Attachment 8CONDITIONS OF APPROVAL —April 22, 2013
For the Architecture and Site Application
219 Bean Avenue
Negative Declaration ND -11 -008
Architecture and Site Application S -12 -098
Requesting approval to allow for the construction of a new Jr. High School. If no
significant environmental impacts are identified as a result of this project, a Mitigated
Negative Declaration will be prepared. APNs 510 -44 -083, 510 -44 -084, & 510 -44 -028.
PROPERTY OWNER: Roman Catholic Bishop of San Jose
APPLICANT: Jeffrey T. Berg, AIA/Steinberg Architects
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 applicable performance standards in the Planned Development,
and in substantial compliance with the plans approved and noted as received by the Town on
January 15, 2013. Any changes or modifications to the approved plans shall be approved by
the Community Development Director, the Development Review Committee, the Planning
Commission, or Town Council, depending on the scope of the changes.
2. PLANNED DEVELOPMENT APPROVAL: This approval is contingent upon the adoption
of Planned Development Application PD -11 -006. This Architecture and Site application
cannot obtain permits for any work related to this application until the Planned Development
Ordinance is effective.
3. 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. The
lighting plan shall be reviewed during building plan check.
4. 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.
5. 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.
6. 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. Include a tree protection fencing plan with the construction plans.
7. ARBORIST RECOMMENDATIONS: All recommendations made by the Town's
Consulting Arborist, Deborah Ellis, shall be implemented to eliminate or minimize
construction - related impacts on the trees to be retained. Recommendations are listed in the
May 1, 2012, October 17, 2012, and January 10, 2013, arborist's reports. The report also
provides recommendations for Protection Measures before and during development,
encompassing fencing, removal of hardscape, demolition, work within tree canopies, etc.
Tree protection specifications shall be printed on the construction plans. 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.
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8. 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.
9. LANDSCAPE WATER EFFICIENCY: This project is subject to the Town's Water Efficient
Landscape Ordinance, Chapter 26, Article IV of the Town Code or the State Water
Efficiency Ordinance, whichever is more restrictive. A fee as established by Town Council
resolution shall be paid when the landscape, irrigation plans, and water calculations are
submitted for review prior to the issuance of building permit.
10. 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.
Building Division
11. PERMITS REQUIRED: A building permit shall be required for the construction of the new
Jr. High School building and a separate building permit to modify the existing Grammar
School building. Separate permits are required for electrical, mechanical, and plumbing work
as necessary.
12. 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.
13. SIZE OF PLANS: Four sets of construction plans, maximum size 24" x 36."
14. SOILS REPORT: A soils report, prepared to the satisfaction of the Building Official,
containing foundation and retaining wall design recommendations is required to be submitted
with the building permit application. This report shall be prepared by a licensed civil
engineer specializing in soils mechanics.
15. FOUNDATION INSPECTIONS: A pad certificate prepared by a licensed civil engineer or
land surveyor shall be submitted to the project building inspector at foundation inspection.
This certificate shall certify compliance with the recommendations as specified in the soils
report and that the building pad elevation, on -site retaining wall locations and elevations have
been prepared according to approved plans. Horizontal and vertical controls shall be set and
certified by a licensed surveyor or registered civil engineer for the following items:
a. Building pad elevation
b. Finish floor elevation
e. Foundation corner locations
d. Retaining Wall's
16. 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.
17. TITLE 24 — COMMERCIAL: The buildings shall comply with the latest California Title 24
Accessibility Standards. Necessary work shall be first investigated by the design Architect,
and then confirmed by Town staff.
18. SPECIAL INSPECTIONS: When a special inspection is required by CBC Section 1704, the
Architect or Engineer of record shall prepare an inspection program that shall be submitted to
the Building Official for approval prior to issuance of the building permit. The Town Special
Inspection form must be completely filled -out, signed by all requested parties, and be blue -
lined on the construction plans. Special Inspection forms are available from the Building
Division Service Counter or online at www.losgatosca.gov /building
19. NONPOINT SOURCE POLLUTION STANDARDS SHEET: The Town standard Santa
Clara County Valley Nonpoint Source Pollution Control Program Sheet (or Clean Bay Sheet
2406) 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 (formerly
known as San Jose Blue Print) for a fee.
