11 Desk Item - 13 New Single Family Residences
DATE: TO: FROM: COUNCIL AGENDA REPORT March 15,2004 ORRY P. KORB, TOWN MEETING DATE: ITEM NO: DESK/TEM 3/15/04 11 SUBJECT: RESOLUTION
GRANTING IN PART AND DENYING IN PART APPEALS OFAPLANNINGCOMMISSIONDECISIONAPPROVING 13NEWSINGLE FAMILY RESIDENCES WITHIN AN APPROVED PLANNED DEVELOPMENT .ON PROPERTY ZONED HR-5:PD. PROJECT.
APPLICATION: S-02-088 THROUGH S-02-100. PROPERTY LOCATION: 17101 HICKS ROAD. PROPERTY OWNER: THE DAGNEY GROUP, LLC. APPLICANT: GREENBRIAR HOMES COMMUNITIES, INC. APPELLANTS: . GREENBRIAR
HOMES COMMUNITIES, INC. (ALL APPLICATIONS) AND MIKE AJLOUNY (S-02-99) One ofthe points raised by appellant Mike Ajlouny was that the two story structure approved for Lot 12 should be
prohibited or exchanged with the one story structure approved for Lot 13. This was rejected by Council. The draft resolution previously distributed reflects that decision. Today representatives
ofthe applicant, Greenbriar Homes Communities, Inc., contacted the Town and requested that the resolution provide the applicant the ability to switch the two story structure on Lot 12
with the one story structure on Lot 13. The attached resolution, while not ordering the change, leaves it to the discretion of the applicant subject to the approval of staff. The change
is reflected in the addition of sentence in paragraph EA ofthe resolution. Attachments: Resolution PREPARED BY: ORRYP. KORB, TOWN ATTORNEY OPK:LMBlwp [N:\ATY\Greenbriar.dskitemwpd] Reviewed
by: Town Manager Finance Rev: 3/15/04 12:22 pm Reformatted: 7/19/99 ,?:::>"\J Assistant Town Manager c--Community Development Clerk File# 301-05
RESOLUTION RESOLUTION GRANTING IN PART AND DENYING IN PART APPEALS OF A PLANNING COMMISSION DECISION APPROVING 13 NEW SINGLE FAMILY RESIDENCES WITHIN AN APPROVED PLANNED DEVELOPMENT
ON PROPERTY ZONED HR-5:PD. PROJECT APPLICATION: S-02-088 THROUGH S-02-100 PROPERTY LOCATION: 17101 HICKS ROAD PROPERTY OWNER: THE DAGNEY GROUP, LLC APPLICANT: GREENBRIAR HOMES COMMUNITIES,
INC. APPELLANTS: GREENBRIAR HOMES COMMUNITIES, INC. (ALL APPLICATIONS) . AND MIKE AJLOUNY (S-02-99) WHEREAS: A. This matter came before Council for public hearing on March 1, 2004, on
appeals by appellants Greenbiar Homes Communities, Inc. and Mike Ajlouny from a decision ofthe Planning Commission and was regularly noticed in conformance with State and Town law. B.
