2009-099-Granting An Appeal Of A Decision Of The Planning Commission Denying An Application For A Two Lot Subdivision On Property Zoned Hr- 2 1/2RESOLUTION 2009-099
RESOLUTION GRANTING AN APPEAL OF A DECISION OF THE
PLANNING COMMISSION DENYING AN APPLICATION FOR A
TWO LOT SUBDIVISION ON PROPERTY ZONED HR-2'/Z
APN: 527-11-005
SUBDIVISION APPLICATION: M-06-4
NEGATIVE DECLARATION: ND-06-4
PROPERTY LOCATION: 15.500 FRANCIS OAKS WAY
PROPERTY OWNER: MIKE AND ANN MOFFAT
APPLICANT/APPELLANT: TONY JEANS
WHEREAS:
A. This matter came before the Town Council for public hearing on September 8, 2009, and
was regularly noticed in conformance with State and Town law.
B. Council received testimony and documentary evidence from the applicant/appellant and
all interested persons who wished to testify or submit documents. Council considered all testimony and
materials submitted, including the record of the Planning Commission proceedings and the packet of
material contained in the Council Agenda Report dated August 25, 2009, the Desk Item dated September
8, 2009, along with any and all subsequent reports and materials prepared concerning this application.
C. The appeal concerns a decision of the Planning Commission denying an application for a
revised two lot subdivision on property zoned HIZ 2'/z. The subject 7.96 acre property is located on the
south side of Francis Oaks Way at the westerly terminus of the road. Francis Oaks Way is a private road
that is not maintained by the Town. There is an existing residence on the site that was approved by the
Town Council in 2000. The application proposes lot sizes of 4.89 acres and 3.06 acres.
D. The application was considered and denied by the Planning Commission on June 24,
2009. The applicant/appellant appealed the Commission's decision on June 30, 2009.
C. The applicant/appellautclaims that the Planning Commission erred or abused its
discretion in finding that the proposed subdivision is not physically suitable for the use and density of the
proposed single family residential use and Town codes and ordinances; it ignored the direction of the
Town Council from the previous application on December 13, 2006.
P. The Planning Commission erred in denying the application. That decision should be
reversed and the application approved.
G. Council finds as follows:
Pursuant to Town Code Section 29.20.300(b) (1), Council reverses the decision of
the Planning Commission because there was error or abuse of discretion on the part of the Planning
Commission; to wit, evidence in the record does not support findings for denying an application governed
by the Subdivision Map Act, specifically that the site is not physically suitable to the type and density of
the proposed development. On the contrary, evidence in the record demonstrates that the proposed
subdivision would result in a development site that is relatively flat, thus eliminating the possibility of
extensive grading; and free of trees, thus eliminating the need to remove healthy trees, and would produce a
parcel similar in size to those existing in the surrounding area accessed by a relatively short driveway
connected to Shady Lane.
ii. A mitigated negative declaration is appropriate for this project. The only evidence
to the contrary concerned whether the project would either disrupt an alleged existing riparian corridor or
eliminate the possibility of restoring a riparian corridor. However, this evidence concerned the prior
condition of the site, which is now dry as a consequence of the installation of a storm drain inlet upstream
of the proposed home site.
H. Council notes that the Planning Commission decision did not rest on the question of
access, specifically a dispute regarding the intent of an access casement that provides access via Shady
Lane. The Commission was provided sufficient evidence and advice regarding the adequacy of the
easement for purposes of the Town determining the adequacy of access to the proposed site.
RESOLVED:
That the appeal of the decision of the Planning Commission denying Subdivision
Application M-06-4 is granted and the application is approved, subject to the conditions of approval
attached hereto as Exhibit "A" and by this reference frilly incorporated herein. Said conditions of approval
shall require a scenic easement as articulated by staff during the hearing and also require that access to the
new parcel shall be taken only via Shady Lane.
2. That the Mitigated Negative Declaration is made for this project and the Mitigation
Monitoring Plan is approved and adopted.
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 fi•onn 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 tune 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 September 2009, by the following vote.