20. NPDES -C.3 DATA FORM: A copy of the NPDES C.3 Data Form (updated based on the
final construction drawings) must be blue -lined in full on the plans. In the event that this
data differs significantly from any Planning approvals, the Town may require recertification
of the project's storm water treatment facilities prior to release of the Building Permit.
21. PLANS: The construction plans shall be prepared under the direct supervision of a licensed
Architect or Engineer. (Business and Professionals Code Section 5538)
22. APPROVALS REQUIRED: The project requires the following departments and agencies
.approval before issuing a building permit:
a. Community Development- Planning Division: Jennifer Savage (408) 399 -5702
b. Engineering/Parks & Public Works Department: Maziar Bozorginia (408) 395 -3460
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.
23. *AIR QUALITY MITIGATION MEASURE -1: Basic construction measures. To limit the
project's construction- related dust and criteria pollutant emissions, the following BAAQMD-
recommended Basic Construction Mitigation Measures shall be included in the project's
grading plan, building plans, and contract specifications:
a. All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and
unpaved access roads) shall be watered two times per day.
b. All haul tiucks transporting soil, sand, or other loose material off -site shall be
covered.
c. All visible mud or dirt track -out onto adjacent public roads shall be removed using
wet power vacuum street sweepers at least once per day. The use of dry power
sweeping is prohibited.
d. All vehicle speeds on unpaved roads shall be limited to 15 mph.
e. All roadways, driveways, and sidewalks to be paved shall be completed as soon as
possible.
f. Idling times shall be minimized either by shutting equipment off when not in use or
reducing the maximum idling time to five minutes (as required by the California
airborne toxics control measure Title 13, Section 2485 of California Code of
Regulations [CCR]). Clear signage shall be provided for construction workers at all
access points.
g. All construction equipment shall be maintained and properly tuned in accordance
with manufacturer's specifications. All equipment shall be checked by a certified
mechanic and determined to be running in proper condition prior to operation.
h. Post a publicly visible sign with the telephone number and person to contact at the
Town regarding dust complaints. This person shall respond and take corrective
action within 48 hours. The BAAQMD's phone number shall also be visible to
ensure compliance with applicable regulations.
24. *CULTURAL RESOURCES MITIGATION MEASURE -1: Alert Construction Personnel.
Construction personnel involved with earthmoving shall be alerted to the potential for the
discovery of prehistoric materials and in particular, concentrations of historic artifacts.
Prehistoric archaeological resources could include but not be limited to the following: darker
than surrounding soils of a friable nature, concentrations of stone, bone or fresh water
shellfish, artifacts of these materials, and evidence of fire (ash, charcoal, fire altered earth or
rock) and of course, burials, both human and animal.
25. *CULTURAL RESOURCES MITIGATION MEASURE -2: Halt of Construction If
Archaeological Traces Are Encountered. In the event that archaeological traces are
encountered, all construction within a 20 -foot radius of the find shall be halted, the
Community Development Director shall be notified, and an archaeologist shall be retained to
examine the find and make appropriate recommendations.
26. *CULTURAL RESOURCES MITIGATION MEASURE -3: Plan for Eligible Resources. In
the event that it appears further earthmoving will affect a resource eligible for the California
Register of Historic Resource (CRHR), a plan for evaluation of the resource through limited
hand excavation should be submitted to the Town's Community Development Department
for approval. If evaluative testing demonstrates that the project will affect a CRHR eligible
resource, a plan for the mitigation of impacts to the resource should be submitted to the
Community Development Department for approval before construction is allowed inside the
zone designated as archaeologically sensitive.
27. *CULTURAL RESOURCES MITIGATION MEASURE -4: Preliminary Archaeological
Report. If the Community Development Director finds that the archaeological find is not a
significant resource, work will resume only after the submittal of a preliminary
archaeological report and after provisions for reburial and ongoing monitoring are accepted.
