11 Staff Report - 13 New Single Family Residences
DATE: TO: FROM: SUBJECT: MEETING DATE: 3/15/04 ITEM NO. II COUNCIL AGENDA REPORT March 12,2004. ORRY P. ).CORB, TOWN ATTORNEfJ--RESOLUTION GRANTING
IN PART AND DENYING IN PART APPEALS OF APLANNINGCOMMISSIONDECISIONAPPROVING 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) RECOMMENDATION: Adopt resolution confinning Council action on March 1, 2004. DISCUSSION: On March 1, 2004, Council granted in part
and denied in part the appeals of a decision of the Planning Commission concerning the property located at 17101 Hicks Road. Attachments: Resolution Distribution: Tim Quinn, Greenbriar
Homes Communities, Inc., 43160 Osgood Road, Fremont, CA 94539 Fred Healey, The Dagney Dagney Group, LLC, 3180 Delmar Dr., Salt Lake City, UT 84109 Mike Ajlouny, 17311-Hicks Road, Los
Gatos, CA 95032 PREPARED BY: ORRY P. KORB, TOWN ATTORNEY OPK:LMB/wp [N:\ATYlGreenbriar.TCR.wpd] Reviewed by: (J Manager __ Finance Rev: 3/12/04 1:59 pm Reformatted: 7/19/99
ps-;s Assistant Town Manager 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 confomiance with State and Town law. B.
Council received testimony and documentary evidence from the appellant and all interested persons who wished to testify or submit documents. Council considered all testimonyand materials
submitted, including the record of the 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 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 of the approved planned development ordinance and, therefore, concern issues or
policy over which the Commission did not have discretion to modify or address, but which are vested in the Council for modification or decision. 2. According to the testimony ofappellant
Greenbriar, the squarefoot exemption for the proposed garage is inadequate to comfortably house a vehicle for a family with dependent children, therefore appellant Greenbriar should
be allowed a maximum 795-799 square foot credit for garages. 3. The proposed entry markers without signs are consistent with the rural nature ofthe area in which the project is located
and should be permitted as desired by appellant Greenbriar, but project signs are not permitted. 4. 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. 5. Appellant Ajlouny's request that Council the equestrian parking lot is denied, however Council further directs staffto study access and
security issues raised during the public hearing and report back to Council in a form deemed approprIate by the Town Manager. 6. Appellant Ajlouny's request's that the applicant be ordered
to extend services2
and utilities to appellant's property is denied. However, the applicant has stated on the record that 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 of doing 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 pf Architecture
and Site applications have been made. RESOLVED: 1. The appeal ofGreenbriarofthe decision ofthe Planning Commission on Architecture 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 Ajlouny. 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 Los Gatos. Any application for judicial relief from this decision must be sought within the time limits3
and pursuant to the'procedures established by Code of Civil Procedure Seetion 1094.6, or suc;h shorter time as required by state or federal law. PASSED AND ADOPTED at a regular meeting
of the 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 NIATY\Greenbriar 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: Planning Division 1. APPROVAL: This application shall be completed in accordance with 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. Any changes or modifications to the approvedplans shall be approved by
the Community Development Director or the Planning Commission depending on the scope of the change(s). 2. 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 29.20.335 defines what constitutes the use of an approval granted under the Zoning Ordinance.
3. PLANNED DEVELOPMENT CONDITIONS. The conditions of approval of Planned Development Ordinance 2097 are fully incorporated herein'as conditions ofapproval ofthis application, except
as specifically modified by these conditions of approval. 4. 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 Hillside Development Standards. 5. 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 laridscaping shall be installed within three months of close of escrow or issuance of an occupancy permit, whichever is later. b. Ifan alternate landscape plan is proposed by a
buyer, the front yard landscaping shall be installed within three. months of approval of the plan by the Town. c. Landscape plans shall be approved by the Development Review Committee
if a grading permit is required. Otherwise, the plan shall be subject to the approval ofthe Director of Community Development. d. Landscaping shall be informal and natural in design.
