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Attachment 15, APage 1 of 45 ORDINANCE ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE TOWN CODE EFFECTING A ZONE CHANGE FROM RC TO HR-1:PD FOR PROPERTY LOCATED ON TWIN OAKS DRIVE (APN: 532-16-006) THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN AS FOLLOWS: SECTION I The Town Code of the Town of Los Gatos is hereby amended to change the zoning on property on Twin Oaks Drive (Santa Clara County Assessor Parcel Number 532-16-006) as shown on the map attached hereto as Exhibit A, and is part of this Ordinance, from RC (Resource Conservation) to HR-1:PD (Hillside Residential one to five acres for each dwelling unit, Planned Development). SECTION II With respect to compliance with the California Environmental Quality Act (“CEQA”), the Town Council finds as follows: A. An Environmental Impact Report (EIR) was completed for the proposed development and no significant unmitigated impacts are associated with the application. The Findings of Fact are made and the Final Environmental Impact Report (EIR) and Mitigation Monitoring and Reporting Program are adopted. SECTION III The PD (Planned Development Overlay) zone established by this Ordinance authorizes the following construction and use of improvements: 1. Construction of eight (8) market rate single-family detached residences. 2. Landscaping, private streets, trails, parking and other improvements shown in the Two- Access Alternative Subdivision (not the Original Proposed Subdivision) and required on the Official Development Plans. 3. Dedication of 5.7 acres of open space to the Town of Los Gatos as shown on the Official Development Plans. 4. Dedication of trail easements to the Town of Los Gatos as shown on the Official Development Plans. ATTACHMENT 15 Draft Ordinance: subject to modification by Town Council based on deliberations and direction Page 2 of 45 5. Uses permitted are those specified in the HR-1 (Hillside Residential one to five acres for each dwelling unit) zone by Sections 29.40.235 (Permitted Uses), as it exists at the time of the adoption of this Ordinance, or as they may be amended in the future. SECTION IV COMPLIANCE WITH OTHER DEVELOPMENT STANDARDS: All provisions of the Town Code apply, except when the Official Development Plan specifically shows otherwise. SECTION V A Tentative Subdivision Map and Architecture and Site Approvals are required before construction of subdivision improvements or new residences, whether or not a permit is required for the work and before any permit for construction is issued. Construction permits shall only be in a manner complying with Section 29.80.130 (PD Ordinance) of the Town Code. SECTION VI The attached Exhibit A (Map), and Exhibit B (Official Development Plans), are part of the Official Development Plan. The following performance standards must be complied with before issuance of any grading, or construction permits (mitigation measures are so noted and are flagged with an asterisk): TO THE SATISFACTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT: Planning Division 1. OFFICIAL DEVELOPMENT PLANS. The Official Development Plans provided are conceptual in nature. Final building footprints and building designs shall be determined during the Architecture and Site approval process. Colors and building materials shown on the Official Development Plan are not approved and shall be reviewed during the Architecture and Site approval process. 2. TOWN INDEMNITY. Applicants are notified that Town Code Sect ion 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 entitleme nt. This requirement is a condition of approval of all such permits and entitlements whether or not expressly set forth in the approval, and may be secured to the satisfaction of the Town Attorney. Page 3 of 45 3. FINAL WILLIAMSON ACT CANCELLATION REQUIRED. The certificate of final cancellation of the Williamson Act Contract shall be recorded prior to the recordation of the Final Subdivision Map, issuance of building or grading permits, or other activities that are not compatible with the Williamson Act. 4. SUBDIVISION REQUIRED. A Tentative Subdivision Map application shall be approved for the project prior to the issuance of building permits. The Development Review Committee may be the deciding body of the tentative map. 5. ARCHITECTURE AND SITE APPROVAL REQUIRED. A separate Architecture and Site (A&S) application and approval is required for each of the new residences. The Architecture and Site applications shall be reviewed by the Development Review Committee. Architectural details, including fencing and a project entry sign, shall be refined as part of this process with input from the Town’s Consulting Architect. 6. FINAL LANDSCAPE PLAN. A final landscape plan shall be reviewed by the Town’s Consulting Landscape Architect and approved as part of the Architecture and Site process. Minimum tree size at time of planting shall be 24 -inch box. 7. WATER CONSERVATION ORDINANCE REQUIREMENT. The proposed landscaping shall meet the Town of Los Gatos Water Conservation Ordinance or the State Water Efficient Landscape Ordinance, whichever is more restrictive. A review fee based on the current fee schedule adopted by the Town Council is required when working landscape and irrigation plans are submitted for review prior to the issuance of a building permit. 8. SETBACKS. The minimum setbacks are those specified by the HR-1 zoning district or as otherwise shown on the Conceptual Development Plans. 9. FENCING. Fence locations shall be reviewed and approved during the Architecture & Site review(s). The developer will include in the CC&R’s for the project a restriction limiting the home owners from replacing the fence type approved during the Architecture & Site review(s). Fencing shall be restricted to open design, such as wood with wire mesh and wood or concrete split -rail fencing. CC&R’s shall prohibit fencing within open space easement. 10. BUILDING HEIGHT. The maximum height of the new residences shall be the maximum height listed in the Hillside Development Standards and Guidelines. The maximum height for detached structures shall be 15 feet. 11. BUILDING FLOOR AREA. The maximum floor area of the new residences shall be the maximum floor area listed in the Hillside Development Standards and Guidelines. 12. GRADING: Depths of cut and fill shall not exceed the maximums shown in the Official Development Plans (Exhibit B). Page 4 of 45 13. OUTDOOR LIGHTING. All exterior building and outdoor lighting shall be shielded and directed away from neighboring properties, to shine on the project site only. Lighting shall be the minimum needed for pedestrian safety and security. Lighting specifications shall be reviewed as part of the Architecture and Site process. 14. EXTERIOR COLORS: The exterior colors of all structures shall comply with the Hillside Development Standards & Guidelines. 15. 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. 16. BELOW MARKET PRICE (BMP) IN-LIEU FEE. A Below Market Price (BMP) in-lieu fee shall be paid by the property owner/developer pursuant to Town Code Section 29.10.3025 and any applicable Town Resolutions. The fee amount shall be based upon the Town Council fee resolution in effect at the time a final or vesting tentative map is approved . 17. PROJECT CC&R’s. CC&R’s shall be provided with the Tentative Map application and shall address the following: a. maintenance of private roadway b. maintenance of landscaping adjacent to the private road c. maintenance of storm drain system d. maintenance of public open space e. maintenance of public trail f. landscape guidelines (shall be compliant with the Hillside Development Standards & Guidelines, EIR and safe fire protocol). 18. FINAL CC&R’s. Final CC&R’s shall be approved by the Town Attorney prior to the recording of the Final Map. The CC&R’s shall include provisions for traffic circulation, vehicle parking enforcement procedures, and landscaping, exterior lighting and fencing restrictions. The approved CC&R’s shall become conditions of this Ordinance. 19. TREE PRESERVATION: All recommendations of the Town’s Consulting Arborist shall be followed. Refer to the report prepared by Deborah Ellis, dated March 30, 2011 for additional details. The Arborist Consultant shall reevaluate the plans for the new residences during Architecture and Site review. 20. TREE REMOVAL PERMIT. A Tree Removal Permit shall be obtained for trees approved for removal prior to the issuance of demolition permits. 21. REPLACEMENT TREES. New trees shall be planted to mitigate the loss of trees being removed. The number of trees shall be determined using the canopy replacement table Page 5 of 45 in the Tree Protection Ordinance. New trees shall be double staked and shall be planted prior to final inspection and issuance of occupancy permits. 22. TREE FENCING. Protective tree fencing shall be placed at the drip line of existing trees and shall remain through all phases of construction. Refer to the report prepared by Deborah Ellis dated March 30, 2011 for requirements. Fencing shall be six-foot high cyclone attached to two-inch diameter steel posts drive 18 inches into the ground and spaced no further than 10 feet apart. Include a tree protection fencing plan with the construction plans. 23. FINAL UTILITY LOCATIONS. The applicant shall submit plans showing the final locations and screening of all exterior utilities, including but not limited to, backflow preventers, Fire Department connections, transformers, utility boxes and utility meters. Utility devices shall be screened to the satisfaction of the Director of Community Development. The plans shall be submitted for review and approval prior to issuance of building permits for new construction. 24. PLAN INCONSISTENCY. Any inconsistencies between sheets sha ll be limited to whichever is more restrictive. 25. GENERAL PROVISIONS. This Planned Development shall comply with provisions in Town Code Sections 29.40.015 through 29.40.070, and Article V, unless more restrictive provisions are required in other performance standards for the subject Planned Development. 26. DEVELOPMENT OUTSIDE PROPERTY LINES: Development shall take place within property lines unless written permission is obtained from neighboring property owners. 27. BIOLOGICAL RESOURCES MITIGATION MEASURE 4.3-2: Protection of Nesting Special- status and Migratory Birds: In order to prevent mortalities of special -status and migratory bird species during project implementation, the measures outlined below shall be implemented. Removal of trees and shrubs shall be mini mized to the extent feasible, but where tree removal, pruning, or grubbing activities must occur, the following measures, shall be implemented: a. If tree removal, pruning, or grubbing activities are scheduled to occur outside of the breeding season (i.e., between September 1 and January 31), preconstruction surveys for nesting birds are not warranted as no significant adverse effects would occur. b. If tree removal, pruning, or grubbing activities are scheduled to commence during the bird breeding season (i.e., between February 1 and August 31), a preconstruction nesting bird survey shall be conducted by a qualified biologist approved by the Town. The survey shall be performed no more than two weeks Page 6 of 45 prior to the initiation of work. The preconstruction sur vey shall include the project footprint and up to a 300-foot buffer, depending on access and lines of sight. If no active nests of special-status or other migratory birds are found, work may proceed without restriction and no further measures are necessary . If the commencement of work is delayed more than two weeks from the date of the preconstruction survey, the survey shall be repeated, if determined necessary by the project biologist. c. If occupied nests (i.e. nests with eggs or young birds present) 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 distu rbance. No work shall occur within the non-disturbance buffers until the young have fledged, as determined by a qualified biologist approved by the Town. The appropriate buffer size shall be determined by a qualified wildlife biologist approved by the Town . Typical buffer zones are 50 foot -radius for songbirds and 300 foot-radius for raptors. If, despite the establishment of a non -disturbance buffer it is determined that project activities are resulting in nest disturbance, work shall cease immediately. Work may only resume once the project biologist has determined that it is safe to do so (e.g., after the young birds have fledged). d. If project activities must occur within the non-disturbance buffer, a qualified biologist shall monitor the nest(s) to document that take of the nest (i.e., nest failure) is not likely to result. If it is determined that project activities are resulting in significant nest disturbance, work shall cease immediately. Work may only resume once the project biologist has determined that it is safe to do so (e.g., after the young birds have fledged). 