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1999-089-Approving An Architecture And Site Application To Construct A Single Family Home On Property Zoned HR-1:PD1` RESOLUTION 1999 - 89 RESOLUTION DENYING AN APPEAL OF A PLANNING COMMISSION DECISION APPROVING AN ARCHITECTURE AND SITE APPLICATION TO CONSTRUCT A'SINGLE FAMILY HOME ON PROPERTY ZONED HR-1:PD. PROJECT APPLICATION: PRJ-98-210 PROPERTY LOCATION: 14734 BLOSSOMHILL ROAD APPLICANT: SUMMERHILL HOMES PROPERTY OWNER :SUMMERHILL BLOSSOM HILL LTD. APPELLANT: KRISH BHARVGAVAN WHEREAS: A. This matter came before the Council for public hearing on June 7, 1999, on an appeal by Krish Bharvgavan from a decision of the Planning Commission and was regularly noticed in conformance with State and Town law. B. The Council received testimony and documentary evidence from the :appellant and all interested persons who wished to testify or submit documents. The Council considered all testimony and materials submitted, including the record of the Planing Commission proceedings and the packet of material contained in the Council Agenda Report dated May 27,1999, along with subsequent reports and materials prepared concerning this application. C. On April 14, 1999,. the Planning Commission reviewed this application and 38 other separate architecture and .Site applications for SummerHill's Planned Development on Blossom Hill Road. The Commission found all 39 application to be consistent with the Environmental Impact Report and Planned Development zoning approvals from the Town, reviewed the required considerations for granting Architecture and S ite approval in the Town Code, and approved all 39 separate Architecture and Site application to construct the .new houses and site improvements. As a consequence of the Commission's action, the appellant, Krish Bhargavan, appealed the decision of one of the 39 approvals. D. Appellant purchased his home on May 15,1998 with the knowledge that the property behind his home would be developed by the applicant. The Planning Commission held public meeting onthe development from 1 March 11, 1998 through May 27, 1998 before it recommended approval of the Planned Development application to the Town Council. E. Appellant believes that after two years the Planning Commission "...may not have had the luxury of time to explore all possible options." and that the matter is "Too detailed a matter in an extremely large project.." F. The Council finds that the appellant failed to demonstrate that the Planning Commission erred or abused its power in approving the Architecture and its application and no new information has been provided that would materially affect the outcome of the Planning. Commission's decision. G. The Planning Commission decision was correct. RESOLVED.: 1. The appeal of the decision of the Planning Commission on Project PRJ-98-210 is therefore denied. The decision of the Planning Commission and the Conditions of Approval (Attachment A) are upheld.. 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 ofthe 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 21st day of June, 1999 by the following vote. COUNCIL MEMBERS: AYES: Steven Blanton, Linda Lubeck, Joe Pirzynski, Mayor Jan Hutchins NAYS: None ABSENT: Randy Attaway ABSTAIN: None ~~ G ~~~~~~ CLERK OF TF~E 'T~JWN',Or LOS GATOS, CALIPORNI~ !OF THE TOS, CA: GATOS 2 CONDITIONS OF APPROVAL 14734 Blossom Hill. Road Project Applications PRJ-98-173 thru 211 Requesting approval of Architecture and Site approval for a master grading and landscaping plans, and to construct 39 single family homes on property zoned HR-1 Pp. APPLICANT: SummerHill Homes PROPERTY OWNER: SummerHill'Blossom Ltd. ***MITIGATION REQUIRED BY ENVIRONMENTAL IMPACT REPORT TO THE SATISFACTION OF THE PLANNING DIRECTOR: (Planning Section) .DEVELOPMENT STANDARDS (F.A.R., SETBACKS., HEIGHT, ETC.): Minimum yard setbacks., building heights, .and second-story limitations shall be'limited to those depicted on the approved development plan. Floor Area Ratios #or the non-custom lots in the development shall be iimited fo a range of 2;600 to 4,000 square feet of gross living area and a range of 450 to 650 square feet of gross garage space. 