2004-031- Granting In Part And Denying In Part Appeals Of A Planning Commission Decision Approving 13 New Single Family Residences Within An Approved Planned Development On Property Zoned Hr 5:PdRESOLUTION 2004 - 31
RESOLUTION GRANTING IN PART AND DENYING IN PART APPEALS OF A
PLANNING COMMISSION DECISION APPROVING 13 NEW SINGLE FAMILY
RESIDENCES WITHIN AN APPROVED PLANNED DEVELOPMENT ON PROPERTY
ZONED HR-5:PD.
PROJECT APPLICATION: 5=02-'088 THROUGH 5-02-100
.PROPERTY LOCATION: 17101 HICKS ROAD
PROPERTY OWNER: THE DAGNEY GROUP, LLC
APPLICANT: GREENBRIAR HOMES COlVIMUNITIES,INC.
APPELLANTS: GREENBRIAR HOMES COMMUNITIES., INC. (ALL APPLICATIONS)
AND MIKE AJLOUNY (5-02-99)
WHEREAS:
A. This matter came before Council for publichearing on March 1,.2004, on appeals by
appellants Greenbiar Homes Communities, Inc, .and Mike Ajlouny from a decision of the Planning
Commission and was regularly noticed in conformance with State and Town law.
B. Council received testimony .and documentary evidence from the appellant and .all
interested persons who wished to testify or submit documents. Council considered all testimony and
materials subnutted, including the. record of the Planning Commission proceedings and the packet
of material contained in the Council Agenda Report dated February 24, 2004, Desk Item dated
March 1, 2004, along with subsequent reports :and rnateriais prepared concerning this .application.
C. 'The applicant, appellantGreenbriar Homes, is requesting approval of architecture and
site applications to construct 13 new single family homes of different designs on 80:3 acres located
at the intersection of Shannon and Hicks Roads. The designs include variations in architectural style,
height, lighting fixtures, exterior materials and color schemes. On January 14, 2004, the Planning
Commission considered the architecture and site applications and .approved the applications with
conditions.
;-,
~._~
I
D. The appellants each allege that the Planning Commission erred or abused its
discretion and that the decision was not based on evidence in the record.
E. Council finds as follows:
1. Pursuant to Town Code section 29..20..300 the issues raised by appellants
involve the interpretation of the approved planned development ordinance and, therefore, concern
issues or policy over which the Commission did not have discretion to modify or address, but which
are vested in the Council for modification or decision.
2. According to the testimony of appellant Greenbriar,the square foot exemption
for the proposed garage is inadequate to comfortably house a vehicle for a family with dependent
children, therefore appellant Greenbriar should be allowed a maximum 795-799 square foot credit
for garages.
3. The proposed entry markers without signs are consistent with the rural nature
of the area in which the project is located and should be permitted as desired byappellant Greenbrar,
but project signs are not permitted.
4. Appellant Ajlouny's request that Council prohibit a second story on the
residence on Lot 12 is denied, however Council notes. testimony by the applicant stating a
willingness to consider relocating the second story on the residence on Lot 12, and suggests that the
applicant consider .doing so. Subject to the .approval of staff, the applicant may also .consider
switching the two story structure approved for Lot 12 with the one story structure approved for Lot
13.
5. Appellant Ajlouny's request that Council relocate the equestrian parking lot
is denied, however Council further directs staff to study access and security issues raised during the
2
r
public hearing and report back to Council in a form deemed appropriate by the Town Manager.
6. Appellant Ajlouny's request's that the applicant be ordered to extend services
and utilities to appellant's property is denied. However, the applicant has stated on the record that
it is willing to grant utility easements at no cost to neighbors, including appellant Ajlouny, and that
it will extend those services and utilities underground to neighboring properties at the expense of the
neighbors that desire to pay the costs of doing so, including appellant Ajlouny.
7, Appellant Ajlouny's other requests, including but not limited to lesser square
foot credits for garages than .approved herein and the removal of poles on Hicks Road, are denied.
8. All other conditions of approval shall :apply as approved by the Planning
Commission.
