06 Staff Report - 18 Palm AvenueMEETING DATE: 09-15-2008
N 0 AGENDA ITEM:
~0s"sA u~ COUNCIL AGENDA REPORT
DATE: SEPTEMBER 10, 2008
TO: MAYOR AND TOWN COUNCIL
FROM: ORRY P. KORB, TOWN ATTORNEY
SUBJECT: ADOPT RESOLUTION DENYING AN APPEAL OF A PLANNING
COMMISSION DECISION APPROVING A REQUEST TO CONSTRUCT A
NEW SINGLE-FAMILY RESIDENCE AND TO CONVERT AN EXISTING
PRE-1941 RESIDENCE TO AN ACCESSORY STRUCTURE ON PROPERTY
ZONED R-1:8; APN:510-42-052; PROPERTY LOCATION: 18 PALM
AVENUE. PROPERTY OWNER:RICK & NICKI ODERIO; APPLICANT:
DAVID ZICOVICH; APPELLANTS: PAUL & LEE QUINTANA
RECOMMENDATION:
Adopt resolution denying an appeal of the Planning Commission's decision to approve a request
to construct a new single-family residence and to convert an existing pre-1941 residence to an
accessory structure on property zoned R-1:8.
DISCUSSION:
On September 2, 2008, Council denied an appeal of the Planning Commission's decision to
approve an application to construct a new residence and convert an existing pre-1941 residence
to an accessory structure. The attached resolution finalizes that decision.
Attachment: Proposed Resolution
Distribution:
David Zicovich, Zicovich Builders, 17510 Farley Road West, Los Gatos, CA 95030
Mike Rowe, Britt/Rowe, 108 N. Santa Cruz Avenue, Los Gatos, CA 95030
Rick and Nicki Oderio, 18 Palm Avenue, Los Gatos, CA 95030
Lee Quintana, 5 Palm Avenue, Los Gatos, CA 95030
PREPARED BY: ORRY P. KORB, TOWN ATTORNEY
OPKIABMI) [0Mncuments mid Scltings\tcnlpatly.LOSCATOSCA1Local SeH4igx}TcmpWPGrpWisc\Rcpo7l IR Palm Ave, RGSO.wpd]
Reviewed by: n Managers Assistant Town Manager Clerk
Finance Conununity Development
Rev: 9/10108 12:21 pm
Reformatted: 7/19/99 File# 301-05
RESOLUTION
RESOLUTION DENYING AN APPEAL OF A PLANNING COMMISSION DECISION
APPROVING A REQUEST TO CONSTRUCT A NEW SINGLE-FAMILY RESIDENCE
AND TO CONVERT AN EXISTING PRE-1941 RESIDENCE TO AN ACCESSORY
STRUCTURE ON PROPERTY ZONED R-1:8
APN: 510-42-052
ARCHITECTURE AND SITE APPLICATION: S-07-211
PROPERTY LOCATION: 18 PALM AVENUE
PROPERTY OWNER: RICK & NICKI ODERIO
APPLICANT: DAVID ZICOVICH
APPELLANTS: PAUL & LEE QUINTANA
WHEREAS :
A. This matter came before the Town Council for public hearing on September 2,
2008, and was regularly noticed in conformance with State and Town law.
B. Council received testimony and documentary evidence from the appellants 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 August 21, 2008, along with
subsequent reports and materials prepared concerning this application.
C. The applicant proposed to construct a 3,513 square foot two-story single-family
home with a 675 square foot garage on property zoned R-1:8 located on the east side of Palm
Avenue, just south of Hernandez Avenue. The 16,000 square foot parcel is currently developed
with a 1,421 square foot two-story pre-1941 residence with attached carport and a swimming
pool. Adjacent properties are all developed with single-family homes. Most of the homes in the
immediate area have two-stories and all are taller than the proposed residence.
D. The Planning Commission considered the application on June 25, 2008, and voted
to approve the application with an added condition (Condition No. 4) requiring that the front
porch be modified to provide more articulation and reduce the massing of the structure.
E. The Historic Preservation Conunittee considered the application on July 16, 2008,
and approved the proposed changes to the existing pre-1941 residence, including a requirement
that the existing siding be retained unless it can be determined through a historic investigation
that it was not original.