2. EXPIRATION OF APPROVALS: Architecture and Site approvals (PRJ-98-173 through PRJ-98-209) will expire two years from the date of the approval (April 14, 2001) unless the approvals. are used before expiration. Section 29.20.335 defines what constitutes the use of an approval granted under the Zoning Ordinance. Any application for a one time 1-year extension, must be submitted to the Planning Department at least 60 days prior to the date that the approval will expire. Any application submitted will require the payment of additional fees and additional review by the Planning Commission. Application for a time extension does not guarantee the applicant/property owner an approval or additional vesting rights. 3. CONDITIONAL APPROVAL FOR PHASE II APPLICATIONS (PRJ-98-210 and PRJ-98-211). The .Architecture and Site applications for parcels in Phase II (PRJ-98-210 and PRJ-98-211) are Conditional Approvals, pending the. developer/property owner obtaining the approval of a Final Map for Phase I I and its recordation with the Santa Clara County Recorder's Office prior to April 14, .2001. No permits for any proposed construction or site improvements on parcels in Phase II of the development shall'be issued by the Town until the developer/property owner records a Final Map for Phase II. As allowed by the Zoning Ordinance., a 1-year time extension for these Conditional Approvals may be granted by the Planning Commission. Any application for a one time 1-year extension, must be submitted to the Planning Department at least 60 days prior to the date that the approval will expire. Any application submitted will require the .payment of additional fees and additional review by the Planning Commission. Application for a time extension does not guarantee the applicant/property owner an approval or additional vesting .rights. 4. REAR YARD SETBACK FOR LOT 3 OF PHASE II. The rear yard setback for Lot 3, Phase I I (PRJ- 98-2.11) shall be a minimum of 65 feet 6 inches from the rear property line. The developer/property owner shall ensure hat the primary residential structure maintains a minimum distance of 67 feet from the portions of the rear property line shared with the adjacent rear neighbor at 131 Westhill Drive. DEED RESTRICTIONS AGAINST FUTURE EXPANSION. The property owner/developer shall. record deed restrictions on each property, prior to the issuance of a building permit, which prevents the expansion (e.g. any increase in square footage, construction of additional stories, or any increase 1 in height) of any house in the development :after it is constructed by the developer/property owner, without first obtaining all of the following: a) Payment of all corresponding application fees (non-refundable), b) Obtaining all required approvals from the Town to modify the Architecture and Site pproval, and c) Obtaining all necessary building permits, .agency clearances, and inspections. 6. DEED RESTRICTION LIMITATION ON PROPOSED FLOOR PLAN OPTIONS. The property owner/developer shall record a deed restriction prohibiting the expansion of the approved building envelope, as noted in the Architecture and Site .approval, for any house along the shared ,property lines with the Westhill Drive or Las Flores Lane residences. 7. ARCHAEOLOGICAL SURVEY. Prior to the issuance of a Building Permit the ,property owner/developer shall have a Phase I Archaeological Survey prepared for the property by a qualified archaeologist. 8. ARCHAEOLOGICAL/CULTURAL RESOURCES-1. Should evidence of prehistoric cultural or archaeological resources be uncovered by the Phase I .Archaeological Survey or during project construction, work must be halted within a 50-foot radius of the find and a qualified.. archaeologistmust be contacted to determine its significance and make appropriate recommendations. The cost of the Town retaining a qualified archaeologist shall be paid for by the property owner/developer. 9. ARCHAEOLOGICAL/CULTURAL RESOURCES-2. If human remains are discovered, the Los Gatos Police Department and Santa Clana County Coroner shall immediately be notified. The Coroner would determine whether or not the remains were Native American. Ifthe Coroner determines that the remains are not subject. to his or her authority, the Coroner shall notify the Native American Heritage Commission, who would attempt to identify descendants of the deceased Native American. 10. ARCHAEOLOGICAL/CULTURAL RESOURCES-3. If the Planning Director, with advise from a qualified archaeologist, finds that the archaeological find is not a significant resource,, work would resume only after the submittal of a preliminary:archaeological report and after provisions for reburial and .ongoing monitoring are accepted. Provisions for identifying descendants of a deceased Native American and for reburial would follow the protocol set forth in Appendix K of the CEQA Guidelines. If the site is found to be a significant archaeological site, a mitigation program will be prepared and submitted to the Planning Director for consideration and approval, in conformance with the .protocol set forth in Appendix K of the CEQA Guidelines. The cost of the Town retaining a qualified archaeologist shall be paid for by the.property owner/developer. 