Provisions for identifying descendants of a deceased Native American and for reburial will
follow the protocol set forth in CEQA Guidelines Section 15064.5(e). If the site is found to
be a significant archaeological site, a mitigation program will be prepared and submitted to
the Community Development Director for consideration and approval, in conformance with
the protocol set forth in Public Resources Code Section 21083.2.
28. *CULTURAL RESOURCES MITIGATION MEASURE -5: Final Archaeological Report. A
final report shall be prepared when a find is determined to be a significant archaeological
site, and /or when Native American remains are found on the site. The final report will
include background information on the completed work, a description and list of identified
resources, the disposition and curation of these resources, any testing, other recovered
information, and conclusions.
29. *HAZARDS MITIGATION MEASURE -1: Abatement of Lead -Based Paints. Prior to
proposed building demolition, construction finish materials that are suspect for containing
lead -based paint will be tested, and pending laboratory analysis, will not be subjected to any
process which renders them friable unless proper engineering controls and worker protection
procedures are initiated.
30. *NOISE MITIGATION MEASURE -1: Noise Barrier. To reduce excess noise from the
playfield activity at the residence at 30 Tait Avenue, the project applicant will construct a
six -foot high solid board fence along the property line between the playfield and the home at
30 Tait Avenue. The barrier height is in reference to the nearest playfield ground elevation.
Figure 3 of Attached 5 of the Initial Study delineates the location of the noise control barrier.
The fence will be constructed of minimum 1 -inch thick (nom.) redwood boards nailed tight
such that no gaps are visible. Cracks, gaps, knotholes are no permitted. No openings are
permitted between the upper fence components and the ground.
31. *NOISE MITIGATION MEASURE -2: Recommended Construction Measures. Although
there would be no significant noise impact under CEQA or construction- related noise
mitigation required under CEQA, project - related demolition and construction noise at the site
could be reduced by using quiet or "new technology" equipment. The greatest potential for
noise abatement of current equipment should be the quieting of exhaust noise by use of
improved mufflers. It is recommended that all internal combustion engines used at the
project site be equipped with a type of muffler recommended by the vehicle manufacturer. In
addition, all equipment should be in good mechanical condition so as to minimize noise
created by faulty or poorly maintained engine, drive -train and other components. Demolition
and construction noise could also be mitigated by the following:
a. Schedule construction operations that comply with the limits of the Town of Los
Gatos Noise Ordinance.
b. Limit the use of equipment close to sensitive receptor properties.
c. Utilizing temporary berms or noise barriers, such as lumber or other material
stockpiles and the construction trailers or other non -noisy long -tern structures.
d. Place long -term stationary equipment as far away from the residential areas as
possible.
e. Keep mobile equipment (haul trucks, concrete trucks, etc.) off of local streets as much
as possible.
f. A noise reduction benefit can also be achieved by appropriate selection of equipment
utilized for various operations, subject to equipment availability and cost
considerations, the following recommendations for minimizing impacts on the
surrounding area are offered:
i. Earth Removal: Use scrapers as much as possible for earth removal, rather
than the noisier loaders and hauling trucks.
ii. Ground Preparation: Use a motor grader rather than a bulldozer for final
grading.
iii. Building Construction: Power saws should be shielded or enclosed where
practical to decrease noise emissions. Nail guns should be used where
possible as they are less noisy than manual hammering.
iv. Generators and Compressors: Use generators and compressors that are
housed in acoustical enclosures rather than weather enclosures or none at all.
TO THE SATISFACTION OF THE DIRECTOR OF PARKS AND PUBLIC WORKS:
Engineering Division
32. 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.
33. ENCROACHMENT PERMIT: All work in the public right -of -way will require a
Construction Encroachment Permit. All work over $5,000 will require construction security.
It is the responsibility of the applicant /developer to obtain any necessary encroachment
permits from affected agencies and private parties, including but not limited to, Pacific Gas
and Electric (PG &E), SBC, Comeast, Santa Clara Valley Water District, California
Department of Transportation. Copies of any approvals or permits must be submitted to the
Town Engineering Department prior to releasing of any permit.
34. 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.
35. 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 a walk - through with the Engineering Construction Inspector before
the star of construction to verify existing conditions.
