022
REMARKS (continued):
8. Is board and batten siding on all shown locations cementitious? (per a website, fiber
cement board and batten is a practical way to get more durable siding without
compromising the classic look of board and batten design. Fiber cement is crafted using
a unique composition of cement, sand, water and cellulose fibers.)
Yes.
9. Is the road width study available? Portions of Crescent Avenue appeared quite narrow.
The road width exhibit included on Sheet 17 of Exhibit 18 was prepared by the applicant.
In consultation with the SCCFD, third-party validation of the road widths will be required
prior to issuance of the Building Permit.
Exhibit 24 includes public comment received between 11:01 a.m., Friday, November 18, 2022,
and 11:00 a.m., Monday, November 21, 2022.
EXHIBITS:
Previously received with the November 17, 2022 Staff Report:
1. Location Map
2. Required Findings and Considerations
3. Recommended Conditions of Approval
4. Letter of Justification
5. Color and Materials Board
6. Consulting Architect’s Report
7. Applicant’s Response to Consulting Architect’s Report
8. Consulting Arborist’s Report
9. Public Resources Code 4290
10. Fire Hazard Severity Zones Map
11. SRA/VHFHSZ Fire Safe Regulations
12. SCCFD Deficiency Letter, dated May 18, 2022
13. Applicant’s Exception Request to the Fire Safe Regulations, dated May 25, 2022
14. SCCFD Denial of Applicant’s Exception Request to the Fire Safe Regulations, dated July 20,
2022
15. Crescent Hill Subdivision Map, 1929
16. Applicant’s Neighbor Outreach Effort Summary
17. Public Comments received by 11:00 a.m., Thursday, November 17, 2022
18. Development Plans
PAGE 5 OF 5
SUBJECT: 17121 Crescent Drive/S-21-021
DATE: November 21, 2022
EXHIBITS (continued):
Received with the November 17, 2022 Addendum Report:
19. Public Comment received between 11:01 a.m., Thursday November 17, 2022, and 11:00
a.m., Friday, November 18, 2022
Received with this Desk Item Report:
20. Letter from the applicant responding to the November 21, 2022 Staff Report
21. Revised Required Findings and Considerations
22. Revised Recommended Conditions of Approval
23. SCCFD statement outlining the effects of the requested exception on wildfire protection
24. Public Comment received between 11:01 a.m., Friday, November 18, 2022, and 11:00 a.m.,
Monday, November 21, 2022
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Intentionally
Left Blank
EXHIBIT 20
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PLANNING COMMISSION –November 21, 2022
REQUIRED FINDINGS & CONSIDERATIONS FOR:
17121 Crescent Drive
Architecture and Site Application S-21-021
Requesting Approval for Construction of a New Single-Family Residence and
Site Improvements Requiring a Grading Permit and an Appeal of a Santa Clara
County Fire Department Decision Denying a Request for an Exception to the
State Minimum Fire Safe Regulations on Property Zoned HR-1.
APN 532-21-007.
PROPERTY OWNERS/APPLICANTS: Eric and Lee Ann Wade
PROJECT PLANNER: Sean Mullin
FINDINGS
Required finding for CEQA:
■ The project is Categorically Exempt pursuant to the adopted Guidelines for the
Implementation of the California Environmental Quality Act, Section 15303: New
Construction or Conversion of Small Structures.
Required compliance with the Zoning Regulations:
■ The project meets the objective standards of Chapter 29 of the Town Code (Zoning
Regulations).
Required compliance with the Hillside Development Standards and Guidelines:
■ As required, that other than the exceptions to the depth of fill standard, and the
architectural design standard prohibiting exterior structural supports and
undersides of decks not enclosed by walls, the project complies with the Hillside
Development Standards and Guidelines.
Required compliance with the Hillside Specific Plan:
■ As required, the project complies with the Hillside Specific Plan.
EXHIBIT 21
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Required for Granting an Appeal of a Santa Clara County Fire Department (SCCFD) Decision
Denying an Exception to the Fire Safe Regulations (14 CCR Section 1270.06):
■ Granting the appeal meets the intent of providing defensible space consistent with
the Fire Safe Regulations for the following reasons:
• With the exception of the requirement to build a secondary access road to the
property, the project complies with Public Resources Code Section 4290, the
Fire Safe Regulations, and the conditions imposed by SCCFD, which include:
o Improvements to the primary access road to accommodate firefighting
trucks and other equipment;
o Signage;
o Adequate water supply; and
o Fuel break and greenbelt.