Council received testimony and documentary evidence from the appellant and all interestedpersons who wished to testify or submit documents. considered all testimony and
materials submitted, including the record ofthe Planning Commission proceedings and the packet 'of material contained in the Council.Agenda Report dated February 24, 2004, Desk Item
dated March 1, 2004, along with subsequent reports and materials prepared concerning this application. C. The applicant, appellant GreenbriarHomes, is requesting approval ofarchitecture
and site applications to construct 13 new single family homes ofdifferent designs on 80.3 acres located at the intersection ofShannon and Hicks Roads. The designs include variations
in architectural style, height, lighting fixtures, exterior materials and color schemes.. On January 14,2004, the Planning Commission considered the architecture and site applications
and approved the applications with conditions. 1
D. The appellants each allege that the Planning Commission erred or abused its discretion and that the decision was not based on evidence in the record. E. Council fInds as follows:
1. Pursuant to Town Code section 29.20.300 the issues raised by appellants involve the interpretation ofthe approved planned development ordinance and, therefore, concern issues or policy
over which the Commission did not have discretion to modifyor address, but which are vested in the Council for modifIcation or decision. 2. According to the testimonyofappellant Greenbriar,
the square foot exemption for the proposed garage is inadequate to comfortably house a vehicle for afamily with dependent children, therefore appellant Greenbriar should be allowed a
maximum 795-799 square foot credit for garages. 3. The proposed entrymarkers without signs are consistent with the rural nature ofthe area inwhich the project is located and should be
perrilitted as desiredbyappellant Greenbriar, but project signs are not permitted. 4. Appellant Appellant Ajlouny's request that Council prohibit a second story on the residence on Lot
12 is denied, however Council notes testimony by the applicant stating a willingness to consider relocating the second story on the residence on Lot 12, and suggests that the applicant
consider doing so. Subject to the approval of staff, the applicant may also consider switching the two story structure approved for Lot 12 with the one story structure approved for Lot
13. 5. Appellant Ajlouny's request that Council relocate the equestrian parking lot is denied, however Council further directs staffto study access and security issues raised during
the2
public hearing and report back to Council in a fonn deemed appropriate by the Town Manager. 6. Appellant Ajlouny's request's that the applicant beordered to extend services and utilities
to appellant's property is denied. However, the applicant has stated on the record that r it is willing to grant utility easements at no cost to neighbors, including appellant Ajlouny,
and that it will extend those services and utilities underground to neighboring properties at the expense ofthe neighbors that desire to pay the costs ofdoing so, including appellant
Ajlouny. 7. Appellant Ajlouny's other requests, including but not limited to lesser square foot credits for garages than approved herein and the removal ofpoles on Hicks Road, are denied.
8. All other conditions of approval shall apply as approved by the Planning Commission. 9. Pursuant to Town Code section 29.20.150, the considerations for approval of Architecture and
Site applications have been made. RESOLVED: 1. The appeal ofGreenbriar ofthe decision ofthe Planning CommissiononArchitecture and Site Applications S-02-088 through S-02-100 is granted
consistent with the contents of this resolution. Revised Conditions ofApproval, attached hereto as Exhibit A, are hereby applied to this approval. 2. The appeal ofAjlouny ofthe decision
ofthe Planning Commission on Architecture and Site Application S-02-99 is denied, except that the applicant is required to provide service and utility easements to neighboring properties,
including appellant Ajloully. 3. The decision constitutes a final administrative decision pursuant to Code of Civil Procedure section 1094.6 as adopted by Section 1.10.085 of the Town
Code of the Town of Los3
Gatos. Any application for judicial relieffrom this decision must be sought within the time limits and pursuant to the procedures established by Code of Civil Procedure Section 1094.6,
or such shorter time as required by state or federal law. PASSED AND ADOPTED at a regular meeting ofthe Town Council of the Town: of Los Gatos, California held on the COUNCIL MEMBERS:
AYES: NAYS: ABSENT: ABSTAIN: ATTEST day of SIGNED: , 2004 by the following vote. MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA CLERK. OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA
N:IATY\Greenbriar.2ndversion.RES.wpd 4
CONDITIONS OF APPROVAL TOWN COUNCIL -March 1, 2004 17101 Hicks Road Architecture and Site Applications S-02-088 through S-02-100 Requesting approval of 13 new single family residences
within an approved Planned Development on property zoned HR-5:PD. PROPERTY OWNER: The Dagney Group, LLC APPLICANT: Greenbriar Homes Communities, Inc. TO THE SATISFACTION OF THE DIRECTOR
OF COMMUNITY DEVELOPMENT: c. b. Plan'ning Division 1. APPROVAL: This application shall be completed in accordancewith all ofthe conditions of approval listed below and in substantial
compliance with the plans approved and noted as Exhibit I in the Report to the Planning Commission dated January 14,2004. Anychanges or modifications to the approved plans shall be approved
by the Community Development Director or the Planning Commission depending on the scope ofthe change(s). EXPIRATION OF APPROVAL. The Architecture and Site applications will expire two
years from the date of approval unless the approval is used before expiration. Section 29.20.335 defines what constitutes the use of an approval granted under the Zoning Ordinance. PLANNED
DEVELOPMENT CONDITIONS. The conditions of approval of Planned Development Ordinance 2097 are fully incorporated herein conditions ofapproval ofthis application, except as specifically
modified by these conditions of approval. DEED RESTRICTION: Prior to 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 paint colors to be maintained in conformance with the Town's HillsideDevelopment ' Standards. LANDSCAPE RULES & GUIDELINES. The Landscape
Rules & Guidelines shall be incorporated into the CC&R's and shall be provided to all home buyers. The following changes shall be incorporated into the document: a. Front yard landscaping
shall be installed within three months of close of escrow or issuance of an occupancy permit, whichever is later. Ifan alternate landscape plan is proposed by a buyer, the front yard
landscaping shall be installed within three months of approval ofthe plan by the Town. Landscape plans shall be approved by the Development Review Committee if a grading permit is required.