11. ARCHAEOLOGICAL/CULTURAL RESOURCES-4. A final report shall be prepared by a .qualified archaeologist when a find is determined to be a significant archaeological site, and/or when Native American remains are found on site. The final report shall include background information on the completed work, a description and a list of identified resources., the disposition and curation of these resources, anytesting, other recovered information, and conclusions. The cost of the Town retaining a qualified archaeologist shall be paid for by the property owner/developer. 12. ***CULTURAL RESOURCES-1. The property owner/developershallconstruct annterpretive exhibit with photographs and .narrative describing the site history will be provided in the linear park across from the house. (CR Mitigation 1.1) 13. ***CULTURAL RESOURCES-3. The property owner/developer shall preserve the barn on Lot # 2 2 of Phase Two and replicate one drying shed structure in the community open space.area maintained by the homeowners association from other outbuildings on the project site. Drying shed shall be .available forthe Town's exclusive use to store equipment to be used to maintain the open space. The drying shed will be owned by the Homeowners Association subject to a recorded easement to the Town. The drying shed shall be maintained and insured by the Town. (CR Mitigation 1.3) 14. ***CULTURAL RESOURCES-4. The pr'opertyowner/developer shall construct an interpretive exhibit with photographs and narrative describing the Heintz laboratory's history which will be provided in the linear,park across from the Heintz House. (CR Mitigation 1.4). The developer/property owner shall ensure that the historic'interpretive exhibits will feature pictures and information about the'laboratory and what inventions were created there. 15. SOLAR WATER SYSTEM. Each residence shall be pre-plumbed for a solar water heater system prior to issuance of a certificate of occupancy 16. COLOR REFLECTIVITY DEED RESTRICTION. Prior to the issuance of a building permit for each house, a deed .restriction shall be recorded by the property owner with the Santa Clara County Recorder's Office that requires .all exterior paint colors to be maintained in conformance with the Town's Hillside Residential .Standards unless prior authorization is granted by the Town through a separate Architecture and Site Approval. The following .houses/lots shall be allowed to exceed the hillside reflectivity standards because of historic, design, ornon-visibility considerations (Phase One: tots 3, 5,7,10, 12,21,24,27,31., 33, & 36 and Phase Two: Lot 2 & 3). 17. RECYCLING. All wood, metal, glass, and aluminum materials .generated from the demolished structures on Lot 16 or Lot 2(Phase l'wo) 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 Town's demolition inspection. 18. GARAGE DIMENSIONS. Minimum interior clear dimensions of twocar garages shall be 20' x 20'. Minimum interior clear dimensions of one car garages shall be 11'x.20':. 19. BELOW MARKET PRICE (BMP) IN-LIEU FEE. A Below Market Price in-lieu fee shall be paid by the property owner/developer pursuant to Town Code Section .29.10.3025 and any applicable Town Resolutions at the time of .Building Permit issuance. The fee to be .paid by the property owner/developer for each dwelling unit constructed is based on 6-percent of the assessed value as established by the Building Permit. The fee amount will be based upon the Town Council fee resolution in effect at the time that a final or vesting tentative map is approved. 