Attachments 4 - 8RESOLUTION 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 TO CONSTRUCT A NEW SINGLE-FAMILY RESIDENCE
ON PROPERTY ZONED R-1:8
APN: 532-04-082
ARCHITECTURE AND SITE APPLICATION: S-16-011
PROPERTY LOCATION: 16362 HILOW ROAD
PROPERTY OWNER/APPELLANT: VALY JALALIAN
WHEREAS, on July 27, 2016, the Planning Commission held a public hearing and
considered a request to construct a new single-family residence on property zoned R-1:8. The
Planning Commission denied the application at the July 27, 2016 Planning Commission Public
Hearing.
WHEREAS, on August 1, 2016, the property owner filed an appeal of the decision of
the Planning Commission denying an application to construct a new single-family residence; and
WHEREAS, this matter came before the Town Council for public hearing on September
20, 2016, and was regularly noticed in conformance with State and Town law.
WHEREAS, the Town Council received testimony and documentary evidence from the
appellant and all interested persons who wished to testify or submit documents. The Town
Council considered all testimony and materials submitted, including the record of the Planning
Commission proceedings and the packet of material contained in the Council Agenda Report for
their meeting on September 20, 2016, along with any and all subsequent reports and materials
prepared concerning this application.
WHEREAS, Council finds as follows:
A. The Council could not make one or more of the following, in accordance with Town
Code section 29.20.300:
ATTACHMENT 5
Draft Resolution to
be modified by Town
Council deliberations
and direction.
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
construct a new single-family residence on property zoned R-1:8 is denied based on the findings
attached hereto as Exhibit A.
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 20th day of September, 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:\SHARE\COUNCIL REPORTS\2016\09-20-16\14 16362 Hilow Road\Attachment 5 - Draft Resolution to deny appeal and deny project &
Exhibit A.docx
TOWN COUNCIL – September 20, 2016
REQUIRED FINDINGS & CONSIDERATIONS FOR:
16362 Hilow Road
Architecture and Site Application S-16-011
Requesting approval to construct a new single-family residence on property zoned R-1:8.
APN 532-04-082.
PROPERTY OWNER/APPLICANT: Valy Jalalian
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 Compliance with the Residential Design Guidelines:
■ The project does not comply 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.
N:\DEV\FINDINGS\2016\HILOW 16362TCDENY.DOCX
EXHIBIT A
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 TO CONSTRUCT A NEW SINGLE-FAMILY RESIDENCE,
ON PROPERTY ZONED R-1:8
AND REMANDING THE MATTER TO THE PLANNING COMMISSION FOR
FURTHER CONSIDERATION
APN: 532-04-082
ARCHITECTURE AND SITE APPLICATION: S-16-011
PROPERTY LOCATION: 16362 HILOW ROAD
PROPERTY OWNER/APPELLANT: VALY JALALIAN
‘
WHEREAS, on July 27, 2016, the Planning Commission held a public hearing and
considered a request to construct a new single-family residence on property zoned R-1:8. The
Planning Commission denied the application at the July 27, 2016 Planning Commission Public
Hearing.
WHEREAS, on August 1, 2016, the property owner filed an appeal of the decision of
the Planning Commission denying an application to construct a new single-family residence; and
WHEREAS, this matter came before the Town Council for public hearing on September
20, 2016, and was regularly noticed in conformance with State and Town law.
WHEREAS, the Town Council received testimony and documentary evidence from the
appellant and all interested persons who wished to testify or submit documents. The Town
Council considered all testimony and materials submitted, including the record of the Planning
Commission proceedings and the packet of material contained in the Council Agenda Report for
their meeting on September 20, 2016, along with any and all subsequent reports and materials
prepared concerning this application.
ATTACHMENT 6
Draft Resolution to
be modified by Town
Council deliberations
and direction.
