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CL w c U 0 @ omo'' d O O M O W L o 'O N U C m C m O c U d 0- U mO r U C G O , 0°y M w 3 2 N C �> y '7 ma \ j \ q ( \ � \ � / \ ; a \ % ; \ i \ \,\ §§j z2{ 22y @ \§ §&e wed k J . \ @ '6E( k0> °oa ƒems )� \�.1M 00M7 0 # ®§fc Ire 0 2 0 a - E E o E -:E)§er\{\ \ \/ ( «`0 -0- E( + %Ea =°y = ®!£m»MO ® ) \jf$!){ {f \ / «{'fa: \ ` -/ 0k![\ \ § ;EE)%2 / \{ }) 5 \f /f ƒt§° ) a{a§f\ / \ /\ 0 j \$)\2)Q\\0> , 26E'&00) C±oW _ - mo=ms - f /2))ID M § �) /,,E`\ ! 7 {#2 §(B § \ \0 \ / - - ±EE,» =tom \ \\\ \ \\\ \\'0a.E uj This Page Intentionally Left Blank PLANNING COMMISSION —February 26, 2014 REQUIRED FINDINGS FOR: 100 Prospect Avenue Subdivision application M -13 -003 Environmental Impact Report EIR -13 -002 Requesting approval to subdivide a 10.3 acre parcel into 17 lots on property zoned R -1:20. An Environmental Impact Report has been prepared. APN 529 -44 -005. PROPERTY OWNER/APPLICANT: Sister of the Holy Names of Jesus and Mary FINDINGS: Required,findings for CEQA: An Environmental Impact Report (EIR) was prepared for the project and is being certified for the proposed subdivision application. A Mitigation Monitoring and Reporting Program is being adopted as required by CEQA. Required findings required by Housing Element Policy HOU -9.1: The proposed development is consistent with the Town's Housing Element and addresses the Town's housing needs as identified in the Housing Element. Subdivision Map Act findings,for denial: In order to deny the application, the deciding body must make one or more of the following findings, as required by Section 66474 of the State Subdivision Map Act: a. That the proposed map is not consistent with applicable general and specific plans as specified in Section 65451. b. That the design or improvement of the proposed subdivision is not consistent with applicable general and specific plans. C. That the site is not physically suitable for the type of development. d. That the site is not physically suitable for the proposed density of development. e. That the design of the subdivision or the proposed improvements are likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. f That the design of the subdivision or type of improvements is likely to cause serious public health problems. g. That the design of the subdivision or the type of improvements will conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. N:A DEVA FINDMGS\2014VPROSPECT100= rM.DOC EXHIBIT 5 of Attachment I This Page Intentionally Left Blank PLANNING COMMISSION — February 26, 2014 CONDITIONS OF APPROVAL 100 Prospect Avenue Subdivision application M -13 -003 Environmental Impact Report EIR -13 -002 Requesting approval to subdivide a 10.3 acre parcel into 17 lots on property zoned R -1:20. An Environmental Impact Report has been prepared. APN 529 -44 -005. PROPERTY OWNER /APPLICANT: Sister of the Holy Names of Jesus and Mary 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 by the Town Council on April_, 2014, and noted as received by the Town on February 5, 2014. 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 changes. 2. EXPIRATION. The Vesting Tentative Map approval will expire two years from the approval date pursuant to Section 29.20.320 of the Town Code, unless the approval is used prior to expiration. 3. TOWN INDEMNITY. Applicants are notified that Town Code Section 1.10.115 requires that any applicant who receives a permit or entitlement from the Town shall defend, indemnify, and hold harmless the Town and its officials in any action brought by a third party to overturn, set aside, or void the permit or entitlement. This requirement is a condition of approval of all such permits and entitlements whether or not expressly set forth in the approval, and may be secured to the satisfaction of the Town Attorney. 4. DEMOLITION. An Architecture and Site application is required for the demolition of the existing structures. The Development Review Committee shall be the deciding body for this application. The Architecture and Site application must be approved prior to recordation of the Final Map. 5. ARCHITECTURE AND SITE. Architecture and site applications are required for each of the new residences. 6. OUTDOOR LIGHTING. House exterior and landscape lighting shall be kept to a minimum, and shall be down directed fixtures that will not reflect or encroach onto adjacent properties. Outdoor lighting plans will be reviewed as part of Architecture and Site review. 7. TREE REMOVAL PERMIT. A Tree removal Permit shall be issued for trees to be removed for subdivision improvements, prior to issuance of a demolition permit. Replacement trees shall be planted based on the Canopy Replacement Table in the Tree Protection Ordinance prior to final inspection and acceptance of improvements. 8. TREE FENCING. Protective tree fencing shall be placed at the drip line of the existing trees in the vicinity of construction prior to issuance of a demolition permit 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. EXHIBIT 6 Conditions of Approval 100 Prospect Avenue /M -13 -003, EIR -13 -002 Page 2 of 2l 9. TREE PRESERVATION. All recommendations of the Town's Consulting Arborist shall be followed throughout all phases of demolition and construction. Refer to the report prepared by Arbor Resources dated July 11, 2013, and any addendums, for details. Arborist evaluations shall be completed for individual lots during Architecture and Site review. 10. BIOLOGICAL RESOURCES MITIGATION MEASURE 4.3 -1, PROTECTION OF NESTING SPECIAL STATUS AND MIGRATORY BIRDS. The following measures shall be implemented: a. The removal of trees and shrubs shall be minimized to the extent feasible. b. If tree removal, pruning, grubbing and demolition activities are necessary, such activities shall be conducted outside of the breeding season (September 1 through January 31) to avoid impacts to nesting birds to the extent feasible. C. If tree removal, pruning, grubbing and demolition activities are scheduled to commence during the bird breeding season (February I through August 31), a preconstruction nesting bird survey shall be conducted by a qualified biologist. The survey shall be performed no more than two weeks prior to the initiation of work. The preconstruction survey shall include the grading footprint and up to a 250 -foot buffer, where feasible, depending on access and lines of sight. If no active nests of special- status or other migratory birds are found, work may proceed without restriction and no further measures are necessary. If ground disturbance is delayed more than two weeks from the date of the preconstruction survey, the survey shall be repeated, if determined necessary by the project biologist. d. If active nests (nests with eggs or young birds present) of special- status or migratory birds are detected, the project biologist shall designate non - disturbance buffers at a distance sufficient to minimize disturbance based on the nest location, topography, cover, species, and the type /duration of potential disturbance. No work shall occur within the non - disturbance buffers until the young have fledged, as determined by a qualified biologist. Active nests of MBTA species identified should be protected by a 50 -foot radius exclusion zone. Active raptor or special - status species' nests should be protected by a buffer with a radius of 200 feet. A minimum 500 -foot exclusion buffer should be established around active white - tailed kite nests. If, despite the establishment of a non - disturbance buffer it is determined that project activities are resulting in nest disturbance, work shall cease immediately and the CDFW and the USFWS Migratory Bird Permit Office shall be contacted for further guidance. e. If project activities must occur within the non - disturbance buffer, a qualified biologist shall monitor the nest(s) to document that take of the nest (i.e., nest failure) is not likely to result. If it is determined that project activities are resulting in significant nest disturbance, work shall cease immediately and the CDFW and the USFWS Migratory Bird Permit Office shall be contacted for further guidance. 