20. **'"NOISE MITIGATION-1. A 5-foot high earthen berm or a 7-foot high sound barrier shall be constructed by the property owner/developer along property lines adjacent to landscape buffer along Blossom Hill Road to ensure exterior (55 dBA Ldn) noise levels are achieved for residences located on Lots 9 and 28. (N Mitigation 2.1) 21. ARCHITECTURAL DESIGN. The developer shall. use a mission the roof for Plans 3-AL, 3-AR and 3-OPT. The height of the silo shall be reduced and additional stucco trim shall be provided around the doorway on Plans 4-AR and 4-AL. Thewindow.braces shall be simplified on Plans 4-AR and 4- AL. 22. LOT 3, PHASE II. The applicant has the option to move the house 22 feet, rather than the 17 feet, to meet the concerns of the adjacent property .owner, Carl Handen. (Engineering Section) 23. TRAFFIC IMPACT FEES (RESIDENTIAL). The developer shall pay a fee proportional to 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?own Council resolution in effect at the time the request for Certificate of Occupancy is made. This fee shall be paid before the issuance of the Certificate of Occupancy. The traffic impact mitigation fee established for each unit in this project based on the current fee schedule in effectis $5,730 or a total of $240,660 (based on 42 units., credit given for 2 existing units). 24. DRAINAGE. Roof rainwater leaders for each unit are to be discharged onto energy dissipators, which are designed to spread out the rainwater so that it enters the landscaped areas as sheet flow. Runoff from the site should not be collected into a pipe system, concentrated, and discharged downslope. Control off-site drainage, flowing on to the site, similarly. No improvements shall obstruct or divert runoff to the detriment of an adjacent, downstream or downslope property. Retaining walls shall include provisions for drainage. 25. DRAINAGE MONITORING. The Town's Engineering staff shall monitor the drainage plans with special .care to ensure that both the sub-surface and surface drainage problems are adequately addressed in the plans. 26. DOWNTOWN STREET LIGHT STANDARD. The developer/property ownershall install the Town's Downtown street light standard fixture for project street lighting, ratherthan the standard cobra head street lights used for other subdivision projects. 27. CC&R/DEED RESTRICTION FOR PRESERVATION & .MAINTENANCE OF HISTORIC RESOURCES. The developer/property ownershall develop and submit for the Town Attorney's approval., CC&R's and a deed restriction which will provide for the preservation and maintenance of the Barn on Lot 2 (Phase Two). These documents shall include specific requirements that any exterior changes .proposed for the Barn will require review by the Historic Preservation Committee. These documents shall also include a disclosure of these requirements to all prospective buyers and future property owners. 28. CC&R/HOMEOWNER'S ASSOCIATION BUDGET 'FOR MAINTENANCE OF HISTORIC INTERPRETIVE'EXHIBITS. The developer/property owner shall ensure that the CC&R's and the Homeowner's Association budget provide for the continued maintenance and level of quality of the proposed wayside interpretive exhibits after they are constructed. 29. ***WATERWAYS AND FLOODING MITIGATION-1. On-sitestorm drainage design source controls will be implemented to reduce potential runoff into the storm drainage system by directing .potential runoff with design features into landscaped areas for percolation priorto entering the storm drainage system. (WF Mitigation 2.1) 30. ***WATERWAYS AND FLOODING MITIGATION-2. Hillside runoff will be collected at inlets located 'behind the existing residential units which are included as part of the-proposed drainage system as shown on the approved development plans. (WF Mitigation 2.2) 31. ***WATERWAYS AND FLOODING MITIGATION-3. A storm detention facility designed with the capacity fora 25-year storm will be constructed along Blossom Hill Road which includes a minimum storage capacity of 3,330 cubic feet, and a diversion valve/structure to limit the flow rate to the existing storm drainage system. (WF Mitigation 2.3) 4 32. ***WATERWAYS AND FLOODING MITIGATION-4. The CC&R Restrictions will prevent water diversion from percolation areas to the storm drainage system, including the future construction of pools and other impervious surfaces on the site. Any post-project construction site.improvements will require the approval of the Town Engineer or designee to ensure there is not increase's storm runoff. (WF Mitigation 2.4) 33. ***WATER QUALITY MITIGATION-1. The property owner/developer is required to obtain and conform with the requirements of the General NPDES Construction Activity Stormwater.Permit and Best Management Practices will be included to limit urban runoff contaminants from entering the storm drains. {W Mitigation 1.1) 34. GRADING PERMIT. A grading permit is required for roadways, on-site driveways, .grading, drainage and erosion control A separate application fora :grading permit shall be made to the Development Engineering Section of the Planning .Department. The .grading plans shall .include final grading, drainage, retaining wall locations, driveways, utilities and interim erosion control measures. 