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RICK HOPKINS: Right. There isn’t a soil test.
You look at the soils and you say are they hydric, or not? Do they have oxidizing characteristics, or not? And then if they don’t, you just mark that down on a form; you mark yes or no, so there’s no test that you submit to a lab
somewhere. They way you do soil tests is you visually
inspect it, compare it sometimes to a soil chart for
complicated soils, and if you see hydric characteristics in the soil, you mark yes.
COMMISSIONER SORDI: Yes, I get that, and I
understand. I guess it could be just a personal opinion, but if that kind of work to that level of detail is done and it proves a positive or negative, it would just seem that we would have some kind of a test result, or log, or something attached to the report that determines that and confirms it. So, yes, that’s just a statement I had to
make.
I guess when I think about the level of
evaluation and detail by the Regional Water Board, I guess in the past I’ve been under the impression that they had the expertise and the ability to evaluate the hydrological characteristics of an area and make their own determination about whether or not it is in fact an isolated wetland or
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not. It sounds like you’re saying they really don’t; they have to rely on the delineation done by the Army Corps.
RICK HOPKINS: That is correct. They rely on the
Corps’ delineation. They, themselves, while they have a definition of what is a wetland, and definitions of streams and things, they, themselves do not delineate, and in fact, in this case it wouldn’t be a 401 certification, because the Corps will disclaim it. It will be a Water Discharge Permit under Porter-Cologne.
COMMISSIONER SORDI: Right, okay.
RICK HOPKINS: Which is the State act, because
the federal act isn’t involved, so they rely on the State act to issue the permit.
COMMISSIONER SORDI: Okay.
CHAIR BURCH: Can we let Commissioner Thomas
weigh in here very quickly, and then you keep going?
COMMISSIONER THOMAS: In February, when you went
out and looked and saw that there were changes from ten years ago, we didn’t receive any of the information about where any holes were dug or anything to look at the soil and to see what the soil saturation was in that area, so is that information available to us?
RICK HOPKINS: Yes, it was one data sheet. We dug
one pit. As I said, the channel is pretty consistent. It’s
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incised in places, and then water just runs over the
surface in places, and it’s a classic ephemeral stream.
COMMISSIONER THOMAS: Yes. Can you like show us
maybe on the map where the pit was dug? Is that a
possibility?
RICK HOPKINS: I wasn’t with Jeff the whole time,
so I can’t say exactly where, but I’ll get the data sheet and submit it.
COMMISSIONER THOMAS: Okay, thank you. In the
response to the general comments from the Planning
Commission, Comment 2 was all lumped together, and it was:
Did the biologist map vegetation? When did that happen? Where are the areas of soil saturation? Where does that extend to? Where is there standing or seasonal water
present? And where are the edge and boundary of these
areas?
In the response to Comment 2, I understand that
there were these changes to the ephemeral stream portion, and then in other parts of the responses and in the Staff Report there were notes about also an ephemeral wetland, etc., but I don’t really feel like the response to Comment 2 answered any of the questions about the soil, so I just think that that’s really what Commissioner Sordi is trying
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to get around. And I know that you weren’t here at our
first meeting.
RICK HOPKINS: No, I wasn’t.
COMMISSIONER THOMAS: Yes. The questions were
many of us have been out at the site in the wet months, and it is very, very wet in an area that is much larger than just the very small ephemeral stream that exists, so I
don’t know if this was lost in translation between the
groups or whatnot, but that was the information that we were hoping to get more details on. I don't know who on this team could respond to that, but that would help.
RICK HOPKINS: I think I could respond to soil
saturation, because soil saturation is only relevant if there are hydrophytic vegetation that grows because of it.
Soils get wet all the time. You go out on an open hillside where there is no ephemeral drainage and they can be wet and muddy. It depends a lot on the soil, if it’s clay or whatever, so soil saturation by itself doesn’t mean much.
Now, if there are hydrophytes there, that
indicates that that soil is holding water for very long periods of time, because it’s developing the
characteristics where the vegetation which is associated with wetland, like down below on the northwest corner, show up, and without hydrophytes, that’s evidence that the soil
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saturation doesn’t mean anything. You need all three
criteria to have a wetland.
COMMISSIONER THOMAS: For it to be considered a
wetland.
RICK HOPKINS: Sometimes we dig pits in upland
areas just to dig pits in upland areas.
COMMISSIONER THOMAS: To just make sure and look
at the soil and see what’s happening.
RICK HOPKINS: But even if the soils were wet,
it’s still not a wetland.
COMMISSIONER THOMAS: Yes. So, then, as a followup to that, what is considered, then, an ephemeral wetland? It just appears not wet part of the year?
RICK HOPKINS: It’s not a wetland.
COMMISSIONER THOMAS: That was one of my
questions.
RICK HOPKINS: Technically, you can’t use the
term “wetland,” because that’s inferring that there are soils, hydrophytes, and hydrology.
COMMISSIONER THOMAS: So, then I guess my followup question for Raney and/or Staff is if that is indicated in the documents, what does that mean, because it is
referred to as an “ephemeral wetland” in the documents?
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NICK PAPPANI: Are you referring to the stream?
You referred to an ephemeral stream.
COMMISSIONER THOMAS: No, I’m referring to the
wetland that was referred to as an ephemeral wetland, which is an oxymoron.
RICK HOPKINS: In the northeast corner?
COMMISSIONER THOMAS: No, the northwest corner.
NICK PAPPANI: Northwest.
RICK HOPKINS: Northwest corner?
NICK PAPPANI: Northwest.
RICK HOPKINS: Oh, that’s a different story. I
thought (inaudible).
COMMISSIONER THOMAS: I mean, the channel flows
towards that wetland.
RICK HOPKINS: Interestingly enough, it just kind
of peters out, or where the water goes from there it’s
difficult to say for sure. The water may be percolating. I saw somebody emptying their pool water on one of the houses there along that section when I was out there in March, so who knows what’s all the water getting there, because that channel doesn’t necessarily connect to it, it just sort of stops.
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COMMISSIONER THOMAS: I mean, there is some
probably underground flow from way above that, way up high, that is also going. So, when we say there are no hydro… RICK HOPKINS: Wetland plants.
COMMISSIONER THOMAS: …wetland plants. Which
plants are out there right now in that space?
RICK HOPKINS: I’d have to look at the report to
see what plants are in that wetland, but that has always been defined as a wetland.
COMMISSIONER THOMAS: Sorry, not the wetland. Now
we’re back at the ephemeral stream.
RICK HOPKINS: Okay. I’ll have to look at the
list of plants in our report, but the list of plants in that stream are the same ones on the hillside.
COMMISSIONER THOMAS: Yes, so if you could look
that up and answer that, because there is one specific
species that’s there, and I believe that it’s a species that is not native, but it’s from when it was planted
probably when this land was used for grazing cattle, so if you could look that up and get back.
RICK HOPKINS: What species are you interested
in?
COMMISSIONER THOMAS: The main grass species that
exists in like all of the ephemeral stream area.
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RICK HOPKINS: I’m sorry, I thought you had a
particular species that you knew, and so sorry.
COMMISSIONER THOMAS: I don't know if it’s
Timothy grass. It’s a grass that I think is what you plant when you graze cattle. Anyway, thank you.
NICK PAPPANI: We can come back to Rick, and
he’ll look that up.
COMMISSIONER THOMAS: Thank you.
COMMISSIONER SORDI: Thanks for clarifying that
you’re confident it’s not a wetland, because being a
layperson and walking around, especially during a
particularly wet period where the water is fanning out and you’re sinking down quite a bit, I appreciate you defining that and indicating what the three precursors are.
I just have one other follow-up. There have been
some comments made, certainly by the public, and some
concern about the fact that the mitigation is happening post project. I think I understand why that needs to be the case now.
I am interested in your reaction to the comment
from Brian Wines, who wrote, I think, four letters over the years in various states going back to 2015. He was
consulted this time just a few weeks ago. In his letter, he did express concern about whether this is mitigatable, and
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so I’m curious about your reaction to comments made by the very agency that’s going to be charged with issuing a
permit. I think it’s a Section 401 water quality
certification, if I’m not mistaken.
He says, “Removal of a culvert from the creek may
provide mitigation for the fill of the portion of the creek if removed culvert is at least as long as the filled reach of the creek,” does highlight the fact that the discussion of mitigation for impacts to the ephemeral creek is
insufficient because the recirculated IS/MND does not
provide the length of the ephemeral creek channel that will be impacted by the project.
It seems like that could be clarified in the
course of the permit. He does go on to say, however, that “It’s likely that the recirculated IS/MND will not be
adequate to support the issuance of State permits for
impacts to the ephemeral creek channel,” and that statement rings a little bit loud to me. I don't know whether he’s just saying based on what he had, now it appears as though a permit is not issuable, but I guess I would be interested in your reaction to that.
I still, having gone through this process before,
know that it was challenging, and there were moments where we weren’t sure we were going to be able to get the permit,
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because the situation of our relatively minor amount of fill was going to be unmitigable. It was difficult to
change the hydrology on the site, so we actually had to pay a mitigation fee to a bank, and we had to go find a
mitigation bank, and they weren’t easy to find. So, in a situation like that, you have an unmitigable condition, and I guess I just want to get your response to his somewhat skeptical comment about whether or not this is a
permittable condition.
RICK HOPKINS: That’s a great question, and I’ll
get to the response to comments that we did, which I think clarifies the questions that he had.
But while you ask, I thought I’d give you the
species that were found in the grassland area, which
include the ephemeral stream: canary grass, slender oat, and filaree are the three key species that we saw in the grassland. Herbaceous cover. So, that occurs in the
ephemeral stream and occurs on the upland. Those are not wetland plants, so just to clarify that for you.
RICK HOPKINS: So, even if the question of could
they be hydrophytic soils, which they’re not, but if they were, it still would not be a wetland, because it lacks hydrophytic vegetation.
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So, to your question about whether or not the
mitigation is sufficient, we provided some clarifications to Brian. I’ve worked with Brian for 25-30 years, I’ve
gotten maybe 20-30 permits from him over the years, so it’s like I know him, I know how he works, and I know his
system.
We’ve mitigated ephemeral drainages in much the
same way that have been approved by the Regional Board and much the same way we recommend here, which is creating
these incised channels in between where there is currently no incision, so you create a little longer connected
stream.
We’ve done that on a number of projects we’ve
done where we’ve had ephemeral drainages. Most of our
impacts are to what we call the more significant side of the equation. Ephemeral streams are often mitigated at oneto-one. When we talk about intermittent or perennial streams, impacts are two- or there-to-one, plus a lot of vegetation planting, and there is a lot more hydrology that goes into designing those, for obvious reasons. Less
hydrology goes into designing… Not less hydrology, but it’s less complicated to design ephemeral drainages or
connecting these incisions, because it’s a fairly simple system.
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25 So, we clarified the fact that we would do a
minimum of one-to-one, one of the things would probably be pulling out the culvert that just exists upstream, pulling that out and creating an incision in there, but there are significant sections where there is no incision that one could create more than one-to-one, so you could create
greater…
So, from a feasibility perspective, you can
create onsite more than the impact, so you can exceed oneto-one, and you could plant some vegetation, and depending on where it is, woody vegetation, depending on where it is, but it’s not going to be wetland woody vegetation, because it does not have the conditions to support willows and
things of this sort, so you would plant the coyote brush and other things that are kind of there. Blue oak, coast live oak, things like that could be planted along there if there were space to do that, and so that’s why the
feasibility is there, it just wasn’t clear enough in the original comments and the original recirculated draft, so the comment letter clarified what would be done.
COMMISSIONER SORDI: Okay, thank you for that. I
mean, just to conclude, it sounds like what you’re saying is it’s not exactly a super heavy lift to accomplish in a one-to-one replacement ratio, even if the Regional Board
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25 got carried away and wanted a one-and-a-half to one- or two-to-one, it could even be feasible that you would be able to mitigate onsite.
RICK HOPKINS: Right.
COMMISSIONER SORDI: All right, thank you.
CHAIR BURCH: Commissioner Thomas.
COMMISSIONER THOMAS: I’m sorry, could you just
repeat the list?
RICK HOPKINS: Canary grass, slender oat, and
filaree.
COMMISSIONER THOMAS: Okay.
CHAIR BURCH: Are there further questions to
Staff or the consultants?
COMMISSIONER THOMAS: My question is not
specifically for Lot 8, but the change from the 10’ to the 15’ buffer, can you just like walk us through the process of why that change was recommended for the mitigation
strategy? I can pull it, which one it is.
NICK PATTANI: Yes, Commissioner, I have some
notes on that. One of the things I wanted to indicate is that in the 2017 EIR the mitigation required a minimum
setback of 10’ from the top of bank, which we actually have 15’ now, so from that standpoint in terms of measurement from top of bank, it’s actually an increased protection.
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25 But it had language in there about “End 10’ from the oak canopy,” so a little unclear. It seems like if you take that, in some places you have just the channel, and in some places you have oak canopy, so I guess it’s 10’ from the channel, but where there is oak canopy there is 10’ out from that.
Our Exhibit in the document is based on the land
use near streams guidance document that the Town relies upon. It doesn’t necessarily require a setback from oak canopy, but as you can see from our exhibit, which is
Exhibit 16 of the recirculated document, none of that oak canopy is going to be impacted; it’s fully respected with the design, so through design there is essentially a
setback that protects the oak.
COMMISSIONER THOMAS: Okay, so it was after
review of the old EIR and looking at Town recommendations in general you felt like that was a better mitigation
strategy?
NICK PATTANI: Correct. We wanted to make it
comport with the Town’s guidance and based on the design with that 15’ buffer from the incised channel area, and then the design avoiding the oaks; it’s fully protected.
COMMISSIONER THOMAS: Thank you. I have one
question, and I think that I asked this the last time, so
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25 I’m really sorry, Staff, if we have to look this up again.
I was trying to look in the original Staff Report. In what year was this land stopped being used for grazing and used for livestock, do you remember?
ERIN WALTERS: I’ll have to search that. I’m
sorry; I know we talked about that the other day.
COMMISSIONER THOMAS: And I forgot. Okay, thank
you.
CHAIR BURCH: While you’re looking that up, could
I perhaps ask a different question? I wanted to ask a bit about the maintenance, and this is actually for Ms. Whelan.
Have we in the past written anything in
Conditions of Approval to ensure some type of… My concerns are like when a road maintenance is being placed on a
homeowner, homeowners tend to defer expensive maintenance, and ultimately that becomes a public safety issue. How does the Town address those types of maintenance issues?
ATTORNEY WHELAN: I can start, and then we do have
representatives from Parks and Public Works and they can speak to it in more detail, but for the Los Gatos Lodge project the project was proposing to form a Homeowners
Association, and so the Condition of Approval required that the Town and the Applicant enter into a Maintenance
Agreement, and that agreement provided that it would run
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25 with the land and it would bind the future Homeowners Association. And I did find some language in the proposed Conditions of Approval that we could discuss later, but I wanted to see if Parks and Public Works had information to add.
JAMES WATSON: James Watson, Parks and Public
Works. This one is a little bit different. This one doesn’t really have an HOA being proposed, so the maintenance
solution is kind of in flux right now; I’m not exactly sure how we’ll end up doing it. Obviously, maintenance costs, especially roadwork, is very expensive, and having a
homeowner… I understand your concerns. I don't know that we’ve had a chance to really work out the solution that we’re going to go with here with the Planning Department and with the developer on the maintenance approach.
CHAIR BURCH: Do we have an example of like it’s
not an HOA, it’s a Maintenance Association, anywhere else in town, any other development? I’ve never heard that
before.
JAMES WATSON: I just actually ran into Chris
Constantine out in the lobby, and he had mentioned the
potential of maybe a Bond Assessment District or some other tools that could be used to create some sort of assessment district over all of the parcels that would then run with
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25 the land and could provide a vehicle or means to collect a fee that could be used for that maintenance.
CHAIR BURCH: If we do something like that, does
somebody from the Town actually verify that certain
maintenance is being done?
JAMES WATSON: Typically, we would hear
complaints. Homeowners don’t typically know what’s private and what is public, and so we would definitely hear
complaints about dilapidated facilities, and then we would contact whoever is the contact person on any agreements that are in place to let them know their obligation.
CHAIR BURCH: Okay.
DIRECTOR PAULSON: And through the Chair, I can’t
remember if it was mentioned before, but this is a little unique. Usually, the HOA covers all that stuff. This is going to be done a little bit differently, but you could recommend in your direction for whatever the recommendation is that the CC&Rs and Maintenance Association include
provisions for roads and whatever other provisions you had in mind, and then we can move forward from there.
CHAIR BURCH: I think my question would be we had
this actually come up eons ago, Mr. Paulson, on a
development off Union where there was water there and there was a sump pump or something, and it was supposed to be
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25 that maintenance group’s job to maintain it. They didn’t, it died. There were some issues that came out of that, and I’m also thinking of this culvert, which I think is a good idea, but we also know that if a culvert is not cleaned out and maintained it just causes more flooding. I don’t want a good thing to become a bad thing, so can we include
language around something like that being…
DIRECTOR PAULSON: I think you should just do a
for example list of what you’re looking to include. I think I recall what you’re talking about. That was on a private property, so whether it’s C3 with these detention basins on individual lots, which come up quite often on individual lots, not projects, or sump pumps that fail, ultimately it’s the property owner’s responsibility, but we can
definitely weave some language into the Maintenance
Association to try to cover as much of that as possible.
CHAIR BURCH: Okay. Then I have one other
question, probably for Parks and Public Works. I was
listening to one of the neighbors who mentioned a
conversation he had about planting some trees, some
vegetation, to provide screening, and the trees they
referenced specifically was redwoods, and I thought we
weren’t recommending redwoods because of fire, or they
weren’t a native tree, or because of the water usage, was
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25 that it? I know there was a reason we were not recommending them, so if I wanted to ensure there was some kind of
language, I would probably then say vegetation for
screening, that they would work with Staff to determine.
Okay, thank you.
ERIN WALTERS: Through the Chair, Staff has not
been able to find that language, and we looked through past years of documentation, so I don't know if the Applicant’s team has additional information.
CHAIR BURCH: Should I open up the public portion
of the hearing to ask that?
ERIN WALTERS: That would be great.
CHAIR BURCH: Okay, I’m going to open up the
public portion of the hearing to ask the Applicant to come forward.
JIM FOLEY: Could you repeat that request?
COMMISSIONER THOMAS: It was just about when
grazing was stopped on the land.
JIM FOLEY: Oh, I do not have that information.
Sorry.
COMMISSIONER THOMAS: Do you feel like more than
ten years, or you have no idea? It’s fine if you have no idea.
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25 JIM FOLEY: I’m 47 years old, and I’ve never seen
grazing, but I’ve never been… I have no idea.
CHAIR BURCH: I don’t think there was cattle
grazing in 2014.
COMMISSIONER THOMAS: No, there wasn’t.
SEAN MULLIN: Through the Chair, the best and
closest I can get is a memo to the CDAC from 2016 that
noted that cattle grazing is no longer occurring. It
doesn’t say for decades…
COMMISSIONER THOMAS: Yes, when it stopped.
SEAN MULLIN: …but it was in the context of
cancelation of the Williamson Act contract, so by at least 2016, presumably earlier.
CHAIR BURCH: Okay, I will reclose, unless you
have a follow-up question.
COMMISSIONER THOMAS: No, that’s it. I mean, the
neighbors probably know best.
CHAIR BURCH: Probably.
JIM FOLEY: To follow-up on your questions and
your debate about the Maintenance Association, I think
there are some pretty clear State guidelines that dictate what happens there. I don't know if Staff has any of that on hand, but I think it will be very helpful.
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25 CHAIR BURCH: I’ll make sure I discuss with the
attorney. Thank you. All right; I’m going to reclose the public portion of the hearing. Are there further questions? COMMISSIONER THOMAS: My last question, I guess,
really about this, if the Army Corps of Engineers came out and determined the…the courts and everything determined in 2016, that is when it was determined where the edge of the wetland was, and like the portion of Ross Creek, that they are considered a Water Body of the State and they’re
responsible for, it’s been ten years since then, and if this land has just been sitting there, is that delineation… As environmental consultants, did you confirm that the
specific delineation where the fence is right now is still what they determined and what existed in 2016? Is that
confirmed with what plants exist there today at the border of the wetland in that northwest corner?
RICK HOPKINS: Yes, it does, and just so you
know, what’s called an Approved Jurisdictional Delineation, AJD, it has a five-year life, so that wetland delineation expired in 2021. Ultimately, the Corps will disclaim that wetland now under the new rules, but the State will claim it, so it essentially doesn’t mean much from the
Applicant’s perspective; they’re not going to impact it, so they don’t need a permit from the Regional Board, but even
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25 if they did impact it, they wouldn’t get a permit from Corps, and the reason the Regional OCA Corps would disclaim it is that it’s not contiguously connected to a navigable water, but Ross Creek is, so Ross Creek would stay
jurisdictional.
COMMISSIONER THOMAS: Okay, but that little area
doesn’t.
RICK HOPKINS: Right.
COMMISSIONER THOMAS: But that space that was
determined in 2016, you confirmed that it’s the same?
RICK HOPKINS: It’s approximately the same.
COMMISSIONER THOMAS: Okay, because obviously
things have changed on the property; that’s why I was
asking about the grazing. It’s when we stop actively
managing the land that things are going to change over
time, so five years is the typical.
RICK HOPKINS: Yes. It hasn’t grown, it might
have even shrunk a little bit, but I don’t think it’s
significantly different, but that would be something they would just delineate anyway, because what you do for the Corps is you list any aquatic feature, even if it’s a road ditch, so that everything is on the table. They come out, they look, and they go, “Yeah, that’s a road ditch. We
don’t claim that” kind of thing. So, all of those features
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25 are put on a delineation for the Corps to come out and look at and then make a decision.
COMMISSIONER THOMAS: Okay, thank you.
CHAIR BURCH: Are there any further questions of
the consultants, Staff? Commissioner Sordi, and then
Commissioner Thomas.
COMMISSIONER SORDI: Would Staff mind putting up
Figure 31 again? This was just the easement and swale
locations, which had the swale on it, but I just had a
question about the open space future trail easement.
DIRECTOR PAULSON: Mr. Mullin will be much
quicker, so we’ll just give him a second.
COMMISSIONER SORDI: Thank you. This is for me
another of the big changes that I appreciate the Applicant making. I don’t think that we had extensive easements. It looks to me like what is possible here is that if someone was to ride a bike down Brooke Acres Drive, they could use the EVAE to make their way through to the primary road
serving the project and make their way out to Twin Oaks on a bike, theoretically. Hopefully, I’m correct in my
assumption.
The question I really wanted to zoom in on is
it’s very steep to go to the right and then to the north, but a hiking trail is always a possibility; I don’t think
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25 it would be a bike trail. The piece of dirt, real estate, whatever, immediately adjacent to Cerro Vista Court where the easement ends right at the north end, is that
controlled by the Town, or is that someone’s private
panhandle for their lot? Do we have any way of knowing
that?
CORVELL SPARKS: This is Corvell Sparks, Parks
and Public Works, Assistant Engineer. Yes, that portion actually belongs to the resident on the left side of the connection there.
COMMISSIONER SORDI: Okay, thanks. So, we’re
almost there. What I’m seeing is the possibility if
somebody wanted to go on a robust hike sometime in the
future, if we’re able to secure funding to build a little trail, that can be pretty simple. You could come down
Brooke Acres Drive, you could take a hard left and make your way ultimately out to Shannon Road and other parts of town if you could get across that little piece there, and I don't know if there’s a way to extend that down to the
driveway of the lot. It would be like a really brief,
really small little connection that would enable people to get out to Cerro Vista. I’m just suggesting that.
COMMISSIONER THOMAS: The Cerro Vista driveway is
an agreement. There’s an easement there with that
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25 landowner. Yes, if that’s what you’re talking about, if connecting those two easements just in a way so that there could be an actual move through.
COMMISSIONER SORDI: Yes, that’s exactly what I’m
talking about, so we have a way…
COMMISSIONER THOMAS: Maybe we should ask.
COMMISSIONER SORDI: …to make the connection, and
then we really do have kind of a potentially great
pedestrian/bike pathway through the project, and a hikable pathway.
DIRECTOR PAULSON: We’ll wait and see if Parks
and Public Works has any additional comments, but I think that could be, again, direction as part of any
recommendation that that connection be made, and then the Applicant can respond to that when they move forward to Council.
COMMISSIONER SORDI: Okay, thank you.
CHAIR BURCH: My question is do you guys want me
to open the public portion to ask the Applicant about this specifically? All right; I will open the public portion of the meeting to ask the Applicant that specific request.
JIM FOLEY: Thank you. I don’t think I have this
wrong, but there is an easement there already that we had a big dispute over, and we had to go purchase an additional
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25 easement for our roadway, because the easement for the benefit of the Town and public was not able to be used, so you already have that easement across that land.
CHAIR BURCH: When you mean across the land, are
you specifically talking like close to the driveway, or where your easement is already up to the…
JIM FOLEY: Where your hand is there, it begins
there and it goes all the way to the property line of the adjacent property owner that controls that. Then we went and purchased a different easement over the top of that for the driveway.
COMMISSIONER SORDI: That was contiguous with it,
just for a different purpose. So, the existing one, it
sounds like and looks like you’re making reference to a recorded document that exists there.
JIM FOLEY: Yes.
COMMISSIONER SORDI: And we would have the
ability to place a condition essentially expanding the use of the easement to include…
JIM FOLEY: I don’t think so. I believe that
there is a recorded… Do you remember this?