6. 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 of issuance of an EXHIBIT A
occupancy permit, 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 of plan 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 permit is required. If the front yard landscaping is not installed prior to final inspection, a performance bond of an amount to be determined
by the Director ofCommunity Development shall be paid priorto issuance ofan occupancy permit. The performance bond will be held by the Town until the landscaping installation is complete.
7. OUTDOOR LIGHTING. Outdoor lighting shall be the minimupl 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 properties. Outdoor lighting restrictions shall be included in the CC&R's. 8. ORIENTATION
OF HOUSES. Provide as much variety as possible to the orientation of the houses to the street and the building footprints. 9. WINDOWS. Windows shall be recessed and/or
shall be under overhangs, and sha.,ll be tinted or coated to reduce glare during the day and light emanation at night. No snap-in grids are allowed and windows shall be high quality
with 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 of the building plan
check review. This requirement shall be included in the CC&R's. 10. GARAGE LOCATION. The garages shall be relocated to the rear ofthe 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 of the homes nor
appreciably increase grading quantities or the hardscape of the site. The modifications shall be reviewed and approved by the Director ofCommunity 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 of the main house with the breezeway and
roof of the garage shall be reviewed by the Director ofCommunityDevelopment and Consulting Architect, and any modifications that are determined to be appropriate shall be incorporated
into the plans. This shall be completed prior to submittal ofplans for building plan check. 13. LOT 12 WINDOW. The window at the rear ofthe house shall.be reviewed by the Director ofCommunityDevelopm
ent and Consulting Architect to enure its design is appropriate for a rural house. Anymodifications that are determined to be appropriate shall be incorporated 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 as is 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 of Approval 17101 Hicks Road/S-02-88 through S-02-100 Page 3 of10 by the Director of Community Development prior to installation. This restriction shall be includedin the
CC&R's. 16. PROJECT ENTRY MARKERS. The stone markers maybe used to delineate the entrance. to the proj ect but may not include a sign. 17. PERIMETERLANDSCAPlNG. A grove ofnative trees
and shrubs shall be planted around the subdivision to screen the new homes and to continue the natural band of growth visible on nearby hillsides. Planting shall be done in an irregular
pattern to the satisfaction of the 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. 18. DOUBLE STAKING. All newly planted trees are required to be double staked to Town standards. 19. TREE FENClNG. 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. fuclude a tree protection fencing plan with the construction plans.> 20. TREE PROTECTION. The recommendations of the
Town's Consulting Arborist shall be followed throughout construction (see reports from David L. Babby dated 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. . 21. EXTENSION OF UTILITIES. Utilities shall be extended to an adjoining neighbors 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 of the 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 of a 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 of the Town Clerk prior to the building permit application process. 27. SOILS REPORT: Two copies ofa soils report, prepared to the satisfaction of the 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 lNSPECTIONS: 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 in the soils report; and, the building pad elevation, on-site retaining wall locations
and elevations are
Conditions of Approval 17101 Hicks Road/S-02-88 through S-02-100 Page 4 0[10 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. RESIDENTIALTOWNACCESSIBILITYSTANDARDS:
The residence shall be designed with adaptability features for single family residences per Town Resolution 1994-61: a. Woodenbacking(2.;.inch x 8-inch minimum) shall beprovided in all
bathroom walls, at water closets, showers and bathtubs located34-inches from the floor to the center ofthe backing, suitable for the installation of grab bars. b. All passage doors shall
be at leasf 32-inches wide on the accessible floor. c. Primary entrance shall have a 36-inch wide door including a 5-foot x 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: CaliforniaTitle 24 Energy Compliance forms CF-IR and MF-1R. 31. TOWN FIREPLACE STANDARDS:
New wood burning fireplaces shall be an EPA Phase II approved appliance as per Town Ordinance 1905. Tree limbs shall be cut within 10 feet of chimneys. 32. SPECIAL INSPECTIONS: When
a special inspection is required byUBC Section 1701, 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 perrrtit. The Town Special fuspection form shall be blue-lined on the construction plans. Spedal Inspection forms are available from the Building Division
Service Counter. 33. NONPOINT SOURCEPOLLUTIONSTANDARDS: TheTownstandard Santa ClaraValley Nonpoint Source Pollution Control Program shall be part of the plan submittal. The specification
sheet is available at the Building Division Service Counter. 34. CONSTRUCTION ROUTE. Construction vehicles shall access the site form Camden AvenuelHicks 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 ahd rough grading operations. 36. OFF-STREET SANITARYAND STORM
SEWERS AT HOME 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 ofreioeating
the off-street manholes closer to Hicks Road to eliminate the need for a steep access road. An 8-to lO-foot wide pullout for use 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 of Approval 17101 Hicks Road/S-02-88 through S-02-100 Page 5 of10 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. 37. 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 of the 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 by the Director ofParks and Public Works, the grading permit will be issued concurrently with the building permit. The grading permit is for work outside the building footprint(s).