Otherwise, the plan shall be subj ect to the approval ofthe Director of Community Development. d. Landscaping shall be informal and natural in design. LANDSCAPE PLANS. Hardscape shall
be limited to the satisfaction of the Director of Community Development. Required trees, as specified by the Town's Consulting Arborist, shall be planted by the developer prior to final
inspection. The remainder ofthe front yard landscaping may either be installed by the developer or home buyer per the approved . landscape plans (within three months of close of escrow
or from the date ofissuance of an 3. 4. 5. 2. 6.
occupancy pennit, whichever is later). If an alternate landscape plan is proposed by the buyer, the plan shall be approved by the Community Development Director prior to installation,
and the landscaping shall be installed within three months ofplan approval by the Town. Rear yard landscape plans shall be approved by the Community Development Director, or by the Development
Review Committee if a grading pennit is required. If the front yard,landscaping is not installed prior to final inspection, a perfonnance bond of an amount to be detennmed bythe Director
ofCommunity Development shall he paid priOJ; to issuance ofan occupancy pennit. The perforplance bond will be held by the Town until the landscaping installation is complete. 7. OUTDOOR
LIGHTiNG. Outdoor lighting shall be the minimum needed for pedestrian safety and security. Lighting plans shall be approved by the Community Development Department for compliance. All
outdoor lighting shall be down directed and shall not reflect or encroach on neighboring neighboring properties. Outdoor lighting restrictions shall beincludecI in the CC&R's. 8. ORIENTATION
OF Provide as much variety a;s possible relative to the orientation ofthe houses to the street the building footprints. 9. WINDOWS. Windows shall be recessed and/or
shallbe under overhangs, and shall be tinted or coated to reduce glare during. the day and light emanation at night. No snap-i:q. grids are allowed and windows shall be high qualitywith
a wood appearance ifreal wood is'not used. The plans shall be reviewed and approved by the Director ofCommunity Development and Consulting Architect as part ofthe building plan check
review. This requirement shall be included in the CC&R's. 10. GARAGE LOCATION. The garages shall be relocated to the rearofthe houses or integrated into the side so the doors are not
visible from the street. Consider the use of detached garages and provide as much variety as possible. Garage relocations shall not impact the mass or scale ofthe homes nor appreciably
increase grading quantities or the hatdscape of the site. The modifications shall be reviewed and approved by the Director of Community Development and Consulting Architect prior to
submittal ofplans for building plan check. 11. LOTS 2, 5, 11 & 12. Two story homes shall be modified to reduce the bulk and mass. Revised plans shall be reviewed and approved by the
Director ofCommunity Development and Consulting Architect prior to submittal ofplans for building plan check. 12. LOT 2. The integration ofthe main house with the breezeway and roof
ofthe garage shall be reviewed bythe Director ofCommunityDevelopment and Consulting Architect, and any that are determim:d to be appropriate shall be incorporated
into the plans. This shall be completed prior to submittal ofplans for check. 13.' LOT 12 WINDOW. The window at the rear ofthe house shall be reviewed by the
Director ofCommunity Development and Consulting Architect to enure its design is appropriate for a rural house. Anymodifications that are to be appropriate shall
beincorporated into the plans. This shall be completed prior to submittal ofplans for building plan check. 14. FOUNDATIONS. Consider use ofpier and grade beam foundations as an alternative
to the proposed structural mat system foundations in order to reduce grading or to retain more of the natural topography. 15. FENCING. Fencing shall be as minimal asis practical and
shall be of an open style to be approved by the Director ofCommunity Development. The type offencing shall reflect the Town's purpose of minimizing fencing in the hillsides and minimizing
the visibility of fences. Anymodifications to the approved locations and/or style offences shall be approved