35. GRADING MORATORIUM. No grading or earth-.disturbing activities shall be initiated between October 1 and .April 15 of each year. For all grading operations that commenced before October 1, all grading orearth-disturbing activities shall cease October 15 and will not be allowed to restart until April 15. These limitations include, but are not limited to these items: driveways, building pads, foundationtrenchesasd drilled piers, retaining walls, swimming pools, tennis courts, outbuildings, and utility trenches. Interim erosion control measures., shown on approved interim erosion. control plans, must be installed by October 1 is final landscaping is not in place. The interim erosion .control measures shall'be maintained throughout the October 1 toApril 15 moratorium period. The Director of'Parks and Public Works may modify these grading moratorium restrictions as he or she deems appropriate in orderto expedite the required DDTremediation mitigation measures noted bythe EIR. 36. SOILS REPORT. One copy of the soils and geologic :report. shall be submitted with the grading permit and public improvement 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, in conformance with Section 6735 of the California Business and Professions Code. TO THE SATISFACTION OF THE DIRECTOR OF PARKS AND PUBLIC WORKS: (.Parks Section) 37. HORSE TRAILER PARKING. The parking spaces proposed for horse trailers shall be constructed by the developer/property owner to the satisfaction of the Superintendent of Parks and Forestry Services in consultation with the. Trails and Bikeways Committee. 38. ***GEOLOGYJVIITIGATION-4. Landscaping plans,prepared by the property owner/ developer shall minimize the plantings directly adjacent to building foundations to reduce the possibility of irrigation water affecting the foundations orslabs. Any landscaping that is installed adjacent to buildings should be of a type that requires little irrigation. (G Mitigation 1.4) 39. ***WILDLIFE MITIGATION-1. If any construction activities will occur during the nesting season (February to .August), these activities should be preceded by pre-construction surveys for nesting raptors conducted by a qualified ornithologist retained by the property owner/ developer. Surveys should take place no more than 30 days prior to the start of construction. No construction activities (including tree .removal, grading, etc.) that would result in disturbance to active raptor nests would 5 proceed. A qualified ornthologistwould determine the extentofconstruction-free zonesaround active raptor nests located during surveys. The USFWS and CDFG should also be notified of any active raptor nest within the construction zone. 40. ***WILDLIFE MITIGATION-2. if it is .not feasible to avoid ordinance-size trees, then a restoration/preservation plan prepared by a licensed arborist, that avoids impacts to remaining trees and replaces'lost trees shall be developed and implemented by the property owner/developer. The plan will encompass various features :including the following: a. Appropriate on-site locations will be identified for restoration on-site. This will include the creation of habitat in open or grassland habitats or the enhancement (in-fill planting) of sparsewoodland habitat on site. The latter situationcurrently exists in the southeastern portion of the pine. plantation. Replacement of lost non-native trees at a 1:1 ratio for trees greater than 12" in diameter. Replacement of native trees greaterthan 12" in diameter at a 4:1 ratio. b. Replacement trees will be native to the -area (e.g. valley oaks., coast live oaks, etc.) Planting stock will be collected locally, if possible. Planting will be conducted from November to January using small nursery stock. The replacement trees should be installed in an environment suitable for their establishment and growth. Thesetreeswill be irrigated and .maintained for a period of not'less than three years. The mitigation site will be protected form future disturbance and the restoration effort will be monitored for 5 years. The plan will also identify appropriate performance criteria in order to measure the success of the restoration efforts. 