JAMES WATSON: Yes, through the Chair, there is
actually an easement that was offered for a throughway, but it was only offered to the Town if we created a throughway,
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25 and so in my opinion, we don’t actually have an easement there because we never had a developer that wanted to
create the throughway which would allow us to actually
execute that offer of dedication to us. It was dedicated for a specific reason that we weren’t able to use, and
that’s why Jim had to go ahead and actually get a separate easement for the purposes that he intended to use it for, which is this driveway to this lot.
There is recorded on the maps in this area a
horse easement that actually comes off of Shannon Road and then comes up and parallels right on this Cerro Vista
section, and then just dead-ends a little bit at the end of that parcel that owns that large wedge, it stops right
there, so there is an old equestrian easement there.
CHAIR BURCH: There is an easement for horses?
ERIN WALTERS: Yes.
CHAIR BURCH: All right.
JAMES WATSON: But when you look at it, it’s
completely overgrown and it’s hard to tell that there’s an easement there. There isn’t an actual easement. He’s got to have a horse.
COMMISSIONER SORDI: So, if it’s for that
specific purpose, and it’s in a slightly different
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25 alignment, it looks like we would have to make a specific recommendation for a new one. It’s better safe than sorry.
CHAIR BURCH: I think I can close the public
portion again for now. All right; do we have any further questions of Staff? Then I do, to Ms. Whelan.
I want to go back to the maintenance agreement
and CC&R. You said you had some thoughts on that?
ATTORNEY WHELAN: Yes, there are two conditions
that speak to maintenance. The first one is Condition of Approval 104, and it says that “The Applicant shall prepare and submit project’s covenants, conditions, and
restrictions,” and it says that “The CC&R shall include language that restricts the Homeowners Association from making changes to CC&Rs without approval from the Town, and it requires that reference to the stormwater treatment
facilities, Maintenance Agreement, and obligations be
incorporated.”
CHAIR BURCH: But there is no Homeowners
Association, so would we say the Maintenance Association? ATTORNEY WHELAN: So then, there is Condition of
Approval 110, and it says, “The Applicant shall execute and record a stormwater treatment facilities Maintenance
Agreement to ensure perpetual maintenance. The agreement shall outline operation and maintenance. The agreement
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25 shall be executed prior to occupancy of the first building and include the following.” And then it says, “The property owner shall operate and maintain all onsite stormwater
treatment facilities.” So, as proposed, I read that to
require that each individual property owner is responsible for the stormwater treatment facilities on their property.
CHAIR BURCH: To you, you would include the
individual bioswales and the culvert in that language?
ATTORNEY WHELAN: I think that’s a better
question for Public Works.
CHAIR BURCH: We don’t normally see this in
stormwater conditions.
JAMES WATSON: Yes, this one is a little bit
different as well. I think that’s a little bit of our
template language merged in there where we’re talking about HOAs with the assumption that there is going to be an HOA.
The stormwater Maintenance Agreement is generally executed with the HOA responsible for it. Obviously, the way this one is unfolding, it looks like the developer desires each individual property owner to maintain their own facilities, and so I would imagine that we would need to have
stormwater Maintenance Agreements executed against every single parcel for their maintenance activities, so this is an area that I think we may need a motion to tweak that
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25 language, or we can perhaps come to Council, if this goes to Council, with some better language on that.
CHAIR BURCH: I could make maybe some
recommendations to add a little bit to it, and then it
moves forward, and if it gets tweaked a bit. But that’s the stormwater. If I were going back to Condition 104, I assume that is where I would make a notation about road
maintenance. Is it?
ATTORNEY WHELAN: I would recommend, because
Condition 104 is really talking about what the CC&Rs have to include, that roadway maintenance be included in both Conditions 104 and a new condition we added to require
roadway maintenance.
CHAIR BURCH: Okay. Can we add on that though to
confirm that there will be a Maintenance Association? Can that be written in there?
ATTORNEY WHELAN: Yes. And if you’re inclined to
do that, I would write it to say there shall be a
Maintenance Association.
CHAIR BURCH: And then I wanted to add some form
of language around that road maintenance that ensured that a huge swath of this road isn’t falling to one of the below market homes. Can I add something along the lines… There are obviously specific conditions to each lot. Would I
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25 write something in that, or would be in the CC&Rs that makes a statement?
ATTORNEY WHELAN: CC&Rs are enforced privately,
so they can only be enforced by members of the association, and so if it’s something that you would like the Town to be able to enforce, I recommend having it as a separate
Condition of Approval.
CHAIR BURCH: Okay.
ATTORNEY WHELAN: And then one of the
Commissioners asked about a State law that dictates how easements are maintained in the absence of any other
agreement, and the planning manager located the section.
It’s Civil Code Section 845, and it provides that as a
general rule, “The owner of an easement that’s a private right-of-way is responsible for its repair. If the easement is owned by more than one person, or is attached to parcels of land under different ownership, the cost of maintaining and repair shall be shared by each owner of the easement or the owners of the parcels of land pursuant to the terms of any agreement entered into the parties for that purpose. In the absence of an agreement, the cost shall be shared
proportionately to the use made of the easement by each owner.”
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25 CHAIR BURCH: So, does that mean in this instance
if this easement is crossing through very specific lots, so it’s Lots 9,8, 10… Oh, that goes all on the back, 7, 2, and 3, then that falls to the responsibility of each individual homeowner too?
ATTORNEY WHELAN: Yes, the statute provides that
in the absence of any agreement, it will be shared by all the property owners based on how much use they each make of the easement.
CHAIR BURCH: Candid, I’m just seeing a
maintenance nightmare here. Okay.
DIRECTOR PAULSON: Through the Chair, the last
piece that Ms. Whelan was speaking to is if there wasn’t an agreement. We’re going to require an agreement, so that can be written into it. I think it’s also probably the use. If they’re all single-family homes, I would assume they’re all using it in the same manner, so depending on how that was looked at, but that ultimately would be a civil issue.
I’ll also add that we don’t want any new public
roads, so all of our subdivisions are private roads, and so we have other instances where Roadway Agreements have been done through Parks and Public Works, so they’re very
familiar with those.
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25 CHAIR BURCH: Okay. I’m used to seeing this with
an HOA, and it’s a little cleaner. This is just where I see the issue.
COMMISSIONER THOMAS: I have one question for
Staff just to clarify for us and the public, because often a lot of our projects don’t see major portions depending on getting permits from outside agencies that are not pretty much guaranteed or typical. So, what typically happens if this were forwarded to Town Council and the project moved forward, and then an outside agency has to issue permits also? What is the typical process that ends up happening with that?
SEAN MULLIN: I can start. Prior to any ground
disturbance and prior to issuance of the permit is probably how we would trigger it. We would need to see evidence that the Streambed Alteration Agreement or the 401 was obtained.
The Applicant would need to work with those outside
agencies to get those permits.
The Town is not directly involved there, and to
the biologist’s point, we’ve written the Condition of
Approval to be a little bit broad to allow… If you paint them too close into a box, then they have to come back if there are some significant changes from the Regional Water Quality Board.
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25 That said, if there are significant changes that
don’t fit within the project that was approved, that would be problematic for the developer, but that’s something that they’ll work out with Regional Water Quality and CFW.
COMMISSIONER THOMAS: So, significant changes
would be like Lot 5, there is too much… To mitigate all of that it would be these bigger changes than anticipated, and so then the project would need to be adjusted for that? SEAN MULLIN: I think the term we would typically
use is, are these changes in substantial conformance with what was approved by the Town? We see this all the time on smaller projects, but it’s the same thing here on this type of project.
COMMISSIONER THOMAS: Okay, thank you for
clarifying that. I don’t have a question for Staff, but I do think that because we just talked a lot about the
Conditions of Approval, and some of the language changes and everything, that I would appreciate just a couple of minutes to be able to look over and make sure that we
individually understand what we just discussed.
CHAIR BURCH: Okay, then I’m going to call a tenminute break. Thank you. (INTERMISSION)
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25 CHAIR BURCH: …reopen the meeting. Thank you
very, very much for your patience. All right, coming back and everybody reviewing all the information in front of them, are there any final questions of Staff or the
consultants that anyone has? Commissioner Thomas.
COMMISSIONER THOMAS: I have a question for Staff
about some language for a Condition of Approval. Today we had in Exhibit 36 the proposed Lots 5 and 6 vegetation
buffer. In Staff’s opinion, what is the best way to include that into a Condition of Approval, and is it possible to include some language that extends similar species list, etc. to the other lots? This was the only vegetation thing that we got to.
ATTORNEY WHELAN: Are you thinking of adding a
Condition of Approval to require this screening?
COMMISSIONER THOMAS: Sorry, not the screening. I
mean, part of this would cover the screening, but yes,
making sure that saying that what is currently presented in Exhibit 36. The proposed list of plant species, in general, is good in what is supported and what we would want to
include in a Condition of Approval, but also make sure that it can be adjusted to accommodate for changes due to
screening, and also it is weird to only have it be for Lots 5 and 6? Should the list be expanded to other lots?
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25 ATTORNEY WHELAN: It sounds like maybe you’re
thinking of two conditions, so maybe one condition to say that any plantings will conform with the species identified in Exhibit 36, and then maybe a second condition to discuss screenings for Lots 5 and 6.
COMMISSIONER THOMAS: Whatever language is
appropriate so that they don’t conflict with each other, I guess, when we come up with that.
ATTORNEY WHELAN: And when you do, I think it
would be safe to say that any plantings have to conform with the species identified in Exhibit 36, because that would include any screening that you impose for Lots 5 and
6. COMMISSIONER THOMAS: Okay, maybe, or potential
substitutions or alternatives approved by Staff.
DIRECTOR PAULSON: Through the Chair, obviously
we’re in the hillside area, so there is an approved list in the Hillside Development Standards and Guidelines, so maybe just refer to other species from that list.
CHAIR BURCH: That said, does anybody want to
venture a motion?
COMMISSIONER SORDI: Okay. I’ll go ahead and try
to make a motion here. It’s kind of a long winded one, and
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25 if there are any adjustments to conditions, we’ll talk through those.
I’ll go ahead and make a motion to forward a
recommendation to Town Council to approve the Architecture and Site Applications, Subdivision Application, and
Mitigated Negative Declaration Application by taking the following actions:
Adopt the recirculated Mitigated Negative
Declaration ND-25-001, and the recirculated Mitigation
Monitoring Program included there in Exhibits 38 and 39.
Make the finding that the project is consistent
with the General Plan, including the incentives and waivers requested pursuant to the State Density Bonus Law and the granting of requested exceptions of the maximum allowed density pursuant to the Builder's Remedy provision of the Housing Accountability Act.
Make the finding that the proposed project
complies with Section 66474 of the State Subdivision Map Act with granting other requested exceptions to Town
standards pursuant to the Builder's Remedy provision of the Housing Accountability Act.
Make the findings for the Tentative Map approved
with respect to State responsibility area for very high fire hazard severity zones, findings of such that are made
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25 with respect to the State Board of Forestry and Fire Protection Board.
Make the finding that the project meets the
Objective Standards of Chapter 29 of the Zoning Code with the incentives and waivers requested pursuant to the State Density Bonus Law in granting other requested exceptions to Town standards pursuant to Builder's Remedy and the Housing Accountability Act.
Make the finding that the project complies with
the Hillside Development Standards and Guidelines with
respect to granting of the requested exceptions to Town standards.
Make the finding that the project complies also
with the Hillside Specific Plan with the incentive and
waivers requested pursuant to State Density Bonus Law.
Make affirmative findings as required by State
Density Bonus Law for granting an incentive pursuant to California Government Code Section 65915, and for granting waivers also consistent with Government Code 65915(a)(2), and to make the finding as required under Government Code 65589.5 of the Housing Accountability Act.
None of the findings for denial of a Builder's
Remedy project can be made.
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25 Make considerations as required by Section
2920.150 of the Town Code approving an Architecture and Site Application.
Finally, approving the Architecture and Site
Applications S-24-023 through S-24-033 and S-24-059,
including Subdivision Application M-24-023, and the
recirculated Mitigated Negative Declaration with the
recommended revised conditions contained in Exhibit 42, and the development plans in Exhibits 15 through 27, Exhibit 35, and Exhibit 36. Did I cover it all?
CHAIR BURCH: You did a really good job. Didn’t
you, however, have a… Hold on. Yes.
ERIN WALTERS: Through the Chair, also if we
could just add to add Exhibit 46 that describes the changes to the Mitigation Measure, the errata.
COMMISSIONER SORDI: Okay, thank you, yes. And
also, to approve subject to Exhibit 46 that describes the changes to the Mitigation Measure as it relates to agency permitting.
CHAIR BURCH: All right. Is there a second?
Commissioner Thomas.
COMMISSIONER THOMAS: Second the motion.
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25 CHAIR BURCH: To the Maker of the Motion and the
Seconder of the Motion, could I make some Conditions of Approval modifications?
COMMISSIONER THOMAS: In order?
CHAIR BURCH: Yes, so you go first.
COMMISSIONER THOMAS: For Condition of Approval
12, can we make sure that the replacement tree language includes the number and size of replacement trees shall be determined using the canopy replacement table in the Town Code, and the…
DIRECTOR PAULSON: The approved tree list from
the Hillside Development Standards and Guidelines.
COMMISSIONER THOMAS: And that. Thank you. And
then an addition of a Condition of Approval; this has to do with landscaping and what I was just asking about, so to include a Condition of Approval that Exhibit 36 of the list of landscaping plants and designs from Exhibit 36 from
today’s Staff Report be included with the landscaping, and… I’m sorry, Ms. Whelan, you had some specific language that I like, but that I did not write down; I apologize.
ATTORNEY WHELAN: “Any plantings shall conform
with the list of approved plant species from Exhibit 36,” but I want to make sure that doesn’t conflict with the
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25 Hillside Plantings Guidelines, so how about “…shall conform with both the Hillside Planting Guidelines and Exhibit 36”? COMMISSIONER THOMAS: Yes.
CHAIR BURCH: All right. Do I need to probably
specifically to the Maker of the Motion is that acceptable, since it’s a different person making that recommendation? COMMISSIONER SORDI: I accept the condition. I
accept the amendment to my motion.
COMMISSIONER THOMAS: And I second.
CHAIR BURCH: All right, so then I’m on 104. We
need to strike the language that references the Homeowners Association making changes, and instead I would like it to read, “The CC&Rs shall include relevant project Conditions of Approval, and shall include a Maintenance Association responsible for maintaining…” Oh, no, I don’t think we want to say maintaining the redwoods, but that they need to
include a Maintenance Association Agreement. Is there other language—I’m asking Parks and Public Works—that you feel I should add to that? You think that’s fine?
SEAN MULLIN: Through the Chair, this is specific
to a roadway Maintenance Agreement?
CHAIR BURCH: Correct. Yes, sorry. No, the other
items are in stormwater. And then on 110…
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25 ATTORNEY WHELAN: Question for you on 104, did
you want the Maintenance Association to be responsible for both the stormwater treatment and the roadway, or did you want to handle the roadway separately?
CHAIR BURCH: When we had talked, I was going to
put the comment about the Maintenance Association and the culverts and bioswales under 110A, or do you want me to have it in both sections? I mean, I couldn’t care less.
ATTORNEY WHELAN: Since 104 is talking about what
needs to be included as the responsibility of the
Maintenance Association, I would be inclined to include everything that’s their responsibility.
CHAIR BURCH: Okay. I don’t think the Maintenance
Association… They’re still saying the individual properties maintain some of these, but if I want the culverts and the bioswales and stuff to be part of that, I can?
ATTORNEY WHELAN: I’ll defer to Public Works, but
the way this is set up right now is the individual property owners are responsible for the stormwater treatment
facilities.
CHAIR BURCH: Right.
ATTORNEY WHELAN: And then the conditions are
silent of roadway maintenance, and so that Civil Code
section would apply.
ITEM NO. 1.
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25 CHAIR BURCH: Yes, that’s what I thought. I was
putting the roadway in the CC&R with the Maintenance
Agreement, and in 110A I was going to add “…includes, but not limited to,” for the repair responsibility, “culverts, bioswales, catch basins, and stormwater infrastructures on sites.”
JAMES WATSON: Yes, we agree with that.
CHAIR BURCH: Okay. I said that really fast. Do
you want me to slow that down? 110A. So, it says, “The
property owner shall operate and maintain,” etc. I’m saying this “…includes, but not limited to, culverts, bioswales, catch basins, and stormwater infrastructures on sites.” Are you ready for my next one?
The next one is 120, and I promise you, moving
forward this is just going to be included. This is actually project construction activities, not excavation, and I
would like to add that “No trucks can sit and idle on Twin Oaks Drive or Cerro Vista Court,” that “The developer is responsible to create space onsite for all trucks,
equipment, personnel trucks, and material.”
And then I have two new conditions to add when
you’re ready.
ATTORNEY WHELAN: Before we leave Condition of
Approval 104, right now it says, “References to the
ITEM NO. 1.
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25 stormwater treatment facilities Maintenance Agreement obligations shall be incorporated in the CC&Rs.” Did the Commission want other obligations to be incorporated into the CC&Rs, like the culverts, bioswales, catch basins?
CHAIR BURCH: I’m not sure what else that would
be. If I’ve already covered the road…
COMMISSIONER THOMAS: (Inaudible).
CHAIR BURCH: Well, that’s what I’m asking.
COMMISSIONER THOMAS: I think that it’s the
stormwater, all of the culverts, etc., but I feel like all stormwater treatment facilities is covered.
CHAIR BURCH: If I put it in A, and I’m adding it
to A, doesn’t that cover it?
COMMISSIONER THOMAS: Yes, it does.
CHAIR BURCH: All right, and then, Ms. Whelan, I
might want your assistance with this. I did also want to add a condition that probably goes somewhere around the CC&Rs to file a formal private road Maintenance Agreement with the Town, and then include that in the CC&Rs so all buyers are notified. Does that sound okay?
ATTORNEY WHELAN: It does. If you give me a
minute, I can read something into the record.
CHAIR BURCH: Okay.
ITEM NO. 1.
LOS GATOS PLANNING COMMISSION 6/11/2026
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25 ATTORNEY WHELAN: One possible way that could
read is “Prior to the issuance of any Building Permits or the filing of a final map, the Applicant shall record a legally enforceable private road Maintenance Agreement. The agreement must be reviewed and approved by the Town
Engineer and Town Attorney. It must explicitly state that all property owners benefiting from the private road share equitably in the perpetual maintenance, repair, and
liability of the roadway. The recorded document shall run with the land and bind all future successors.”
CHAIR BURCH: I like everything about that,
except one thing. I would like that to say "...with the exception that the below market rate properties are only responsible for their proportional frontage and maximum.” Does that sound okay?
SEAN MULLIN: Just a question for clarification.
When you look at the shape of Lot 1, which is one of the BMP units, it peninsulas all the way out to Twin Oaks, so if we look at proportional to…
CHAIR BURCH: That’s what I was trying to figure
out, how to say this. So, can I say it like equal to the adjacent BMRs? I guess I just do not think it is right to put that much road maintenance on a BMR owner. Can I just say, “…with the exclusion of the BMRs,” and that the street
ITEM NO. 1.
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25 responsibility is covered by the other lots? I mean, I could make that a lot easier and just say it’s split
between the other lots. Can I do that?
ATTORNEY WHELAN: I think there has to be like a
reasonable relationship between the burden and the
property. Maybe it could say, “The frontage bordering the residences.”
DIRECTOR PAULSON: Just to step back, I think
what Ms. Whelan originally said was the proportionate share of the use of the road, so I don’t see that as related to frontage. These are all single-family homes, they all have the same use, so we can work through those details down the road, which is different than your latest statement, which was they don’t pay anything, but those are two things to consider.
CHAIR BURCH: Do we say… Joel had a good
suggestion, based on the square footage of the house?
ATTORNEY WHELAN: It would be simplest to revert
to the civil code where it says based on proportional use of the roadway.
CHAIR BURCH: Okay, I’m getting three nods. I
like that. Okay. I have one more. This goes back to
landscape. I’m so sorry. Just that the Applicant work with adjacent neighbors to develop a landscape plan to address
ITEM NO. 1.
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25 screening between the properties, and they will work with Staff to select the appropriate trees or shrubs. I’m
leaving it that way since it’s hillside, and fire. Does that sound okay? Okay, I like it when they nod.
Are those acceptable to the Maker of the Motion?
COMMISSIONER SORDI: Those are acceptable
amendments to my motion.
CHAIR BURCH: And to the Seconder?
COMMISSIONER THOMAS: Yes.
COMMISSIONER SORDI: I have another.
CHAIR BURCH: Oh, you have one to add? Oh, yes,
you do.
COMMISSIONER SORDI: I do, to add a couple
conditions related to trails. Staff actually had clarified that right now the EVAE that runs through Lot 3 is really for that purpose and that purpose only, so I would like to suggest that the EVAE be shown on the map, and this is
specifically the EVAE that starts where Brooke Acres Drive ends at the property line and runs all the way over to the private road, which is the main road for the project. That the final map show that as not just an EVAE, but also a bike and pedestrian easement, so that would run over the EVAE and that bike and pedestrian easement would continue over the private road all the way out to Twin Oaks.
ITEM NO. 1.
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25 JAMES WATSON: Through the Chair, would you like
to add something about a gate perhaps? I think it’s going to have a full gate at the property line, so you maybe want to add some access to that condition.
COMMISSIONER SORDI: Sure. I mean, if we could
have just a gate wide enough for bike and pedestrian
access, that would be ideal.
COMMISSIONER THOMAS: So, the one that’s like
the…
COMMISSIONER SORDI: Right.
COMMISSIONER THOMAS: You know, like we have
along the trail downtown before you hit the road, so people don’t get run over.
JAMES WATSON: I recommend you just say, “As
approved by the Town Engineer.”
COMMISSIONER SORDI: Okay.
COMMISSIONER THOMAS: Perfect.
COMMISSIONER SORDI: “As approved by the Town
Engineer.” Sounds great.
SEAN MULLIN: And I would suggest, “…and the Fire
Department.” Since that is an EVAE, we want to make sure we’re not constraining it by putting in the pedestrian
access.
ITEM NO. 1.
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25 COMMISSIONER SORDI: Okay, so “As approved by the
Town Engineer and Fire Department.”
Secondly, would like to modify Condition 9
relating to public trail easements, which already is over a portion of Lot 10. Right now, there is a 125’ wide trail easement over Lot 10, running all the way up to the
northern property boundary. I’d like to have that shift to a 20’ wide pedestrian easement that runs along that
northern boundary and connects with the driveway to Lot 10, and that the Applicant make good faith efforts to obtain the appropriate easement to cross that small section of land and connect with Cerro Vista. That would involve
approaching the property owner, which I think is
(inaudible) Lu (phonetic), which is an adjacent property owner. Does that sound practical?
CHAIR BURCH: If maybe you could show Public
Works your markup.
DIRECTOR PAULSON: I think we understand what
you’re looking for.
COMMISSIONER SORDI: Okay, thanks.
CHAIR BURCH: All right.
COMMISSIONER SORDI: Any other amendments?
COMMISSIONER THOMAS: No, but the Seconder is
fine with that.
ITEM NO. 1.
LOS GATOS PLANNING COMMISSION 6/11/2026
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25 CHAIR BURCH: Okay. Then before we call, I need
to ask if there are any other motions on the table?
ATTORNEY WHELAN: Did the Commission want to add
a Condition of Approval regarding the culvert or the
screening?
DIRECTOR PAULSON: They did.
CHAIR BURCH: I did.
DIRECTOR PAULSON: Yes, both were done.
ATTORNEY WHELAN: Oh, okay.
CHAIR BURCH: Yes, I did. Okay. All right, if
there are no other motions, is there any discussion to
have? Commissioner Burnett.
COMMISSIONER BURNETT: Well, I’m not unusual, but
I cannot support my fellow commissioners on this. My
comments from the December 19, 2025 Planning Commission meeting have not changed in that a fair standard argument under CEQA can be made requiring an EIR.
With the additional new facts that have
conclusions as to the environmental impact on the ephemeral stream, as well as the Water Board’s concerns in a letter dated April 26, 2025, an EIR is required when there is
subjective evidence when there is one or more significant impacts on the environment, and it can be fairly argued, based on substantial evidence in the light of the whole
ITEM NO. 1.
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25 record, that a project may have a significant environmental effect, and that requires an EIR.
The complexity of this project, and so many more
questions today actually give me more emphasis, or I feel more strongly to require a full EIR, which should have been done in the first place. Thank you.
CHAIR BURCH: Thank you, Commissioner Burnett. Is
there any other discussion? Commissioner Mayer.
COMMISSIONER MAYER: I think I will be supporting
the motion on the table, and I agree with all the
amendments made. I haven’t spoken much this evening,
because I actually was on the Commission during the first time you guys heard this last year, so I’ve just been
listening to all the really robust discussion.
Thank you to Staff and Public Works, and also the
environmental consultants; it was really interesting
learning about the whole process for the Mitigated Negative Declaration.
I want to say, just looking at the Applicant’s
package, and especially the civil engineering drawings, they are very thorough. I think HMH did a really good job, especially with stormwater control and drainage. From my professional experience, what I’m seeing here is a stateof-the-art approach to stormwater management, so I think if
ITEM NO. 1.
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25 it is constructed as is drawn, the stormwater issue is going to be well managed, so that’s just my read of it, and that’s all I have to say. Thanks.
