2016-070 - Deny appeal of Planning Commission decision for 19 Highland AveRESOLUTION 2016 -070
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
DENYING AN APPEAL OF THE DECISION OF THE PLANNING COMMISSION APPROVING
A REQUEST TO CONSTRUCT A NEW SINGLE- FAMILY RESIDENCE
ON PROPERTY ZONED HR -21/2
APN: 529 -37 -033
ARCHITECTURE AND SITE APPLICATION: 5 -15 -077
PROPERTY LOCATION: 19 HIGHLAND AVENUE
PROPERTY OWNER: ED PEARSON
APPELLANTS: BADAME, ROBERTS, AND SMULLEN FAMILIES
WHEREAS, on June 8, 2016, July 27, 2016, August 24, 2016, September 14, 2016,
September 28, 2016, and October 26, 2016, the Planning Commission held public hearings and
considered an appeal of a Development Review Committee (DRC) decision approving a request
to construct a new single - family residence on property zoned HR -2'/:.
WHEREAS, on October 26, 2016, the Planning Commission denied the appeal of a DRC
decision approving a request to construct a new single - family residence and approved
Architecture and Site Application 5 -15 -077.
WHEREAS, on November 7, 2016, the appellants filed an appeal of the decision of the
Planning Commission approving a request to construct a new single - family residence.
WHEREAS, this matter came before the Town Council for public hearing on December
20, 2016, and was regularly noticed in conformance with State and Town law.
WHEREAS, the Town Council received testimony and documentary evidence from the
appellants 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
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Resolution 2016 -070 December 20, 2016
their meeting on December 20, 2016, along with any and all subsequent reports and materials
prepared concerning this application.
WHEREAS, Council finds as follows:
A. One or more of the following cannot be found, 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 approving a request to
construct a new single - family residence on property zoned HR -2% is denied and Architecture
and Site application 5 -15 -077 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 December 12, 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
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Resolution 2016 -070 December 20, 2016
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 201h day of December, 2016, by the following vote:
COUNCIL MEMBERS:
AYES: Marci a Jensen, Steve Leonardis, Rob Rennie, Barbara Spector, Mayor Marico Sayoc
NAYS: None.
ABSENT: None.
ABSTAIN: None.
SIGNED:
MAYOR OF THE WN LOS GATOS
LOS GATOS, CALIFORNIA
DATE: d" tg —(
ATTEST:
CLERK ADMINISTRAT R OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE: I I Vg
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Resolution 2016 -070 December 20, 2016
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Resolution 2016 -070 December 20, 2016
TOWN COUNCIL: DECEMBER 20, 2016
REQUIRED FINDINGS & CONSIDERATIONS FOR:
19 Highland Avenue
Architecture and Site Application 5 -15 -077
Consider an appeal of a decision of the Planning Commission approving an Architecture and Site
application to construct a new single - family residence and remove large protected trees on
property zoned HR -2 %. APN 529 -37 -033.
PROPERTY OWNER /APPLICANT: Ed Pearson
CEQA:
FINDINGS:
An Initial Study and Mitigated Negative Declaration (MND) were completed and
adopted in 2010 for a similar single - family development application. The proposed
application is in compliance with the CEQA review completed in 2010 and will be
subjected to the Mitigation Monitoring and Reporting Program adopted in 2010. An
Addendum to the adopted MND has been considered, including an explanation of why a
subsequent MND is not required and why the MND is relevant. No additional CEQA
findings are required.
Compliance with Hillside Development Standards & Guidelines:
Exceptions to the LRDA are required to locate the residence away from the creek. This
exception was supported by the Planning Commission in 2010. The project is otherwise
in compliance with applicable Hillside Development Standards & Guidelines.
Compliance with Hillside Specific Plan
The project is in compliance with the Hillside Specific Plan in that it is a single - family
residence being developed on an existing parcel. The proposed development is
consistent with the development criteria included in the specific plan.
CONSIDERATIONS:
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. The house is
an appropriate size for the property, the proposed project is compatible with
development on surrounding residential properties, and exterior colors and materials
will help blend the new building into the site. There is limited visibility into the site from
surrounding homes and existing and proposed vegetation will aid in screening the new
residence, and outdoor spaces.
