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03 Staff Report - Reservoir Road Lot 3~ZW N 0 J Ghl COUNCIL AGENDA REPORT DATE: MAY 1, 2007 TO: MAYOR AND TOWN COUNCIL FROM: ORRY P. KORB, TOWN ATTORNEY SUBJECT: RESOLUTION GRANTING AN APPEAL OF A PLANNING COMMISSION DECISION TO DENY AN APPLICATION TO CONSTRUCT A SINGLE FAMILY RESIDENCE ON PROPERTY ZONED R-1:20; APN: 529-31-041; ARCHITECTURE AND SITE APPLICATION: S-07-021; PROPERTY LOCATION: RESERVOIR ROAD, LOT 3; PROPERTY OWNER: MARK VON KAENEL & DIANNA ROBINSON; APPELLANT: TONY JEANS, T.H.I.S. DESIGN RECOMMENDATION: Adopt resolution granting an appeal of the Planning Commission's decision to deny an application for architecture and site approval to construct a single family residence on property zoned R-1:20. DISCUSSION: On April 16, 2007, Council granted an appeal of the Planning Commission's decision to deny an application for architecture and site approval to construct a single family residence on Reservoir Road. The attached resolution finalizes that decision. Attachment: Proposed Resolution MEETING DATE: 05-7-2007 AGENDA ITEM: PREPARED BY: ORRY P. KORB, TOWN ATTORNEY OPKLMBhvp [N: AMRepons\ReponResmoirRa_Lot3.wpa] Reviewed by: Town Manager Y Assistant Town Manager Clerk Finance Community Development Rev: 51/1/07 6:47 pm Reformatted: 7119/9 File= 301-0~ h , i ~ RESOLUTION RESOLUTION GRANTING AN APPEAL OF A PLANNING COMMISSION DECISION TO DENY AN APPLICATION TO CONSTRUCT A SINGLE FAMILY RESIDENCE ON PROPERTY ZONED R-1:20 APN: 529-31-041 ARCHITECTURE AND SITE APPLICATION: S-07-021 PROPERTY LOCATION: RESERVOIR ROAD, LOT 3 PROPERTY OWNER: MARK VON KAENEL & DIANNA ROBINSON APPELLANT:TONY JEANS, T.H.I.S. DESIGN WHEREAS: A. This matter came before the Town Council for public hearing on April 16, 2007, and was regularly noticed in conformance 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 testimony and materials submitted, including the record of the Planning Commission proceedings and the packet of material contained in the Council Agenda Report dated April 12, 2007, along with subsequent reports and materials prepared concerning this application. C. The applicant seeks approval to construct a new single family residence with an attached three-car garage and a swimming pool. The applicant proposes to construct a 3;959 square foot residence with a 715 square foot garage and a 1.093 square foot cellar. D. The subject property is the former San Jose Water reservoir site. which was approved for a four-lot subdivision by the Town in 2003. The property lies within a hillside area and must adhere to the Town's Hillside Development Standards & Guidelines ("HDS&G") E. Exhibits to the approved tentative subdivision map for the Sienna Oaks Subdivision show approximate building envelopes for the new homes. The proposed structure is largely within the footprint, although parts of a porch, a bedroom and a game room with a covered balcony along with the pool extend beyond the footprint. Nevertheless, these portions of the structure and the pool are located within the Least Restricted Development Area. F. Grading cut and fill depths exceed the criteria specified in the HDS&G for a small area of the driveway near the garage. The applicant is proposing to cut more than the recommended depth of four feet in order to lower the house and garage entry, which reduces visibility to neighboring properties on Reservoir Road and from the street, and also to make the transition from the existing graded driveway to the garage. G. The applications was considered by the Planning Commission on January 24, 2007, and again on February 28.. 2007, and was denied. In so doing. the Commission sought clarification from Council regarding whether the house and pool could extend beyond the building footprint shown on the tentative map. In addition, the Commission sought clarification from Council about whether a condition requiring preservation of the historic rock walls for possible incorporation into future residential development would allow for the proposed reuse of the rocks in the driveway and around the garage entry. H. The appellant claims that the Planning Commission erred in its determination that the building envelope must contain the entire house and that no part of the development can extend beyond the building envelopes shown in the approved tentative map. The details of the appeal are found in Attachment 4 to the Council Agenda Report dated April 12, 2007. The decision of the Planning Commission was incorrect and is hereby reversed. Council finds as follows: The project is Categorically Exempt pursuant to Sections 15303 of the State Environmental Guidelines as adopted by the Town, as evidenced by the staff report to the Town Council dated April 12. 