• Because of the existing site and road configuration and conditions,
improvements creating a secondary vehicular ingress/egress are not feasible.
• The applicant is required to improve an existing bridle path to provide a
secondary escape route for pedestrians.
• As conditioned, the project would comply with the local requirements of the
Santa Clara County Fire Department.
CONSIDERATIONS
Required 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 this project.
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PLANNING COMMISSION – November 21, 2022
CONDITIONS OF APPROVAL
17121 Crescent Drive
Architecture and Site Application S-21-021
Requesting Approval for Construction of a New Single-Family Residence and Site
Improvements Requiring a Grading Permit and an Appeal of a Santa Clara County
Fire Department Decision Denying a Request for an Exception to the State Minimum
Fire Safe Regulations on Property Zoned HR-1. APN 532-21-007.
PROPERTY OWNERS/APPLICANTS: Eric and Lee Ann Wade
PROJECT PLANNER: Sean Mullin
TO THE SATISFACTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT:
Planning Division
1. APPROVAL: This application shall be completed in accordance with all of the conditions of
approval and in substantial compliance with the approved plans. Any changes or
modifications to the approved plans and/or business operation shall be approved by the
Community Development Director, DRC or the Planning Commission depending on the
scope of the changes.
2. EXPIRATION: The approval will expire two years from the approval date pursuant to
Section 29.20.320 of the Town Code, unless the approval has been vested.
3. OUTDOOR LIGHTING: Exterior lighting shall be kept to a minimum, and shall be down
directed fixtures that will not reflect or encroach onto adjacent properties. No flood lights
shall be used unless it can be demonstrated that they are needed for safety or security.
4. TREE REMOVAL PERMIT: A Tree Removal Permit shall be obtained for any trees to be
removed, prior to the issuance of a building or grading permit.
5. EXISTING TREES: All existing trees shown on the plan and trees required to remain or to be
planted are specific subjects of approval of this plan, and must remain on the site.
6. ARBORIST REQUIREMENTS: The developer shall implement, at their cost, all
recommendations identified in the Arborist’s report for the project, on file in the
Community Development Department. These recommendations must be incorporated in
the building permit plans and completed prior to issuance of a building permit where
applicable.
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.
EXHIBIT 22
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9. FRONT YARD LANDSCAPE: Prior to issuance of a Certificate of Occupancy the front yard
must be landscaped.
10. 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.
11. 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.
12. STORY POLES: The story poles on the project site shall be removed within 30 days of
approval of the Architecture & Site application.
13. EXTERIOR COLORS: The exterior colors of all structures shall comply with the Hillside
Development Standards & Guidelines.
14. 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 materials be maintained in conformance with the Town’s Hillside Development
Standards & Guidelines.
15. EASEMENTS: Any easements required for the fire truck turnaround shall be reviewed by
the Town and recorded with the Santa Clara County Recorder prior to issuance of a
Building Permit.
16. LAND USE NEAR STREAMS: The project shall comply with the Guidelines and Standards for
Land Use Near Streams prepared by the Santa Clara Valley Water Resources Protection
Collaborative.
17. COMPLIANCE MEMORANDUM: A memorandum shall be prepared and submitted with the
building plans detailing how the Conditions of Approval will be addressed.
Building Division
18. PERMITS REQUIRED: A Building Permit is required for the construction of the new single-
family residence and attached garage. An additional Building Permit will be required for
the PV System if the system is required by the California Energy Code. Additional individual
Building Permits will be required for all other structures such as the renovation of the
existing house into the pool house, swimming pool, retaining walls supporting a surcharge,
etc..
19. 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.
20. ADVISORY COMMENT: Building Permit applications submitted after 1:00 pm on December
22, 2022, will be subject to the new 2022 California Building Codes, which take effect
January 1, 2023.
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21. 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.
22. BUILDING & SUITE NUMBERS: Submit requests for new building addresses to the Building
Division prior to submitting for the building permit application process.
23. SIZE OF PLANS: Minimum size 24” x 36”, maximum size 30” x 42”.
24. 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.
25. 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.
26. 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
27. 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.
28. 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.
29. BACKWATER VALVE: The scope of this project may require the installation of a sanitary
sewer backwater valve per Town Ordinance 6.50.025. Please provide information on the
plans if a backwater valve is required and the location of the installation. The Town of Los
Gatos Ordinance and West Valley Sanitation District (WVSD) requires backwater valves on
drainage piping serving fixtures that have flood level rims less than 12 inches above the
elevation of the next upstream manhole.
