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2004-115-Denying Appeal Of The Planning Commission Decision Approving A Request To Expand Membership Provide Outside Seating For The Restaurant And Snack Shop And To Demolish An Existing Pro Shop To And Upgrade Landscaping And Parking FacRESOLUTION 2004-115 ADOPT RESOLUTION DENYING APPEAL OF THE PLANNING :COMMISSION DECISION APPROVING A REQUEST TO EXPAND MEMBERSHIP, PROVIDE OUTSIDE SEATING FOR THE RESTAURANT AND .SNACK SHOP AND TO DEMOLISH AN EXISTING PRO-SHOP, TO ADD ONTO AND CONSTRUCT NEW OUTBUILDINGS, EXPAND AND UPGRADE LANDSCAPING AND PARKING FACILITIES AND TO REMODEL AND ADD ONTO AN EXISTING CLUB HOUSE (LA RINCONADA COUNTRY CLUB) ON PROPERTIES ZONED R-1:20 AND RC AND PREZONED R-1:12. ARCHITECTURE AND SITE APPLICATION: 5-04-026 CONDITIONAL USE PERMIT:. U-04-99 PROPERTY LOCATION: 14595 CLEARVIEW DRIVE PROPERTY OWNER: LA RINCONADA PROPERTY APPLICANT: KENNETH RODRIGUES & PARTNERS, INC. APPELLANT: CHRIS DELAOSSA WHEREAS: A. This matter came before Council for public hearing on August 16, 2004, on an appeal by Chris DeLaOssa (appellant) 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 orsubmit documents. CounciLconsidereda1l 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 5, 2004, along with subsequent reports and materials prepared .concerning this application. C. The .applicant is requesting approval to demolish an existing pro shop, to add onto and construct new outbuildings, expand and upgrade landscaping and parking facilities and to remodel and add onto the existing club house. The applicant is also asking approval to modify the use permit to increase the membership (from 451 members to 511) and to allow outside dining for the existing restaurant and grill area. The Planning Commission considered this matter on June 9,. 2004 and approved the applications subject to conditions. D. Appellant claims that the Planning-Commission erred or abused its discretion and erroneously failed to consider the additional traffic impact on the neighborhood. E. The Planning Commission decision was correct. RESOLVED: 1. The appeal of the decision of the Planning Commission on Architecture .and Site Application 5-04-026 and Conditional Use Permit U-04-009 is denied. Revised Conditions of Approval, .attached hereto as Exhibit A and B, are applied to this appeal. 2. The decision constitutes a final administrative decision pursuant to Code of Civil Procedure section 1094.6 as adopted by section 1.10.:085 of the Town Code of the Town of Los Gatos. Any application for judicial relief from this decision must be sought within the time limits and pursuant to the procedures established by Code of Civil Procedure section 1094.6, or such shorter time as required by State .:and Federal law. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, on :the 7th day of September, 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: MAYOR OF'THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: CLERK OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA N:\SHARE\Adopted Reso-Ords\Comm-Dev\Clearview.RES:wpd CONDITIONS OF APPROVAL FOR THE CONDITIONAL USE PERMIT 14595 Clearview Drive Architecture and Site Application 5-04-026 Conditional Use Permit U-04-009 Requesting approval to expand the membership, provide outsideseatingfor the restaurant andsnack shop and to demolish an existing pro shop, to add onto and construct new outbuildings, expand and upgrade landscaping and parking facilities and to remodel and add onto an existing club house (La Rinconada Country Club) on properties zoned R-1:20 and RC and prezoned R-1:12. PROPERTY OWNER: La 'Rinconada Property APPLICANT: Kenneth Rodrigues & Partners, .Inc. TO THE SATISFACTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT: (Planning Division) 1. USE. Uses permitted include a private golf course with driving .range and a country club facility {see letter of justification from applicant, dated May 20, 2004, Exhibit A of Planning Commission report, for all approved uses). 2. REVIEW. The Planning Commission shall review the use permit in one year from the last approval, September 10, 2003, to evaluate the success of the mitigation measures and to determine if additional steps need to be taken to mitigate the errant golf balls from the driving range. This review shall not be noticed, but neighbors who have been involved with the public hearing process on this matter will be contacted of the review. 3. HOURS OF OPERATION. Hours of operation for Club room facilities shall be limited from 7 a.m. to 1 a.m. Monday through Sunday. On Mondays, the facility shall be open only for golf tournament related uses. 4. MEMBERSHIP. A total of 416 "certified" members and 65 "other" members is permitted. Once this membership is met, the Club may apply for an additional 30 "certified" and/or "other" members, for approval by the Development Review Committee (DRC). The DRC shall hold a public hearing to consider this request. At the time this request is submitted, the Club shall provide o the Town at least one year of data regarding golf club activity (e.g. the number of rounds of golf, the number of special events, such as weddings, special tournaments etc, deliveries, and day to day golf activities). An annua140,000 rounds of golf shall be considered to be the maximum threshold for .allowing additional members.. The maximum number of certified and social members combined shall not exceed 511.. 