28. BIOLOGICAL RESOURCES MITIGATION MEASURE 4.3-3: Protection of San Francisco Dusky-footed Woodrat: In order to prevent mortalities of San Francisco dusky -footed woodrat during project construction and implementation, the following measures shall be implemented: a. A qualified biologist shall perform a ground survey to locate and mark all woodrat nests in the proposed construction area. The survey shall be performed no less than 30 days prior to the initiation of ground disturbances. The Contractor shall walk the site to assist in determining which nests cannot be avoided. Nests to be avoided shall be fenced off with orange construction fencing and their locations marked on construction plans as being off limits to all activities. b. Any woodrat nest that cannot be avoided shall be manually disassembled by a qualified biologist, after notification of CDFW, to give any resident woodrats the Page 7 of 45 opportunity to disperse to adjoining undisturbed hab itat. Nest building materials shall be immediately removed off-site and disposed of to prevent woodrats from reassembling nests on-site. c. To ensure woodrats do not rebuild nests within the construction area, a qualified biologist shall inspect the construction corridor no less than once per week. If new nests appear, they shall be disassembled and the building materials disposed of offsite. If there is a high degree of woodrat activity, more frequent monitoring shall be performed, as warranted. 29. BIOLOGICAL RESOURCES MITIGATION MEASURE 4.3-4: Protection of Roosting Bats: In order to minimize impacts to special-status bats during project implementation, impacts to suitable roost sites shall be avoided or minimized to the greatest extent feasible. Where impacts to suitable roost sites cannot be avoided, the following measures shall be implemented: Mitigation 1. A habitat assessment (e.g., visual inspection of trees for sign or evidence of bats) for roosting bats should be conducted prior to any demolition or tree removal. The explicit purpose of these surveys is to identify potentially suitable roosting habitat in the trees and outbuilding onsite. For example, not all trees or structures support potential roosting habitat, and many of these features can be excluded from further consideration by a thorough habitat assessment by a qualified biologist. In addition, a qualified biologist can also employ a lift to visually inspect potential tree cavities to more definitively determine if roosting bats are present. Mitigation 2. For any trees and/or the single outbuilding that are found not to be suitable roosting habitat or for any tree or outbuilding definitively determined that roosting bats are absent, may be removed with no further action. Mitigation 3. For any trees and/or the single outbuilding that are found to be potentially suitable for roosting bats, different measures are required depending on the season they are to be removed. a. From March 1 - April 15 and August 15 - October 15 a two-step removal process should be in place under the direction of a qualified biologist. b. From October 16 - February 28 the two-step removal process should not occur so as to avoid take of overwintering bats. c. From April 15 - August 14, the two-step removal should not occur if a maternity colony is detected or suspected. At this time, nighttime emergence surveys can be conducted to determine if bats are using these trees or the outbuilding. i. lf nighttime emergence surveys determine that the tree(s) or outbuilding do Page 8 of 45 not support roosting bats, these can be removed within 2 days of the survey. ii. lf on the other hand, nighttime emergence surveys determine that the tree(s) or outbuilding do support a maternity colony, then tree removal or demolition would have to wait until August 15 or until a qualified biologist has determined the maternity colony is no longer present. iii. lf nighttime emergence surveys determine that the tree(s) or outbuilding does support roosting bats but does not support a maternity colony, a two - step removal process may commence under the direction of a qualified biologist. 30. BIOLOGICAL RESOURCES MITIGATION MEASURE 4.3-5: Protection of California Red- legged Frogs and Foothill Yellow-legged Frogs: In order to avoid impacts to California red-legged frogs and foothill yellow-legged frogs during project implementation, the following measures shall be implemented: a. Construction activities shall be timed to occur outside of the wet season (i.e., April 15- October 15) when California red-legged frogs and foothill yellow-legged frogs are less likely to venture into uplands; this is the optimal season for avoiding conflict with these species. b. No work shall occur during or within 24 hours following a rain event exceeding 0.2 - inch as measured by the NOAA National Weather Service. c. Prior to the start of construction, wildlife exclusion fencing shall be installed along Ross Creek and the associated riparian corridor (i.e., areas where California red - legged frogs and foothill yellow-legged frogs could enter the project site). The location of the fencing shall be determined by a qualified biologist prior to the start of staging or surface disturbing activities. The fencing specifications including installation and maintenance criteria shall be provided in the bid solicitation package special provisions. The fencing shall remain in place throughout the duration of the project and shall be regularly inspected and fully maintained. Upon project completion, the fencing shall be completely removed, the area cleaned of debris and trash, and returned to original condition or better. d. To prevent California red-legged frogs and foothill yellow-legged frogs from becoming entangled, trapped or injured, erosion control materials that use plastic or synthetic mono-filament netting, photodegradable or biodegradable synthetic netting (which can take several months to decompose) or small aperture matrix (i.e., less than 2 inches x 2 inches) shall not be used within the study area. e. Preconstruction surveys shall be conducted by a qualified biologist immediately prior (i.e., on the same morning as work occurs) to the initiation of initial site Page 9 of 45 clearing activities that may result in take of California red - legged frogs and foothill yellow-legged frogs. All upland habitat including refugia such as dense vegetation, small woody debris, refuse, burrows, etc., shall be thoroughly inspected. If a California red-legged frog is observed, the qualified biologist shall contact the USFWS to determine if capturing and relocating the indiv idual(s) is necessary and authorized. If handling of California red-legged frogs is necessary, the qualified biologist shall be in possession of a 10(a)(1)(A) Recover Permit and valid Scientific Collecting Permit. The qualified biologist shall take precaut ions to prevent introduction of amphibian diseases in accordance with the Revised Guidance on Site Assessments and Field Surveys for the California Red -legged Frog (USFWS, 2005). f. A qualified biologist shall be on-site during all construction activities that may result in take of California red-legged frogs and foothill yellow-legged frogs, specifically, work in or adjacent to Ross Creek. The qualified biologist shall have the authority to stop work to avoid take of either species. The qualified biologist shall conduct clearance surveys at the beginning of each day and regularly throughout the workday when construction activities are occurring that may result in take of California red-legged frogs and foothill yellow-legged frogs. g. A Worker Environmental Awareness Training shall be conducted for all construction crews and contractors. The education training shall be conducted prior to the commencement of ground-clearing or grading and upon the arrival of any new worker. The training shall include a brief review of locations of sensitive areas, avoidance measures, and corrective actions in the event sensitive species are encountered. The program shall cover the mitigation measures, environmental permits and regulatory compliance requirements. Additional tr aining shall be conducted as needed, including morning “tailgate” sessions to update crews as they advance into sensitive areas for projects with multiple work areas. In addition, a record of all personnel trained during the project shall be maintained for compliance verification. h. All slopes or unpaved areas affected by the proposed project shall be re -seeded with native grasses and shrubs to stabilize the slopes and bare ground against erosion. Following construction, native (and non-native if appropriate) plant species shall be installed at the disturbed area. 31. BIOLOGICAL RESOURCES MITIGATION MEASURE 4.3-7a: Conformance with Applicable Federal and State Regulations: In order to conform to federal and State law and to offset significant adverse impacts on waters of the U.S. and waters of the State, the measures outlined below shall be implemented. Page 10 of 45 a. Prior to initiation of project construction, the project applicant shall secure a verified jurisdictional determination from the USACE. b. For impacts to federally regulated waters of the U.S. that cannot be avoided, the applicant shall apply for and receive authorization pursuant to CWA. The project applicant shall comply with all permit conditions, as specified by the USACE. Mitigation ultimately required by the USACE could include on-site habitat creation, off-site habitat creation, purchase of credits from an approved habitat mitigation bank, and/or payment of in-lieu fees to an approved conservation organization for wetland habitat enhancement of preservation activities. c. For impacts to waters of the State or other State -regulated habitats that cannot be avoided, the applicant shall apply for and receive authorization pursuant to CFGC Section 1602 and Porter-Cologne, as applicable. Section 1602 applies to impacts to the ephemeral swale that drains into Ross Creek, while Porter -Cologne would apply to impacts to waters of the State that are not also waters of the US subject to regulation by USACE under the Clean Water Act. The project applicant shall comp ly with all permit conditions (including monitoring of any restoration plantings for long-term survivorship), as specified by the CDFW and RWQCB. Mitigation ultimately required by the CDFW/RWQCB could include on -site habitat creation, off- site habitat creation, purchase of credits from an approved habitat mitigation bank, and/or payment of in-lieu fees to an approved conservation organization for wetland habitat enhancement of preservation activities. 