CHAIR BURCH: Thank you, Commissioner Mayer. Any
further discussion? If not, I will call the question. All in favor? Opposed? Motion passes 4-1. As this is a
recommendation for the Council, I assume there are no
appeal rights?
SEAN MULLIN: That’s correct.
CHAIR BURCH: Thank you.
(END)
ITEM NO. 1.
Mitigation Monitoring and Reporting Program
Surrey Farms Estates Subdivision Project
1 July 2026
INTRODUCTION
Section 15097 of the California Environmental Quality Act (CEQA) requires all State and local agencies to establish monitoring or reporting programs for projects approved by a public agency whenever approval involves the adoption of either a “mitigated negative declaration” or specified environmental findings related to environmental impact reports.
The following is the Mitigation Monitoring and Reporting Program (MMRP) for the Surrey Farms Estates Subdivision Project (proposed project). The intent of the MMRP is to ensure implementation of the mitigation measures identified within the Recirculated Initial Study/Mitigated Negative Declaration (IS/MND) for this project. Unless otherwise noted, the cost of implementing the mitigation measures as prescribed by this MMRP shall be funded by the applicant.
COMPLIANCE CHECKLIST
The MMRP contained herein is intended to satisfy the requirements of CEQA as they relate to the Recirculated IS/MND for the proposed project, prepared by the Town of Los Gatos. This MMRP is intended to be used by Town staff and mitigation monitoring personnel to ensure compliance with mitigation measures during project implementation. Mitigation measures identified in this MMRP were developed in the Recirculated IS/MND that was prepared for the proposed project. The MMRP will provide for monitoring of construction activities as necessary and in-the-field identification and resolution of environmental concerns.
The Recirculated IS/MND prepared for the proposed project presents a detailed set of mitigation measures that will be implemented throughout the lifetime of the proposed project. Mitigation is defined by CEQA Guidelines, Section 15370, as a measure that:
• Avoids the impact altogether by not taking a certain action or parts of an action; • Minimizes impacts by limiting the degree or magnitude of the action and its implementation;
• Rectifies the impact by repairing, rehabilitating, or restoring the impacted environment; • Reduces or eliminates the impact over time by preservation and maintenance operations during the life of the project; or
• Compensates for the impact by replacing or providing substitute resources or environments.
Monitoring and documenting the implementation of mitigation measures will be coordinated by the Town of Los Gatos. The applicant will be responsible for fully understanding and effectively implementing the mitigation measures contained within the MMRP. The Town will be responsible for monitoring compliance.
MITIGATION MONITORING AND REPORTING PROGRAM
The following table indicates the item number, the checklist questions the measure is designed to address, the measure text, the monitoring agency, implementation schedule, and an area for sign-off indicating compliance.
MITIGATION MONITORING AND REPORTING
PROGRAM
ATTACHMENT 11
ITEM NO. 1.
Mitigation Monitoring and Reporting Program
Surrey Farms Estates Subdivision Project
2 July 2026
MITIGATION MONITORING AND REPORTING PROGRAM
SURREY FARMS ESTATES SUBDIVISION PROJECT
Item
Number Checklist Question Mitigation Measure
Monitoring
Agency
Implementation
Schedule
SignOff
III. Air Quality
III-a;
III-b
Conflict with or obstruct
implementation of the
applicable air quality
plan; or result in a
cumulatively
considerable net
increase of any criteria
pollutant for which the
project region is nonattainment under an
applicable federal or
state ambient air quality
standard?
III-1 The project applicant shall show on
Improvement Plans via notation that the
project contractor shall restrict the construction
of the off-site sidewalk improvements along
the north side of Blossom Hill Road between
Regent Drive and Union Avenue and along the
north side of Fisher Avenue between Mitchell
Avenue and Roberts Road from occurring
simultaneously with the on-site construction of
the proposed project.
Alternatively, if simultaneous construction of
the on-site and off-site components of the
proposed project cannot be avoided, prior to
the initiation of ground disturbance associated
with the off-site sidewalk improvements, the
project applicant shall show on project
improvement plans via notation the following
requirements:
• The contractor shall ensure that all
construction equipment greater than
50 horsepower to be used in the
construction of the off-site sidewalk
improvements, including owned,
leased, and subcontractor vehicles,
shall be Tier 4 final off-road
construction equipment. In addition,
all off-road equipment operating at the
off-site construction site must be
maintained in proper working
condition according to manufacturer’s
specifications.
• Idling shall be limited to five minutes or
less in accordance with the In-Use OffTown of Los
Gatos Parks and
Public Works
Department
Prior to improvement
plans approval or
prior to the initiation
of ground
disturbance
associated with the
off-site sidewalk
improvements
ITEM NO. 1.
Mitigation Monitoring and Reporting Program
Surrey Farms Estates Subdivision Project
3 July 2026
MITIGATION MONITORING AND REPORTING PROGRAM
SURREY FARMS ESTATES SUBDIVISION PROJECT
Item
Number Checklist Question Mitigation Measure
Monitoring
Agency
Implementation
Schedule
SignOff
Road Diesel Vehicle Regulation as
required by CARB. Clear signage
regarding idling restrictions shall be
placed at the entrances to the
construction site.
• Portable equipment over 50
horsepower must have either a valid
BAAQMD Permit to Operate (PTO) or
a valid statewide Portable Equipment
Registration Program (PERP) placard
and sticker issued by CARB.
Conformance with the foregoing requirements
shall be confirmed through review and
approval of plans by the Town of Los Gatos
Parks and Public Works Department.
IV. Biological Resources
IV-a Have a substantial
adverse effect, either
directly or through
habitat modifications, on
any species identified
as a candidate,
sensitive, or special
status species in local
or regional plans,
policies, or regulations,
or by the California
Department of Fish and
Wildlife or U.S. Fish and
Wildlife Service?
California Red-Legged Frog
IV-1 Within 48 hours prior to any ground disturbing
activities or vegetation clearing within 50 feet
of Ross Creek, a pre-construction survey for
California red-legged frog shall be conducted
by a qualified biologist. Survey results shall be
submitted to the Town of Los Gatos
Community Development Department.
IV-2 If California red-legged frog is encountered,
activities shall cease until the animal moves
out of any proposed work area on its own or is
relocated by a permitted qualified biologist.
Proof of compliance with this mitigation
measure shall be provided to the Town of Los
Gatos Community Development Department.
Town of Los
Gatos Planning
Division
Town of Los
Gatos Planning
Division
Within 48 hours prior
to any ground
disturbing activities
or vegetation
clearing within 50
feet of Ross Creek
If California redlegged frog is
encountered
ITEM NO. 1.
Mitigation Monitoring and Reporting Program
Surrey Farms Estates Subdivision Project
4 July 2026
MITIGATION MONITORING AND REPORTING PROGRAM
SURREY FARMS ESTATES SUBDIVISION PROJECT
Item
Number Checklist Question Mitigation Measure
Monitoring
Agency
Implementation
Schedule
SignOff
IV-3 During construction activities, fiber netting
such as silt fence or similar material shall be
used for erosion control where appropriate
throughout the project site and within 50 feet of
Ross Creek to ensure that California redlegged frog does not get trapped. Proof of compliance with this mitigation measure shall
be provided to the Town of Los Gatos
Community Development Department.
White-Tailed Kite and Other Nesting Raptors
and Migratory Birds
IV-4 If tree removal or ground disturbing activities
are scheduled to commence during the
nesting season (February 1st through August
31st), a pre-construction nesting bird survey
shall be conducted by a qualified biologist
within seven days prior to such activities to
identify possible nesting activity. Survey
results shall be submitted to the Town of Los
Gatos Community Development Department.
If active nests are not found further mitigation
is not required. If one or more active nests are
found, a construction-free buffer of suitable
dimensions shall be established around any
active raptor or migratory bird nest for the
duration of the project, or until the qualified
biologist has determined that the chicks have
fledged and are foraging independently from
their parents. The buffer shall be identified on
the ground with flagging or fencing. The buffer
distance shall be determined by the on-site
qualified biologist based on the species, level
of disturbance activity, location of the nest, and
the topography between the nest and the
Town of Los
Gatos Planning
Division
Town of Los
Gatos Planning
Division
During construction
activities
Within seven days
prior to tree removal
or ground disturbing
activities, if such
activities are
scheduled to
commence during
the nesting season
(February 1st through
August 31st)
ITEM NO. 1.
Mitigation Monitoring and Reporting Program
Surrey Farms Estates Subdivision Project
5 July 2026
MITIGATION MONITORING AND REPORTING PROGRAM
SURREY FARMS ESTATES SUBDIVISION PROJECT
Item
Number Checklist Question Mitigation Measure
Monitoring
Agency
Implementation
Schedule
SignOff
construction activity; the construction-free
buffer shall consist of a minimum starting
distance of 250 feet for raptors and 25 feet for
other birds. Proof of compliance with this
mitigation measure shall be provided to the
Town of Los Gatos Community Development
Department.
Pallid Bat and Townsend’s Big-Eared Bat
IV-5 Prior to the commencement of construction
activities, a qualified biologist shall conduct a
bat habitat assessment of all potential roosting
habitat features, including trees within the
proposed impact footprint within the project
vicinity. The habitat assessment shall identify
all potentially suitable roosting habitat and may
be conducted up to one year prior to the start
of construction. The results of the assessment
shall be submitted to the Town of Los Gatos
Community Development Department.
IV-6 If potential roosting habitat is identified
(cavities in trees or potential roosts within
structures) within the areas proposed for
impact, the biologist shall survey the potential
roosting habitat during the active season
(generally April through October or from
January through March on days with
temperatures in excess of 50 degrees
Fahrenheit) within seven days prior to the start
of construction activities to determine the
presence of roosting bats. The surveys are
recommended to be conducted utilizing
methods that are considered acceptable by
CDFW and bat experts. Methods may include
evening emergence surveys, acoustic
Town of Los
Gatos Planning
Division
Town of Los
Gatos Planning
Division
Up to one year prior
to the
commencement of
construction
activities
Within seven days
prior to the start of
construction
activities, if potential
roosting habitat is
identified (cavities in
trees or potential
roosts within
structures) within the
areas proposed for
impact
ITEM NO. 1.
Mitigation Monitoring and Reporting Program
Surrey Farms Estates Subdivision Project
6 July 2026
MITIGATION MONITORING AND REPORTING PROGRAM
SURREY FARMS ESTATES SUBDIVISION PROJECT
Item
Number Checklist Question Mitigation Measure
Monitoring
Agency
Implementation
Schedule
SignOff
surveys, inspecting potential roosting habitat
with fiberoptic cameras, or a combination
thereof.
If a non-breeding bat colony is discovered, the
individuals shall be humanely evicted via twostep removal under the direction of a qualified biologist to ensure that harm or take would not
occur to any bats as a result of tree removal.
Two-step removal can only occur during March
1 to April 15 and September 1 to October 15 to
avoid harm to maternity and overwintering
colonies.
If a maternity colony is detected, then a
qualified biologist shall determine an
appropriate size for a construction-free buffer
to be established around the tree and remain
in place until the qualified biologist has
determined that the nursery is inactive. Tree
removal shall preferably be done between
March 1 and April 15 or August 15 and October
15 to avoid interfering with an active nursery.
Proof of compliance with this mitigation
measure shall be provided to the Town of Los
Gatos Community Development Department.
San Francisco Dusky-Footed Woodrat
IV-7 A qualified biologist shall conduct a preconstruction survey for San Francisco duskyfooted woodrat nests between 30 and 14 days prior to the onset of construction activities. The
survey shall encompass all construction zones
within the woodland habitat and developed
areas, and surrounding lands within 25 feet.
Town of Los
Gatos Planning
Division
Between 30 and 14
days prior to the
onset of construction
activities
ITEM NO. 1.
Mitigation Monitoring and Reporting Program
Surrey Farms Estates Subdivision Project
7 July 2026
MITIGATION MONITORING AND REPORTING PROGRAM
SURREY FARMS ESTATES SUBDIVISION PROJECT
Item
Number Checklist Question Mitigation Measure
Monitoring
Agency
Implementation
Schedule
SignOff
Results of the assessment shall be submitted
to the Town of Los Gatos Community
Development Department.
Identified nests shall be avoided, where
possible, and buffered by a minimum of 20
feet. If avoidance is not possible, the nest(s)
shall be manually deconstructed by a qualified
biologist when helpless young are not present,
typically during the non-breeding season
(October through January). If is the qualified
biologist has determined that young may be
present during the nest deconstruction, a
suitable buffer of a minimum of 20 feet shall be
established around the nest until a qualified
biologist determines that the young are
independent enough to successfully move
from the deconstructed nest. Approximate age
of the juveniles shall be recorded when
observed and appropriate time shall be
extrapolated out to when they would be
independent from their parents; then the
deconstruction can continue after the biologist
confirms that the young are not present in the
nest at the time. Proof of compliance with this
mitigation measure shall be provided to the
Town of Los Gatos Community Development
Department.
American Badger
IV-8 During the course of the pre-construction
surveys for other species, a qualified biologist
shall also determine the presence or absence
of badgers prior to the start of construction. If
badgers are found to be absent, other
Town of Los
Gatos Planning
Division
During the course of
the pre-construction
surveys for other
species
ITEM NO. 1.
Mitigation Monitoring and Reporting Program
Surrey Farms Estates Subdivision Project
8 July 2026
MITIGATION MONITORING AND REPORTING PROGRAM
SURREY FARMS ESTATES SUBDIVISION PROJECT
Item
Number Checklist Question Mitigation Measure
Monitoring
Agency
Implementation
Schedule
SignOff
mitigations for the protection of badgers shall
not be warranted.
If an active badger den is identified during preconstruction surveys within or immediately adjacent to an area subject to construction, a
construction-free buffer of up to 300 feet shall
be established around the den. Once a
qualified biologist has determined that badger
has vacated the burrow, the burrow can be
collapsed or excavated, and ground
disturbance can proceed. Should the burrow
be determined to be a natal or reproductive
den, and because badgers are known to use
multiple burrows in a breeding burrow
complex, a biological monitor shall be present
on-site during construction activities in the
vicinity of the burrows to ensure the buffer is
adequate to avoid direct impacts to individuals
or natal/reproductive den abandonment. The
monitor shall be present until is the qualified
biologist has determined that young are of an
independent age and construction activities
would not harm individual badgers.
Additionally, all workers shall attend a
“tailgate” training that includes a description of
the species, a brief summary of the species’
biology, and minimization measures and
instructions on what to do if American badger
is observed.
Proof of compliance with this mitigation
measure shall be provided to the Town of Los
Gatos Community Development Department.
ITEM NO. 1.
Mitigation Monitoring and Reporting Program
Surrey Farms Estates Subdivision Project
9 July 2026
MITIGATION MONITORING AND REPORTING PROGRAM
SURREY FARMS ESTATES SUBDIVISION PROJECT
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Number Checklist Question Mitigation Measure
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Burrowing Owl
IV-9 A qualified biologist shall conduct a
preconstruction survey for burrowing owl
following the 2012 CDFW Guidelines, or the
most recent guidelines, which includes two
surveys, one within 14 days prior to the start of
construction and the second within 24 hours
prior to the start of construction. If a lapse in
project-related work of 15 calendar days or
longer occurs, an additional survey shall be
required prior to reinitiation. A written summary
of the survey results shall be submitted to the
Town of Los Gatos Community Development
Department before any construction permits
are issued. If burrowing owls or active
burrows/refugia are not found, then further
mitigation measures are not necessary.
Identified burrowing owls shall be avoided and
active burrowing owl burrows shall be avoided
with a 250-foot non-disturbance buffer until the
burrow is abandoned. The project biologist
shall conduct a weekly check-in to confirm the
buffer is still intact and confirm the current
activity of that burrow. Proof of compliance
with this mitigation measure shall be provided
to the Town of Los Gatos Community
Development Department.
Town of Los
Gatos Planning
Division
Within 14 days prior
to the start of
construction and
within 24 hours prior
to the start of
construction
IV-b;
IV-c
Have a substantial
adverse effect on any
riparian habitat or other
sensitive natural
community identified in
local or regional plans,
policies, and regulations
or by the California
IV-10 Prior to initiation of any ground disturbance
activities, the project applicant shall submit to
the San Francisco Bay Regional Water Quality
Control Board (SFRWQCB) an application for
Clean Water Act Section 401 Water Quality
Certification and/or Waste Discharge
Requirements for Projects Involving Discharge
of Dredged and/or Fill Material to Waters of the
Los Gatos
Community
Development
Department
San Francisco
Bay Regional
Prior to initiation of
any ground
disturbance activities
ITEM NO. 1.
Mitigation Monitoring and Reporting Program
Surrey Farms Estates Subdivision Project
10 July 2026
MITIGATION MONITORING AND REPORTING PROGRAM
SURREY FARMS ESTATES SUBDIVISION PROJECT
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Department of Fish and
Wildlife or US Fish and
Wildlife Service; or have
a substantial adverse
effect on state or
federally protected
wetlands (including, but
not limited to, marsh,
vernal pool, coastal,
etc.) through direct
removal, filling,
hydrological
interruption, or other
means?
State. The project proponent shall be
responsible for conducting all project activities
in accordance with the permit provisions
outlined in the applicable SFRWQCB permit,
which may include but not necessarily be
limited to the following minimization and
compensation measures.
Minimization. Because full avoidance is not
possible, actions shall be taken to minimize
impacts to the ephemeral stream (e.g.,
potentially waters of the State and under the
jurisdiction of both RWQCB and CDFW).
Measures taken during construction activities
shall include placing construction fencing
around the ephemeral stream to be preserved
to ensure that construction activities do not
inadvertently impact these areas.
Compensation. The proposed project would
impact some small areas of the ephemeral
stream. Therefore, the project shall replace the
lost habitat value resulting from this impact
through the creation, restoration, and/or
enhancement of habitat at one or more
appropriate locations near the impacted areas
at a minimum of a 1:1 replacement-to-loss
ratio as well as reseeding or replanting of
vegetation in temporarily disturbed areas. The
final mitigation amounts will be based on
actual impacts to be determined during the
design phase. If impacts are lessened, then
the amount of mitigation should be
appropriately reduced.
Water Quality
Control Board
(SFRWQCB)
California
Department of
Fish and Wildlife
(CDFW)
ITEM NO. 1.
Mitigation Monitoring and Reporting Program
Surrey Farms Estates Subdivision Project
11 July 2026
MITIGATION MONITORING AND REPORTING PROGRAM
SURREY FARMS ESTATES SUBDIVISION PROJECT
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It is anticipated that all compensation
measures can be accommodated on-site
within the existing ephemeral stream including
removal of the existing culvert in the upper
area of the stream and creation of new incised
channel segments. In consultation with and as
approved by the SFRWQCB, an on-site habitat
mitigation and monitoring plan (HMMP) shall
be developed in order to create, restore,
and/or enhance the ephemeral stream with
habitat functions and values greater than or
equal to those existing in the impact zone. At a
minimum, the HMMP shall include, unless
otherwise specified by the SFRWQCB:
• The location of all enhancement
and/or restoration activities. The
created/restored ephemeral channels
shall be monitored for five years
between the months of April through
July during the mitigation monitoring
years, and after any storm greater or
equal to the 10-year rainfall event, as
defined by Valley Water. The
performance criterion for the stability
and function of the ephemeral stream
channels is that the bed and banks of
the created channels shall be stable
with no observed excessive erosion or
deposition of sediment, or signs of
instability;
• Planting and irrigation specifications;
• Site maintenance and management
requirements (weeding of invasive
species, providing for supplemental
ITEM NO. 1.
Mitigation Monitoring and Reporting Program
Surrey Farms Estates Subdivision Project
12 July 2026
MITIGATION MONITORING AND REPORTING PROGRAM
SURREY FARMS ESTATES SUBDIVISION PROJECT
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water, repair of water delivery
systems, etc.);
• Vegetation Monitoring for five years
between April and July, with the goal
of ensuring the created/restored
channels are adequately vegetated to
stabilize surface soils and to ensure
harmful invasive species are not
dominating these areas. The absolute
cover of herbaceous vegetative cover
shall reach a minimum of 70% by year
5. Highly invasive weeds (Cal-IPC
2026) and other potentially damaging
plants in the channel creation areas
shall be at a minimum of less than
20% in Year 5; and
• Adaptive management procedures,
which could include replanting of
restoration areas following annual
monitoring surveys; channel
stabilization measures; etc.
Written verification of the 401 Water Quality
Certification or Waste Discharge
Requirements shall be provided to the Town of
Los Gatos Community Development
Department, prior to initiation of any ground
disturbance activities.
IV-11 The CDFW maintains jurisdiction over the bed
and bank of the bed, channel, and banks of
any river, stream, or lake (Fish and Game
Code Section 1602) and impacts to such areas
may require a Lake or Streambed Alteration
Agreement (LSAA). Prior to initiating
construction activities, the project shall notify
Los Gatos
Community
Development
Department
CDFW
Prior to initiating
construction
activities and/or
ground disturbance
activities
ITEM NO. 1.
Mitigation Monitoring and Reporting Program
Surrey Farms Estates Subdivision Project
13 July 2026
MITIGATION MONITORING AND REPORTING PROGRAM
SURREY FARMS ESTATES SUBDIVISION PROJECT
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CDFW of the intentions of the project to
determine if an LSAA is required. If required,
mitigation may include restoration or
enhancement of resources on-site as specified
in Mitigation Measure IV-10. Written
verification of the Section 1600 LSAA or, if a
LSAA is not required, written correspondence
from CDFW to this effect, shall be provided to
the Town of Los Gatos Community
Development Department, prior to initiation of
any ground disturbance activities.
IV-e. Conflict with any local
policies or ordinances
protecting biological
resources, such as a
tree preservation policy
or ordinance?
IV-12 Prior to the start of construction activities, the applicant shall comply with the Town of Los
Gatos Tree Protection Ordinance and a tree
removal permit shall be obtained from the
Town for the removal of any on-site trees that
qualify as a protected tree. If the trees
proposed for removal are found to be in good
condition, and the tree removal permit is
granted primarily for the convenience of the
applicant, then the full cost and responsibility
of such removal shall be borne by the
applicant, including planting of replacement
trees. According to the Tree Mitigation and
Protection Plan prepared for the proposed
project, the project would not meet the
required on-site tree replacement requirement;
thus, the project applicant shall pay the
appropriate in-lieu fees, pursuant to the
requirements of Division II of Chapter 29.10 of
the Town’s Municipal Code. The above noted
requirements shall be completed to the
satisfaction of the Town of Los Gatos Planning
Division.
Town of Los
Gatos Planning
Division
Prior to the start of
construction
activities
ITEM NO. 1.
Mitigation Monitoring and Reporting Program
Surrey Farms Estates Subdivision Project
14 July 2026
MITIGATION MONITORING AND REPORTING PROGRAM
SURREY FARMS ESTATES SUBDIVISION PROJECT
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V. Cultural Resources
V-b;
V-c
Cause a substantial
adverse change in the
significance of a unique
archaeological resource
pursuant to Section
15064.5; or disturb any
human remains,
including those interred
outside of dedicated
cemeteries?
V-1 If historic, archaeological, or paleontological
resources are encountered during subsurface
excavation activities, all construction activities
within a 100-foot radius of the resource shall
cease until a qualified archaeologist
determines whether the resource requires
further study. The Town shall require that the
applicant include a standard inadvertent
discovery clause in every construction contract
to inform contractors of this requirement. Any
previously undiscovered resources found
during construction shall be recorded on
appropriate California Department of Parks
and Recreation forms and evaluated for
significance in terms of California
Environmental Quality Act (CEQA) criteria by
a qualified archaeologist. Potentially significant
cultural resources consist of, but are not
limited to, stone, bone, fossils, wood, or shell
artifacts or features, including hearths,
structural remains, or historic dumpsites.
If the resource is determined to be significant
under CEQA, the Town and a qualified
archaeologist shall determine whether
preservation in place is feasible. Such
preservation in place is the preferred
mitigation. If such preservation is infeasible,
the qualified archaeologist shall prepare and
implement a research design and
archaeological data recovery plan for the
resource. The archaeologist shall also conduct
appropriate technical analyses, prepare a
comprehensive written report and file the
report with the appropriate information center
The Town of Los
Gatos
Community
Development
Department
During construction,
if historic,
archaeological, or
paleontological
resources are
encountered during
subsurface
excavation activities
ITEM NO. 1.
Mitigation Monitoring and Reporting Program
Surrey Farms Estates Subdivision Project
15 July 2026
MITIGATION MONITORING AND REPORTING PROGRAM
SURREY FARMS ESTATES SUBDIVISION PROJECT
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(California Historical Resources Information
System), and provide for the permanent
curation of the recovered materials.
V-2 If human remains, or remains that are
potentially human, are found during
construction, all work shall be halted
immediately within 100 feet, and a professional
archeologist shall ensure reasonable
protection measures are taken to protect the
discovery from disturbance. The archaeologist
shall notify the Santa Clara County Coroner
(pursuant to Section 7050.5 of the State Health
and Safety Code). The provisions of Section
7050.5 of the California Health and Safety
Code, Section 5097.98 of the California Public
Resources Code, and Assembly Bill (AB) 2641
will be implemented. If the Coroner determines
the remains are Native American and not the
result of a crime scene, then the Coroner will
notify the Native American Heritage
Commission (NAHC), which then will
designate a Native American Most Likely
Descendant (MLD) for the project (Section
5097.98 of the Public Resources Code). The
designated MLD will have 48 hours from the
time access to the property is granted to make
recommendations concerning treatment of the
remains. If the applicant does not agree with
the recommendations of the MLD, the NAHC
can mediate (Section 5097.94 of the Public
Resources Code). If an agreement is not
reached, the qualified archaeologist or MLD
must rebury the remains where they will not be
further disturbed (Section 5097.98 of the
Public Resources Code). This will also include
Town of Los
Gatos
Community
Development
Department
Santa Clara
County Coroner
NAHC, if the
Santa Clara
County Coroner
determines
remains are
Native American
During construction,
if human remains, or
other remains that
are potentially
human, are found
ITEM NO. 1.