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30. HAZARDOUS FIRE ZONE: All projects in the Town of Los Gatos require Class A roof
assemblies.
31. WILDLAND-URBAN INTERFACE: This project is located in a Wildland-Urban Interface High
Fire Area and must comply with Section R337 of the 2019 California Residential Code,
Public Resources Code 4291 and California Government Code Section 51182.
32. PROVIDE DEFENSIBLE SPACE/FIRE BREAK LANDSCAPING PLAN: Prepared by a California
licensed Landscape Architect in conformance with California Public Resources Code 4291
and California Government Code Section 51182.
33. PRIOR TO FINAL INSPECTION: Provide a letter from a California licensed Landscape
Architect certifying the landscaping and vegetation clearance requirements have been
completed per the California Public Resources Code 4291 and Government Code Section
51182.
34. 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.
35. 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.
36. 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
37. 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’s representative in charge shall be at the job site during all
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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’s expense.
38. 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.
39. 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 (
https://www.losgatosca.gov/1088/Town-Engineering-Standards).
40. PRIOR APPROVALS: All conditions per prior approvals shall be deemed in full force and
affect for this approval.
41. 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 to obtain any necessary encroachment permits from affected
agencies and private parties, including but not limited to, Pacific Gas and Electric (PG&E),
AT&T, Comcast, Santa Clara Valley Water District, California Department of Transportation
(Caltrans). Copies of any approvals or permits must be submitted to the Town Engineering
Division of the Parks and Public Works Department prior to releasing any permit.
42. PRIVATE IMPROVEMENTS IN THE PUBLIC RIGHT-OF-WAY (INDEMNITY AGREEMENT): The
property owner shall enter into an agreement with the Town for all existing and proposed
private improvements within the Town’s right-of-way. The Owner shall be solely
responsible for maintaining the improvements in a good and safe condition at all times and
shall indemnify the Town of Los Gatos. The agreement must be completed and accepted
by the Director of Parks and Public Works, and subsequently recorded by the Town Clerk at
the Santa Clara County Office of the Clerk-Recorder, prior to the issuance of any grading or
building permits. Please note that this process may take approximately six to eight (6-8)
weeks.
43. 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.
44. PUBLIC WORKS INSPECTIONS: The Owner 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.
45. SITE SUPERVISION: The General Contractor shall provide qualified supervision on the job
site at all times during construction.
46. STREET 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.
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47. 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.
48. INSPECTION FEES: Inspection fees shall be deposited with the Town prior to the issuance of
any grading or building permits.
49. 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’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.
50. 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.
51. 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 and the appeal period has passed, the grading
permit application with grading plans and requisite materials shall be submitted via email
to the PPW engineer assigned to the A&S review. Plan check fees (determined after initial
submittal) shall be sent to the Engineering Division of the Parks and Public Works
Department located at 41 Miles Avenue. The grading plans shall include final grading,
drainage, retaining wall location(s), driveway, utilities and 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’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 footprint.
52. 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, 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 Application would need to be submitted
by the Owner for review and approval by the Development Review Committee prior to
applying for a grading permit.
53. 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.
54. GRADING ACTIVITY RESTRICTIONS: Upon receipt of a grading permit, any and all grading
activities and operations shall not occur during the rainy season, as defined by Town Code
of the Town of Los Gatos, Sec. 12.10.020, (October 15-April 15), has ended.
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55. COMPLIANCE WITH HILLSIDE DEVELOPMENT STANDARDS AND GUIDELINES: All grading
activities and operations shall be in compliance with Section III of the Town’s Hillside
Development Standards and Guidelines. All development shall be in compliance with
Section II of the Town’s Hillside Development Standards and Guidelines.
56. DRIVEWAY: The driveway conform to existing pavement on Crescent Drive shall be
constructed in a manner such that the existing drainage patterns will not be obstructed.
57. CONSTRUCTION EASEMENT: Prior to the issuance of a grading or building permit, it shall be
the sole responsibility of the Owner 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.
58. TREE REMOVAL: Copies of all necessary tree removal permits shall be provided prior to the
issuance of a building permit. An arborist report may be necessary.
59. SURVEYING CONTROLS: Horizontal and vertical controls shall be set and certified by a
licensed surveyor or registered civil engineer qualified to practice land surveying, for the
following items:
a. Retaining wall: top of wall elevations and locations.
b. Toe and top of cut and fill slopes.
