Loading...
Attachment 3-6Town of Los Gatos Office of the Town Clerk 110 E. Main St., Los Gatos CA 95030 FILING FEES .Y$361.00 (PLAPPE AL) Residential $1 ,449.00 (PLAPPEAL), per Commercial Multi-family or Tentative Map Appeal APPEAL OF PLANNING COMMISSI ON DECISION TRANSCRIPTION $500 (PLTRA NS) I, the unders igned, do her eby appeal a decision of the Planning Commission as fo ll ows: (PLEASE TYPE OR PRINT NEATLY) DATE OF PLANNING COMMISSION DECIS ION __ ,__ _ _.:.___ ___ _ PRO J ECT I APPLI CAT ION NO: S -15-059 ADD R ESS LOCATIO N : 126 Clover Way, Los Gatos, CA li Pursua nt to the Town Code, th e Town Coun c il may onl y grant an a ppeal of a Pla nning Com m iss io n dec i sio ~~~ Council fin ds that one of three (3) reasons ex is t for granting the appeal by a vote of at least three (3) Coun cil me ·.!2)herefore, p lease specify how one of those reasons exist s in the appeal: . . . ~ G~li . I . The Planning Commission erred or abused its di s cretion because the applicants did not rece1 ve equa l prot under the law. The PC denied this project because the size/FAR was the largest for the immediate ne ighborhood . fhe PC/TC has approved "largest homes" in Los Gatos ne ighborhoods as precedent. Our project complies with town ordinance on FAR, and is in sim ilar scale to other homes on the block (172 Clover Wy). ; OR 2. Ther e is new informati on that was not reasonably avail able at the ti me of th e P lann ing Comm ission decision, wh ich is An additional concern was stated: the contemporary roof design. The applicants are willing to work w ith the Planning Department to add ress concerns about the home 's roof design . Additionally, the PC did not consider the largest home on the street (172 Clover Way) in ruling on our project. New design changes and demanding equal protection under the law are the bases for our appeal. (p lease a ttach the new inform at ion if possible): OR 3 . The Pl a nnin g Commission d id not have d iscret ion to modify o r a ddress the follo w ing po licy o r iss ue t hat is veste d in t he Town Council : RECEIVI:D ------------------------------------------------~T~OMW~N~O~F~L~o~s~GATOS MAY 9 2016 IF M ORE SPACE IS NEE DED, PLEASE ATTAC H ADDITIONA L SH EETS . IMPORTA NT : CLERK DEPARTMENT I . Appellant is respons ible fo r fees for tra n scriptio n of m inutes. A $500.00 deposit is r equired at t he time of filing. 2. A p pea l must be fi led within ten (I 0) cale ndar days of Plann ing Comm iss ion Decision accompa nied by the req ui red fil ing fee. Dead lin e is 5:00p.m. on th e I o•h day fo ll owin g the dec is io n . If t he I O'h day is a Sat urday, Sunday, or Town ho li day, t hen it may be fi led o n the workday immediate ly fo ll owin g the I o•h day , usually a Monday. 3 . T he Town C le r k w ill set the hearin g w ithin 56 days of the date of the Pl anning Comm iss ion Dec is ion (Town O rdi na nce No. 1967) 4. An appeal regarding a Change of Zone app li cati on or a s ubdi visio n map o n ly m ust b e filed w ith in t he t im e limit specified in the Zoning or Subdivision Code, as appl icab le, wh ic h is d ifferent from other a ppea ls. 5. O nce filed, the appeal will be heard by t he Town Counci l. 6 . If the reason for granting an appeal is th e rece ipt of new informati on, the appl icat ion will usuall y be returne d to the P lanning Commission for recons ideration. 7 . PRI NT NAME : Michael Paige and Kristin Schueler DATE: 5/9/2016 ADDRESS: ---------------------- PHONE: 408-438-0523 (cell) ..1~\\\e. ~~\) lS. 5tr \.\\ ~ DATE OF PUB LI C HEA RI NG: ***OFFICIAL US E ONLY *** CONFI RMATION LETTER SENT: Date : Pen d ing Planning Depa rtment Confirma tion TO APPLICANT & AP PELLANT BY: DATE TO SEND PUBLICATION: ______ _ DATE OF PUB LI CATION : 7 01 101 ~ ATTACHMENT 3 ATTACHMENT 4 RESOLUTION 2016-___ RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DENYING AN APPEAL OF A DECISION OF THE PLANNING COMMISSION DENYING A REQUEST TO DEMOLISH AN EXISTING SINGLE-FAMILY RESIDENCE AND TO CONSTRUCT A NEW SINGLE- FAMILY RESIDENCE ON PROPERTY ZONED R-1:10 APN: 532-15-005 ARCHITECTURE AND SITE APPLICATION: S-15-059 PROPERTY LOCATION: 126 CLOVER WAY APPLICANT: EUGENE SAKAI PROPERTY OWNER/APPELLANT: MICHAEL PAIGE WHEREAS, on April 27, 2016, the Planning Commission held a public hearing and considered a request to demolish an existing single-family residence and to construct a new single-family residence on property zoned R-1:10. The Planning Commission denied the Architecture and Site application. WHEREAS, the appellant has filed an appeal of the decision of the Planning Commission denying the request to demolish an existing single-family residence and to construct a new single-family residence. WHEREAS, the appellant submitted revised plans on June 7, 2016 reducing the size of the proposed residence and modifying the architectural style of the residence. WHEREAS, this matter came before the Town Council for public hearing on June 21, 2016, and was regularly noticed in conformance with State and Town law. WHEREAS, Town Council received testimony and documentary evidence from the appellant and all interested persons who wished to testify or submit documents. Town Council considered all testimony and materials submitted, including the