11. BIOLOGICAL RESOURCES MITIGATION MEASURE 4.3 -2, PROTECTION OF ROOSTING BATS. The following measures shall be implemented: a. Impacts to suitable roost sites shall be avoided or minimized to the greatest extent feasible. Conditions of Approval 100 Prospect Avenue /M -13 -003, EIR -13 -002 Page 3 of 21 b. If feasible, tree removal, pruning, grubbing and demolition of structures shall be conducted during the non - roosting season from September 1 to October 31. Preconstruction surveys consisting of visual inspections of trees and the exterior and interior of structures by a qualified bat biologist shall be conducted no more than 30 days prior to the start of work. The biologist will survey for evidence of previous roosting or occupation of bats within suitable habitat. Suitable bat roosting habitat includes man -made structures, snags, rotten stumps, mature trees with broken limbs, trees with exfoliating bark, bole cavities or hollows, and dense foliage. If evidence of bat roosting is not detected, work may proceed without restriction if within 30 days of the survey; if work is delayed beyond 30 days, the survey shall be repeated. However, if evidence of roosting is observed during preconstruction surveys, the bat biologist shall, if necessary, specify protective measures as discussed below. Consultation with CDFW may be required to determine appropriate protective measures. C. If tree removal, pruning, grubbing and demolition of structures is scheduled to occur during the hibernation season (i.e., November 1 through March 31), a preconstruction survey shall be performed by a qualified bat biologist. Emergence surveys are not effective at determining bat presence (due to suppressed flight and forage activities) during this period. Therefore, preconstruction surveys consisting of visual inspections of trees and the exterior and interior of structures shall be conducted no more than 30 days prior to the start of work. Suitable bat roosting habitat includes man -made structures, snags, rotten stumps, mature trees with broken limbs, trees with exfoliating bark, bole cavities or hollows, and dense foliage. If evidence of bat hibernation is not detected, work may proceed without restriction if within 30 days of the survey; if work is delayed beyond 30 days, the survey shall be repeated. d• If evidence of bat hibernation or roosting is detected, the bat biologist shall specify protective measures. Potential protective measures that may be recommended by a qualified bat biologist include, but are not limited to establishing disturbance buffers around roosts and passive exclusion measures. The passive exclusion measures or buffer shall be determined by the type of bat observed, sensitivity of roost, type of potential disturbance, etc. Each buffer zone shall remain in place until the end of the hibernation season or until the bats leave on their own accord. The bat biologist shall confirm that bats have been excluded from the tree or building before work may commence. e. If tree removal, pruning, grubbing, and demolition of structures will occur during the maternity roosting period (i.e., April 1 through August 31), pre - construction emergence surveys shall be performed during this period by a qualified bat biologist. Suitable bat roost sites (e.g., large tree cavities, outbuilding perches) should be surveyed by way of evening emergence surveys and /or visual, internal and external inspections to determine presence/absence of bat maternity roosts. If no roost sites are detected, work may proceed without restriction if within 30 days of the survey; if work is delayed beyond 30 days, the survey shall be repeated. Conditions of Approval 100 Prospect Avenue /M -13 -003, EIR -13 -002 Page 4 of 21 f. If a maternity roost of any special- status bat species is determined to be present, as evidenced by the presence of roosting individuals or significant guano accumulations detected during the roost assessment or during pre - construction surveys, demolition activities may not proceed and a qualified bat biologist shall specify protective measures (as discussed above) in conjunction with CDFW. g. The eviction and relocation of a verified maternity roost for any special- status bat species shall conform to the following requirements: i. In consultation with CDFW, a qualified bat biologist shall design, construct and monitor a species - specific replacement roost and success criteria shall be established. ii. Baseline data shall be measured at the existing maternity roost. Baseline data that may be measured include, but are not limited to: size and configuration of roost, temperature, humidity, and solar exposure. These baseline data shall be used to inform the design of a species - specific replacement roost. iii. The replacement roost shall ideally be constructed on -site. If on -site construction is not feasible, the roost shall be constructed on nearby open space within suitable habitat. iv. Demolition of the maternity roost shall not resume until the replacement roost is constructed and sited. V. Long -term monitoring of any replacement roost shall be coordinated with CDFW. A successful replacement roost shall provide a similar range of abiotic conditions as the replaced roost. Baseline data collected from the roost to be replaced shall provide the range of abiotic conditions for long- term monitoring and criteria for success. If the success criteria are achieved corrective actions shall be outlined in the annual reports. All CDFW- approved corrective actions shall be implemented. vi. If an active roost is present, but determined not to be a maternity roost, the qualified bat biologist shall specify protective measures (as discussed above) in consultation with CDFW. 12. BIOLOGICAL RESOURCES MITIGATION MEASURE 4.3 -3, PROTECTION OF SAN FRANCISCO DUSKY FOOTED WOOD RAT. The following measures shall be implemented: a. A qualified biologist shall perform a ground survey to locate and mark all wood rat nests in the proposed construction area, including structures. The survey shall be performed no less than 30 days prior to the initiation of ground disturbances. The Contractor shall walk the site to assist in determining which nests cannot be avoided. Nests to be avoided shall be fenced off with orange construction fencing and their locations marked on construction plans as being off limits to all activities. b. Any wood rat nest that cannot be avoided shall be manually disassembled by a qualified biologist, pending authorization from CDFW, to give any resident wood rats the opportunity to disperse to adjoining undisturbed habitat. Nest building materials shall be immediately removed off -site and disposed of to prevent wood rats from reassembling nests on -site unless otherwise directed by CDFW. Conditions of Approval 100 Prospect Avenue /M -13 -003, EIR -13 -002 Page 5 of 21 C. To ensure wood rats do not rebuild nests within the construction area, a qualified biologist shall inspect the construction corridor no less than once per week. If new nests appear, they shall be disassembled and the building materials disposed of offsite. If there is a high degree of wood rat activity, more frequent monitoring shall be performed, as warranted. d. If a wood rat nest is discovered in structures during building demolition, construction work that will affect the nest shall be halted. A qualified biologist shall manually disassemble the nest, pending authorization from CDFW, to give resident wood rats the opportunity to disperse to adjoining undisturbed habitat. Nest materials shall be immediately removed off -site and disposed of to prevent wood rats from reassembling nests in buildings unless otherwise directed by CDFW. A qualified biologist shall survey the structure where the nest was discovered to confirm absence of wood rats dispersed from the dismantled nest. Halted demolition work shall continue when the qualified biologist has confirmed dispersal of wood rats from the structure to be demolished. 