60. 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, 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.
61. RETAINING WALLS: A building permit, issued by the Building Department, located at 110 E.
Main Street, may be required for site retaining walls. Walls are not reviewed or approved
by the Engineering Division of Parks and Public Works during the grading permit plan
review process.
62. PROXIMITY OF RETAINING WALLS TO ADJACENT BUILDINGS: Prior to the issuance of a
grading or building permit, structural details for the proposed retaining walls located
immediately adjacent to or in the immediate vicinity of existing buildings on adjoining lots
shall be submitted confirming that said walls will not negatively affect the structural
integrity of these buildings.
63. 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.
64. SOILS REVIEW: Prior to issuance of a building permit, the Owner’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, and subsequent approval by the Town.
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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’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’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).
65. SOILS ENGINEER CONSTRUCTION OBSERVATION: During construction, all excavations and
grading shall be inspected by the Owner’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’s soils
engineer and submitted to the Town before a certificate of occupancy is granted.
66. 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’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.
67. SUPPLEMENTAL GEOLOGIC AND GEOTECHNICAL STUDIES: Supplemental geologic and
geotechnical engineering studies shall be performed in support of the design of the
infrastructure and the building type, and the reports and plans shall be submitted to the
Town for review.
68. WATER METER: The existing water meter, currently located within the Crescent Drive right-
of-way, shall be relocated within the property in question, directly behind the public right-
of-way line. The Owner shall repair and replace to existing Town standards any portion of
concrete flatwork within said right-of-way that is damaged during this activity prior to
issuance of a certificate of occupancy.
69. SANITARY SEWER CLEANOUT: The existing sanitary sewer cleanout, currently located
within the Crescent Drive right-of-way, shall be relocated within the property in question,
within one (1) foot of the property line per West Valley Sanitation District Standard
Drawing 3, or at a location specified by the Town. The Owner shall repair and replace to
existing Town standards any portion of concrete flatwork within said right-of-way that is
damaged during this activity prior to issuance of a certificate of occupancy.
70. DRIVEWAY APPROACH: The Owner shall install a 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.
71. 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.
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72. ON-SITE/OFF-SITE PARKING: Parking spaces shall be paved with a compacted base not less
than four (4) inches thick, surfaced with asphaltic concrete or Portland cement concrete
pavement or other surfacing (e.g.: permeable paving materials, interlocking pavers and
ribbon strip driveways) approved by the Town Engineer.
73. SIGHT DISTANCE STUDY: Prior to grading/building permit approval, the Owner shall have a
traffic engineer prepare and submit a sight distance analysis for review by the Town staff
along with a review fee of $189.00.
74. 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.
75. 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.
76. CONSTRUCTION HOURS: All 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 6:00 p.m., weekdays and 9:00 a.m. to 4:00 p.m. Saturdays. The
Town may authorize, on a case-by-case basis, alternate construction hours. The Owner
shall provide written notice twenty-four (24) hours in advance of modified construction
hours. Approval of this request is at discretion of the Town.
77. CONSTRUCTION NOISE: Between the hours of 8:00 a.m. to 6:00 p.m., weekdays and 9:00
a.m. to 4:00 p.m. Saturdays, construction, alteration or repair activities shall be allowed.
No individual piece of equipment shall produce a noise level exceeding eighty-five (85) dBA
at twenty-five (25) feet from the source. If the device is located within a structure on the
property, the measurement shall be made at distances as close to twenty-five (25) feet
from the device as possible. The noise level at any point outside of the property plane
shall not exceed eighty-five (85) dBA.
78. 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, 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
(https://www.losgatosca.gov/DocumentCenter/View/17600/Construction-Management-
Plan-Guidelines?bidId=).
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79. MAINTENANCE ACCESS: Prior to the issuance of any grading or building permits, the Owner
shall propose maintenance access improvements for 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.
80. SHARED MAINTENANCE AGREEMENT: The Owner shall record a shared Maintenance
Agreement at the time of recordation of the Parcel/Final Map. The shared Maintenance
Agreement shall be subject to the review and approval of the Town prior to recordation of
the parcel map. The owners of the number (#) properties shall be responsible for the
maintenance of all private utilities, wildland fire and buffer areas, storm water treatment
facilities (including the bioretention area(s)) landscape areas, the long term maintenance
the fences located on the boundary line, and other common areas/facilities within the
proposed subdivision. The owners of the number (#) properties shall be responsible for
keeping the shared driveway signed, marked, free and clear for fire department access.