A permit, issued by the Building Department at 110 E. Main Street is needed for grading within the building footprint. 38. 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. 39. sorrs 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 ofthe California Business' and Professions Code. 40. 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. 41. SOILS ENGINEER CONSTRUCTION OBSERVATION.
During construction, all excavations and grading shall be inspected by the applicant's soils engineer prior to placement of concrete and/or backfill so they can verify that the actual
conditions are as anticipated in the design-level geotechnical report, and recommend appropriate changes in the recommendations contained in the report, if necessary. The results ofthe
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. 42. 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-02-100 Page 60/10 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 theTown StandardSpecifications or as otherwise approved by the Director of Parks and Public Works.
All work shall conform to the applicable Town ordinances. The adjacent public right-of-way shall be kept clear of all job rela.teddirt and debris at the end of the day. Dirt and debris
shall not be washed into stom drainage facilities. The storing of goods and materials on the sidewalkand/or the street will not be allowed unless a special permit is issued. The developer's
representat\ve in charge shall be at the job site during an-working hours. Failure to maintain the public right-of-way accordingto this condition may result in the Town
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 PerIIiit(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 ToWnand all
securities have been released. 45. PUBLIC WORKS INSPECTIONS. The developer or his representative shall notify the Engineering Ihspector at least 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 conttols shall be set and certified by a licensed surveyor or registered civil engineer qualified to practice land
surveying, for the following items: 1. Retaining wallLtop ofwall elevations and locations. 2. Toe and top of cut and fill slopes. 3. Top of future curb along one side ofthe new street.
47. EROSION CONTROL. Interim and final erosion control plans shall be prepared and submitted to the Engineering Development Division of the Parks & Public Works Department. All grading
shall be perforIIiedunder a master NOI and SWPPP prepared for the entire project incll.ldinginfrastructure and individual lot A maximum of two weeks is allowed
between clearing of an aiea/building on an area if grading is allowed during the rainy season. In addition, straw bales and plastic sheeting shall be stored on-site for emergency control,
if needed. Install 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
during 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 SHALLNOT bewashed into the Town's stOOO drains or creeks. 49. NPDESREQUIREMENTS. 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 of Approval 17101 Hicks Road/S-02-88 through S-02-1 00 Page 7 of10 October 17, 2001. 50. FISH & GAME REQUIREMENTS. A "1603" permit 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 permits are issued. 51. UTILITIES. The developer shall install all utility services, including telephone, electric power and all other communications lines underground, as required
by Town Code §27.50.015(b). Cable television capability shall be provided to all new lots. 52. RESTORATION OF PUBLIC IMPROVEMENTS. The developer shall repair orreplace all existing improvements
not designated for removal that are damaged or removed because of developer's operations. Improvements such as, but not limited to: curbs, gutters, sidewalks, driveways, signs, pavements,
raised pavement markers, thermoplastic pavement markings, etc. shall be repaired and replaced to a condition equal to or better than the original condition. Existing improvement to be
repaired or replaced shall be at the direction of the Engineering Construction Inspector, and shall comply with all Title 24 Disabled Access provisions. 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)
clearly marked. 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 of the approved "as-built" plans shall be provided to the Town before the Occupancy Permit is released.