5. SEATS. The maximum number of inside and outside seats in the dining area shall not exceed 252. The maximum number of inside and outside seats in the grill room and snack shack area shall not exceed a total of 68. 6. OUTSIDE DINING. Patio meal service shall cease at 10 PM. 7. MUSIC. Music is permitted inside the club house. There shall be no outdoor music. 8. SERVICE VEHICLES.. All service trucks and vendors shall only use the Wedgewood Avenue entrance and exit. The .applicant shall request that vendor deliveries occur between 9 AM and 3 PM. No staging of delivery trucks shall occur on Town streets. 9. SECURITY GUARDS.. A uniformed security guard shall be present at all large party functions. 10. SIGNS. Sign shall be posted at exit from parking lot reminding drivers to exercise caution as they're going through a residential area with poor visibility in some areas. 11. CLUB POLICY.. The management of the Club shall maintain a policy to inform club members on how to use the driving range to reduce errant golf balls. 12. MEMBERSHIP NOTICE. The letter to the membership and the Country Club's web site shall Page 3 of 11 continue to include a render on how to use the driving range. 13. ANNUAL MEETINGS. The management of the Club shall .hold annual meetings with their neighbors on Clearview D>•ive and Wedgewood Avenue to discuss issues of concerns. 14. POLICING DRIVING RANGE. The driving range shall be policed by its members or staff at .all times when in use to ensure the range is being used correctly. 15. GOLF SIGNAGE. Signs shall be placed on all the ball machines to inform golfers to direct their golf shots towards the center of the driving range. Sgnage shall be maintained on the range reminding .golfers to hit towards the .center of the range and/or the targets. 16. DRIVING RANGE. The direction of the first four stalls on the left side of the driving shall be maintained toward the center of the driving range 17. INSPECTION. Country Club staff shall inspect along Wedgewood Avenue once a week for errant golf balls and document their findings. 18. HITTING STALLS. Irons only shall be required on the hitting stalls . The four stalls closest to Wedgewood Avenue shall prohibit the use of irons above 7. The stalls ..closest to Wedgewood Avenue shall be available for right handed golfers only. 19. NOTICE TO NEIGHBORS. The applicant shall notify impacted neighbors the dates and times of proposed sand deliveries. TO THE SATISFACTION OF THE DIRECTOR OF PARKS AND .PUBLIC WORKS (Engineering Division) 20. TRAFFIC COUNTS. The Town Engineering Division shall take traffic counts on Wedgewood Avenue six months after the Certificate of Occupancy is issued to the La Rinconada Country Club. The traffic .counts shall be summarized in tabular form and compared to those oaken by the Town prior to the project. The comparison shall be provided to Council and to the neighbors for review. Any action needed shall be initiated as directed by Council. N:\SHARE\Adopted Reso-Ords\Comm-Dev\Clearview.RES.wpd Page 4 of 11 CONDITIONS OF APPROVAL FOR THE ARCHITECTURE AND .SITE APPLICATION 14595 Clearview Drive .Architecture and Site Application 5.04-026 Conditional Use Permit U-04-009 Requesting approval to expand the membership, provide outside seating for the restaurant and snack shop and to demolish an existing pro shop, to .add onto and construct new outbuildings, expand and upgrade landscaping and parking facilities and to remodel and add onto an existing .club house (La Rinconada Country Club) on properties .zoned R-1:20 and RC and prezoned R-1:12. PROPERTY OWNER: La Rinconada Property APPLICANT: Kenneth Rodrigues & Partners, 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 the plans approved and noted as Exhibit I in the report to the Planning Commission. Any changes or modifications made to the approved plans shall be approved by the Director of Community Development., the Development Review Committee or the Planning Commission, depending on the scope of the change(s). 2. EXPIRATION: Zoning approval will expire two years from the approval date pursuant to Section 29.20.320 of the Town Code, unless the approval has been vested. 3. TREE REMOVAL PERMIT. A Tree'Removal Permit shall be obtained prior to the issuance of a Building, Grading or Encroachment Permit. 4. WHEEL STOPS. A continuous concrete curb shall be provided in the parking lot, unless a Town Code amendment or policy is adopted to allow wheel stops to meet Best Management Program methods for NPDES requirements. A continuous concrete curb is permitted with breaks in the curb to allow for drainage to the satisfaction of the Directors of Community Development and Parks and Public Works. 