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 POOL EQUIPMENT FACILITIES: Prior to the issuance of any permits, an
approval letter from West Valley Sanitation District accepting the relocated pool
equipment facilities shall be provided to the Town.
STORMWATER MANAGEMENT:
84. BEST MANAGEMENT PRACTICES (BMPs): The Owner 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.
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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. UNLAWFUL DISCHARGES: It is unlawful to discharge any wastewater, or cause hazardous
domestic waste materials to be deposited in such a manner or location as to constitute a
threatened discharge, into storm drains, gutters, creeks or the San Francisco Bay. Unlawful
discharges to storm drains include, but are not limited to: discharges from toilets, sinks,
industrial processes, cooling systems, boilers, fabric cleaning, equipment cleaning or
vehicle cleaning.
88. LANDSCAPING: In finalizing the landscape plan for the biotreatment area(s), it is
recommended that the landscape architect ensure that the characteristics of the selected
plants are similar to those of the plants listed for use in bioretention areas in Appendix D of
the Santa Clara Valley Urban Runoff Pollution Prevention Program (SCVURPPP) C.3
Stormwater Handbook.
89. 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.
90. DUST CONTROL: Blowing dust shall be reduced by timing construction activities so that
paving and building construction begin as soon as possible after completion of grading, and
by landscaping disturbed soils as soon as possible. Further, water trucks shall be present
and in use at the construction site. All portions of the site subject to blowing dust shall be
watered as often as deemed necessary by the Town, or a minimum of three (3) times daily,
or apply (non-toxic) soil stabilizers on all unpaved access roads, parking areas, and staging
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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.
91. AIR QUALITY: To limit the project’s construction-related dust and criteria pollutant
emissions, the following the Bay Area Air Quality Management District (BAAQMD)-
recommended basic construction measures shall be included in the project’s grading plan,
building plans, and contract specifications:
a. All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and
unpaved access roads) shall be watered two times per day, or otherwise kept dust-free.
b. All haul trucks designated for removal of excavated soil and demolition debris from site
shall be staged off-site until materials are ready for immediate loading and removal
from site.
c. All haul trucks transporting soil, sand, debris, or other loose material off-site shall be
covered.
d. As practicable, all haul trucks and other large construction equipment shall be staged in
areas away from the adjacent residential homes.
e. All visible mud or dirt track-out onto adjacent public roads shall be removed using wet
power vacuum street sweepers at least once per day, or as deemed appropriate by
Town Engineer. The use of dry power sweeping is prohibited. An on-site track-out
control device is also recommended to minimize mud and dirt-track-out onto adjacent
public roads.
f. All vehicle speeds on unpaved surfaces shall be limited to fifteen (15) miles per hour.
g. All driveways and sidewalks to be paved shall be completed as soon as possible.
Building pads shall be laid as soon as possible after grading unless seeding or soil
binders are used.
h. Post a publicly visible sign with the telephone number and person to contact at the
lead agency regarding dust complaints. This person shall respond and take corrective
action within forty-eight (48) hours. The Air District’s phone number shall also be
visible to ensure compliance with applicable regulations. Please provide the
BAAQMD’s complaint number on the sign: 24-hour toll-free hotline at 1-800-334-ODOR
(6367).
i. All excavation, grading, and/or demolition activities shall be suspended when average
wind speeds exceed twenty (20) miles per hour.
j. Vegetative ground cover (e.g., fast-germinating native grass seed) shall be planted in
disturbed areas as soon as possible and watered appropriately until vegetation is
established.
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92. CONSTRUCTION ACTIVITIES: All construction shall conform to the latest requirements of
the CASQA Stormwater Best Management Practices Handbooks for Construction Activities
and New Development and Redevelopment, the Town's grading and erosion control
ordinance, and other generally accepted engineering practices for erosion control as
required by the Town Engineer when undertaking construction activities.
93. WATER FEATURES: New swimming pools, hot tubs, spas and/or fountains shall have a
connection to the sanitary sewer system, subject to West Valley Sanitation District’s
authority and standards, to facilitate draining events. Discharges from this/these
feature(s) shall be directed to the sanitary sewer and are not allowed into the storm drain
system.
94. 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.
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 times during
the course of construction. All construction shall be diligently supervised by a person or
persons authorized to do so at all times during working hours. The Owner’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’s expense.
97. NEIGHBORHOOD CONSTRUCTION COMMUNICATION PLAN: Immediately upon approval of
an encroachment permit, the Owner 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.