36. SITE SUPERVISION: The General Contractor shall provide qualified supervision on the job
site at all times during construction.
37. STREET /SIDEWALK CLOSURE: Any proposed blockage or partial closure of the 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 mamier may be
required.
38. 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
39. INSPECTION FEES: Inspection fees shall be deposited with the Town prior to issuance of
any Permit or recordation of the Final Map.
40. DESIGN CHANGES: Any proposed changes to the approved plans shall be subject to the
approval of the Town prior to when altered work is stared. The Applicant Project Engineer
shall notify, in writing, the Town Engineer at least 72 hours in advance of all the proposed
changes. Any approved changes shall be incorporated into the final "as- built" plans.
41. 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.
42. GRADING PERMIT: Grading permit is required for all site grading and drainage work
except for exemptions listed in Section 12.20.015 of the Town Grading Ordinance. 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 permit, issued by the
Building Department on E. Main Street is needed for grading within the building footprint.
43. CONSTRUCTION EASEMENT: Prior to the issuance of a grading permit, it shall be the
sole responsibility of the owner /applicant 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 issuance of any Permit.
44. DRAINAGE STUDY: Prior to the issuance of any grading permits, the following drainage
studies shall be submitted to and approved by the Town Engineer: A drainage study of the
project including diversions, off -site areas that drain onto and /or through the project, and
justification of any diversions; a drainage study evidencing that proposed drainage patterns
will not overload existing storm drains; 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.
45. TREE REMOVAL: Copies of all necessary tree removal permits shall be provided prior to
issuance of a grading permit/building permit.
46. 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
47. 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.
48. 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 prior to commencing work and that a copy of the project conditions
of approval will be posted on site at all times during construction.
49. CERTIFICATE OF LOT MERGER: A Certificate of Lot Merger shall be recorded. Two
copies of the legal description for exterior boundary of the merged parcel and a plat map (8-
%2 in. X 1 I in.) shall be submitted to the Engineering Division of the Parks & Public Works
Department for review and approval. The submittal shall include closure calculations, title
reports less than 90 days old and the appropriate fee. The certificate shall be recorded before
any permits may be issued.
50. SOILS REPORT: One copy of the soils report shall be submitted with the grading permit
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.
51. 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.
52. 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.
53. WATER DESIGN: Water plans prepared by SJWC inust be reviewed and approved prior to
issuance of any permit.
54. FRONTAGE IMPROVEMENTS: Applicant shall be required to improve the project's public
frontage to current Town Standards. These improvements may include but not limited to
curb, gutter, sidewalk, driveway approaches, curb ramps, traffic signal, street lighting
(upgrade and /or repaint) etc.
55. UTILITIES: The Developer shall install all new, relocated, or temporarily removed utility
services, including telephone, electric power and• all other communications lines
underground, as required by Town Code Section 27.50.015(b). All new utility services shall
be placed underground. Underground conduit shall be provided for cable television service.
Applicant is required to obtain approval of all proposed utility alignments from any and all
utility service providers. The Town of Los Gatos does not approve or imply approval for
final aligiunent or design of these facilities.
56. SIDEWALK CLOSURE: Any proposed blockage or partial closure of the 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.
57. SIDEWALK REPAIR: The developer shall repair and replace to existing Town standards
any sidewalk damaged now or during construction of this project. Sidewalk repair shall
match existing color, texture and design, and shall be constructed per Town Standard Details.
The limits of sidewalk repair will be determined by the Engineering Construction Inspector
during the construction phase of the project.
58. CURB AND GUTTER: The developer shall repair and replace to existing Town standards
any curb and gutter damaged now or during construction of this project. New curb and gutter
shall be constructed per Town Standard Details. The limits of curb and gutter repair will be
determined by the Engineering Construction Inspector during the construction phase of the
proj ect.
59. DRIVEWAY APPROACH: The developer shall install commercial driveway approach.
The new driveway approach shall be constructed per Town Standard Details.
60. FENCING: Any fencing proposed within 200 -feet of an intersection shall comply with Town
Code Section §23.10.080.