9. Pursuant to Town Code section 29.20.150, the considerations for approval of
Architecture and Site applications have been made..
RESOLVED.:
1. The appeal of Greenbriar of the decision of the Planning Commission on Architecture
and .Site Applications 5-02-088 through 5-02-100 is granted consistent with the contents of this
resolution. Revised Conditions of Approval, attached hereto as Exhibit A, are hereby applied to this
approval.
2. The appeal of Ajlouny of the decision of the Planning Commission on Architecture
and Site Application 5-02-99 is denied, except that the applicant is required to provide service and
utility easements to neighboring properties, including appellant Ajlouny.
3. The decision constitutes a final administrative decision pursuant to Code of Civil
Procedure section 1094..6 as adopted by Section 1.10.085 of the Town Code of the Town of Los
3
('l,
\-!
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 or federal law.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los
Gatos, California held on the 1St" day of March, 2004 by the following vote.
COUNCIL MEMBERS:
AYES: Sandy Decker, Diane McNutt, .Joe Pirzynski, Mike Wasserman,
Mayor Steve Glickman.
NAYS : None
ABSENT: None
ABSTAIN: None
SIGNED: 't..~/`'~~°"`~,-`.--~
MAYOR OF'THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST
CLERK OF THE TOWN OF - S GATOS
LOS GATOS, ,CALIFORNIA
4
{`~
CONDITIONS OF .APPROVAL
TOWN COUNCIL -March 1, 2004
17101 Hicks Road
Architecture and Site Applications 5.02-088 through 5-02-100
Requesting approval of 13 new single family residences within an approved Planned
Development on property .zoned HR-S:PD.
PROPERTY OWNER: The Dagney Group, LLC
APPLICANT: Greenbrier Homes Communities, Inc.
TO THE SATISFACTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT:
Planning Division
1. APPROVAL: This application shall be completed in accordance with all of the conditions
of approval listed below and in substantial compliance with he plans approved and noted
as Exhibit I in the Report to the Planning Commission dated January 14, 2004. 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 applications will .expire two
years from the date of approval unless the approval is used before .expiration. Section
29:.20.335 defines what constitutes the use of an approval granted under the Zoning.
Ordinance.
3. PLANNED DEVELOPMENT CONDITIONS, The conditions of approval of Planned
Development Ordinance 2097 are fully incorporated herein as conditions of approval of this
application., except as specifically modified by these conditions of approval.
4. DEED RESTRICTION: Prior to issuance of a building permit, a deed restriction shall be
recorded by the applicant with the -Santa Clara County Recorder's Office that requires .all
exterior paint. colors to be maintained in conformance with the Town's Hillside Development
Standards.
5. LANDSCAPE RULES & GUIDELINES. The Landscape Rules & Guidelines shall be
incorporated into the CC&R's and shall be provided to all home buyers. The following
changes shall be incorporated into the document:
a. Front yard landscaping shall be installed within three months of close of escrow or
issuance of an occupancy permit, whichever is later.
b. If an alternate landscape plan is proposed by a buyer, the front yard landscaping shall
be installed within three months of approval of the plan by the Town.
c. Landscape plans shall be approved by the Development Review Committee if a
grading permit is required. Otherwise, theplan shall be subject to the approval of the
Director of Community Development.
d. Landscaping shall be informal :and natural in design.
6. LANDSCAPE PLANS. Hardscape shall be limited to the satisfaction of the Director of
Community Development. Required trees, as specified by the Town'`s Consulting Arborist,
shall be planted by the developer prior to final inspection. 'The remainder of the front yard
5
-~,
•.u~
~. (..
landscaping may either be installed by the developer or home buyer per the approved
landscape plans (within three months of close of escrow orfiom the date of issuance of an
occupancy permit, whichever is laterj. Tf an alternate landscape plan is proposed by the
buyer, the plan shall be approved by the Community IDeveloprnent Director prior to
installation,. and the landscaping shall be installed within three months of plan approval by
the Town. Rear yard landscape ;plans shall be approved by the Cormunity Development
Director, or by the Development Review Committee if a grading ;permit is required. If the
front yard landscaping is not installed prior to final inspection, a performance bond of an
:amount to be determined by the Director of Community Development shall be paid prior to
issuance of an occupancy permit. The performance bond will be held by the Town until the
landscaping installation is complete.