13. CULTURAL RESOURCES MITGATION MEASURE 4.11 -2a, ARCHAEOLOGICAL MONITORING: An archaeologist experienced with historic -era archaeological deposits and late 19th to early 20th century material culture and human remains shall be present during building demolition of designated areas (refer to confidential Map 1 of Holman study, which is on file at the Los Gatos Community Development Department) to monitor for any historic- period buried features, such as artifact -filled wells, privies, and pits associated with the earlier historical use of the property from the late 19th and early 20th centuries. Based on the monitor's findings during demolition, the monitor shall review specific development plans for roads and infrastructure and eventually for future homes (during Architecture and Site review) and evaluate the need for additional archaeological monitoring by a qualified historical archaeologist. In the event cultural resources are discovered during removal of existing buildings, parking lots and landscaping areas or during construction of proposed improvements, a preliminary evaluation of the find should be conducted by a qualified archaeologist with appropriate measures taken commensurate with the type of cultural resource identified and the amount of proposed impacts. A buffer zone, typically 100 feet in diameter, should be established to protect the find until it can be evaluated, and the area should be secured to prevent looting. A plan for the evaluation of the resource shall be submitted to the Community Development Director for approval. Evaluation normally takes the form of limited hand excavation and analysis of materials and information removed to determine if the resource is eligible for inclusion on the California Register of Historic Resources (CRHR). No demolition /construction activity should continue in this area until the qualified archaeologist has sufficiently documented and excavated the discovery in the field, and has authorized continued demolition/construction. 14. CULTURAL RESOURCES MIfGATION MEASURE 4.11 -2b, IDENTIFICATION OF ELIGIBLE RESOURCES. If an eligible resource (i.e. an historical resource or a unique archaeological resource) is identified, a plan for mitigation of impacts to the resource shall be submitted to the Community Development Department for approval before any additional construction - related earthmoving can occur inside the zone designated as archaeologically sensitive. Whether the proposed plan is feasible shall be determined by the Community Development Department after consideration of the viability of avoidance in light of project design and logistics. In lieu of avoidance, mitigation could Conditions of Approval 100 Prospect Avenue /M -13 -003, EIR -13 -002 Page 6 of 21 include additional hand excavation to record and remove for analysis archaeological materials, combined with additional archaeological monitoring of soils inside the archaeologically sensitive zone. Section 21083.2(f) specifies that unless special or unusual circumstances warrant an exception, the field excavation phase of an approved mitigation plan shall be completed within 90 days after the applicant receives the final approval necessary to begin physical development of the project or, if a phased project, in connection with the phased portion to which the specific mitigation measures are applicable. The above listed mitigation measures can be effectively performed in a manner that complies with Section 21083.2. 15. CULTURAL RESOURCES MITGATION MEASURE 4.11 -3, HALT CONSTRUCTION AND EVALUATE RESOURCE. Prior to the commencement of construction activities, the project applicant shall provide for a qualified paleontologist to provide construction personnel with training on procedures to be followed in the event that a fossil site or fossil occurrence is encountered during construction. The training shall include instructions on identification techniques and how to further avoid disturbing the fossils until a paleontological specialist can assess the site. An informational package shall be provided for construction personnel not present at the meeting. In the event that a paleontological resource (fossilized invertebrate, vertebrate, plan or micro - fossil) is found during construction, excavation within 50 feet of the find shall be temporarily halted or diverted until the discovery is evaluated. Upon discovery, the Community Development Director shall be notified immediately and a qualified paleontologist shall be retained to document and assess the discovery in accordance with Society of Vertebrate Paleontology's 2010 Standard Procedures for the Assessment and Mitigation of Adverse Impacts to Paleontological Resources, and determine procedures to be followed before construction is allowed to resume at the location of the find. If the Community Development Director determines that avoidance is not feasible, the paleontologist will prepare an excavation plan for mitigating the project's impact on this resource, including preparation, identification, cataloging, and curation of any salvaged specimens. 16. HAZARDS AND HAZARDOUS MATERIALS MITIGATION MEASURE 4.10 -1, IMPLEMENT BUYER EDUCATION PROGRAM FOR HOUSEHOLD HAZARDOUS WASTE. The project sponsor, working with the Town and the County of Santa Clara Household Hazardous Waste program, shall implement a Buyer Education Program for Household Hazardous Waste, developing materials to educate buyers about the identification of household hazardous wastes, environmental hazards associated with mishandling of the wastes, appropriate disposal methods, and how to make an appointment for disposal. At a minimum, the educational materials shall include a list of example household hazardous wastes, discuss the environmental impacts of improper disposal, explain how to make an appointment for disposal, and list safer and less toxic alternatives to hazardous products commonly used. The educational materials shall be provided to the home buyer at the time of purchase. Building Division 17. DEMOLITION REQUIREMENTS. Obtain a Building Division Demolition Application and a Bay Area Air Quality Management Application from the Building Division service counter. Once the demolition form has been completed, all signatures obtained, and written verification from PG &E that all utilities have been disconnected, return the completed from to the Building Division service counter with the J# Certificate, PG &E Conditions of Approval 100 Prospect Avenue /M -13 -003, EIR -13 -002 Page 7 of 21 verification, and three (3) sets of site plans to include all existing structures, existing utility service lines such as water, sewer, and PG &E. No demolition work shall be done without first obtaining a permit from the Town. 18. WILDLAND URBAN INTERFACE. This project is in a Wildlife Urban Interface Fire Area and must comply with Chapter 7A of the 2007 California Building Code. 19. HAZARDS AND HAZARDOUS MATERIALS MITIGATION MEASURE 4.10 -2, HAZARDOUS MATERIALS SURVEYS AND ABATEMENT. Prior to demolition, the project applicant shall ensure that a hazardous building materials survey is completed by a Registered Environmental Assessor or a registered engineer for the building exteriors, roof, and any interior areas that were inaccessible during the previous limited survey. Any friable asbestos - containing materials or lead- containing materials identified by the previous survey or any surveys conducted in accordance with this mitigation measure shall be abated using practices such as containment and /or removal prior to demolition, and the abatement shall be implemented in accordance with applicable laws. Specifically, asbestos abatement shall be conducted in accordance with Section 19827.5 of the California Health and Safety Code, as implemented by the BAAQMD, and 8 CCR Section 1529 and Sections 341.6 through 341.14, as implemented by Cal /OSHA. Lead - based paint abatement shall be conducted in accordance with Cal /OSHA's Lead in Construction Standard. Any PCB - containing equipment, fluorescent light tubes containing mercury vapors, and fluorescent light ballasts containing DEHP shall also be removed and legally disposed of in accordance with applicable laws including 22 CCR Section 66261.24 for PCBs, 22 CCR Section 66273.8 for fluorescent lamp tubes, and 22 CCR Division 4.5, Chapter 11 for DEHP. 20. HAZARDS AND HAZARDOUS MATERIALS MITIGATION MEASURE 4.10 -3, CORRECTIVE ACTION. The following measures shall be implemented. The oversight agency review may amend these measures as applicable. a. Prior to any soil disturbance activities or building demolition at the site, the project applicant shall participate in the Voluntary Cleanup Program (VCP) administered by the Santa Clara County Department of Environmental Health for technical oversight of any remedial action to address contaminants in the soil, unless referred to an alternate agency. Oversight includes all aspects of the site investigation and remedial action, determination of the adequacy of the site investigation and remediation activities at the site, and determination of the need for confirmation soil sampling once contaminated soil is excavated. b. Prior to sale of individual lots, the applicant shall submit a "no further