2017-053 - Grant appeal and approve the application for 341 Bella Vista AveRESOLUTION 2017 -053
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: 529 -23 -015 AND -016
ARCHITECTURE AND SITE APPLICATION: S -12 -103
SUBDIVISION APPLICATION: M -12 -008
NEGATIVE DECLARATION: ND -16 -001
PROPERTY LOCATION: 341 BELLA VISTA AVENUE
PROPERTY OWNER /APPELLANT: JAKE PETERS AND DAN ROSS
WHEREAS, on April 13, 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 continued the applications to their May 25, 2016 Planning Commission
meeting with direction; and
WHEREAS, on May 25, 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 continued the applications to their June 22, 2016 Planning Commission
meeting with direction; and
WHEREAS, on June 22, 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 applications at the June 22, 2016 Planning Commission Public
Hearing; and
WHEREAS, the appellant filed an appeal of the decision of the Planning Commission on
July 1, 2016 based on their belief that the Planning Commission erred or abused its discretion
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because the Planning Commission did not apply the Town's cellar policy consistently and the
Planning Commission proceedings were irregular, arising from Commissioner comments at the
beginning of the hearing, which may have resulted in a failure to provide the appellant
substantive due process; and
WHEREAS, this matter came before the Town Council for public hearing on December 6,
2016, was regularly noticed in conformance with State and Town law, and the Town Council
continued the applications with direction; and
WHEREAS, this matter came before the Town Council for public hearing on June 6,
2017, where the Town Council continued the item to the August 15, 2017 Council meeting at
the request of the applicant; and
WHEREAS, this matter came before the Town Council for public hearing on August 15,
2017, where the Town Council continued the item to the September 5, 2017 Council meeting at
the request of the applicant; and
WHEREAS, this matter came before the Town Council for public hearing on September 5,
2017: and
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 material contained in the Council Agenda Report for
their meeting on September 5, 2017, along with any and all subsequent reports and materials
prepared concerning these applications; and
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WHEREAS, Council makes the following finding, in accordance with Town Code section
29.20.300:
(b) (2) New information was submitted to the Council during the appeal process
that was not readily and reasonably available for submission to the Commission.
NOW, THEREFORE, BE IT RESOLVED:
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 5 -12 -103 and Subdivision Application M -12 -008 are approved, and
Negative Declaration ND -16 -001 is adopted.
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 November 23, 2016 which are consistent with Site Plan Option "A" of Attachment 20
received on May 23, 2017.
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.
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Resolution 2017 -053 September 5, 2017
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los
Gatos, California, held on the 5`h day of September, 2017, by the following vote:
COUNCIL MEMBERS
AYES:
Steve Leonardis, Rob Rennie, Mayor Marico Sayoc
NAYS:
Marcia Jensen, Barbara Spector
ABSENT:
None
ABSTAIN:
None
SIGNED:
MAYOR OF Tao OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE:
ATTEST:
CLERK ADIVIMISTRATOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE:
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Resolution 2017 -053 September 5, 2017
REQUIRED FINDINGS & CONSIDERATIONS FOR: September S, 2017
341 Bella Vista Avenue
Architecture and Site Application 5 -12 -103
Subdivision Application M -12 -008
Negative Declaration ND -16 -001
Requesting approval to construct a single - family residence on property zoned R -1:8.
APNs 529 -23 -015 and 529 -23 -016.
PROPERTY OWNER: Jake Peters and Dan Ross
APPLICANT: Dan Ross
FINDINGS
Required finding for CEQA:
■ No significant impacts have been identified as a result of the project and the Mitigated
Negative Declaration and Mitigation Monitoring and Reporting Program are adopted.
Compliance with Hillside Development Standards & Guidelines:
■ The project complies with the Hillside Development Standards and Guidelines.
Required findings to deny a'Subdivision application:
■ As required by Section 66474 of the State Subdivision Map Act the map shall be denied if
any of the following findings are made: The following affirmative findings were made to
approve the application.
a. That the proposed map is consistent with all elements of the General Plan.
b. That the design and improvement of the proposed subdivision is consistent with all
elements of the General Plan.
c. That the site is physically suitable for the proposed development.
d. That the site is physically suitable for the proposed density of development.
e. That the designs of the subdivision or the proposed improvements will not cause
substantial environmental damage or substantially and avoidably injure fish or wildlife
or their habitat.
f. That the design of the subdivision or type of improvements will not cause serious public
health problems.
g. That the design of the subdivision or the type of improvements will not conflict with
easements, acquired by the public at large, for access through or use of, property within
the proposed subdivision.
