2010081606 - Attachment 4TOWN COUNCIL-AUGUST 16, 2010
CONDITIONS OF APPROVAL
15928 Union Avenue
Subdivision Application M-08-13
Architecture and Site Application 5-08-30
Requesting approval to demolish an existing single family residence and to subdivide a .93 acre
parcel into three lots on property zoned R-1:8. No significant environmental impacts have been
identified as a result of this project and a Mitigated Negative Declaration is recommended. APN
527-42-008.
PROPERTY OWNER: 217 O'Connor LLC
APPLICANT: Tony Jeans, T.H.LS. Design
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 listed below and in substantial compliance with the plans
approved by the Planning Commission on June 9, 2010, and noted as received by the
Town on May 20, 2010. Any changes or modifications to the approved plans shall be
approved by the Community Development Director, the Planning Commission or Town
Council depending on the scope of the change(s).
2. EXPIRATION OF APPROVAL. The Subdivision application and related Architecture
& Site application will expire two years from the date of the approval pursuant to Section
29.20.320 of the Town Code unless vested through recordation of a Final Map.
3. 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 maybe secured to the safisfaction of the Town Attorney.
4. ARCHITECTURE AND SITE APPROVAL. Separate Architecture and Site applications
and approvals are required for each new residence.
5. RECYCLING. All wood, metal, glass and aluminum materials generated from the
demolished structure shall be deposited to a company which will recycle the materials.
Receipts from the company(s) accepting these materials, noting type and weight of
material, shall be submitted to the Town prior to the Towns demolition inspection.
6. OUTDOOR LIGHTING. House exterior and landscape lighting shall be kept to a
minimum, and shall be down directed fixtures that will not reflect or encroach onto
adjacent properties.
7. TREE REMOVAL PERMIT. A Tree Removal Permit shall be obtained for trees to be
removed, prior to the issuance of a demolition pernut.
8. REPLACEMENT TREES. Replacement trees shall be planted for trees being removed.
The number and size of new trees shall be determined using the canopy replacement table
in the Town's Tree Protection Ordinance. Required trees shall be planted prior to final
inspection.
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ATTACffi~II:NT 4
9. TREE STAKING. All newly planted trees shall be double-staked using rubber tree ties.
10. TREE PRESERVATION. The Consulting Arborist shall review any revisions to the site
plans and modify recommendations as appropriate as part of the Architecture and Site
review for the new residences. The applicant shall comply with all recommendations
included in the Arbor Resources report dated November 2008 and as may be amended
following review of the revised plans. Tree protection specifications shall be printed on
construction plans.
11. TREE FENCING. Protective tree fencing shall be placed at the drip line of existing trees
prior to issuance of demolition and building permits and shall remain through all phases
of construction. Fencing shall be six foot high cyclone attached to two-inch diameter
steel posts drive 18 inches into the ground and spaced no further than 10 feet apart.
Include a tree protection fencing plan with the construction plans.
12. IRRIGATION SYSTEM. All newly planted landscaping shall be irrigated by an in-
ground irrigation system. Special care shall be taken to avoid irrigation that will
endanger existing native trees and vegetation.
13. BIOLOGICAL RESOURCES MITIGATION MEASURE. Tree/vegetation removal
activities shall be avoided during the breeding bird and bat season (January 1 to August
31). If tree/vegetation removal cannot take place after August and before January, a
qualified biologist shall conduct breeding bird surveys and roosting bat surveys no more
than 15 days prior to project activities to determine whether nesting or roosting activity is
taking place on the property. If nesting/roosting activity is observed, active nest/roost
trees and structures shall be avoided until a qualified biologist has determined that any
young birds have fledged or young bats are able to fly from roost sites. CDFG
representatives shall be contacted to assist in the establishment of an appropriate buffer
zone around active nest/roosting trees and/or structures if work cannot be postponed until
young birds and/or bats are able to fly. If nesting/roosting activity is not observed during
the bird and bat breeding seasons, tree/vegetation removal activities shall be conducted as
soon as possible after surveys have been completed.