record of the Planning Draft Resolution to be modified by Town Council deliberations and direction. ATTACHMENT 4 Commission proceedings and the packet of materials contained in the Council Agenda Report for their meeting on June 21, 2016, along with any and all subsequent reports and materials prepared concerning this application. WHEREAS, Council finds as follows: A. The Town Council could not make one or more of the following, in accordance with Town Code section 29.20.300: 1. Where there was error or abuse of discretion on the part of the Planning Commission; or 2. New information was submitted to the Council during the appeal process that was not readily and reasonably available for submission to the Commission; or 3. An issue or policy over which the Commission did not have discretion to modify or address, but which is vested in the Council for modification or decision. NOW, THEREFORE, BE IT RESOLVED: 1. The appeal of the decision of the Planning Commission denying a request to demolish an existing single-family residence and to construct a new single-family residence on property zoned R-1:10 is denied. 2. The decision constitutes a final administrative decision pursuant to Code of Civil Procedure section 1094.6 as adopted by section 1.10.085 of the Town Code of the Town of Los Gatos. Any application for judicial relief from this decision must be sought within the time limits and pursuant to the procedures established by Code of Civil Procedure section 1094.6, or such shorter time as required by state and federal Law. ATTACHMENT 4 PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 21st day of June, 2016, by the following vote: COUNCIL MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: SIGNED: MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA N:\DEV\RESOS\2016\Clover-126_DenyAppeal.docx ATTACHMENT 5 RESOLUTION 2016-___ RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS GRANTING AN APPEAL OF A DECISION OF THE PLANNING COMMISSION DENYING A REQUEST TO DEMOLISH AN EXISTING SINGLE-FAMILY RESIDENCE AND TO CONSTRUCT A NEW SINGLE- FAMILY RESIDENCE ON PROPERTY ZONED R-1:10 AND REMANDING THE MATTER TO THE PLANNING COMMISSION FOR FURTHER CONSIDERATION APN: 532-15-005 ARCHITECTURE AND SITE APPLICATION: S-15-059 PROPERTY LOCATION: 126 CLOVER WAY APPLICANT: EUGENE SAKAI PROPERTY OWNER/APPELLANT: MICHAEL PAIGE WHEREAS, on April 27, 2016, the Planning Commission held a public hearing and considered a request to demolish an existing single-family residence and to construct a new single-family residence on property zoned R-1:10. The Planning Commission denied the Architecture and Site application. WHEREAS, the appellant has filed an appeal of the decision of the Planning Commission denying the request to demolish an existing single-family residence and to construct a new single-family residence. WHEREAS, the appellant submitted revised plans on June 7, 2016 reducing the size of the proposed residence and modifying the architectural style of the residence. WHEREAS, this matter came before the Town Council for public hearing on June 21, 2016, and was regularly noticed in conformance with State and Town law. WHEREAS, Town Council received testimony and documentary evidence from the appellant and all interested persons who wished to testify or submit documents. Town Council considered all testimony and materials submitted, including the record of the Planning Draft Resolution to be modified by Town Council deliberations and direction. ATTACHMENT 5 Commission proceedings and the packet of materials contained in the Council Agenda Report for their meeting on June 21, 2016, along with any and all subsequent reports and materials prepared concerning these applications. WHEREAS, Council finds as follows: A. The Town Council could not make one or more of the following, in accordance with Town Code section 29.20.300: 1. Where there was error or abuse of discretion on the part of the Planning Commission; or 2. New information was submitted to the Council during the appeal process that was not readily and reasonably available for submission to the Commission; or 3. An issue or policy over which the Commission did not have discretion to modify or address, but which is vested in the Council for modification or decision. NOW, THEREFORE, BE IT RESOLVED: 1. The appeal of the decision of the Planning denying a request to demolish an existing single-family residence and to construct a new single-family residence on property zoned R-1:10 is granted and the application is remanded to the Planning Commission for further consideration. 