32. BIOLOGICAL RESOURCES MITIGATION MEASURE 4.3-7b: Jurisdictional Waters Mitigation: The project applicant shall implement avoidance, minimization, and compensation measures to reduce impacts on jurisdictional waters and riparian habitats to a less than significant level. Avoidance. The preferred method of mitigation would be avoidance of all waters of the U.S. and State by designing the project so that it avoids the placement of fill within potential jurisdictional waters and impacts on riparian habitat. The proposed project has been designed to avoid all but approximately 5,400 square feet, totaling 0.12 acres, of ephemeral stream and associated riparian vegetation. Riparian woodland habitat associated with higher order stream on the site, Ross Creek, have been avoided. Minimization. Because full avoidance is not possible, actions shall be taken to minimize impacts on the ephemeral stream area. Measures taken during construction activities shall include placing construction fencing around the aquatic features or riparian areas to be preserved to ensure that construction activities do not inadvertently impact these areas. Page 11 of 45 Mitigation. Because impacts to the ephemeral drainages at the site cannot be avoided, a habitat mitigation and monitoring plan shall be developed to mitigate for impacts on these features. The applicant can use one or a combination of the following options to satisfy the mitigation requirements to provide replacement of riparian and aquatic habitat at a replacement-to-loss ratio of up to 2:1 for permanent acreage impacts (up to two acres created for each acre permanently impacted). Option 1. Prior to the issuance of a grading permit or improvement plan, the applicant shall provide to the satisfaction of the Community Development Director, a letter from a qualified mitigation bank showing that the appropriate mitigation credits for wetland habitat have been purchased at a replacement-to-loss ratio of 2:1. The mitigation bank must be a habitat mitigation bank approved by the appropriate federal and State regulatory agencies. Additionally, the habitat mit igation bank must be within the same watershed (or other hydrological connection, to the satisfaction of the resource agencies listed in Mitigation Measures 4.3-7a above) of which Ross Creek is located. Option 2. Prior to the issuance of a grading permit or improvement plan, the applicant shall provide to the satisfaction of the Community Development Director, a mitigation plan that results in the creation of new habitat as replacement for habitat lost or enhance the quality of existing habitat for native plants and wildlife. Mitigation measures shall include replacement of riparian and aquatic habitat at a replacement -to- loss ratio of up to 2:1 for permanent acreage impacts (up to two acres created for each acre permanently impacted) as well as reseeding or replanting of vegetation in temporarily disturbed areas according to a site-specific mitigation plan. At a minimum, this plan shall identify mitigation areas, a planting plan, site maintenance activities, success criteria, and remedial measures to compensate for lack of success. The mitigation goal shall be to create and enhance riparian or aquatic habitats with habitat functions and values greater than or equal to those existing in the impact zone. This could include enhancing the ephemeral drainages to increase their wetland and riparian value, which would benefit native wildlife in the region. A detailed Habitat Mitigation and Monitoring Plan, including specific success criteria, shall be developed and submitted to permitting agencies during the permit p rocess. The mitigation area shall be monitored in accordance with the plan approved by the permitting agencies. The basic components of the The Habitat Mitigation and Monitoring Plan shall at a minimum: • Define the location of all restoration/creation activities; • Provide evidence of suitable water availability (e.g., from precipitation and surface runoff) to support any created wetland and riparian habitats; Page 12 of 45 • Identify the species, amount and location of plants to be installed; • Identify time of year for planting and method for supplemental watering during the establishment period; • Identify the monitoring period which should be not less than five years for wetland restoration and not less than five years for riparian restoration, defines success criteria that shall be required for the wetland restoration to be deemed a success; • Identify adaptive management procedures that accommodate the uncertainty that comes with restoration projects. These include (but not limited to) measures to address colonization by invasive species, unexpected lack of water, excessive foraging of installed wetland plants by native wildlife; etc.; • Define management and maintenance activities (weeding of invasive, providing for supplemental water, repair of water delivery systems, etc.); and, • Provide for surety in funding the monitoring and ensuring that the created wetland and riparian habitats fall within lands to be preserved and managed into perpetuity. 33. Option 3. Prior to the issuance of a grading permit or improvement plan, the applicant shall provide to the satisfaction of the Community Development Director, a wetland restoration plan that results in the daylighting of a portion of Ross Creek on the project site. Currently a portion of Ross Creek is conveyed through an underground culver t on the project site. The project applicant, with the concurrence of the resource agencies (listed in Mitigation Measures 4.3-7a above) and the Santa Clara Valley Water District proposed, shall remove the culvert (daylight) from a portion of Ross Creek on the project site. The restoration plan shall include replacement of riparian and aquatic habitat at a replacement-to-loss ratio of up to 2:1 for permanent acreage impacts. The wetland restoration plan shall include a hydrological report, prepared by a qua lified civil engineer to demonstrate that the restored creek has been designed such that it is compatible with the upstream point of connection, the design is appropriate for the specific stretch of Ross Creek, and that it has been designed to accommodate the appropriate flood conditions. The restoration plan shall also include a Habitat Mitigation and Monitoring Plan. A detailed Habitat Mitigation and Monitoring Plan, including specific success criteria, shall be developed and submitted to permitting agenc ies during the permit process. The mitigation area shall be monitored in accordance with the plan approved by the permitting agencies. The basic components of the monitoring plan consist of final success criteria, performance criteria, monitoring methods, data analysis, as-built plans, monitoring schedule, contingency/remedial measures, and reporting requirements. The Habitat Mitigation and Monitoring Plan shall at a minimum: Page 13 of 45 • Define the location of all restoration/creation activities; • Provide evidence of suitable water availability (e.g., from precipitation and surface runoff) to support any created wetland and riparian habitats; • Identify the species, amount and location of plants to be installed; • Identify time of year for planting and method for supplementa l watering during the establishment period; • Identify the monitoring period which should be not less than five years for wetland restoration and not less than five years for riparian restoration, defines success criteria that shall be required for the wetland restoration to be deemed a success; • Identify adaptive management procedures that accommodate the uncertainty that comes with restoration projects. These include (but not limited to) measures to address colonization by invasive species, unexpected lack of water, excessive foraging of installed wetland plants by native wildlife; etc.; • Define management and maintenance activities (weeding of invasive, providing for supplemental water, repair of water delivery systems, etc.); and, • Provide for surety in funding the monitoring and ensuring that the created wetland and riparian habitats fall within lands to be preserved and managed into perpetuity. 34. BIOLOGICAL RESOURCES MITIGATION MEASURE 4.3-8: Creek and Swale Protection: Mitigation for the placement of fill into the ephemeral swale is outlined in Mitigation Measure 4.3-7, above. Construction in and adjacent to Ross Creek and the ephemeral swale requires conformance to the Town’s adopted sections of the Guidelines and Standards for Land Use Near Streams. In order to conform to these guidelines, the following measures shall be implemented: a. Protection of the riparian zone shall be assured by establishment of an appropriate riparian corridor buffer: • Based on site conditions, channel geomorphology, slope, size of watershed, and type of habitat, a minimum riparian setback of 25 feet from the top of bank or outer edge of the riparian zone, whichever is greater, would provide for an appropriate protection of the habitat values and water quality associated with Ross Creek. • Based on site conditions, channel geomorphology, slope, size of watershed, and type of habitat, a minimum riparian setback of 10 feet from the top of bank of the incised portion of the ephemeral swale and outer oak canopy edge would provide for an appropriate protection of the habitat values and water quality. It is recognized that the placement of fill into the ephemeral swale is necessary to construct Streets A and B. At these locations, there is no habitat meeting the Page 14 of 45 definitions of “riparian vegetation” or “stream/channel/creek”2 as provided in the Guidelines. As such, this portion of the proposed project is not in conflict with the Guidelines. Mitigation for these impacts is specified in Mitigation Measure 4.3-7. b. Grading and culvert construction to accommodate the construction of Street B would result in impacts on the portions of the ephemeral swale that are incised and situated directly beneath the canopy of mature oak woodland. Such grading and construction at this location would not necessarily conflict with the Guidelines,3 but would be subject to review and permitting requirements by the regulatory agencies. Mitigation for these impacts is specified in Mitigation Measure 4.3 -7. c. A 10-foot wide protective easement shall be recorded over t he length of the preserved swale across the area originally proposed as Lot 9. No grading, filling, or trenching shall be permitted within this easement. d. Orange construction fencing or a similar visual barrier shall be installed to prevent accidental grading or movement of equipment beyond what is specified on the grading plans and approved under the grading permit. e. Construction activities shall conform to the Town of Los Gatos’ Tree Protection Ordinance, as required in Mitigation Measure 4.3-10, Tree Mitigation and Monitoring Plan. 35. BIOLOGICAL RESOURCES MITIGATION MEASURE 4.3-9: Riparian Encroachment Offsets: In order to offset potentially significant effects of encroachments into the recommended 10-foot riparian setback, the following mitigation mea sures shall be implemented: a. The Town shall allow an exception to the Guidelines to permit construction of Streets A and B. b. The hydrologic connection between the ephemeral swale and upstream watershed and Ross Creek shall be maintained by the installation of appropriately sized culverts beneath Street A and Street B, and between Lots #3 and 4. c. Protective measures as recommended by the Town’s arborist and required by Town Ordinance shall be implemented to preserve the health of oak trees located on the area originally proposed as Lot 9 and they include the following: Section 29.10.1005 Protection of Trees During Construction a) Protective tree fencing shall specify the following: 1) Size and materials: A five (5) or six (6) foot high chain link f encing, mounted on two-inch diameter galvanized iron posts, shall be driven into the ground to a depth of at least two (2) feet at no more than 10 -foot spacing. For Page 15 of 45 paving area that will not be demolished and when stipulated in a tree preservation plan, posts may be supported by a concrete base. 2) Area type to be fenced. Type I: Enclosure with chain link fencing of either the entire dripline area or at the tree protection zone (TPZ), when specified by a certified or consulting arborist.4 Type II: Enclosur e for street trees located in a planter strip: chain link fence around the entire planter strip to the outer branches. Type III: Protection for a tree located in a small planter cutout only (such as downtown): orange plastic fencing shall be wrapped around the trunk from the ground to the first branch with 2 -inch wooden boards bound securely on the outside. Caution shall be used to avoid damaging any bark or branches. 3) Duration of Type I, II, III fencing. Fencing shall be erected before demolition, grading or construction begins and remain in place until final landscaping is required. Contractor shall first obtain the approval of the project arborist on record prior to removing a tree protection fence. 4) Warning sign. Each tree fence shall have prominently displayed an 8.5 x 11- inch sign stating: "Warning— Tree Protection Zone-this fence shall not be removed and is subject to penalty according to Town Code 29.10.1025". b) All persons, shall comply with the following precautions: 1) Prior to the commencement of construction, install the fence at the dripline, or tree protection zone (TPZ) when specified in an approved arborist report, around any tree and/or vegetation to be retained which could be affected by the construction and prohibit any storage of construction materials or other materials or vehicles inside the fence. The dripline shall not be altered in any way so as to increase the encroachment of the construction. 2) Prohibit excavation, grading, drainage and leveling within the dripline of the tree unless approved by the director. 3) Prohibit disposal or depositing of oil, gasoline, chemicals or other harmful materials within the dripline of or in drainage channels, swales or areas that may lead to the dripline of a protected tree. 4) Prohibit the attachment of wires, signs or ropes to any protected tree. 5) Design utility services and irrigation lines to be located outside of the dripline when feasible. 