EXHIBITA
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Resolution 2016 -070 December 20, 2016
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TOWN COUNCIL
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Resolution 2016 -070 December 20, 2016
CONDITIONS OF APPROVAL— December 20, 2016
19 Highland Avenue
Architecture and Site Application S -15 -077
Consider an appeal of a decision of the Planning Commission approving an Architecture and
Site application to construct a new single- family residence and remove large protected trees
on property zoned HR -2'/:. APN 529 -37 -033.
PROPERTY OWNER /APPLICANT: Ed Pearson
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 or the Planning Commission /Town Council, depending on the scope of the
changes.
2. EXPIRATION OF APPROVAL: The Architecture and Site application will expire two years
from the date of approval (August 24, 2018) unless the approval is used before
expiration. Section 29.20.335 defines what constitutes the use of an approval granted
under the Zoning Ordinance.
3. STORY POLES: The story poles on the project site shall be removed within 30 days of
approval of the Architecture & Site application.
4. EXTERIOR COLORS: The exterior colors of all structures shall comply with the Hillside
Development Standards & Guidelines.
5. DEED RESTRICTION: Prior to the issuance of a building permit, a deed restriction shall
be recorded by the applicant with the Santa Clara County Recorder's Office that requires
all exterior materials be maintained in conformance with the Town's Hillside
Development Standards & Guidelines.
6. ARBORIST REQUIREMENTS: The developer shall implement, at their cost, all
recommendations identified in the Town Arborist's letter, dated December 20, 2016,
and in the Arborist reports, dated February 15, 2010, and May 10, 2016, on file in the
community Development Department, except as otherwise noted. These
recommendations must be incorporated in the building permit plans, and completed
prior to issuance of a building permit where applicable.
a. The removal of trees and shrubs shall be minimized to the extent feasible. A pre -
construction tree survey shall be conducted prior to any grading or construction
work to determine if any trees planned to be substantially trimmed or removed are
identified as protected trees.
b. If tree removal, pruning, grubbing and demolition activities are necessary, such
activities shall be conducted outside of the breeding season (i.e., between
September 1 and January 31), to avoid impacts to nesting birds.
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Resolution 2016 -070 December 20, 2016
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i. If tree removal, pruning, grubbing and demolition activities are scheduled
to commence during the bird breeding season (i.e., between February 1
and August 31), a preconstruction survey shall be conducted by a
qualified biologist no more than two weeks prior to the initiation of work.
The preconstruction survey shall include the project footprint and up to a
300 -foot buffer, access and sight -lines permitting. If no active nests of
migratory birds are found, work may proceed without restriction and no
further measures are necessary. If work is delayed more than two weeks,
the preconstruction survey shall be repeated, if determined necessary by
the project biologist.
ii. if active nests (i.e. nests with eggs or young birds present, or hosting an
actively breeding adult pair) of special- status or migratory birds are
detected, the project biologist shall designate non - disturbance buffers at
a distance sufficient to minimize disturbance based on the nest location,
topography, cover, species, and the type /duration of potential
disturbance.
iii. No work shall occur within the non - disturbance buffers until the young
have fledged, as determined by a qualified biologist. The appropriate
buffer size shall be determined in cooperation with the CDFW and /or the
USFWS. If, despite the establishment of a non - disturbance buffer it is
determined that project activities are resulting in nest disturbance, work
shall cease immediately and the CDFW and the USFWS shall be contacted
for further guidance.
iv. If project activities must occur within the non - disturbance buffer, a
qualified biologist shall monitor the nest(s) to document that no take of
the nest (i.e., nest failure) will result. If it is determined that project
activities are resulting in nest disturbance, work shall cease immediately
and the CDFW and the USFWS shall be contacted for further guidance.
CREEK SETBACK: The proposed residence shall maintain a minimum setback of 20 feet
from the creek /drainage course.
GENERAL: All existing trees shown to remain on the plan and newly planted trees are
specific subjects of approval of this plan and must remain on site.