EXHIBIT A
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Resolution 2017 -053 September 5, 2017
CONSIDERATIONS
Section 29.20.150 - 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.
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CONDITIONS OF APPROVAL — September 5, 2017
341 Bella Vista Avenue
Subdivision Application M -12 -008
Architecture and Site Application 5 -12 -103
Negative Declaration ND -16 -001
Requesting approval to merge two lots and to construct a new single family
residence and remove large protected trees on property zoned R -1:8. No significant
environmental impacts have been identified and a Mitigated Negative Declaration is
recommended. APN 529 -23 -015, and 016.
PROPERTY OWNER: Jake Peters and Dan Ross
APPLICANT: Dan Ross
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 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 paint colors to be maintained in conformance with the Town's Hillside
Development Standards & Guidelines.
6. 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.
7. ARBORIST REQUIREMENTS: The developer shall implement, at their cost, all
recommendations made by the Town's Consulting Arborist identified in the Arborist's
reports, dated October 28, 2013 and September 24, 2014, on file in the Community
Development Department. A Compliance Memorandum shall be prepared 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.
EXHIBIT B
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8. TREE STAKING: All newly planted trees shall be double- staked using rubber tree ties.
9. TREE FENCING: Protective tree fencing 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. Fencing shall be six foot high cyclone attached to two -inch diameter
steel posts driven 18 inches into the ground and spaced no further than 10 feet apart.
Refer to the report prepared by the Town's Consulting Arborist identified in the
Arborist's report, dated October 28, 2013 and September 24, 2014, for details. Include
a tree protection fencing plan with the construction plans.
10. AIR QUALITY MITIGATION MEASURE - 1: To limit the project's construction - related dust
and criteria pollutant emissions, the following BAAQMD- recommended Basic
Construction Mitigation Measures shall be included in the project's grading plan,
building plans, and contract specifications:
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. Recycled water should
be used wherever feasible.
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.
f. Idling times shall be minimized either by shutting equipment off when not in use or
reducing the maximum idling time to five minutes (as required by the California
airborne toxics control measure Title 13, Section 2485 of California Code of
Regulations [CCR]). 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. Post a publicly visible sign with the telephone number and person to contact at the
Town regarding dust complaints. This person shall respond and take corrective
action within 48 hours. The BAAQMD's phone number shall also be visible to ensure
compliance with applicable regulations.
11. BIOLOGICAL MITIGATION MEASURE - 1: Special- status and Migratory Bird Species. In
order to avoid impacts to special- status and migratory bird species during project
implementation, the measures outlined below shall be implemented. With the
incorporation of the following measures, significant impacts on these species would be
avoided. Prior to the issuance of any grading permits or improvements plans, the
applicant shall submit to the satisfaction of the Director of Community Development,
evidence that the following measures have been completed or have been incorporated
into the construction documents.
a. The removal of trees and shrubs shall be minimized to the extent feasible.
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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.
c. 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.
d. 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. 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.
e. 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.
12. BIOLOGICAL MITIGATION MEASURE - 2: Special- status and Migratory Bird Species. In
order to avoid impacts to special- status bat species during project implementation, the
measures outlined below shall be implemented. With the incorporation of the following
measures, significant impacts on these species would be avoided. Prior to the issuance
of any grading permits or improvements plans, the applicant shall submit to the
satisfaction of the Director of Community Development, evidence that the following
measures have been completed or have been incorporated into the construction
documents.
a. Prior to the removal or significant pruning of trees and the demolition of buildings, a
qualified bat biologist shall assess them for the potential to support roosting bats.
Suitable bat roosting sites include trees with snags, rotten stumps, and decadent
trees with broken limbs, exfoliating bark, cavities, and structures with cracks, joint
seams and other openings to interior spaces. If there is no evidence of occupation by
bats, work may proceed without further action.
b. If suitable roosting habitat is present, the bat biologist shall recommend appropriate
measures to prevent take of bats. Such measures may include exclusion and humane
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Resolution 2017 -053 September 5, 2017
eviction (see "c" below) of bats roosting within structures during seasonal periods of
peak activity (e.g., February 15 - April 15, and August 15 - October 30), partial
dismantling of structures to induce abandonment, or other appropriate measures.
c. If bat roosts are identified on the site, the following measures shall be implemented:
• If non - breeding /migratory bats are identified on the site within a tree or building
that is proposed for removal, then bats shall be passively excluded from the tree
or building. This is generally accomplished by opening up the roost area to allow
airflow through the cavity /crevice, or installing one -way doors. The bat biologist
shall confirm that the bats have been excluded from the tree or building before
it can be removed.