F. The appellants appealed the decision of the Plaiming Commission based on their
desire to further influence the architecture and structural massing modifications directed by the
Commission.
G. The decision of the Planning Commission was correct.
H. Council incorporates the findings of the P1amling Commission made on June 25,
2008.
1. Council prefers the changes to the front porch reflected in Attachment 4 to the
Desk Item dated September 2, 2008, which was prepared by the applicant in response to
Condition No. 4. Council directs the Cominunity Development Department Director to work
with the applicant to ensure that the depth of the front porch is sufficient to make it practical and
usable. Such efforts can include, but are not limited to, a redesign moving the house two (2) feet
back on the lot from its current location.
RESOLVED:
The appeal of the decision of the Planning Commission on Architectural and Site
Application 5-07-211 is denied.
2. The conditions of approval for the project are attached and incorporated herein as
Exhibit A.
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
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 September 2008, 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
3
TOWN COUNCIL - SEPTEMBER 2, 2008
CONDITIONS OF APPROVAL
18 Pahn Avenue
Architecture and Site Application S-07-211
Requesting approval to construct a new single family residence and to convert an existing pre-
1941 residence to an accessory structure on property zoned R-1:8. APN 510-42-052.
PROPERTY OWNER: Rick & Nicki Oderio
APPLICANT: David Zicovich
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
approved on June 25, 2008 and noted as received by the Town on May 20, 2008. Any
changes or modifications to the approved plans 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 application will expire two
years from the date of the approval pursuant to Section 29.20.335 of the Town Code,
unless the approval is used prior to expiration.
3. TOWN INDEMNITY. Applicants are notified that Town Code Section 1.10.115 requires
that any applicant who receives a permit or entitlement from the Town shall defend,
indemnify, and hold harmless the Town and its officials in any action brought by a third
party to overturn, set aside, or void the permit or entitlement. This requirement is a
condition of approval of all such permits and entitlements whether or not expressly set
forth in the approval.
4. ARCHITECTURE. The detached garage shall be reduced, not to exceed 675 square feet
and the front porch shall be modified to increase the articulation. A revised plan shall be
submitted and approved prior to acceptance of plans for building plan check.
5. PRE-1941 RESIDENCE. The modifications to the pre-1941 residence shall be reviewed
by the Historic Preservation Committee prior to acceptance of plans for building plan
check.
6. RECYCLING. All wood, metal, glass and aluminum materials generated fiom the
demolished structure shall be deposited to a company which will recycle the materials.
Receipts from the company(s) accepting these materials, noting type and weight of
material, shall be submitted to the Town prior to the Towns demolition inspection.
7. 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. 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.
Page 1 of 9
8. FENCING. Any fencing within the front setback shall not exceed three-feet in height
and shall be of an open design. The rear yard shall be enclosed with a solid six foot high
fence as described in the applicant's letter dated June 17, 2008, prior to issuance of an
occupancy permit.
9. STORY POLES. The story poles on the project site shall be removed within 30 days of
approval of the Architecture & Site application.
10. GENERAL. All existing trees are specific subjects of approval of this plan and must
remain on the site.
11. 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.
12. TREE PRESERVATION. All recommendations of the Project and Town's Consulting
Arborist shall be followed throughout all phases of construction. Refer to the reports
prepared by Arbor Resources dated December 10, 2007 and Barrie Coate & Associates
dated September 11, 2007 for details. Tree protection specifications shall be printed on
the construction plans. Any pruning of the Pine trees shall be done under the supervision
of a certified arborist.
Building Division
13. PERMITS REQUIRED: A building permit is required for the demolition of the existing
single family residence and construction of the new single family residence and accessory
structure. Separate permits are required for electrical, mechanical and plumbing work as
necessary.
14. APPLICABLE CODES. The project will be required to conform to the 2007 California
Building, Fire, Mechanical, Electrical, and Plumbing Codes. The CC's are based on
model codes; 2006 International Building Code and Fire Code and 2006 Uniform
Plumbing and Mechanical Codes and the 2005 National Electrical Code.