2. The decision does not constitute a final administrative decision and the application will be returned to Planning Commission for further consideration. ATTACHMENT 5 PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 21st day of June, 2016, by the following vote: COUNCIL MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: SIGNED: MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA N:\DEV\RESOS\2016\Clover-126_RemandAppeal.docx ATTACHMENT 6 RESOLUTION 2016-___ RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS GRANTING AN APPEAL OF A DECISION OF THE PLANNING COMMISSION DENYING A REQUEST TO DEMOLISH AN EXISTING SINGLE-FAMILY RESIDENCE AND TO CONSTRUCT A NEW SINGLE- FAMILY RESIDENCE ON PROPERTY ZONED R-1:10 APN: 532-15-005 ARCHITECTURE AND SITE APPLICATION: S-15-059 PROPERTY LOCATION: 126 CLOVER WAY APPLICANT: EUGENE SAKAI PROPERTY OWNER/APPELLANT: MICHAEL PAIGE WHEREAS, on April 27, 2016, the Planning Commission held a public hearing and considered a request to demolish an existing single-family residence and to construct a new single-family residence on property zoned R-1:10. The Planning Commission denied the Architecture and Site application. WHEREAS, the appellant has filed an appeal of the decision of the Planning Commission denying the request to demolish an existing single-family residence and to construct a new single-family residence. WHEREAS, the appellant submitted revised plans on June 7, 2016 reducing the size of the proposed residence and modifying the architectural style of the residence. WHEREAS, this matter came before the Town Council for public hearing on June 21, 2016, and was regularly noticed in conformance with State and Town law. WHEREAS, Town Council received testimony and documentary evidence from the appellant and all interested persons who wished to testify or submit documents. Town Council considered all testimony and materials submitted, including the record of the Planning Draft Resolution to be modified by Town Council deliberations and direction. Commission proceedings and the packet of materials contained in the Council Agenda Report for their meeting on May 3, 2016, along with any and all subsequent reports and materials prepared concerning this application. WHEREAS, Council finds as follows: A. In accordance with Town Code section 29.20.300: 1. New information was submitted to the Council during the appeal process that was not readily and reasonably available for submission to the Commission; or 2. There was no error or abuse of discretion on the part of the Planning Commission; or 3. An issue or policy over which the Commission did not have discretion to modify or address, but which is vested in the Council for modifica tion or decision. NOW, THEREFORE, BE IT RESOLVED: 1. The appeal of the decision of the Planning Commission denying a request to demolish an existing single-family residence and to construct a new single-family residence on property zoned R-1:10 is granted. 2. The Town Council hereby adopts all findings, considerations and conditions of approval set forth in the documents attached as Exhibits A and B. 3. The decision constitutes a final administrative decision pursuant to Code of Civil Procedure section 1094.6 as adopted by section 1.10.085 of the Town Code of the Town of Los Gatos. Any application for judicial relief from this decision must be sought within the time limits and pursuant to the procedures established by Code of Civil Procedure sectio n 1094.6, or such shorter time as required by state and federal Law. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 21st day of June, 2016, by the following vote: COUNCIL MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: SIGNED: MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA N:\DEV\RESOS\2016\Clover-126_ApproveAppeal.docx This Page Intentionally Left Blank REQUIRED FINDINGS & CONSIDERATIONS – June 21, 2016 126 Clover Way Architecture and Site Application S-15-059 Requesting approval to demolish an existing single-family residence and to construct a new single-family residence on property zoned R-1:10. APN 532-15-005. PROPERTY OWNER: Michael Paige APPLICANT: Eugene Sakai, Studio S Squared Architecture, Inc. FINDINGS Required finding for CEQA: ■ The project is Categorically Exempt pursuant to the adopted Guidelines for the Implementation of the California Environmental Quality Act, Section 15303: New Construction or Conversion of Small Structures. Required finding for the demolition of a single-family residence: ■ As required by Section 29.10.09030(e) of the Town Code for the demolition of a single- family residence: 1. The Town's housing stock will be maintained as the single-family residence will be replaced. 2. The existing structures have no architectural or historical significance, and are in poor condition. 3. The property owner does not desire to maintain the structures as they exist; and 4. The economic utility of the structures was not considered. Required Compliance with the Residential Design Guidelines: ■ The project is in compliance with the Residential Design Guidelines for single-family homes not in hillside residential areas. CONSIDERATIONS Required considerations in review of Architecture & Site applications: ■ As required by Section 29.20.150 of the Town Code, the considerations in review of an Architecture and Site application were all made in reviewing this project. EXHIBIT A of Attachment 6 This Page Intentionally Left Blank CONDITIONS OF APPROVAL – June 21, 2016 126 Clover Way Architecture and Site Application S-15-059 Requesting approval to demolish an existing single-family residence and to construct a new single-family residence on property zoned R-1:10. APN 532-15-005. PROPERTY OWNER: Michael Paige APPLICANT: Eugene Sakai, Studio S Squared Architecture, Inc. TO THE SATISFACTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT: Planning Division 1. APPROVAL: This application shall be completed in accordance with all of the conditions of approval and in substantial compliance with the approved plans. Any changes or modifications to the approved plans and/or business operation shall be approved by the Community Development Director, DRC or the Planning Commission depending on the scope of the changes. 