• If a maternity roost of a special- status bat species is detected, an appropriate
non - disturbance buffer zone shall be established around the roost tree or
building site, in consultation with the CDFW. Maternity roost sites may be
demolished only when it has been determined by a qualified bat biologist that
the nursery site is not occupied. Demolition of maternity roost sites may only be
performed during seasonal periods of peak activity (e.g., February 15 - April 15,
and August 15 - October 30).
• No additional mitigation for the loss of roosting bat habitat is required.
13. 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 first approved by the Planning Division. The outdoor lighting
plan can be reviewed during building plan check. Any changes to the lighting plan shall
be approved by the Planning Division prior to installation.
14. 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.
Building Division
15. PERMITS REQUIRED: A building permit shall be required the construction of the new
single family residence. Separate permits are required for electrical, mechanical, and
plumbing work as necessary.
16. 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.
17. SIZE OF PLANS: Four sets of construction plans, maximum size 24" x 36 ".
18. SOILS REPORT: A soils report, prepared to the satisfaction of the Building Official,
containing foundation and retaining wall design recommendations, shall be submitted
with the building permit application. This report shall be prepared by a licensed civil
engineer specializing in soils mechanics. California Building Code Chapter 18.
19. SHORING: Shoring plans and calculations will be required for all excavations which
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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 the Cal /OSHA
regulations.
20. 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
c. Foundation corner locations
d. Retaining Walls
21. RESIDENTIAL TOWN ACCESSIBILITY STANDARDS: The residence shall be designed with
adaptability features for single family residences per Town Resolution 1994 -61:
a. Wooded 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 a 36 -inch wide door including a 5'x5' level landing, no more
than 1 -inch out of plane with the immediate interior floor level with an 18 -inch
clearance at interior strike edge.
d. Door buzzer, bell or chime shall be hard wired at primary entrance.
22. TITLE 24 ENERGY COMPLIANCE: All required California Title 24 Energy Compliance forms
must be blue -lined on the plans.
23. 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.
24. 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.
25. HAZARDOUS FIRE ZONE: The project requires a Class A assembly.
26. WILDLAND -URBAN INTERFACE: This project is located in a Wildlife Urban Interface Fire
Area and must comply with Chapter 7A of the 2007 California Building Code.
27. 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.
28. PRIOR TO FINAL INSPECTION: Provide a letter from a California licensed Landscape
Architect certifying the landscaping and vegetation clearance requirements have been
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completed per the California Public Resources Code 4291 and Government Code Section
51182.
29. SPECIAL INSPECTIONS: When a special inspection is required by CBC Section 1701, 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.
30. BLUE PRINT FOR A CLEAN BAY SHEET: The Town standard Santa Clara County Valley
Nonpoint Source Pollution Control Program Sheet (24x36) shall be part of the plan
submittal as the second page. The specification sheet is available at the Building Division
Service Counter for a fee of $2 or at San Jose Blue Print for a fee or online at
www.losgatosca.gov /building.
31. PLANS: The construction plans shall be prepared under the direct supervision of the
licensed architect or engineer. (Business and Professionals Code Section 5538)
32. APPROVALS REQUIRED: The project requires the following departments and 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
e. Local School District: The Town will forward the paperwork to the appropriate
school district(s) for processing. A copy of the paid receipt is required prior to
permit issuance.
TO THE SATFISFATION OF THE DIRECTOR OF PARKS &PUBLIC WORKS:
Engineering Division
35. 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.
36. 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.
37. 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
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Resolution 2017 -053 September 5, 2017
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.
38. PRIVATE IMPROVEMENTS IN THE PUBLIC RIGHT -OF -WAY (INDEMNITY AGREEMENT):
The property owner shall enter into an agreement with the Town for all existing and
proposed private improvements within the Town's right -of -way. The Owner shall be
solely responsible for maintaining the improvements in a good and safe condition at all
times and shall indemnify the Town of Los Gatos. The agreement must be completed
and accepted by the Town Attorney, and a copy of the recorded agreement shall be
submitted to the Engineering Division of the Parks and Public Works Department, prior
to the issuance of any permits.