action" letter from the oversight agency or comparable closure document that demonstrates the site has been released as clean or a mitigation plan has been approved and implemented. C. The project applicant shall require the construction contractor(s) to implement a Soil Management Plan (SMP) prepared by the project applicant's environmental consultant and approved by the overseeing regulatory agency. The SMP shall include a plan for disposal of excess soil produced during construction activities, including on -site management of excavated soil, the disposal methods for soil, potential disposal sites, and requirements for written documentation that the disposal site will accept the excess soil. If appropriate, excess soil may be disposed of on -site, under foundations or in other locations in accordance with applicable hazardous waste classifications and disposal regulations, if approved Conditions of Approval 100 Prospect Avenue /M -13 -003, EIR -13 -002 Page 8 of 21 by the regulatory oversight agency. The contractor shall be required to submit the SMP to the project applicant for acceptance prior to implementation. Prior to or during construction, excess soil from construction activities shall be sampled to determine the appropriate disposal requirements in accordance with applicable hazardous waste classification and disposal regulations. The project applicant shall also submit the SMP to the County of Santa Clara Department of Environmental Health a minimum of 30 days prior to the planned start of construction. d. The project applicant shall require the construction contractor to prepare and implement a site safety plan identifying the chemicals present, potential health and safety hazards, monitoring to be performed during site activities, soils - handling methods required to minimize the potential for exposure to harmful levels of the chemicals identified in the soil, appropriate personnel protective equipment, and emergency response procedures. e. The project applicant shall require the construction contractor(s) to have a contingency plan for sampling and analysis of potential hazardous materials and for coordination with the appropriate regulatory agencies, in the event that previously unidentified hazardous materials are encountered during construction. If any hazardous materials are identified, the contractor(s) shall be required to modify their health and safety plan to include the new data, conduct sampling to assess the chemicals present, and identify appropriate disposal methods. Evidence of potential contamination includes soil discoloration, suspicious odors, the presence of USTs, or the presence of buried building materials. 21. AIR QUALITY MITIGATION MEASURE 4.8 -2, BAAQMD BASIN CONSTRUCTION MITIGATION MEASURES. Prior to issuance of any grading or demolition permits, the Town Engineer and the Chief Building Official shall confirm that the grading plan, building plans and specifications stipulate that the following basic construction measures be implemented as specified in the BAAQMD Guidelines during all project construction (including individual lot development): a. All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered two times per day. b. All haul trucks transporting soil, sand, or other loose material off -site shall be covered. C. All visible mud or dirt track -out onto adjacent public roads shall be removed using wet power vacuum street sweepers at least once per day. The use of dry power sweeping is prohibited. d. All vehicle speeds on unpaved roads shall be limited to 15 mph. e. All roadways, driveways, and sidewalks to be paved shall be completed as soon as possible. Building pads shall be laid as soon as possible after grading unless seeding or soil binders are used. f. Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to two minutes. Clear signage shall be provided for construction workers at all access points. g. All construction equipment shall be maintained and properly tuned in accordance with manufacturer's specifications. All equipment shall be checked by a certified mechanic and determined to be running in proper condition prior to operation. Conditions of Approval 100 Prospect Avenue /M -13 -003, EIR -13 -002 Page 9 of 21 h. Post a publicly visible sign with the telephone number and person to contact at the Town regarding dust complaints. This person shall respond and take corrective action within 48 hours. The BAAQMD's phone number shall also be visible to ensure compliance with applicable regulations. 22. AIR QUALITY MITIGATION MEASURE 4.8 -4, EMISSION REDUCTION MEASURES. Use of Tier 4 engines for all compressors and all diesel- fueled equipment used during the building construction phases to minimize emissions. Such equipment selection would include any combination of the following measures as the Town determines to be necessary to decrease cancer risks below the threshold of 10 excess cancer cases in one million for infants: a. Diesel - powered compressors and all diesel - fueled equipment used during building construction shall meet U.S. EPA particulate matter emissions standards for Tier 4 engines or equivalent; b. Use alternative - powered equipment (e.g., LPG - powered forklifts); C. Use alternative fuels (e.g., biofuels), added exhaust devices, and /or d. Minimize the number of hours that equipment will operate including the use of idling restrictions. TO THE SATISFACTION OF THE DIRECTOR OF PARKS & PUBLIC WORKS: Engineering Division 23. NOISE MITIGATION MEASURE 4.7 -1, ADMINISTRATIVE AND SOURCE CONTROLS. Prior to issuance of a grading permit, the project applicant shall demonstrate that the project complies with the following: a. Construction activities (including operation of haul and delivery trucks) shall occur between the hours of 8:00 a.m. and 8:00 p.m. on weekdays and 9:00 a.m. and 7:00 p.m. on weekends and holidays. Additionally, pursuant to Municipal Code Section 16.20.035(2) the Contractor shall demonstrate, to the satisfaction of the Public Works Department, that construction noise will not exceed 85 dBA outside of the property line. This shall be accomplished through the use of properly maintained mufflers and other state - required noise attenuation devices. b. The contractor shall prepare a detailed construction plan identifying the schedule for major noise - generating construction activities. The construction plan shall identify a procedure for coordination with adjacent residents so that construction activities can be scheduled to minimize noise disturbance. The plan shall also specify timing of notices to be mailed and posting of signs (i.e., mailing notices at least 15 days prior to commencement of construction of each phase, regarding the construction schedule of the proposed project, posting a sign, legible at a distance of 50 feet shall also be posted at the project construction site). All notices and signs shall be reviewed and approved by the Public Works Department prior to mailing or posting and shall indicate the dates and duration of construction activities, as well as provide a contact name for the contractor's Noise Disturbance Coordinator and a telephone number where residents can contact that person about the construction process and register complaints. Conditions of Approval 100 Prospect Avenue /M -13 -003, EIR -13 -002 Page 10 of'21 C. The Contractor shall provide, to the satisfaction of the Public Works Department, a qualified "Noise Disturbance Coordinator." The Disturbance Coordinator shall be responsible for responding to any local complaints about construction noise. When a complaint is received, the Disturbance Coordinator shall notify the Town within 24 -hours of the complaint and determine the cause of the noise complaint (e.g., starting too early, bad muffler, etc.) and shall implement reasonable measures to resolve the complaint, as deemed acceptable by the Public Works Department. d. During construction, stationary construction equipment (e.g., concrete crusher, compressors, generators) shall be located as far as possible from adjacent residential receptors and equipment exhaust vents shall directed away from the closest residential receptors. In particular, the concrete crusher shall be placed west of the Siena Building or at a location where maximum shielding by buildings, material stockpiles, and topography can be provided and distance from all surrounding residences is maximized. e. All internal combustion engine driven equipment shall