2. EXPIRATION: The approval will expire two years from the approval date pursuant to Section 29.20.320 of the Town Code, unless the approval has been vested. 3. OUTDOOR LIGHTING: Exterior lighting shall be kept to a minimum, and shall be down directed fixtures that will not reflect or encroach onto adjacent properties. No flood lights shall be used unless it can be demonstrated that they are needed for safety or security. The lighting plan shall be reviewed during building plan check. 4. GENERAL: All existing trees shown on the plan and trees required to remain or to be planted are specific subjects of approval of this plan, and must remain on the site. 5. TREE REMOVAL PERMIT: A Tree Removal Permit shall be obtained for any trees to be removed, prior to the issuance of a building or grading permit. 6. ARBORIST REQUIREMENTS: The developer shall implement, at their cost, all recommendations made by Walter Levison, identified in the Arborist’s report dated as received January 5, 2016, on file in the Community Development Department. A Compliance Memorandum shall be prepared by the applicant and submitted with the building permit application detailing how the recommendations have or will be addressed. These recommendations must be incorporated in the building permit plans, and completed prior to issuance of a building permit where applicable. 7. TREE FENCING: Protective tree fencing and other protection measures shall be placed at the drip line of existing trees prior to issuance of demolition and building permits and shall remain through all phases of construction. Refer to tree fencing requirements and other protection measures identified in the Arborist Reports prepared by Walter Levison dated as received January 5, 2016, on file in the Community Development Department. Include a tree protection plan with the construction plans. 8. WATER EFFECIENCY LANDSCAPE ORDINANCE: The final landscape plan shall meet the Town of Los Gatos Water Conservation Ordinance or the State Water Efficient Landscape Ordinance, whichever is more restrictive. A review fee based on the current fee schedule adopted by the Town Council is required when working landscape and irrigation plans are submitted for review. EXHIBIT B of Attachment 6 9. FRONT YARD LANDSCAPE: Prior to issuance of a Certificate of Occupancy the front yard must be landscaped. 10. SALVAGE OF BUILDING MATERIALS: Prior to the issuance of a demolition permit, the developer shall provide the Community Development Director with written notice of the company that will be recycling the building materials. All wood, metal, glass, and aluminum materials generated from the demolished structure shall be deposited to a company which will recycle the materials. Receipts from the company(s) accepting these materials, noting the type and weight of materials, shall be submitted to the Town prior to the Town’s demolition inspection. 11. STORY POLES: The story poles on the project site shall be removed within 30 days of approval of the Architecture & Site application. 12. 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. 13. COMPLIANCE MEMORANDUM: A memorandum shall be prepared and submitted with the building plans detailing how the Conditions of Approval will be addressed. Building Division 14. PERMITS REQUIRED: A Demolition Permit is required the demolition of the existing single family residence and garage and a Building Permit for the construction of the new single-family residence and garage. Separate permits are required for electrical, mechanical, and plumbing work as necessary. 15. CONDITIONS OF APPROVAL: The Conditions of Approval must be blue-lined in full on the cover sheet of the construction plans. A Compliance Memorandum shall be prepared and submitted with the building permit application detailing how the Conditions of Approval will be addressed. 16. SIZE OF PLANS: Four sets of construction plans, minimum size 24” x 36”, maximum size 30” x 42”. 17. DEMOLITION REQUIREMENTS: Obtain a Building Department Demolition Application and a Bay Area Air Quality Management District Application from the Building Department Service Counter. Once the Demolition Forms have been completed, all signatures obtained, and written verification from PG&E that all utilities have been disconnected, return the completed Forms to the Building Department Service with the Air District’s J# Certificate(s), PG&E verification, and three (3) copies of the Site Plan showing all existing structures, existing utility service lines such as water, sewer, and PG&E gas and electric. No demolition work shall be done without first obtaining a Permit from the Town. 18. SOILS REPORT: A Soils Report, prepared to the satisfaction of the Building Official, containing foundation and retaining wall design recommendations, shall be submitted with the Building Permit Application. This report shall be