NEW TREES: New trees to be planted shall be double- staked, using rubber tree ties and
shall be planted prior to occupancy. New tree selection to conform to the Hillside
Development Standards and Guidelines, Recommended Native Trees for Hillside Areas
(Appendix A).
TREE NUMBER 30: Tree number 30 shall be protected and retained. Tree protection
measures shall be reviewed by staff to ensure compliance with the arborist report.
IRRIGATION and WATER EFFICIENT LANDSCAPE ORDINANCE: All newly planted material
shall be irrigated by an in- ground system. Special care shall be taken to avoid irrigation
which will endanger existing native trees and vegetation. The final landscape plan shall
meet the Hillside Development Standards and Guidelines and 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
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Resolution 2016 -070 December 20, 2016
by the Town Council is required when working landscape and irrigation plans are
submitted for review.
12. STORY- POLES: The story poles on the project site shall be removed within 30 days of
approval of the Architecture and Site application.
13. BIOLOGICAL RESOURCES - MITIGATION MEASURE 2: With review and approval by the
Town, all recommendations made by Arbor Resources (February 15, 2010) will be
implemented to eliminate or minimize construction - related impacts on the trees to be
retained. Recommendations are listed under Section 5.0, Recommendations, of the
arborist's report. These include recommendations under the Design Guidelines section
addressing tree retention and relocation, soil disturbance, mulching, trenching,
drainages facilities, and installation of new trees. The report also provides
recommendations for Protection Measures before and during development,
encompassing fencing, removal of hardscape, demolition, work within tree canopies,
etc. The report recommendations are included as Attachment 1 of the Initial Study.
14. CULTURAL RESOURCES - MITIGATION MEASURE 3: In the event that archaeological
traces are encountered, all construction within a 50 -meter radius of the find shall be
halted, the Community Development Director shall be notified, and an archaeologist
shall be retained to examine the find and make appropriate recommendations.
15. CULTURAL RESOURCES - MITIGATION MEASURE 4: If human remains are discovered, the
Santa Clara County Coroner shall be notified. The Coroner will determine whether or not
the remains are Native American. If the Coroner determines that the remains are not
subject to his authority, he will notify the Native American Heritage Commission, who
shall attempt to identify descendants of the deceased Native Americans.
16. CULTURAL RESOURCES - MITIGATION MEASURE 5: If the Community Development
Director finds that the archaeological find is not a significant resource, work will resume
only after the submittal of a preliminary archaeological report and after provisions for
reburial and ongoing monitoring are accepted. Provisions for identifying descendants of
a deceased Native American and for reburial will follow the protocol set forth in CEQA
Guidelines Section 15064.5(e). If the site is found to be a significant archaeological site,
a mitigation program shall be prepared and submitted to the Community Development
Director for consideration and approval, in conformance with the protocol set forth in
Public Resources Code Section 21083.2.
17. CULTURAL RESOURCES - MITIGATION MEASURE 6: A final report shall be prepared when
a find is determined to be a significant archaeological site, and /or when Native
American remains are found on the site. The final report shall include background
information on the completed work, a description and list of identified resources, the
disposition and curation of these resources, any testing, other recovered information,
and conclusions.
TO THE SATFISFATION OF THE BUILDING OFFICIAL
Building Division
18. AIR QUALITY - MITIGATION MEASURE 1: To limit the project's construction - related dust,
criteria pollutant, and precursor emissions, the following BAAQM D-recom mended Basic
Construction Mitigation Measures shall be implemented.
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Resolution 2016 -070 December 20, 2016
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a. All exposed surfaces (e.g. parking areas, staging areas, soil piles, graded areas, and
unpaved access roads) shall be watered two times per day.
b. All haul trucks transporting soil, sand, or other loose material off -site shall be
covered.
c. All visible mud or dirt track -out onto adjacent public roads shall be removed using
wet power vacuum street sweepers at least once per day. The use of dry power
sweeping is prohibited.
d. All vehicle speeds on unpaved roads shall be limited to 15 mph.
e. All roadways, driveways, and sidewalks to be paved shall be completed as soon as
possible. Building pads shall be laid as soon as possible after grading unless seeding
or soil binders are used.