COUNCIL MEMBERS:
AYES: Diane McNutt, Joe Pirzynslci, Steve Rice, Barbara Spector, Mayor Mike Wasserman
NAYS:
ABSENT:
ABSTAIN:
SIGNED; ~,~i~
G~Y'l~C~,
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
O-~
~~ ADMINISTRATOR
TOWN OP LOS GATOS, CALIFORNIA
~~1E-II.r3rr A
TOWN COUNCIL ~- SEPTEMBER 8, 2009
CONDITIONS Or APPROVAL
1SS00 Francis Oalcs Way
Subdivision Application M-06-4
Negative Declaration ND-O6-~1
Requesting approval of a two lot subdivision on property zoned HR~2. No significant envirorunental
impacts Have been idetrtiiied as a result of this project and a Mitigated Negative Declaratiot~t is
recomrneruled. APN 527-11-OOS.
PROPERTY OWNER: Milce and Atu7 Moffat
APPLICANT: Tony .Jeans, T.H.I.S. Design
T 0 THE SATIShACTION OF TIDE DIRECTOR OF COMMUNITY DEVELOPMENT:
r'laranin~• Division
1. APPROVAL. Tlti s application shall be completed in accordance with all of the conditions of
approval listed below and in substantial compliance with the plans approved on May 13,
2009 and noted as received vy the Town. ort April 28; 2009. Arty changes or rnodiPications to
the approved plans slzall be approved Uy the Corntnunity Development Director or the
Planning Commission dependitlg on the scope of the change(s).
2. EXPIRATION OF APPROVAL. The Tentative Map application shall expire two years fiom
the date of approval if a Final Map has not been recorded, pursuant to Sections 21.20.070 and
2~1.70.O~S of the Subclivisiot~ Ordinance.
3. TOWN INDEMNI"1'Y, Applicants are noti.hed that Town Code Section 1.10.115 requires
that any applicant who receives a permit or entitlement from the 'T'own shall defend,
indemnity, and lxold harmless the Town and its officials in any action brought by athird party
to overturn, set aside, or void the peen-tit or etatitlement. This require~rtent is a condition of
approval of all such pcrnuts and entitlements whether or not expressly set forth in the
approval, and may Eye secured to the satisfaction of the Town Attorney.
~1. ARCHITECTUT~.1 AND .SITE APPROVAL REQIJIRED. An Architecture and Site
application and approval is required for the rtcw residence on Parcel ?.,.
5. AR130RIS"f REVIEW, flans ['or the new residence on Parcel 2 shall be reviewed. incl.
evaluated by the Town's Consulting Arborist during the Architecture and Site process.
6, LANDSCAPE PLAN. A landscape plan shall be included withtlte plants subtrtitted with tl.e
Architectue; and S;i.te application I'or the new resid.encc on Parcel 2.
7. SCENIC 13ASI~MLNT. A scenic: easement sl~al be recorded over the upper portion of the
properly as shown on the tentative map. Trees within the easement may only be tritntned or
prtulecl as allowed by the Town's Tree Protection Ordinance. Any planting within the
easement shall be clrottglrt tolerant native species. Temporary above ground irrigation lines
tray be installed, but shall be removed once netiv plants are established. No permanent
structures maybe constructed within the easement.
PARCEL 2 ACCESS. Access to Parcel 2 shall be taken solely from Shady bane.
1SS00 Francis Oalcs Way/M-O6-04
Conditions of approval
Pcr~e 2 of 8
9. BIOLQGICALIZESOURCES MII'IGATIONMIsASURE-1. If land clearing, grading, tree
and brush removal, tree triirnning or demolition activities are to occur dieing the nesting
season (February 1 to August 1 S}, apre-construction survey for nesting nligratoiy birds shall
be conciueted by a qualified biologist from one to four weeks prior to the initiation of v~rorlc.
If no nesting birds are observed, work may proceed. If work is delayed mare than foie weeks
fi•om the .date of the survey, and it is still within the nesting season, the pre-construction
stuvey shall be repeated.
10. BIOLOGICAL RESOURCES MITIGATION MEASURE-2. If occupied active nests of a
migratory bird species are identified, a suitable buffer shall be established around the nest
tree. Work within the buffer zone shall be prohibited until August l 5th or until the young
Dave fledged, as determined by tl~e project biologist. The dimensions of each bul`fer zone
shall be determined by the biologist in consultation with the CDFG.
