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Attachment 4-8 RESOLUTION 2016-___ RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DENYING AN APPEAL OF THE DECISION OF THE PLANNING COMMISSION DENYING A REQUEST FOR APPROVAL OF EXTERIOR MODIFICATIONS TO AN EXISTING COMMERCIAL BUILDING AND TO OPERATE A NEW FITNESS STUDIO (SOUL CYCLE) WITH GROUP EXERCISE CLASSES ON PROPERTY ZONED C-2 APN: 529-04-085 ARCHITECTURE AND SITE APPLICATION: S-16-002 CONDITIONAL USE PERMIT APPLICATION U-16-001 PROPERTY LOCATION: 212-216 N. SANTA CRUZ AVENUE APPLICANT/APPELLANT: PAUL FUSCO, SOUL CYCLE PROPERTY OWNER: MCCARTHY SANTA CRUZ AVE, LLC WHEREAS, on April 27, 2016, the Planning Commission held a public hearing and considered a request for approval of exterior modifications to an existing commercial building and to operate a new fitness studio (Soul Cycle) with group exercise classes on property zoned C-2. The Planning Commission denied the Architecture and Site Application and Conditional Use Permit Applications. WHEREAS, the appellant has filed an appeal of the decision of the Planning Commission denying the request for approval of exterior modifications to an existing commercial building and approval for a new fitness studio (Soul Cycle) with group exercise classes. WHEREAS, this matter came before the Town Council for a public hearing on June 21, 2016, and was regularly noticed in conformance with State and Town law. ATTACHMENT 5 Draft Resolution to be modified by Town Council deliberations and direction. 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 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 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. B. Pursuant to Town Code section 29.20.190, the request for a CUP is not desirable to the public convenience; will impair the integrity and character of the zone; would be detrimental to public health, safety or general welfare; and is not in harmony with the various elements or objectives of the General Plan and the purposes of the Town Code. These findings are based on the evidence presented at the June 21, 2016 Council meeting, including all written materials and testimony regarding this application. NOW, THEREFORE, BE IT RESOLVED: 1. The appeal of the decision of the Planning Commission denying a request for approval of exterior modifications to an existing commercial building and to operate a new fitness studio (Soul Cycle) with group exercise classes on property zoned C-2 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. 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\NSC-212-216_DenyAppeal.docx RESOLUTION 2016-___ RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS GRANTING AN APPEAL OF THE DECISION OF THE PLANNING COMMISSION DENYING A REQUEST FOR APPROVAL OF EXTERIOR MODIFICATIONS TO AN EXISTING COMMERCIAL BUILDING AND TO OPERATE A NEW FITNESS STUDIO (SOUL CYCLE) WITH GROUP EXERCISE CLASSES ON PROPERTY ZONED C-2 AND REMANDING THE MATTER TO THE PLANNING COMMISSION FOR FURTHER CONSIDERATION APN: 529-04-085 ARCHITECTURE AND SITE APPLICATION: S-16-002 CONDITIONAL USE PERMIT APPLICATION U-16-001 PROPERTY LOCATION: 212-216 N. SANTA CRUZ AVENUE APPLICANT/APPELLANT: PAUL FUSCO, SOUL CYCLE PROPERTY OWNER: MCCARTHY SANTA CRUZ AVE, LLC WHEREAS, on April 27, 2016, the Planning Commission held a public hearing and considered a request for approval of exterior modifications to an existing commercial building and to operate a new fitness studio (Soul Cycle) with group exercise classes on property zoned C-2. The Planning Commission denied the Architecture and Site Application and Conditional Use Permit Applications. WHEREAS, the appellant has filed an appeal of the decision of the Planning Commission denying the request for approval of exterior modifications to an existing commercial building and approval for a new fitness studio (Soul Cycle) with group exercise classes. WHEREAS, this matter came before the Town Council for a public hearing on June 21, 2016, and was regularly noticed in conformance with State and Town law. ATTACHMENT 6 Draft Resolution to be modified by Town Council deliberations and direction. 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 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 Commission denying a request for approval of exterior modifications to an existing commercial building and to operate a new fitness studio (Soul Cycle) with group exercise classes on property zoned C -2 is denied and the applications are remanded to the Planning Commission for further consideration. 