Mitigation Monitoring and Reporting Program
Surrey Farms Estates Subdivision Project
16 July 2026
MITIGATION MONITORING AND REPORTING PROGRAM
SURREY FARMS ESTATES SUBDIVISION PROJECT
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either recording the site with the NAHC or the
appropriate Information Center, using an open
space or conservation zoning designation or
easement, or recording a reinternment
document with the county in which the property
is located (AB 2641). Work cannot resume
within the no-work radius until the lead agency,
through consultation as appropriate,
determines that the treatment measures have
been completed to the Town’s satisfaction.
VII. Geology and Soils
VII-aii;
VII-aiii;
VII-c;
VII-d
Directly or indirectly
cause potential
substantial adverse
effects, including the
risk of loss, injury, or
death involving: strong
seismic ground shaking;
or seismic-related
ground failure, including
liquefaction; or be
located on a geologic
unit or soil that is
unstable, or that would
become unstable as a
result of the project, and
potentially result in onor off-site landslide,
lateral spreading,
subsidence, liquefaction
or collapse; or be
located on expansive
soil, as defined in Table
18-1B of the Uniform
Building Code (1994),
creating substantial
VII-1 Prior to approval of any grading or
improvement plans for the project, a licensed
engineer shall review the plans to ensure the
engineering recommendations set forth in the
site-specific Geotechnical and Geologic
Hazard Investigation prepared for the
proposed project by Cornerstone Earth Group
are adequately incorporated, including all
relevant CBSC standards, to the satisfaction of
the Town’s Engineer. All grading and
improvement plans shall be reviewed and
approved by the Town of Los Gatos
Community Development Department and the
Town’s Engineer.
Town of Los
Gatos
Town Engineer
Prior to approval of
any grading or
improvement plans
for the project
ITEM NO. 1.
Mitigation Monitoring and Reporting Program
Surrey Farms Estates Subdivision Project
17 July 2026
MITIGATION MONITORING AND REPORTING PROGRAM
SURREY FARMS ESTATES SUBDIVISION PROJECT
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direct or indirect risks to
life or property?
X. Hydrology and Water Quality
X-a Violate any water quality
standards or waste
discharge requirements
or otherwise
substantially degrade
surface or ground water
quality?
X-1 Prior to any ground-disturbing activities, the
project applicant shall prepare and submit a
final erosion and sediment control plan for
review and approval by the Town of Los Gatos
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. 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. Prior to any
ground disturbance, the on-site aquatic
features (i.e., the ephemeral stream and Ross
Creek) shall be flagged by a qualified biologist
with highly visible flagging tape, or similar, to
clearly demarcate the limits of the aquatic
features, and interim erosion control measures
shall be installed around the aquatic features,
at a minimum. The project applicant shall
submit a letter to the Town prepared by the
qualified biologist confirming completion of the
flagging for review and approval prior to
commencement of any ground disturbance.
Interim erosion control methods 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. The project contractor
shall provide erosion control measures as
needed to protect downstream water quality
Town of Los
Gatos
Engineering
Division
Town of Los
Gatos Building
Department
Prior to any grounddisturbing activities
ITEM NO. 1.
Mitigation Monitoring and Reporting Program
Surrey Farms Estates Subdivision Project
18 July 2026
MITIGATION MONITORING AND REPORTING PROGRAM
SURREY FARMS ESTATES SUBDIVISION PROJECT
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during winter months. The grading, drainage,
erosion control plan and SWPPP shall be
prepared 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) shall be developed 48 hours prior
to any likely precipitation event, defined by a
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
(https://www.cpc.ncep.noaa.gov/) which shall
accompany monitoring reports and sampling
test data. A rain gauge is required on-site. The
Town of Los Gatos Engineering Division shall
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.
ITEM NO. 1.
Mitigation Monitoring and Reporting Program
Surrey Farms Estates Subdivision Project
19 July 2026
MITIGATION MONITORING AND REPORTING PROGRAM
SURREY FARMS ESTATES SUBDIVISION PROJECT
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XIII. Noise
XIII-a Generate a substantial
temporary or permanent
increase in ambient
noise levels in the
vicinity of the project in
excess of standards
established in the local
general plan or noise
ordinance, or applicable
standards of other
agencies?
XIII-1 For any construction proposed within 25 feet of
a noise-sensitive receptor, the proposed
project shall implement construction
equipment staging areas to create distance
between construction-related noise sources
and noise-sensitive receptors; use electric
tools; use mobile construction equipment with
smart back-up alarms; and implement
additional noise attenuation techniques during
the clearing, earth moving, grading, and
foundation/conditioning phases of
construction, such as temporary sound
barriers between the construction site and the
sensitive receptors. The foregoing
requirements shall be included in the grading
plan to the satisfaction of the Town’s Engineer
and shall be submitted for review and approval
to the Town of Los Gatos Community
Development Department.
Town Engineer
Town of Los
Gatos
Community
Development
Department
During any
construction
proposed within 25
feet of a noisesensitive receptor
XIII-b Generate excessive
groundborne vibration
or groundborne noise
levels?
XIII-2 Any compaction required within 26 feet of
existing structures adjacent to the off-site
improvement areas shall be accomplished by
using static drum rollers, rather than vibratory
compactors/rollers, which use weight instead
of vibrations to achieve soil compaction. As an
alternative, preconstruction crack
documentation and construction vibration
monitoring could be conducted to ensure that
construction vibrations do not cause damage
to any adjacent structures. The above
requirements shall be included by way of
notation on any future improvement plans
approved for the off-site improvements to the
satisfaction of the Town of Los Gatos
Community Development Department.
Town of Los
Gatos
Community
Development
Department
During any
compaction required
within 26 feet of
existing structures
adjacent to the offsite improvement
areas
ITEM NO. 1.
Mitigation Monitoring and Reporting Program
Surrey Farms Estates Subdivision Project
20 July 2026
MITIGATION MONITORING AND REPORTING PROGRAM
SURREY FARMS ESTATES SUBDIVISION PROJECT
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XVII. Transportation
XVII-b Conflict or be
inconsistent with CEQA
Guidelines section
15064.3, subdivision
(b)?
XVII-1 Concurrent with submittal of final project
improvement plans, the project applicant shall
also submit to the Town of Los Gatos
Community Development Department for
review and approval off-site improvement
plans showing the construction of new
sidewalks at the following intersections:
• Along the north side of Blossom Hill
Road between Regent Drive and
Union Avenue; and
• Along the north side of Fisher Avenue
between Mitchell Avenue and Roberts
Road.
The improvement plans shall demonstrate, to
the satisfaction of the Town Engineer, that the
off-site sidewalk improvements would comply
with all applicable design parameters and
requirements set forth by the Town of Los
Gatos. The off-site improvements shall be
constructed prior to the issuance of any
certificate of occupancy for the project.
Town of Los
Gatos
Town Engineer
Concurrent with
submittal of final
project improvement
plans
XVIII. Tribal Cultural Resources
XVIII-a;
XVIII-b
Would the project cause
a substantial adverse
change in the
significance of a tribal
cultural resource,
defined in Public
Resources Code
section 21074 as either
a site, feature, place,
cultural landscape that
XVIII-1 Implement Mitigation Measures V-1 and V-2. See Mitigation Measures V-1
and V-2
See Mitigation
Measures V-1 and
V-2
ITEM NO. 1.
Mitigation Monitoring and Reporting Program
Surrey Farms Estates Subdivision Project
21 July 2026
MITIGATION MONITORING AND REPORTING PROGRAM
SURREY FARMS ESTATES SUBDIVISION PROJECT
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is geographically
defined in terms of the
size and scope of the
landscape, sacred
place, or object with
cultural value to a
California Native
American Tribe, and
that is: listed or eligible
for listing in the
California Register of
Historical Resources, or
in a local register of
historical resources as
defined in Public
Resources Code
section 5020.1(k); or a
resource determined by
the lead agency, in its
discretion and
supported by substantial
evidence, to be
significant pursuant to
criteria set forth in
subdivision (c) of Public
Resources Code
Section 5024.1. In
applying the criteria set
forth in subdivision (c) of
Public Resources Code
Section 5024.1, the lead
agency shall consider
the significance of the
resource to a California
Native American tribe.
ITEM NO. 1.
TOWN COUNCIL – August 11, 2026 – Draft
CONDITIONS OF APPROVAL
178 Twin Oaks Drive, Lots 1 -12
Vesting Tentative Map Application M-24-013
Architecture and Site Applications S-24-023 through S-24-033 and S-24-059 Mitigated Negative Declaration ND-25-001
Consider a Request for Approval for the Subdivision of One Lot into Twelve Lots with a Vesting Tentative Map, Construction of a New Single-Family Residence on Each Lot, Site Work Requiring a Grading Permit, and Removal of Large Protected Trees Under Senate Bill 330 (SB 330) on a Vacant Property Zoned RC. APN 532-16-006. A Recirculated Initial Study and Mitigated Negative Declaration Have Been Prepared.
Property Owner/Applicant: Larry Dodge
Project Planner: Erin Walters
TO THE SATISFACTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT:
Planning Division
APPLICABLE TO ALL LOTS
1. APPROVAL: This project is vested to the ordinances, policies, and standards in effect on December 19, 2023, and these conditions of approval conform to those ordinances, policies, and standards. This application shall be completed in accordance with all of the conditions of approval and in substantial compliance with the approved plans. Any changes or modifications to the approved plans shall be approved by the Community Development Director, Development Review Committee, 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, pursuant to Section 29.20.335 of the Town Code..
3. COVENANTS, CONDITIONS, AND RESTRICTIONS (CC&R): CC&Rs must be approved by the Town and recorded with the County prior to recording of map.
4. MASTER DEVELOPER: This project shall be developed and constructed by a single Master Developer responsible for the coordinated implementation of all site improvements, infrastructure, and building construction. Individual lots within the approved subdivision or development area shall not be sold, transferred, or otherwise conveyed to separate entities or individuals for the purpose of independent development, construction, or sale prior to completion of the project as a whole. Prior to recordation of any Final Map or issuance of any Bbuilding Ppermits, the applicant shall provide documentation to the Community Development Director demonstrating that a single Master Developer is responsible for construction and delivery of the project. Prior to issuance of any Certificates of Occupancy, the Town shall verify compliance with this condition. This condition shall be printed as a note on the Final Map.
ITEM NO. 1.
5. BELOW MARKET PRICE (BMP) UNITS: The developer shall provide three (3) BMP units (low income) for sale to be sold at a price that is affordable to the target household lowincome range, as required by the Town’s applicable BMP Program Guidelines and the applicable BMP Resolution. A deed restriction shall be recorded prior to the issuance of any Bbuilding Ppermits for residential units, stating that the BMP unit must be sold and maintained as a below market price unit pursuant to the Town’s BMP Ordinance and Guidelines.
6. AFFORDABLE HOUSING AGREEMENT: Prior to issuance of building Building permits Permits for residential units, the developer shall enter into an Affordable Housing Agreement with the Town for provision of the required BMP units and to facilitate their sale pursuant to the BMP Program Guidelines and BMP Resolution in place at the time of Bbuilding Ppermit issuance.
7. PHASING OF THE CONSTRUCTION OF BMP UNITS: The Certificate of Occupancy for the first market rate unit shall not be issued until all three required BMP units have been constructed and Certificates of Occupancy for each BMP unit have been secured.
8. OPEN SPACE EASEMENTS: The Final Map submitted for recordation with the County Recorder shall include open space easements on Lots 1, 4, 5, 6, 8, 9, 10, 11 and 12 to protect unique natural features, habitats, and movement corridors on the property, as shown in the Development Plans and Exhibit 35 of the June 11, 2026, Planning Commission staff report. Easements lying in, on, over, under and along those certain strips of land designated and delineated as “O.S.E.” (Open Space Easement). No activity or use shall be conducted in said open space easement which is not compatible with maintaining and preserving the natural or scenic character of the land. The open space easement shall be maintained by the property owner. Said easements shall be kept open and free from buildings and structures of any kind except public service structures, irrigation systems, and appurtenances thereto, lawful fences and all lawful roof overhangs.
9. PUBLIC TRAIL EASEMENTS: The Final Map submitted for recordation with the County Recorder shall include public trail easements to the Town of Los Gatos on Lots 1, 4, 5, 6, 8,9,10, 11 and 12 as shown in the Development Plans and Exhibit 35 of the June 11, 2026, Planning Commission staff report.
a. The applicant shall extend a 20-foot public trail easement along the northern boundary of Lot 10 and connect to the driveway of Lot 10. b. The applicant shall make good faith effort with the adjacent property owner to obtain the appropriate trail easement to have the public trail cross the small section of private property located at 15955 Cerro Vista Court/APN 537-30-010 and connect to Cerro Vista Court.
a. c. A public bike and pedestrian easement shall be shown on the final map from the end of Brook Acres Drive, through the project’s EVAE and through the project’s private road to Twin Oaks Drive.
10. PUBLIC PEDESTRIAN AND BIKE ACCESS GATE: The applicant shall provide a public pedestrian and bike access gate at the end of Brook Acres Drive as approved by the Town Engineer and the Santa Clara County Fire Department prior to issuance of Building Permits or Grading Permits.
9.11. PUBLIC ART: The applicant shall comply with the requirements of Chapter 25, Article VII
ITEM NO. 1.
of the Town Code. The payment of the Los Gatos Public Art Fund in-lieu fee must be made prior to the issuance of any Bbuilding Ppermit for the development project.
10.12. TREE REMOVAL PERMIT: A Tree Removal Permit shall be obtained for any trees to be removed, prior to the issuance of Building and/or Grading Permits. Per Town Code Section 26.20.010 and Chapter 29, Article 1, Division 2, the developer shall obtain a tree removal permit prior to the removal of protected trees on private or Town property.
The project developer shall abide by any tree replacement ratios and/or in-lieu payments, tree protection measures, and best management practices required by the tree removal permit and/or within an updated arborist report.
11.13. REPLACEMENT TREES: New trees shall be planted to mitigate the loss of trees being removed. The number of trees and size of replacement trees shall be determined using the canopy replacement table in the Town Code and pursuant to the Hillside Development Standards and Guidelines, Appendix A.
12.14. EXISTING TREES: 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.
13.15. ARBORIST REQUIREMENTS: Prior to issuance of Building and/or Grading Permits, the developer shall implement, at their cost, all recommendations identified in the Arborist’s report for the project, on file in the Community Development Department.
These recommendations must be incorporated in the Building Permit plans and completed prior to issuance of a Bbuilding Ppermit where applicable and shall remain through all phases of construction.
14.16. TREE FENCING: Prior to issuance of Building and/or Grading Permits, protective tree fencing and other protection measures consistent with Section 29.10.1005 of the Town Code shall be placed as shown on the Tree Protection Plan of the approved plans prior to issuance of demolition and Bbuilding Ppermits and shall remain through all phases of construction. Include a tree protection plan with the construction plans.
15.17. TREE STAKING: Prior to final inspection, all newly planted trees shall be double staked using rubber tree ties.
18. LANDSCAPING: The final landscape plan shall comply with the Hillside Development Standards and Guidelines criteria for planting (ornamental planting shall be confined to areas within 30 feet of the house, inclusive of decks, patios and driveway). Prior to issuance of the Certificate of Occupancy, landscaping must be installed and completed.
16.19. LANDSCAPE PLAN: The final landscaping plans shall include the landscape plans and planting list found in Exhibit 36 of Attachment 7 of the August 11, 2026, Town Council Report. All planting shall conform with the Hillside Development Standards and Guidelines and the plant species listed in Exhibit 36 of Attachment 7 of the August 11, 2026, Town Council Report.
20. LANDSCAPE SCREENING: The applicant shall work with the adjacent neighbors to develop a landscape plan to address screening between the properties, and work with staff to select the appropriate trees and shrubs prior to issuance of a Building Permit.
17.21. WATER EFFICIENCY LANDSCAPE ORDINANCE: The final landscape plan, including landscape and irrigation plans and calculations, shall meet the Town of Los Gatos Water Conservation Ordinance or the State Water Efficient Landscape Ordinance, whichever is more restrictive. The final landscape plan shall be reviewed by the Town’s consultant prior to issuance of Bbuilding Ppermits. A review fee based on the current fee schedule
ITEM NO. 1.
adopted by the Town Council is required when working landscape and irrigation plans are submitted for review.
18.22. PROJECT IDENTIFICATION SIGNAGE: Project identification signage on the project site shall be removed within 30 days of final action on the applications.
19.23. EXTERIOR COLOR: The exterior colors of the house shall not exceed an average light reflectivity value of 30 and shall blend with the natural vegetation.
20.24. LRV DEED RESTRICTION: Prior to the issuance of a Bbuilding Ppermit, a deed restriction shall be recorded by the applicant with the Santa Clara County Recorder’s Office that requires all exterior colors to be maintained in conformance with the Hillside Development Standards and Guidelines.
21.25. PROPERTY FENCE: All new fencing shall comply with Town Code Section 29.40.0315 at Bbuilding Ppermit stage, unless an exception is granted by the Community Development Director.
22.26. 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.
27. TOWN INDEMNITY: Applicants are notified that Town Code Section 1.10.115 requires that any applicant who receives a permit or entitlement (“the Project”) from the Town shall defend (with counsel approved by Town), indemnify, and hold harmless the Town, its agents, officers, and employees from and against any claim, action, or proceeding (including without limitation any appeal or petition for review thereof) against the Town or its agents, officers or employees related to an approval of the Project, including without limitation any related application, permit, certification, condition, environmental determination, other approval, compliance or failure to comply with applicable laws and regulations, and/or processing methods (“Challenge”). Town may (but is not obligated to) defend such Challenge as Town, in its sole discretion, determines appropriate, all at applicant’s sole cost and expense.
Applicant shall bear any and all losses, damages, injuries, liabilities, costs and expenses (including, without limitation, staff time and in-house attorney’s fees on a fully-loaded basis, attorney’s fees for outside legal counsel, expert witness fees, court costs, and other litigation expenses) arising out of or related to any Challenge (“Costs”), whether incurred by Applicant, Town, or awarded to any third party, and shall pay to the Town upon demand any Costs incurred by the Town. No modification of the Project, any application, permit certification, condition, environmental determination, other approval, change in applicable laws and regulations, or change in such Challenge as Town, in its sole discretion, determines appropriate, all the applicant’s sole cost and expense. No modification of the Project, any application, permit certification, condition, environmental determination, other approval, change in applicable laws and regulations, or change in processing methods shall alter the applicant’s indemnity obligation.
28. COMPLIANCE MEMORANDUM: A memorandum shall be prepared and submitted with the building plans detailing how the Conditions of Approval will be addressed.
ITEM NO. 1.
ENVIRONMENTAL REVIEW MITIGATION MEASURE CONDITIONS APPLICABLE TO ALL LOTS *
29. *AIR QUALITY - III-1: The project applicant shall show on Improvement Plans via notation that the project contractor shall restrict the construction of the off-site sidewalk improvements along the north side of Blossom Hill Road between Regent Drive and Union Avenue and along the north side of Fisher Avenue between Mitchell Avenue and Roberts Road from occurring simultaneously with the on-site construction of the proposed project. Alternatively, if simultaneous construction of the on-site and off-site components of the proposed project cannot be avoided, prior to the initiation of ground disturbance associated with the off-site sidewalk improvements, the project applicant shall show on project improvement plans via notation the following requirements:
• The contractor shall ensure that all construction equipment greater than 50 horsepower to be used in the construction of the off-site sidewalk improvements, including owned, leased, and subcontractor vehicles, shall be Tier 4 final off-road construction equipment. In addition, all off-road equipment operating at the off-site construction site must be maintained in proper working condition according to manufacturer’s specifications.
• Idling shall be limited to five minutes or less in accordance with the In-Use OffRoad Diesel Vehicle Regulation as required by CARB. Clear signage regarding idling restrictions shall be placed at the entrances to the construction site. • Portable equipment over 50 horsepower must have either a valid BAAQMD Permit to Operate (PTO) or a valid statewide Portable Equipment Registration Program (PERP) placard and sticker issued by CARB.
• Conformance with the foregoing requirements shall be confirmed through review and approval of plans by the Town of Los Gatos Community Development Department. Road Diesel Vehicle Regulation as required by CARB. Clear signage regarding idling restrictions shall be placed at the entrances to the construction site.
• Portable equipment over 50 horsepower must have either a valid BAAQMD Permit to Operate (PTO) or a valid statewide Portable Equipment Registration Program (PERP) placard and sticker issued by CARB.
Conformance with the foregoing requirements shall be confirmed through review and approval of plans by the Town of Los Gatos Parks and Public Works Department.
30. *BIOLOGICAL RESOURCES IV- 1, CALIFORNIA RED-LEGGED FROG: Within 48 hours prior to any ground disturbing activities or vegetation clearing within 50 feet of Ross Creek, a pre-construction survey for California red-legged frog shall be conducted by a qualified biologist. Survey results shall be submitted to the Town of Los Gatos Community Development Department.
31. *BIOLOGICAL RESOURCES IV- 2- CALIFORNIA RED-LEGGED FROG: If California red-legged frog is encountered, activities shall cease until the animal moves out of any proposed work area on its own or is relocated by a permitted qualified biologist. Proof of compliance with this mitigation measure shall be provided to the Town of Los Gatos Community Development Department.
32. *BIOLOGICAL RESOURCES IV- 3, CALIFORNIA RED-LEGGED FROG: During construction activities, fiber netting such as silt fence or similar material shall be used for erosion
ITEM NO. 1.
control where appropriate throughout the project site and within 50 feet of Ross Creek to ensure that California red-legged frog does not get trapped. Proof of compliance with this mitigation measure shall be provided to the Town of Los Gatos Community Development Department.
33. *BIOLOGICAL RESOURCES IV-4, WHITE-TAILED KITE AND OTHER NESTING RAPTORS AND MIGRATORY BIRDS: If tree removal or ground disturbing activities are scheduled to commence during the nesting season (February 1st through August 31st), a preconstruction nesting bird survey shall be conducted by a qualified biologist within seven days prior to such activities to identify possible nesting activity. Survey results shall be submitted to the Town of Los Gatos Community Development Department. If active nests are not found further mitigation is not required. If one or more active nests are found, a construction-free buffer of suitable dimensions shall be established around any active raptor or migratory bird nest for the duration of the project, or until the qualified biologist has determined that the chicks have fledged and are foraging independently from their parents. The buffer shall be identified on the ground with flagging or fencing. The buffer distance shall be determined by the on-site qualified biologist based on the species, level of disturbance activity, location of the nest, and the topography between the nest and the construction activity; the construction-free buffer shall consist of a minimum starting distance of 250 feet for raptors and 25 feet for other birds. Proof of compliance with this mitigation measure shall be provided to the Town of Los Gatos Community Development Department.
34. *BIOLOGICAL RESOURCES IV-5, PALLID BAT AND TOWNSEND’S BIG EARED BAT: Prior to the commencement of construction activities, a qualified biologist shall conduct a bat habitat assessment of all potential roosting habitat features, including trees within the proposed impact footprint within the project vicinity. The habitat assessment shall identify all potentially suitable roosting habitat and may be conducted up to one year prior to the start of construction. The results of the assessment shall be submitted to the Town of Los Gatos Community Development Department.
35. *BIOLOGICAL RESOURCES IV-6, PALLID BAT AND TOWNSEND’S BIG-EARED BAT: If potential roosting habitat is identified (cavities in trees or potential roosts within structures) within the areas proposed for impact, the biologist shall survey the potential roosting habitat during the active season (generally April through October or from January through March on days with temperatures in excess of 50 degrees Fahrenheit) within seven days prior to the start of construction activities to determine the presence of roosting bats. The surveys are recommended to be conducted utilizing methods that are considered acceptable by CDFW and bat experts. Methods may include evening emergence surveys, acoustic surveys, inspecting potential roosting habitat with fiberoptic cameras, or a combination thereof. If a non-breeding bat colony is discovered, the individuals shall be humanely evicted via two-step removal under the direction of a qualified biologist to ensure that harm or take would not occur to any bats as a result of tree removal. Two-step removal can only occur during March 1 to April 15 and September 1 to October 15 to avoid harm to maternity and overwintering colonies. If a maternity colony is detected, then a qualified biologist shall determine an appropriate size for a construction-free buffer to be established around the tree and remain in place until the qualified biologist has determined that the nursery is inactive. Tree removal shall
ITEM NO. 1.
preferably be done between March 1 and April 15 or August 15 and October 15 to avoid interfering with an active nursery. Proof of compliance with this mitigation measure shall be provided to the Town of Los Gatos Community Development Department.