14. WOODRAT GENETIC SAMPLE. In consultation with a representative of CDFG, a
qualified biologist shall collect a genetic sample from the woodrat colony.
15. WOODRAT HABITAT. Woodrat nest/house structures shall be avoided as much as
possible and as much woodrat habitat and resources (blackberries, seed-bearing plants,
fiuit and oak trees) within the project site shall be retained as is feasible. Install a
temporary exclusion zone and buffer (10 feet minimum is preferable) between the area of
disturbance and the woodrat nest/house structures. Retain vegetation within the buffer
area, and upon completion of construction, enhance the buffer between Parcel 3 and the
southern property boundary and any additional available adjacent open space with native
and fruit-baring vegetation that the woodrats may utilize for additional cover, nest
construction, and/or foraging (e.g. Pacific blackberry and coast live oak).
16. WOODRAT RELOCATION. If avoidance and buffering of the woodrat colony is not
feasible, the applicant shall coordinate with a CDFG representative to arrange for a
qualified biologist to capture and relocate the woodrats to a wildlife rescue or living
natural history museum facility for educational purposes.
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17. CULTURAL RESOURCES-1. In the event that archaeological resources or human
remains are accidentally encountered during construction, all construction within a 50-
meter radius of the find shall be halted, the Community Development Director notified,
and an archaeologist shall be retained to examine the find and make appropriate
recommendations. If the find is determined to be significant, appropriate mitigation
measures shall be formulated and implemented, in conformance with the protocol set
forth in Public Resources Code Section 21083.2.
18. CULTURAL RESOURCES-2. If human remains are discovered, the Santa Clara County
Coroner shall be notified to and provisions of Public Resources Code 5097.98-99, Health
and Safety Code 7050.5 shall be carried out. If the remains are determined to be Native
American, the Native American Heritage Commission (NAHC) shall be notified within
24 hours as required by Public Resources Code 5097. The NAHC will notify designated
"Most Likely Descendents" who will provide recommendations for the treatment of the
remains within 48 hours of being granted access to the site. The NAHC will mediate any
disputes regarding treatment of remains. A final report shall be prepared when a find is
determined to be a significant archaeological site, and/or when Native American remains
are found on the site 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.
Building Division
19. DEMOLITION REQUIREMENTS: Obtain a Building Department Demolition
Application and a Bay Area Air Quality Management Application from the Building
Department Service Counter. Once the demolition form has been completed, all
signatures obtained, and written verification from PG&E that all utilities have been
disconnected, return the completed from to the Building Department Service Counter
with the J# Certificate, PG&E verification, and three (3) sets of site plans to include all
existing structures, existing utility service lines such as water, sewer, and PG&E. No
demolifion work shall be done without first obtaining a permit from the Town.
20. HOUSE NUMBERS: Submit requests for new house numbers/suite numbers to the
Building Division prior to submitting for the building permit application process.
21. SIZE OF PLANS: Four sets of construction plans, maximum size 24" x 36."
22. NONPOINT SOURCE POLLUTION STANDARDS SHEET: The Town standard Santa
Clara County Valley Nonpoint Source Pollution Control Program Sheet (or Clean Bay
Sheet 24x36) shall be part of the plan submittal as the second page. The specification
sheet is available at the Building Division Service Counter for a fee of $2 or at San Jose
Blue Print for a fee.
23. APPROVALS REQUIRED: The project requires the following departments and
agencies approval before issuing a building permit:
a. Community Development -Planning Division: Suzanne Davis at 408-354-6875
b. Parks & Public Works Department -Engineering Division: Fletcher Parsons at
408-395-3460
c. Santa Clara County Fire Deparhnent: 408-378-4010
d. Bay Area Air Quality Management District: 415-771-6000
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TO THE SATFISFATION OF THE DIRECTOR OF PARKS & PUBLIC WORKS
Engineering Division
24. DEVELOPMENT AGREEMENT. The Applicant shall enter an agreement to construct
public improvements in accordance with Town Code §24.40.020.