Conditions ofApproval 17101 Hicks RoadlS-02-88 through S-02-100 Page 3 0110 16. 17. lK 19. 20. 21. by the Director of Community Development prior to installation. This restriction
shall be included in the CC&R's. PROJECT ENTRY MARKERS. The stone markers maybe used to delineate the entrance to the project but may not include a sign. PERIMETER LANDSCAPING. A grove
ofnative trees and shrubs shall be planted around the subdivision to screen the new homes and to continue the natural band ofgrowth visible on nearby hillsides. Planting shall be done
in an irregular pattern to the satisfaction of the i Consulting Arborist and the Director of Community Development. The groves shall be protected and maintained by the Homeowner's Association
and shall be included as a provision in the CC&R's. DOUBLE STAKING. All newly planted trees are required to be double staked to Town standards. TREE FENCING. Protective tree fencing
shall be placed at the drip line ofexisting trees and shall remain through all phases of construction. Fencing shall be six foot high cyclone attached to two-inch diameter steel posts
drive 18 inches into the ground and spaced no further than 10 feet apart. Include a tree protection fencing plan with the construction plans. TREE PROTECTION. The recommendations ofthe
Town's Consulting Arborist shall be followed throughout construction (see reports from David L. Babbydated March 6 and June 9,2003 for details). A final letter shall be submitted from
the project arborist verifying that all measures to preserve the trees that will remain on the site have been implemented. The letter shall be submitted prior to issuance of an occupancy
permit. EXTENSIONOFUTILITIES. Utilities shall be extended to an adjoiningneighhors propertY upon request; however, the cost shall be borne by the adjoining neighbor. . Building Division
22, PERMITS REQUIRED: A building permit shall be required for all new structures. 23. CONDITIONS OF APPROVAL: The Conditions of Approval shall be "blue lined" in full on·the cover sheet
ofthe ofthe construction plans. 24. SIZE OF PLANS: The maximum size of construction plans shall be 24" x 36".. 25. PLANS: The construction plans shall be prepared under the direct supervision
ofa licensed architect or engineer (Business and Professionals Code Section 5538). 26. STREET NAMES & HOUSE NUMBERS: Submit requests for new street names and/or house numbers from the
Office ofthe Town Clerk prior to the building permit application process. 27. SOILS REPORT: Two copies ofa soils report, prepared to the satisfaction ofthe Building Official, containing
foundation and retaining wall design recommendations shall be submitted with eachbuilding permit applications. The reports shall be preparedby a licensed civil engineer specializing
in soils mechanics. 28. FOUNDATION INSPECTIONS: A pad certificate prepared by a licensed civil engineer or land surveyor shall be submitted to the project building inspector at foundation
inspection. This certificate shall certify compliance with the recommendations as specified in the soils report; and, the building pad elevation, on-site retaining wall locations and
elevations are
Conditions ofApproval 17101 Hicks Road/S-02-88 through S-02-100 Page 4 0110 prepared according to approved plans. Horizontal and vertical controls shall be set and certified by a licensed
surveyor or registered civil engineer for the following items: a. Building pad elevation b. Finish floor elevation c. Foundation comer locations 29. RESlDENTIALTOWNACCESSffiILITYSTANDARDS:
The residence shall be designed with adaptability features for single family residences per Town Resolution .19Q4-61 : a. Woodenbacking (2-inch x 8-inchminimum) be provided
in ,allhathroom walls, at water closets, showers and bathtubs from the floor to the center ofthe backing; suitable fqr the installation ofgrah bars.
h. All passage doors shall be at least 32-inches wide on the accessible floor. c. Primary entrance shall have a 36-inch wide a 5-foot x 5-foot level landing,
no more than I-inch out ofplane with the immediate interior floor level with an 18-inch clearance. 30. TITLE 24 ENERGY COMPLIANCE: California Title 24 Energy Compliance forms CF-lR and
MF-1R. 31. TOWNFIREPLACE STANDARDS: New wood burning fireplaces shall be an EPA Phase II approved appliance as per Town Ordinance 1905... Tree limbs shall be cut within 10 feet ofchimneys.