prepared by a licensed Civil Engineer specializing in soils mechanics. As an alternate, the necessary foundation elements can be designed by a licensed Engineer to the minimum requirements of Chapter 4 of the 2013 California Residential Code. 19. FOUNDATION INSPECTIONS: A pad certificate prepared by a licensed Civil Engineer or Land Surveyor shall be submitted to the project Building Inspector at foundation inspection. This certificate shall certify compliance with the recommendations as specified in the soils report, and that the building pad elevation and on-site retaining wall locations and elevations have been prepared according to the approved plans. Horizontal and vertical controls shall be set and certified by a licensed surveyor or registered civil engineer for the following items: a. Building pad elevation b. Finish floor elevation c. Foundation corner locations d. Retaining Walls 20. RESIDENTIAL TOWN ACCESSIBILITY STANDARDS: The residence shall be designed with adaptability features for single family residences per Town Resolution 1994- 61: a. Wood backing (2” x 8” minimum) shall be provided in all bathroom walls at water closets, showers, and bathtubs, located 34-inches from the floor to the center of the backing, suitable for the installation of grab bars. b. All passage doors shall be at least 32-inches wide on the accessible floor. c. Primary entrance shall be a 36-inch wide door including a 5’x5’ level landing, no more than 1-inch out of plane with the immediate interior floor level with an 18-inch clearance at interior strike edge. d. Door buzzer, bell or chime shall be hard wired at primary entrance. 21. TITLE 24 ENERGY COMPLIANCE: All required California Title 24 Energy Compliance Forms must be blue-lined, i.e. directly printed, onto a plan sheet. 22. BACKWATER VALVE: The scope of this project may require the installation of a sanitary sewer backwater valve per Town Ordinance 6.50.025. Please provide information on the plans if a backwater valve is required and the location of the installation. The Town of Los Gatos Ordinance and West Valley Sanitation District (WVSD) requires backwater valves on drainage piping serving fixtures that have flood level rims less than 12-inches above the elevation of the next upstream manhole. 23. TOWN FIREPLACE STANDARDS: New wood burning fireplaces shall be an EPA Phase II approved appliance as per Town Ordinance 1905. Tree limbs shall be cut within 10-feet of Chimney. 24. HAZARDOUS FIRE ZONE: The project requires a Class A Roof assembly. 25. WILDLAND-URBAN INTERFACE: This project is located in a Wildland-Urban Interface High Fire Area and must comply with Section R327 of the California Residential Code. 26. PROVIDE DEFENSIBLE SPACE/FIRE BREAK LANDSCAPING PLAN: Prepared by a California licensed Architect or Landscape Architect in conformance with California Public Resources Code 4291 and California Government Code Section 51182. 27. PRIOR TO FINAL INSPECTION: Provide a letter from a California licensed Architect or Landscape Architect certifying that the landscaping and vegetation clearance requirements have been completed per the California Public Resources Code 4291 and Government Code Section 51182. 28. SPECIAL INSPECTIONS: When a special inspection is required by CBC Section 1704, the architect or engineer of record shall prepare an inspection program that shall be submitted to the Building Official for approval prior to issuance of the building permit. The Town Special Inspection form must be completely filled-out and signed by all requested parties prior to permit issuance. Special Inspection forms are available from the Building Division Service Counter or online at www.losgatosca.gov/building 29. BLUE PRINT FOR A CLEAN BAY SHEET: The Town standard Santa Clara County Valley Nonpoint Source Pollution Control Program Sheet (24x36) shall be part of the plan submittal as the second page. The specification sheet is available at the Building Division Service Counter for a fee of $2 or at San Jose Blue Print for a fee or online at www.losgatosca.gov/building. 30. APPROVALS REQUIRED: The project requires the following departments and agencies approval before issuing a building permit: a. Community Development – Planning Division: Jocelyn Puga at (408) 354-6875 b. Engineering/Parks & Public Works Department: Mike Weisz at (408) 395-5340 c. Santa Clara County Fire Department: (408) 378-4010 d. West Valley Sanitation District: (408) 378-2407 e. Local School District: The Town will forward the paperwork to the appropriate school district(s) for processing. A copy of the paid receipt is required prior to permit issuance. TO THE SATISFACTION OF THE DIRECTOR OF PARKS AND PUBLIC WORKS: Engineering Division 31. GENERAL: All public improvements shall be made according to the latest adopted Town Standard Plans, Standard Specifications and Engineering Design Standards. 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 an encroachment 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. 32. 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. 33. 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), AT&T, Comcast, Santa Clara Valley Water District, California Department of Transportation. Copies of any approvals or permits must be submitted to the Town Engineering Division of the Parks and Public Works Department prior to releasing any permit. 