f. Idling times shall be minimized either by shutting equipment off when not in use or
reducing the maximum idling time to 5 minutes (as required by the California
airborne toxics control measure Title 13, Section 2485 of California Code of
Regulations). Clear signage shall be provided for construction workers at all access
points.
g. All construction equipment shall be maintained and properly tuned in accordance
with manufacturer's specifications. All equipment shall be checked by a certified
mechanic and determined to be running in proper condition prior to operation.
h. A publicly visible sign with the telephone number and person to contact at the Lead
Agency regarding dust complaints shall be posted at the site. This person shall
respond and take corrective action within 48 hours. The Air District's phone number
shall also be visible to ensure compliance with applicable regulations.
PERMITS REQUIRED: A building permit shall be required for the construction of the new
single family residence. Separate building permits are required for site retaining walls,
water tanks, or swimming pools; separate electrical, mechanical, and plumbing permits
shall be required as necessary.
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.
SIZE OF PLANS: Four sets of construction plans, maximum size 24" x 36."
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.
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, on -site retaining wall
locations and elevations have been prepared according to 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
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Resolution 2016 -070 December 20, 2016
c. Foundation corner locations
d. Retaining Walls
24. RESIDENTIAL TOWN ACCESSIBILITY STANDARDS: The residence shall be designed with
adaptability features for single family residences per Town Resolution 1994 -61:
a. Wooden 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 have a 36 -inch wide door including a 5' x 5' level landing on
both sides of the door, no more than 1/2- inch out of plane with the immediate
interior floor level and with an 18 -inch clearance on the strike side.
d. Door buzzer, bell or chime shall be hard wired at primary entrance.
25. TITLE 24 ENERGY COMPLIANCE: All required California Title 24 Energy Compliance Forms
must be blue -lined on the plans.
26. 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.
27. HAZARDOUS FIRE ZONE: This project requires a Class A roofing assembly.
28. WILDLAND URBAN INTERFACE: This project is located in a Wildland Urban Interface Fire
Area and must comply with Chapter 7A of the California Building Code.
29. 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.
30. PRIOR TO FINAL INSPECTION: Provide a letter from a California licensed 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.
31. 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, signed by all requested
parties and be blue -lined on the construction plans. Special Inspection forms are
available from the Building Division Service Counter or online at www.losgatosca.gov.
32. NONPOINT SOURCE POLLUTION STANDARDS: The Town standard Santa Clara Valley
Nonpoint Source Pollution Control Program shall be part of the plan submittal as the
second or third page. The specification sheet is available at the Building Division Service
Counter for a fee of $2 or at San Jose Blue Print.
33. APPROVALS REQUIRED: The project requires the following agencies approval before
issuing a building permit:
a. Community Development— Planning Division: (408) 354 -6874
b. Engineering /Parks & Public Works Department: (408) 399 -5770
c. Santa Clara County Fire Department: (408) 378 -4010
d. West Valley Sanitation District: (408) 378 -2407
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Resolution 2016 -070 December 20, 2016
e. Local School District: The Town will forward paperwork to the appropriate school
district(s) for processing. A copy of paid receipt is required prior to permit issuance.
f. Bay Area Air Quality Management District: (415) 771 -6000
TO THE SATFISFATION OF THE DIRECTOR OF PARKS & PUBLIC WORKS
Engineering Division
34. 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.
35. 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
36. 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 building permit.
37. 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.
38. 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.
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Resolution 2016 -070 December 20, 2016
39. 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.
40. 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
41. INSPECTION FEES: Inspection fees shall be deposited with the Town prior to issuance of
any permits.
42. PLANS AND STUDIES: All required plans and studies shall be prepared by a Registered
Professional Engineer in the State of California, and submitted to the Town Engineer for
review and approval.
43. GRADING PERMIT: A Grading Permit is required for site grading and drainage work
except for exemptions listed in Section 12.20.015 of the Town Code. 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.
44. TREE REMOVAL: A tree removal permit is required prior to the issuance of a grading or
building permit, whichever comes first.
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. RETAINING WALLS: A building permit, issued by the Building Department at 110 E. Main
Street, may be required for onsite retaining walls. Onsite walls are not reviewed or
approved by the Engineering Division of Parks and Public Works.