2. The decision does not constitute a final administrative decision and the applications will be returned to Planning Commission for further consideration. 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\NSC-212-216_RemandAppeal.docx RESOLUTION 2016-___ RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS GRANTING AN APPEAL OF THE DECISION OF THE PLANNING COMMISSION DENYING A REQUEST FOR APPROVAL OF EXTERIOR MODIFICATIONS TO AN EXISTING COMMERCIAL BUILDING AND TO OPERATE A NEW FITNESS STUDIO (SOUL CYCLE) WITH GROUP EXERCISE CLASSES ON PROPERTY ZONED C-2 APN: 529-04-085 ARCHITECTURE AND SITE APPLICATION: S-16-002 CONDITIONAL USE PERMIT APPLICATION U-16-001 PROPERTY LOCATION: 212-216 N. SANTA CRUZ AVENUE APPLICANT/APPELLANT: PAUL FUSCO, SOUL CYCLE PROPERTY OWNER: MCCARTHY SANTA CRUZ AVE, LLC WHEREAS, on April 27, 2016, the Planning Commission held a public hearing and considered a request for approval of exterior modifications to an existing commercial building and to operate a new fitness studio (Soul Cycle) with group exercise classes on property zoned C-2. The Planning Commission denied the Architecture and Site Application and Conditional Use Permit Applications. WHEREAS, the appellant has filed an appeal of the decision of the Planning Commission denying the request for approval of exterior modifications to an existing commercial building and approval for a new fitness studio (Soul Cycle) with group exercise classes. WHEREAS, this matter came before the Town Council for a public hearing on June 21, 2016, and was regularly noticed in conformance with State and Town law. ATTACHMENT 7 Draft Resolution to be modified by Town Council deliberations and direction. 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 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. 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 for approval of exterior modifications to an existing commercial building and to operate a new fitness studio (Soul Cycle) with group exercise classes on property zoned C-2 is granted. 2. The Town Council hereby adopts all findings 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 section 1094.6, or such shorter time as required by state and federal Law. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, 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\NSC212-216_ApproveAppeal.docx This Page Intentionally Left Blank REQUIRED FINDINGS FOR – June 21, 2016 212-216 N. Santa Cruz Avenue Conditional Use Permit Application U-16-001 Requesting approval of exterior modifications to an existing commercial building and approval for a new fitness studio (Soul Cycle) with group exercise classes on property zoned C-2. APN 529-04-085. PROPERTY OWNER: McCarthy Santa Cruz Ave, LLC APPLICANT: Paul Fusco, Soul Cycle 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 15301: Existing Facilities. Required findings for a Conditional Use Permit: ■ As required by Section 29.20.190 of the Town Code for granting a Conditional Use Permit: The deciding body, on the basis of the evidence submitted at the hearing, may grant a conditional use permit when specifically authorized by the provisions of the Town Code if it finds that: (1) The proposed use of the property is essential or desirable to the public convenience or welfare because it will provide a healthy indoor cycling studio for members of the community to exercise and socialize; and (2) The proposed use will not impair the integrity and character of the zone because it will be complementary to the surrounding commercial uses, contributing to a variety of consumer services in the Central Business District; and (3) The proposed use would not be detrimental to public health, safety, or general welfare, and the conditions regarding the operating hours, number of students, staff and/or trainers placed on the permit would maintain the welfare of the community; and (4) The proposed use of the property is in harmony with the various elements or objectives of the General Plan and Town Code. Required finding for the Redevelopment Plan for the Central Los Gatos Redevelopment Project Area: ■ That the proposed project is consistent with the Redevelopment Plan for the Central Los Gatos Redevelopment Project Area (Section IV.B) in that the subject property is designated commercial and the proposed use falls under general commercial uses. EXHIBIT A of Attachment 7 This Page Intentionally Left Blank CONDITIONS OF APPROVAL – June 21, 2016 212-216 N. Santa Cruz Avenue Architecture and Site Application S-16-002 Conditional Use Permit Application U-16-001 Requesting approval of exterior modifications to an existing commercial building and approval for a new fitness studio (Soul Cycle) with group exercise classes on property zoned C-2. APN 529-04-085. PROPERTY OWNER: McCarthy Santa Cruz Ave, LLC APPLICANT: Luba Senatorova 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 shall be approved by the Community Development Director, DRC or the Planning Commission, or Town Council 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. USE: The approved use is for group fitness classes. 