5. ARBORIST REQUIREMENTS. The developer shall implement, at their cost, all recommendations made by the Town's Consulting Arborist identified in the Arborist's report, dated May 18, 2004, on file in the Community Development Department. These recommendations must Abe incorporated in the building permit plans, and completed prior to issuance of a building permit, where applicable. 6. HEIGHT. The maximum height of the building shall not exceed 30 feet. 7. MECHANICAL EQUIl'MENT. All mechanical equipment shall be screened and the screening shall match the building in terms of material and color. Noise levels from the equipment shall not exceed what is permitted by Section 16.20.025 of the Town Code. 8. RECYCLING. All wood, metal, .glass and aluminum materials .generated from the demolished structures 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 Page 5 of 'LI prior to the Town's demolition inspection. 9. EXTERIOR MATERIALS. All finishes and materials shall be authentic. (Building Division) 10. PERMITS REQUIRED: A building permit shall be required for the addition to the country club.. A separate building permit is required for site retaining walls and detached restroom buildings; separate electrical/mechanical/plumbing permits shall be required as necessary. 11. CONDITIONS OF APPROVAL: The Conditions of Approval must beblue-lined in :full on the cover sheet of the construction plans. 12. SIZE OF PLANS: Four sets of construction plans, maximum size 24" x 36." 13. PLANS: The construction plans shall be prepared under the direct supervision of a licensed architect or engineer. (Business and Professionals Code Section 5538) 14. SOILS REPORT: A .soils report, prepared to the satisfaction of the Building Official, containing foundation and retaining wall design recommendations, shall be submitted with the building permit application. This report shall be prepared by a licensed civil engineer specializing in soils mechanics. ALTERNATE: Design the foundation for an allowable soils 1;000 psf design pressure. (Uniform Building Code Volume 2 -Section 1805) 15. FOUNDATION INSPECTIONS: A pad certificate ,prepared by a licensed civil engineer or land surveyor shall be submitted to the project building inspector at foundation inspection. This certificate shall certify compliance with the recommendations as specified in the soils report; and, the building pad elevation, on-.site retaining wall locations and elevations are prepared according to approved plans. Horizontal and vertical controls shall be set and certified by a licensed surveyor or registered civil engineer for the following items: a. Building pad elevation b. Finish floor elevation c. Foundation corner locations 16. TITLE 24 ENERGY COIVIPLIANCE: California Title 24 Energy Complianceforms CF-1R and MF-1R must be blue-lined on the plans. 17. TOWN FIREPLACE 'STANDARDS.: New firepit shall be an EPA Phase IT approved appliance as per Town Ordinance 1905. Tree limbs shall be .cut within 10-feet of chimneys. 18. TITLE 24 ACCESSIBILITY -COMMERCIAL: On-site parking facility shall comply with the latest California Title 24 Accessibility Standards. 19. TITLE 24 -COMMERCIAL: On-site general path of travel shall comply with the latest California Title 24 Accessibility Standards. Work shall include, but not be limited to, accessibility to building entrances from parking facilities and sidewalks. 20. TITLE 24 -COMMERCIAL: The building shall be upgraded to comply with the latest California Title 24 Accessibility .Standards. Necessary work shall be first investigated by the design .architect, then confirmed by Town staff. 21. SPECIAL INSPECTIONS: When a special inspection is required by UBC Section 1701, the architect or engineer of record shall prepare an inspection program that shall be submitted to the Building Official for approval prior to issuance of the building permit. The Town Special Inspection form must be .completely filled-out, signed by all requested ;parties and beblue-lined on the construction plans. Special Inspection forms are available from the Building Division Service Counter. 22. NONPOINT SOURCE POLLUTION STANDARDS: The Town standard Santa Clara Valley Page 6 of I 1 ~~~ ~ Nonpont 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. 23. APPROVALS REQUIRED; The project requires the following agencies approval before issuing a building permit: a. Community Development; Sandy Baily at 354-6873 b. Engineering Department: Fletcher Parsons at 395-3460 c. Parks & Public Works Department: (408) 399-.5777 d. Santa Clara County Fire Department: (408) .378-4010 e. West Valley Sanitation District: (408) 378-2407 f. County Health Department: (408) 885-4200 g. Local .School District: (Contact the Town Building Service Counter for the appropriate school district and to obtain the school form.) TO THE SATISFACTION OF THE DIRECTOR OF PARKS AND PUBLIC WORKS: (Engineering Division) 24. ANNEXATION. Parce1409-29-018 shall be annexed within 6 months of a certificate of occupancy. 