36. *BIOLOGICAL RESOURCES IV-7, SAN FRANCISCO DUSKY-FOOTED WOODRAT: A qualified biologist shall conduct a pre-construction survey for San Francisco dusky-footed woodrat nests between 30 and 14 days prior to the onset of construction activities. The survey shall encompass all construction zones within the woodland habitat and developed areas, and surrounding lands within 25 feet. Results of the assessment shall be submitted to the Town of Los Gatos Community Development Department. Identified nests shall be avoided, where possible, and buffered by a minimum of 20 feet. If avoidance is not possible, the nest(s) shall be manually deconstructed by a qualified biologist when helpless young are not present, typically during the non-breeding season (October through January). If is the qualified biologist has determined that young may be present during the nest deconstruction, a suitable buffer of a minimum of 20 feet shall be established around the nest until a qualified biologist determines that the young are independent enough to successfully move from the deconstructed nest. Approximate age of the juveniles shall be recorded when observed and appropriate time shall be extrapolated out to when they would be independent from their parents; then the deconstruction can continue after the biologist confirms that the young are not present in the nest at the time. Proof of compliance with this mitigation measure shall be provided to the Town of Los Gatos Community Development Department.
37. *BIOLOGICAL RESOURCES IV-8, AMERICAN BADGER: During the course of the preconstruction surveys for other species, a qualified biologist shall also determine the presence or absence of badgers prior to the start of construction. If badgers are found to be absent, other mitigations for the protection of badgers shall not be warranted. If an active badger den is identified during pre-construction surveys within or immediately adjacent to an area subject to construction, a construction-free buffer of up to 300 feet shall be established around the den. Once a qualified biologist has determined that badger has vacated the burrow, the burrow can be collapsed or excavated, and ground disturbance can proceed. Should the burrow be determined to be a natal or reproductive den, and because badgers are known to use multiple burrows in a breeding burrow complex, a biological monitor shall be present on-site during construction activities in the vicinity of the burrows to ensure the buffer is adequate to avoid direct impacts to individuals or natal/reproductive den abandonment. The monitor shall be present until is the qualified biologist has determined that young are of an independent age and construction activities would not harm individual badgers. Additionally, all workers shall attend a “tailgate” training that includes a description of the species, a brief summary of the species’ biology, and minimization measures and instructions on what to do if American badger is observed. Proof of compliance with this mitigation measure shall be provided to the Town of Los Gatos Community Development Department.
38. * BIOLOGICAL RESOURCES IV-9, BURROWING OWL: A qualified biologist shall conduct a preconstruction survey for burrowing owl following the 2012 CDFW Guidelines, or the most recent guidelines, which includes two surveys, one within 14 days prior to the start of construction and the second within 24 hours prior to the start of construction. If a lapse in project-related work of 15 calendar days or longer occurs, an additional survey shall be
ITEM NO. 1.
required prior to reinitiation. A written summary of the survey results shall be submitted to the Town of Los Gatos Community Development Department before any construction permits are issued. If burrowing owls or active burrows/refugia are not found, then further mitigation measures are not necessary. Identified burrowing owls shall be avoided and active burrowing owl burrows shall be avoided with a 250-foot non-disturbance buffer until the burrow is abandoned. The project biologist shall conduct a weekly checkin to confirm the buffer is still intact and confirm the current activity of that burrow. Proof of compliance with this mitigation measure shall be provided to the Town of Los Gatos Community Development Department.
39. *BIOLOGICAL RESOURCES IV-10, WATER QUALITY CONTROL BOARD (SFRWQCB) AND CALIFORNIA DEPARTMENT OF FISH AND WILDLIFE (CDFW): Prior to initiation of any ground disturbance activities, the project applicant shall submit to the San Francisco Bay Regional Water Quality Board (SFRWQCB) an application for Clean Water Act Section 401 Water Quality Certification and/or Waste Discharge Requirements for Projects Involving Discharge of Dredged and/or Fill Material to Waters of the State. The project proponent shall be responsible for conducting all project activities in accordance with the permit provisions outlined in the applicable SFRWQCB permit, which may include but not necessarily be limited to the following minimization and compensation measures.
a. MINIMIZATION: Because full avoidance is not possible, actions shall be taken to minimize impacts to the ephemeral stream (e.g., potentially waters of the State and under jurisdiction of both RWQCB and CDFW). Measures taken during construction activities should shall include placing construction fencing around the ephemeral stream to be preserved to ensure that construction activities do not inadvertently impact these areas.
b. COMPENSATION: The proposed project would impact some small areas of the ephemeral stream. Therefore, the project shall replace the lost habitat value resulting from this impact through the creation, restoration, and/or enhancement of habitat at one or more appropriate locations near the impacted areas at a minimum of a 1:1 replacement-to-loss ratio as well as reseeding or replanting of vegetation in temporarily disturbed areas. The final mitigation amounts will be based on actual impacts to be determined during the design phase. If impacts are lessened, then the amount of mitigation should be appropriately reduced. It is anticipated that all compensation measures can be accommodated on-site within the existing ephemeral stream. , An important consideration is to including remove removal of the existing culvert in the upper area of the stream and creation of new incised channel segments.
In consultation with and as approved by the SFRWQCB. aAn on-site habitat mitigation and monitoring plan (HMMP) would need to shall be developed with the goal of creating, restoring, and/or enhancing in order to create, restore, and/or enhance the ephemeral stream with habitat functions and values greater than or equal to those existing in the impact zone. At a minimum, the HMMP should shall include:,unless otherwise specified by the SFRWQCB:
• The location of all enhancement and/or restoration activities. The created/restored ephemeral channels shall be monitored for five years between the months of April through July during the mitigation monitoring years, and after
ITEM NO. 1.
any storm greater or equal to the 10-year rainfall event, as defined by Valley Water. The performance criterion for the stability and function of the ephemeral stream channels is that the bed and banks of the created channels shall be stable with no observed excessive erosion or deposition of sediment, or signs of instability;
• Planting and irrigation specifications;
• Site maintenance and management requirements (weeding of invasive species, providing for supplemental water, repair of water delivery systems, etc.; • Vegetation Monitoring requirements for five years between April and July, with the goal of ensuring the created/restored channels are adequately vegetated to stabilize surface soils and to ensure harmful invasive species are not dominating this area. The absolute cover of herbaceous vegetative cover shall reach a minimum of 70% by Year 5. Highly invasive weeds (Cal-IPC 2026) and other potentially damaging plants in the channel creation areas shall be at a minimum of less than 20% in Year 5; and
• Final success criteria; and
• Adaptive management procedures. , which could include replanting or restoration areas following annual monitoring surveys; channel stabilization measures; etc.
Written verification of the 401 Water Quality Certification or Waste Discharge Requirements shall be provided to the Town of Los Gatos Community Development Department, prior to initiation of any ground disturbance activities.
40. *BIOLOGICAL RESOURCES IV-11: The CDFW maintains jurisdiction over the bed and bank of the bed, channel, and banks of any river, stream, or lake (Fish and Game Code Section 1602) and impacts to such areas may require a Lake or Streambed Alteration Agreement (LSAA). Prior to initiating construction activities, the project shall notify CDFW of the intentions of the project to determine if an LSAA is required. If required, mitigation may include restoration or enhancement of resources on-site as specified in Mitigation Measure IV-10. Written verification of Section 1600 LSAA or, if a LSSA is not required, written correspondence from CDFW to this effect, shall be provided to the Town of Los Gatos Community Development Department, prior to initiation of any ground disturbance activities.
41. * BIOLOGICAL RESOURCES IV-12: Prior to the start of construction activities, the applicant shall comply with the Town of Los Gatos Tree Protection Ordinance, and a tree removal permit shall be obtained from the Town for the removal of any on-site trees that qualify as a protected tree. If the trees proposed for removal are found to be in good condition, and the tree removal permit is granted primarily for the convenience of the applicant, then the full cost and responsibility of such removal shall be borne by the applicant, including planting of replacement trees. According to the Tree Mitigation and Protection Plan prepared for the proposed project, the project would not meet the required on-site tree replacement requirement; thus, the project applicant shall pay the appropriate in-lieu fees, pursuant to the requirements of Division II of Chapter 29.10 of the Town’s Municipal Code. The above noted requirements shall be completed to the satisfaction of the Town of Los Gatos Planning Division.
42. *CULTURAL RESOURCES V-1: If historic, archaeological, or paleontological resources are encountered during subsurface excavation activities, all construction activities within a
ITEM NO. 1.
100-foot radius of the resource shall cease until a qualified archaeologist determines whether the resource requires further study. The Town shall require that the applicant include a standard inadvertent discovery clause in every construction contract to inform contractors of this requirement. Any previously undiscovered resources found during construction shall be recorded on appropriate California Department of Parks and Recreation forms and evaluated for significance in terms of California Environmental Quality Act (CEQA) criteria by a qualified archaeologist. Potentially significant cultural resources consist of, but are not limited to, stone, bone, fossils, wood, or shell artifacts or features, including hearths, structural remains, or historic dumpsites. If the resource is determined to be significant under CEQA, the Town and a qualified archaeologist shall determine whether preservation in place is feasible. Such preservation in place is the preferred mitigation. If such preservation is infeasible, the qualified archaeologist shall prepare and implement a research design and archaeological data recovery plan for the resource. The archaeologists shall also conduct appropriate technical analyses, prepare a comprehensive written report and file the report with the appropriate information center (California Historical Resources Information System), and provide for the permanent curation of the recovered materials.
43. *CULTURAL RESOURCES V-2: If human remains, or remains that are potentially human, are found during construction, all work shall be halted immediately within 100 feet, and a professional archeologist shall ensure reasonable protection measures are taken to protect the discovery from disturbance. The archaeologist shall notify the Santa Clara County Coroner (pursuant to Section 7050.5 of the State Health and Safety Code). The provisions of Section 7050.5 of the California Health and Safety Code, Section 5097.98 of the California Public Resources Code, and Assembly Bill (AB) 2641 will be implemented.
If the Coroner determines the remains are Native American and not the result of a crime scene, then the Coroner will notify the Native American Heritage Commission (NAHC), which then will designate a Native American Most Likely Descendant (MLD) for the project (Section 5097.98 of the Public Resources Code). The designated MLD will have 48 hours from the time access to the property is granted to make recommendations concerning treatment of the remains. If the applicant does not agree with the recommendations of the MLD, the NAHC can mediate (Section 5097.94 of the Public Resources Code). If an agreement is not reached, the qualified archaeologist or MLD must rebury the remains where they will not be further disturbed (Section 5097.98 of the Public Resources Code). This will also include either recording the site with the NAHC or the appropriate Information Center, using an open space or conservation zoning designation or easement, or recording a reinternment document with the county in which the property is located (AB 2641). Work cannot resume within the no-work radius until the lead agency, through consultation as appropriate, determines that the treatment measures have been completed to the Town’s satisfaction.
44. *GEOLOGY AND SOILS VII-1: Prior to approval of any grading or improvement plans for the project, a licensed engineer shall review the plans to ensure the engineering recommendations set forth in the site-specific Geotechnical and Geologic Hazard Investigation prepared for the proposed project by Cornerstone Earth Group are adequately incorporated, including all relevant CBSC standards, to the satisfaction of the
ITEM NO. 1.
Town’s Engineer. All grading and improvement plans shall be reviewed and approved by the Town of Los Gatos Community Development Department and the Town’s Engineer.
45. *HYDROLOGY AND WATER QUALITY X-1: Prior to any ground-disturbing activities, the project applicant shall prepare and submit a final erosion and sediment control plan for review and approval by the Town of Los Gatos 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. 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. Prior to any ground disturbance, the on-site aquatic features (i.e. the ephemeral drainage/drainage swale and Ross Creek) shall be flagged by a qualified biologist with highly visible flagging tape, or similar, to clearly demarcate the limits of the aquatic features, and interim erosion control measures shall be installed around the aquatic features, at a minimum. 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.
The project contractor shall provide erosion control measures as needed to protect downstream water quality during winter months. The grading, drainage, erosion control plan and SWPPP shall be prepared 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) shall be developed 48 hours prior to any likely precipitation event, defined by a 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 (https://www.cpc.ncep.noaa.gov/) which shall accompany monitoring reports and sampling test data. A rain gauge is required on-site. The Town of Los Gatos Parks and Public Works Department and the Building Department shall 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.
46. *NOISE XIII-1: For any construction proposed within 25 feet of a noise-sensitive receptor, the proposed project shall implement construction equipment staging areas to create distance between construction-related noise sources and noise-sensitive receptors; use electric tools; use mobile construction equipment with smart back-up alarms; and implement additional noise attenuation techniques during the clearing, earth moving, grading, and foundation/conditioning phases of construction, such as temporary sound barriers between the construction site and the sensitive receptors.
The foregoing requirements shall be included in the grading plan to the satisfaction of
ITEM NO. 1.
the Town’s Engineer and shall be submitted for review and approval to the Town of Los Gatos Community Development Department.
47. *NOISE XIII-2: Any compaction required within 26 feet of existing structures adjacent to the off-site improvement areas shall be accomplished by using static drum rollers, rather than vibratory compactors/rollers, which use weight instead of vibrations to achieve soil compaction. As an alternative, preconstruction crack documentation and construction vibration monitoring could be conducted to ensure that construction vibrations do not cause damage to any adjacent structures. The above requirements shall be included by way of notation on any future improvement plans approved for the off-site improvements to the satisfaction of the Town of Los Gatos Community Development Department.
48. *TRANSPORTATION XVII-1: Concurrent with submittal of final project improvement plans, the project applicant shall also submit to the Town of Los Gatos, Parks and Public Works Departement for review and approval off-site improvement plans showing the construction of new sidewalks at the following intersections:
• Along the north side of Blossom Hill Road between Regent Drive and Union Avenue; and
• Along the north side of Fisher Avenue between Mitchell Avenue and Roberts Road.
The improvement plans shall demonstrate, to the satisfaction of the Town Engineer, that the off-site sidewalk improvements would comply with all applicable design parameters and requirements set forth by the Town of Los Gatos. The off-site improvements shall be constructed prior to the issuance of any certificate of occupancy for the project.
APPLICABLE TO LOT 3
49. TREE PROTECTION: Prior to issuance of a grading or Bbuilding Ppermit, the grading and retaining wall plans shall be revised to ensure no work occurs within the dripline of Trees #569 and #566. The revised plans shall be reviewed and approved by the Town’s Consulting Arborist, at the applicant’s expense, prior to permit issuance.
APPLICABLE TO LOTS 7 AND 8
50. SWIMMING POOL: Prior to the issuance of a Bbuilding Ppermit, the proposed pool location shall be modified to ensure that the pool is located on a slope less than 30 percent, consistent with the Hillside Development Standards and Guidelines.
Building Division
APPLICABLE TO ALL LOTS
51. PERMITS REQUIRED:
a. A Building Permit is required for the construction of each new single-family residence and attached garage.
b. Additional Building Permits will be required for retaining walls supporting a surcharge that are not part of a building foundation.
c. A separate Building Permit will be required for each swimming pool.
ITEM NO. 1.
d. A separate Building Permit will be required for the PV System and must be finalized prior to the issuance of the Certificate of Occupancy.
52. APPLICABLE CODES: The current codes, as amended and adopted by the Town of Los Gatos as of January 1, 2023, are the 2022 California Building Standards Code, California Code of Regulations Title 24, Parts 1-12. Building Permit applications received after December 19, 2025, will be subject to the 2025 California Building Standards Code, California Code of Regulations Title 24, Parts 1-12.
53. CONDITIONS OF APPROVAL: The Conditions of Approval must be included on plan sheets within the construction plans. A Compliance Memorandum shall be prepared and submitted with the Bbuilding Ppermit application detailing how the Conditions of Approval will be addressed.
54. BUILDING AND SUITE NUMBERS: Submit requests for new building addresses to the Building Division before submitting the Bbuilding Ppermit application.
55. SIZE OF PLANS: Minimum size 24” x 36”, maximum size 30” x 42”.
56. 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.
57. FOUNDATION INSPECTIONS: A pad certificate, prepared by a licensed civil engineer or land surveyor, shall be submitted to the project Building Inspector at the time of the foundation inspection. This certificate shall certify compliance with the recommendations specified in the Soils Report and confirm that the building pad elevations and on-site retaining wall locations and elevations have been prepared in accordance with 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
58. TITLE 24 ENERGY COMPLIANCE: All required California Title 24 Energy Compliance Forms must be directly printed onto a plan sheet.
59. 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-wide 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.
60. BACKWATER VALVE: As required by Town Ordinance 6.40.020, provide details for any required sanitary sewer backwater valve on the plans and provide its location. The Town
ITEM NO. 1.
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.
61. HAZARDOUS FIRE ZONE: All projects in the Town of Los Gatos require Class A roof assemblies.
62. WILDLAND-URBAN INTERFACE: This project is in a Wildland-Urban Interface High Fire Area and must comply with the relevant Wildland-Urban fire protection regulations in effect at the time of permit submittal.
63. 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 online at www.losgatosca.gov/building.
64. CONSTRUCTION BEST MANAGEMENT PRACTICES (BMPs): The Town standard West Valley Clean Water Authority Nonpoint Source Pollution Control Program Sheet (page size same as submitted drawings) shall be part of the plan submittal. The specification sheet is available online at www.losgatosca.gov/building.
65. APPROVALS REQUIRED: The project requires the following departments and agencies' approval before issuing a Bbuilding Ppermit:
a. Community Development – Planning Division: (408) 354-6874 b. Engineering/Parks a 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 AND PUBLIC WORKS:
Engineering Division
APPLICABLE TO ALL LOTS
THE FOLLOWING CONDITIONS SHALL BE ADDRESSED OR NOTED ON THE CONSTRUCTION PLANS
SUBMITTED FOR ANY BUILDING OR GRADING PERMIT, OR IF ANOTHER DEADLINE IS SPECIFIED IN A CONDITION, AT THAT TIME.
66. PAYMENT OF PARKS AND PUBLIC WORKS (“PPW”) ENGINEERING PLAN CHECK FEE AND INSPECTION FEE: At the time of the first construction submittal, the Applicant shall submit to the Town Engineer for approval a detailed construction project cost estimate prepared and stamped by the Applicant’s civil engineer. The cost estimate shall break out on-site and off-site improvements separately. This cost estimate will be used to determine the Engineering Plan Check Fee. A final construction cost estimate shall be provided once the project plans are approved. This cost estimate will be used to determine the Engineering Inspection Fee. The Engineering Inspection Fee must be paid prior to the issuance of any construction related permit.
ITEM NO. 1.
67. THIRD-PARTY PLAN CHECK FEE AND INSPECTION FEE (Special projects only): The Town will procure a third-party engineering firm to perform Plan Review and Inspection Services. Applicant shall provide an initial deposit of for consultant plan review and inspection services, plus a 20 percent deposit for staff time to process the project. This deposit and fee are required at the time of the project Bbuilding Ppermit submittal.
Once this deposit is received, the Town will select the consultant and initiate the plan review process. The Applicant’s deposit will be charged on a time and materials basis. A supplemental deposit will be required if the remaining deposit is expected to be exhausted prior to completion of the work. Permitted work will not be allowed to continue without available funds to complete the required inspection services. Thirdparty engineering services will be required for the duration of the construction and project closeout phases.
68. STORM DRAINAGE FEE: The Applicant shall pay Storm Drainage Fees in accordance with the Town’s Adopted Schedule of Fees and Charges in effect at the date of Housing Crisis Act of 2019 (SB330) application for the future construction of drainage facilities serving new buildings, improvements, or structures to be constructed which substantially impair the perviousness of the surface of land. The estimated fee based on the fiscal year 2023- 2024 fee schedule and various lot acreages are as follows:
a. Lot 1 – 0.5 acres - $2,435.50.
b. Lot 2 – 0.79 acres - $3,848.09.
c. Lot 3 – 0.55 acres - $2,679.05.
d. Lot 4 – 0.59 acres - $2,873.89.
e. Lot 5 – 0.85 acres - $4,140.35.
f. Lot 6 – 0.78 acres - $3,799.38.
g. Lot 7 – 1.18 acres - $4,871.00.
h. Lot 8 – 4.9 acres - $4,871.00.
i. Lot 9 – 1.7 acres - $4,871.00.
j. Lot 10 – 5.48 acres - $4,871.00.
k. Lot 11 – 0.11 acres - $535.81.
l. Lot 12 – 0.11 acres -$535.81.
69. TRAFFIC IMPACT FEES: The Owner 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 fee schedule in place at the time of the Housing Crisis Act of 2019 (SB 330) application, in accordance with the law.
The fiscal year 2023-2024 Comprehensive Fee Schedule amount for new average daily trip generated is $1,104.00. The new average daily trips generated shall be obtained from the Institute of Transportation Engineers most current trip generation data released at the time the fee is paid. The fee shall be paid before issuance of any certificate of occupancy, including any temporary certificates that may be issued.
70. CONSTRUCTION ACTIVITIES MITIGATION FEE (ORDINANCE 2189): Per the Town’s Comprehensive Fee Schedule, the project is subject to the Town’s Construction Activities Mitigation Fee based on the square footage of new buildings. The fee is $1.43 per square foot of new residential and non-residential building area. The fee shall be calculated based on the square footage total for all units shown on the construction plans to the approval of the Town Engineer. Payment of this fee shall pe paid prior to
ITEM NO. 1.
issuance of the first Bbuilding Ppermit.
71. PERMITS REQUIRED BY OTHER AGENCIES: The Applicant shall obtain all applicable permits from federal, state, and local agencies as required to construct the proposed improvements. The Applicant is hereby informed that permits may be required by one (1) or more of the following: Army Corps of Engineers, Fish and Wildlife (1603), The Bay Area Joint Aquatic Resources Permit Application (JARPA), Regional Water Quality Control Board, Santa Clara County Roads and Airports, Valley Water, or Habitat Permit.
If the project is within jurisdiction of any of these agencies, verification of permit or waiver of permit must be given to PPW prior to issuance of any required Town permits.
If the Town is required to be a party to the permit application and a fee is required, the Applicant shall reimburse the Town for its cost. A copy of these permits shall be provided to the satisfaction of the Town Engineer prior to the issuance of the first Bbuilding Ppermit.
72. GRADING PERMIT: A Ggrading Ppermit is required for all site grading and drainage work that is outside the perimeter of a building, retaining wall footing, or other structure authorized by a valid Bbuilding Ppermit. The Applicant must submit a Ggrading Ppermit application after the appeal period of the entitlement approval process has passed. The Ggrading Ppermit application shall include detailed grading plans and associated required materials. Plan check fees are based on the scope of onsite work. Prior to approval of the Ggrading Ppermit, the Applicant shall pay all fees due and provide faithful performance and payment securities for the performance of the work described and delineated on the approved grading plan, final erosion and sedimentation control plan, and interim erosion and sedimentation control plan (if required), in an amount to be set by the Town Engineer (but not to exceed one hundred (100) percent) of the approved estimated cost of the grading and erosion and sedimentation control measures. The form of security shall be one or a combination of the following to be determined by the Town Engineer and subject to the approval of the Town Attorney: (1) Bond or bonds issued by one or more duly authorized corporate sureties on a form approved by the Town; (2) Deposit with the Town, money, or negotiable bonds of the kind approved for securing deposits of public monies; or (3) other instrument of credit from one or more financial institutions subject to regulation by the State or Federal Government wherein such financial institution pledges funds are on deposit and guaranteed for payment. The Ggrading Ppermit shall be issued prior to the issuance of the Bbuilding Ppermit unless otherwise allowed by the Town Engineer. The permit shall be limited to work shown on the grading plans approved by the Town Engineer. In granting a permit, the Town Engineer may impose any condition deemed necessary to protect the health, safety, and welfare of the public, to prevent the creation of a nuisance or hazard to public or private property, and to assure proper completion of the grading including but not limited to: (1) Mitigation of adverse environmental impacts; (2) Improvement of any existing grading or correction of any existing grading violation to comply with Town Code; (3) Requirements for fencing or other protection of grading which would otherwise be hazardous; (4) Requirements for dust, erosion, sediment, and noise control, hours of operation and season of work, weather conditions, sequence of work, access roads, and haul routes; (5) Requirements for safeguarding watercourses from excessive deposition of sediment or debris in quantities exceeding natural levels;
ITEM NO. 1.
(6) Assurance that the land area in which grading is proposed and for which habitable structures are proposed is not subject to hazards of land slippage or significant settlement or erosion and that the hazards of seismic activity or flooding can be eliminated or adequately reduced; (7) Temporary and permanent landscape plans.
73. PUBLIC IMPROVEMENTS: Prior to the approval of any permits or final map, whichever comes first, the Applicant/Owner must complete construction of public improvements listed in these conditions. Prior to any work being done in the Town's right-of-way, the Applicant must submit Public Improvement Plans for review and approval. All public improvements shall be made in accordance to the Town’s latest adopted Standard Plans, Standard Specifications, and Engineering Design Standards and constructed prior to final map approval unless otherwise noted below. The Applicant is required to confirm the location of existing utility lines by potholing. Prior to any potholing, Applicant shall submit an Encroachment Permit application with a pothole plan for Town review and approval. The Applicant shall provide the pothole results to the Town Engineer prior to final design. All existing public utilities shall be protected in place and, if necessary, relocated as approved by the Town Engineer. No private facilities are permitted within the Town right-of-way or within any easement unless otherwise approved by the Town Engineer. The Applicant shall have Public Improvement Plans prepared, stamped, and signed by a California licensed civil engineer.
Once the Public Improvement Plans have been approved, the Applicant shall submit an application for an Encroachment Permit. The Encroachment Permit requires the Applicant to post the required bonds and insurance and provide a one (1) year warranty for all work to be done in the Town's right-of-way or Town easement. New concrete shall be free of stamps, logos, names, graffiti, etc. Any new concrete installed that is damaged shall be removed and replaced at the Contractor’s sole expense. Prior to issuance of the encroachment permit, the Applicant shall submit a temporary traffic control plan (“TTCP”) inclusive of all modes of travel for any lane or sidewalk closures.