6) Retain the services of the certified or consulting arborist for periodic monitoring of the project site and the health of those trees to be preserved. The certified or consulting arborist shall be present whenever activities occur Page 16 of 45 that pose a potential threat to the health of the trees to be preserved. 7) The director and project arborist shall be notified of any damage that occurs to a protected tree during construction so that proper treatment may be administered.” d. Native trees and shrubs shall be planted in existing non -native grassland on Lot 3 and the area originally proposed as Lot 9 to enhance the vegetative cover within the 10-foot setback. 36. BIOLOGICAL RESOURCES MITIGATION MEASURE 4.3-10: Tree Mitigation and Monitoring Plan: To compensate for the loss of protected trees, a Tree Mitigation and Monitoring Plan shall be prepared by a qualified arborist, peer reviewed by an arborist selected by the Town, and implemented by the applicant. As noted above, mitigation will be based on the tree replacement ratios outlined in the Town’s Tree Protection Ordinance (see Table 4.3-3). The planting of approximately 178 24-inch box size, 93 36-inch box size, and 8 48-inch box size replacement trees (or equivalent as specified by the Town’s arborist) would compensate for the loss of approximately 70 trees. The following minimum standards shall be incorporated in the Tree Mitigation and Monitoring Plan: a. The primary replacement species to be planted is valley oak; blue oaks may also be planted among the existing blue oak stand at the southern boundary of Lot B. The planting stock shall be from locally collected material, and planting shall be conducted from November to January. b. Minimum container size of the replacement trees shall be 24 inches. Trees shall be staked and provided with appropriate predator and weed control devices, such as anti-browse cages and weed mats. c. To ensure successful establishment of all container plantings, a temporary drip irrigation system shall be installed, utilizing emitters, as determined by Town staff. Overhead irrigation shall not be used, as it fosters dense growth of undesirable weed species, may lead to erosion, and is not an efficient use of water. Irrigation will be supplied for up to three years, with the possibility of extending irrigation for another two years or as deemed necessary by the consulting restoration ecologist approved by the Town. The objective, however, is to turn off irrigation at the end of the third growing season. d. Site maintenance shall be conducted regularly for the first three years after initial planting, including weed control, irrigation system maintenance, and foliage protector maintenance. e. Invasive exotic species that could threaten the successful establishment of the replacement plantings, as determined by the consulting restoration ecologist Page 17 of 45 (approved by the Town), shall be removed at least once annually for a five-year period. f. The success of the Tree Mitigation and Monitoring Plan shall be monitored by a qualified restoration ecologist (approved by the Town) for a period not less than five years after initial installation. Elements such as plant survival, percent cover, tree height and basal area, plant vigor / health, and natural recruitment / reproduction shall be evaluated during the annual monitoring of the replanted sites. The following criteria for monitoring the replanted trees shall be employed: i. Tree Survival. Replacement trees shall exhibit an 80% survival rate at the end of the five-year monitoring period, after two consecutive growing seasons without supplemental irrigation. Dead trees shall be replaced the following winter after each mortality is noted. If the survival drops below the 80% survival threshold, the monitoring period shall be extended another five years from the date of replanting. Survivorship following the two years without supplemental ir rigation is intended to demonstrate a good indication as to whether plant roots are sufficiently developed to support the plants under natural conditions. ii. Vegetative Growth. The mean tree stem diameter, plant height and canopy spread shall show a consistent annual increase. By year five, the mean value for each of these parameters shall have increased by no less than 100%. iii. Plant Vigor / Health. The overall plant vigor and health of the installed trees shall be monitored. Taken into consideration in the qualitative observation of vigor and health would be the factors of plant color, bud development, new growth, herbivory, drought stress, fungal/insect infestation, and physical damage. If a plant’s foliage is abnormally sparse, then the health/vigor rating shall be lowered accordingly, even if the foliage present is healthy. Overall health and vigor shall be rated according to the following scale: Scale Rating Description 1 Excellent Healthy plant with vigorous growth, no necrotic or chlorotic leaves; no other signs of damage. 2 Good Plant appears healthy, but with limited signs of vigorous growth. 3 Adequate Plant healthy but with no signs of vigorous growth; some necrosis or damage may be present. 4 Poor Low vitality, but plant with at least some signs of life; plant severely damaged, weak or stressed, or main stem dead. 5 Dead No evidence of live tissue. 37. SOILS AND GEOLOGY MITIGATION MEASURE 4.4-3: Topsoil Salvage: The Town shall require the project applicant and future lot owners to ensure th at topsoil, if present, is Page 18 of 45 salvaged during grading. The topsoil shall be stockpiled separately from subsoils, and the stockpiles shall be protected from erosion (e.g., by covering or watering). Once construction is completed, the stockpiled topsoil shall be reused for site restoration in open or garden areas. Excess soil may be used in approved open space or landscape areas, if approved by the landscape architect. 38. SOILS AND GEOLOGY MITIGATION MEASURE 4.4-4a: Debris Flow Protection: The project applicant shall require construction of improvements to protect Lot 8 and the area originally proposed as Lot 9 from damage due to a debris flow from the head of the drainage swale located to the southeast portion of the project site in accordance with the recommendations of the geotechnical report, and any associated updates or revisions. Such improvements may include a catchment basin constructed across the swale or construction of deflection walls or berms to protect Lot 8 and the area originally proposed as 9 from debris flows. When Lot 8 and the area originally proposed as 9 are proposed for development, the geotechnical engineer shall review future home designs on these lots to select the appropriate method of protection. 39. SOILS AND GEOLOGY MITIGATION MEASURE 4.4-4b: Geotechnical Report Recommendations: The project applicant and future lot owners shall implement all of the recommendations of the project geotechnical report, and any associated updates or revisions, related to site preparation and grading, foundation d esign, retaining walls, and drainage improvements. To ensure correct implementation, the geotechnical engineer shall review project plans and observe geotechnically relevant aspects of proposed initial construction of roads and infrastructure. When future homes are proposed on project lots, a site-specific geotechnical investigation shall be conducted if deemed necessary by the Town Engineer and project geotechnical engineer and the recommendations of that report shall be implemented. 40. HYDROLOGY AND WATER QUALITY MITIGATION MEASURE 4.5-1b: C.3 Compliance: The following measures shall be implemented to ensure compliance with the C.3 requirements and reduce project -related water quality impacts to less than significant: a. The project applicant shall obtain coverage under the Municipal Regional Stormwater Permit pursuant to Regional Water Quality Control Board (RWQCB) Order No, R2-2009-0074. As part of the grading and improvement application for the project, the project applicant shall submit the following docu ments to the Engineering Division of the Town of Los Gatos Parks and Public Works Department: i. A site plan showing the locations of stormwater treatment and flow control measures. All stormwater treatment and flow control measures shall be designed to allow appropriate equipment access for maintenance. Page 19 of 45 ii. A detailed maintenance plan for stormwater treatment and flow-control measures, including inspection checklists as appropriate. iii. An Operations and Maintenance report form shall be attached to mai ntenance agreements that are transferred to future owners or operators of the project site or portions thereof. The project applicant shall also provide a signed statement accepting responsibility for maintenance of stormwater control facilities until this responsibility is legally transferred. This statement shall also ensure site access by Town of Los Gatos, Water Quality Control Board, West Valley Clean Water Program for inspection purposes. b. Proper operation and maintenance of stormwater management f acilities shall be the responsibility of the Homeowners’ Association (HOA) in perpetuity. The applicant shall prepare and submit, for the Town's review, an acceptable Stormwater Control Operations and Maintenance Plan prior to the issuance of any occupancy permits and shall execute a Stormwater Management Operations and Maintenance Agreement with the Town before sale, transfer, or permanent occupancy of the site. The applicant shall accept the responsibility for maintenance of stormwater management facilities until such responsibility is transferred to another entity. The Stormwater Management Operations and Maintenance Plan shall include treatment Best Management Practices (BMPs). 41. NOISE MITIGATION MEASURE 4.7-1: Administrative and Source Controls: Prior to Grading Permit issuance, the project applicant shall demonstrate to the satisfaction of the Town of Los Gatos Public Works Department that the project complies with the following: a. Pursuant to the Town of Los Gatos Municipal Code Section 16.20.035, cons truction activities (including operation of haul and delivery trucks) shall occur between the hours of 8:00 a.m. and 8:00 p.m. on weekdays and 9:00 a.m. and 7:00 p.m. on weekends and holidays. b. Pursuant to Municipal Code Section 16.20.035(2) the Contrac tor shall demonstrate, to the satisfaction of the Town of Los Gatos Public Works Department, that construction noise shall not exceed 85 dBA outside of the property line. This shall be accomplished by using the type of muffler recommended by the vehicle manufacturer. In addition, all equipment (including mufflers) should be in good mechanical condition and properly maintained so as to minimize noise created by faulty or poorly maintained engine, drive-train, and other components. If necessary to achieve compliance with the Town’s Noise Ordinance, one or more of the Page 20 of 45 additional noise control measures below shall also be used: • Temporary berms or noise barriers, such as lumber or other material stockpiles and construction trailers, shall be utilized where necessary to meet the Ordinance noise limit. • Stationary equipment, such as compressor and generators shall be housed in acoustical enclosures and placed as far from sensitive receptors as feasible. “Quiet” or “sound suppressed” equipment shall be utilized where the technology exists. • Use wheeled earth moving equipment rather than track equipment. • Provide a “Noise Disturbance Coordinator” with a phone number and email address so that the nearby residents have a contact person is case of a noise problem. • Keep vehicles routes clean and smooth both on -site and off-site to minimize noise and vibration from vehicles rolling over rough surfaces. • Nail guns should be used where possible as they are less noisy than manual hammering. 42. AIR QUALITY MITIGATION MEASURE 4.8-2: BAAQMD Basic Construction Measures: Prior to issuance of any Grading or Demolition Permit, the Town Engineer and the Chief Building Official shall confirm that the Grading Plan, Building Plans, and specifications stipulate that the following basic construction measures be implemented as specified in the BAAQMD Guidelines during all project construction (including individual lot development): 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 two minutes. Clear signage shall be provided for construction workers at all access points. Page 21 of 45 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 pr oper 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. 