4. NUMBER OF STUDENTS: The maximum number of students is limited to 57. 5. NUMBER OF INSTRUCTORS: The maximum number of instructors on-site at any given time is limited to five. 6. HOURS OF OPERATION: Maximum hours of operation are 5:30 a.m. to 10:00 p.m. Monday through Friday and 7:00 a.m. to 9:00 p.m. Saturday and Sunday. 7. SIGN PERMIT: A Sign Permit from the Los Gatos Community Development Department must be obtained prior to any changes to existing signs or installation of new signs. 8. CERTIFICATE OF USE AND OCCUPANCY: A Certificate of Use and Occupancy from the Los Gatos Community Development Department must be obtained prior to commencement of use. 9. BUSINESS LICENSE: A business license from the Town of Los Gatos Finance Department must be obtained prior to the commencement of any new or change of use. 10. 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. 11. COMPLIANCE MEMEMORANDUM: A memorandum, in compliance with standard Town practice, shall be prepared and submitted with the building permit detailing how the conditions of approval will be addressed. EXHIBIT B of Attachment 7 Building Division 12. PERMITS REQUIRED: A Building Permit shall be required for alterations and Tenant Improvements to the existing commercial building. Separate permits are required for electrical, mechanical, and plumbing work as necessary. 13. 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. 14. SIZE OF PLANS: Four sets of construction plans, maximum size 24” x 36”. 15. TITLE 24 ENERGY COMPLIANCE: All required California Title 24 Energy Compliance Forms must be blue-lined (i.e. sticky backed) onto the plans including lighting compliance and mandatory measures. 16. TITLE 24 ACCESSIBILITY – COMMERICAL: For any proposed tenant improvements, on-site parking and general path of travel shall comply with the latest California Title 24 Accessibility Standards. Work shall include, but not be limited to, accessibility to building entrances from parking facilities and sidewalks. The building shall be upgraded to comply with the latest California Title 24 Accessibility Standards. Necessary work shall be first investigated and then confirmed by Town staff. See Advisory Comment 10.b. 17. APPROVALS REQUIRED: The project requires the following departments and agencies approval before issuing a building permit: a. Community Development – Planning Division: Jocelyn Puga (408) 354-6875 b. Santa Clara County Fire Department: (408) 378-4010 c. West Valley Sanitation District: (408) 378-2407 (for sanitary drainage system alterations). 18. ADVISORY COMMENTS FOR TENANT IMPROVEMENTS: a. In addition to all new work complying with the Code for accessibility, when existing buildings are altered or remodeled they must be made accessible to persons with physical disabilities in accordance with the CBC Section 11B-202, “Accessibility for Existing Buildings”. Existing accessibility features and/or elements required to be accessible in order of priority include: (a) Accessible main entrance with required signage and proper door hardware that does not require tight grasping; (b) Accessible route to altered area (including parking space and path of travel from public way, compliant ramp, and necessary signage; (c) Accessible Restrooms; (d) Accessible indoor and outdoor seating; (e) Exercise equipment shall be accessible per CBC Section 11B-236. b. Where the cost of alterations or remodeling is less than a threshold amount (currently at $150,244.00) and the cost to provide all those features listed above is disproportionate to the improvement costs (i.e. more than 20% of the budget), then the Owner is only required to provide disabled access upgrades to 20% of the budget cost for alterations with the approval of the Building Official. Please obtain the Town 20% Rule Form from the Town Permit Counter or download from the Town of Los Gatos website at www.losgatosca.gov and completely fill it out showing all the required upgrades that will be provided and their costs. This form must be permanently affixed (i.e. blue-lined, sticky-backed) to the plans. c. Exiting and Occupant Load shall be in strict compliance with California Building Code Chapter 10. d. Maintain a minimum aisle width of 36 inches. e. At the ramp landing outside the cycle exercise room, the handrails for the step down would need to extend 23 inches out toward the lockers and could prove to be an obstruction to walking in this area. Consider having the step down toward the front retail area. f. It appears that there may be a small Snack Shop in the front retail area. Depending on what is provided, clearance may be required from the Santa Clara County Environmental Health Department at (408) 918-3400. TO THE SATISFACTION OF THE DIRECTOR OF PARKS AND PUBLIC WORKS: Engineering Division 19. 