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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
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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
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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
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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
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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
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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
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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
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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
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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
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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.
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