7. OUTDOOR LIGHTING. Outdoor lighting shall be the minimum needed for pedestrian
safety and security. Lighting plans shall be .approved by the Community Development
Department for compliance. All outdoor lighting shall be down directed and shall not reflect
or encroach on neighboring properties. Outdoor lighting restrictions shall be included in the
CC&R's.
8. ORIENTATION OF HOUSES. Provide as much variety as possible relative to the
orientation of the houses to the street and the building footprints.
9. WINDOWS. Windows shall be recessed and/or hall be under overhangs, and shall be tinted
or coated to reduce glare during the day and light emanation at night. No snap-in grids are
allowed and windows shall be high quality with a wood .appearance if real wood is not used.
The plans shall Abe reviewed and approved by the Director of Community Development and
Consulting Architect as part of the building plan check review. This requirement shall be
included in the CC&R's.
10. GARAGE LOCATION. The garages shall be relocated to the rear of the houses or integrated
into the side so the doors are not visible from the .street. Consider the use of detached
garages and provide as much variety as possible.. Garage relocations shall .not impact. the
mass or scale of the homes nor appreciably increase grading quantities or the hadscape of
the site. 'The modifications shall be reviewed and approved by the Director of Community
Development and Consulting Architect prior to submittal of plans for building plan check.
11, LOTS 2, 5, 11 & 12. Two story homes shall be modified to reduce the bulk and mass.
Revised plans shall be reviewed and approved by the Director of Gomrnunty Development
.and Consulting Architect prior to submittal of plans for building plan check.
12. LOT 2. The integration of the main house with the breezeway and roof of the garage shall
be reviewed bythe Director of Community Development and Consulting Architect, and any
modifications that are determined to be.appropriate shall be incorporated into the plans. This
shall be completed prior to submittal of plans for building plan check.
13. LOT 12 WINDOW. The window at the rear of the house shall be reviewed by the Director
of Community Development and Consulting Architect to enure its design is appropriate for
a rural house, Any modifications that are determined to be appropriate shall be incorporated
into the plans. This shall be completed prior to submittal of plans for building plan check.
14. FOUNDATIONS. Consider use of pier and grade beam foundations as an alternative to the
proposed structural mat system foundations in order to reduce grading or to retain more of
the natural topography.
6
,, ,
Conditions of Approval
17101 Hicks Road/5-02-88 through 5-02-100
Page 7 of 1 S
15. FENCING. Fencing shall be as minimal as is practical and shall be of an open style to be
approved by the Director of Community Development. The type of fencing shall reflect the
Town's purpose of minimizing fencing in the hillsides and minimizing the visibility of
fences. Any modifications to the approved locations and/or style of fences shall be approved
by the Director of Community Development prior to installation. This .restriction shall be
included in the CC&R's.
16. PROJECT ENTRY MARKERS. The stone markers may be used to delineate the entrance
to the project but may not include a sign.
17. PERIMETER LANDSCAPING. A grove of native trees and shrubs shall be planted around
the subdivision to screen the new homes and to .continue the natural band of growth visible
on nearby hillsides. Planting shall be done in an irregular pattern to the satisfaction of the
Consulting Arborist and the Director of Community Development. The groves shall be
protected :and maintained by the Homeowner's Association and shall be included as a
provision in the CC&R's.
1.8. DOUBLE STAKING. All newly planted trees are required to be double staked to Town
standards.
19. TREE FENCING. Protective tree fencing shall be placed at the drip line of existing trees and
shall remain through all phases of construction. Fencing shall be six foot high cyclone
attached to two-inch diameter steel posts drive 18 inches into the ground and spaced no
further than 10 feet apart. Include a tree,protection fencing plan with the construction plans.