2007. ii. Pursuant to Town Code Section 29.20.300(b)(3), the decision involves an issue or policy over which the Commission did not have discretion to modify or address, but which is vested in the Council for modification or decision. to wit; the intended interpretation of the building envelopes in the approved tentative subdivision map for the Sienna Oaks Subdivision and Council's intent concerning the preservation of the historic rock walls. Regarding the building envelopes. Council finds that the envelopes were intended to guide future development without being so restrictive as to mandate that all development be contained therein. Council notes in this regard that the development proposed for outside the envelope would still be located within the Least Restricted Development Area consistent with the HDS&G. Regarding the rock walls. Council finds that the condition regarding preservation of the rock walls allows for the proposed reuse of the rocks. iii. Regarding driveway grading exceeding the maximum allowed cut of four feet, Chapter IX, section F of the HDS&G allows an exception if supported by a rationale and evidence. Here. Council notes the statement in the Council Agenda Report dated April 12, 2007, that the additional grading would reduce the visibility of the house and garage entry and would make the transition from the existing graded driveway to the garage. Council also notes that Town staff is not concerned about the additional grading given the site characteristics and the need to ensure that the driveway does not exceed a slope of 15%. RESOLVED: The appeal of the decision of the Planning Commission denying Architecture and Site Application S-07-021 is granted and the application is approved subject to the conditions attached as Exhibit "A" hereto. 2. 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 limits and pursuant to the procedures established by Code of Civil Procedure section 1094.6, or such shorter time as required by State and Federal Law. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos. California on the day of May 2007, by the following vote. COUNCIL MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: SIGNED: MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: CLERK ADMINISTRATOR TOWN OF LOS GATOS. CALIFORNIA TOWN COUNCIL -APRIL 16, 2007 CONDITIONS OF APPROVAL Reservoir Road (Lot 3) Architecture and Site Application S-07-21 Requesting approval to construct a new residence on property zoned R-1:20. APN 529-31-041. PROPERTY OWNER: Tony Jeans, T.H.I.S. Design APPLICANT: Mark Von Kaenel & Dianna Robinson 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 listed below and in substantial compliance with the plans noted as received by the Town on March 12, 2007 and approved by the Town Council on April 2, 2007. Any changes or modifications to the approved plans and/or business operation shall be approved by the Community Development Director or the Planning Commission, depending on the scope of the changes. 2. EXPIRATION OF APPROVAL: The Architecture & Site application will expire two years from the date of approval unless it is used before expiration. Section 29.20.335 defines what constitutes the use of an approval granted under the Zoning Ordinance. 3. ARCHITECTURAL CHANGES. The recommendations of the Consulting Architect shall be incorporated into the plans prior to submittal of plans for building plan check. 4. EXTERIOR COLOR. The exterior color of the house shall not exceed a light reflectivity value of 30 and shall blend with the natural vegetation. 5. 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. Final exterior colors shall be approved by the Director of Community Development prior to application. 6. OUTDOOR LIGHTING. House exterior and landscape lighting shall be kept to a minimum, and shall be down directed fixtures that will not reflect or encroach onto adjacent properties. No flood lights shall be used unless first approved by the Planning Division. The outdoor lighting plan can be reviewed during building plan check. Any changes to the lighting plan shall be approved by the Planning Division prior to installation. 7. TREE REMOVAL PERMIT. A Tree Removal Permit shall be obtained for the trees to be removed, prior to the issuance of the demolition permit. 8. REPLACEMENT TREES. Replacement trees shall be planted for all trees that are removed. The number and size of new trees shall be determined using the canopy replacement table in the Town's Tree Protection Ordinance. Required trees shall be planted prior to final inspection. 9. TREE PRESERVATION. All recommendations of the Town's Consulting Arborist shall be followed throughout all phases of construction. Refer to the report prepared by Arbor Resources dated December 8, 2006 for details. Tree protection specifications shall be printed on the construction plans. EXHIBIT A 10. TREE FENCING. Protective tree fencing shall be placed at the drip line of existing trees prior to issuance of demolition and building permits and shall remain through all phases of construction. Fencing shall be six foot high cyclone attached to two-inch diameter steel posts drive 18 inches into the ground and spaced no further than 10 feet apart. Include a tree protection fencing plan with the construction plans. 