32. SPECIAL INSPECTIONS: Wllen a special inspectioni$ required byUBC Section 1701, the architect or engineer ofrecordshall prepare an inspection program that $hall be submitted , to
the Building Official for approval prior to issuance of the permit. The Town Special mspection form shall be blue-lined on the construction plans. Special mspection
forms are available from the Building Division Service Counter. 33. NONPOJNTSOURCEPOLLUTIONSTANDARDS: TheTownstandard SantaClaraValley Nonp6int Source Pollution Control Program shall.be
part of the plan submitt,al. The specification sheet is available at the Building Division Service Counter. ' 34. CONSTRUCTION ROUTE. Construction vehicles shall access the site form
Camden Avenue/Hicks Road, not Shannon Road. TO THE SATISFACTION OF THE DIRECTOR OF PARKS AND PUBLIC WORKS: Engineering Division 35. LOTS 1AND 2 TURNAROUND. Provide a tum-around sufficient
for a pickup truck at the interior end of the 12-foot access road. PPW will determine whether an additional gate is required at this location upon completion demolition and, rough grading
operations. 36. OFF-STREET SANITARYAND STORM SEWERS ATHOME SITE 5. Themaintenance access road within Lot 5 to off-street storm and sanitary sewer manholes is roughly 20percent. The applicant
shall investigate the possibility ofrelocating the off-street manholes closer to Hicks Road to eliminate the need for a steep access road. An 8-to 10-foot wide pullout for u.se by maintenance
crews shall also be investigated. Horizontal and vertical curves that may result from such revisions shall conform to West Valley Sanitary District
Conditions ofApproval 17101 Hicks Road/S-02-88 through S-02-100 Page 5 oflO 37. 38. .".... ' 40. 41. 42. standards. In the event that manhole relocation is not possible, the applicant
shall prove that the Town's hydroflush truck can in fact access the off-street manholes. GRADING PERMIT. A grading permit is required for site grading and drainage. The grading permit
application (with grading plans) shall be made to the Engineering Division ofthe Parks & Public Works Department located at 41 Miles Avenue. The grading plans shall include final grading,
drainage, retaining wall location, driveway, utilities and interim erosion control. Grading plans shall list earthwork quantities and a table of existing and proposed impervious areas.
Unless specifically allowed bythe Director ofParks and Public Works, the grading permit will be issued concurrentlywith the building permit. The grading permit is for work outside the
building footprint(s). A separate building permit, issued by the Building Department at 110 E. Main Street is needed for grading within the building footprint. RETAINING WALLS. A building
permit, issued by the Building Department at 110 E. Main Street, is required for all site retaining walls. Walls are not reviewed, approved, or inspected by the Engineering Division
ofParks and Public Works during grading permit. SOILS REPORT. One copy of the soils and geologic report shall be submitted with the grading permit application. The soils report shall
include specific criteria and standards governing site grading, drainage, pavement design, retaining wall design, and erosion control. The report shall be signed and "wet stamped" by
the engineer or geologist, in conformance with Section 6735 of the California Business and Professions Code. SOILS REVIEW. Prior to issuance ofanypermit, the applicant's soils engineer
shall review the final grading and drainage plans to ensure that designs for foundations, retaining walls, site grading, and site drainage are in accordance with their recommendations
and the peer review comments. The applicant's soils engineer's approval shall then be conveyed to the Town either by letter or by signing the plans. SOILS ENGINEER CONSTRUCTION OBSERVATION.
During construction, all excavations and grading shall be inspected by the applicant's soils engineer. prior to placement of concrete and/or backfill so they can verify that the actual
conditions are as anticipated in the design-level geotechnical report, and recommend appropriate changes in the recoinmendations contained in the report, if necessary. The results of
the construction observation and testing should be documented in an "as-built" letter/report prepared by the applicants soils engineer and submitted to the Town before final release
of any occupancy permit is granted. TRAFFIC IMPACT MITIGATION FEE (RESIDENTIAL). The developer shall pay a proportional the project's share oftransportation improvements needed to serve
cumulative. development within the Town ofLos Gatos. The fee amount will be based upon the Town Council resolution in effect at the time the request ofCertificate ofOccupancy is made.
The fee shall be paid before issuance of the Certificate of Occupancy. The traffic impact mitigation fee for each new house in this project using the current fee schedule is $5,730.
The final fee shall be calculated from the final plans using the rate schedule in effect at the time ofthe request for a Certificate ofOccupancy. Credit shall be given for the house
on Lot
Conditions of Approval 17101 Hicks Road/S-02-88 through S-02-1 00 Page 6 of10 14, where a house was previous located, and for the three residences to be demolished. 43. GENERAL. All
public improvements shall be made according to the latest adopted Town Standard Drawings and the Town Standard Specifications or as otherwise approved by the Director of Parks and PublicWotks.