15. SIZE OF PLANS: Four sets of construction plans, maximum size 24" x 36."
16. CONDITIONS OF APPROVAL: The Conditions of Approval must be blue-lined in full
on the cover sheet of the construction plans. A compliance memorandum shall be
prepared and submitted with the building permit application detailing how the Conditions
of Approval will be addressed.
17. HOUSE NUMBERS. Submit requests for new house numbers to the Building Division
prior to submitting for the building pen-nit application process.
18. DEMOLITION REQUIREMENTS. Obtain a Building Department Demolition
Application and a Bay Area Air Quality Management Application from the Building
Department Service Counter. Once the demolition form has been completed, all
signatures obtained, and written verification from PG&E that all utilities have been
disconnected, return the completed from to the Building Department Service Counter
with the J# Certificate, PG&E verification, and three (3) sets of site plans to include all
existing structures, existing utility service lines such as water, sewer, and PG&E. No
dernolition work shall be done without first obtaining a permit from the Town.
19. SOILS REPORT: A soils report, prepared to the satisfaction of the Building Official,
containing foundation and retaining wall design recommendations, shall be submitted
with the building permit application. This report shall be prepared by a licensed civil
engineer specializing in soils mechanics (California Building Chapter 18).
Page 2 of 9
20. SHORING. Shoring plans and calculations will be required for all excavations that
exceed four (4) feet in depth or that 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 to Cal/OSHA regulations.
21. FOUNDATION INSPECTIONS. A pad certificate prepared by a licensed civil engineer
or land surveyor may be required to 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
d. Retaining Walls
22. RESIDENTIAL TOWN ACCESSIBILITY STANDARDS: The residence shall be
designed with adaptability features for single family residences per Town Resolution
1994-61:
a. Wooded backing (2" x 8" minimum) shall be provided in all bathroom walls, at
water closets, showers, and bathtubs located 34-inches from t11e 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 a 36-inch wide door including a 5'x5' level landing, no
more than 1-inch out of plane with the immediate interior floor level with an 18-
inch clearance at interior strike edge.
d. Door buzzer, bell or chime shall be hard wired at primary entrance
23. TITLE 24 ENERGY COMPLIANCE. California. Title 24 Energy Compliance forms CF-
1R, MF-1 R, and WS-5R must be blue-lined on the plans.
24. BACKWATER VALVE. The scope of this project may require the installation of a
sanitary sewer backwater valve per Town Ordinance 6.50.025. Please provide
information on the plans if a backwater valve is required and the location of the
installation. The Town of Los Gatos Ordinance and West Valley Sanitation District
(WVSD) requires backwater valves on drainage piping serving fixtures that have flood
level rims less than 12-inches above the elevation of the next upstream manhole.
25. SPECIAL INSPECTIONS. When a special inspection is required by CBC 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 at www.losgatosca.gov/building.
26. TOWN FIREPLACE STANDARDS. New wood burning fireplaces shall be an EPA
Phase IT approved appliance as per Town Ordinance 1905. Tree limbs within 10 feet of
chimneys shall be cut.
27. FIRE HAZARD ZONE. The project requires a Class A roof assembly. If submitted to
the Building Division after final approval of Fire Hazard Severity Zone, the project shall
conform with the following:
Page 3 of 9
28.
29
a. WILDLAND-URBAN INTERFACE: This project is located in a Wildlife Urban
Interface Fire Area and must comply with Chapter 7A of the 2007 California
Building Code.
b. PROVIDE DEFENSIBLE SPACE/FIRE BREAK LANDSCAPING PLAN
prepared by a California licensed architect in conformance with California Public
Resources Code 4291 and California Government Code Section 51182,
c. PRIOR TO FINAL INSPECTION, provide a letter from a California registered
architect certifying the landscaping and vegetation clearance requirements have
been completed per the California Public Resources Code 4291 and Government
Code Section 51182,
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.