be equipped with intake and exhaust mufflers that are in good condition and appropriate for the equipment f "Quiet" air compressors, generators, and other stationary sources shall be utilized where technology exists. g. Equipment used for project construction should be hydraulically or electrical powered impact tools (e.g., jackhammers, pavement breakers, and rock drills) wherever possible to avoid noise associated with compressed air exhaust from pneumatically - powered tools. However, where use of pneumatically powered tools is unavoidable, an exhaust muffler on the compressed air exhaust should be used; this muffler can lower noise levels from the exhaust by up to about 10 dBA. External jackets on the tools themselves should be used where feasible, and this could achieve a reduction of 5 dBA. In addition, quieter procedures should be used such as drilling rather than impact equipment whenever feasible. h. At the property boundary with the adjacent residence at 88 Prospect Avenue, the contractor shall work directly with this resident to reduce construction - related noise impacts to the maximum extent feasible to ensure the 85 -dBA ordinance limit is not exceeded. Implementation measures could include: providing noise attenuation such as solid wood fencing along the property boundary if feasible and acceptable to this resident; using smaller types of equipment during demolition of the tennis court; minimizing use of noisier types of heavy equipment (i.e. jackhammers, pavement breakers, rock drills) in proximity to this residence by immediately moving larger pieces of concrete to a location farther from this residence and other nearby residences). 24. NOISE MITIGATION MEASURE 4.7 -2, VIBRATION LIMITS. The project contractor shall not use any equipment that generates vibration levels that exceed 0.5 in/sec PPV, the cosmetic damage threshold for transient vibration, when measured at the closest adjacent residential structures. Conditions of Approval 100 Prospect Avenue /M -13 -003, EIR -13 -002 Page 11 of 21 25. NOISE MITIGATION MEASURE 4.7 -4, NOISE ATTENUATION MEASURES. The following noise attenuation measures shall be incorporated into future home designs on proposed Lots 14 -17 in order to maintain acceptable exterior and interior noise levels at future residences: a. When designing individual home plans for proposed Lots 14 -17, noise - sensitive outdoor use areas shall be located away from the SR 17 freeway or noise - sensitive outdoor spaces shall be buffered from freeway noise with buildings, structures, solid fencing, berms or other attenuation measures. The specific noise attenuation measure(s) shall be determined and incorporated into the proposed home design during the Architecture and Site review process. b. Provide a suitable form of forced -air mechanical ventilation, as determined by the local building official, for residences located on Lots 14 -17, so that windows could be kept closed at the occupant's discretion to control interior noise. The specific type of forced -air mechanical ventilation system shall be incorporated into future home designs during Architecture and Site review process, to the satisfaction of the Town that the measure meets the Town goal. 26. 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. 27. APPROVAL. This application shall be completed in accordance with all the conditions of approvals listed below and in substantial compliance with the latest reviewed and approved development plans. Any changes or modifications to the approved plans or conditions of approvals shall be approved by the Town Engineer. 28. 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. It is the responsibility of the applicant /developer to obtain any necessary encroachment permits from affected agencies and private parties, including but not limited to, Pacific Gas and Electric (PG &E), SBC, Comcast, Santa Clara Valley Water District, California Department of Transportation. Copies of any approvals or permits must be submitted to the Town Engineering Department prior to releasing of any permit. 29. RESTORATION OF PUBLIC IMPROVEMENTS. The developer shall repair or replace all existing improvements not designated for removal that are damaged or removed because of developer's operations. Improvements such as, but not limited to: curbs, gutters, sidewalks, driveways, signs, pavements, raised pavement markers, thermoplastic pavement markings, etc. shall be repaired and replaced to a condition equal to or better than the original condition. Existing improvement to be repaired or replaced shall be at the direction of the Engineering Construction Inspector, and shall comply with all Title 24 Disabled Access provisions. Developer shall request a walk - through with the Engineering Construction Inspector before the start of construction to verify existing conditions. Conditions of Approval 100 Prospect Avenue /M -13 -003, EIR -13 -002 Page 12 of 21 30. SITE SUPERVISION. The general contractor shall provide qualified supervision on the job site at all times during construction. 31. PUBLIC WORKS INSPECTIONS. The developer or representative shall notify the Engineering Inspector at least 24 -hours before starting any work pertaining to on -site drainage facilities. Grading or paving, and all work in the public right -of -way. Failure to do so will result in rejection of work that went on without an inspection. 32. STREET /SIDEWALK CLOSURE. Any proposed blockage or partial closure of the sidewalk requires an encroachment permit. Special provisions such as limitations on works hours, protective enclosures, or other means to facilitate public access in a safe manner may be required. 33. PLAN CHECK FEES. Plan check fees shall be deposited with the Town prior to plan review at the Engineering Division of the Parks and Public Works Department. 34. INSPECTION FEES. Inspection fees shall be deposited with the Town prior to issuance of any Permit or recordation of the Final Map. 35. DESIGN CHANGES. Any proposed change(s) to the approved plans is /are subject to approval of the Town prior to start of altered work. The project engineer shall notify the Town Engineer in writing at least 72 hours in advance of proposed changes. Any approved changes shall be incorporated in the "as- built" plans. 36. PLANS AND STUDIES. All required plans and studies shall be prepared by a Registered Professional Engineer in the State of California, and submitted to the Town Engineer for review and approval. 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 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 pen-nit. The grading permit is for work outside the building footprint(s). A separate building permit, issued by the Building Division on E. Main Street is needed for grading within the building footprint. 38. CONSTRUCTION EASEMENT. Prior to the issuance of a grading permit, it shall be the sole responsibility of the owner /applicant to obtain any and all proposed or required casements and /or permissions necessary to perform the grading herein proposed. Proof of agreement /approval is required prior to issuance of any permit. 39. DRAINAGE STUDY. Prior to the issuance of any grading permits, the following drainage studies shall be submitted to and approved by the Town Engineer: a. A drainage study of the project including diversions, off -site areas that drain onto and /or through the project, and justification of any diversions. b. A drainage study evidencing that proposed drainage patterns will not overload existing storm drains. C. Detailed drainage studies indicating how the project grading, in conjunction with the drainage conveyance systems including applicable swales, channels, street flows, catch basins, storm drains, and flood water retarding, will allow building pads to be safe from inundation from rainfall runoff which may be expected from all storms up to and including the theoretical 100 -year flood. Conditions of Approval 100 Prospect Avenue /M -13 -003, EIR -13 -002 Page 13 of 21 40. DRAINAGE IMPROVEMENT DESIGN. Prior to the recordation of a subdivision map (except maps for financing and conveyance purposes only) or prior to the issuance of any grading/improvement permits, whichever comes first, the applicant shall: (a) Design provisions for surface drainage; (b) Design all necessary storm drain facilities extending to a satisfactory point of disposal for the proper control and disposal of storm runoff; and (c) provide recorded copy of any required easements to the Town. 41. TREE REMOVAL. Copies of all necessary tree removal permits shall be provided prior to issuance of a grading permit. 