ATTACHMENT 10
WHEREAS, Council finds as follows:
A. 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
construct a new single-family residence on property zoned R-1:8 is granted and the application is
remanded to 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 10
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of
Los Gatos, California, held on the 20th day of September, 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:\SHARE\COUNCIL REPORTS\2016\09-20-16\14 16362 Hilow Road\Attachment 6 - Draft Resolution to grant appeal and remand project to
Planning Commission.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 TO CONTRUCT A NEW SINGLE-FAMILY RESIDENCE ON
PROPERTY ZONED R-1:8
APN: 532-04-082
ARCHITECTURE AND SITE APPLICATION: S-16-011
PROPERTY LOCATION: 16362 HILOW ROAD
PROPERTY OWNER/APPELLANT: VALY JALALIAN
WHEREAS, on July 27, 2016, the Planning Commission held a public hearing and
considered a request to construct a new single-family residence on property zoned R-1:8. The
Planning Commission denied the application at the July 27, 2016 Planning Commission Public
Hearing.
WHEREAS, on August 1, 2016, the property owner filed an appeal of the decision of
the Planning Commission denying an application to construct a new single-family residence; and
WHEREAS, this matter came before the Town Council for public hearing on September
20, 2016, and was regularly noticed in conformance with State and Town law.
WHEREAS, the Town Council received testimony and documentary evidence from the
appellant and all interested persons who wished to testify or submit documents. The Town
Council considered all testimony and materials submitted, including the record of the Planning
Commission proceedings and the packet of material contained in the Council Agenda Report for
their meeting on September 20, 2016, along with any and all subsequent reports and materials
prepared concerning this application.
WHEREAS, Council makes one or more of the following findings, in accordance with
Town Code section 29.20.300:
ATTACHMENT 7
Draft Resolution to
be modified by Town
Council deliberations
and direction.
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
construct a new single-family residence on property zoned R-1:8 is granted and Architecture and
Site application S-16-011 is approved.
2. The Town Council hereby adopts all findings, considerations and conditions of
approval set forth in the documents attached as Exhibits A and B and the development plans
received May 27, 2016.
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 20th day of September, 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:\SHARE\COUNCIL REPORTS\2016\09-20-16\14 16362 Hilow Road\Attachment 7 - Draft Resolution to grant appeal and approve
project.docx
TOWN COUNCIL – September 20, 2016
REQUIRED FINDINGS & CONSIDERATIONS FOR:
16362 Hilow Road
Architecture and Site Application S-16-011
Requesting approval to construct a new single-family residence on property zoned R-1:8.
APN 532-04-082.
PROPERTY OWNER/APPLICANT: Valy Jalalian
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 Compliance with the Residential Design Guidelines:
■ The project complies 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
N:\DEV\FINDINGS\2016\HILOW 16362TC.DOCX
TOWN COUNCIL – September 20, 2016
CONDITIONS OF APPROVAL
16362 Hilow Road
Architecture and Site Application S-16-011
Requesting approval to construct a new single-family residence on property zoned R-1:8. APN
532-04-082.
PROPERTY OWNER/APPLICANT: Valy Jalalian
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 Deborah Ellis, identified in the Arborist’s report dated as received
on March 7, 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 Deborah Ellis dated as
received March 7, 2016, on file in the Community Development Department. Include a tree
protection plan with the construction plans.
EXHIBIT B
8. STORY POLES: The story poles on the project site shall be removed within 30 days of
approval of the Architecture & Site application.
9. 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.
10. FENCING: An eight foot fence shall be installed pursuant to Town Code requirements prior
to beginning construction on side and rear property lines where the adjacent neighbor
consents to such installation.
11. TREE SCREENING: Two 48-inch box trees shall be planted in the front of the proposed
home prior to issuance of a Certificate of Occupancy.
12. COMPLIANCE MEMORANDUM: A memorandum shall be prepared and submitted with
the building plans detailing how the Conditions of Approval will be addressed.
Building Division
13. PERMITS REQUIRED: A Demolition Permit shall be required for the demolition of the
existing single-family residence and a Building Permit for the construction of the new single -
family residence. Separate permits are required for electrical, mechanical, and plumbing
work as necessary.
14. 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.
15. SIZE OF PLANS: Four sets of construction plans, minimum size 24” x 36”, maximum size
30” x 42”.