Special provisions such as limitations on working hours, protective enclosures, or other means to facilitate public access in a safe manner may be required. The TTCP shall comply with the State of California Manual of Uniform Traffic Control Devices (“MUTCD”) and standard construction practices. The project engineer shall notify the Town Engineer in writing of any proposed changes. Any proposed changes to the approved plans shall be subject to the approval of the Town. The Applicant shall not commence any work deviating from the approved plans until such deviations are approved. Any approved and constructed changes shall be incorporated into the final “as-built” plans. Right-of-way/Public improvements shall include, at a minimum, the following items:
a. BLOSSOM HILL ROAD: The Applicant shall install sidewalk along the north side of Blossom Hill Road between Regent Drive and Union Avenue. b. FISHER AVENUE: The Applicant shall install sidewalk along the north side of Fisher Avenue between Mitchell Avenue and Roberts Road. c. DRIVEWAY APPROACH(ES): The Applicant shall install three (3) Town Standard driveway approaches as shown on the approved plans. The new driveway approaches shall be constructed per the Town Standard Drawing. d. CERRO VISTA COURT: Due to construction activities, new utility cuts along the
ITEM NO. 1.
project frontage, and the anticipated project’s truck traffic, the Applicant shall grind and provide a 2.5” overlay along the full width of Cerro Vista Court from Cerro Vista Drive to the driveway at Lot 10 frontage. Prior to overlay, any base failure repair or required dig-outs identified by the PPW Inspector shall be completed. The Town Engineer shall approve the roadway repair prior to the release of utilities, final inspection, or issuance of a certificate of occupancy, whichever occurs first.
e. TWIN OAKS DRIVE: Due to construction activities, new utility cuts along the project frontage, and the anticipated project’s truck traffic, the Applicant shall grind and provide a 2.5” overlay along the full width of Twin Oaks Drive Cerro Vista Court from Longmeadow Drive Cerro Vista Drive to the project entrancedriveway at Lot 10. frontage. Prior to overlay, any base failure repair or required dig-outs identified by the PPW Inspector shall be completed. The Town Engineer shall approve the roadway repair prior to the release of utilities, final inspection, or issuance of a certificate of occupancy, whichever occurs first.
74. TREE REMOVAL PERMIT: The Applicant shall apply and obtain a Tree Removal Permit from the Parks and Public Works Department for the removal of existing trees on-site or in the public right-of-way prior to the issuance of a Bbuilding Ppermit or demolition Bbuilding Ppermit, whichever is issued first. Tree removals shall be consistent with the arborist report and approved entitlement plans.
75. NEIGHBORING RUNOFF: Revise the proposed grading to ensure that the proposed improvements do not divert runoff to the detriment of adjacent properties.
76. PHASED PERMITS: The Applicant may, with the approval of the Town Engineer, phase the permits to expedite the construction process. If this is done, each phase of the work will require a separate and complete set of plans to be submitted, reviewed, and approved prior to the issuance of the said permit. Overlapping of permits may occur, if approved by the Town Engineer. No work on the next phase of construction, in advance of the permitted work, may occur. No “at risk” work will be permitted. Only the below phased permitted work will be allowed:
a. Clearing-Grubbing/Rough Grading
b. Fine Grading
c. Underground Utilities
d. Site Improvements
e. Off-Site Improvements
f. Plans shall be submitted, reviewed, and approved by the Town Engineer prior to the commencement of work.
77. CONSTRUCTION PHASE PLAN SUBMITTAL REQUIREMENTS: The Grading Permit Plans and Public Improvement Plans (together referred to as “Improvement Plans”) shall be submitted as a set to Parks and Public Works Department along with a title report dated no older than 30 days from the date the Improvement Plans are submitted. The Improvement Plans shall be submitted at the same time as the Building Plans are submitted to the Building Department. All improvements shall be designed and constructed in accordance with Federal law, State law, Los Gatos Town Code, and the Los Gatos Standard Specifications and Details.
ITEM NO. 1.
a. Construction drawings shall comply with Section 1 (Construction Plan Requirements) of the Town’s Engineering Design Standards, which are available for download from the Town’s website. The Improvement Plans shall include:
b. A cover sheet with at least the proposed development vicinity map showing nearby and adjacent major streets and landmarks, property address, APN, scope of work, project manager and property owner, a “Table of Responsibilities” summarizing ownership, access rights, and maintenance responsibilities for each facility (streets, utilities, parks, landscaping, etc.), a sheet index including a sequential numeric page number for each sheet (i.e. “Sheet 1 of 54”), the lot size, required and proposed lot setbacks by type, proposed floor areas by type for each building, average slope, proposed maximum height, and required and proposed parking count and type.
c. The Approved Conditions of Approval printed within the plan set starting on the second sheet of the plan set.
d. An Existing Site Plan showing existing topography, bearing and distance information for all rights-of-way, easements, and boundaries, any existing easements proposed to be quit-claimed, existing hardscape, existing above ground utility features, and existing structures. The Improvement Plans shall identify the vertical elevation datum, date of survey, and surveyor responsible for the data presented.
e. A Proposed Site Plan showing proposed topography, boundaries, proposed and existing to remain easements, hardscape, above ground utility features (hydrants, transformers, control cabinets, communication nodes, etc.), and structures. Include top and bottom elevations of every inflection point of each wall. Show proposed public right-of-way improvements. Distinguish proposed linework from existing linework using heavier line type for proposed. f. A Grading and Drainage Plan clearly showing existing onsite and adjacent topography using labeled contour lines, drainage direction arrows with slope value, and break lines. Proposed and existing to remain hardscape elevations must be provided in detail including slope arrows.
g. A Utility Plan showing appropriate line types and labels to identify the different types of utilities and pipe sizes. Utility boxes, hydrants, backflow preventers, water meters, sanitary sewer cleanouts, etc. shall be located on private property unless otherwise approved by the Town Engineer.
h. A Photometric Lighting Plan analyzing the full-width of the adjacent right-of-way.
The plan shall show the average maintained horizontal illumination in footcandles and the average to minimum uniformity ratio. Lighting shall be in compliance with the Town’s Standard Specification section 2.38. i. A Traffic Signal Plan (as applicable) shall include a conduit schedule, conduit plan, pole locations, streetlights, intersection striping, power connection and meter locations, and as directed.
j. A Landscaping Plan for the project site and the full width of the public rights-ofway adjacent to the project. The plans shall clearly identify public and private utilities and points of demarcation between the two.
ITEM NO. 1.
k. A Composite Plan showing civil, landscape, electrical, and joint trench locations combined on one drawing to identify potential conflicts between disciplines. The Composite Plan shall include the size, location, and details of all trenches, locations of building utility service stubs and meters, and placements or arrangements of junction structures as a part of the Improvement Plan submittals for the project. Show preferred and alternative locations for all utility vaults and boxes if project has not obtained PG&E approval. A licensed Civil or Electrical Engineer shall sign the composite drawings and/or utility improvement plans. (All dry utilities shall be placed underground). A note shall be placed on the joint trench composite plans which states that the plan agrees with Town Codes and Standards and that no underground utility conflict exists. l. General Notes found in the Town of Los Gatos General Guidelines. m. A statement in the general notes indicating the need to obtain a Caltrans Oversized/Overweight Vehicles Transportation Permit if oversized or overweight vehicles are expected to be used.
n. A statement that all utility boxes in vehicular pathways shall be traffic-rated.
78. STANDARD PLAN COMPLIANCE: The project shall comply with the Town’s Standard Plans to the approval of the Town Engineer. Street improvements, all street sections, the design of all off-site storm drainage facilities shall be in accordance with most current Town Standard Specifications and Standard Plans approved by the Town Engineer. Improvements deemed necessary by the Town Engineer shall be shown on the Improvement Plans.
79. EXISTING FACILITY PROTECTION AND REPAIR: All existing public utilities shall be either protected in place, relocated, or repaired. The Applicant shall repair or replace all existing improvements not designated for removal, and all new improvements that are damaged during construction or removed because of the Applicant’s operations. This includes sidewalk, curb and gutter, streetlights, valley gutters, curb ramps, and any other existing improvements in the area that are not intended to be removed and replaced. The Applicant shall request a walk-through with the PPW construction Inspector before the start of construction to verify existing conditions. Said repairs shall be completed prior to issuance of the first certificate of occupancy of the project.
80. UNDERGROUND UTILITIES: All new services to the development shall be placed underground in accordance with the various utility regulations. Transformers and switch gear cabinets within designated Underground Districts shall be placed underground unless otherwise approved by the Town Engineer. Underground utility plans must be submitted to the Town and approved by the Town Engineer prior to installation.
81. UTILITY RESPONSIBILITIES: The Applicant is responsible for the maintenance of existing stormwater drainage facilities, including piped and open channel stormwater conveyances in private areas. The Applicant is responsible for all expenses necessary to connect to the various utility providers. Currently, the public storm sewer system is owned and maintained by the Town of Los Gatos, the water system in Los Gatos is owned and maintained by San José Water Company, and the sanitary sewer system in Los Gatos is owned and maintained by West Valley Sanitation District. Any alterations of the approved utilities listed must be approved by the Town prior to any construction.
ITEM NO. 1.
82. UTILITY COMPANY COORDINATION: The Applicant shall negotiate any necessary rightof-way or easements with the various utility companies in the area, subject to the review and approval by the Town Engineer and the utility companies. Prior to the approval of the site plan for construction, the Applicant shall submit “Will Serve” letters from PG&E, San José Water, West Valley Sanitation District, West Valley Collections and Recycling, and AT&T (or the current “Carrier of Last Resort”) with a statement indicating either a list of improvements necessary to serve the project or a statement that the existing network is sufficient to accommodate the project. Coordination of the stormwater conveyance system will be addressed during the Grading Permit review.
83. PREPARATION OF ELECTRICAL PLANS: All street lighting and traffic signal electrical plans shall be prepared by a California registered professional engineer experienced in preparing these types of plans. The Applicant shall submit necessary stamped and signed Traffic Signal Plan with the Improvement Plans.
84. EXTERIOR SITE LIGHTING STANDARDS: The Applicant shall submit a photometric plan for on-site lighting showing lighting levels in compliance with the Town Standard Specifications section 2.38. The plan shall show the minimum maintained horizontal illumination in foot-candles and the uniformity ratio for all areas. This lighting standard is applicable to all parking lots, driveways, circulation areas, aisles, passageways, recesses, and accessible grounds contiguous to all buildings. Private, interior courtyards not accessible to the public are not required to meet this standard. The lighting system shall be so designed as to limit light spill beyond property lines and to shield the light source from view from off site. The photometric plan shall be approved by the Town Engineer and shall be addressed on the construction plans submitted for the first Bbuilding Ppermit. Any subsequent Bbuilding Ppermits that include any site lighting shall also meet these requirements.
85. STORM DRAINAGE STUDY: The Applicant shall submit a Storm Drainage Study for the proposed development stormwater conveyance system evaluating pre- and postdevelopment peak discharge rates for the theoretical 2-year, 10-year, and 100-year (50- percent, 10-percent, and 1-percent annual chance) storm events including supporting hydraulic calculations for proposed pipe network. The study must address sizing and design details for the stormwater treatment systems proposed with the development.
The study shall include an evaluation of the project site drainage including topography, natural drainage patterns, and existing man-made diversions (structures, raised pads, fences, etc.). If the study indicates that the theoretical water surface elevation or hydraulic grade line of the proposed development during a 10 percent annual chance storm event is above ground level at any point, the Applicant shall construct and dedicate to the Town new downstream storm drainage facilities necessary to achieve a connection point water depth no more than 80 percent full during the projected 10 percent annual chance storm event. The study must evaluate the 1 percent annual chance storm event base flood elevation. The finish floor elevations of all structures shall be constructed to be reasonable safe from flooding per Town Code Section
29.90.080(1)(c.) which is typically done by constructing finished floors at 1-foot above base flood elevation. The Applicant shall submit the study for review and approval by the Town Engineer prior to the issuance of the first Bbuilding Ppermit.
ITEM NO. 1.
86. STORMWATER MANAGEMENT PLAN: The Applicant shall develop a Storm Water Management Plan (“SWMP”) that complies with the California Water Board regulations and delineates site design measures, source control measures, low-impact-development (LID) treatment measures, hydromodification management measures, and construction site controls as appropriate. The Plan must indicate erosion protection measures for the inlet structures (e.g., pipe outlets, pump dissipator pipes, and/or bubblers). For the Bay Area Hydrologic Modification (“BAHM”) analysis, the Applicant must provide pump operations and intended routing during various runoff conditions (i.e., treatment runoff vs. Hydrologic Modification controls) and the rationale for the pump size selected relative to the treatment flow rate. The Applicant shall update the BAHM analysis to conform to project conditions to the satisfaction of the Town Engineer and include a summary of the changes made to the BAHM analysis since the entitlement plan review for review by the C3 consultant. The Applicant must select and indicate bioretention area plants capable of withstanding and surviving the higher design ponding conditions.
If pumps are proposed, the Applicant must:
a. Provide pump discharge rates that receiving bioretention areas are capable of treating, to avoid consistently overwhelming the bioretention areas. b. The Applicant must include an alarm system that will notify the owner or operator of a pump failure.
c. If off-site improvements modify the quantities of regulated and unregulated offsite impervious area, the Applicant must update Section 2, item “d” and Section 8 of the C.3 Data Form to reflect those changes.
87. DEVELOPER STORM WATER QUALITY RESPONSIBILITY: The Applicant is responsible for ensuring that all contractors including subcontractors are aware of all stormwater quality measures and implement such measures. The Applicant shall perform all construction activities in accordance with approved Improvement Plans, Los Gatos Town Code Chapter 12 – Grading, Erosion and Sediment Control, and the National Pollutant Discharge Elimination System (NPDES) General Permit. Failure to comply with these rules and regulations will result in the issuance of correction notices, citations, or a project stop order.
88. SITE DRAINAGE: Rainwater leaders shall be discharged to splash blocks. No through curb drains will be allowed. Any storm drains (public or private) directly connected to public storm system shall be stenciled/signed with appropriate “NO DUMPING - Flows to Bay” NPDES required language using methods approved by the Town Engineer on all storm inlets surrounding and within the project parcel. Furthermore, storm drains shall be designed to serve exclusively stormwater. Dual-purpose storm drains that switch to sanitary sewer are not permitted in the Town of Los Gatos. No improvements shall obstruct or divert runoff to the detriment of an adjacent, downstream or down slope property.
89. OFF-SITE DRAINAGE: The Applicant shall not alter any existing drainage patterns without an approved Grading Permit.
90. CLEAN, INSPECT, AND REPAIR STORM LINE: If the project will connect to the public storm drainage system, the Applicant is required to evaluate the conditions of the existing storm lines along the project frontage by videotaping and providing the result to the Town Engineer. The Applicant shall clean and inspect (via remote TV camera) the
ITEM NO. 1.
storm line from the manhole upstream to the manhole downstream of the project area.
The video inspection shall be done by a professional video inspection company and be completed prior to Bbuilding Ppermit issuance. The video of the inspection shall be reviewed with PPW and any cracked, broken, or otherwise compromised integrity is found, the areas of the line along the project frontage shall be repaired by the Applicant at the applicant’s expense. The Applicant shall include the required repairs on the Improvement Plans submitted. All necessary repairs to the storm line shall be completed and approved prior to the project connecting to the storm drainage system.
91. GRADING AND DRAINAGE WINTER MORATORIUM: All grading activity shall comply with the Municipal Regional Stormwater Permit and Chapter 12 of the Town Code. There shall be no earthwork disturbance or grading activities between October 15th and April 15th of each year unless approved by the Town Engineer. In order to be considered for approval, the Applicant must submit a Winterization Erosion Control Plan certified by a California certified QSD to the Town Engineer for review and approval. If grading is allowed during the rainy season, a maximum of two (2) weeks is allowed between clearing of an area and stabilizing/building on the exposed area. The submission of a certified plan does not guarantee approval. Any approved and executed plan must be kept on-site while the project is in construction.
92. SWPPP AND EROSION CONTROL: The Applicant shall prepare and submit a comprehensive stormwater pollution prevention plan (SWPPP) inclusive of interim and final erosion control plans to the Town Engineer for review and approval. The interim erosion control plan(s) shall include measures carried out during construction before final landscaping is installed. Multiple phases of interim erosion control plans may be necessary depending on the complexity of the project. Interim erosion control best management practices may include silt fences, fiber rolls, erosion control blankets, Town approved seeding mixtures, filter berms, check dams, retention basins, etc. The Applicant shall ensure a Qualified SWPPP Developer (QSD) or Qualified SWPPP Practitioner (QSP) monitors erosion and sediment control as required by the Construction General Permit. The Applicant must take measures to ensure continuous compliance with the Construction General Permit, and shall install, maintain, and modify the erosion control measures as needed to continuously protect downstream water quality. In the event an emergency modification is deemed necessary, the Applicant is to implement necessary measures to protect downstream waterways immediately and then submit the changes made within 24-hours to the Town Engineer for review and approval. The Applicant shall provide the Town Engineer the assigned Notice of Intent (NOI) permit number received after filing a Notice of Intent under the Construction Stormwater General Permit. The erosion control plans and SWPPP shall comply with applicable measures contained in the most current Santa Clara County National Pollutant Discharge Elimination System (NPDES) Municipal Regional Permit (MRP). All test submitted to the regional board must also be submitted to the Town Engineer. Any fees or penalties assessed against the Town in response to the Applicant’s failure to comply with the Permit must be paid by the Applicant. The Applicant must permit Town staff onsite to conduct periodic NPDES inspections throughout the recognized storm season to verify compliance with the Construction General Permit and Stormwater ordinances and regulations.
ITEM NO. 1.
93. SITE TRIANGLE AND TRAFFIC VIEW AREA: Fencing, landscaping, and permanent structures shall not visually obstruct line of sight between three-feet and 7.5-feet in height if located within the driveway view area, traffic view area, or corner sight triangle. The driveway and intersection site triangles are represented on Town Standard Drawing ST-231. The traffic view area and corner sight triangle are shown on Town Standard Drawing ST-232. This includes all above ground obstructions including utility structures, for example electric transformers. The various clearance lines shall be shown on the site plan to demonstrate compliance.
94. GEOTECHNICAL REVIEW: Prior to Bbuilding Ppermit issuance, the Applicant’s Geotechnical Engineer shall submit a design level geotechnical report. The report will require a peer review by the Town’s geological and geotechnical consultant. A deposit and fee for the peer review will be required per the Town’s current fee schedule, unless there are any remaining deposit funds from the entitlement phase. The Town will route the design level geotechnical report to the Town’s peer review consultant once the report is submitted and deposit and fee are available. Once approved, the geotechnical engineer shall review the grading and drainage plan and proposed pavement and foundation design to verify that the design is in accordance with their recommendations. The Applicant’s Geotechnical Engineer’s approval shall be conveyed to the Town either by letter or by signing and stamping the plans. All grading operations and soil compaction activities shall be per the approved project’s design level geotechnical report. The Applicant shall add this condition to the general notes on the grading plan.
95. GEOTECHNICAL ENGINEER OBSERVATION: All grading activities shall be conducted under the observation of, and tested by, a licensed geotechnical engineer. A report shall be filed with the Town of Los Gatos for each phase of construction stating that all grading activities were performed in conformance with the requirements of the project’s design level geotechnical report. The Applicant shall submit a Final Geotechnical Construction Observation and Testing Summary in an “as-built” letter/report prepared and submitted to the Town prior to issuance of the certificate of occupancy. The Applicant shall add this condition to the general notes on the grading plan.
96. FLOODPLAIN MANAGEMENT: The Applicant shall submit to the Town Engineer a letter stamped and signed by the Engineer in Charge stating that: 1) all requirements of Chapter 29, Article 9 of the Town Code have been satisfied; 2) all other required state and federal permits have been obtained; 3) the site is reasonably safe—a state where hazards and conditions leading to harm are controlled, and a person can expect an environment to be free from dangers that a reasonable person would anticipate—from flooding; and 4) the proposed development does not adversely affect the carrying capacity of areas where base flood elevations have been determined but a floodway has not been designated. For purposes of this article, "adversely affects" means that the cumulative effect of the proposed development when combined with all other existing and anticipated development will increase the water surface elevation of the base flood more than one (1) foot at any point. If the site is filled above the base flood elevation, the lowest pad and floor elevations shall be certified by a California registered professional engineer or land surveyor and provided to the Town Engineer.
ITEM NO. 1.
97. PRECONSTRUCTION MEETING: After the issuance of any Grading or Encroachment permit and before the commencement of any on or off-site work, the Applicant shall request a pre-construction meeting with the PPW Inspector to discuss the project conditions of approval, working hours, site maintenance, and other construction matters. At that meeting, the Applicant shall submit a letter acknowledging that:
a. They have read and understand these project Conditions of Approval; b. They will require that all project sub-contractors read and understand these project Conditions of Approval; and
c. They ensure a copy of these project Conditions of Approval will be posted on-site at all times during construction.
98. FLOOR DRAINS: All floor drains shall be plumbed to connect to the sanitary sewer system only. Site design must facilitate drainage away from building floor drains.
99. GARBAGE/RECYCLE STORAGE AND SERVICE: The Applicant shall provide adequate area for the purposes of storing garbage, composting and recycling collection containers for scheduled servicing by the Town’s solid waste collection provider. The collection containers shall not be placed in the right-of-way except during the period of time necessary to allow removal of the waste. brought to the service area on the day of service and returned to the storage enclosure by the property owner that same day. The containers are not to be in public view or in the public right-of-way prior to or beyond the scheduled service times. A letter from West Valley Collection and Recycling confirming serviceability and site accessibility shall be provided to the Town Engineer for approval prior to the approval of an occupancy permit.
100. OVERHEAD UTILITY CLEARANCE: For projects that have overhead utility lines on-site that travel over new buildings, the Applicant shall obtain a letter from the utility company indicating that there is adequate overhead clearance from the utility to the proposed building. The letter shall be submitted with the first set of improvement plans submitted. The plans shall show the existing utility pole, any necessary proposed pole protection (including overhead clearance warning identification), and shall be confirmed satisfactory with the utility company. The letter shall be to the approval of the Town Engineer.
101. SITE LANDSCAPING COORDINATION: The Applicant shall coordinate the overall site landscaping and the stormwater treatment area landscaping. Stormwater treatment areas should be identified on the site first, and then site landscaping to make sure the correct plant material is identified for each area. Some site landscaping plant material may not be suitable in stormwater treatment areas due to the nature of the facility.
Sanitary sewer facilities cannot be aligned through stormwater treatment facilities.
THE FOLLOWING CONDITIONS SHALL BE MET PRIOR TO THE APPROVAL OF THE FINAL MAP OR PARCEL MAP, OR IF ANOTHER DEADLINE IS SPECIFIED IN A CONDITION, AT THAT TIME. 102. TEMPORARY CONSTRUCTION EASEMENT: Prior to the issuance of a Ggrading or Bbuilding Ppermit, it shall be the sole responsibility of the project to obtain any and all proposed or required easements and/or permissions necessary to perform any work on neighboring private property herein proposed. Proof of agreement/approval is required prior to the issuance of any Permit.
ITEM NO. 1.
103. SUBDIVISION (FINAL) MAP: The Applicant shall have a subdivision map, prepared by a person authorized to practice land surveying in California, delineating all parcels created or deleted and all changes in lot lines in conformance with the Los Gatos Town Code and the Subdivision Map Act. Existing buildings shall be demolished prior to the recordation of the map if they will conflict with any newly created lot line. The Town Council must approve all Final Maps. The Town Council meeting will be scheduled after the Final Map, Public Improvement Plans, Stormwater Treatment Facilities Maintenance Agreement, Landscape Maintenance Agreement, Subdivision Improvement Agreement (if applicable) and constructed improvements (onsite and offsite) are approved by the Town Engineer. The Final Subdivision Map shall be approved by PPW and recorded by the County Recorder’s Office prior to first Bbuilding Ppermit review of any market rate lots. In lieu of the Town Clerk’s Office coordinating the recordation of the Final Map(s) with the County, the Applicant may submit a map guarantee by the Applicant’s title company for the release of the signed Final Map to the title company for recordation.
Prior to the Town’s release of the Final Map, the Town Engineer may require the Applicant to submit to the Town an electronic copy of the map in the AutoCAD Version being used by the Town at the time of recordation. It is the Applicant's responsibility to check with their title company and the County Recorder’s Office to determine the time necessary to have the map recorded after Town approval. 104. SUBDIVISION IMPROVEMENT AGREEMENT (“SIA”) – If any required subdivision or public improvements is not completed to the satisfaction of the Town Engineer before the final map is recorded or filed, the subdivider shall, prior to the approval by the Town Council of the final map and if permitted by Town Engineer, enter as a contractor into an agreement with the Town per Town Code Section 24.40.020, Gov. Code Section 66462(a), and shall arrange to provide Payment and Performance bonds each for 100 percent of the cost of subdivision and public infrastructure improvements to be constructed. These improvements shall include, but not be limited to, roadway construction, sidewalk, curb and gutter, storm lines, street lights, utilities and signal equipment. Town Standard insurance shall be provided per the terms of the agreement.