41. ***BLOSSOM HILL ROAD LANDSCAPE BUFFER. A 100 foot wide landscape buffer consisting of a "grid" of flowering trees approved by the Town shall be planted by the property owner/developer along the property's Blossom .Hill Road frontage as depicted on the approved development plans. The minimum size. for these trees shall be 24-.inch box. (LU Mitigation 3.1) 42. ***LINEAR PARK LANDSCAPING. New native oak and evergreen trees shall be planted by'the property owner/developer lining the linear park as depicted on the approved development plans. The minimum size for these trees shall be 24-inch box. (LU Mitigation 3.1) 43. PROTECTIVE FENCING. Prior to any construction or'Building .Permits being issued,, the applicant shall meet with the Director of Parks and Public Works concerning the need for protective fencing :around the existing trees. Such fencing 'is to be installed prior to, and be maintained during, construction. 44. 'NEW TREES. Newly planted trees shall bedouble-staked, using rubbertree ties andshall be planted prior to acceptance of the subdivision. 45. IRRIGATION. 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 shrubs. 46. CONSTRUCTION. Noconstruction or grading shall take placewithin the dripline of existing trees that are proposed to be retained. 47. AERATION TUBES. Any impervious area (excluding roadways) encroaching under the dripline of existing trees shall have aeration tubes installed. 6 48. GENERAL. All existing and newly planted trees shown on the plan are specific subjects of approval of this ...plan and must remain on site. (Public Works Section) 49. GENERAL. All public improvements shall be made according to the latest adopted Town Standard Drawings and the Standard Specifications for Public Works Construction. All work shall conform to the applicable Town ordinances. Adjacent public right-of-way shall be kept clear of all job related dirt and debris at the end of day. Dirt and debris shall not be washed into storm sewers. The storing of goods and materials on the sidewalk .and/or street will not be allowed unless a special permit is issued. The developer's representative in charge-shalt 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. 50. PUBLIC WORKS JNSPECTIONS. The developer or his representative shall notify the Engineering Construction'Inspector at least twenty-four (24) hours before starting any work pertaining to on-site drainage faci-ities, 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. 51. EROSION CONTROL. Interim and final.erosion control plans shall be prepared and submitted to the .Engineering Development Section of the Planning Department. Grading activities shall be limited to the period of least rainfall (April 15 to October 1) unless otherwise authorized by prior approval from the Parks and Public Works Director. Two weeks is ..allowed between clearing of an area and stabilizing/building on this area ifgradingthat is allowed to goon during the rainyseason. In addition, strawbales and plastic sheeting shall be stored on-site for emergency control, if needed. Install filter .berms, check dams, retention basins, silt fences,. and traw bale dikes as needed on the projectsite, to ,protect downstream water quality during winter months. 52. ***GfOLOGY MITIGATION-1. Grading .activities shall occur only during periods when excessive moisture does not preclude proper compaction. Surface preparation shall follow the geotechnical report's recommendations regarding stripping vegetation, removing loose soil, and selecting and placing imported fill (G Mitigation 1.1) 53. ***GEOLOGY MITIGATION-6. An Engineering Geologist shall be present on site to observe the excavation of the north-facing cut slopes in the southern portion of the site. During the site preparation process in this area, any slope instability observed shall be mitigated by such mitigation measures identified by the Engineering Geologistthat could include: slopeflattening,soilhuttressing, or installation of retaining walls. (G Mitigation 2.2) 54. ' ***WATER QUALITY .MITIGATION-2. The property owner/developer shall ensure that the project will conform to the drainage and erosion control standards of the Town of Los Gatos. (W Mitigation 1.2) 55. ***WATER QUALITY MITIGATION-3. The following specific measures would be implemented during the site development phase of the project to minimize post-construction run-off and pollutant discharges: Enhanced landscaping to absorb stormwater runoff and provide settlement filtration prior to discharge into the storm drainage system and on-site drainage, vegetative swales, buffers, sediment barriers and traps., and cascading ponds to minimize contaminants entering the on-and off- sitestorm drainage system or Ross Creek, stabilization of disturbed areas with permanentvegetation as soon as .possible after grading, and installation and maintenance of a storm water system for collection of runoff form the site.