39. 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.
40. 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.
41. SITE SUPERVISION: The General Contractor shall provide qualified supervision on the job
site at all times during construction.
42. STREET CLOSURE: Any proposed blockage or partial closure of the street requires an
encroachment permit. Special provisions such as limitations on works hours, protective
enclosures, or other means to facilitate public access in a safe manner may be required.
43. 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.
44. INSPECTION FEES: Inspection fees shall be deposited with the Town prior to the issuance
of any Permit.
45. 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.
46. GRADING PERMIT: A grading permit is required for all site grading and drainage work
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except for exemptions listed in Section 12.20.015 of The Code of the Town of Los Gatos
(Grading Ordinance). The grading permit application (with grading plans) shall be made
to the Engineering Division of the Parks and Public Works Department located at 41
Miles Avenue. The grading plans shall include final grading, drainage, retaining wall
location, driveway, utilities and interim erosion control. Grading plans shall list
earthwork quantities and a table of existing and proposed impervious areas. Unless
specifically allowed by the Director of Parks and Public Works, the grading permit will be
issued concurrently with the building permit. The grading permit is for work outside the
building footprint(s). A separate building permit, issued by the Building Department on
E. Main Street, is needed for grading within the building footprint.
47. DRIVEWAY. The driveway conform to existing pavement on Bella Vista Avenue shall be
constructed in a manner such that the existing drainage patterns will not be obstructed.
48. DRAINAGE STUDY: Prior to the issuance of any grading permits, the following drainage
studies shall be submitted to and approved by the Town Engineer: a drainage study of
the project including diversions, off -site areas that drain onto and /or through the
project, and justification of any diversions; a drainage study evidencing that the
proposed drainage patterns will not overload the existing storm drain facilities; and
detailed drainage studies indicating how the project grading, in conjunction with the
drainage conveyance systems (including applicable swales, channels, street flows, catch
basins, storm drains, and flood water retarding) will allow building pads to be safe from
inundation from rainfall runoff which may be expected from all storms up to and
including the theoretical 100 -year flood.
49. DRAINAGE IMPROVEMENT: Prior to the issuance of any grading /improvement permits,
whichever comes first, the Applicant shall: a) design provisions for surface drainage; and
b) design all necessary storm drain facilities extending to a satisfactory point of disposal
for the proper control and disposal of storm runoff; and c) provide a recorded copy of
any required easements to the Town.
50. TREE REMOVAL: Copies of all necessary tree removal permits shall be provided prior to
the issuance of a grading permit /building permit.
51. 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.
52. PAD CERTIFICATION: A letter from a licensed land surveyor shall be provided stating that
the building foundation was constructed in accordance with the approved plans shall be
provided subsequent to foundation construction and prior to construction on the
structure. The pad certification shall address both vertical and horizontal foundation
placement.
53. PRECONSTRUCTION MEETING: Prior to issuance of any permit or the commencement of
any site work, the general contractor shall:
a. Along with the project applicant, attend a pre- construction meeting with the Town
Engineer to discuss the project conditions of approval, working hours, site
maintenance and other construction matters;
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b. Acknowledge in writing that they have read and understand the project conditions
of approval and will make certain that all project sub - contractors have read and
understand them as well prior to commencing any work, and that a copy of the
project conditions of approval will be posted on -site at all times during construction.
54. RETAINING WALLS: A building permit, issued by the Building Department at 110 E. Main
Street, may be required for site retaining walls. Walls are not reviewed or approved by
the Engineering Division of Parks and Public Works during the grading permit plan
review process.
55. CERTIFICATE OF LOT MERGER: A Certificate of Lot Merger shall be recorded. Two (2)
copies of the legal description for exterior boundary of the merged parcel and a plat
map (8 -' /: in. X 11 in.) shall be submitted to the Engineering Division of the Parks and
Public Works Department for review and approval. The submittal shall include closure
calculations, title reports less than ninety (90) days old and the appropriate fee. The
certificate shall be recorded before any permits may be issued.
56. SOILS REPORT: One copy of the soils and geologic report shall be submitted with the
application. The soils report shall include specific criteria and standards governing site
grading, drainage, pavement design, retaining wall design, and erosion control. The
reports shall be signed and "wet stamped" by the engineer or geologist, in conformance
with Section 6735 of the California Business and Professions Code.