25. 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 prior to issuance of a building permit, and guaranteed by Faithful Performance Security and Labor & Materials Security prior to issuance of an encroachment permit. The improvements must be completed and accepted by the Town within 6 months of issuance of a Certificate of Occupancy for any new or remodeled buildings. Wedgewood Avenue. Curb, gutter, sidewalk, curb-ramps, tie-in paving, signing, and striping on the south side of Wedgewood Avenue to provide a 15-foot half street paved width between Mulberry and Wimbledon. 26. TREE IMPACTS. The sewerline and hammerhead turnaround shall be redesigned to avoid tree impacts. 27. HYDROLOGY STUDY.. The developer shall prepare an hydrologic study of the watershed contributing to the roadside ditch adj acent to Wedgewood Avenue between Mulberry Drive and Wimbledon Drive prior to issuance of a building permit. 28. PUBLIC STORM DRAIN. The developer shall contract out the design and construction of public storm drain between Mulberry Drive and Wimbledon Drive. The Town will reimburse the developer for storm drain design and construction up to a maximum amount to be clearly identified in the development agreement. In no event will the developer be responsible for funding public storm drain improvements or design. The public storm drain shall be constructed concurrently with the Wedgewood Avenue curb., gutter .and sidewalk. 29. DEDICATIONS. The following shall be dedicated on by separate instalment. The dedication shall be recorded within 6 months of issuance of a Certificate of Occupancy for any new or remodeledbuldngs. Wedgewood Avenue. Public access easement as required to encompass the Wedgewood sidewalk. 30. DEVELOPMENT AGREEMENT. Prior to issuance of a building permit, the Developer shall enter into an agreement to: a. Construct public improvements within 6 months of issuance of a certificate of occupancy; P1ge 7 of 11 b. Contract for .design and construction of the Wedgewood Avenue public storm drain. The public storm drain shall be constructed within 6 months of issuance of a certificate of occupancy; c. 'Town reimbursement to developerfor construction of the Wedgewood public storm drain within 30 .days of receipt of an invoice; d. Dedicate a public access easement for the Wedgewood sidewalk within b months of issuance of a certificate of accupancy; e. Defer posting of security for public improvements until issuance of an encroachment permit; f. Construct the Wedgewood driveway modifications. within 6 months of issuance of a certificate of occupancy; g. Annex parcel 409-29-018 within 6 months of issuance of a certificate of occupancy. 31. PUBLIC IMPROVEMENT SECURITY. The applicant or his contractor shall supply suitable securities for all public improvements that are a part of the :development in a form acceptable to the Town in the .amount of 100% (performance) and 1:00% (labor and material) prior to issuance of an .encroachment permit. The public storm drain to be funded by the Town shall not be included in the security. Applicant shall provide two (2) copies of documents verifying the cost of the public improvements to the satisfaction of the Engineering Division of the Parks .and Public Works Department. 32. STORM DRAIN DETENTION. Modify mounding in the vicinity of the 6`h hole to increase on-site detention and to re-direct the overland drainage release to the SCV WD ditch adj acent to Wedgewood Avenue west of Mulberry Drive. The modifications shall be completed prior to issuance of any certificate of occupancy. 33, WEDGEWOOD AVENUE DRIVEWAY. The developer shall widen the driveway on Wedgewood Avenue near Mulberry Drive and recess the gate a minimum distance of 25-feet from the Wedgewood right of way to facilitate truck movements into and out of the site. Driveway modifications may require relocation to align the driveway with Mulberry Drive. The developer shall demonstrate that the new driveway configuration can accommodate a :transfer truck and a WB-50 truck. The driveway modifications shall be completed within 6 months of issuance of acertificate of occupancy. 34. GRADING PERTVI'IT. A .grading. permit is required for site grading and drainage. The grading permit application (with grading plans) shall be made to the Engineering Division of the Parks & Public Works Department located at 41 Miles Avenue. The .grading plans shall include final grading, drainage, retaining wall location, driveway, utilities and interim erosion .control. Grading plans shall list earthwork quantities :and a table of existing and proposed impervious areas. Unless specifically allowed by the Director of Parks and Public Works, the grading permit will be issued concurrently with the building permit. The grading permit is for work outside the building footprint(s). A separate building permit, issued by the Building Department on E. Main Street is needed for grading within the building footprint. 