43. HAZARDS AND HAZARDOUS MATERIALS MITGATION MEASURE 4.10-1: Implement Buyer Education Program for Household Hazardous Waste: The project applicant, working with the Town of Los Gatos and Coun ty of Santa Clara Household Hazardous Waste program, shall implement a Buyer Education Program for Household Hazardous Waste, developing materials to educate buyers about the identification of household hazardous wastes, environmental hazards associated with mishandling of the wastes, appropriate disposal methods, and how to make an appointment for disposal. Such materials shall explain that improper disposal of such materials is against the law. At a minimum, the materials shall provide a list of example h ousehold hazardous wastes, discuss the environmental impacts of improper disposal, explain how to make an appointment for disposal, and list safer and less toxic alternatives to hazardous products commonly used. The educational materials shall be provided to the buyer at the time of purchase. 44. CULTURAL RESOURCES MITGATION MEASURE 4.11-1: Observation by Construction Personnel: The project shall include the following conditions: a. Construction personnel involved with earthmoving shall be alerted to the poten tial for the discovery of prehistoric materials. Prehistoric archaeological resources could include but not be limited to the following: darker than surrounding soils of a friable nature, concentrations of rock, bone or fresh water shellfish, artifacts of these materials, and evidence of fire (ash, charcoal, fire altered earth or rock) and burials, both human and animal. b. In the event that archaeological traces are encountered, all construction within a 30-foot radius of the find shall be halted, the Community Development Director shall be notified, and a qualified archaeologist shall be retained to examine the find and determine whether the archaeological traces qualify as either “historical resources” or “unique archaeological resources.” c. If the archaeologist determines that the archaeological find is neither an historical resource nor a unique archaeological resource, work may resume unless the find consists of human remains, in which case the requirements of subdivision (e) below Page 22 of 45 shall be triggered. d. If the archaeologist determines, and the Community Development Director agrees, that the find is either an historical resource or a unique archaeological resource, the archaeologist shall prepare a proposed mitigation program that he or she believes could be feasible and appropriate under the circumstances, and shall submit it to the Community Development Director for his or her consideration and approval. Where the find qualifies as a unique archaeological resource but not an historical resource, the mitigation shall be in conformance with the protocol and limitations set forth in Public Resources Code Section 21083.2. Where the find qualifies as an historical resource, such limitations shall not apply. To the extent feasible in light of project design, logistics, and costs, proposed mitigation for either an historical resource or a unique archaeological resource shall reflect the policy preference for preserving the resources in place. Data recovery may be acceptable, however, where such preservation in place is not feasible under the circumstances and where the data to be recovered would be scientifically consequential. Mitigation may also take the form of additional hand excavation to retrieve and analyze significant archaeological materials, coupled with additional monitoring of earthmoving inside the zone of archaeological sensitivity. After the mitigation approved by the Community Development Director has been completed, the project archaeologist shall prepare a final report that includes 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. e. 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 or her authority, he or she will notify the Native American Heritage Commission, who shall attempt to identify descendants of the deceased Native Americans. 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). 45. CULTURAL RESOURCES MITGATION MEASURE 4.11-2: Halt Construction and Evaluate Resource: Prior to the commencement of construction activities, the project applicant or its successor(s) in interest shall provide for a qualified paleontologist to provide construction personnel with training on procedures to be followed in the event that a fossil site or fossil occurrence is encountered during construction. The training shall include instructions on identification techniques and how to further avoid disturbing Page 23 of 45 the fossils until a paleontological specialist can assess the site. An informational package shall be provided for construction personnel not present at the meeting. In the event that a paleontological resource (fossilized invertebrate, vertebrate, plant or micro-fossil) is found during construction, excavation within 50 feet of the find shall be temporarily halted or diverted until the discovery is evaluated. Upon discovery, the Community Development Director shall be notified immediately and a qualified paleontologist shall be retained to document and assess the discovery in accordance with Society of Vertebrate Paleontology’s 2010 Standard Procedures for the Assessment and Mitigation of Adverse Impacts to Paleontological Resources, and recommend procedures to be followed before construction is allowed to resume at the location of the find. If the Community Development Director determines that avoidance is not feasible in light of project design, logistics, and costs, the paleontologist will prepare a recommended excavation plan, subject to review and approval by the Community Development Director, for mitigating the project’s impact on this resource, including preparation, identification, cataloging, and curation of any salvaged specimens. Building Division 46. PERMITS REQUIRED: A separate Building Permit shall be required for each new single - family residence and each detached structure including retaining walls. 47. APPLICABLE CODES: The current codes, as amended and adopted by the Town of Los Gatos as of January 1, 2017, are the 2016 California Building Standards Code, California Code of Regulations Title 24, Parts 1-12. 48. 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. 49. SIZE OF PLANS: Submit four sets of construction plans, minimum size 24” x 36”, maximum size 30” x 42”. 50. STREET NAMES, HOUSE & SUITE NUMBERS: Submit reque sts for new street names and house numbers/suite numbers to the Building Division prior to submitting for the building permit application process. 51. 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. 52. SHORING: Shoring plans and calculations will be required for all excavations which exceed five (5) 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 Page 24 of 45 prepared by a California licensed engineer and shall confirm to the Cal/OSHA regulations. 53. 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 elevations and on -site retaining wall locations and elevations have been prepared according to the approved plans. Horizontal and vertical controls shall be set and certified by a licensed surveyor or registered Civil Engineer for the following items: a. Building pad elevation b. Finish floor elevation c. Foundation corner locations d. Retaining wall(s) locations and elevations 54. SPECIAL INSPECTIONS: When a special inspection is required by CBC Section 1704, the Architect or Engineer of Record shall prepare an inspection program that shall be submitted to the Building Official for approval prior to issuance of the Building Permit. The Town Special Inspection form must be completely filled -out and signed by all requested parties prior to permit issuance. Special Inspection forms are available from the Building Division Service Counter or online at www.losgatosca.gov/building. 55. TOWN RESIDENTIAL ACCESSIBILITY STANDARDS: New residential units shall be designed with adaptability features for single-family residences per Town Resolution 1994-61: a. Wood backing (2” x 8” minimum) shall be provided in all bathroom walls, at water closets, showers, and bathtubs, located 34 inches from the floor to the center of the backing, suitable for the installation of grab bars if needed in the future. b. All passage doors shall be at least 32 inch doors on the accessible floor level. c. The primary entrance door shall be a 36 inch wide door including a 5’x 5’ level landing, no more than 1 inch out of plane with the immediate interior floor level and with an 18 inch clearance at interior strike edge. d. A door buzzer, bell or chime shall be hard wired at primary entrance. 56. TITLE 24 ENERGY COMPLIANCE: All required California Title 24 Energy Compliance Forms must be blue-lined (sticky-backed), i.e. directly printed, onto a plan sheet. 57. 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. 58. TOWN FIREPLACE STANDARDS: New wood burning fireplaces shall be an EPA Phase II approved appliance or gas appliance per Town Ordinance 1905. Tree limbs shall be cut within 10 feet of chimneys. 59. HAZARDOUS FIRE ZONE: All projects in the Town of Los Gatos require Class A roof assemblies. 60. WILDLAND-URBAN INTERFACE: This project is located in a Wildland-Urban Interface High Fire Area and new buildings must comply with Section R337 of the California Page 25 of 45 Residential Code regarding materials and construction methods for exterior wildfire exposure. 61. 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. 62. PRIOR TO FINAL INSPECTION: Provide a letter from a California licensed Landscape Architect certifying the landscaping and vegetation clearance requirements have been completed per the California Public Resources Code 4291 and Government Code Section 51182. 63. BLUE PRINT FOR A CLEAN BAY SHEET: The Town standard Santa Clara Valley Nonpoint Source Pollution Control Program Sheet (page size same as su bmitted drawings) shall be part of the plan submittal as the second page. The specification sheet is available at the Building Division Service Counter for a fee of $2 or at ARC Blue Print for a fee or online at www.losgatosca.gov/building. 64. 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 -5771 c. Santa Clara County Fire Department: (408) 378-4010 d. West Valley Sanitation District: (408) 378-2407 e. Local School District: The Town will forward the paperwork to the appropriate school district(s) for processing. A copy of the paid receipt is required prior to permit issuance. TO THE SATISFACTION OF THE DIRECTOR OF PARKS & PUBLIC WORKS: Engineering Division 65. 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 mud, silt, concrete, dirt and other construction debris at the end of the day. Dirt and debris shall not be washed into storm drainage facilitie s. The storing of goods and 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 Owner, Applicant and/or 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 issuance of correction notices, citations, or stop work orders and the Town performing the required maintenance at the Owner, Applicant and/or Developer's expense. 66. APPROVAL: This application shall be completed in accordance with all of the conditions Page 26 of 45 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. 67. 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 Owner/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 (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. 68. 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 Director of Parks and Public Works, and subsequently recorded by the Town Clerk at the Santa Clara County Office of the Clerk-Recorder, prior to the issuance of any permits. 69. GENERAL LIABILITY INSURANCE: The property owner shall provide proof of insurance to the Town on a yearly basis. In addition to general coverage, the policy must cover all elements encroaching into the Town’s right-of-way. 70. PUBLIC WORKS INSPECTIONS: The Owner, Applicant and/or Developer 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. 71. RESTORATION OF PUBLIC IMPROVEMENTS: The Owner, Applicant and/or Developer or their representative shall repair or replace all existing improvements not designated for removal that are damaged or removed because of the Owner, Applicant and/or Developer or their representative'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 Page 27 of 45 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 Owner, Applicant and/or Developer or their representative shall request a walk-through with the Engineering Construction Inspector before the start of construction to verify existing conditions. 72. SITE SUPERVISION: The General Contractor shall provide qualified supervision on the job site at all times during construction. 73. 