61. SIGHT TRIANGLE AND TRAFFIC VIEW AREA: Any proposed improvements, including
but not limiting to trees and hedges, will need to abide by Town Code Section 23.10.080,
26.10.065, 29.40.030.
62. 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:
SWIMMING -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.
63. TRAFFIC STUDY: Any development of land use that generates greater traffic impacts than
those assumed in the St. Mary's School Expansion Traffic Study (dated July 12, 2012) shall
require an updated traffic study utilizing a methodology approved by the Town. The Town
may impose additional conditions on the applicant or development based on the updated
Town - approved traffic study.
64. CONSTRUCTION TRAFFIC: All construction traffic and related vehicular routes shall be
submitted for review and approval by the Town Engineer prior to issuance of permit.
65. TRAFFIC IMPACT MITIGATION FEE: The developer shall pay a fee proportional to the
project's share of transportation improvement 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 application is made. The fee shall be paid
before the building permit is issued. The traffic impact mitigation fee for this project, using
the current fee schedule and the preliminary plans is $11,494.98. The final fee shall be
calculated from the final plans using the rate schedule in effect at the time of the building
permit application, using a trip generation rate based on commercial use.
66. TRAFFIC IMPACT COMMUNITY BENEFIT: The developer is required to provide
Community Benefit based on the Town Traffic Impact Policy.
67. CONSTRUCTION STREET PARKING: No vehicle having a manufacture's rated gross
vehicle weight exceeding ten thousand (10,000) pounds shall be allowed to park on the
portion of a street which abuts property in a residential zone without prior to approval from
the Town Engineer.
68. TRAFFIC CONTROL PLAN: The project sponsor will be required to work with the
Engineering Division of the Parks and Public Works Department to develop a traffic control
plan for incorporation into the construction bid documents (specifications), and this plan will
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.
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.
d. Prior to construction, the applicant shall provide the naive and contact phone number
of a project point person to the neighbor's.
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. Coordination with other significant projects
in the area may also be required. Cover all trucks hauling soil, sand, and other loose debris
or require all trucks to maintain at least two feet of freeboard.
70. 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.
71. 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. At least half of the construction
employees shall be bussed -in to the site; no more than half of the construction employees
shall park onsite. Construction employee parking shall not be permitted on public streets.
72. WVSD (West Valley Sanitation District): Sanitary sewer laterals are televised by West
Valley Sanitation District and approved by the Town of Los Gatos before they are used or
reused. Sanitary Sewer Clean -out is required for each property at the property line or
location specify by the Town.
73. 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. 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 issuance of a building permit.
74. BEST MANAGEMENT PRACTICES (BMP's): Best Management Practices (BMPs) shall
be maintained and be placed for all areas that have been graded or disturbed and for all
material, equipment and /or operations that need protection. Removal of BMPs (temporary
removal during construction activities) shall be placed at the end of each working day.
75. STORMWATER DEVELOPMENT RUNOFF: All new development and redevelopment
projects subject to the stormwater development runoff requirements. Every applicant 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
76. SITE DESIGN MEASURES: All projects must incorporate the following measures to the
maximum extent practicable:
a. Protect sensitive areas and minimize changes to the natural topography.
b. Minimize impervious surface areas.
c. Direct roof downspouts to vegetated areas where feasible.
d. Use permeable pavement surfaces where feasible.
e. Use landscaping to treat stormwater.
77. DUST CONTROL: Blowing dust shall be reduced by timing construction activities so that
paving and building construction begin as soon as possible after completion of grading, and
by landscaping disturbed soils as soon as possible. Further, water trucks shall be present and
in use at the construction site. All portions of the site subject to blowing dust shall be
watered as often as deemed necessary by the Town, or a minimum of three times daily, or
apply (non- toxic) soil stabilizers on all unpaved access roads, parking areas, and staging
areas at construction sites in order to insure proper control of blowing dust for the duration of
the project. Watering on public streets shall not occur. Streets will be cleaned by street
sweepers or by hand as often as deemed necessary by the Town Engineer, or at least once a
day. Watering associated with on -site construction activity shall take place between the
hours of 8 a.m. and 5 p.m. and shall include at least one late- afternoon watering to minimize
the effects of blowing dust. All public streets soiled or littered due to this construction
activity shall be cleaned and swept on a daily basis during the workweek to the satisfaction of
the Town. Demolition or earthwork activities shall be halted when wind speeds
(instantaneous gusts) exceed 25 MPH. All trucks hauling soil, sand, or other loose debris
shall be covered.