TO THE SATISFACTION OF THE SANTA CLARA COUNTY FIRE DEPARTMENT:
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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 plan review
to determine compliance with adopted model codes. Prior to performing any work, the
applicant shall make application to, and receive from, the Building Department all
applicable construction permits.
101. GENERAL: The subject property is located within the Very High Fire Hazard Severity Zone
(VHFHSZ) of the Local Responsibility Area (LRA). Pursuant to California Public Resources
Code (PRC) 4290, the California Board of Forestry and Fire Protection is required to
“…adopt regulations implementing minimum fire safety standards related to defensible
space” applicable to “the perimeters and access to all residential, commercial, and
industrial building construction.” In 2018, the Legislature passed and the Governor signed
SB 901 (Dodd), which expanded the applicability of the regulations promulgated under PRC
4290 to land in the Local Responsibility Area (LRA) Very High Fire Hazard Severity Zone. All
comments below that result from PRC 4290 are identified by **.
102. ** DEAD-END ROADS: (a) The maximum length of a dead-end road, including all dead-end
roads accessed from that dead-end road, shall not exceed the following cumulative
lengths, regardless of the number of parcels served: parcels zoned for less than one acre -
800 feet. Parcels zoned for 1 acre to 4.99 acres - 1,320 feet. Parcels zoned for 5 acres to
19.99 acres - 2,640 feet. Parcels zoned for 20 acres or larger - 5,280 feet. All lengths shall
be measured from the edge of the road surface at the intersection that begins the road to
the end of the road surface at its farthest point. Where a dead-end road crosses areas of
differing zoned parcel sizes requiring different length limits, the shortest allowable length
shall apply. California Code of Regulations, Title 14, Division 1.5, Chapter 7, Subchapter 2,
Articles 1-5, § 1273.08. This parcel is located within the Very High Fire Hazard Severity Zone
and the dead-end access road exceeds the maximum length of 800 feet. Current PRC 4290
regulations remain in effect. The proposed Safe Civilian Access Route doesn't provide for
vehicle travel and therefore doesn't meet same practical effect. This request for exemption
is not accepted.
103. **WIDTH: (a) All roads shall be constructed to provide a minimum of two ten (10) foot
traffic lanes, not including shoulder and striping. These traffic lanes shall provide for two-
way traffic flow to support emergency vehicle and civilian egress, unless other standards
are provided in this article or additional requirements are mandated by local jurisdictions
or local subdivision requirements. Vertical clearances shall conform to the requirements in
California Vehicle Code section 35250. (b) All one- way roads shall be constructed to
provide a minimum of one twelve (12) foot traffic lane, not including shoulders. The local
jurisdiction may approve one-way roads. (1) All one-way roads shall, at both ends, connect
to a road with two traffic lanes providing for travel in different directions, and shall provide
access to an area currently zoned for no more than ten (10) residential units. (2) In no case
shall a one-way road exceed 2,640 feet in length. A turnout shall be placed and
constructed at approximately the midpoint of each one-way road. (c) All driveways shall be
constructed to provide a minimum of one (1) ten (10) foot traffic lane, fourteen (14) feet
unobstructed horizontal clearance, and unobstructed vertical clearance of thirteen feet, six
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inches (13' 6”). California Code of Regulations, Title 14, Division 1.5, Chapter 7, Subchapter
2 Articles 1-5, § 1273.01. 20 ft roadway is required from both Cypress Way & S Kennedy Rd
to the proposed residence. On sheet 17, the roadway width doesn't comply with PRC 4290.
104. **ROAD SURFACES: (As Noted on Sheet 17) (a) Roads shall be designed and maintained to
support the imposed load of fire apparatus weighing at least 75,000 pounds and provide an
aggregate base. (b) Driveways and road and driveway structures shall be designed and
maintained to support at least 40,000 pounds. (c) Project proponent shall provide
engineering specifications to support design, if requested by the local authority having
jurisdiction. California Code of Regulations, Title 14, Division 1.5, Chapter 7, Subchapter 2,
Articles 1-5, § 1273.02.
105. **GRADES: (As Noted on Sheet 17) (a) At no point shall the grade for all roads and
driveways exceed 16 percent. (b) The grade may exceed 16%, not to exceed 20%, with
approval from the local authority having jurisdiction and with mitigations to provide for
same practical effect. California Code of Regulations, Title 14, Division 1.5, Chapter 7,
Subchapter 2, Articles 1-5, § 1273.03.