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 Applicant'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 Applicant's expense. 20. APPROVAL: This application shall be completed in accordance with all of the conditions of approval 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. 21. CHANGE OF OCCUPANCY: Prior to initial occupancy and any subsequent change in use or occupancy of any non-residential condominium space, the buyer or the new or existing occupant shall apply to the Community Development Department and obtain approval for use determination and building permit and obtain inspection approval for any necessary work to establish the use and/or occupancy consistent with that intended. 22. 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 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 (Caltrans). 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. 23. PUBLIC WORKS INSPECTIONS: The Applicant or their 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 penalties and rejection of work that went on without inspection. 24. RESTORATION OF PUBLIC IMPROVEMENTS: The Applicant shall repair or replace all existing improvements not designated for removal that are damaged or removed because of the Applicant'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 Applicant shall request a walk-through with the Engineering Construction Inspector before the start of construction to verify existing conditions. 25. STREET/SIDEWALK CLOSURE: Any proposed blockage or partial closure of the street and/or 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. 26. INSPECTION FEES: Inspection fees shall be deposited with the Town prior to the issuance of any Permit. 27. PARKING: Any proposed parking restriction must be approved by The Town of Los Gatos, Community Development Department. 28. SIDEWALK REPAIR: The Applicant shall repair and replace to existing Town standards any Villa Hermosa style sidewalk damaged now or during construction of this project. All new and existing adjacent infrastructure must meet current ADA standards. Villa Hermosa style sidewalk repair shall match existing color, texture and design, and 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 sidewalk 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. 29. CURB AND GUTTER REPAIR: The Applicant 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. 30. CONSTRUCTION STREET PARKING: No vehicle having a manufacture’s r ated 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. 31. 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 shall provide written notice twenty- four (24) hours in advance of modified construction hours. Approval of this request is at discretion of the Town. 32. 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. 33. 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 location(s), as applicable. 34. 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. A Sanitary Sewer Clean-out is required for each property at the property line, or at a location specified by the Town. 35. 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 the issuance of a building permit. 36. SILT AND MUD IN PUBLIC RIGHT-OF-WAY: It is the responsibility of Contractor and homeowner 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. 37. 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 Applicant'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 penalties and/or the Town performing the required maintenance at the Applicant's expense. 38. COVERED TRUCKS: All trucks transporting materials to and from the site shall be covered. TO THE SATISFACTION OF THE SANTA CLARA COUNTY FIRE DEPARTMENT: 39. FIRE SPRINKLERS: Plans indicate the building is equipped with fire sprinklers. If this is the case, a separate review must be conducted by this office to ensure that the remodel will not affect the performance of the system. 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. CFC Sec. 903.2 as adopted and amended by LGTC