34. PRIVATE IMPROVEMENTS IN THE PUBLIC RIGHT-OF-WAY (INDEMNITY AGREEMENT): The property owner shall enter into an agreement with the Town for all existing and proposed private improvements within the Town right-of-way. The Owner shall be solely responsible for maintaining the improvements in a good and safe condition at all times and shall indemnify the Town of Los Gatos. The agreement must be completed and accepted by the Town Attorney prior to the issuance of any permits. 35. PUBLIC WORKS INSPECTIONS: The Developer or his representative shall notify the Engineering Inspector at least twenty-four (24) hours before starting any work pertaining to on-site drainage facilities, grading or paving, and all work in the Town's right-of-way. Failure to do so will result in rejection of work that went on without inspection. 36. RESTORATION OF PUBLIC IMPROVEMENTS: The Developer shall repair or replace all existing improvements not designated for removal that are damaged or removed because of the 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. Any new concrete shall be free of stamps, logos, names, graffiti, etc. Any concrete identified that is displaying a stamp or equal shall be removed and replaced at the Contractor’s sole expense and no additional compensation shall be allowed therefore. 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. The Developer shall request a walk-through with the Engineering Construction Inspector before the start of construction to verify existing conditions. 37. SITE SUPERVISION: The General Contractor shall provide qualified supervision on the job site at all times during construction. 38. STREET CLOSURE: Any proposed blockage or partial closure of the street 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. 39. 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. 40. INSPECTION FEES: Inspection fees shall be deposited with the Town prior to issuance of any Permit or recordation of the Final Map. 41. DESIGN CHANGES: Any proposed changes to the approved plans shall be subject to the approval of the Town prior to altered work is started. The Applicant’s project engineer shall notify, in writing, the Town Engineer at least 72 hours in advance of all the proposed changes. Any approved changes shall be incorporated into the final “as-built” plans. 42. GRADING PERMIT: Grading permit is required for all site grading and drainage work except for exemptions listed in Section 12.20.015 of the Town Grading Ordinance. The grading permit application (with grading plans) shall be made to the Engineering Division of the Parks and Public Works Department located at 41 Miles Avenue. The grading plans shall include final grading, drainage, retaining wall location, driveway, utilities and interim erosion control. Grading plans shall list earthwork quantities and a table of existing and proposed impervious areas. Unless specifically allowed by the Director of Parks and Public Works, the grading permit will be issued concurrently with the building permit. The grading permit is for work outside the building footprint(s). A separate building permit, issued by the Building Department on E. Main Street is needed for grading within the building footprint. 43. DRIVEWAY: The driveway conform to existing pavement on Clover Way shall be constructed such that existing drainage patterns will not be obstructed. 44. TREE REMOVAL: Copies of all necessary tree removal permits shall be provided prior to issuance of a grading permit/building permit. 45. SURVEYING CONTROLS: Horizontal and vertical controls shall be set and certified by a licensed surveyor or registered civil engineer qualified to practice land surveying, for the following items: a. Retaining wall: top of wall elevations and locations. b. Toe and top of cut and fill slopes. 46. PAD CERTIFICATION: A letter from a licensed land surveyor shall be provided stating that the building foundation was constructed in accordance with the approved plans shall be provided subsequent to foundation construction and prior to construction on the structure. The pad certification shall address both vertical and horizontal foundation placement. 47. 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. 48. 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. 49. SOILS REPORT: One copy of the soils and geologic report shall be submitted with the 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. 50. SOILS REVIEW: Prior to issuance of any permit, the Applicant’s engineers shall prepare and submit a design-level geotechnical/geological investigation for review and approval b y 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. Approval of the Applicant’s soils engineer shall then be conveyed to the Town either by letter or by signing the plans. 51. 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 shall be documented in an “as-built” letter/report prepared by the Applicant’s soils engineer and submitted to the Town before final release of any occupancy permit is granted. 