All work shall conform to the applicable Town ordinances. The adjacent public right-of::.way shall be kept clear of all job related dirt and debris at the end of the day. Dirt and· debris
shall not be washed into storm drainage facilities. The storing of goods and materials on the sidewalk and/or the street will not be allovved unless a special permit is isslied. The
developer's representative in charge shall be a.t the job site during all working hours. Failure to maintain the public right-of-way according to this conditionmay result in the Town
performing the required maintenance at the developer's expense. 44. ENCROACHMENT PERMIT. All work in the public right-of-way will require a(n) Construction Encroachment Permit(s). All
work over $5,000 will require construction securitY. Encroachment permits will be required for work in new streets only after the new streets have been accepted as complete by the Town
and all securities have been released. 45. PUBLIC WORKS lNSPECTIONS. The developer or his representative shall notify the Engineering Inspector at least twenty-four (24) hours before
starting an 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 rejection ow work that went on
without inspection. 46. 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: 1. Retaining wall--top bfwall elevations and locations. 2. Toe and top ofcut and fill slopes. 3. Top offuture curb along one side ofthe new street.
47. EROSION CONTROL Interim and fmal erosion control plans shall be prepared and submitted to the Engineering Development Division of the Parks & Public Works DepartITleht. All grading
shall be performed under a master NOI and SWPPP prepared for the entire project infrastructure and individual lot improvements. A maximum of two weeks is allowed
between clearing of an area/building on an area if grading is allowed during the rainy season. In addition, straw bales and pla.stic sheeting shall be stored on-site for emergency control,
if needed. Insta:I1t fiber berms, check dams, retention basins, silt fences, erosion control blankets and fiber rolls as needed on the project site, to protect down stream water quality
dtiring wInter months. 48. SILT AND MUD IN PUBLIC RIGHT-OF-WAY. It is the responsibilitY ofcontractor and home owner to make sure that all dirt tracked into the public right;.;of-way
is cleaned up on a daily basis. Mud, silt, concrete and other construction debris SHALLNOTbe washed into the Town's storm drains or creeks. 49. NPDES REQUIREMENTS. All work within the
project shall be in conformance with the National Pollution Discharge Elimination System permit issued to local agencies within Santa Clara County by the San Francisco Bay regional Water
Quality Control Board on
Conditions ofApproval 17101 Hicks RoadlS-02-88 through S-02-100 Page 7 of10 October 17,2001. 50. FISH & GAME REQUIREMENTS. A "1603" pennit shall be obtained for the California Department
ofFish & Game for proposed improvements in or near riparian areas within that agency's jurisdiction. A copy ofthe permit shall be provided to the Parks & Public Works Department before
any Town pennits are issued. 51. UTILITIES. The developer shall install all utility services, including tdephone, electric power and all other communications lines underground, as required
by Town Code §27.50.015(b). Cable television capability shall be provided to all new lots. 52. RESTORATIONOFpUBLIC IMPROVEMENTS. The developer shall repair orreplace all existing improvements
not designated for removal that are damaged or removed because of developer's operations. hnprovements such as, but not limited to: curbs, gutters, sidewalks, driveways, signs, pavements,
raised paveII;lent markers, thennoplastic pavement markings, etc. shall be repaired and replaced to a condition equal to or better than the original condition. Existing improvement to
be repaired or replaced shall be at the direction ofthe Engineering Construction Inspector, and shall comply with all Title 24 Disabled Access provisions. Developer shall request a walk-through
with the Engineering Construction Inspector before the start of construction to verify existing conditions. 53. FENCING. Any fencing proposed within 200-feet of an intersection shall
comply with Town Code Section §23.10.080. 54. AS-BUILT PLANS. After completion of the construction, of all work, the original plans shall have all changes (change orders and field changes)
clearlymarked. The "as-built" plans shall again be signed and "wet-stamped"
by the civil engineer who prepared the plans: attesting to the changes. The original "as-built" plans shall be reviewed and approved by the Engineering Inspector. A Mylar and AutoCAD'disk
ofthe approved "as-built" plans shall be provided to the Town before the Occupancy Permit is released. The AutoCAD file shall include only the following infonnation and shall confonn