42. SURVEYING CONTROLS. Horizontal and vertical controls shall be set and certified by a licensed surveyor or registered civil engineer qualified to practice land surveying, for the following items: a. Retaining wall - -top of wall elevations and locations b. Toe and top of cut and fill slopes 43. 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 a pre- construction meeting with the Town Engineer to discuss the project conditions of approval, working hours, site maintenance and other construction matters. b. Acknowledge in writing that they have read and understand the 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. 44. 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 Division of Parks and Public Works during the grading permit plan review process. 45. FINAL MAP(S). A final(s) shall be recorded. Two copies of the final(s) map shall be submitted to the Engineering Division of the Parks & Public Works Department for review and approval. Submittal shall include closure calculations, title reports and appropriate fee. The map(s) shall be recorded before any permits for new construction are issued. Up to three Final Maps may be recorded in accordance with the proposed Phasing Plan of the Subdivision Application M -13 -003. 46. WEST VALLEY SANITATION DISTRICT. All sewer connection and treatment plant capacity fees shall be paid either immediately prior to the recordation of any subdivision or tract maps with respect to the subject property or properties, or immediately prior to the issuance of a sewer connection permit, which ever event occurs first — written confirmation of payment of these fees shall be provided prior to map recordation. 47. PRIVATE UTILITIES. Prior to the recordation of a subdivision map the applicant/subdivider shall place a note on the map, in a manner that meets the approval of the Town Engineer that states: "The private utilities constructed within this map shall be owned, operated and maintained by the developer, successors or assigns." 48. DEDICATIONS. The following shall be dedicated on the final map by separate instrument. The dedications shall be recorded before any permits are issued. a. Public Service Easement (PSE) b. Ingress - egress, storm drainage and sanitary sewer easements, as required. Conditions of Approval 100 Prospect Avenue /M -13 -003, EIR -13 -002 Page 14 of 21 49. DEMOLITION. The existing building(s) in each phase shall be demolished prior to recordation of the final map(s) for the respective phase. 50. SOILS REPORT. One copy of the soils and geologic report shall be submitted with the Architecture and Site 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. 51. SOILS REVIEW. Prior to issuance of an Architecture and Site approval for each individual lot, the applicant's engineers shall prepared and submit a designOlevel geotechnical /geological investigation for review and approval by the Town. 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. 52. GEOLOGY AND SOILS MITGATION MEASURE 4.4 -1, DESIGN -LEVEL GEOTEC INICAL INVESTIGATION. The applicant for each lot or each group of lots shall submit a geotechnical report to the Town for review and approval of a design -level geotechnical investigation, as part of the Architecture and Site approval process. The investigation(s) shall determine the surface and subsurface soil conditions at the site and assess the potential for ground shaking, slope stability under static and seismic conditions, expansive soil, estimate of settlement, lateral movement and related effects. The investigation(s) shall address all soils engineering constraints and specify criteria and standards in accordance with the current California Building Code (CBC) for site grading, excavation, on -site utility trenching, drainage, pavement design, retaining wall design, erosion control, seismic design, and foundation design. For proposed Lots 3 -8 and 4 -17, which extend to the top of the moderate to steep slopes along the western property boundary, the investigation(s) shall include subsurface exploration and a slope stability analysis to evaluate the potential for static and seismic slope instability, along with any necessary mitigation to prevent slope instability. For lots with fill materials, the design -level geotechnical investigation(s) shall assess the potential for fills to become unstable and shall include recommendations for stabilization. The applicant for each lot or group of lots shall incorporate all recommendations of the design -level geotechnical investigation(s) into the each home design and implement appropriate construction methods on each lot in order to minimize the potential impacts resulting from regional seismic activity, estimate of settlement, lateral movements, slope conditions, and subsurface soil conditions on the site. A geotechnical expert shall be present during construction activities to observe earthwork and foundation construction, and shall conduct any necessary testing to confirm compliance with the recommendations of the design -level geotechnical investigation(s). 53. GEOLOGY AND SOILS MITGATION MEASURE 4.4 -2, TOP SOIL SALVAGE. The developers of individual lots shall ensure that topsoil, if present, is salvaged during grading. The topsoil shall be stockpiled separately from subsoils, and the stockpiles shall be protected from erosion (e.g., by covering or watering). Once construction is completed, the stockpiled topsoil shall be reused for site restoration in open or garden areas of the lot. Conditions of Approval 100 Prospect Avenue /M -13 -003, EIR -13 -002 Page 15 of 21 54. 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. 55. JOINT TRENCH PLANS. Joint trench plans shall be reviewed and approved by the Town prior to recordation of a map(s). The joint trench plans shall include street and /or site lighting and associated photometrics. 56. WATER DESIGN. Water plans prepared by SJWC must be reviewed and approved prior to issuance of any permit. 57. PUBLIC IMPROVEMENTS: The following improvements shall be installed by the developer. Plans for those improvements shall be prepared by a California registered civil engineer, reviewed and approved by the Town, and guaranteed by contract, Faithful Performance Security and Labor & Materials Security before the issuance of a building permit or the recordation of a map. The improvements must be completed and accepted by the Town before a Certificate of Occupancy for any new building can be issued. 58. FRONTAGE IMPROVEMENTS. Applicant shall be required to improve the project's public frontage to current Town Standards. These improvements may include but not limited to curb, gutter, sidewalk, driveway approaches, curb ramps, traffic signal, street lighting (upgrade and /or repaint) etc. 59. UTILITIES. The Developer shall install all new, relocated, or temporarily removed utility services, including telephone, electric power and all other communications lines underground, as required by Town Code Section 27.50.015(b). All new utility services shall be placed underground. Underground conduit shall be provided for cable television service. Applicant is required to obtain approval of all proposed utility alignments from any and all utility service providers. The Town of Los Gatos does not approve or imply approval for final alignment or design of these facilities. 60. UTILITY SETBACKS. House foundations shall be set back from utility lines a sufficient distance to allow excavation of the utility without undermining the house foundation. The Town Engineer shall determine the appropriate setback based on the depth of the utility, input from the project soils engineer, and the type of foundation. 61. UTILITY EASEMENTS. Deed restrictions shall be placed on lots containing utility easements. The deed restrictions shall specify that no trees, fences, or hardscape are allowed within the easement boundaries, and that maintenance access must be provided. The Town will prepare the deed language and the Applicant's surveyor shall prepare the legal description and plat. The Applicant shall pay any recordation costs. 