11. TREES APPROVED FOR RELOCATION. The applicant shall prepare a tree relocation plan subject to review and approval of the Directors of Community Development and Parks and Public Works identifying the existing and proposed locations for the trees and the measures to be implemented to ensure the survival of the trees. The applicant shall relocate the trees approved for relocation prior to issuance of building permits for the project. 12. GENERAL. 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. 13. DOUBLE STAKING. All newly planted trees are required to be double staked to Town standards. 14. IRRIGATION SYSTEM. All newly planted landscaping shall be irrigated by an in- ground irrigation system. Special care shall be taken to avoid irrigation which will endanger existing native trees and vegetation. 15. LANDSCAPE SCREENING. Landscaping shall be planted along the property frontage to screen the new residence from the road. The parking area shall be shifted or reduced in size to provide a minimum of 10 feet for a landscape buffer between the parking bay and the road. A comprehensive landscape plan shall be approved by the Director of Community Development prior to issuance of a building permit. 16. ROCK WALL. The stones from the rock wall on the site shall be preserved and shall be incorporated into the new driveway walls to be constructed as part of the project. 17. STORY POLES. The story poles on the project site shall be removed within 30 days of approval of the Architecture & Site application. Building Division 18. PERMITS REQUIRED: A building permit shall be required for the construction of the new single family residence. Separate permits are required for site retaining walls, water tanks, and swimming pools; separate permits are required for electrical, mechanical, and plumbing work as necessary. 19. CONDITIONS OF APPROVAL: The Conditions of Approval must be blue-lined in full on the cover sheet of the construction plans. A compliance memorandum shall be prepared and submitted with the building permit application detailing how the Conditions of Approval will be addressed. 20. SIZE OF PLANS: Four sets of construction plans, maximum size 24" x 36." 21. STREET NAMES & HOUSE NUMBERS: Submit requests for new street names and/or house numbers/suite numbers to the Building Division prior to submitting for the building permit application process. 22. 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. ALTERNATE: design the foundation for an allowable soils 1,000 psf design pressure (Uniform Building Code Volume 2 - Section 1805). 23 24 25 26 27 28 29 30 31 SHORING: Shoring plans and calculations will be required for all excavations which exceed four (4) 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 conform with Cal/OSHA regulations. 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 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 corner locations RESIDENTIAL TOWN ACCESSIBILITY STANDARDS: The residence shall be designed with adaptability features for single family residences per Town Resolution 1994-61: a. Wooden backing (2" x 8" minimum) shall be provided in all bathroom walls, at water closets, showers and bathtubs located 34 inches from the floor to the center of the backing, suitable for the installation of grab bars. b. All passage doors shall be at least 32 inches wide on the accessible floor. C. Primary entrance shall have 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 with an 18-inch clearance. d. Door buzzer, bell or chime shall be hard wired at primary entrance. TITLE 24 ENERGY COMPLIANCE: California Title 24 Energy Compliance forms CF- 1R, MF-1R, and WS-5R must be blue-lined on the plans 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 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. 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. HAZARDOUS FIRE ZONE: The project requires a Class A assembly. SPECIAL INSPECTIONS: When a special inspection is required by UBC 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 permit. The Town Special Inspection form must be completely filled-out, signed by all requested parties and be blue-lined on the construction plans. Special Inspection forms are available from the Building Division Service Counter or online at www.losgatosca.gov. NONPOINT SOURCE POLLUTION STANDARDS: The Town standard Santa Clara Valley Nonpoint Source Pollution Control Program shall be part of the plan submittal as the second page. The specification sheet is available at the Building Division Service Counter for a fee of $2 or at San Jose Blue Print. 32. APPROVALS REQUIRED: The project requires the following departments and agencies approval before issuing a building permit: a. Community Development - Planning Division: Suzanne Davis at354-6875 b. Engineering/Parks & Public Works Department: Fletcher Parsons at 395-3460 C. Santa Clara County Fire Department: (408) 378-4010 d. West Valley Sanitation District: (408) 378-2407 e. Local School District: (Contact the Town Building Service Counter for the appropriate school district and to obtain the school form.) f. Bay Area Air Quality Management District: (415) 771-6000 g. Environmental Health Department: (408) 885-4200 h. Santa Clara Valley Water District: (408) 265-2600 i. Department of Fish and Game: (831) 475-9065 TO THE SATFISFATION OF THE DIRECTOR OF PARKS &PUBLIC WORKS Engineering Division 33. 