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. 74. 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. 75. INSPECTION FEES: Inspection fees shall be deposited with the Town prior to the issuance of any permits or recordation of the Final Map. 76. DESIGN CHANGES: Any proposed changes to the approved plans shall be subject to the approval of the Town prior to the commencement of any and all altered work. The Owner, Applicant and/or Developer’s project engineer shall notify, in wr iting, the Town Engineer at least seventy-two (72) hours in advance of all the proposed changes. Any approved changes shall be incorporated into the final “as -built” plans. 77. PARKING: Any proposed parking restriction must be approved by The Town of Los Gatos, Community Development Department. 78. GATE: New gate(s) providing access from a road to a driveway shall be located at least 35 feet from the roadway and shall open to allow a vehicle to stop without obstructing traffic on the road. Where a one-way road with a single traffic lane provides access to a gate entrance, a 38 foot turning radius shall be used. Gate(s) shall be automatic or manual operated, a minimum of 24 feet in width, with a setback of 35 feet from face of curb/flow line. Gate access shall be equipped with a rapid entry system. Plans shall be submitted to the Santa Clara County Fire Department for approval prior to installation. Automatic/manual gate pins shall be rated with shear pin force, not to exceed 30 foot pounds. Automatic gates shall be equipped with emergency backup power. Gates activated by the rapid entry system shall remain open until closed by the rapid entry system. 79. 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. Additionally, any post -project traffic or parking counts, or other Page 28 of 45 studies imposed by the Planning Commission or Town Council shall be funded by the Applicant. 80. GRADING PERMIT: A grading permit is required for all site grading and drainage work 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(s), 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). Prior to Engineering signing off and closing out on the issued grading permit, the Owner/Applicant/Developer’s soils engineer shall verify, with a stamped and signed letter, that the grading activities were completed per plans and per the requirements as noted in the soils report. A separate building permit, issued by the Building Department on E. Main Street, is needed for grading within the building footprint. 81. ILLEGAL GRADING: Per the Town’s Comprehensive Fee Schedule, applicatio ns for work unlawfully completed shall be charged double the current fee. As a result, the required grading permit fees associated with an application for grading proposed will be charged accordingly. 82. GRADING ACTIVITY RESTRICTIONS: Upon receipt of a grading permit, any and all grading activities and operations shall not commence until after the rainy season, as defined by Town Code of the Town of Los Gatos, Sec. 12.10.020, (October 15 -April 15), has ended. 83. COMPLIANCE WITH HILLSIDE DEVELOPMENT STANDARDS AND GUIDELINES: All grading activities and operations shall be in compliance with Section III of the Town’s Hillside Development Standards and Guidelines. All development shall be in compliance with Section II of the Town’s Hillside Development Standards and Guidelines. 84. DRIVEWAYS: The driveways shall be constructed in a manner such that the existing drainage patterns will not be obstructed. 85. CONSTRUCTION EASEMENT: Prior to the issuance of a grading permit, it shall be the sole responsibility of the Owner, Applicant and/or Developer to obtain any and all proposed or required easements and/or permissions necessary to perform the grading herein proposed. Proof of agreement/approval is required prior to the issuance of any Permit. 86. DRAINAGE STUDY: Prior to the issuance of any grading permits, the following drainage Page 29 of 45 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 d iversions; 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. 87. DRAINAGE IMPROVEMENT: Prior to the recordation of a subdivision map (except maps for financing and conveyance purposes only) or prior to the issuance of any grading/improvement permits, whichever comes first, the Owner, Applicant and/or Developer 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. 88. TREE REMOVAL: Copies of all necessary tree removal permits shall be provided prior to the issuance of a grading permit/building permit. 89. 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. 90. PAD CERTIFICATION: A letter from a licensed land surveyor shall be provided st ating 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. 91. PRECONSTRUCTION MEETING: Prior to issuance of any permit or the commencement of any site work, the general contractor shall: a. Along with the project applicant, attend a pre -construction meeting with the Town Engineer to discuss the project conditions of approval, working hours, site maintenance and other construction matters; b. Acknowledge in writing that they have read and understand the project conditions of approval and will make certain that all project sub -contractors have read and understand them as well prior to commencing any work, and that a copy of the Page 30 of 45 project conditions of approval will be posted on-site at all times during construction. 92. 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. SUBDIVISIONS/MAPS: 93. GENERAL: The Owner, Applicant and/or Developer shall comply with all Town, County, State and Federal laws and regulations applicable to this land division. No other proposed development is included in this particular application of the Certificate of Compliance. Issuance of a Certificate of Compliance will acknowledge the Town’s acceptance of the parcel as legally created in accordance with the Subdivision Map Act. Any subsequent development will be required to demonstrate compliance with the Town Development Standards and Codes. 94. CERTIFICATE OF COMPLIANCE: A Certificate of compliance shall be recorded. Two (2) copies of the legal description for each lot configuration, a plat map (8 -½ 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 prior to the issuance of any permits. 95. FINAL MAP: A final map shall be recorded. Two (2) copies of t he final map shall be submitted to the Engineering Division of the Parks and Public Works Department for review and approval. Submittal shall include closure calculations, title reports and the appropriate fee. The map shall be recorded prior to the issu ance of any permits. The Applicant/Subdivider shall provide the Engineering Division with an electronic copy (in PDF format) and two hardcopies of the signed recorded map along with a CAD drawing of the Parcel Map after it is recorded. 96. WEST VALLEY SANITATION DISTRICT: All sewer connection and treatment plant capacity fees shall be paid either immediately prior to the recordation of any subdivision or tract maps with respect to the subject property or properties or immediately prior to the issuance of a sewer connection permit, which ever event occurs first. Written confirmation of payment of these fees shall be provided prior to map recordation. 97. PRIVATE UTILITIES–STREET: Prior to the recordation of a subdivision map the Applicant/Subdivider shall place a note on the map, in a manner that meets the approval of the Town Engineer that states: "The private streets, utilities constructed Page 31 of 45 within this map shall be owned, operated and maintained by the Developer, successors or assigns.” 98. DEDICATIONS: The following shall be dedicated on the final map by separate instrument. The dedication shall be recorded before any permits are issued: a. Public Service Easement, ingress-egress, storm drainage and sanitary sewer easements, as required. b. Trail Easement: Fifteen (15) feet wide, as shown on the site map. c. Emergency Access Easement: Twenty (20) feet wide, from the end of Brooke Acres Dr to Private Street A . GEOLOGICAL AND GEOLOGY: 99. 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. 100. 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. 101. SOILS REVIEW: Prior to issuance of any permits, the Applicant’s engineers shall prepare and submit a design-level geotechnical and 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 submitting a Plan Review Letter prior to issuance of building permit(s). 102. SOILS ENGINEER CONSTRUCTION OBSERVATION: During construction, all excavations and grading shall be inspected by the Owner, Applicant and/or Developer’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 Page 32 of 45 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. 103. SOIL RECOMMENDATIONS: The project shall incorporate the geotechnical/geological recommendations contained in the Geotechnical Investigation for Proposed New Subdivision at the dodge Family Subdivision by GeoForensics, Inc, dated December 2010, 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 Owner, Applicant and/or Developer. 104. SUPPLEMENTAL GEOLOGIC AND GEOTECHNICAL STUDIES: Supplemental geologic and geotechnical engineering studies shall be performed in support of the design of the infrastructure and the residences, and the reports and plans shall be submitted to th e Town for review. IMPROVEMENT PLANS: 105. IMPROVEMENTS AGREEMENT: The Owner, Applicant and/or Developer shall enter into an agreement to construct public improvements that are part of the development in a form acceptable to the Town in the amount of 100% (per formance) and 100% (labor and materials) prior to issuance of any permit. The Applicant shall provide two (2) copies of documents verifying the cost of the public improvements to the satisfaction of the Engineering Division of the Parks and Public Works Department. 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 permit. 106. JOINT TRENCH PLANS: Joint trench plans shall be reviewed and approved by the Town prior to recordation of a map. The joint trench plans shall include street and/or site lighting and associated photometrics. A letter shall be provided by PG&E stating that public street light billing will by Rule LS2A, and that private lights shall be meter ed with billing to the homeowners association. Pole numbers, assigned by PG&E, shall be clearly delineated on the plans. 107. WATER DESIGN: In the event of any required improvements to the existing water service and/or meter, water plans prepared by San Jose Water Company must be reviewed and approved prior to issuance of any permit. 108. PUBLIC IMPROVEMENTS: The following improvements shall be installed by the Owner, Applicant and/or Developer. Plans for those improvements shall be prepared by a California registered civil engineer, reviewed and approved by the Town, and guaranteed by contract, Faithful Performance Security and Labor & Materials Security before the issuance of a building permit or the recordation of a map. The Page 33 of 45 improvements must be completed and accepted by the Town before a Certificate of Occupancy for any new building can be issued. a. Private street, curb, gutter, tie-in paving, signing, striping, storm drainage and sanitary sewers, as required. 109. UTILITIES: The Owner, Applicant and/or Developer shall install all new, relocated, or temporarily removed utility services, including telephone, electric power and all other communications lines underground, as required by Town Code Section 27.50.015(b). All new utility services shall be placed underground. Underground conduit shall be provided for cable television service. The Owner, Applicant and/or Developer is required to obtain approval of all proposed utility alignments from any and all utility service providers before a Certificate of Occupancy for a ny new building can be issued. The Town of Los Gatos does not approve or imply approval for final alignment or design of these facilities. 110. 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. 111. UTILITY EASEMENTS: Deed restrictions shall be placed on lots containing utility easements. The deed restrictions shall specify that no trees, fences, structures or hardscape are allowed within the easement boundaries, and that maintenance access must be provided. The Town will prepare the dee d language and the Owner, Applicant and/or Developer's surveyor shall prepare the legal description and plat. The Owner, Applicant and/or Developer shall pay any recordation costs. 