The agreement will be forwarded to the Town Council for approval with project Final Map. The SIA shall be approved by the Town Council prior to Final Map approval. 105. MONUMENTS: The applicant shall arrange for the engineer to have all monuments set per recorded map. A certificate letter by the Surveyor or Engineer stating the monuments are set per plan shall be provided to the Town Engineer prior to occupancy. 106. IMPROVEMENTS AND CONDITIONS: Pursuant to Gov. Code § 66499.30 No person shall sell, lease, or finance any parcel or parcels of real property or commence construction of any building for sale, lease or financing thereon, except for model homes, or allow occupancy thereof, for which a final map is required by this division or local ordinance, until the final map thereof in full compliance with this division and any local ordinance has been filed for record by the recorder of the county in which any portion of the subdivision is located
107. COVENANTS, CONDITIONS, AND RESTRICTIONS (CC&R): The Applicant shall prepare and submit project Covenants, Conditions and Restrictions (CC&R) for the project. The CC&Rs shall be submitted with the project map for review and approval of the Town Engineer, the Town Attorney, and the Planning Manager. The CC&Rs shall include
ITEM NO. 1.
relevant project Conditions of Approval, include a Maintenance Association and Roadway Maintenance andAgreement and shall include language that restricts the Homeowner’s Association Maintenance Association from making changes to the CC&Rs without first obtaining approval from the Town. References to the Stormwater Treatment Facilities Maintenance Agreement obligations shall be incorporated. The CC&Rs shall be reviewed and approved prior to the Town Council approval of the Final map.
107.108. PRIVATE ROAD MAINTENANCE AGREEMENT: Prior to the issuance of any Building Permits or the filing of a Final Map the applicant shall record a legally enforceable Private Road Maintenance Agreement. The Agreement must be reviewed and approved by the Town Engineer and Town Attorney. It must explicitly state that all property owners benefitting from the private road share equitability in the perpetual maintenance, repair, and liability of the roadway, based on the proportional use of the roadway. The recorded document shall run with the land and bind all future successors. 108.109. PLAN DEFICIENCIES: Prior to final map approval, Applicant shall remedy existing plan inconsistencies and deficiencies remaining in entitlement plans. 109.110. C.3. REVIEW: Owner/Applicant shall complete C.3. Stormwater Review with Town Stormwater Consultant. Outstanding comments must be addressed prior to final map approval.
THE FOLLOWING CONDITIONS SHALL BE MET PRIOR TO RELEASE OF UTILITIES, FINAL
INSPECTION, OR ISSUANCE OF A CERTIFICATE OF OCCUPANCY, WHICHEVER OCCURS FIRST, OR IF ANOTHER DEADLINE IS SPECIFIED IN A CONDITION, AT THAT TIME. 110.111. ELEVATION CERTIFICATE: An elevation certificate per FEMA requirements must be completed by a Land Surveyor or Civil Engineer. The elevation certificate shall be submitted and approved by the Town Engineer prior to issuance of the first building certificate of occupancy.
111.112. RECORD DRAWINGS: The Applicant shall submit a scanned PDF set of stamped record drawings and construction specifications for all off-site improvements to the Department of Parks and Public Works. All underground facilities shall be shown on the record drawings as constructed in the field. The Applicant shall also provide the Town with an electronic copy of the record drawings in the AutoCAD Version being used by the Town at the time of completion of the work. The Applicant shall also submit an AutoCAD drawing file of all consultants composite basemap linework showing all public improvements and utility layouts. This condition shall be met prior to the release of utilities, final inspection, or issuance of a certificate of occupancy, whichever occurs first.
112.113. RESTORATION OF PUBLIC IMPROVEMENTS: The Applicant shall repair or replace all existing improvements not designated for removal that are damaged or removed during construction. Improvements such as, but not limited to curbs, gutters, sidewalks, driveways, signs, streetlights, pavements, raised pavement markers, thermoplastic pavement markings, etc., shall be repaired or replaced to a condition equal to or better than the original condition. Any new concrete shall be free of stamps, logos, names, graffiti, etc. Existing improvement to be repaired or replaced shall be at the direction of
ITEM NO. 1.
the PPW Inspector and shall comply with all Title 24 Disabled Access provisions. The restoration of all improvements identified by the PPW Inspector shall be completed before the issuance of a certificate of occupancy. The Applicant shall request a walkthrough with the PPW Inspector before the start of construction to verify existing conditions.
113.114. STORMWATER TREATMENT FACILITIES MAINTENANCE AGREEMENT: The Applicant shall execute and record a Stormwater Treatment Facilities Maintenance Agreement to ensure perpetual maintenance of the regulated project’s treatment facilities. The agreement shall outline the operation and maintenance (O&M) plan for the permanent storm water treatment facilities. The Town-Standard Stormwater BMP Operation and Maintenance Agreement will be provided by PPW upon request. The agreement shall be executed prior to occupancy of the first building and include the following:
a. The property owner shall operate and maintain all on-site stormwater treatment facilities in good condition and promptly repair/replace any malfunctioning components, this includes but is not limited to the maintenance and repair responsibility of culverts, bioswales, catch basins, and stormwater infrastructure on site. in good condition and promptly repair/replace any malfunctioning components.
b. The property owner shall inspect the stormwater treatment facilities at least twice per year and submit an inspection report to PPW at [email protected] no later than October 1st for the Fall report, and no later than March 15th of the following year for the Winter report.
Written records shall be kept of all inspections and shall include, at minimum, the following information:
i. Site address;
ii. Date and time of inspection;
iii. Name of the person conducting the inspection;
iv. List of stormwater facilities inspected;
v. Condition of each stormwater facility inspected;
vi. Description of any needed maintenance or repairs; and vii. As applicable, the need for site re-inspection.
c. The property owner shall not make any design changes to the system without the Town’s approval.
d. The property owner(s) shall develop a maintenance and replacement schedule for the stormwater treatment facilities that describes maintenance frequency and responsibility. This maintenance schedule shall be included with the approved Stormwater Treatment Facilities Maintenance Agreement. e. The property owner(s) shall reimburse the Town for the cost of site inspections required under the Municipal Regional Permit.
f. The property owner(s) shall authorize Town Staff to perform maintenance and/or repair work and to recover the costs from the property owner in the event that maintenance or repair is neglected, or the stormwater management facility becomes a danger to public health or safety.
ITEM NO. 1.
114.115. STORMWATER MANAGEMENT FACILITIES INSPECTION: Prior to final inspection, the Applicant must facilitate the testing of all stormwater facilities by a certified QSP or QSD to confirm the facilities are meeting the minimum design infiltration rate. All tests shall be made at on 20 foot x 20 foot grid pattern over the surface of the completed stormwater facility unless otherwise approved by the Town Engineer. All soil and infiltration properties for all stormwater facilities shall be evaluated by the geotechnical engineer. Percolation tests (using Double Ring Infiltrometer Testing) at horizontal and vertical (at the depth of the stormwater facility) shall be conducted for each stormwater facility. A 50 percent safety factor shall be applied to the calculated percolation test and shall be used as the basis for design (the design percolation rate). The geotechnical report shall include a section designated for stormwater design, including percolation results and design parameters. Sequence of construction for all stormwater facilities(bioswales, detention/ retention basins, drain rock, etc.) shall be done toward final phases of project to prevent silting of the stormwater treatment facilities.
THE FOLLOWING CONDITIONS SHALL BE COMPLIED WITH AT ALL TIMES DURING THE
CONSTRUCTION PHASE OF THE PROJECT, OR IF ANOTHER DEADLINE IS SPECIFIED IN A
CONDITION, AT THAT TIME
115.116. PROJECT CONSTRUCTION SETUP: All storage and office trailers will be kept off the public right-of-way.
116.117. PUBLIC WORKS CONSTRUCTION NOTICE: The contractor shall notify the PPW Inspector at least ten (10) working days prior to the start of any construction work. At that time, the Contractor shall provide an initial project construction schedule and a 24- hour emergency telephone number list.
117.118. PROJECT CONSTRUCTION SCHEDULE: The contractor shall submit the project schedule in a static PDF 11”x17” format and Microsoft Project, or an approved equal.
The Contractor shall identify the scheduled critical path for the installation of improvements to the approval of the Town Engineer. The schedule shall be updated monthly and submitted to the PPW Inspector in the same formats as the original. 118.119. PROJECT CONSTRUCTION HANDOUT: The Contractor shall provide to the Town Engineer an approved construction information handout for the purpose of responding to questions the Town receives regarding the project construction. 119.120. PROJECT CONSTRUCTION SUPERVISION: The Contractor shall always provide a qualified supervisor on the job site during construction. 120.121. PUBLIC WORKS CONSTRUCTION INSPECTION: All work shown on the Improvement Plans shall be inspected to the approval of the Town Engineer.
Uninspected work shall be removed as deemed appropriate by the Town Engineer. 121.122. PROJECT CONSTRUCTION HOURS: Construction activities related to the issuance of any PPW permit shall comply with Town Code Section 16.20.035 which restricts construction to the weekday between 8:00 a.m. and 6:00 p.m. and Saturday 9:00 a.m. to 4:00 p.m. No work shall be done on Sundays or on Town Holidays unless otherwise approved by the Town Engineer. Please note that no work shall be allowed to take place within the Town right-of-way after 5:00 p.m. Monday through Friday. In addition, no work being done under Encroachment Permit may be performed on the weekend unless
ITEM NO. 1.
prior approvals have been granted by the Town Engineer. The Town Engineer may apply additional construction period restrictions, as necessary, to accommodate standard commute traffic along arterial roadways and along school commute routes. Onsite project signage must state the project construction hours. The permitted construction hours may be modified if the Town Engineer finds that the following criteria is met:
a. Permitting extended hours of construction will decrease the total time needed to complete the project without an unreasonable impact to the neighborhood. b. Permitting extended hours of construction is required to accommodate a construction requirement such as a large concrete pour or major road closure.
Such a need would be presented by the project's design engineer and require approval of the Town Engineer.
c. An emergency situation exists where the construction work is necessary to correct an unsafe or dangerous condition resulting in obvious and eminent peril to public health and safety. If such a condition exists, the Town may waive any of the remaining requirements outlined below.
d. The exemption will not conflict with any other condition of approval required by the Town to mitigate significant environmental impacts. e. The contractor or property owner will notify residential and commercial occupants of adjacent properties of the modified construction work hours. This notification must be provided three days prior to the start of the extended construction activity.
f. The approved hours of construction activity will be posted at the construction site in a place and manner that can be easily viewed by any interested member of the public.
g. The Town Engineer may revoke the extended work hours at any time if the contractor or owner of the property fails to abide by the conditions of extended work hours or if it is determined that the peace, comfort, and tranquility of the occupants of adjacent residential or commercial properties are impaired because of the location and nature of the construction.
h. The waiver application must be submitted to the PPW Inspector ten (10) working days prior to the requested date of waiver.
122.123. PROJECT CONSTRUCTION BEST MANAGEMENT PRACTICES: All construction activities shall conform to the latest requirements of the CASQA Stormwater Best Management Practices Handbooks for Construction Activities and New Development and Redevelopment, the Town's grading and erosion control ordinances, the project specific temporary erosion control plan, and other generally accepted engineering practices for erosion control as required by the Town Engineer when undertaking construction activities.
123.124. PROJECT CONSTRUCTION EXCAVATION: The following provisions to control traffic congestion, noise, and dust shall be followed during site excavation, grading, and construction:
a. All construction vehicles should be properly maintained and equipped with exhaust mufflers that meet State standards.
b. Travel speeds on unpaved roads shall be limited to fifteen (15) miles per hour.
ITEM NO. 1.
c. 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. d. 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 ensure proper control of blowing dust for the duration of the project.
e. Watering on public streets and wash down of dirt and debris into storm drain systems is prohibited. Streets will be cleaned by street sweepers or by hand as often as deemed necessary by the PPW Inspector, 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. Recycled water shall be used for construction watering to manage dust control where possible, as determined by the Town Engineer. Where recycled water is not available potable water shall be used. All potable construction water from fire hydrants shall be coordinated with the San José Water Company.
f. 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 Construction Inspector.
g. Construction grading activity shall be discontinued in wind conditions in excess of 25 miles per hour, or that in the opinion of the PPW Inspector cause excessive neighborhood dust problems.
h. Site dirt shall not be tracked into the public right-of-way and shall be cleaned immediately if tracked into the public right-of-way. Mud, silt, concrete and other construction debris shall not be washed into the Town’s storm drains. i. Construction activities shall be scheduled so that paving and foundation placement begin immediately upon completion of grading operation. j. All aggregate materials transported to and from the site shall be covered in accordance with Section 23114 of the California Vehicle Code during transit to and from the site.
k. Prior to issuance of any permit, the Applicant shall submit any applicable pedestrian or traffic detour plans to the satisfaction of the Town Engineer for any lane or sidewalk closures. The temporary traffic control plan shall be prepared by a licensed professional engineer with experience in preparing such plans and in accordance with the requirements of the latest edition of the California Manual on Uniform Traffic Control Devices (MUTCD) and standard construction practices. The Traffic Control Plan shall be approved prior to the commencement of any work within the public right-of-way. l. During construction, the Applicant shall make accessible any or all public and private utilities within the area impacted by construction, as directed by the Town Engineer.
ITEM NO. 1.
m. The minimum soils sampling and testing frequency shall conform to Chapter 8 of the Caltrans Construction Manual. The Applicant shall require the soils engineer submit to daily testing and sampling reports to the Town Engineer. n. No trucks can sit and idle on Twin Oaks Drive or Cerro Vista Court. m.o. The developer is responsible to create a space on-site for all trucks, equipment, personnel trucks, and materials.
124.125. MATERIAL HAULING ROUTE AND PERMIT: For material delivery vehicles equal to, or larger than two-axle, six-tire single unit truck size as defined by FHWA Standards, the Applicant shall submit a truck hauling route that conforms to Town of Los Gatos Standards for approval. Note that the Town requires a Haul Permit be issued for any hauling activities. The Applicant shall require contractors to prohibit trucks from using “compression release engine brakes” on residential streets. A letter from the Applicant confirming the intention to use the designated haul route shall be submitted to the Town Engineer for review and approval prior to the issuance of any Town permits. All material hauling activities including but not limited to, adherence to the approved route, hours of operation, staging of materials, dust control and street maintenance shall be the responsibility of the Applicant. 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 Town Engineer. The Applicant must provide an approved method of cleaning tires and trimming loads on site. All material hauling activities shall be done in accordance with applicable Town ordinances and conditions of approval.
125.126. PROJECT CLOSE-OUT: Prior to requesting a Final Inspection, the Applicant shall submit to the Town Engineer a letter indicating that all project conditions have been met, and all improvements are complete. All work must be completed to the satisfaction of the Planning Director and Town Engineer prior to the first occupancy. All public improvements, including the complete installation of all improvements relative to streets, fencing, storm drainage, underground utilities, etc., shall be completed and attested to by the Town Engineer before approval of occupancy of any unit. Where facilities of other agencies are involved, including those for water and sanitary sewer services, such installation shall be verified as having been completed and accepted by those agencies. In addition, the Applicant shall submit an itemized final quantities list of all public improvements constructed on-site and within the public right-of-way. The final quantities list shall be prepared by the project engineer and be to the approval of the Town Engineer. The final quantities list shall be broken out into on-site and off-site improvements based on the format provided by the Town. Until such time as all required improvements are fully completed and accepted by Town, the Applicant shall be responsible for the care, maintenance, and any damage to such improvements. Town shall not, nor shall any officer or employee thereof, be liable or responsible for any accident, loss or damage, regardless of cause, happening or occurring to the work or improvements required for this project prior to the completion and acceptance of the work or Improvements. All such risks shall be the responsibility of and are hereby assumed by the Applicant.
126.127. DOWNTOWN HOLIDAY CONSTRUCTION MORATORIUM: Due to concerns for business impacts during the holiday season (defined as starting the Monday of
ITEM NO. 1.
Thanksgiving week through January 1), there shall be no construction activities in the Downtown area within the right-of-way which would create lane closures, eliminate parking, create pedestrian detours, or other activities that may create a major disturbance as determined by the Town Engineer.
127.128. CONSTRUCTION WORKER PARKING: The Applicant shall provide a Construction Parking Plan that minimizes the effect of construction worker parking in the neighborhood and shall include an estimate of the number of workers that will be present on the site during the various phases of construction and indicate where sufficient off-street parking will be utilized and identify any locations for off-site material deliveries. Said plan shall be approved by the Town Engineer prior to issuance of Town permits and shall be complied with at all times during construction. Failure to enforce the parking plan may result in suspension of the Town permits. 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). 128.129. SITE WATER DISCHARGE: In accordance with the Town Code, Prohibition of Illegal Discharges (Los Gatos Town Code Section 22.30.015), the Town Engineer may approve in coordination West Valley Sanitation District the discharge of uncontaminated pumped ground waters to the sanitary sewer only when such source is deemed unacceptable by State and Federal authorities for discharge to surface waters of the United States, whether pretreated or untreated, and for which no reasonable alternative method of disposal is available. Following the verification of the applicable local, state and/or federal approvals, a Discharge Plan will be approved and monitored by the Town Engineer.
129.130. ACCESS EASEMENT: Owner/Applicant is responsible for securing easements necessary for access to Lot 10 and/or utility connection prior to Bbuilding Ppermit review.
130.131. SUBDIVISION STREET NAMES: Applicant to obtain Town Council approval for any proposed street name not present on Town approved street names list.
THE FOLLOWING CONDITIONS SHALL BE COMPLIED WITH AT ALL TIMES THAT THE USE
PERMITTED BY THIS ENTITLEMENT OCCUPIES THE PREMISES
131.132. POST CONSTRUCTION BEST MANAGEMENT PRACTICES (BMP): Post construction storm water pollution prevention requirements shall include:
a. The Applicant shall be charged the cost of abatement for issues associated with, but not limited to, inspection of the private stormwater facilities, emergency maintenance needed to protect public health or watercourses, and facility replacement or repair if the treatment facility is no longer able to meet performance standards or has deteriorated. Any abatement activity performed on the Applicant’s property by Town staff will be charged to the Applicant at the Town’s adopted fully-loaded hourly rates.
b. Maintenance of the storm drain inlets “No Dumping – Drains to Bay” plaques to alert the public to the destination of storm water and to prevent direct discharge
ITEM NO. 1.
of pollutants into the storm drain. Template ordering information is available at www.flowstobay.org.
c. All process equipment, oils, fuels, solvents, coolants, fertilizers, pesticides, and similar chemical products, as well as petroleum based wastes, tallow, and grease planned for storage outdoors shall be stored in covered containers at all times. d. All public outdoor spaces and trails shall include installation and upkeep of dog waste stations.
e. Garbage and recycling receptacles and bins shall be designed and maintained with permanent covers to prevent exposure of trash to rain. Trash enclosure drains shall be connected to the sanitary sewer system. f. It is the responsibility of the property owner(s)/homeowners association to implement a plan for street sweeping of paved private roads and cleaning of all storm drain inlets.
TO THE SATISFACTION OF THE SANTA CLARA COUNTY FIRE DEPARTMENT:
APPLICABLE TO ALL LOTS
133. Review of this Developmental proposal is limited to acceptability of site access, water supply and may include specific additional requirements as they pertain to fire department operations, and shall not be construed as a substitute for formal plan review to determine compliance with adopted model codes. Prior to performing any work, the applicant shall make application to, and receive from, the Building Department all applicable construction permits.
134. NOTE: The subject property is located within the Very High Fire Hazard Severity Zone (VHFHSZ) of the Local Responsibility Area (LRA). Pursuant to California Public Resources Code (PRC) 4290, the California Board of Forestry and Fire Protection is required to “…adopt regulations implementing minimum fire safety standards related to defensible space” applicable to “the perimeters and access to all residential, commercial, and industrial building construction.” In 2018, the Legislature passed and the Governor signed SB 901 (Dodd), which expanded the applicability of the regulations promulgated under PRC 4290 to land in the Local Responsibility Area (LRA) Very High Fire Hazard Severity Zone. All comments below that result from PRC 4290 are identified by **.
Where a conflict exists between local and 4290 requirements, the more stringent requirement shall apply. California Code of Regulations, Title 14, Division 1.5, Chapter 7, Subchapter 2, Articles 1-5, § 1273.08.
135. SUBDIVISION MAP FINDINGS REPORT: For tentative or parcel maps approved in Very High Fire Hazard Severity Zones (VHFHSZ), the approving body is required to make and submit two findings to the State Board of Forestry and Fire Protection (Board) within 30 days of map approval. CCR, Title 14, Sec. 1266.02. Provide copies of the two finds reports made to the State Board of Forestry and Fire Protection.
ITEM NO. 1.
136. **WIDTH: (As Noted on Sheet 7.0) (a) All roads shall be constructed to provide a minimum of two ten (10) foot traffic lanes, not including shoulder and striping. These traffic lanes shall provide for two-way traffic flow to support emergency vehicle and civilian egress, unless other standards are provided in this article or additional requirements are mandated by local jurisdictions or local subdivision requirements.
Vertical clearances shall conform to the requirements in California Vehicle Code section 35250. (b) All one-way roads shall be constructed to provide a minimum of one twelve (12) foot traffic lane, not including shoulders. The local jurisdiction may approve oneway roads. (1) All one-way roads shall, at both ends, connect to a road with two traffic lanes providing for travel in different directions, and shall provide access to an area currently zoned for no more than ten (10) residential units. (2) In no case shall a oneway road exceed 2,640 feet in length. A turnout shall be placed and constructed at approximately the midpoint of each one-way road. (c) All driveways shall be constructed to provide a minimum of one (1) ten (10) foot traffic lane, fourteen (14) feet unobstructed horizontal clearance, and unobstructed vertical clearance of thirteen feet, six inches (13' 6”). California Code of Regulations, Title 14, Division 1.5, Chapter 7, Subchapter 2 Articles 1-5, § 1273.01.
137. **ROAD SURFACES: (As Noted on Sheet 7.0) (a) Roads shall be designed and maintained to support the imposed load of fire apparatus weighing at least 75,000 pounds and provide an aggregate base. (b) Driveways and road and driveway structures shall be designed and maintained to support at least 40,000 pounds. (c) Project proponent shall provide engineering specifications to support design, if requested by the local authority having jurisdiction. California Code of Regulations, Title 14, Division 1.5, Chapter 7, Subchapter 2, Articles 1-5, § 1273.02.
138. **GATE ENTRANCES: (a) Gate entrances shall be at least two (2) feet wider than the width of the traffic lane(s) serving that gate and a minimum width of fourteen (14) feet unobstructed horizontal clearance and unobstructed vertical clearance of thirteen feet, six inches (13' 6”). (b) All gates providing access from a road to a driveway shall be located at least thirty (30) feet from the roadway and shall open to allow a vehicle to stop without obstructing traffic on that road. (c) Where a one-way road with a single traffic lane provides access to a gated entrance, a forty (40) foot turning radius shall be used. (d) Security gates shall not be installed without approval. Where security gates are installed, they shall have an approved means of emergency operation. Approval shall be by the local authority having jurisdiction. The security gates and the emergency operation shall be maintained operational at all times. California Code of Regulations, Title 14, Division 1.5, Chapter 7, Subchapter 2, Articles 1-5, § 1273.09. Gate on EAE shall meet the requirement.
139. FIRE HYDRANT SYSTEMS REQUIRED: (As Noted on Sheet 7.0) Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, onsite fire hydrants and mains shall be provided where required by the fire code official. Exception: For Group R3 and Group U occupancies, equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1, 903.3.1.2 or 903.3.1.3, the distance requirement shall be not more than 600 feet. [CFC, Section 507.5.1]
ITEM NO. 1.
140. FIRE DEPARTMENT (ENGINE) ROADWAY TURNAROUND REQUIRED: (As noted on sheet
7.0) Dead-end fire apparatus access roads in excess of 150 feet in length shall be provided with an approved area for turning around fire apparatus. Provide an approved fire department engine driveway turnaround with a minimum radius of 50 feet outside and 30 feet inside. Maximum grade in any direction shall be 5%. Installations shall conform with Fire Department Standard Details and Specifications D-1. [CFC Section 503.2.5].
141. FIRE APPARATUS (ENGINE) ACCESS ROADWAY REQUIRED: (As noted on sheet 7.0):
Provide an access roadway 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 50 feet outside and 30 feet inside, and a maximum slope of 15%. Installations shall conform to Fire Department Standard Details and Specifications sheet A-1. CFC Sec. 503.
142. FIRE APPARATUS (ENGINE) ACCESS DRIVEWAY REQUIRED: (As noted on sheet 7.0) An access driveway shall be provided having an all-weather surface of either asphalt, concrete or other engineered surface capable of supporting 75,000 pounds and approved by a civil engineer. It shall have a minimum unobstructed width of 12 feet, vertical clearance of 13 feet 6 inches, minimum turning radius of 40 feet outside, and maximum slope of 15%. Installations shall conform to Fire Department Standard Details and Specifications sheet D-1.
143. WATER SUPPLY REQUIREMENTS: 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 of 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). 2019 CFC Sec. 903.3.5 and Health and Safety Code 13114.7.
144. ADDRESS IDENTIFICATION: New and existing buildings shall have approved address numbers, building numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Where required by the fire code official, address numbers shall be provided in additional approved locations to facilitate emergency response. Address numbers shall be Arabic numbers or alphabetical letters.
Numbers shall be a minimum of 6 inches high with a minimum stroke width of 0.5 inch (12.7 mm). Where access is by means of a private road and the building cannot be viewed from the public way, a monument, pole or other sign or means shall be used to identify the structure. Address numbers shall be maintained. CFC Sec. 505.1. 145. CONSTRUCTION SITE FIRE SAFETY: All construction sites must comply with applicable provisions of the CFC Chapter 33 and our Standard Detail and Specification S1-7. Provide
ITEM NO. 1.
appropriate notations on subsequent plan submittals, as appropriate to the project. CFC Chp. 33.