1 l , BIOLOGICAL RESOURCES NIITIGA'I'ION MIASURT'-3. If fiitime development plans
include removal of any existing trees, the Tow~i's Consulting Arborist shall deterrninc
conformance with the Town's "lree Protection Ordinance, Future development plans shall
incorporate the Arbo7'ist's recommendations to reduce potential impacts associated with tree
removal.
TO 'f Hr SATISI'ACTION Or THE DIRECTOR OF I'AIZ.I~S AND PUBLIC WORKS:
Lngdn.ee~°ing Df7~iszor~
l ?_. I~INISIdED FLOOR ELE~IATION. The finished floor elevation shall be a minimum of two
(2) feet above the 100-ye~u• water s~uface elevation. Hydraulic calculations prepared by a
licensed civil engineer shall be subnvtted with the graduig pern~.it application.
13. GRAIDING PERMIT. A grading permit is required for site grading and drainage. Tl1e
grading permit application (with grading plans) shall be made to the Engineering Division of
the Parlcs & Public Worlcs Department located at 41 Miles flvenue. 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 tl~e Director of Parlcs and Public
Worlcs, the grading permit will be issued. concurrently with the building permit. The grading
permit is for r~vorlc outside the building footprint(s). A separate building permit, i ssued by the
13~tilding Department on 1J. Main Street is needed for grading within the building footprint.
14. SURVEYING CONTROLS, horizontal and vertical controls shall beset and certified by a
licensed surveyor or registered civil engineer qualified to practice ]and surveying, for the
following items:
a, Retaining wall--top of ~Ja.ll elevations and ]ocaCions
b. Toe and top of cut and fill slopes
1SS00 Francis Oaks Way/M-06-04
Conditions of approval
.Page 3 of 8
1S. UTILITY COMPANY REVIEW. Letters fioln the electric, telepllolle, cable, and trash
companies indicating that the proposed improvements and easements' are acceptable shall be
provided prior to recordation o`C tlae final lnap.
16. WEST VALLEY .SANITATION DISTRICT, All sewer col>YZection and treatment plant
capacity fees shall be paid either immediately prior to the recordation of alay subdivision or
tract snaps with respect to the subject property or properties, or immediately prior to the
issuance of a sewer colniection permit, which ever event occurs first Written confirmation
of payment of d~ese fees shall be provided prior to leap recordation.
17. TREE REMOVAL. Copies of all necessary tree removal permits shall be provided prior to
issuance of a gl•ading permit.
18. SOILS ENGINEER CONSTRUCTION OBSERVATION. During construction, all
e~zcavations and grading shall be inspected by the applicant's soils engineer prior to
placement of concrete and/or baclcfill so they can verify that the actual conditions are as
anticipated in the design-level geotechnical report, and recommend appropriate changes in
the reconnnendations contailaed in the report, if llecessaly, The results of the construction
observation and testing should be documented in an "aS-bllllt" letterh•eport prepared by the
applicatlts' soils engineer and submitted to the Town Uel'ore final release of any occupancy
pel•1•nit is granted.
19. I'AD CER'TIT'ICATION. A letter from a licensed lard surveyor shall be provided stating that
the building foundation was constructed in accordance with the approved plans shall be
provided subsequent to foundation construction and prior to construction on the structure.
The pad certification shall address both vertical and horizontal foundation placement.
20. PRECONS'1""RUCTION 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-constructiol~ meeting with the "town
Engineer to discuss the project conditions of approval, working hours, site
maintenance a1xl other construction hatters;
b, Aclaiowledge in writing that they have read and undel•stal~d the l~rojcct conditions of
approval, and will rnalce certain that all project snb-contt'actors have read and
urulerstarul them prior to conuncncing work and that a copy of the project conditions
of approval will be posted on site at all times d.urin.g construction.
21, SOILS REPORT. One copy of the soils report shall be submitted with the grading permit.
application. The soils report shall include specific criteria and standards governing site
grading, ch•ainagc, pavement desigli, screening level slope stability analysis, retailaitag wall
design and erosion control. Slope stability analysis shall be incorporated into the
recommendation for foluldation design. The reports shall be signed and "wet stamped" by
the el~gineer orgeoiogist, in conformance with Sectiola 6735 of the California Business and
Professions Code. The report shall be submitted for review prior to issuance of any permits.