57. GEOLOGY AND SOILS MITIGATION MEASURE: 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 surface fault rupture on the site. The
geotechnical study shall provide recommendations for site grading as well as the design
of foundations, retaining walls, 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.
58. SOILS REVIEW: Prior to issuance of any permits, 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, retaining walls, site grading, and site
drainage are in accordance with their recommendations and the peer review comments.
Approval of the Applicant's soils engineer shall then be conveyed to the Town either by
letter or by signing the plans.
59. 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.
60. SOIL RECOMMENDATIONS: The project shall incorporate the geotechnical /geological
recommendations contained in the Updated Geologic and Geotechnical Study by Upp
Geotechnology, dated June 25, 2015, and any subsequently required report or
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addendum. Subsequent reports or addendum are subject to peer review by the Town's
consultant and costs shall be borne by the Applicant.
61. WATER DESIGN: Water plans prepared by San Jose Water Company must be reviewed
and approved prior to issuance of any permit.
62. FRONTAGE IMPROVEMENTS: Applicant shall be required to improve the project's public
frontage to current Town Standards. These improvements may include but not limited
to curb, gutter, sidewalk, driveway approaches, curb ramps, traffic signal, street lighting
(upgrade and /or repaint), etc. The improvements must be completed and accepted by
the Town before a Certificate of Occupancy for any new building can be issued.
63. UTILITIES: The Applicant shall install all new, relocated, or temporarily removed utility
services, including telephone, electric power and all other communications lines
underground, as required by Town Code Section 27.50.015(b). All new utility services
shall be placed underground. Underground conduit shall be provided for cable
television service. The Applicant is required to obtain approval of all proposed utility
alignments from any and All utility service providers before a Certificate of Occupancy
for any new building can be issued. The Town of Los Gatos does not approve or imply
approval for final alignment or design of these facilities.
64. UTILITY SETBACKS: House foundations shall be set back from utility lines a sufficient
distance to allow excavation of the utility without undermining the house foundation.
The Town Engineer shall determine the appropriate setback based on the depth of the
utility, input from the project soils engineer, and the type of foundation.
65. TRENCHING MORATORIUM: Trenching within a newly paved street will be allowed
subject to the following requirements:
a. The Town standard "T" trench detail shall be used.
b. A Town- approved colored controlled density backfill shall be used.
C. All necessary utility trenches and related pavement cuts shall be consolidated to
minimize the impacted area of the roadway.
d. The total asphalt thickness shall be a minimum of three (3) inches, meet Town
standards, or shall match the existing thickness, whichever is greater. The final lift
shall be 1.5- inches of one -half (' /:) inch medium asphalt. The initial lift(s) shall be
of three - quarter (%) inch medium asphalt.
e. The Contractor shall schedule a pre - paving meeting with the Town Engineering
Construction Inspector the day the paving is to take place.
f. A slurry seal topping may be required by the construction inspector depending
their assessment of the quality of the trench paving. if required, the slurry seal
shall extend the full width of the street and shall extend five (5) feet beyond the
longitudinal limits of trenching. Slurry seal materials shall be approved by the
Town Engineering Construction Inspector prior to placement. Black sand may be
required in the slurry mix. All existing striping and pavement markings shall be
replaced upon completion of slurry seal operations. All pavement restorations
shall be completed and approved by the Inspector before occupancy.
66. SIDEWALK /CURB IN -LIEU FEE: A curb and sidewalk in -lieu fee of $22,984.00 shall be paid
prior to issuance of a building permit. This fee is based on 169 LF of curb at $64 /LF and
761 - square feet of 4.5 -foot wide sidewalk at $16 /SF in accordance with Town policy and
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the Town's Fee Schedule.
67. DRIVEWAY APPROACH: The Applicant shall install one (1) Town standard residential
driveway approach. The new driveway approach shall be constructed per Town
Standard Plans and must be completed and accepted by the Town before a Certificate of
Occupancy for any new building can be issued. 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.
68. MITIGATION MEASURE TRANSPORTATION AND TRAFFIC -1: Horizontal stopping sight
distance. Prior to the issuance of a building permit, the applicant shall Demonstrate to
the satisfaction of the Town Engineer that adequate horizontal stopping sight distance
exists for the project driveway in each direction on Bella Vista Avenue. The applicant
shall prepare an exhibit that has been stamped by a registered engineer or a
professional land surveyor stating that adequate sight distance is provided. The
horizontal stopping sight distance requirements shall be consistent with the Caltrans
Highway Design Manual as specified in the Town's Street Design Standards.