112. PRIVATE EASEMENTS: Agreements detailing rights, limitations and responsibilities of involved parties shall accompany any proposed private easement. Access driveway shall be within the recorded access easement. A new private access easement shall be recorded, and a copy of the recorded agreement shall be submitted to the Enginee ring Division of the Parks and Public Works Department, prior to issuance of building permit or realigned access driveway shall be completed prior to the issuance of building permit. 113. SIDEWALK REPAIR: The Owner, Applicant and/or Developer shall repair and r eplace to existing Town standards any sidewalk damaged now or during construction of this project. All new and existing adjacent infrastructure must meet current ADA standards. Sidewalk repair shall match existing color, texture and design, and shall be constructed per Town Standard Details. New concrete shall be free of stamps, logos, names, graffiti, etc. Any concrete identified that is displaying a stamp or equal shall be removed and Page 34 of 45 replaced at the Contractor’s sole expense and no additional compens ation shall be allowed therefore. The limits of sidewalk repair will be determined by the Engineering Construction Inspector during the construction phase of the project. The improvements must be completed and accepted by the Town before a Certificate of Occupancy for any new building can be issued. 114. CURB AND GUTTER REPAIR: The Owner, Applicant and/or Developer shall repair and replace to existing Town standards any curb and gutter damaged now or during construction of this project. All new and existing a djacent infrastructure must meet Town standards. New curb and gutter shall be constructed per Town Standard Details. New concrete shall be free of stamps, logos, names, graffiti, etc. Any concrete identified that is displaying a stamp or equal shall be r emoved and replaced at the Contractor’s sole expense and no additional compensation shall be allowed therefore. The limits of curb and gutter repair will be determined by the Engineering Construction Inspector during the construction phase of the project. The improvements must be completed and accepted by the Town before a Certificate of Occupancy for any new building can be issued. 115. FENCING: Any fencing proposed within two hundred (200) feet of an intersection shall comply with Town Code Section §23.10.080. 116. 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. 117. FENCES: Fences between all adjacent parcels will need to be lo cated 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 iss ued. Waiver of this condition will require signed and notarized letters from all affected neighbors. TRAFFIC AND TRANSPORTATION: 118. USE OF EXISTING ACCESS EASEMENTS: Submittal of recorded documentation of the existing Private Access Easements shall be required to confirm if said easements may be utilized by the development as a means of access. The determination must be finalized prior to the issuance of any permits. 119. TRAFFIC IMPACT MITIGATION FEE: Prior to the issuance of a/any building/grading permit(s), the Owner/Applicant/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 Page 35 of 45 effect at the time the building permit is issued. The amount based on the current resolution is $930/new average daily trip generated. The fee shall be paid before issuance of a/any building/grading permit(s). 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. 120. PRECONSTRUCTION PAVEMENT SURVEY: Prior to issuance of a Grading Permit, the project applicant shall complete a pavement condition survey documenting the extent of existing pavement defects using a 35-mm, smartphone video (in Landscape orientation only) or digital video camera. The survey shall extend Twin Oaks D r, Longmeadow Dr, Brook Acres Dr, Cerro Vista Ct, and Cerro Vista Dr. In addition, a pavement deflection analysis conforming to the same limits as the photographic survey shall be performed to determine pavement strength. The results shall be documented in a report and submitted to the Town for review. 121. POSTCONSTRUCTION PAVEMENT SURVEY: The project applicant shall complete a pavement condition survey and pavement deflection analysis to determine whether road damage occurred as a result of project constructi on and whether there were changes in pavement strength. Rehabilitation improvements required to restore the pavement to pre-construction condition and strength shall be determined using State of California procedures for deflection analysis. The results s hall be documented in a report and submitted to the Town for review and approval before a Certificate of Occupancy for any new building can be issued. The Applicant shall be responsible for completing any required road repairs prior to release of the fait hful performance bond. 122. CONSTRUCTION VEHICLE PARKING: Construction vehicle parking within the public right - of-way will only be allowed if it does not cause access or safety problems as determined by the Town. 123. TRAFFIC CONTROL PLAN: A traffic control plan is required and must be submitted and approved prior to any work in the public right -of-way. This plan shall include, but not be limited to, the following measures: a. Construction activities shall be strategically timed and coordinated to minimize traffic disruption for schools, residents, businesses, special events, and other projects in the area. The schools located on the haul route shall be contacted to help with the coordination of the trucking operation to minimize traffic disruption. b. Flag persons shall be placed at locations necessary to control one-way traffic flow. All flag persons shall have the capability of communicating with each other to coordinate the operation. Page 36 of 45 c. Prior to construction, advance notification of all affected residents and emergency services shall be made regarding one-way operation, specifying dates and hours of operation. 124. CONSTRUCTION TRAFFIC CONTROL: All construction traffic and related vehicular routes, traffic control plan, and applicable pedestrian or traffic detour plans shall be submitted for review and approval by the Town Engineer prior to beginning of any work. 125. 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.), and at other times as specified by the Director of Parks and Public Works. Prior to the issuance of a building permit, the Owner, Applicant and/or Developer or their representative 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 Owner, Applicant and/or Developer 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. 126. 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 Owner, Applicant and/or Developer shall provide written notice twenty-four (24) hours in advance of modified construction hours. Approval of this request is at discretion of the Town. 127. 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 di stances 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. 128. CONSTRUCTION MANAGEMENT PLAN SHEET: Prior to the issuance of any permits, the Owner, Applicant and/or Developer’s design consultant shall submit a construction management plan sheet (full-size) within the plan set that shall incorporate at a minimum the Earth Movement Plan, Traffic Control Plan, Project Schedule, site security Page 37 of 45 fencing, employee parking, construction staging area, materials storage area(s), construction trailer(s), concrete washout(s) and proposed outhouse locations. Please refer to the Town’s Construction Management Plan Guidelines document for additional information. 129. SHARED MAINTENANCE AGREEMENT: The Owner/Applicant/Developer shall record a shared Maintenance Agreement at the time of recordation of the parcel subdivision map. The shared Maintenance Agreement shall be subject to the review and approval of the Town prior to recordation of the parcel map. The owners of the ten (10) properties shall be responsible for the maintenance of all private utilities, wildland fire and buffer areas, storm water treatment facilities and other common areas/facilities within the proposed subdivision. The owners of the ten (10) properties shall be responsible for keeping the private roadway(s) signed, marked, free and clear for fire department access. 130. SHARED PRIVATE STREET: The private street accessing Project Site shall be kept open and in a safe, drive-able condition throughout construction. If temporary closure is needed, then formal written notice shall be provided at least one week in advance of closure. OTHER PERMITS: 131. FISH AND GAME REQUIREMENTS: A “1603” permit shall be obtained for the California Department of Fish and Game for proposed improvements in or near riparian areas within their jurisdiction. A copy of the permit shall be provided to the Parks and Public Works Department before any permits are issued/final or prior to the recordation of any maps. 132. SANTA CLARA VALLEY WATER DISTRICT (SCVWD): Prior to start of any work along or within Santa Clara Valley Water District (SCVWD) right-of-way/easement, the Owner, Applicant and/or Developer shall submit construction plans to SCVWD for review and approval and obtain necessary encroachment permits for the proposed work. A copy of approved encroachment permit is required to be submitted to the Engineering Division of the Parks and Public Works Department prior to Grading Permit issuan ce. 133. JARPA: (The Bay Area Joint Aquatic Resources Permit Application). The Owner, Applicant and/or Developer shall apply for a permit through JARPA for any proposed drainage system within the creek setback. This permit shall be obtained prior to the issuance of any permits. 134. 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. Page 38 of 45 A Sanitary Sewer Clean-out is required for each property at the property line, within one (1) foot of the property line per West Valley Sanitation District Standard Drawing 3, or at a location specified by the Town. 135. 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. STORMWATER MANAGEMENT: 136. STORMWATER MANAGEMENT: Construction activities including but not limited to clearing, stockpiling, grading or excavation of land, which disturbs one (1) acre or more which are part of a larger common plan of development which disturbs less than one (1) acre are required to obtain coverage under the construction general permit with the State Water Resources Control Board. The Owner, Applicant and/or Deve loper is required to provide proof of WDID# and keep a current copy of the storm water pollution prevention plan (SWPPP) on the construction site and shall be made available to the Town of Los Gatos Engineering Division of the Parks and Public Works Department and/or Building Department upon request. 137. BEST MANAGEMENT PRACTICES (BMPs): The Owner, Applicant and/or Developer 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) sh all 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. 138. STORMWATER DEVELOPMENT RUNOFF: All new development and redevelopment projects are subject to the stormwater development runoff requirements. Every Page 39 of 45 Owner, Applicant and/or Developer or their design consultant shall submit a stormwater control plan and implement conditions of approval that reduce stormwater pollutant discharges through the construction, operation and maintenance of treatment measures and other appropriate source control and site design measures. Increases in runoff volume and flows shall be managed in accordance with the development runoff requirements. 139. SITE DESIGN MEASURES: All projects shall incorporate at least one 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 porous or pervious pavement surfaces on the driveway, at a minimum. e. Use landscaping to treat stormwater. 140. UNLAWFUL DISCHARGES: It is unlawful to discharge any wastewater, or cause hazardous domestic waste materials to be deposited in such a manner or location as to constitute a threatened discharge, into storm drains, gutters, creeks or the San Francisco Bay. Unlawful discharges to storm drains include, but are not limited to: discharges from toilets, sinks, industrial processes, cooling systems, boilers, fabric cleaning, equipment cleaning or vehicle cleaning. 141. LANDSCAPING: In finalizing the landscape plan for the biotreatment area(s), it is recommended that the landscape architect ensure that the characteristics of the selected plants are similar to those of the plants listed for use in bioretention areas in Appendix D of the Santa Clara Valley Urban Runoff Pollution Prevention Program (SCVURPPP) C.3 Stormwater Handbook. 142. SOURCE CONTROL MEASURES: Site design and source control measures shall be shown on plan sheets. 