78. CONSTRUCTION ACTIVITIES: All construction shall conform to the latest requirements
of the CASQA Stormwater Best Management Practices Handbooks for Construction
Activities and New Development and Redevelopment, the ABAG Manual of Standards for
Erosion & Sediment Control Measures, 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.
79. SITE DRAINAGE: Rainwater leaders shall be discharged to splash blocks. No through curb
drains will be allowed. Any storm drain inlets (public or private) directly connected to public
storm system shall be stenciled /signed with appropriate "NO DUMPING - Flows to Bay"
NPDES required language. On -site drainage systems for all projects shall include one of the
alternatives included in section C.3.i of the Municipal Regional NPDES Permit. These
include stone water reuse via cisterns or rain barrels, directing runoff from impervious
surfaces to vegetated areas and use of permeable surfaces. If dry wells are to be used they
shall be placed 10' minimum from adjacent property line and /or right of way.
80. STORM WATER MANAGEMENT PLAN: A storm water management shall be included
with the grading pen-nit application for all Group 1 and Group 2 projects as defined in the
amended provisions C.3 of the Municipal Regional Stormwater NPDES Pennit, Order R2-
2009 -074. 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. In
the event that 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 applicant may elect to have
the Planning submittal certified to avoid this possibility.
81. AGREEMENT FOR STORMWATER BEST MANAGEMENT PRACTICES
INSPECTION AND MAINTENANCE OBLIGATIONS: The property owner 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 and all current
amendments or modifications. The agreement will specify that certain routine maintenance
shall be performed by the property owner 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.
82. SILT AND MUD IN PUBLIC RIGHT -OF -WAY: It is the responsibility of contractor and
home owner to snake 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.
83. 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. 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.
84. NEIGHBORHOOD CONSTRUCTION COMMUNICATION PLAN: The applicant shall
initiate a weekly neighborhood e -mail notification program to provide project status updates.
The e -mail notices will also be posted on a bulletin board placed in a prominent location
along the project perimeter. The applicant shall hold a neighborhood meeting prior to
beginning work and provide the name and contact phone number of a project point person to
the neighbor's in the event the neighbors have concerns or questions. The applicant shall
notify Town staff when the neighborhood meeting will be held and provide the name and
contact phone number of a project point person to Town staff.
85. PERMIT ISSUANCE: Permits for each phase; reclamation, landscape, and grading, shall be
issued simultaneously.
86. COVERED TRUCKS: All trucks transporting materials to and from the site shall be covered.
87. 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.
TO THE SATISFACTION OF THE SANTA CLARA COUNTY FIRE DEPARTMENT:
88. FIRE APPARATUS (ENGINE) ACCESS ROADS 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 guidelines refer to Fire
Department Standards Details and Specifications sheet A -1.
89. FIRE LANE MARKING REQUIRED: Provide marking for all roadways within the project.
Markings shall be per fire department specifications. Installations shall also conform to
Local Government Standards and Fire Department Standard Details and SpecificationsA -6.
90. FIRE SPRINKLERS REQUIRED: Approved automatic sprinkler systems in new buildings
and existing buildings and structures shall be provided in the locations described in this
Section or in Sections 903.2.1 through 9032.18 whichever is the more restrictive. For the
purposed of this Section, firewalls used to separate building areas shall be constructed in
accordance with the California building Code and shall be without openings or penetrations.