20. TREE PROTECTION. The recommendations of the Town's Consulting Arborist shall be
followed throughout construction (see reports from David L. Babby dated March 6 and June
9, .2003 for details). A final letter shall be submitted from the project aborist verifying that
:all measures to preserve the trees that will remain on the site have been implemented. The
letter shall be submitted prior to issuance of an occupancy permit.
21. EXTENSION OF UTILITIES. Utilities shall be extended to an adjoining neighbors
property upon request; however, the cost shall be borne by the adjoining neighbor.
Building Division
22. PERMITS REQUIRED: A building permit shall be required for all new structures.
23. :CONDITIONS OF APPROVAL: The Conditions of Approval shall be "blue lined''
in full. on the cover sheet of the construction plans.
24. SIZE OF PLANS: The maximum size of construction plans shall be 24" x 36".
25. PLANS.: The construction plans shall be prepared under the direct supervision of a
licensed architect or engineer (Business and Professionals Code Section 5538).
26. STREET NAMES & HOUSE NUMBERS: Submit requests for new street names
and/or house numbers from the Office of the Town Clerk prior to the building permit application
process.
27. SOILS REPORT: Two copies of a soils report, prepared to the satisfaction of the
Building Official, containing foundation and retaining wall design recommendations shall be
7
C'`
.-,
Conditions of Approval
17101 Hicks Road/5-02-88 through 5-02-100
Page 8 of i5
submitted with each building permit :applications. The reports shall be prepared by a licensed civil
engineer specializing. in coils mechanics.
28. FOUNDATION INSPECTIONS: A pad certificate :prepared by a licensed civil
engineer or land surveyor shall be submitted to the project building inspector at foundation
inspection. This certificate shall certify compliance with the recommendations as specified in the
soils report; and, the building pad elevation,. on-site retaining wall locations and elevations :are
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:
1. Building. pad elevation .
2. Finish floor :elevation
3. Foundation corner locations
29. 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-inch x 8-inch 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 bail.
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-foot x 5-foot level
landing, no more than 1-inch out of plane with the immediate interior floor level with
an 18-inch clearance.
30. TITLE 24 ENERGY COMPLIANCE: California Title 24 Energy Compliance forms
CF-1 R .and 1VIF-1R.
31. TOWN FIl2EPLACE STANDARDS: New wood burning fireplaces shall be an EPA
Phase IT approved appliance as per Town Ordinance 1905. Tree limbs shall be cut within 10 feet of
chimneys.
32. SPECIAL INSPECTIONS: When a special inspection is required 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 formshall beblue-lined on the construction plans. Special Inspection forms are available
from the Building Division Service Counter.
33. NONPOINT SOURCE POLLUTION STANDARDS: The Town standardSanta Clara
Valley Nonpoint Source .Pollution Control Program shall be part. of the plan submittal. The
specification sheet is available at the Building Division Service Counter.
34. CONSTRUCTION ROUTE.. Construction vehicles shall access the site form
Camden Avenue/Hicks Road, not Shannon Road.
TO'THE SATISFACTION OF THE DIRECTOR OF PARKS AND PUBLIC WORKS.:
Engineering Division
8
~ ~~
Conditions of Approval
17101 Hicks Road/5-02-88 through 5-02-100
Page 9 of 15
35, LOTS 1 AND 2 TURNAROUNID. Provide aturn-.around sufficient for a pickup truck at the
interior end of the 12-foot .access road.. PPW will deterrnine whether an additional gate is
required at his location upon completion demolition and rough grading operations.
36. OFF-STREET SANITARY AND STORM SEWERS AT HOlYIE SITE 5. The maintenance
access road within Lot 5 to off-street storm and sanitary sewer manholes is roughly 20-
percent. The applicant shall investigate the possibility of relocating the off-street manholes
closer to Hicks Road to eliminate the need for a steep access road. An 8- to 10-foot. wide
pullout for use by maintenance. crews shall also be investigated. 'Horizontal and vertical
curves that may result from such revisions shall conform to West. Valley Sanitary District
standards. Inthe-event that manhole relocation is not possible, the applicant shall prove that
the Town's hydroflush truck can in fact access the off-street manholes.