52. SOIL RECOMMENDATIONS: The project shall incorporate the geotechnical/geological recommendations contained in the Geotechnical Investigation for Paige-Schueler Residence by Romig Engineers, Inc., dated December 2015, and any subsequently required report or addendum. Subsequent reports or addendum are subject to peer review by the Town’s consultant and costs shall be borne by the Applicant. 53. 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. The Applicant is required to obtain approval of all proposed utility alignments from any and all utility service providers before a Certificate of Occupancy for any new building can be issued. The Town of Los Gatos does not approve or imply approval for final alignment or design of these facilities. 54. 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. 55. 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. All necessary utility trenches and related pavement cuts shall be consolidated to minimize the impacted area of the roadway. d. The total asphalt thickness shall be a minimum of 3-inches, meet Town standards, 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. e. The Contractor shall schedule a pre-paving meeting with the Town Engineering Construction Inspector the day the paving is to take place. f. 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. All pavement restorations shall be completed and approved by the Inspector before occupancy. 56. SIDEWALK/CURB IN-LIEU FEE: A curb and sidewalk in-lieu fee in an amount to be determined upon further review of and revisions to plans shall be paid prior to issuance of a building permit. This fee will be based on the unit costs of curb ($64/LF) and 4.5-foot wide sidewalk ($16/SF) in accordance with Town policy and the Town’s Fee Schedule. 57. CURB AND GUTTER REPAIR: The Developer shall repair and replace to existing Town standards any curb and gutter damaged now or during construction of this project. All new and existing adjacent infrastructure must meet Town standards. New curb and gutter shall be constructed per Town Standard Details. New concrete shall be free of stamps, logos, names, graffiti, etc. Any concrete identified that is displaying a stamp or equal shall be removed and replaced at the Contractor’s sole expense and no additional compensation shall be allowed therefore. The limits of curb and gutter repair will be determined by the Engineering Construction Inspector during the construction phase of the project. The improvements must be completed and accepted by the Town before a Certificate of Occupancy for any new building can be issued. 58. FENCING: Any fencing proposed within 200-feet of an intersection shall comply with Town Code Section §23.10.080. 59. 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. 60. FENCES: Fences between all adjacent parcels will need to be located on the property lines/boundary lines. Any existing fences that encroach into the neighbor’s property will need to be removed and replaced to the correct location of the boundary lines before a Certificate of Occupancy for any new building can be issued. Waiver of this condition will require signed and notarized letters from all affected neighbors. 61. 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. 62. 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 Department and Engineering Division 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. 63. CONSTRUCTION HOURS: All subdivision improvements and site improvements construction activities, including the delivery of construction materials, labors, heavy equipment, supplies, etc. shall be limited to 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. The Town may authorize on a case-by- case basis alternate construction hours. The Applicant/Subdivider shall provide written notice 24 hours in advance of modified construction hours. Approval of this request is at discretion of the Town. 64. 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 from the source. 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. 65. CONSTRUCTION MANAGEMENT PLAN: Prior to the issuance of any permits, the Applicant shall submit a construction management plan that shall incorporate at a minimum the Project Schedule, employee parking, materials storage area(s) and proposed outhouse locations. 66. MAINTENANCE ACCESS: Prior to the issuance of any permits, the Applicant shall propose maintenance access improvements for the Town Engineer to review, comment on, and approve. The Engineering Division of the Parks and Public Works Department shall approve the surface materials over each public easement. 67. WVSD (West Valley Sanitation District): Sanitary sewer laterals are televised by West Valley Sanitation District and approved by the Town of Los Gatos before they are used or reused. Sanitary Sewer Clean-out is required for each property at the property line or at a location specified by the Town. 68. 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 Building Official. 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 in the Uniform Plumbing Code adopted by the Town and maintain such device in a functional operation condition. Evidence of West Sanitation District’s decision on whether a backwater device is needed shall be provided prior to issuance of a building permit. 