143. EROSION CONTROL: Interim and final erosion control plans shall be prepared and submitted to the Engineering Division of the Parks and Public Works Department. A Notice of Intent (NOI) and Storm Water Pollution Prevention Plan (SWPPP) shall be submitted to the San Francisco Bay Regional Water Quality Control Board for projects disturbing more than one (1) acre. A maximum of two (2) weeks is allowed between clearing of an area and stabilizing/building on an area if grading is allowed during the rainy season. Interim erosion control measures, to be carried out during construction and before installation of the final landscaping, shall be included. Interim erosion control method shall include, but are not limited to: silt fences, fiber rolls (with locations and details), erosion control blankets, Town standard seeding specification, Page 40 of 45 filter berms, check dams, retention basins, etc. Provide erosion control measures as needed to protect downstream water quality during winter months. The grading, drainage, erosion control plans and SWPPP shall be in compliance with applicable measures contained in the amended provisions C.3 and C.14 of most current Santa Clara County National Pollutant Discharge Elimination System (NPDES) Municipal Regional Permit (MRP). Monitoring for erosion and sediment control is required and shall be performed by the Qualified SWPPP Developer (QSD) or Qualified SWPPP Practitioner (QSP) as required by the Construction General Permit. Stormwater samples are required for all discharge locations and projects may not exceed limits set forth by the Construction General Permit Numeric Action Levels and/or Numeric Effluent Levels. A Rain Event Action Plan (REAP) must be developed forty -eight (48) hours prior to any likely precipitation even, defined by a fifty (50) percent or greater probability as determined by the National Oceanic and Atmospheric Administration (NOAA), and/or whenever rain is imminent. The QSD or QSP must print and save records of the precipitation forecast for the project location area from (http://www.srh.noaa.gov/forecast) which must accompany monitoring reports and sampling test data. A rain gauge is required on -site. The Town of Los Gatos Engineering Division of the Parks and Public Works Department and the Building Department will conduct periodic NPDES inspections of the site throughout the recognized storm season to verify compliance with the Construction General Permit and Stormwater ordinances and regulations. 144. DUST CONTROL: Blowing dust shall be reduced by timing construction activitie s 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 co nstruction 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 Page 41 of 45 gusts) exceed twenty-five (25) miles per hour (MPH). All trucks hauling soil, sand, or other loose debris shall be covered. 145. DUST CONTROL: The following measures shall be implemented at construction sites greater than four (4) acres in area: a. Hydroseed or apply (non-toxic) soil stabilizers to inactive construction areas (previously graded areas inactive for ten days or more). b. Enclose, cover, water twice daily or apply (non -toxic) soil binders to exposed stockpiles (dirt, sand, etc.). c. Limit traffic speeds on unpaved roads to fifteen (15) miles per hour. d. Install sandbags or other erosion control measures to prevent silt runoff to public roadways. e. Replant vegetation in disturbed areas as quickly as possible. 146. DETAILING OF STORMWATER MANAGEMENT FACILITIES: Prior to the issuance of any permits, all pertinent details of any and all proposed stormwater management facilities, including, but not limited to, ditches, swales, pipes, bubble-ups, dry wells, outfalls, infiltration trenches, detention basins and energy dissipaters, shall be provided on submitted plans, reviewed by the Engineering Division of the Parks and Public Works Department, and approved for implementation. 147. CONSTRUCTION ACTIVITIES: All construction shall conform to the latest requirements of the CASQA Stormwater Best Management Practices Handbooks for Constru ction 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. 148. WATER FEATURES: New swimming pools, hot tubs, spas and/or fountains shall have a connection to the sanitary sewer system, subject to West Valley Sanitation District’s authority and standards, to facilitate draining events. Discharges from this/these feature(s) shall be directed to the sanitary sewer and are not allowed into the storm drain system. 149. 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 Reg ional 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 Page 42 of 45 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. 150. STORM WATER MANAGEMENT PLAN: A storm water management shall be included with the grading permit application for all Group 1 and Group 2 projects as defined in the amended provisions C.3 of the Municipal Regional Stormwater NPDES Permit, Order R2-2015-0049, NPDES Permit No. CAS612008. The plan shall delineate source control measures and BMPs together with the sizing calculations. The plan shall be certified by a professional pre-qualified by the Town. In the event that the storm water measures proposed on the Planning approval differ significantly from those certified on the Building/Grading Permit, the Town may require a modification of the Planning approval prior to release of the Building Permit. The Owner, Applicant and/or Developer may elect to have the Planning submittal certified to avoid this possibility. 151. STORM WATER MANAGEMENT PLAN NOTES: The following note shall be added to the storm water management plan: “The biotreatment soil mix used in all stormwater treatment landscapes shall comply with the specifications in Attachment L of the MRP. Proof of compliance shall be submitted by the Contractor to the Town of Los Gatos a minimum of thirty (30) days prior to delivery of the material to the job site using the Biotreatment Soil Mix Supplier Certification Statement.” 152. STORM WATER MANAGEMENT PLAN CERTIFICATION: Certification from the biotreatment soils provider is required and shall be given to Engineering Division Inspection staff a minimum of thirty (30) days prior to delivery of the material to the job site. Additionally deliver tags from the soil mix shall also be provided to Engineerin g Division Inspection staff. Sample Certification can be found here: 153. http://www.scvurppp-w2k.com/nd_wp.shtml?zoom_highlight=BIOTREATMENT+SOIL. 154. AGREEMENT FOR STORMWATER BEST MANAGEMENT PRACTICES INSPECTION AND MAINTENANCE OBLIGATIONS: The property owner/homeowner’s association shall enter into an agreement with the Town for maintenance of the stormwater filtration devices required to be installed on this project by the Town’s Stormwater Discharge Permit and all current amendments or modifications. The agre ement shall specify that certain routine maintenance shall be performed by the property owner/homeowner’s association and shall specify device maintenance reporting requirements. The agreement shall also specify routine inspection requirements, permits an d payment of fees. The agreement shall be recorded, and a copy of the recorded agreement shall be submitted to the Engineering Division of the Parks and Public Works Department, prior to the release of any occupancy permits. 155. MAINTENANCE OF PRIVATE STREETS: It is the responsibility of the property Page 43 of 45 owner(s)/homeowners association to implement a plan for street sweeping of paved private roads and cleaning of all storm drain inlets. 156. SILT AND MUD IN PUBLIC RIGHT-OF-WAY: It is the responsibility of Contractor an d 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. 157. 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 Owner, Applicant and/or Developer's representative in char ge 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 Developer's expense. GENERAL: 158. COVERED TRUCKS: All trucks transporting materials to and from the site shall be covered. 159. FUTURE STUDIES: Any post-project traffic or parking counts, or other studies imposed by Planning Commission or Town Council shall be funded by the Applicant. 160. UTILITY COMPANY REVIEW: Letters from the electric, telephone, cable, and trash companies indicating that the proposed improvements and easements are acceptable shall be provided prior to the recordation of the final map. 161. ABOVE GROUND UTILITIES: The Owner, Applicant and/or Develop er shall submit a seventy-five (75) percent progress printing to the Town for review of above ground utilities including backflow prevention devices, fire department connections, gas and water meters, off-street valve boxes, hydrants, site lighting, electrical/communication/cable boxes, transformers, and mail boxes. Above ground utilities shall be reviewed and approved by the Community Development Department prior to issuance of any permit. 162. PRIVATE EASEMENTS: Agreements detailing rights, limitations, and r esponsibilities of involved parties shall accompany each private easement. The easements and associated agreements shall be recorded simultaneously with the final map. A copy of the recorded agreement(s) shall be submitted to the Engineering Division of the Parks and Public Works Department prior to the issuance of any permit. 163. PUBLIC STREET LIGHTING: Public street lighting will not be required/allowed per General Plan update and Hillside designation. On -lot lighting shall be incorporated and Page 44 of 45 promoted. TO THE SATISFACTION OF THE SANTA CLARA COUNTY FIRE DEPARTMENT: 164. FIRE APPARATUS (ENGINE) ACCESS ROAD REQUIRED: Provide access roadways with a paved all weather surface, a minimum unobstructed width of 20 feet, vertical clearance of 13 feet 6 inches, minimum circulating turning radius of 36 feet outside and 23 feet inside, and a maximum slope of 15%. For installation guide lines refer to Fire Department Standard Details and Specifications sheet A -1. CFC Sec. 503. 165. FIRE DEPARTMENT (ENGINE) ROADWAY TURNAROUND REQUIRED: Provide an approved fire department engine roadway turnaround with a minimum radius of 36 feet outside and 23 feet inside. Installations shall conform with Fire Department Standard Details and Specification sheet A-1. Cul-De-Sac Diameters shall be no less than 72 feet. CVC Sec. 503. 166. TIMING OF REQUIRED ROADWAY INSTALLATIONS: Required access roads, up through first lift of asphalt, shall be installed and accepted by the Fire Department prior to the start of combustible construction. During constructio n, emergency access roads shall be maintained clear and unimpeded. Note that building permit issuance may be withheld until installations are completed. Temporary access roads may be approved on a case by case basis. CFC Sec. 501. 167. FIRE HYDRANT(S) AVAILABLE: The number of fire hydrants available to a complex or subdivision shall not be less than that determined by spacing requirements listed in CFC Table C105.1 when applied to fire apparatus access roads and perimeter public streets from which fire operations could be conducted. Existing fire hydrants on public streets are allowed to be considered as available. The average spacing between fire hydrants shall not exceed that listed in table C105. Hydrants shall be a maximum of 500 feet from each other, as measured along the curb line. Fire protection water supplies shall be subject to approval by the Santa Clara County Fire Department and shall comply with locally adopted Standards and CFC Sec. 507. 168. TIMING OF REQUIRED WATER SUPPLY INSTALLATIONS: Installations of required fire service(s) and fire hydrant(s)shall be tested and accepted by the Fire Department, prior to the start of framing or delivery of bulk combustible materials. Building permit issuance may be withheld until required installations are completed, tested, and accepted. CFC Sec. 501. Page 45 of 45 SECTION VII This Ordinance was introduced at a regular meeting of the Town Council of the Town of Los Gatos on May 1, 2018, and adopted by the following vote as an ordinance of the Town of Los Gatos at a meeting of the Town Council of the Town of Los Gatos on __________, and becomes effective 30 days after it is adopted. COUNCIL MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: SIGNED: MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA N:\DEV\ORDS\2018\Twin Oaks_Surrey Farm Estates_TC.doc KN O L L S L N MA R C H - MO N T C T MARCHMONT D R BL U E B E R R Y H I L L D R C E R R O V I S T A D R CL O V E R W Y VIEW LN KE N N E D Y KE N N E D Y R D KA R E N CT VISTA C T CE R R O V I S T A D R BROOKE ACRES CT DR LONGMEADO W D R T W I N O A K S D R OLDE CE R R O AC R E S D R BR O O K E TOWN OF LOS GATOS Application No. Change of zoning map amending the Town Zoning Ordinance. Zone Change Prezoning From: RC To: HR-1:PD PD-10-006 A.P.N. #532-16-006 Forwarded by Planning Commission Approved by Town Council Clerk Administrator Date: Mayor Date: February 28, 2018 Ord: Twin Oaks Drive § EXHIBIT A