16. DEMOLITION REQUIREMENTS: Obtain a Building Department Demolition Application
and a Bay Area Air Quality Management Application from the Building Department 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 form
to the Building Department Service Counter with the Air District’s J# Certificate, PG&E
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.
17. 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.
18. SHORING: Shoring plans and calculations will be required for all excavations which exceed
four (4) feet in depth or which remove lateral support from any existing building, adjacent
property, or the public right-of-way. Shoring plans and calculations shall be prepared by a
California licensed Engineer and shall conform to Cal/OSHA regulations.
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 elevations
c. Foundation corner locations
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 possible future grab bars.
b. All passage doors shall be at least 32-inches wide on the accessible floor.
c. Primary entrance shall have a 36-inch wide door including a 5’x 5’ level landing, no
more than 1 inch out of plane with the immediate interior floor level and 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: 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
chimneys.
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
Fire Area and must comply with Section R327 of the 2013 California Residential Code.
26. PROVIDE DEFENSIBLE SPACE/FIRE BREAK LANDSCAPING PLAN: Prepared by a
California licensed 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 landsca pe
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 ARC 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: Joel Paulson (408) 354-6879
b. Engineering/Parks & Public Works Department: Ryan Fong (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.
f. Bay Area Air Quality Management District: (415) 771-6000
31. ADVISORY COMMENT: Code compliant light, ventilation, and egress is required from the
Cellar.
TO THE SATISFACTION OF THE DIRECTOR OF PARKS AND PUBLIC WORKS:
Engineering Division
32. 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.
33. 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
34. 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.
35. PUBLIC WORKS INSPECTIONS: The Developer or his/her 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, curb, gutter, sidewalk,
driveway, and pavement 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. 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.
38. 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.
39. INSPECTION FEES: Inspection fees shall be deposited with the Town prior to issuance of
any permits.
40. DRIVEWAY APPROACH: The Developer shall install a new Town standard residential
driveway approach. 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.
41. 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 uti lity 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.
42. 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 us ed or
reused. A sanitary sewer clean-out is required for each property at the property line or
location specify by the Town.
43. SIDEWALK IN-LIEU FEE: A sidewalk in-lieu fee is required prior to issuance of a
building permit. The estimated fee per the current Town Fee Schedule is $5,408.00. This fee
is based on 338 square feet of 4.5-foot wide sidewalk at $16/SF. The fee is subject to change
every fiscal year.
44. SIGHT TRIANGLE AND TRAFFIC VIEW AREA: Any proposed improvements, including
but not limiting to trees and hedges, will need to abide by Town Code Sections 23.10.080,
26.10.065, and 29.40.030.
45. 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.
46. 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 Department 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.
47. 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.
48. CONSTRUCTION MANAGEMENT PLAN: The Applicant shall submit a construction
management plan that shall incorporate at a minimum the employee parking, materials
storage area, concrete washout, and proposed outhouse locations.
49. SITE DESIGN MEASURES: All projects shall incorporate one or more of 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.
50. 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 b e 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 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.
51. 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.
52. 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 a minimum of ten (10) feet from the adjacent property line and/or right of
way.
53. 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 washed into the
Town’s storm drains.
54. 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. 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.
TO THE SATISFACTION OF THE SANTA CLARA COUNTY FIRE DEPARTMENT:
55. Review of this Developmental proposal is limited to acceptability of site access and water
supply as they pertain to fire department operations, and shall not be construed as a substitute
for formal plan review to determine compliance with adopted model codes. P rior to
performing any work the applicant shall make application to, and receive from, the Building
Department all applicable construction permits.
56. Fire Sprinklers Required: 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. 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
57. 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
58. 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
59. Address identification. 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. Where required by the fire code official, address numbers shall be
provided in additional approved locations to facilitate emergency response. 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. Address numbers shall be
maintained. CFC Sec. 505.1
60. Plans not approved. To prevent plan review and inspection delays, the above noted
Developmental Review Conditions shall be addressed as "notes" on all pending and future
plan submittals and any referenced diagrams to be reproduced onto the future plan submittal.'
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