69. BEST MANAGEMENT PRACTICES (BMPs): The Applicant is responsible for ensuring that all contractors are aware of all storm water quality measures and that such measures are implemented. Best Management Practices (BMPs) shall be maintained and be placed for all areas that have been graded or disturbed and for all material, equipment and/or operations that need protection. Removal of BMPs (temporary removal during construction activities) shall be replaced at the end of each working day. Failure to comply with the construction BMP will result in the issuance of correction notices, citations, or stop work orders. 70. SITE DESIGN MEASURES: All projects shall incorporate the following measures: a. Protect sensitive areas and minimize changes to the natural topography. b. Minimize impervious surface areas. c. Direct roof downspouts to vegetated areas. d. Use permeable pavement surfaces on the driveway, at a minimum. e. Use landscaping to treat stormwater. 71. 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 blowing dust for the duration of the project. Watering on public streets shall not occur. Streets shall 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. 72. CONSTRUCTION ACTIVITIES: 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 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. 73. 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. 74. 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. 75. GOOD HOUSEKEEPING: Good housekeeping practices shall be observed at all times during the course of construction. All construction shall be diligently supervised 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 an encroachment permit is issued by the Engineering Division of the Parks and Public Works Department. 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 an encroachment 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. 76. 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. 77. COVERED TRUCKS: All trucks transporting materials to and from the site shall be covered. TO THE SATISFACTION OF THE SANTA CLARA COUNTY FIRE DEPARTMENT: 78. WILDLAND-URBAN INTERFACE: This project is located within the designated Wildland-Urban Interface Area. The building construction shall comply with the provisions of California Building Code (CBC) Chapter 7A. Note that vegetation clearance shall be in compliance with CBC Section 701A.3.2.4 prior to project final approval. Check with the Planning Department for related landscape plan requirements. 79. FIRE SPRINKLERS (excludes workshop): An automatic residential fire-sprinkler system shall be installed in one- and two-family dwellings as follows. In all new one- and two- family dwellings and in existing one-and two-family dwellings when additions are made that increase the building area to more than 3,600 square feet. Exception: A one-time addition to an existing building that does not total more than 1,000 square feet of building area. Note: The owner(s), occupant(s) and any contractor(s) or subcontractor(s) are responsible for consulting with the water purveyor of record in order to determine if any modification or upgrade of the existing water service is required. Note: Covered porches, patios, balconies, and attic spaces may require fire sprinkler coverage. A State of California licensed (C-16) Fire Protection Contractor shall submit plans, calculations, a completed permit application and appropriate fees to this department for review and approval prior to beginning their work. CRC Sec. 313.2 as adopted and amended by LGTC 80. WATER SUPPLY REQUIREMENTS: Potable water supplies shall be protected from contamination caused by fire protection water supplies. It is the responsibility of the applicant and any contractors and subcontractors to contact the water purveyor supplying the site of such project, and to comply with the requirements of that purveyor. Such requirements shall be incorporated into the design of any water-based fire protection systems, and/or fire suppression water supply systems or storage containers that may be physically connected in any manner to an appliance capable of causing contamination of the potable water supply of the purveyor of record. Final approval of the system(s) under consideration will not be granted by this office until compliance with the requirements of the water purveyor of record are documented by that purveyor as having been met by the applicant(s). 2010 CFC Sec. 903.3.5 and Health and Safety Code 13114.7. 81. CONSTRUCTION SITE FIRE SAFETY: All construction sites must comply with applicable provisions of the CFC Chapter 33 and our Standard Detail and Specification SI- 7. Provide appropriate notations on subsequent plan submittals, as appropriate to the project. CFC Chp 33. 82. ADDRESS INDENTIFICATION: New and existing buildings shall have approved address numbers, building numbers, or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Address numbers shall be Arabic numbers or alphabetical letters. Numbers shall be a minimum of 4 inches (101.6 mm) high with a minimum stroke width of 0.5 inch (12.7 mm). Where access is by means of a private road and the building cannot be viewed from the public way, a monument, pole or other sign or means shall be used to identify the structure. CFC Sec. 505.1.