47. GEOLOGY AND SOILS MITIGATION MEASURE 1: A geotechnical investigation shall be
conducted for the project to determine the surface and sub - surface conditions at the
site and to determine the potential for liquefaction on the site. The geotechnical study
shall provide recommendations for site grading as well as the design of foundations,
concrete slab -on -grade construction, excavation, drainage, on -site utility trenching and
pavement sections. All recommendations of the investigation shall be incorporated into
project plans.
48. 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
by the Town. The Applicant's soils engineer shall review the final grading and drainage
plans to ensure that designs for foundations, 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
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Resolution 2016 -070 December 20, 2016
signing the plans.
49. 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.
50. SOIL RECOMMENDATIONS: The project shall incorporate the geotechnical /geological
recommendations contained in the Limited Geotechnical Study Lands of Orphan and
Supplemental Recommendations and Geotechnical Report Update Pearson Property by
Upp Geotechnology, dated November 22, 2013 and December 22, 2015, respectively,
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.
51. UTILITIES: The Developer shall install all new, relocated, or temporarily removed utility
services, including telephone, electric power and all other communications lines
underground, as required by Town Code Section 27.50.015(b). All new utility services
shall be placed underground. Underground conduit shall be provided for cable
television service. Applicant is required to obtain approval of all proposed utility
alignments from any and all utility service providers 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.
52. TRAFFIC IMPACT MITIGATION FEE: The Developer shall pay the project's proportional
share of transportation improvements needed to serve cumulative development within
the Town of Los Gatos. The fee amount will be based upon the Town Council resolution
in effect at the time the building permit is issued. The fee shall be paid before issuance
of a building permit. The final traffic impact mitigation fee for this project shall be
calculated from the final plans using the current fee schedule and rate schedule in effect
at the time the building permit is issued, using a comparison between the existing and
proposed uses.
53. 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 location specify by the Town.
54. 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.
55. 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 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.
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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. All trucks transporting materials to and from
the site shall be covered.
56. 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 twenty -four (24) hours in advance of modified construction
hours. Approval of this request is at discretion of the Town.
57. CONSTRUCTION MANAGEMENT PLAN: The Applicant shall submit a construction
management plan that shall incorporate at a minimum employee parking, materials
storage area, concrete washout, and proposed outhouse locations.
58. 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.
59. 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 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.
60. CONSTRUCTION ACTIVITIES: All construction shall conform to the latest requirements of
the CASCA 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.
61. 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
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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.
62. 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.
63. 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.
TO THE SATISFACTION OF THE SANTA CLARA COUNTY FIRE DEPARTMENT:
64. WILDLAND -URBAN INTERFACE. Building construction shall comply with the provisions of
California Building code (CBC) Chapter 7a. Vegetation clearance shall be in compliance
with CBC Section 701A.3.2.4 prior to project final approval.
65. AUTOMATIC FIRE SPRINKLER SYSTEM REQUIRED. An approved automatic fire sprinkler
system shall be provided in all new structures located in the designated Wildland -Urban
Interface area. A State of California licensed fire protection contractor shall submit
plans, calculations a completed permit application and appropriate fees to the Fire
Department for review and approval, prior to beginning work.
66. WATER SUPPLY FOR FIRE PROTECTIONS. Potable water supplies shall be protected from
contamination caused by fire protection water supplies. The applicant, or any
contractors and subcontractors shall contact the water purveyor supplying the site and
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 the Fire Department until compliance with the
requirements of the water purveyor of record are documented by that purveyor as
having been met by the applicant(s).
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67. FIRE DEPARTMENT (ENGINE) DRIVEWAY TURN - AROUND REQUIRED. Provide an
approved fire department engine driveway turnaround with a minimum radius of 36
feet outside and 23 feet inside. Installations shall conform to Fire Department Standard
Details and Specifications D -1.
68. PREMISE IDENTIFICATION. Approved addresses shall be placed on all new buildings so
they are clearly visible and legible from the street. Numbers shall be a minimum of four
inches high and shall contrast with their background.
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