1SS00 Francis Oalcs Way/M-06-04
Cotlditions of approval
~'crge 4 of 8
22. .SOILS REVIEW, Prior to isstr~tt~ce 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 situ 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 tl~e plans.
23. RETAINING WALLS. A building permit, issued by the Building Department at 110 E,
Main Street, may be required for site retaining walls. Walls are not reviewed or approved by
the Engineering Taivisiotl of Parks and Public Worlcs during the grading permit plan review
process,
?_~l, .PARCEL MAP. A parcel map shall be reeordecl prior to issuance of any permits. .Two
copies of the parcel map shall be submitted to the Engineering Division of the Parks &
Public Wot•lcs Department for review and approval, Submittal shall include closiu•e
calatlations; title reports and appropriate fee,
2S. T`1ZENCHING MOlZ~1TORIUM, Trenching within a newly paved st7•eet will be allowed
subject to t}te following requirements:
a. 7'he `l,own standard "T" trench detail shall be used,
b. A Town approval colored controlled detrsity bacl~ll shall be used.
c. The total asphalt tliiclaless shall be a mitumu~n of 3-inches or shall txratch the
existing thickness,whichever isgreater. The final lift shall be l .S-itaehes ofhalf inch
medium asphalt. The initial lifts} shall be of three quarter inch medium asphalt.
d. The Contractor shall schedule apre-paving meeting with tl7e Town Engineering
Construction Inspector the day the paving is to take place.
e. A slurry seal topping may be required by the construction inspector depending leis
Assessment of the quality of the trench paving, I:Crequired, the slLUly seal shall extend
the fitll width of the street artcl shall extend S-feet beyond the longitudinal limits o'C
trenching, Shirty seal materials shall be approved by the Town Engineering
Construction Itspector prior to placement. ]3laclc sand maybe required its the slurry
tnix. All existing striping and pavement marl~ings shall be replaced upon cotnplction
of slurry seal operations.
f. A separate; bond for trench saw cutting and paving tray, be provided at the time of
building permit issuance. In the event such a bond is posted, the slLiriy seal provision
above would be waived,
26. `l'RAl~Ii1C 1MPACT MITIGATION FEE. The developer shall pay a proportional the
project`s share of trartsportatiort improvertlents nced.cd to serve cumulative development
within the "Town of Los Gatos. The fee amount will be based upon the Town Counei.l
resolution in effect at the time the building permit is issued. The fee shall be paid before
issuance of a~ building permit, The traffic impact mitigation fee 1'or this project using the
cLUrent fee schedule is $5,742, The fir na.l fee shall be calculated foi7n the final plans using the
rate schedule in effect at the tithe the building permit is issued.
15500 Fratacis Oalcs Way/M-06-O~1
Conditions of approval
PpgL' S Of ~'
27. GENERAL,. All public improvements shall be trade according to•the latest adopted Town
Statadat•d Drawings atad the Town Staxtdard Specifications, All work shall conform to the
applicable Town ordinances. T11e adjacent public tight-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 stoma
drainage facilities. Tlie 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 flours, Failure to maintain the public right-of way
accorduag to this condition may result in the Town performing the required maintenance at
the developer's expense,
28. ENCROACfINfENT PERMIT. All work in the public right-of--way will require a
Construction Encroaclunent Permit. All work over $5,000 will require construction security,
2). PUBLIC WORDS INSPECTIONS. The developer or laic representative shall notify th.e
Engineering Inspector at least twenty-four (24) hours before starting any work pertaining to
on-site drainage facilities, grading or pavir7g, and .all work in the Town's right-of--way.
Failure to do so will result in rejection of work that wont on without inspection.