to the layer naming convention: a) Building Outline, Layer: BLDG-OUTLINE; b) Driveway, Layer: DRNEWAY; c) Retaining Wall, Layer: RETAINING WALL; d) Swimming Pool, Layer: SWIMMINGPOOL;
e) Tennis Court, Layer: TENNIS-COURT; f) Property Line, Layer: PROPERTYLINE; g) Contours, Layer: NEWCONTOUR. All as-built digital files must be on the same coordinate basis as the Town's
survey control network and shall be submitted in AutoCAD version 2000 or higher. 55. SANITARY SEWER LATERAL. Sanitary sewer laterals are televised by West Valley Sanitation District
and approved by the Town ofLos Gatos before they are used or reused. Install a sanitary sewer lateral clean-out at the property line of each new lot. 56. CURB AND GUTTER. The developer
shall repair and replace to existing Town standards any curb and gutter damaged now or during construction ofthis proj ect. New curb and gutter shall be constructed per Town Standard
Detail. The limits ofcurb and gutter repair will be detennined by the Engineering Construction Inspector during the construction phase ofthe project. 57. **HYDROLOGY AND WATER QUALITY
MITIGATION·MEASURE 7-3. Energy
Conditions ofApproval 17101 Hicks RoadlS-02-88 through S-02-100 Page 8 0/10 dissipaters should be provided at the outfalls of proposed .stonn drains to minimize the increased potential
for erosion hazards due to project development. 58. **HYDROLOGYAND WATERQUALITYMITIGATIONMEASURE The project design shall incorporate water quality mitigation measures in accordanc'e
with current NPDES requirements. Water quality measures should include use ofbiofilters, drainage swales, and detention facilities to mitigate non-point source impacts. In addition,
the SCVWD and RWQCBrecommend the of site planning design measures to help reduce potential contributions ()furban pollutants from the project.. See the Addendum
to the EIR for additional details. 59. SIGHT DISTANCE. In order t()minimize potential traffic safety impacts the property owner/developer shall provide adequate sight distance at the
project access roadlHicks Road intersection through removal ofvegetationand grading ofthe embankment. embankment. 60. ENTRY MONUMENT. The Town Traffic Engineer shall review and approve
the final placement, height, and dimensions ofthe entrymonument to insure adequate sight distance is provided. 61. TRAILS. A separate pedestrian trail be installed along the
north side ofHicks Road. Use oftrails bybicyclists, particularlythe trail parallel to Hicks Road, and design issues such as trail widths, pavement versus compacted earth, and trailhead
facilities shall be approved by the Parks and Forestry Superintendent prior to issuance of any permit or recordation of the final map. . 62. GEbTECHNICAL PLANREVIEW. The pr()ject geotechnical
consultant sha,ll review and apprbve all geotechnical aspects of the project building and grading plans for individual residences on Lots 1 through 13 to ensure that their recommendations
have been properly incorporated. The consultant shall verifYthat recommended measures to address potential debris flow on Lot 6, and potential co-seismic ground defonnation on Lots 1
and 13 13 have been incorporated. 63. GEOTECHNICAL FIELD INVESTIGATION. The project geotechnical consultant shall irtspect, test (as needed), and approve all geotechnical aspects of
the project construction. The results ofthese inspections and the as-built conditions ofthe project shall be described by the project geotechnical consultant in a letter and submitted
to the-Town Engineer for review prior to fmal inspection. 64. SUBDRAINS. Subdrains shall discharge within the home siteproperty boundi;lries and shall not cross utility easements. Splash
pads (energy dissipaters) shall be provided at outfalls. 65. SECURITY AND FEES. The Applicant shall provide all security and pay all fees prior to issuance of any pennit
or recordation ofthe Final Map. 66. PLAN CHECK FEES. Plan check fees shall be deposited with the Town prior to submittal ofplans to theEngineering Division ofthe Parks and Public Works
Department. 67. INSPECTION FEES. Inspection fees shall be deposited with the Town prior to issuance of any Pennit or recordation ofthe Final Map. 68. DUST CONTROL. Blowing dust shall
be reduced by timing construction activities so that
Conditions ofApproval 17101 Hicks Road/S-02-88 through S-02-100 Page90flO paving and building construction begin as soon as possible after completion ofgrading, and by landscaping disturbed
soils as soon as possible. Further, water trucks shall be present and in use at the construction site. All portions of the site subject to blowing dust shall be watered as often as deemed
necessary by the Town, or a minimum of three times daily in order to insure proper control of blowing dust for the duration of the project. Watering on public streets shall not occur.