The AutoCAD file shall include only the following information and shall conform 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 project. New curb and
gutter shall be constructed per Town Standard Detail. The limits ofcurb and gutter repair will be determined by the Engineering Construction Inspector during the construction phase of
the project. 57. **HYDROLOGY AND WATER QUALITY MITIGATION MEASURE 7-3. Energy
Conditions of Approval 17101 Hicks Road/S-02-88 through S-02-100 Page 8 of10 dissipaters should be provided at the outfalls of proposed stonn drains to minimize the increased potential
for erosion hazards due to proj ect development. 58. **HYDROLOGYAND WATERQUALITYMITIGATIONMEASURE Theproj ect design shall incorporate water quality mitigation measures in accordance
with currentNPDES requirements. Water quality measures should include use ofbiofilters, drainage swales, and detention facilities to mitigate non-point source In addition,
the SCVWD and RWQCB recommend the incorporation of site planning design measures to. help reduce potential contributions ofurban pollutants from the project. See the Addendum tq the
EIR for additional details. 59. SIGHT DISTANCE. In order to minimize potential traffic safety impacts the property owner/developer shallprovide adequate sight distance at the proj ect
access road/Hicks Road intersection through removal of vegetation and grading of the 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 shall 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 pennit or recordation of the final map. 62. GEOTECHNICAL PLANREVIEW. The project geotechnical consultant shallreview
and approve 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 verify that recommended measures to address potential debris flow on Lot 6, and potential co-seismic ground defonnation on Lots 1 and 13 have been
incorporated. incorporated. 63. GEOTECHNICAL FIELD INVESTIGATION. The project geotechnical consultant shall inspect, 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 final inspection. 64. SUBDRAINS. Subdrains shall discharge within the home site propertyboundaries and shall not cross utility easements. Splash pads (energy
dissipaters) shall be provided at subdrain outfalls. 65. SECURITYAND.FEES. The Applicant shall provide all security and pay all fees prior to issuance of any pennit or recordation of
the Final Map. 66. PLAN CHECKFEES. Plan check fees shall be deposited with the Town prior to submittal ofplans to the Engineering 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 of Apptoval 17101 Hicks Road/S-02-88 through S-02-100 Page 9 of10 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 during the workweek to the satisfaction of the Town. Demolition or earthwork activities
shall be halted when wind speeds (instantaneous gusts) exceed 25 MPH. All trucks hauling soil, sand, or other loose debris shall be covered. 69. DESIGN CHANGES. The Applicant's registered
Engineer shall notify the Town Engineer, in writing, at least 72 hours iIi advance ofall differences between the proposed work and the design indicated on the plans. Any proposed 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
proj ect 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 performed 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 street will not be allowed unless. a special permit is issued by the Engineering Division. 72. SITE SUPERVISION. The General Contractor shall provide qualified supervision
on thejob site at all times during construction. 73. CONSTRUCTIONNOISE. Betweenthehoursof8:00a.m. t05.:00p.m., weekdaysand9:00 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. lithe 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 of10 TO THE SATISFACTION OF THE SANTA CLARACOUNTY FIRE DEPARTMENT: 74. ROOFS. Roof systems shall comply with Class
A criteria. 75. ACCESS TO WATERSUPPLY. Portions of the structures are greater than J 50 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 ofthebuilding (all units are to be equipped with fire sprinklers). 76. TIMING OF WATER SUPPLY 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 issuance may be withheld until required installations are completed, tested, and accepted. 77. FIRE APPARATUS (ENGINE) ACCESS ROADS. Provide access roadwayswith a paved 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%.·· Insta:l1ations shall conform to FireDepartment StandardDetails and Specifications sheet A'-l. 78. FIRE DEPARTMENT (ENGINE) ROADWAY TURNAROUND. An approved Fire Department engine
roadwayturnaround with a minimumradius of36 feet outside and 23 feet inside shall be provided. Installation shall conforni with Fire Department Standard Details and Specifications A-I.
Cul-de-sac dimehsions shall be no less than 72 feet. 79. TIMING OF REQUIRED DRIVEWAY INSTALLATIONS, Required access roads, up through the first lift ofasphalt, shall be installed and
accepted by the Fire Department, prior to the start ofconstruction. Bulk combustible materials shall not be delivered to 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 are completed. . 80. PREMISE IDENTIFICATION. Approvednumbers
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