An automatic fire sprinkler system shall be provided throughout all new buildings and
structures. Exception: Group A, B, E, F,1, L, M, S and U occupancy buildings and structures
that do not exceed 1,000 square feet of building area and that are not located in the Wild
land -Urban Interface Fire Area. Where provisions of this code require that a building or
portion thereof be equipped throughout with an automatic sprinkler system in accordance
with this section, the sprinklers shall be installed throughout in accordance with NFPA 13
except as provided in Section 903.3.1.1.1 and local standards. For new buildings having no
designated use or tenant, the minimum sprinkler design density shall be Ordinary Hazard
Group 2. 912.2 Location. With respect to hydrants, driveways, buildings and landscaping,
fire department connections shall be so located that fire apparatus and hose connected to
supply the system will not obstruct access to the building for other fire apparatus. The
location of fire department connections shall be approved by the fire code official. A State of
California licensed (C -16) Fire Protection Contractor shall submit plans, calculations, a
completed permit application and appropriate fees to the fire department for review and
approval prior to beginning their work.
91. POTABLE WATER SUPPLIES: Potable water supplies shall be protected from
contamination caused by fire protection water supplies. It is the responsibility of the
applicant and any contractors and subcontractors to contact the water purveyor supplying the
site of such project, and to comply with the requirements of that purveyor. Such
requirements shall be incorporated into the design and any water -based fire protection
systems, and /or fire suppression water supply systems or storage containers that may be
physically connected in any manner to an appliance capable of causing contamination of the
potable water supply of the purveyor of record. Final approval of the system(s) under
consideration will not be granted by this office until compliance with the requirements of the
water purveyor of record are documented by that purveyor as having been met by the
applicant(s).
92. PRIVATE ON -SITE STANDPIPE REQUIRED: Provide one private on -site standpipe
installed at a location to be determined by the Fire Department, with a minimum acceptable
flow of 1,000 GPM at 20 psi residual pressure. Prior to design, the project civil engineer
shall meet with the fire department water supply officer to jointly spot the required fire
hydrant locations.
93. EMERGENCY GATE /ACCESS GATE REQUIREMENTS: Gate installations shall conform
with Fire Department Standards Details and Specification G -1 and, when opened shall not
obstruct any portion of the required width for emergency access roadways or driveways.
Locks, if provided, shall be fire department approved prior to installation. Gates across the
emergency access roadways shall be equipped with an approved access device. If the gates
are operated electrically, an approved Knox key switch shall be installed; if they are operated
manually, then approved Knox padlock shall be installed. Gates providing access from a
road to a driveway or other roadway shall be at least 30 feet from the road being exited.
94. CONSTRUCTION SITE FIRE SAFETY: All construction sites must comply with applicable
provisions of the CFC Chapter 14 and the Fire Department's Standards Detail and
Specification SI -7.
95. PREMISES IDENTIFICATION: approved numbers or addresses shall be placed on all new
and existing buildings in such a position as to be plainly visible and legible from the street or
road fronting the property. Numbers shall contrast with their background.
96. ACCESS TO BUILDINGS /LANDSCAPING REQUIREMENTS: Landscaping shall not
obstruct Fire Department ladder access to buildings. The building permit submittal shall
include a landscape drawing which reflects the location of all landscaping, to include how
Fire Department ladder access will be provided around all buildings. Ground- ladder rescue
from second and third floor rooms shall be made possible for fire department operations.
With the climbing angle of seventy five degrees maintained, an approximate walkway width
along either side of the building shall be no less than seven feet clear. Landscaping shall not
be allowed to interfere with the required access. An approved walkway shall be provided on
all sides of the building(s) leading from the fire access roadway to the exterior openings of
the building(s).
97. ROOF ACCESS: Provision shall be made to allow emergency responder access to all
portions of the roof, as approved by the Fire Department.
98. EMERGENCY ACCESS KEY BOX REQUIRED: It is the Santa Clara County Fire
Department's policy that a key box be required for buildings that are equipped with fire
sprinklers and /or fire alarm systems. This policy will only help facilitate the quick
response of emergency crews to the interior of a building.
99. 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.
100. 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 construction, 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.
101. FIRE ALARM SYSTEMS IN PRIVATE SCHOOLS: An automatic fire alarm system
shall be provided in new buildings of private schools. Exception: Automatic detection
devices are not required where an approved automatic sprinkler system is installed in
accordance with (CFC) Section 903.3.1.1 and the occupant notification appliances will
activate on sprinkler water flow and manual activation is provided from a normally
occupied location.
*Required as a Mitigation Measure.
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