25. PUBLIC IMPROVEMENT SECURITY. The applicant shall supply suitable securities
for all public improvements that are a part of the development in a form acceptable to the
Town in the amount of 100% (performance) and 100% (labor and material) prior to
issuance of any perrnit. 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.
26. FINAL PARCEL MAP. A final map or multiple parcel maps shall be recorded. Parcel
maps(s) shall be in substantial conformance to the approved Tentative Map and shall be
prepared, wet signed and sealed by a civil engineer or land surveyor registered in the
State of California and licensed to prepare final maps. Two copies of the final map shall
be submitted to the Engineering Division of the Parks & Public Works Department for
review and approval. Submittal shall include closure calculations, title reports and
appropriate fee. The map shall be recorded before any permits are issued.
27. DEDICATIONS. The following shall be dedicated on the final parcel map by separate
instrument. The dedication shall be recorded before any permits are issued.
a. Union Avenue. A 45-foot half-street right-of-way.
b. Panorama Way. Street right-of--way turning circle with a minimum radius of 37
feet.
c. Public Service Easement (PSE). Ten (10) feet wide, next to Union Avenue and
Panorama Way right-of--way.
d. Ingress-egress, storm drainage, sanitary sewer easements and private access
driveway, as required. A deed restriction will be required for affected lots.
28. PRIVATE EASEMENTS. Agreements detailing rights, limitations and responsibilities
of involved parties shall accompany each private easement. The easements and
associated agreements shall be recorded simultaneously with the final map.
29. 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 recordation of the final map.
30. ABOVE GROUND UTILITIES. The applicant shall submit a 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 Community
Development prior to issuance of any permit.
31. 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.
32. PUBLIC WORKS INSPECTIONS. The developer or his representative shall notify the
Engineering Inspector at least twenty-four (24) hours before starting any work pertaining
to on-site drainage facilities, grading or paving, and all work in the Town's right-of--way.
Failure to do so will result in rejection of work that went on without inspection.
33. SITE SUPERVISION. The General Contractor shall provide qualified supervision on the
job site at all times during construction.
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34. UNION AVENUE DRIVEWAY. New driveway(s) on Union Avenue shall be designed
with an on-site turnaround so vehicles do not have to back out onto the roadway. The
driveway design shall be approved during the Architecture and Site review.
35. GRADING PERMIT. A grading permit is required for site grading and drainage. The
grading permit application (with grading plans) shall be made to the Engineering
Division of the Parks & Public Works Department located at 41 Miles Avenue. The
grading plans shall include final grading, drainage, retaining wall location, driveway,
utilities, and interim erosion control. Grading plans shall list earthwork quantities and a
table of existing and proposed impervious areas. Unless specifically allowed by the
Director of Parks and Public Works, the grading permit will be issued concurrently with
the building permit. The grading permit is for work outside the building footprint(s). A
separate building pernut, issued by the Building Department on E. Main Street is needed
for grading within the building footprint.
36. TREE REMOVAL. Copies of all necessary tree removal permits shall be provided prior
to issuance of a grading permit.
37. 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
38. SOILS ENGINEER CONSTRUCTION OBSERVATION. During construction, all
excavations and grading shall be inspected by the applicant's soils engineer prior to
placement of concrete and/or backfill so they can verify that the actual conditions are as
anticipated in the design-level geotechnical report, and recommend appropriate changes
in the recommendations contained in the report, if necessary. The results of the
construction observation and testing should be documented in an "as-built" letter/report
prepared by the applicants' soils engineer and submitted to the Town before final release
of any occupancy permit is granted.
39. PAD CERTIFICATION. A letter from a licensed land surveyor shall be provided stating
that the building foundation was constructed in accordance with the approved plans shall
be provided subsequent to foundation construction and prior to construction on the
structure. The pad certification shall address both vertical and horizontal foundation
placement.