30. EROSION CONTROL. Itatetitn and final erosion control plans shall be pt•eparecf atxl
subtlaitted to the Engineering Divisiost of tlae Packs & Public Worl<s Department, A Notice o C
Intent (NOI) and Stortn Water Pollution Prevention Plan (SWl'I'P) shall be strbrnitted fio the
San Fr•~rracisco BayR.cgiotaal Water Quality Control Board forprojects disturbing mare thata
orte acre, A maxiu~tuaa of two weeks is allowed between clearing of an area and
stabilising/building onan area if grading is allowed during the rainy season. Interim crosiort
control measures, to be carried out during constructions atad before installation of the final
landscaping shall be included. Interim erosion control n-tctlaod shall include, but are not
limited to: silt fences, fiber, rolls (with locations and details), erosion control blatalcets, Towns
standard seeding specification, filter betaais, claeclc dams, retention basins, etc. Provide
erosion control naaeastires as needed to project downstream water quality during winter
rnotatlas. The grading, drainage, erosion cotatrok plans and SWPPP shall be in compliance
with applicable treasures contained in the amended provisions C.3 and C, l 4 of Orcler No.
R2-20050035 of the ~unended Santa Clara County NPDES Permit.
31. DUS'1~ CONTROL. Blowing chest shall be reduced by timing constructions 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 t1•re site subject to blowing dust shall be
watered as often as d.cemed. tecessary by tlae Town, or a nninainaum of tluce times daily, or
apply (non-toxic) soil stabilizers on all tuapaved access roads, parking areas, and staging
areas at construction sites in order to instue proper control of blowing dust for the duration of
the project. Watering on public streets shall not occur. 'Streets will be cleansed by sheet
sweepers or by hatad as often as deemed .necessary by tlae Town Engineer, or at least once a
day. Watering associated with on-site construction activity shall take place between the
hours of 8 a.rn. and 5 p.m, and shall include at least one late-afternoon watering to naininaize
15SOU Francis Oaks Why/M-06-44
Conditions of approval
Pcc~e 6 of 8
the effects of blowing dust. All public streets soiled or littered due to (:Ills construction
activity shall be clearrecl and swept on a daily basis during tl~e worlcweelc to the satisfaction of
the Town. Demolition or• earthwork activities shall be halted when wind speeds
(instantaneous gusts) exceed 2S MPFI• All truclcs_haulitlg soil, sand, ar other loose debris
shall be covered.
32. SITE DRAINAGE. Rainwatex• leaders shall be discharged to splash blocks. No tlu•ough curb
drains will be allowed. A detailed site drainage plans with drainage management system to
maximizes on-site drainage percolation and maintains storm run-offfrom the site at the pre,
development levels is required to be subrrritted and approvedprior to issua11ce of jury permits.
33. NPDI;S. On--site drainage systems shall include a filtration device such as a bio-swale or
permeable pavement.
34. SILT AND MUD T>`l PUBLIC RIGHT-OF-WAY, It is the responsibility of contractor and
home owner to naalce sure that all dirt traelced into the public right-of way is cleaned up on a
daily basis. Mud, silt, conc~•ete and other construction debris SHALL NOT he washed into
the Town's storm drains,
3.5. UTILITIES. The developer shall install all utility services, including telephone, electric
power and all other cornmtuiications lines underground, as required by `T'own Cocle
§27.5~.015(b). All new utility services slaall be placed underground. Underground conduit
shall be provided for cable television service.
3 6. 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, sigaas, pavements, ra.isecl pavement markers, thermoplastic pavernen.t markings,
etc. shall be repaired and replaced to a condition equal to or better than the original
condition. Existing improvement to be repaired or replaced shall be at the direction of the
Engineering Construction Inspector, and shall comply with all Title 24 Disabled Access
provisions. Developer .shall request a walls-tluough with the Engineering Construction
Inspector before the start of construction to verify existing conditions.
37. CURB AND GUTTER. The developer s1~a11 repair and replace to existing Town standards
any curb and gutter damaged now or during construction ofthis project. New curb and gutter
shall be constructed per Town Standard Details. The limits of curb and gutter repair will be
determined by the Engineering Construction Inspector during the construction phase of the
project.
38. SANITARY S1~W1~R I_,A1'ERAI_.. Sanitary sewer laterals arc televised by West Valley
Sanitation District and approved by the Town of Los Gatos before they ~u•e used or reused.