69. FENCING: Any fencing proposed within two hundred (200) feet of an intersection shall
comply with Town Code Section §23.10.080.
70. 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.
71. FENCES: Fences between all adjacent parcels will need to be located on the property
lines /boundary lines. Any existing fences that encroach into the neighbor's property will
need to be removed and replaced to the correct location of the boundary lines before a
Certificate of Occupancy for any new building can be issued. Waiver of this condition
will require signed and notarized letters from all affected neighbors.
72. 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.
73. 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 Applicant shall work with the Town
Building Department and Engineering Division Inspectors to devise a traffic control plan
to ensure safe and efficient traffic flow under periods when soil is hauled on or off of
the project site. This may include, but is not limited to provisions for the
Applicant /Owner to place construction notification signs noting the dates and time of
construction and hauling activities, or providing additional traffic control. Coordination
with other significant projects in the area may also be required. Cover all trucks hauling
soil, sand and other loose debris.
74. 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,
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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.
75. 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.
76. 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 Earth Movement Plan, Traffic Control Plan, Project Schedule, employee
parking, construction staging area, materials storage area(s), construction trailer(s),
concrete washout(s) and proposed outhouse location(s).
77. 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.
78. 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.
79. BEST MANAGEMENT PRACTICES (BMPs): The Applicant is responsible for ensuring that
all contractors are aware of all storm water quality measures and that such measures
are implemented. Best Management Practices (BMPs) shall be maintained and be
placed for all areas that have been graded or disturbed and for all material, equipment
and /or operations that need protection. Removal of BMPs (temporary removal during
construction activities) shall be replaced at the end of each working day. Failure to
comply with the construction BMP will result in the issuance of correction notices,
citations, or stop work orders.
80. MITIGATION MEASURE HYDROLOGY AND WATER QUALITY -1: Construction Erosion
Control Measures. Prior to the issuance of grading permits or improvement plans in lieu
of grading permits, the applicant shall demonstrate to the satisfaction of the Town
Engineer that the project's stormwater quality control measures, including the erosion
control features described in the project's final Erosion Control Plan have been
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incorporated into the project design.
81. SITE DESIGN MEASURES: All projects shall incorporate the following measures:
a. Protect sensitive areas and minimize changes to the natural topography.
b. Minimize impervious surface areas.
C. Direct roof downspouts to vegetated areas.
d. Use permeable pavement surfaces on the driveway, at a minimum.
e. Use landscaping to treat stormwater.
82. 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 (3) times daily, or apply (non- toxic) soil stabilizers on all unpaved access roads,
parking areas, and staging areas at construction sites in order to insure proper control of
blowing dust for the duration of the project. Watering on public streets shall not occur.
Streets shall be cleaned by street sweepers or by hand as often as deemed necessary by
the Town Engineer, or at least once a day. Watering associated with on -site
construction activity shall take place between the hours of 8 a.m. and 5 p.m. and shall
include at least one (1) 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
twenty -five (25) miles per hour (MPH). All trucks hauling soil, sand, or other loose
debris shall be covered.
83. 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.
84. 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. No improvements shall obstruct or divert runoff to the
detriment of an adjacent, downstream or down slope property.
85. 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.
86. GOOD HOUSEKEEPING: Good housekeeping practices shall be observed at all times
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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.
87. NEIGHBORHOOD CONSTRUCTION COMMUNICATION PLAN: The Applicant shall initiate a
weekly neighborhood email notification program to provide project status updates. The
email notices shall also be posted on a bulletin board placed in a prominent location
along the project perimeter.
88. COVERED TRUCKS: All trucks transporting materials to and from the site shall be
covered.
TO THE SATISFACTION OF THE SANTA CLARA COUNTY FIRE DEPARTMENT:
89. AUTOMATIC FIRE SPRINKLER SYSTEM REQUIRED: An approved automatic fire sprinkler
system is required for the new residence and barn, hydraulically designed per National
Fire Protection Association (NFPA) Standard #13D. 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.
90. PREMISE IDENTIFICATION: Approved addresses shall be placed on all new buildings so
they are clearly visible and legible from the road. Numbers shall be a minimum of four
inches high and shall contrast with their background.
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