(W Mitigation 1.3) 7 56. ***NOISE ..MITIGATION-4. All stationary noise-generating construction equipment, such as .air compressors and portable power generators, will be located as far as practical form existing residences, {N .Mitigation 3.3) 57. 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, or signs shall be repaired and replaced to a condition equal to or better than the original condition. Existing improvements 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 awalk-through with the Engineering Construction Inspector before the start of construction to verify existing conditions. 58. AS-BUILT PLANS. After completion of the construction of all work in the public right-of-way or easements, and beforethe release of the Faithful Performance Security, the original plans shall have all changes (change orders .and field changes) .clearly marked. The "As-built" plan shall again be .signed and "wet-stamped" by the .engineer of record, attesting to the changes. The original plans shall then become the property of the Town. 59. 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. 60. 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. (Building Section) 61. ***GEOLOGYMITIGATION-2. Foundationsshallbeoneofthefollowing.designs: structuralmat,.pier and grade beam, or post-tensioned slab. Where slab-on-grad type foundations are used on cut/fill 'lots, the lots should be subexcavated and back-filled with uniform material (G Mitigation 1.2) 62. ***GEOLOGY MITIGATION-3. The property owner/developer shall install a drainage system that minimizes storm and/ or irrigation water from seeping beneath the structures. In order to minimize soil saturation adjacent to foundations, measures shall be incorporated into the project such as: appropriate grading directed away from the exterior foundation, installation of subdrain systems around the perimeter of the residences and roof gutters designed and installed so that downspouts carry storm water away from the structures. (G Mitigation 9.3) 63. ***GEOLOGY MITIGATION-5. Structural designs for the development and structures shall incorporate the ground response parameters given for maximum credible earthquakes in the April 1, 1997 Terrasearch, Inc. geology/seismic report. (G Mitigation 2.1) 64. UTILITIES. The developer must agree to install all utility service, including telephone., electric power, and other communications lines underground, according to Town policy. Cable television capability shall be provided to all new houses. 65. PERMITS REQUIRED. A building permit application shall be required for each proposed structure. Separate Electrical/Mechanical/Plumbing permit shall be required as necessary. 8 66. CONSTRUCTION PLANS. The Conditions of Approval shall be stated in full on the cover sheet of construction plan submitted for building permit. 67. FOUNDATION INSPECTIONS. A .pad certificate prepared by a licensed civil engineer or land surveyor shall be submitted to the project building inspector upon foundation inspection. This certificate shall certify compliance with the recommendations as specified in the soils report and the building pad elevation and 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 Pad elevation a. Finish floor elevation b. Foundation corner locations 68. ***HAZARDOUS MATERIALS MITIGATION-2; ASBESTOS. Prior to demolition of the existing residence and outbuildings on Lot 2 .(Phase Two), building materials shall be sampled and analyzed for the presence of asbestos. The survey shall be completed by a certified asbestos specialist and appropriate measures regarding removal of all identified asbestos-containing materials and disposal shall betaken. Removal ofasbestos-containingmaterials in any identified building shall be performed by a licensed and registered asbestos abatement contractor and shall be disposed of at a landfill .permitted to accept asbestos. The asbestos report shall be submitted the Town prior to issuance of the demolition permit. In addition, the applicant will be required to obtain clearance for asbestos removal from the Bay Area Air Quality Management District prior to issuance of a demolition permit. (HM Mitigation 2.1) 69. RESIDENTIALTOWN ACCESSIBILITYSTANDARDS. The residences shall be designed to include the following features: a. Wooden backing (2 x 8 minimum) shall be provided in all bathroom walls at water closet, shower and bathtub, located at 34 inches from the floor to the center of the backing, suitable for the addition of grab bars. b. All passage doors shall beat least 32-inches wide on accessible floor. c. Primary entrance shall have a 36-inch wide door including: a 5-foot by 5-foot level landing no more than one inch out of the 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. 