APPROVALS REQUIRED: The project requires the following deparhnents and
agencies approval before issuing a building permit:
a. Community Development - Planning Division: Suzanne Davis at 354-6875
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
C. Local School District: The Town will forward the paperwork to the appropriate
school district(s) for processing. A copy of the paid receipt is required prior to
permit issuance.
f, Bay Area Air Quality Management District: (415) 771-6000
TO THE SATFISFATION OF THE DIRECTOR OF PARKS &PUBLIC WORKS
Engineering Division
30. GRADING PERMIT. A grading permit is required for site grading and drainage. The
grading permit application 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.
31. TREE REMOVAL. Copies of all necessary tree removal pen-nits shall be provided prior
to issuance of a grading permit.
32. 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
Page 4 of 9
33. 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.
34. 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.
35. PRECONSTRUCTION MEETING. Prior to issuance of any pen-nit 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 cot 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.
36. RETAINING WALLS. A building pennit, 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.
37. 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.
38. 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.
39. PUBLIC IMPROVEMENTS. The following improvements shall be installed by the
developer. Plans for those improvements shall be prepared by a California registered
civil engineer, reviewed and approved by the Town, and guaranteed by contract, Faithful
Performance Security and Labor & Materials Security before the issuance of a building
pen-nit or the recordation of a map. The improvements must be completed and accepted
by the Town before a Certificate of Occupancy for any new building can be issued.
a. Palm Avenue. Pave parking apron with drainage swale or berm,
40. 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.
Page 5 of 9
41. 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
42. 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.
43. 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.
44. 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 berins, 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.
45. 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
Page 6of9
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.
46. . 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).
47. SITE DRAINAGE. Rainwater leaders shall be discharged to splash blocks. No through
curb drains will be allowed.
48. NPDES. On-site drainage systems shall include a filtration device such as a bio-swale or
permeable pavement.
49. 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.
50. 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.
51. 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.
52. SIDEWALK/CURB IN-LIEU FEE. A curb and sidewalk in-lieu fee of $12,900.00 shall
be paid prior to issuance of a building permit. This fee is based on 100 linear of curb at
$57/LF and 100 square feet of 4.5-foot wide sidewalk at $16/SF in accordance with
Town policy. This fee will be reduced by the dollar value of the public improvements
required.
53. 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.
54. SANITARY SEWER BACKWATER VALVE. Drainage piping serving fixtures which
have flood level rims less than twelve (12) inches (304.8 mm) above the elevation of the
next upstream manhole and/or flushing inlet cover at the public or private sewer system
serving such drainage piping shall be protected from backflow of sewage by installing an
approved type backwater valve. Fixtures above such elevation shall not discharge through
Page 7 of 9
the backwater valve, unless first approved by the Administrative (Sec. 6.50.025). The
Town shall not incur any liability or responsibility for damage resulting from a sewer
overflow where the property owner or other person has failed to install a backwater
valve, as defined section 103(e) of the Uniform Plumbing Code adopted by section
6.50.010 of the Town Code and maintain such device in a functional operating condition.
Evidence of West Valley Sanitation District's decision on whether a backwater device is
needed shall be provided prior to issuance of a building pen-nit.
55. 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.
56. 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.
57. 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
58. 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 of goods and/or materials on the sidewalk and/or the street will not be
allowed unless a special permit is issued by the Engineering Division.
59. 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.
60. PERMIT ISSUANCE: Permits for each phase; reclamation, landscape, and grading, shall
be issued simultaneously.
61. COVERED TRUCKS: All trucks transporting materials to and from the site shall be
covered.
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TO THE SATISFACTION OF THE SANTA CLARA COUNTY FIRE DEPARTMENT:
62. REQUIRED FIRE FLOW. Required fire flow is 2,000 GPM at 20 psi. residual pressure.
63. AUTOMATIC FIRE SPRINKLER SYSTEM REQUIRED. An approved automatic fire
sprinkler system is required for the new residence and garage, hydraulically designed per
National Fire Protection Association (NFPA) Standard 413D and local ordinances. The
fire sprinkler system supply valving shall be installed per Fire Department Standard
Detail & Specifications W-1/SP-6.
64. PREMISE IDENTIFICATION. Approved addresses shall be placed on all new buildings
so they are clearly visible and legible from Palm Avenue. Nuinbers shall be a minimum
of four inches high and shall contrast with their background.
NADEVICONDiTNS12W81N ISAd c
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