37. GRADING PERMIT. A .grading permit. is required for site grading and drainage.. The
grading permit application (with grading plans) shall be made to the Engineering Division
of the Parks & Public Works Department located at 41 lYliles Avenue. The grading plans
shall include final grading, drainage, retaining wall location, driveway, utilities and interim
erosion control. Grading plans shall list earthwork duantities 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 at 110 E. Main Street is needed for grading within the building
footprint.
38. RETAINING WALLS. A building permit, issued by the Building Department at 110 E.
Main Street, is required for all site retaining walls. Walls are not reviewed, approved, or
inspected by the Engineering Division of Parks and Public Works during. grading permit.
39. SOILS REPORT. One copy of the soils and geologic report shall be submitted with the
grading permit application. The soils report shall include specific criteria and standards
governing site grading, drainage, pavement design, retaining wall design, and erosion
control. The report shall be signed and '"wet stamped" by the engineer or geologist, in
conformance with Section .6735 of the California Business and Professions Code,
40. SOILS REVIEW. Prior to issuance of anypermit, 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
9
-,
Conditions of Approval
17101 Hicks Road/5-02-88 through 5-02-100
Page 10 of 15
observation and testing should be documented in an "as-built" letter/report prepared by the
applicants soils engineer and submitted to the Town before final release of any occupancy
permit is granted.
42. TRAFFIC IMPACT MITIGATION FEE (RESIDENTIAL). The developer shall pay a
proportional the project's share 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 request of Certificate of Occupancy is made. The
fee shall be paid before issuance of the Certificate of Occupancy. 'The traffic impact
mitigation fee for each new house in this project using the current fee schedule is $5,730.
The final fee. shall be:calculated from the-final plans using the rate schedule in effect at the
time of the request for a Certificate of Occupancy. Credit shall be given forthe house on:Lot
14, where a house was previous located, and for the three residences to be demolished..
43. GENERAL. All public improvements shall be made according to the latest adopted Town
:Standard Drawings and the Town Standard Specifications or as otherwise approved by the
Director of Parks and Public Works. 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(n)
Construction Encroachment Permit(s). All work over .$5,000 will require construction
security. Encroachment permits will be required for work in new streets only after the new
streets have been accepted as complete by the Town and all securities have been released.
45. PUBLIC WORKS INSPECTIONS. The developer or his representative shall notify the
Engineering Inspector at least twenty-four (24) hours before starting an work pertaining to
on-site drainage facilities, grading or paving, and .all work in the Town's right-of-way.
Failure to do so will result in rejection ow work that went on without inspection.
46. SURVEYING CONTROLS. Horizontal and vertical controls shall be set and certified by
a licensed surveyor or registered civil engineer qualified to practice land surveying, for the
following items:
1. Retaining wall--top of wall elevations and locations.
2. Toe and top of cut and fill slopes.
3. Top of future curb along one side of the new street.
47. .EROSION CONTROL. Interim and final erosion control plans shall be prepared .and
submitted to the Engineering Development Division of the Parks. & Public Works
Department. A11 grading. shall be performed under a master NOI and SWPPP prepared for
10
r'~
Conditions of .Approval
17101 Hicks Road/5-02-88 through 5-02-100
Page I1 of 15
the entire project including infrastructure and individual lot improvements. A maximum of
two weeks is allowed between clearing of an area/bulding on an area if grading is allowed
during the rainy season. In addition, straw bales and plastic sheeting shall be stored on-site
for emergency control, if needed. Install fiber berms, check dams, retention basins, silt
fences, erosion control blankets and fiber rolls as needed on the project site, to protect down
stream water quality during winter months.
48. SILT AND MUD IN PUBLIC RIGHT-OF-WAY. It is the responsibility 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 or creeks.
49. NPDES REQUIREMENTS. All work within the project shall be in conformance with the
National Pollution Discharge Elimination System permit issued to local agencies within
Santa Clara County by the San Francisco Bay regional Water Quality Control Board on
October 17, 2001.
50. FISH & GAME REQUIREMENTS. A "1603" permit shal'1 be obtained for the California
Department of Fish & Game for proposed improvements in or near riparian areas within that
agency's jurisdiction. A copy of the permit shall be provided to the Parks & Public Works
Department before any Town permits are issued.