70. TITLE24 ENERGY COMPLIANCE. California Title 24 Energy Compliance forms CR-1 R and MF-1 R shall be printed on the construction plans. 71. PLANS. The construction plans for this project .shall be .prepared under direct supervision of a licensed architect or engineer. (Business and Professionals Code Section 5538) 72. TOWN FIREPLACE STANDARDS. New fireplaces shall be EPA phase II .approved appliances per the Town Ordinance 1905. Tree limbs shall be cut within 10 feet of chimneys. 73. HAZARDOUS FIRE ZONE. This project requires Class A roofing assembly. 74. DEMOLITION PERMIT REQUIREMENTS. Contact the Bay Area Air Quality Management District (415) 771-6000 and complete their process as necessary before obtaining a demolition permit from 9 the Town'Building Department. No demolition work shall be done without first obtaining a demolition permit from the Town. 75. TITLE 24 ACCESSIBILITY-COMMON AREAS. On site common areas shall comply with the latest California Title 24 Accessibility Standards for disabled access. Work shall include but not be limited to sidewalks and curb cuts. Open space trails and thelinear park trail/path are exempt from this requirement do to the unimproved character of these areas. 76, NON-POINT SOURCE POLLUTION STANDARDS. The Town standard'Santa Clara Valley Nonpoint Source Pollution Control Program specification sheet shall be part of plan submittal. The Specification sheet (Size 24" x 36") is available at the Building Department service counter. 77. ADDITIONAL .AGENCY APPROVALS REQUIRED. The project requires the following agencies .approval before issuance of a building permit: a. Santa Clara County Department of Environmental Health b. ,Santa Clara County Fire Department c. West Valley Sanitation District d. School Districts: (1) Union School'District: 377-8010 (2) Campbell Union High School District: 371-0960 Note: Obtain the school district forms from the Town Building Department, .after the Building Department has approved the building permit. TO THE SATISFACTION OF THE SANTA CLARA COUNTY FIRE DEPARTMENT: 78. REQUIRED FIRE FLOW. Required fire flow is 1500 GPM at 20 psi. residual pressure. 79. PUBLIC FIRE HYDRANT(S).. Provide public fire hydrants at locations to be determined jointly by the Central .Fire District and San Jose Water Company. Maximum hydrant spacing shall be 500 feet and the .minimum single flow hydrant shall. be 1.500 gallons per minute at 20 psi. residual pressure. 80. FIRE APPARATUS (ENGINE) ACCESS ROADS REQUIRED. Provide access roadways with a paved all weather surface and a minimum width of 12 feet, vertical clearance of 13 feet 6 inches, minimum circulating turhing radius of 36#eet outside and 23 feet inside, and a maximum slope of 15- percent. Installations shall conformm with Fire Department Standard Details and Specifications A-1. 81. FIRE LANE MARKING. REQUIRED. Provide marking for all roadways within the project. Markings shall be per fire department specifications. Installation shall also conform to Local Government Standards and Fire Department Standard A-6. 82. TIMING OF REQUIRED INSTALLATIONS. Therequired fire hydrant and roadway installations shall be in place, inspected, and .accepted by -the fire department prior to the start of framing. Bulk construction materials shall not be delivered to the site until the .hydrants and roadway have been accepted. Clearance fior building permits will not be given until such time as this requirement is addressed by the developer. 83. MARKED ROADWAYS. The fire access roadways within the project shall be marked in a manner approved by thefire department to prevent obstruction thereof. 10 TO THE SATISFACTION OF THE CHIEF OF POLICE: 84. ***NOISE MITIGATION-2. Demolition and construction activities will be limited to daytime hours of 8:00 a.m. to 8:00 p.m. on weekdays, and .9:00 a.m. to 7:00 p.m. on weekends. (N Mitigation 3.1) 85. ***NOISE MITIGATION-3. All .internal combustion engines for construction equipment used on site shall be properly muffled and maintained. (N Mitigation 3.2) N:\ATY\Kirshcon.res 11