40. 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.
41. 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 apre-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 prior to commencing work and that a copy of the project
conditions of approval will be posted on site at all times during construction.
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42. SOILS REPORT. One copy of the soils and geologic report shall be submitted with the
grading permit and public improvement 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.
43. SOILS REVIEW. Prior to issuance of any permit, 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. The applicant's soils engineer's
approval shall then be conveyed to the Town either by letter or by signing the plans.
44. DEMOLITION. The existing building shall be demolished prior to recordation of the
Final Map.
45. 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 metered with
billing to the homeowners association. Pole numbers, assigned by PG&E, shall be clearly
delineated on the plans.
46. WATER DESIGN. Water plans prepared by San Jose Water Company must be reviewed
and approved prior to issuance of any permit.
47. PUBLIC IMPROVEMENTS. The following improvements shall be installed by the
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 improvements must be completed and accepted
per the schedule identified in each sub-item by the Town before a Certificate of
Occupancy for any new building can be issued.
a. Union Avenue. Curb, gutter, sidewalk, street lights, tie-in paving signing,
striping, storm drainage and sanitary sewers, as required -Improvements must be
completed prior to occupancy of the second new residence. Any improvements
(including utility poles, guy wires, etc) on Union Ave shall not extend any further
south on Union than the proposed barricade as shown on the proposed
Preliminary Development Plan dated 4/5/10.
b. Panorama Way. Curb, gutter, sidewalk, street lights, cul-de-sac, tie-in paving
signing, striping, storm drainage and sanitary sewers, as required -Improvements
must be completed prior to occupancy of the first new residence.
48. FRONTAGE IMPROVEMENTS. Applicant shall be required to improve the project's
public frontage to current Town Standards. These improvements may include but not be
lhnited to curb, gutter, sidewalk, driveway approaches, curb ramps, traffic signal, street
lighting etc.
49. PUBLIC IMPROVEMENTS SECURITY. The applicant shall provide suitable securities
for all public improvements that are a part of the development in a form acceptable to the
Town in the amount of 100% performance and 100% labor and material prior to issuance
of any permits. The applicant shall provide two (2) copies of documents verifying the
cost of the public improvements to the satisfaction of the Engineering Division.
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50. TRAFFIC IMPACT MITIGATION FEE (RESIDENTIAL). The developer shall pay a
proportional the project's share of transportation improvements needed to serve
cumulative development within the Town of Los Gatos. The fee amount will be based
upon the Town Council resolution in effect at the time the building permit is issued. The
fee shall be paid before issuance of a building permit. The traffic impact mitigation fee
for this project using the current fee schedule is $5,742. The final fee shall be calculated
form the final plans using the rate schedule in effect at the time the building permit is
issued. A full credit shall be proved against the first requested occupancy to account for
the existing single family home.
51. DESIGN CHANGES. The Applicant's registered Engineer shall notify the Town
Engineer, in writing, at least 72 hours in advance of all differences between the proposed
work and the design indicated on the plans. Any proposed changes shall be subject to the
approval of the Town before altered work is started. Any approved changes shall be
incorporated into the final "as-built" drawings.
52. GENERAL. All public improvements shall be made according to the latest adopted
Town Standard Drawings and the Town Standard Specifications. All work shall conform
to the applicable Town ordinances. The adjacent public right-of--way shall be kept clear
of all job related dirt and debris at the end of the day. Dirt and debris shall not be washed
into storm drainage facilities. The storing of goods and materials on the sidewalk and/or
the street will not be allowed unless a special permit is issued. The developer's
representative in charge shall be at the job site during all working hours. Failure to
maintain the public right-of--way according to this condition may result in the Town
performing the required maintenance at the developer's expense.
53. EROSION CONTROL. Interim and final erosion control plans shall be prepared and
submitted to the Engineering Division of the Parks & 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 acre. A maximum of two 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 tamed 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, 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 Order No. R2-2005-0035 of the amended Santa Clara County
NPDES Permit.