62. TRENCHING MORATORIUM. Trenching within a newly paved street will be allowed subject to the following requirements: a. The Town standard "T" trench detail shall be used. b. A Town approved colored controlled density backfill shall be used. C. The total asphalt thickness shall be a minimum of 3- inches or shall match the existing thickness, whichever is greater. The final lift shall be 1.5- inches of half inch medium asphalt. The initial lift(s) shall be of three quarter inch medium asphalt. Conditions of Approval 100 Prospect Avenue /M -13 -003, EIR -13 -002 Page 16 of 21 d. The Contractor shall schedule a pre - paving meeting with the Town Engineering Construction Inspector the day the paving is to take place. C. A slurry seal topping may be required by the construction inspector depending his assessment of the quality of the trench paving. If required, the slurry seal shall extend the full width of the street and shall extend 5 -feet beyond the longitudinal limits of trenching. Slurry seal materials shall be approved by the Town Engineering Construction Inspector prior to placement. Black sand may be required in the slurry mix. All existing striping and pavement markings shall be replaced upon completion of slurry seal operations. 63. CURB AND GUTTER. The developer shall repair and replace to existing Town standards any curb and gutter damaged now or during construction of this 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. 64. FENCING. Any fencing proposed within 200 -feet of an intersection shall comply with Town Code Section §23.10.080. 65. SIGHT TRIANGLE AND TRAFFIC VIEW AREA. Any proposed improvements, including but not limiting to trees and hedges, will need to abide by Town Code Section 23.10.080, 26.10.065, 29.40.030. 66. AS -BUILT PLANS. An AutoCAD disk of the approved "as- built" plans shall be provided to the Town prior to issuance of a Certificate of Occupancy. The AutoCAD file shall include only the following information and shall conform to the layer naming convention: (a) Building Outline, Layer: BLDG - OUTLINE; (b) Driveway, Layer: DRIVEWAY; (c) Retaining Wall, Layer: RETAINING WALL; (d) Swimming Pool, Layer: SWIMMING -POOL; (e) Tennis Court, Layer: TENNIS - COURT; (f) Property Line, Layer: PROPERTY -LINE; (g) Contours, Layer: NEWCONTOUR. All as -built digital files must be on the same coordinate basis as the Town's survey control network and shall be submitted in AutoCAD version 2000 or higher. 67. CONSTRUCTION STREET PARKING. No vehicle having a manufacture's rated gross vehicle weight exceeding ten thousand (10,000) pounds shall be allowed to park on the portion of a street which abuts property in a residential zone without prior to approval from the Town Engineer. 68. CONSTRUCTION TRAFFIC. All construction traffic and related vehicular routes shall be submitted for review and approval by the Town Engineer prior to issuance of permit. The applicant shall submit any applicable pedestrian or traffic detour plans for any lane or sidewalk closures. The detour plan shall comply with Part 6, Temporary Traffic Control, of the State of California Manual of Uniform Traffic Control Devices (MUTCD), 2003, and standard construction practices. Final construction plans and specifications shall be approved by the City Engineer, and released for construction, prior to the issuance of the encroachment permit. 69. TRAFFIC CONTROL PLAN. The project sponsor shall work with the Engineering Division to develop a traffic control plan for incorporation into the construction bid documents (specifications). This plan shall include, but is not limited to, the following measures: Conditions of Approval 100 Prospect Avenue /M -13 -003, EIR -13 -002 Page 17 of 21 a. Construction activities shall be strategically timed and coordinated to minimize traffic disruption for schools, residents, businesses, special events, and other projects in the area. The schools located on the haul route shall be contacted to help with the coordination of the trucking operation to minimize traffic disruption. b. Flag persons shall be placed at locations necessary to control one -way traffic flow. All flag persons shall have the capability of communicating with each other to coordinate the operation. C. Prior to construction, advance notification of all affected residents and emergency services shall be made regarding one -way operation, specifying dates and hours of operation. 70. 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 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. Coordination with other significant projects in the area may also be required. Cover all trucks hauling soil, sand, and other loose debris or require all trucks to maintain at least two feet of freeboard. 71. CONSTRUCTION MANAGEMENT PLAN. The Applicant shall submit a construction management plan that shall incorporate at a minimum the Earth Movement Plan, Traffic Control Plan, Project Schedule, site security fencing, employee parking, construction staging area, construction trailer, and proposed outhouse locations. 72. CONSTRUCTION NOISE. Between the hours of 8:00 a.m. to 8:00 p.m., weekdays; and 9:00 a.m. to 7:00 p.m., weekends and holidays, construction, alteration or repair activities shall be allowed. No individual piece of equipment shall produce a noise level exceeding eighty -five (85) dBA at twenty -five (25) feet. If the device is located within a structure on the property, the measurement shall be made at distances as close to twenty -five (25) feet from the device as possible. The noise level at any point outside of the property plane shall not exceed eighty -five (85) dBA. 73. SANITARY SEWER LATERAL. Sanitary sewer laterals shall be televised by West Valley Sanitation District and approved by the Town of Los Gatos before they are used or reused. A sanitary sewer clean-out shall be installed at the property line. 74. SANITARY SEWER BACKWATER VALVE. Drainage piping serving fixtures which have flood level rims less than twelve (12) inches (304.8 mm) above the elevation of the next upstream manhole and /or flushing inlet cover at the public or private sewer system serving such drainage piping shall be protected from backflow of sewage by installing an approved type backwater valve. Fixtures above such elevation shall not discharge through the backwater valve, unless first approved by the Administrative (Sec. 6.50.025). The Town shall not incur any liability or responsibility for damage resulting from a sewer overflow where the property owner or other person has failed to install a backwater valve, as defined section 103(e) of the Uniform Plumbing Code adopted by section 6.50.010 of the Town Code and maintain such device in a functional operating condition. Evidence of West Valley Sanitation District's decision on whether a backwater device is needed shall be provided prior to issuance of a building permit. Conditions of Approval 100 Prospect Avenue /M -13 -003, EIR -13 -002 Page 18 of 21 75. STORMWATER MANAGEMENT. Construction activities including but not limited to clearing, stockpiling, grading or excavation of land, which disturbs 1 acre or more which are part of a larger common plan of development which disturbs less than 1 acre are required to obtain coverage under the construction general permit with the State Water Resources Control Board. You are required to provide proof of WDID# and keep a current copy of the storm water pollution prevention plan (SWPPP) on the construction site and shall be made available to the Town of Los Gatos Engineering and /or Building Department upon request. 76. BEST MANAGEMENT PRACTICES (BMP's). Best Management Practices (BMPs) shall be placed and maintained for all areas that have been graded or disturbed and for all material, equipment and /or operations that need protection. Temporary removal of BMPs during construction activities shall be placed at the end of each working day. 77. STORMWATER DEVELOPMENT RUNOFF. All new development and redevelopment projects subject to the Stormwater development runoff requirements. Every applicant shall submit a stormwater control plan and implement conditions of approval that reduce stormwater pollutant discharges through the construction, operation and maintenance of treatment measures and other appropriate source control and site design measures. Increases in runoff volume and flows shall be managed in accordance with the development runoff requirements. 78. SITE DESIGN MEASURES. All projects must incorporate the following measures to the maximum extent practicable: a. Protect sensitive areas and minimize changes to the natural topography. b. Minimize impervious surface areas. C. Direct roof downspouts to vegetated areas where feasible. d. Use permeable pavement surfaces where feasible. e. Use landscaping to treat stormwater. 