Streets will be cleaned by street sweepers or by hand as often as deemed necessary bythe Town Engineer, or at least once a day. Watering associated with on-site construction activity
shall take place between the hours of8 a.m. and 5 p.m. and shall include at least one late-afternoon watering to minimize the effects of blowing dust. All public streets soiled or littered
due to this construction activity shall be cleaned and swept on a daily basis during the the workweek to the satisfaction of the Town. Demolition or earthwork activities shall be halted
whenwind speeds (instantaneous gusts) exceed 25 :MJ>H. All trucks hauling soil, sand, or other loose debris shall be covered. 69. DESIGN CHANGES. The Applicant's registered Engineer
shall notify the Town Engineer, in writing, at least 72 hours in advance of3:11 differences between the proposed work and the design indicated on the plans. Anyproposed changes shall
be subject to the approval ofthe Town before altered work is started. Any approved changes shall be incorporated into the final "as-built" drawings. 70. PRECONSTRUCTION MEETING. Prior
to issuance ofany permit or the commencement of any site work, the general contractor shall: a. Along with the project applicant, attend a pre-construction meeting with the Town Engineer
to discuss the project conditions of approval, working hours, site maintenance and other construction matters; b. Acknowledge in writing that they have read and understand the project
conditions of approval, and will make certain that all project sub-contractors have read and understand them prior to commencing work and that a copy ofthe proj ect conditions of approval
will be posted on site at all times during construction. 71. GOOD HOUSEKEEPING. Good housekeeping practices shall be observed at all times during the course of construction. Superintendence
of construction shall be diligently perfonned by a person or persons authorized to do so at all times during working hours. The storing ofgoods and/or materials on the sidewalk and/or
the streetwill not be allowed unless a special pennit is issued by the Engineering Division. 72. SITE SUPERVISION. The General Contractor shall provide supervision
onthe job site at all times during construction. 73. CONSTRUCTIONNOISE. Betweenthe hours of8:00 a.m. to 5:00p.m., weekdays and 9:00 a.m. to 4:00 p.m. weekends and holidays, construction,
alteration or repair activities shall be allowed. No individual piece ofequipment shall produce a noise level exceeding eighty-five (85) dBA at twenty-five (25) feet. Ifthe 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.2.3.
Conditions ofApproval 17101 Hicks Road/S-02-88 through S-02-100 Page 10 0[10 TO THE SATISFACTION OF THE SANTA CLARA COUNTY FIRE DEPARTMENT: 74. ROOFS. Roofsystems shall comply with Class
A criteria. 75. ACCESS to WATER SUPPLY. Portions of the .structures are greater than 150 feet of travel distance from the centerline of the roadway containing public fIre hydrants. An
approved fIre sprinkler system shall be provided throughout all portions ofthe building (all units are to be equipped with. fIre sprinklers). 76. TIMING OF WATER SlJPPLY INSTALLATION..
Installations ofrequired fire service(s) and fire hydrant(s) shall be tested and accepted by the Fire Department, prior to the start of framing or delivery of bulk combustible materials.
Building permit may be withheld until required installations are completed, and acyepted. 77: FIRE APPARATlJS (ENGINE) ACCESS ROADS. roadway
s with a pave.d . all weather surface, a minimum unobstructed width of20 feet, vertical clearance of 13 feet 6 inches, minimum circulating turning radius of 36 feet outside and 23 feet
inside, and a maxImum slope of15%. Installations shall conform to Fire Department Standard Details and Specifications sheet A-I. 78. FIRE DEPARTMENT (ENGINE) ROADWAY TURNAROUND. An approved
Fire Department engine roadwaytumaroundwith aminimumradius of36 feet outside and 23 feet inside shall be provided. Installation shall conform with Fire Department Standard Details and
Specifications A-I. Cul-de-sac shall be no less than 72 feet. 79. TIMING OF REQUIRED DRIVEWAY Required access roads, up through the
first lift ofasphalt, shall be iilstalled accepted by the Fire Department, prior to the start ofconstruction. Bulk combustible materials shall not be deliveredto the site until
installation is complete. During construction, emergency access roads shall be maintained clear and unimpeded. Note that building permit issuance maybe withheld until installations installations
are completed, . 80. PREMISE IDENTIFICATION. Approved numbers or addresses shall be placed on all new and existing buildings that will remain in a location that is plainly visible and
legible from the street or road fronting the property. Numbers shall contract with their background. N:\ATY\Greenbriar.CON.wpd