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 of Parks and Public Works, the grading permit will be issued concurrently with the building permit. The grading permit is for work outside the building footprint(s). A separate building permit, issued by the Building Department on E. Main Street is needed for grading within the building footprint. 34. DRIVEWAY DESIGN. The applicant shall work with staff and the Consulting Arborist to modify the driveway design as needed to save trees #5 and #16. The driveway shall remain in compliance with all Fire Department criteria specified in condition 61. 35. PAD CERTIFICATION. A letter from a licensed land surveyor shall be provided stating that the building foundation was constructed in accordance with the approved plans shall be provided subsequent to foundation construction and prior to construction on the structure. The pad certification shall address both vertical and horizontal foundation placement. 36. PRECONSTRUCTION MEETING. Prior to issuance of any permit or the commencement of any site work, the general contractor shall: a. Along with the project applicant, attend a pre-construction meeting with the Town Engineer to discuss the project conditions of approval, working hours, site maintenance and other construction matters; b. Acknowledge in writing that they have read and understand the project conditions of approval, and will make certain that all project sub-contractors have read and understand them prior to commencing work and that a copy of the project conditions of approval will be posted on site at all times during construction. 37. RETAINING WALLS. A building permit, issued by the Building Department at 110 E. Main Street, may be required for site retaining walls. Walls are not reviewed or approved by the Engineering Division of Parks and Public Works during the grading permit plan review process. 38. TREE REMOVAL. Copies of all necessary tree removal permits shall be provided prior to issuance of a grading permit. 39. SOILS REPORT. One copy of the soils 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 reports shall be signed and "wet stamped" by the engineer or geologist, in conformance with Section 6735 of the California Business and Professions Code. 40. SOILS REVIEW. Prior to issuance of any permit, 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 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. 42. TRAFFIC IMPACT MITIGATION FEE. The developer shall pay a proportional the project's share of transportation improvements needed to serve cumulative development within the Town of Los Gatos. The fee amount will be based upon the Town Council resolution in effect at the time the building permit is issued. The fee shall be paid before issuance of a building permit. The traffic impact mitigation fee for this project using the current fee schedule is $5,742. The final fee shall be calculated form the final plans using the rate schedule in effect at the time the building permit is issued. 43. GENERAL. All public improvements shall be made according to the latest adopted Town Standard Drawings and the Town Standard Specifications. 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 allowed unless a special permit is issued. The developer's representative in charge shall be at the job site during all working hours. Failure to maintain the public right-of-way according to this condition may result in the Town performing the required maintenance at the developer's expense. 44. 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. 45. PUBLIC WORKS INSPECTIONS. The developer or his 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 rejection of 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: a. Retaining wall--top of wall elevations and locations b. Toe and top of cut and fill slopes 47 48 49 50 51 52 53 CONSTRUCTION STREET PARKING. No vehicle having a manufacturer's rated gross vehicle weight exceeding ten thousand (10,000) pounds shall be allowed to park on the portion of a street which abuts property in a residential zone without prior approval from the Town Engineer 15.40.070). EROSION CONTROL. Interim and final erosion control plans shall be prepared and submitted to the Engineering Division of the Parks & Public Works Department. A Notice of Intent (NOI) and Storm Water Pollution Prevention Plan (SWPPP) shall be submitted to the San Francisco Bay Regional Water Quality Control Board for projects disturbing more than one acre. A maximum of two weeks is allowed between clearing of an area and stabilizing/building on an area if grading is allowed during the rainy season. Interim erosion control measures, to be carried out during construction and before installation of the final landscaping shall be included. Interim erosion control 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 grading, drainage, erosion control plans and SWPPP shall be in compliance with applicable measures contained in the amended provisions C.3 and C.14 of Order No. R2-2005-0035 of the amended Santa Clara County NPDES Permit. 