79. EROSION CONTROL. Interim and final erosion control plans shall be prepared and submitted to the Engineering Division of the Parks & Public Works Department. A Notice of Intent (NOI) and Storm Water Pollution Prevention Plan (SWPPP) shall be submitted to the San Francisco Bay Regional Water Quality Control Board for projects disturbing more than one acre. A maximum of two weeks is allowed between clearing of an area and stabilizingibuilding on an area if grading is allowed during the rainy season. Interim erosion control measures, to be carried out during construction and before installation of the final landscaping shall be included. Interim erosion control method shall include, but are not limited to: silt fences, fiber rolls (with locations and details), erosion control blankets, Town standard seeding specification, filter 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 in compliance with applicable measures contained in the amended provisions C.3 and C.14 of Order No. R2- 2005 -0035 of the amended Santa Clara County NPDES Permit. 80. DUST CONTROL. Blowing dust shall be reduced by timing construction activities so that paving and building construction begin as soon as possible after completion of grading, and by landscaping disturbed soils as soon as possible. Further, water trucks shall be present and in use at the construction site. All portions of the site subject to blowing dust shall be watered as often as deemed necessary by the Town, or a minimum of three times daily, or apply (non- toxic) soil stabilizers on all unpaved access roads, parking areas, and staging areas at construction sites in order to insure proper control of Conditions of Approval 100 Prospect Avenue /M -13 -003, EIR -13 -002 Page 19 of 21 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. 81. CONSTRUCTION ACTIVITES. All construction shall conform to the latest requirements of the CASQA Stormwater Best Management Practices Handbooks for Construction Activities and New Development and Redevelopment, the ABAG Manual of Standards for Erosion & Sediment Control Measures, the Town's grading and erosion control ordinance and other generally accepted engineering practices for erosion control as required by the Town Engineer when undertaking construction activities. 82. SITE DRAINAGE. Rainwater leaders shall be discharged to splash blocks. No through curb drains will be allowed. Any storm drain inlets (public or private) directly connected to public storm system shall be stenciled /signed with appropriate "NO DUMPING - Flows to Bay" NPDES required language. On -site drainage systems for all projects shall include one of the alternatives included in section C.3.i of the Municipal Regional NPDES Permit. These include storm water reuse via cisterns or rain barrels, directing runoff from impervious surfaces to vegetated areas and use of permeable surfaces. If dry wells are to be used they shall be placed 10' minimum from adjacent property line and /or right of way. 83. GOOD HOUSEKEEPING. Good housekeeping practices shall be observed at all times during the course of construction. Superintendence of construction shall be diligently performed by a person or persons authorized to do so at all times during working hours. The storing of goods and /or materials on the sidewalk and /or the street will not be allowed unless a special permit is issued by the Engineering Division. 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. 84. 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. 85. NEIGHBORHOOD CONSTRUCTION COMMUNICATION PLAN. The applicant shall initiate a weekly neighborhood e -mail notification program to provide project status updates. The e -mail notices shall also be posted on a bulletin board placed in a prominent location along the project perimeter. Conditions of Approval 100 Prospect Avenue /M -13 -003, EIR -13 -002 Page 20 of 21 86. SUBDIVISION IMPROVEMENT AGREEMENT. The Applicant shall enter into an agreement to construct public improvements in accordance with Town Code Section 24.40.020. The applicant shall supply suitable securities for all public improvements that are part of the development in a form acceptable to the Town in the amount of 100% (performance) and 100% (labor and materials) prior to issuance of any permit. Applicant shall provide two (2) copies of documents verifying the cost of the public improvements to the satisfaction of the Engineering Division. 87. UTILITY COMPANY REVIEW. Letters from the electric, telephone, cable, and trash companies indicating that the proposed improvements and easements are acceptable shall be provided prior to recordation of the final map. 88. ABOVE GROUND UTILITIES. The applicant shall submit a 75- percent progress printing to the Town for review of above ground utilities including backflow prevention devices, fire department connections, gas and water meters, off- street valve boxes, hydrants, site lighting, electrical /communication/cable boxes, transformers, and mail boxes. Above ground utilities shall be reviewed and approved by Community Development prior to issuance of any permit. 89. PRIVATE EASEMENTS. Agreements detailing rights, limitations, and responsibilities of involved parties shall accompany each private easement. The easements and associated agreements shall be recorded simultaneously with the final map. 90. PUBLIC STREET LIGHTING. Public street lighting will not be required /allowed per General Plan policy and Hillside designation. On lot lighting should be incorporated and promoted. TO THE SATISFACTION OF THE SANTA CLARA COUNTY FIRE DEPARTMENT: 91. AUTOMATIC FIRE SPRINKLER SYSTEM REQUIRED. An approved automatic fire sprinkler system is required for the new residences, hydraulically designed per National Fire Protection Association (NFPA) Standard #13D. A State of California (C -16) Fire Protection contractor shall submit plans, calculations, a completed permit application and appropriate fees to the Fire Department for approval, prior to beginning their work. 92. DRIVEWAY REQUIREMENTS. Provide paved, minimum 12 -foot wide driveways with vertical clearance of 13 feet six inches and maximum slope of 15 %. 93. FIRE APPARATUS (ENGINE) ACCESS ROADS REQUIRED. Provide access roadways with a paved all weather surface, a minimum unobstructed width of 20 feet, vertical clearance of 13 feet six inches, minimum circulating turning radius of 36 feet outside and 23 feet inside, and a maximum slope of 15% (refer to Fire Department Standard Details and Specifications sheet A -1). 94. PUBLIC FIR HYDRANTS REQUIRED. Provide public fire hydrants at locations to be determined jointly by the Fire Department and San Jose Water Company. Maximum hydrant spacing shall be 500 feet, with a minimum single hydrant flow of 1,500 GPM at 20 psi, residual. Fire hydrants shall be provided along required fir apparatus access roads and adjacent public streets. 95. TIMING OF INSTALLATION. Fire apparatus access roads and water supply for fire protection shall be installed and made serviceable prior to and during construction except when approved alternative methods of protection are provided. Temporary street signs shall be installed at each street intersection when construction of new roadways allows passage by vehicles. Conditions of Approval 100 Prospect Avenue /M -13 -003, EIR -13 -002 Page 21 of 21 96. POTABLE WATER SUPPLIES. Potable water supplies shall be protected from contamination caused by fire protection water supplies. The applicant shall contact the providing water purveyor and shall comply with all requirements of that purveyor. The fire sprinkler system shall be designed in compliance with water purveyor requirements; final approval of the system will not be granted by the Fire Department until written confirmation is received from the water purveyor. 97. CONSTRUCTION FIRE SAFETY. The construction site shall comply with applicable provisions of the California Fire Code, Chapter 14 and Fire Department Standard Detail and Specification SI -7. 98. PREMISE IDENTIFICATION. Approved addresses shall be placed on all new buildings so they are clearly visible and legible from the street or road fronting the property. Numbers shall be a minimum of four inches high and shall contrast with their background. N:A DEVA C0NDITNS\2014 VPiospect100- VTM021020I4.docx This Page Intentionally Left Blank