106. **RADIUS: (As Noted on Sheet 17) (a) No road or road structure shall have a horizontal
inside radius of curvature of less than fifty (50) feet. An additional surface width of four (4)
feet shall be added to curves of 50-100 feet radius; two (2) feet to those from 100-200
feet. (b) The length of vertical curves in roadways, exclusive of gutters, ditches, and
drainage structures designed to hold or divert water, shall be not less than one hundred
(100) feet. California Code of Regulations, Title 14, Division 1.5, Chapter 7, Subchapter 2,
Articles 1-5, § 1273.04.
107. FIRE SPRINKLERS REQUIRED: An automatic residential fire sprinkler system shall be
installed in one- and two-family dwellings as follows: 1) In all new one- and two-family
dwellings and in existing one- and two-family dwellings when additions are made that
increase the building area to more than 3,600 SF whether by increasing the area of the
primary residence or by creation of an attached Accessory Dwelling Unit. 2) In all new
basements and in existing basements that are expanded by more than 50%. 3) In all
attached ADUs, additions or alterations to an existing one- and two-family dwelling that
have an existing fire sprinkler system. Exceptions: 1) One or more additions made to a
building after January 1, 2011 that does not total more than 1,000 square feet of building
area and meets all access and water supply requirements of Chapter 5 and Appendix B and
C of the 2019 California Fire Code. 2) Detached Accessory Dwelling Units, provided that all
of the following are met: a) The unit meets the definition of an Accessory Dwelling Unit as
defined in the Government Code Section 65852.2. b) The existing primary residence does
not have automatic fire sprinklers. c) The detached ADU does not exceed 1,200 square feet
in size. d) The unit is on the same lot as the primary residence. e) The unit meets all access
and water supply requirements of Chapter 5 and Appendix B and C of the 2019 California
Fire Code. Residence, pool house & ADU require sprinklers. Clearly identify intent to install
residential fire sprinkler in all structures on sheet A0.0.
108. REQUIRED FIRE FLOW: The minimum require fireflow for this project is 875 Gallons Per
Minute (GPM) at 20 psi residual pressure. This fireflow assumes installation of automatic
fire sprinklers per CFC [903.3.1.3]
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109. FIRE APPARATUS (ENGINE) TURNAROUND REQUIRED: Provide an approved fire apparatus
(engine) turnaround with a minimum radius of 36 feet outside and 23 feet inside.
Maximum grade in any direction shall be a maximum of 5%. Installations shall conform
with Fire Department Standard Details and Specifications D-1. CFC Sec. 503. Sheet 3
reflects alternate turnaround to SCCFD D-1 standard. Provide graphic design analysis,
such as "Autoturn" to demonstrate equivalency.
110. FIRE APPARATUS (ENGINE) ACCESS ROADWAY REQUIRED: Provide an access roadway with
a paved all-weather surface, a minimum unobstructed width of 20 feet, vertical clearance
of 13 feet 6 inches, minimum circulating turning radius of 42 feet outside, and a maximum
slope of 15%. Surface shall be capable of supporting 75,000 pounds. Installations shall
conform to Fire Department Standard Details and Specifications sheet A-1. CFC Sec. 503.
20 ft roadway is required. On sheet 17, the roadway width doesn't comply.
111. WATER SUPPLY REQUIREMENTS: Potable water supplies shall be protected from
contamination caused by fire protection water supplies. It is the responsibility of the
applicant and any contractors and subcontractors to contact the water purveyor supplying
the site of such project, and to comply with the requirements of that purveyor. Such
requirements shall be incorporated into the design of any water-based fire protection
systems, and/or fire suppression water supply systems or storage containers that may be
physically connected in any manner to an appliance capable of causing contamination of
the potable water supply of the purveyor of record. Final approval of the system(s) under
consideration will not be granted by this office until compliance with the requirements of
the water purveyor of record are documented by that purveyor as having been met by the
applicant(s). 2019 CFC Sec. 903.3.5 and Health and Safety Code 13114.7.
112. ADDRESS IDENTIFICATION: New and existing buildings shall have approved address
numbers, building numbers or approved building identification placed in a position that is
plainly legible and visible from the street or road fronting the property. These numbers
shall contrast with their background. Where required by the fire code official, address
numbers shall be provided in additional approved locations to facilitate emergency
response. Address numbers shall be Arabic numbers or alphabetical letters. Numbers shall
be a minimum of 4 inches (101.6 mm) high with a minimum stroke width of 0.5 inch (12.7
mm). Where access is by means of a private road and the building cannot be viewed from
the public way, a monument, pole or other sign or means shall be used to identify the
structure. Address numbers shall be maintained. CFC Sec. 505.1.