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 times daily, or apply (non-toxic) soil stabilizers on all unpaved access roads, parking areas, and staging areas at construction sites in order to insure proper control of blowing dust for the duration of the project. Watering on public streets shall not occur. Streets will 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 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 25 MPH. All trucks hauling soil, sand, or other loose debris shall be covered. SITE DRAINAGE. Rainwater leaders shall be discharged to splash blocks. No through curb drains will be allowed. SILT AND MUD IN PUBLIC RIGHT-OF-WAY. It is the responsibility of contractor and home owner to make sure that all dirt tracked into the public right-of-way is cleaned up on a daily basis. Mud, silt, concrete and other construction debris SHALL NOT be washed into the Town's storm drains. NPDES. On-site drainage systems shall include a filtration device such as a bio-swale or permeable pavement. 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). All new utility services shall be placed underground. Underground conduit shall be provided for cable television service. 54, DRIVEWAY APPROACH. The developer shall install one (1) Town standard residential approach. The new driveway approach shall be constructed per Town Standard Details. 55. RESTORATION OF PUBLIC IMPROVEMENTS. The developer shall repair or replace 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. 56. AS-BUILT PLANS. An AutoCAD disk of the approved "as-built" plans shall be provided to the Town prior to issuance of a Certificate of Occupancy. 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: DRIVEWAY; c) Retaining Wall, Layer: RETAINING WALL; d) Swimming Pool, Layer: SWIMMING-POOL; e) Tennis Court, Layer: TENNIS-COURT; f) Property Line, Layer: PROPERTY-LINE; 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. 57. CONSTRUCTION NOISE. Between the hours of 8:00 a.m. to 8:00 p.m., weekdays and 9:00 a.m. to 7:00 p.m. weekends and holidays, construction, 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. 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. 58. 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.). Prior to the issuance of a building permit, the developer shall work with the Town Building and Engineering Department Engineering 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 developer/owner to place construction notification signs noting the dates and time of construction and hauling activities, or providing additional traffic control. Cover all trucks hauling soil, sand, and other loose debris or require all trucks to maintain at least two feet of freeboard. 59. SANITARY SEWER LATERAL. Sanitary sewer laterals are televised by West Valley Sanitation District and approved by the Town of Los Gatos before they are used or reused. Install a sanitary sewer lateral clean-out at the property line. TO THE SATISFACTION OF THE SANTA CLARA COUNTY FIRE DEPARTMENT: 60. AUTOMATIC FIRE SPRINKLER SYSTEM. An approved automatic fire sprinkler system is required, hydraulically designed per National Fire Protection Association (NFPA) Standard #13. A State of California (C-16) licensed fire protection contractor shall submit plans, calculations a completed permit application and appropriate fees to the Fire Department for review and approval, prior to beginning work. 61. REQUIRED FIRE FLOW. Required fire flow is 2,000 GPM at 20 psi. residual pressure. 62. FIRE APPARATUS (ENGINE) ACCESS DRIVEWAY REQUIRED. Provide an access driveway with a paved all weather surface, a minimum unobstructed width of 12 feet, vertical clearance of 13 feet 6 inches, minimum circulating turning radius of 36 feet outside and 23 feet inside, and a maximum slope of 15%. Installations shall conform to Fire Department Standard Details and Specifications sheet D-1. 63. DRIVEWAY EASEMENT. Provide a copy of a recorded easement for the common driveway approach. 64. EMERGENCY GATE/ACCESS GATE. Gate installations shall conform with Fire Department Standard Details and Specification G-1 and when open shall not obstruct any portion of the required width for emergency access roadways or driveways. Locks, if provided, shall be Fire Department approved prior to installation. A minimum of 12 feet of clearance shall be provided when the gate is in an open position. 65. PREMISE IDENTIFICATION. Approved addresses shall be placed on all new buildings so they are clearly visible and legible from Reservoir Road. Numbers shall be a minimum of four inches high and shall contrast with their background. N :\DE V\CONDITNS\2006\ReservoirLot3. doc