51: UTILTI'IES. The developer shall install all utility services, including telephone, electric
power and all other communications lines underground, as required by Town Code
§27.50:015(b). Cable television capability shall be:provded to all new lots.
52. RESTORATION OF PiJBLIC IMPROVEMENTS. The developer hall 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 bisabled Access
provisions, Developer shall request awalk-through with the Engineering Construction
Inspector before the start of construction to verify existing conditions.
53. FENCING. Any fencing proposed within 200-feet of an intersection shall comply with
Town Code Section §23..10.080.
54. AS-BUILT PLANS.. After completion of the construction of all work, the original plans
shall have all changes (change orders and field changes) clearly marked. The "as-built" plans
shall again be signed and "wet-stamped" by the civil engineer who prepared the plans,
attesting o the changes. The original "as-built" plans shall be reviewed and approved by the
Engineering Inspector. A Mylar and AutoCAD disk of the approved "as-built" plans shall
be provided to the Town before the Occupancy Permit is released. The AutoCAD file shall
include only the following information and shall conform to the layer naming convention:
11
~,a )
r"
~ ~
Conditions of Approval
17101 Hicks Road/5-02-88 through 5-02-100
Page 12 of I S
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.
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 of each new lot.
56. CURB AND GUTTER. The developer shall repair and replace to existing Town standards
any curb and gutter damaged now or during construction of this proj ect.. New curb and gutter
shall be constructed per Town Standard Detail. The limits of curb and gutter repair will be
determined by the Engineering Construction Inspector during the construction phase of the
project.
57. **HYDROLOGY AND WATER QUALITY MITIGATION MEASURE 7-3. Energy
dissipaters should be provided at the outfalls of proposed storm drains to minimize the
increased potential for erosion hazards due to project development.
58. * *HYDROLOGY AND WATER QUALITY MITIGATION MEASURE The prof ect design
shall incorporate water .quality mitigation measures in accordance with current NPDES
requirements. Water quality measures should include use of biofilters, drainage swales, and
detention facilities to mitigate non-point source impacts. In addition, the SCVWD .and
RWQCB recommend the incorporation of site planning design measures to help reduce
potential contributions of urban pollutants from the project. See the Addendum to the EIR
for additional details.
59. SIGHT DISTANCE. In order to minimize potential traffic safety impacts the property
owner/developershallprovrde adequate sight distance at the project access road/Hicks Road
intersection through removal of vegetation and :grading of the embankment.
60. ENTRY MONUMENT. The Town Traffic Engineer shall review and approve the final
placement, height, and dimensions of the entry monument to insure adequate sight distance
is .provided.
61. TRAILS. A separate pedestrian trail shall be installed along the north side of Hicks Road.
Use of trails by bicyclists, particularly the trail parallel to Hicks Road, and design issues such
as trail widths, pavement versus compacted earth, and trailhead facilities shall be approved
by the Parks and Forestry Superintendent prior to issuance of any permit or recordation of
the final. map.
62. GEOTECHNICAL PLAN REVIEW. The project geotechnical consultant shall review and
approve all ,geotechnical aspects of the .project building and grading plans for individual
residences. on Lots 1 through 13 to ensure that their recommendations have been properly
incorporated. The :consultant shall verify that recommended measures to address potential
12
.-,,
r
~ r"
Conditions of Approval
17101 Hicks Road/5-02-88 through 5-02-100
Page 13 of 1 S
debris flow on Lot 6, and potential co-seismic ground deformation on Lots 1 and 13 have
been incorporated.
63. GEOTECI-INICAL FIELD INVESTIGATION. The project geotechnical consultant shall
inspect, test (as needed), .and approve all geotechnical aspects of the project construction.
The results of these inspections and the as-built conditions of the project shall be described
by the project geotechnical consultant in a letter and submitted to the Town Engineer for
review prior to final inspection.
64, SUBDRAII~IS. Subdrains shall discharge within thehome site property boundaries and shall
not cross utility easements. Splash pads (energy dissipaters) shall be provided at subdrain
outfalls.