113. CONSTRUCTION SITE FIRE SAFETY: All construction sites must comply with applicable
provisions of the CFC Chapter 33 and our Standard Detail and Specification S1-7. Provide
appropriate notations on subsequent plan submittals, as appropriate to the project. CFC
Chp. 33.
114. WILDLAND-URBAN INTERFACE: This project is located within the designated Wildland-
Urban Interface Fire Area. The building construction shall comply with the provisions of
California Building Code (CBC) Chapter 7A. Note that vegetation clearance shall be in
compliance with CBC Section 701A.3.2.4 prior to project final approval. Check with the
Planning Department for related landscape plan requirements.
115. 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
S:\PLANNING COMMISSION REPORTS\2022\11-21-2022 (Special Meeting)\Item 1 - 17121 Crescent Drive\Desk Item\Exhibit 22 - Revised
Recommended Conditions of Approval .docx
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]
116. SANTA CLARA COUNTY FIRE DEPARTMENT REGULATIONS: The applicant shall work with
the Santa Clara County Fire Department to ensure compliance with the local fire
department requirements and regulations.
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Serving Santa Clara County and the communities of Campbell, Cupertino, Los Altos,
Los Altos Hills, Los Gatos, Monte Sereno, and Saratoga.
November 21, 2022
Joel Paulson, Town of Los Gatos Community Development Director
110 E. Main Street
Los Gatos, CA 95030
Re: Appeal to Exception Denial for State Minimum Fire Safe Regulation for Property
Located at 17121 Crescent Drive, APN 532-21-007
Dear Mr. Paulson,
This letter offers comments on the above-referenced appeal of the Santa Clara County
Fire Department’s (SCCFD) denial of an exception to the State Minimum Fire Safe
Regulations. SCCFD’s position on this project is summarized in its AMMR comments
and has not changed.
SCCFD staff have worked closely with the applicant over several months and regret that
the project has not met the minimum standards for approval. The single outstanding
deficiency is the length of the dead-end road, which does not satisfy the required
Minimum Fire Safe Regulations. The location of the project on Crescent Drive is over
twice the allowable distance for the property increasing the risk of entrapment of civilian
and first responders during evacuation using approved emergency vehicle access
roads.
The materials submitted in support of this appeal and the corresponding Staff Report
raise several other issues. First, the applicant has not explained the methodology used
to develop the $4.5 million estimate for improvements to the bridal path. The Staff
Report relies heavily on the $4.5 million estimate, but the applicant has not offered any
materials from a qualified engineer or equivalent professional to support it.
Second, the applicant incorrectly states that SCCFD is the only fire safety department in
California interpreting and applying the Fire Safe standards to include existing roads.
The Santa Clara Unit of CALFire also applies the Fire Safe Regulation to include
existing roads.
Next, the analysis in the Staff Report does not properly consider the current value of the
subject property, which includes the value of the existing home. SCCFD and the Town
have also approved the construction of an ADU on the property, and the applicant can
move forward with the ADU with the existing structure in place.
EXHIBIT 23
Serving Santa Clara County and the communities of Campbell, Cupertino, Los Altos,
Los Altos Hills, Los Gatos, Monte Sereno, and Saratoga.
Finally, the proposed resolution of this appeal lacks clarity about the next steps for this
project. If the appeal is granted, the Town should provide clear direction for any
subsequent review by SCCFD and should reference appropriate state or local fire safety
standards consistent with California law. SCCFD staff will be present at the Planning
Commission’s special meeting and will be prepared to respond to questions.
Respectfully,
Hector Estrada
Deputy Chief
From: Carol Muser
Sent: Monday, November 21, 2022 9:38 AM
To: Planning <Planning@losgatosca.gov>
Subject: SPECIAL MEETING AGENDA NOVEMBER 21, 2022
EXTERNAL SENDER
To the Town of Los Gatos Planning Commission,
Thank you for strongly encouraging my active participation in the public process.
In regard to the agenda of today's meeting,
I am writing to express my belief that State Minimum Fire Safe Regulations should be upheld
without this exception.
I am also writing to express my belief that Maximum Height for Visible Homes in the Hillsides
should not be exceeded.
Regards,
Carol Muser
Los Gatos, CA
EXHIBIT 24
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