Install a sanitary sewer lateral clean-out at the property line,
39. SANI'T'ARY SEWER BACKWATER VALVE. Drainage piping serving fixtures which have
flood level rings less th~u1 twelve (12) inches (304.8 nun) above the elevation of the next
upstream marillole and/or flushing inlet cover at tlae public or private sewer system serving
such drainage piping shall be protected from baclcflow of sewage by installing ari approved
15500 Francis Oaks Way/M-06-04
Conditions of approval
Page 7 of 8
type backwater valve. Fixtures above such elevation shall loot discharge through the
backwater valve, unless first approved by the Adminisri•ative {Sec. 6.50.025). The Town shall
not incur arry liability or responsibility for damage resttltillg fl•orn a sewer overflow where the
property owner or other person has failed to install a backwater valve, as defined section
103(e) of the Ulaiforlaa Phunbilag Code adopted by section 5.50.010 of the Town Code and
maintain such device in a functional operating condition. Evidence of West Valley Sataitation
District's decision on whether a backwater device is needed shall be provided prior to
issuance of a building permit.
40. AS-BUIL TPLANS. At1 AutoCAD disk of the approved °as-built" plans shall be provided to
the Town prior to issuance of a Certificate of Occupancy, The AutoCAD file shall naclude
only flee following infornaatiola and shall conform to the layel• naming convention; a)
Bllllding Olltlllle, Layer: BLDG-OUTLINE; b) Driveway, Layer: DRIVEWAY; c) Retailaing
Wall, Layer: RETAINING WALL; d} Swimming Pool, Layer: SWIMMING-POOL; e)
Tennis Couit, Layer: TENNIS-COUR`T'; ,~ 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 IZighel•.
41. CONS 1 RUCTIONNOISB. Between the bolus o:f 8:00 a.ln, to 8:00 p.in., weekdays and 9:00
a.rn. to 7:00 pan. weclcends arld holidays, construction, alteration or repair activities shall be
allowed. No individual piece of equipment shall produce a noise leve] exceeding eighty-five
(85) dI3A at twenty-five (2S) feet. Iftlze device is located within a shuetul•e on the property,
the measurement shall be laaacie at distances as close to twenty-flue {25) feet from the device
as possible. The noise level at .any paint outside of the property plane shall not exceed
eighty-five {85) dBA.
42. HAULING OF SOIL. I-Iauling of soil on or off site shall not occur dtu•ing the morning or
evening peak periods (between 7:00 a.m, and 9:00 a.n1. axed between 4:00 p.n1. and 6:00
p.na.). Prior to the issuance of a building perlaait, the developer shall work with the Town
13uilcling and Engineering Departlaae~at Engileering Inspectol•s to devise a traffic colatrol plan
to erasure safe a11c1 efClcierlt traffic flow tuader periods when soil is hauled on or offthe project
site. This may inclucic, but is not limited to provisions for flee developer/owner to place
.construction notification signs noting the dates anti tilde of constillction and hauling
activities, or providing adclitiorlal trafl7c control. Cover all trucks hauling soil, salad, and
other loose debris or require all trucks to maintain at least two feet of fieeboard.
15,500 Fr~uicis Oalcs WaylM-06-04
Conditions of approval
Page 8 of 8
'TU THE SATISFACTION OF THE SANTA CLARA COUNTY FIRE DEPARTMENT;
43. REQUIRED FIRE FLOW. Req~.tirecl fire flow is 1,750 GPM at 20 psi, residual pressure.
44. PUBLIC FIRE HYDRANT. Provide a public fire hydrant on Shady Lane. The location shall
be determined jointly by the Fire Department and San Jose Water Company. Maximum fire
hydrant spacing shall be 500 feet with a rninimurn single lrydrant flow of 2500 GPIvZ at 20
psi, residual.
45. FIRE HYDRANT LOCATION IDENTIFIER. Prior to final inspection the general contractor
shall ensure that an approved fire hydrant location .identifier ("blue dot")has been placed in
the roadway for each new hydrant as directed by the Dire Department.
46. PREMISE IDENTIFICATION. Parcel 2 shall have a Shady lane address. Approved
addresses shall be placed on all new buildings so t1~e~~ are clearly visible and legible from
Shady Lane. Nz~mbers shall be a. minimum of four inches high and shall contrast with their
baclcgrouncl.
N:\DE\~CONDITN513.UU9U~ O~Y I SSUU-'1'M.DOC