54. DUST CONTROL. Blowing dust shall be reduced by timing construction activities so
that paving and building construction begin as soon as possible after completion of
grading, and by landscaping disturbed soils as soon as possible. Further, water trucks
shall be present and in use at the construction site. All portions of the site subject to
blowing dust shall be watered as often as deemed necessary by the Town, or a minimum
of three times daily, or apply (non-toxic) soil stabilizers on all unpaved access roads,
parking areas, and staging areas at construction sites in order to insure proper control of
blowing dust for the duration of the project. Watering on public streets shall not occur.
Streets will be cleaned by street sweepers or by hand as often as deemed necessary by the
Town Engineer, or at least once a day. Watering associated with on-site construcfion
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activity shall take place between the hours of 8 a.m. and 5 p.m. and shall include at least
one late-afternoon watering to minimize the effects of blowing dust. All public streets
soiled or littered due to this construction activity shall be cleaned and swept on a daily
basis during the workweek to the satisfaction of the Town. Demolition or earthwork
acfivities shall be halted when wind speeds (instantaneous gusts) exceed 25 MPH. All
trucks hauling soil, sand, or other loose debris shall be covered.
55. CONSTRUCTION MANAGEMENT PLAN. The Applicant shall submit a construction
management plan that shall incorporate at a minimum the Earth Movement Plan, Traffic
Control Plan, Project Schedule, site security fencing, employee parking, construction
staging area, construction trailer, and proposed outhouse locations.
56. CONSTRUCTION STREET PARKING. No vehicle having a manufacturer's rated gross
vehicle weight exceeding ten thousand (10,000) pounds shall be allowed to park on the
portion of a street which abuts property in a residential zone without prior approval from
the Town Engineer (§ 15.40.070).
57. SPI'E DRAINAGE. Rainwater leaders shall be discharged to splash blocks. No through
curb drains will be allowed.
58. 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.d. of Order No. R2-2005-0035 of the amended
Santa Clara County NPDES Permit No. CAS029718. The plan shall delineate source
control measures and BMP's together with the sizing calculations. The plan shall be
certified by a professional pre-qualified by the Town (a deposit for consultant review will
be required for this work). In the event that storm water measures proposed on the
Planning approval differ sigcrificantly 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 applicant may elect to have the Planning submittal certified to
avoid this possibility.
59. AGREEMENT FOR STORMWATER BEST MANAGEMENT PRACTICES
INSPECTION & MAINTENANCE OBLIGATIONS. The property owner or
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 Town's
Stormwater Discharge Permit No. CAS029718 and modified by Order No. 82-2005-
0035. The agreement will specify that certain routine maintenance shall be performed by
the property owner*homeowner's association and will specify device maintenance
reporting requirements. The agreement will also specify routine inspection requirements,
permits and payment of fees. The agreement shall be recorded prior to release of any
occupancy permits.
60. SILT AND MUD IN PUBLIC RIGHT-OF-WAY. It is the responsibility of contractor
and home owner to make sure that all dirt tracked into the public right-of--way is cleaned
up on a daily basis. Mud, silt, concrete and other construction debris SHALL NOT be
washed into the Town's storm drains.
61. UTILITIES. The developer shall install all utility services, including telephone, electric
power and all other communications lines underground, as required by Town Code
§27.50.015(b). All new utility services shall be placed underground. Underground
conduit shall be provided for cable television service.
62. FENCING. Any fencing proposed within 200-feet of an intersection shall comply with
Town Code Section 23.10.080.