65. SECURITY AND FEES. The Applicant shall provide all security and pay all fees prior to
issuance. of any permit or recordation of the Final Map.
66. .PLAN CHECK FEES. Plan check fees hall be deposited with the Town prior to submittal
of plans to the Engineering Division of the Parks .and Public Works Department.
67. INSPECTION FEES. Inspection fees shall be deposited with the Town prior to issuance of
any Permit or recordation of the Final Map.
68. 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 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.
69. DESIGN CHANGES. The Applicant's regisfiered Engineer shall notify the Town Engineer,
in writing, at least 72 hours in advance of all differences between the proposed work and the
design indicated on the plans. Any proposed changes shall be subject to the .approval of the
Town before altered work is started, Any approved changes shall be incorporated .into the
final "as-built" drawings.
70. PRECONSTRUCTIONMEEIING. Prior to issuance of any permit or the commencement
of any site work, the general contractor shall:
13
n
Conditions of Approval
17101 Hicks Road/5-02-88 through 5-02-100
Page 14 of 15
a. Along with the project applicant, :attend apse-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.
71. GOOD HOUSEKEEPING. Good- housekeeping practices shall be observed at all times
during the course of construction. Superintendence of construction shall be diligently
performed by a person or persons authorized to do so at all times .during working hours. The
storing of goods and/or materials onthe-sidewalk and/or the street will not be allowed unless
a special permit is issued by the Engineering Division.
72. SITE SUPERVISION. The General Contractor shall provide qualifiedsupervison on the job
site at all times during construction.
73. CONSTRUCTION NOISE. Between the hours of 8:00 a.m, to 5:00 p.m., weekdays and 9:00
a.m. to 4:00 p,m. weekends and holidays,. construction, alteration or repair activities shall be
allowed. No individual piece of equipmentshall 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.2.3.
TO THE :SATISFACTION OF THE SANTA CLARA COUNTY FIRE DEPARTMENT:
74. ROOFS. Roof systems shall comply with Class A .criteria.
75. ACCESS TO WATER SUPPLY. Portions of the structures are greater than 150 feet of
travel distance from the centerline of the roadway containing public fire hydrants. An
approved fire sprinkler system shall be provided throughout :all portions of the building (all
units are to be equipped with fire sprinklers).
76. TIMING OF WATER SUPPLY INSTALLATION. Installations of required fire service(s)
and fire hydrant(s) shall be tested .and accepted by :the Fire Department, prior to the start of
framing or delivery of bulk combustible materials. Building permit issuance may be
withheld until required installations are completed, tested, and :accepted.
77. FIRE APPARATUS (ENGINE) ACCESS ROADS. Provide access roadways with a paved
all weather surface, a minimum unobstructed width of 20 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 S tandard Details and
Specifications sheet A-1. .
78. FIRE DEPARTMENT (ENGINE) ROADWAY TURNAROUND. An approved Fire
Department engine roadway turnaround with a minimum radius of 36 feet outside and 23 feet.
inside shall be provided.. liistallation shall conform with Fire Department Standard Details
and Specifications A-1. Cul-de-sac dimensions shall be no less than 72 feet.
14
~^,
~...-
~ ~~
Conditions of Approval
17101 Hicks Road/5-02-88 through 5-02-100
Page I S of 15
79. TIMING OF REQUIRED DRIVEWAY INSTALLATIONS. Required access roads, up
through the first lift of :asphalt, shall be installed and accepted by the Fire. Department, prior
to the start of construction. Bulk combustible materials shall not be delivered to the site until
installation is complete. During construction, emergency access roads shal'1 be maintained
clear andunimpeded. Note that building permit issuance may be withheld until installations
are completed.
'80. PREMISE IDENTIFICATION. Approved numbers or addresses shallbe placed on all new
and existing buildings that will remain in a location that is plainly visible and legible from
the street or road fronting the property. Numbers shall contract with their background.
'N:\SHARE\Adopted Reno-Ords\Greeiibrlur,RES.wpd
1S
rte,