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Attachment 15 (2) PLANNING COMMISSION CONDITIONS OF APPROVAL – February 13, 2019 – Revised per Planning Commission 11 Peralta Avenue Minor Residential Development Application MR-18-008 Requesting approval for construction of an addition to an existing second story to a pre-1941 single-family residence on property zoned R-1:8. APN 510-42-073. PROPERTY OWNER: Wendy Fan Kandasamy APPLICANT: Tony Jeans TO THE SATISFACTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT: Planning Division 1. APPROVAL: This application shall be completed in accordance with all of the conditions of approval and in substantial compliance with the approved plans (received January 31, 2019). Any changes or modifications to the approved plans and/or business operation shall be approved by the Community Development Director, DRC or the Planning Commission depending on the scope of the changes. 2. EXPIRATION: The approval will expire two years from the approval date pursuant to Section 29.20.320 of the Town Code, unless the approval has been vested. 3. STORY POLES: The story poles on the project site shall be removed within 30 days of approval of the Minor Residential application. 4. DEMOLITION AFFIDAVIT: The Town of Los Gatos Demolition Affidavit shall be reviewed and signed by all involved parties and submitted to Planning staff prior to issuance of building permits. 5. HISTORIC: The plans shall incorporate the recommendations made by the Historic Preservation Committee at the May 23, 2018 meeting and at the January 23, 2019 meeting. 6. GENERAL: All existing trees shown on the plan and trees required to remain or to be planted are specific subjects of approval of this plan, and must remain on the site. 7. TREE REMOVAL PERMIT: A Tree Removal Permit shall be obtained for any trees to be removed, prior to the issuance of a building or grading permit. 8. TREE PROTECTIVE FENCING: Protective tree fencing shall be installed per Town Code prior to issuance of building or demolition plans. 9. TREE STAKING: All newly planted trees shall be double-staked using rubber tree ties. 10. ARBORIST REQUIREMENTS: The developer shall implement, at their cost, all recommendations made by Monarch Consulting Arborists, LLC, identified in the Arborist’s report dated as received July 20, 2018, on file in the Community Development Department. A Compliance Memorandum shall be prepared by the applicant and submitted with the building permit application detailing how the recommendations have or will be addressed. These recommendations must be incorporated in the building permit plans, and completed prior to issuance of a building permit where applicable. a. The Coast Live Oak tree identified as Tree #476 in the arborist report received July 20, 2018 shall remain and be protected per the arborist’s recommendations. b. A licensed arborist shall monitor the Coast Live Oak tree identified as Tree #476 during demolition, construction of the new foundation and relocation of utilities. ATTACHMENT 15 S:\COUNCIL REPORTS\2019\04-02-19\Peralta Ave Appeal\Attachment 15 - Conditions of Approval per February 13, 2019, Planning Commission Approval.docx 11. PRIVACY 1-OBSCURE GLASS: Prior to issuance of a Certificate of Occupancy the two primary exterior doors on the south elevation shall utilize obscured glass to facilitate privacy with the neighboring. 12. PRIVACY 2-FENCING: Prior to issuance of a Certificate of Occupancy a new six-foot wood fence will be built on the southern property line between the existing fence and the Coast Live Oak, Tree #476 per approved development plans. 13. PRIVACY 3- LANDSCAPING: Prior to issuance of a Certificate of Occupancy privacy trees along the southern property line shall be a minimum of 12 feet in height, as shown on the approved plans as follows: a. Six 15-gallon screening shrubs shall be planted (Pittosporum, Podocarpus or equivalent). b. One 24-inch box tree medium evergreen canopy tree shall be planted (Bronze Loquat, Arbutus Marina or equivalent). c. Eight 15-gallon pittosporum or equivalent shall be planted per approved plans. 14. PRIVACY 4- WINDOWS: Window location and size shall be installed per the approved plans to address privacy between properties on the south and north elevations. 15. OUTDOOR LIGHTING: Exterior lighting shall be kept to a minimum, and shall be down directed fixtures that will not reflect or encroach onto adjacent properties. No flood lights shall be used unless it can be demonstrated that they are needed for safety or security. 16. HEIGHT: The maximum height of the building addition shall be a maximum of 30 feet. 17. LEGAL NON-CONFORMING ADU: The maximum size of the legal non-conforming Accessory Dwelling Unit (ADU) located on the below-grade area may not exceed 912 square feet. 18. FRONT YARD LANDSCAPE: Prior to issuance of a Certificate of O ccupancy the front yard must be landscaped. 19. WATER EFFICIENCY LANDSCAPE ORDINANCE: The final landscape plan shall meet the requirements of the Town of Los Gatos Water Conservation Ordinance or the State Water Efficient Landscape Ordinance, whichever is more restrictive. Submittal of a Landscape Documentation Package pursuant to WELO is required prior to issuance of a building permit. 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. A completed WELO Certificate of Completion is required prior to final inspection/certificate of occupancy. 20. TOWN INDEMNITY: Applicants are notified that Town Code Section 1.10.115 requires that any applicant who receives a permit or entitlement from the Town shall defend, indemnify, and hold harmless the Town and its officials in any action brought by a third party to overturn, set aside, or void the permit or entitlement. This requirement is a condition of approval of all such permits and entitlements whether or not expressly set forth in the approval, and may be secured to the satisfaction of the Town Attorney. 21. COMPLIANCE MEMORANDUM: A memorandum shall be prepared and submitted with the building plans detailing how the Conditions of Approval will be addressed. 22. GARAGES: Prior to the completion of the project as approved the applicant shall file all necessary applications to take the three existing garages on the subject property and make them into garages which otherwise comply with present requirements, and that action on pursuance of the permit be done forthwith in a responsible time.