35. PRECONSTRUCTION MEETING. Prior to issuance of any permit or the commencement of any site work, the .general contractor shall: a. Along with the project applicant, attend apre-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 prof ect conditions of approval will be posted on site at .all times during construction. 36. RETAINING WALLS. A building permit, issued by the Building Department at 110 E. Main Street, may be required for site retaining walls. Site retaining walls are not reviewed or approved by the Engineering Division of Parks and Public Works during the grading permit ;plan review process. Page 8 of 11 \~ 37. SOILS REPORT. One copy of the soils report shal'1 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. 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. 40. INSURANCE. One million dollars .($1,000,000) of liability insurance holding the Town harmless shall be provided in a format acceptable to the Town Attorney before issuance of the building permit. 41. TREE REMOVAL. Copies of all necessary tree removal permits shall be provided prior to issuance of a grading permit. 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. 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. 44. 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. 45. 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 46. 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 urea 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 Page 9 of l l specification, filter berms, check dams, retention basins, etc. Provide erosion control measures as needed to protect downstream water quality during winter months. The grading, drainage, erosion control plans and SWPPP shall be incompliance with applicable measures contained in the amended provisions C.3 and C.14 of Order 01-024 of the amended Santa Clara County NPDES Permit. 47. 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. 48. CONSTRUCTION STREET PARKING. No vehicle having a manufacturer's rated gross vehicle weight exceeding :ten thousand (10;000) pounds shall be allowed on the portion of a street which .abuts property in a residential .zone without prior approval from the Town Engineer (§ 15.40.070). 49. SITE DRAINAGE. Rainwater leaders shall be discharged to splash blocks. No through curb drains will be allowed. 50, NONPOINT SOURCE POLLUTION PREVENTION. Bio-swales shall be provided within the parking lots. 51. CART WASHOFF FACILITY. The cart washoff facility drainage shall be connected to the sanitary sewer system. The washoff facility shall be covered and graded such that rainwater does not enter the sanitary sewer system. Additional sediment traps or filters maybe required by West Valley Sanitary District. 52. 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. 53. UTILITIES. The developer shall install all utility services, including telephone, electric power and all other communications lines underground, as required by Town Code §27.50.015(b). All new utility services shall be placed underground. Underground conduit shall be provided for cable television service. 54. 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 awalk-through with the Engineering Construction Inspector before the start of construction to verify existing conditions. 55. AS-BUILT PLANS. After completion of the construction of all work, the original plans shall have all changes (change orders and field changes) clearly marked. The "as-built" plans .shall again be signed .and "wet-stamped" by the civil engineer who prepared the plans, attesting to the changes. The original "as-built" plans shall be review and ,approved the Engineering Inspector.. A Mylar and AutoCAD disk of the approved "as-built" plans shall be provided to the Town before the Faithful Performance Security or Occupancy Permit is released. The AutoCAD file shall include only the following information and shall Page 10 of 1 l conform to the layer naming convention: a) Building Outline, Layer: BLDG-OL7TLINE; 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. 56. 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. 57. GREASE TRAPS. Meet all requirement of the Santa Clara County Health Department and West Valley Sanitation District for the interception, separation or pretreatment of effluent.. 58. CONSTRUCTION NOISE. Betweenthe 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. 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. (Parks and .Forestry Division) 60. GENERAL. All existing trees shown to remain on the plan and newly planted trees are specific subjects of approval of this plan and must remain on cite. 61. NEW TREES. The new trees to be planted shall bedouble-staked, using rubber tree ties and shall be planted prior to occupancy. 62. WATER CONSERVATION ORDINANCE REQUIREMENT. The proposed landscaping shall meet the Town of Los Gatos Water Conservation Ordinance. A review fee based on the current fee schedule adopted by the Town Council is required when working landscape and irrigation plans are submitted for review to the Town's Park :Superintendent. N:\SHARE\Adopted Reso-Ords\Cotrun-Dev\Clearview.RES.wpd