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63. AS-BUILT PLANS. After completion of the construction of all work, the original plans
shall have all changes (change orders and field changes) clearly marked. The "as-built"
plans shall again be signed and "wet-stamped" by the civil engineer who prepared the
plans, attesting to the changes. The original "as-built" plans shall be review and
approved the Engineering Inspector. A Mylar and AutoCAD disk of the approved "as-
built" plans shall be provided to the Town before the Faithful Performance Security or
Occupancy Permit is released. The AutoCAD file shall include only the following
information and shall conform to the layer naming convention: a) Building Outline,
Layer: BLDG-OUTLINE; b) Driveway, Layer: DRIVEWAY; c) Retaining Wall, Layer:
RETAINING WALL; d) Swimming Pool, Layer: SWIlVIMING-POOL; e) Tennis Court,
Layer: TENNIS-COURT; f) Property Line, Layer: PROPERTY-LINE; g) Contours,
Layer: NEWCONTOUR. All as-built digital files must be on the same coordinate basis as
the Town's survey control network and shall be submitted in AutoCAD version 2000 or
higher.
64. RESTORATION OF PUBLIC IMPROVEMENTS. The developer shall repair or replace
all existing improvements not designated for removal that are damaged or removed
because of developer'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. 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. Developer shall request awalk-through with the
Engineering Construction Inspector before the start of construction to verify existing
conditions.
65. SANITARY SEWER LATERAL. Sanitary sewer laterals are televised by West Valley
Sanitation District and approved by the Town of Los Gatos before they are used or
reused. Install a sanitary sewer lateral clean-out at the property line.
66. 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 Administrative (Sec. 6.50.025). 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 section 103(e) of the Uniform Plumbing Code adopted by section
6.50.010 of the Town Code and maintain such device in a functional operating condition.
Evidence of West Valley Sanitation District's decision on whether a backwater device is
needed shall be provided prior to issuance of a building permit.
67. WEST VALLEY SANITATION DISTRICT. All sewer connection and treatment plant
capacity fees shall be paid either immediately prior to recordation of any subdivision or
tract map with respect to the subject property, or immediately prior to issuance of a sewer
connection permit, whichever event occurs first. Written confirmation of payment of
these fees shall be provided prior to map recordation.
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68. 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. If the device is located within a structure
on the property, the measurement shall be made at distances as close to twenty-five (25)
feet from the device as possible. The noise level at any point outside of the property
plane shall not exceed eighty-five (85) dBA.
69. HAULING OF SOIL. Hauling of soil on or off-site shall not occur during the morning or
evening peak periods (between 7:00 a.m. and 9:00 a.m. and between 4:00 p.m. and 6:00
p.m.). Prior to the issuance of a building permit, the developer shall work with the Town
Building and Engineering Department Engineering Inspectors to devise a traffic control
plan to ensure safe and efficient traffic flow under periods when soil is hauled on or off
the project site. This may include, but is not limited to provisions for the
developer/owner to place construction notification signs noting the dates and time of
construction and hauling activities, or providing additional traffic control. Cover all
trucks hauling soil, sand, and other loose debris or require all trucks to maintain at least
two feet of freeboard.
70. GOOD HOUSEKEEPING. Good housekeeping practices shall be observed at all times
during the course of construction. Superintendence of construction shall be diligently
performed by a person or persons authorized to do so at all times during working hours.
The storing of goods and/or materials on the sidewalk and/or the street will not be
allowed unless a special permit is issued by the Engineering Division.
TO THE SATISFACTION OF THE SANTA CLARA COUNTY FIRE DEPARTMENT:
71. PUBLIC FIRE HYDRANT(S) REQUIRED. Provide pubic fire hydrant(s) at location(s)
to be determined jointly by the Fire Department and San Jose Water Company.
Maximum hydrant spacing shall be 600 feet, with a minimum single hydrant flow of
1,500 GPM at 20 psi residual. If area fire hydrants exist, reflect their location on the civil
drawings included with the building permit submittal.
72. FIRE HYDRANT LOCATION IDENTIFIER. Prior to final inspection the general
contractor shall ensure that an approved "Blue Dot" fire hydrant location identifier has
been placed in the roadway as directed by the Fire Department.
73. PREMISE IDENTIFICATION. Approved addresses shall be placed on all new buildings
so they are clearly visible and legible from the road they are fronting. Numbers shall be a
minimum of four inches high and shall contrast with their background.
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