146. WILDLAND-URBAN INTERFACE: This project is located within the designated WildlandUrban Interface Fire Area. The building construction shall comply with the provisions of California Building Code (CBC) Chapter 7A. Note that vegetation clearance shall be in compliance with CBC Section 701A.3.2.4 prior to project final approval. Check with the Planning Department for related landscape plan requirements. 147. EMERGENCY GATE/ACCESS GATE REQUIREMENTS: Gate installations shall conform with Fire Department Standard Details and Specification G-1 and, when open 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 devices. If the gates are operated electrically, an approved Knox key switch shall be installed; if they are operated manually, then an approved Knox padlock shall be installed. Gate on EAE shall meet the requirement.
148. This review shall not be construed to be an approval of a violation of the provisions of the California Fire Code or of other laws or regulations of the jurisdiction. A permit presuming to give authority to violate or cancel the provisions of the fire code or other such laws or regulations shall not be valid. Any addition to or alteration of approved construction documents shall be approved in advance. [CFC, Ch.1, 105.3.6] APPLICABLE TO LOT 1
149. ** TURNAROUND (Lot 1 to Lot 9, Lot 11 and 12): (As noted on sheet 7.0) (a) Turnarounds are required on driveways and dead-end roads. (b) The minimum turning radius for a turnaround shall be forty (40) feet, not including parking, in accordance with the figures in 14 CCR §§ 1273.05(e) and 1273.05(f). If a hammerhead/T is used instead, the top of the “T” shall be a minimum of sixty (60) feet in length.(c) Driveways exceeding 150 feet in length, but less than 800 feet in length, shall provide a turnout near the midpoint of the driveway. Where the driveway exceeds 800 feet, turnouts shall be provided no more than 400 feet apart. (d) A turnaround shall be provided on driveways over 300 feet in length and shall be within fifty (50) feet of the building.(d) Each deadend road shall have a turnaround constructed at its terminus. Where parcels are zoned five (5) acres or larger, turnarounds shall be provided at a maximum of 1,320 foot intervals.(e) Figure A. Turnarounds on roads with two ten-foot traffic lanes. California Code of Regulations, Title 14, Division 1.5, Chapter 7, Subchapter 2, Articles 1-5, § 1273.05.
150. REQUIRED FIRE FLOW: The minimum required fireflow for this project (Lot 1) is 500 Gallons Per Minute (GPM) at 20 psi residual pressure. This fireflow assumes installation of automatic fire sprinklers per CFC [903.3.1.3]
APPLICABLE TO LOT 2
151. ** TURNAROUND (Lot 1 to Lot 9, Lot 11 and 12): (As noted on sheet 7.0) (a) Turnarounds are required on driveways and dead-end roads. (b) The minimum turning radius for a turnaround shall be forty (40) feet, not including parking, in accordance with the figures in 14 CCR §§ 1273.05(e) and 1273.05(f). If a hammerhead/T is used instead,
ITEM NO. 1.
the top of the “T” shall be a minimum of sixty (60) feet in length.(c) Driveways exceeding 150 feet in length, but less than 800 feet in length, shall provide a turnout near the midpoint of the driveway. Where the driveway exceeds 800 feet, turnouts shall be provided no more than 400 feet apart. (d) A turnaround shall be provided on driveways over 300 feet in length and shall be within fifty (50) feet of the building.(d) Each deadend road shall have a turnaround constructed at its terminus. Where parcels are zoned five (5) acres or larger, turnarounds shall be provided at a maximum of 1,320 foot intervals.(e) Figure A. Turnarounds on roads with two ten-foot traffic lanes. California Code of Regulations, Title 14, Division 1.5, Chapter 7, Subchapter 2, Articles 1-5, § 1273.05.
152. FIRE SPRINKLERS REQUIRED (Lot 1 to Lot 9, Lot 11 and 12): (As noted on sheet 7.0) Approved automatic sprinkler systems in new and existing buildings and structures shall be provided in the locations described in this Section or in Sections 903.2.1 through 903.2.12 whichever is the more restrictive and Sections 903.2.14 through 903.2.21. For the purposes of this section, firewalls and fire barriers used to separate building areas shall be constructed in accordance with the California Building Code and shall be without openings or penetrations.
153. REQUIRED FIRE FLOW: The minimum required fireflow for this project (Lot 2) is 1125 Gallons Per Minute (GPM) at 20 psi residual pressure. This fireflow assumes installation of automatic fire sprinklers per CFC [903.3.1.3]
APPLICABLE TO LOT 3
154. ** TURNAROUND (Lot 1 to Lot 9, Lot 11 and 12): (As noted on sheet 7.0) (a) Turnarounds are required on driveways and dead-end roads. (b) The minimum turning radius for a turnaround shall be forty (40) feet, not including parking, in accordance with the figures in 14 CCR §§ 1273.05(e) and 1273.05(f). If a hammerhead/T is used instead, the top of the “T” shall be a minimum of sixty (60) feet in length.(c) Driveways exceeding 150 feet in length, but less than 800 feet in length, shall provide a turnout near the midpoint of the driveway. Where the driveway exceeds 800 feet, turnouts shall be provided no more than 400 feet apart. (d) A turnaround shall be provided on driveways over 300 feet in length and shall be within fifty (50) feet of the building.(d) Each deadend road shall have a turnaround constructed at its terminus. Where parcels are zoned five (5) acres or larger, turnarounds shall be provided at a maximum of 1,320 foot intervals.(e) Figure A. Turnarounds on roads with two ten-foot traffic lanes. California Code of Regulations, Title 14, Division 1.5, Chapter 7, Subchapter 2, Articles 1-5, § 1273.05.
155. FIRE SPRINKLERS REQUIRED (Lot 1 to Lot 9, Lot 11 and 12): (As noted on sheet 7.0) Approved automatic sprinkler systems in new and existing buildings and structures shall be provided in the locations described in this Section or in Sections 903.2.1 through 903.2.12 whichever is the more restrictive and Sections 903.2.14 through 903.2.21. For the purposes of this section, firewalls and fire barriers used to separate building areas shall be constructed in accordance with the California Building Code and shall be without openings or penetrations.
ITEM NO. 1.
156. REQUIRED FIRE FLOW: The minimum required fireflow for this project (Lot 3) is 1125 Gallons Per Minute (GPM) at 20 psi residual pressure. This fireflow assumes installation of automatic fire sprinklers per CFC [903.3.1.3]
APPLICABLE TO LOT 4
157. ** TURNAROUND (Lot 1 to Lot 9, Lot 11 and 12): (As noted on sheet 7.0) (a) Turnarounds are required on driveways and dead-end roads. (b) The minimum turning radius for a turnaround shall be forty (40) feet, not including parking, in accordance with the figures in 14 CCR §§ 1273.05(e) and 1273.05(f). If a hammerhead/T is used instead, the top of the “T” shall be a minimum of sixty (60) feet in length.(c) Driveways exceeding 150 feet in length, but less than 800 feet in length, shall provide a turnout near the midpoint of the driveway. Where the driveway exceeds 800 feet, turnouts shall be provided no more than 400 feet apart. (d) A turnaround shall be provided on driveways over 300 feet in length and shall be within fifty (50) feet of the building.(d) Each deadend road shall have a turnaround constructed at its terminus. Where parcels are zoned five (5) acres or larger, turnarounds shall be provided at a maximum of 1,320 foot intervals.(e) Figure A. Turnarounds on roads with two ten-foot traffic lanes. California Code of Regulations, Title 14, Division 1.5, Chapter 7, Subchapter 2, Articles 1-5, § 1273.05.
158. FIRE SPRINKLERS REQUIRED (Lot 1 to Lot 9, Lot 11 and 12): (As noted on sheet 7.0) Approved automatic sprinkler systems in new and existing buildings and structures shall be provided in the locations described in this Section or in Sections 903.2.1 through 903.2.12 whichever is the more restrictive and Sections 903.2.14 through 903.2.21. For the purposes of this section, firewalls and fire barriers used to separate building areas shall be constructed in accordance with the California Building Code and shall be without openings or penetrations.
159. REQUIRED FIRE FLOW: The minimum required fireflow for this project (Lot 4) is 1125 Gallons Per Minute (GPM) at 20 psi residual pressure. This fireflow assumes installation of automatic fire sprinklers per CFC [903.3.1.3]
APPLICABLE TO LOT 5
160. ** TURNAROUND (Lot 1 to Lot 9, Lot 11 and 12): (As noted on sheet 7.0) (a) Turnarounds are required on driveways and dead-end roads. (b) The minimum turning radius for a turnaround shall be forty (40) feet, not including parking, in accordance with the figures in 14 CCR §§ 1273.05(e) and 1273.05(f). If a hammerhead/T is used instead, the top of the “T” shall be a minimum of sixty (60) feet in length.(c) Driveways exceeding 150 feet in length, but less than 800 feet in length, shall provide a turnout near the midpoint of the driveway. Where the driveway exceeds 800 feet, turnouts shall be provided no more than 400 feet apart. (d) A turnaround shall be provided on driveways over 300 feet in length and shall be within fifty (50) feet of the building.(d) Each deadend road shall have a turnaround constructed at its terminus. Where parcels are zoned five (5) acres or larger, turnarounds shall be provided at a maximum of 1,320 foot intervals.(e) Figure A. Turnarounds on roads with two ten-foot traffic lanes. California
ITEM NO. 1.
Code of Regulations, Title 14, Division 1.5, Chapter 7, Subchapter 2, Articles 1-5, § 1273.05.
161. FIRE SPRINKLERS REQUIRED (Lot 1 to Lot 9, Lot 11 and 12): (As noted on sheet 7.0) Approved automatic sprinkler systems in new and existing buildings and structures shall be provided in the locations described in this Section or in Sections 903.2.1 through 903.2.12 whichever is the more restrictive and Sections 903.2.14 through 903.2.21. For the purposes of this section, firewalls and fire barriers used to separate building areas shall be constructed in accordance with the California Building Code and shall be without openings or penetrations.
162. REQUIRED FIRE FLOW: The minimum required fireflow for this project (Lot 5) is 1125 Gallons Per Minute (GPM) at 20 psi residual pressure. This fireflow assumes installation of automatic fire sprinklers per CFC [903.3.1.3]
APPLICABLE TO LOT 6
163. ** TURNAROUND (Lot 1 to Lot 9, Lot 11 and 12): (As noted on sheet 7.0) (a) Turnarounds are required on driveways and dead-end roads. (b) The minimum turning radius for a turnaround shall be forty (40) feet, not including parking, in accordance with the figures in 14 CCR §§ 1273.05(e) and 1273.05(f). If a hammerhead/T is used instead, the top of the “T” shall be a minimum of sixty (60) feet in length.(c) Driveways exceeding 150 feet in length, but less than 800 feet in length, shall provide a turnout near the midpoint of the driveway. Where the driveway exceeds 800 feet, turnouts shall be provided no more than 400 feet apart. (d) A turnaround shall be provided on driveways over 300 feet in length and shall be within fifty (50) feet of the building.(d) Each deadend road shall have a turnaround constructed at its terminus. Where parcels are zoned five (5) acres or larger, turnarounds shall be provided at a maximum of 1,320 foot intervals.(e) Figure A. Turnarounds on roads with two ten-foot traffic lanes. California Code of Regulations, Title 14, Division 1.5, Chapter 7, Subchapter 2, Articles 1-5, § 1273.05.
164. FIRE SPRINKLERS REQUIRED (Lot 1 to Lot 9, Lot 11 and 12): (As noted on sheet 7.0) Approved automatic sprinkler systems in new and existing buildings and structures shall be provided in the locations described in this Section or in Sections 903.2.1 through 903.2.12 whichever is the more restrictive and Sections 903.2.14 through 903.2.21. For the purposes of this section, firewalls and fire barriers used to separate building areas shall be constructed in accordance with the California Building Code and shall be without openings or penetrations.
165. REQUIRED FIRE FLOW: The minimum required fireflow for this project (Lot 6) is 1125 Gallons Per Minute (GPM) at 20 psi residual pressure. This fireflow assumes installation of automatic fire sprinklers per CFC [903.3.1.3]
APPLICABLE TO LOT 7
166. ** TURNAROUND (Lot 1 to Lot 9, Lot 11 and 12): (As noted on sheet 7.0) (a) Turnarounds are required on driveways and dead-end roads. (b) The minimum turning radius for a turnaround shall be forty (40) feet, not including parking, in accordance with the figures in 14 CCR §§ 1273.05(e) and 1273.05(f). If a hammerhead/T is used instead, the top of the “T” shall be a minimum of sixty (60) feet in length.(c) Driveways exceeding
ITEM NO. 1.
150 feet in length, but less than 800 feet in length, shall provide a turnout near the midpoint of the driveway. Where the driveway exceeds 800 feet, turnouts shall be provided no more than 400 feet apart. (d) A turnaround shall be provided on driveways over 300 feet in length and shall be within fifty (50) feet of the building.(d) Each deadend road shall have a turnaround constructed at its terminus. Where parcels are zoned five (5) acres or larger, turnarounds shall be provided at a maximum of 1,320 foot intervals.(e) Figure A. Turnarounds on roads with two ten-foot traffic lanes. California Code of Regulations, Title 14, Division 1.5, Chapter 7, Subchapter 2, Articles 1-5, § 1273.05.
167. FIRE APPARATUS (ENGINE) ACCESS DRIVEWAY REQUIRED: An access driveway shall be provided having an all-weather surface of either asphalt, concrete or other engineered surface capable of supporting 75,000 pounds and approved by a civil engineer. It shall have a minimum unobstructed width of 12 feet, vertical clearance of 13 feet 6 inches, minimum turning radius of 20 feet inside and 40 feet outside, and a maximum slope of 15%. The angle of approach to a driveway shall be designed and constructed with a maximum 5% slope for a minimum of 20ft. Installations shall conform to Fire Department Standard Details and Specifications sheet D-1. During Bbuilding Ppermit, provide a stamped civil engineer letter to justify the traction of the driveway to support 75,000 lbs.
168. FIRE SPRINKLERS REQUIRED (Lot 1 to Lot 9, Lot 11 and 12): (As noted on sheet 7.0) Approved automatic sprinkler systems in new and existing buildings and structures shall be provided in the locations described in this Section or in Sections 903.2.1 through 903.2.12 whichever is the more restrictive and Sections 903.2.14 through 903.2.21. For the purposes of this section, firewalls and fire barriers used to separate building areas shall be constructed in accordance with the California Building Code and shall be without openings or penetrations.
169. REQUIRED FIRE FLOW: The minimum required fireflow for this project (Lot 7) is 1125 Gallons Per Minute (GPM) at 20 psi residual pressure. This fireflow assumes installation of automatic fire sprinklers per CFC [903.3.1.3]
APPLICABLE TO LOT 8
170. ** TURNAROUND (Lot 1 to Lot 9, Lot 11 and 12): (As noted on sheet 7.0) (a) Turnarounds are required on driveways and dead-end roads. (b) The minimum turning radius for a turnaround shall be forty (40) feet, not including parking, in accordance with the figures in 14 CCR §§ 1273.05(e) and 1273.05(f). If a hammerhead/T is used instead, the top of the “T” shall be a minimum of sixty (60) feet in length.(c) Driveways exceeding 150 feet in length, but less than 800 feet in length, shall provide a turnout near the midpoint of the driveway. Where the driveway exceeds 800 feet, turnouts shall be provided no more than 400 feet apart. (d) A turnaround shall be provided on driveways over 300 feet in length and shall be within fifty (50) feet of the building.(d) Each deadend road shall have a turnaround constructed at its terminus. Where parcels are zoned five (5) acres or larger, turnarounds shall be provided at a maximum of 1,320 foot intervals.(e) Figure A. Turnarounds on roads with two ten-foot traffic lanes. California Code of Regulations, Title 14, Division 1.5, Chapter 7, Subchapter 2, Articles 1-5, § 1273.05.
ITEM NO. 1.
171. FIRE SPRINKLERS REQUIRED (Lot 1 to Lot 9, Lot 11 and 12): (As noted on sheet 7.0) Approved automatic sprinkler systems in new and existing buildings and structures shall be provided in the locations described in this Section or in Sections 903.2.1 through 903.2.12 whichever is the more restrictive and Sections 903.2.14 through 903.2.21. For the purposes of this section, firewalls and fire barriers used to separate building areas shall be constructed in accordance with the California Building Code and shall be without openings or penetrations.
172. REQUIRED FIRE FLOW: The minimum required fireflow for this project (Lot 7) is 1125 Gallons Per Minute (GPM) at 20 psi residual pressure. This fireflow assumes installation of automatic fire sprinklers per CFC [903.3.1.3]
APPLICABLE TO LOT 9
173. ** TURNAROUND (Lot 1 to Lot 9, Lot 11 and 12): (As noted on sheet 7.0) (a) Turnarounds are required on driveways and dead-end roads. (b) The minimum turning radius for a turnaround shall be forty (40) feet, not including parking, in accordance with the figures in 14 CCR §§ 1273.05(e) and 1273.05(f). If a hammerhead/T is used instead, the top of the “T” shall be a minimum of sixty (60) feet in length.(c) Driveways exceeding 150 feet in length, but less than 800 feet in length, shall provide a turnout near the midpoint of the driveway. Where the driveway exceeds 800 feet, turnouts shall be provided no more than 400 feet apart. (d) A turnaround shall be provided on driveways over 300 feet in length and shall be within fifty (50) feet of the building.(d) Each deadend road shall have a turnaround constructed at its terminus. Where parcels are zoned five (5) acres or larger, turnarounds shall be provided at a maximum of 1,320 foot intervals.(e) Figure A. Turnarounds on roads with two ten-foot traffic lanes. California Code of Regulations, Title 14, Division 1.5, Chapter 7, Subchapter 2, Articles 1-5, § 1273.05.
174. FIRE APPARATUS (ENGINE)ACCESS DRIVEWAY REQUIRED: An access driveway shall be provided having an all-weather surface of either asphalt, concrete or other engineered surface capable of supporting 75,000 pounds and approved by a civil engineer. It shall have a minimum unobstructed width of 12 feet, vertical clearance of 13 feet 6 inches, minimum turning radius of 20 feet inside and 40 feet outside, and a maximum slope of 15%. The angle of approach to a driveway shall be designed and constructed with a maximum 5% slope for a minimum of 20ft. Installations shall conform to Fire Department Standard Details and Specifications sheet D-1. During Bbuilding Ppermit, provide a stamped civil engineer letter to justify the traction of the driveway to support 75,000 lbs.
175. FIRE SPRINKLERS REQUIRED (Lot 1 to Lot 9, Lot 11 and 12): (As noted on sheet 7.0) Approved automatic sprinkler systems in new and existing buildings and structures shall be provided in the locations described in this Section or in Sections 903.2.1 through 903.2.12 whichever is the more restrictive and Sections 903.2.14 through 903.2.21. For the purposes of this section, firewalls and fire barriers used to separate building areas shall be constructed in accordance with the California Building Code and shall be without openings or penetrations.
ITEM NO. 1.
176. REQUIRED FIRE FLOW: The minimum required fireflow for this project (Lot 9) is 1125 Gallons Per Minute (GPM) at 20 psi residual pressure. This fireflow assumes installation of automatic fire sprinklers per CFC [903.3.1.3]
APPLICABLE TO LOT 10
177. **TURNAROUND (LOT 10 Only): (As noted on sheet 7.0) (a) Turnarounds are required on driveways and dead-end roads. (b) The minimum turning radius for a turnaround shall be forty (40) feet, not including parking, in accordance with the figures in 14 CCR §§ 1273.05(e) and 1273.05(f). If a hammerhead/T is used instead, the top of the “T” shall be a minimum of sixty (60) feet in length.(c) Driveways exceeding 150 feet in length, but less than 800 feet in length, shall provide a turnout near the midpoint of the driveway.
Where the driveway exceeds 800 feet, turnouts shall be provided no more than 400 feet apart. (d) A turnaround shall be provided on driveways over 300 feet in length and shall be within fifty (50) feet of the building.(e) Each dead-end road shall have a turnaround constructed at its terminus. Where parcels are zoned five (5) acres or larger, turnarounds shall be provided at a maximum of 1,320 foot intervals.(e) Figure A.
Turnarounds on roads with two ten-foot traffic lanes. California Code of Regulations, Title 14, Division 1.5, Chapter 7, Subchapter 2, Articles 1-5, § 1273.05. 178. FIRE DEPARTMENT (ENGINE) DRIVEWAY TURNAROUND REQUIRED: (As noted on sheet A1.1) An approved fire apparatus turnaround is required for all dead-end access roads and driveways in excess of 150 feet. [Ref: CFC 503.2.5]. All turnarounds shall have a maximum slope of 5% in any direction. Placement of any architectural feature within a turnaround is not permitted. All turnarounds shall be provided an approved metal, all weather sign or other approved notices or markings that shall include the words "NO PARKING – FIRE DEPARTMENT TURNAROUND". Turnarounds located on parcels shall be provided with a sign at the entrance to the parcel that shall include the words "FIRE DEPARTMENT TURNAROUND ON SITE". Installations shall conform to Fire Department Standard Details and Specifications sheet D-1.
179. **WIDTH: (Approved PRC 4290 request of exception shown on Sheet 7.3) (a) All roads shall be constructed to provide a minimum of two ten (10) foot traffic lanes, not including shoulder and striping. These traffic lanes shall provide for two-way traffic flow to support emergency vehicle and civilian egress, unless other standards are provided in this article or additional requirements are mandated by local jurisdictions or local subdivision requirements. Vertical clearances shall conform to the requirements in California Vehicle Code section 35250. (b) All one-way roads shall be constructed to provide a minimum of one twelve (12) foot traffic lane, not including shoulders. The local jurisdiction may approve one-way roads. (1) All one-way roads shall, at both ends, connect to a road with two traffic lanes providing for travel in different directions, and shall provide access to an area currently zoned for no more than ten (10) residential units. (2) In no case shall a one-way road exceed 2,640 feet in length. A turnout shall be placed and constructed at approximately the midpoint of each one-way road. (c) All driveways shall be constructed to provide a minimum of one (1) ten (10) foot traffic lane, fourteen (14) feet unobstructed horizontal clearance, and unobstructed vertical clearance of thirteen feet, six inches (13' 6”). California Code of Regulations, Title 14, Division 1.5, Chapter 7, Subchapter Articles 1-5, § 1273.01.
ITEM NO. 1.
180. MODIFIED FIRE SPRINKLERS REQUIRED (Lot 10 Only): (Per Approved PRC 4290 request of exception shown on sheet 7.3) Approved automatic sprinkler systems in new and existing buildings and structures shall be provided in the locations described in this Section or in Sections 903.2.1 through 903.2.12 whichever is the more restrictive and Sections 903.2.14 through 903.2.21. For the purposes of this section, firewalls and fire barriers used to separate building areas shall be constructed in accordance with the California Building Code and shall be without openings or penetrations. 181. FIRE APPARATUS (ENGINE)ACCESS ROADWAY REQUIRED: (Approved PRC 4290 request of exception shown on sheet 7.3) Provide an access roadway 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 50 feet outside and 30 feet inside, and a maximum slope of 15%. Installations shall conform to Fire Department Standard Details and Specifications sheet A-1. CFC Sec. 503.
182. REQUIRED FIRE FLOW: The minimum required fireflow for this project (Lot 10) is 1125 Gallons Per Minute (GPM) at 20 psi residual pressure. This fireflow assumes installation of automatic fire sprinklers per CFC [903.3.1.3] Fire flow appears not to meet requirement for VB construction. Per applicant to mitigate fire flow requirement, VA construction will be proposed for the entire structure. During Bbuilding permit Permit phase, show on coversheet that VA construction type will be used as part of this planning approval condition.
APPLICABLE TO LOT 11
183. ** TURNAROUND (Lot 1 to Lot 9, Lot 11 and 12): (As noted on sheet 7.0) (a) Turnarounds are required on driveways and dead-end roads. (b) The minimum turning radius for a turnaround shall be forty (40) feet, not including parking, in accordance with the figures in 14 CCR §§ 1273.05(e) and 1273.05(f). If a hammerhead/T is used instead, the top of the “T” shall be a minimum of sixty (60) feet in length.(c) Driveways exceeding 150 feet in length, but less than 800 feet in length, shall provide a turnout near the midpoint of the driveway. Where the driveway exceeds 800 feet, turnouts shall be provided no more than 400 feet apart. (d) A turnaround shall be provided on driveways over 300 feet in length and shall be within fifty (50) feet of the building.(d) Each deadend road shall have a turnaround constructed at its terminus. Where parcels are zoned five (5) acres or larger, turnarounds shall be provided at a maximum of 1,320 foot intervals.(e) Figure A. Turnarounds on roads with two ten-foot traffic lanes. California Code of Regulations, Title 14, Division 1.5, Chapter 7, Subchapter 2, Articles 1-5, § 1273.05.
184. FIRE SPRINKLERS REQUIRED (Lot 1 to Lot 9, Lot 11 and 12): (As noted on sheet 7.0) Approved automatic sprinkler systems in new and existing buildings and structures shall be provided in the locations described in this Section or in Sections 903.2.1 through 903.2.12 whichever is the more restrictive and Sections 903.2.14 through 903.2.21. For the purposes of this section, firewalls and fire barriers used to separate building areas shall be constructed in accordance with the California Building Code and shall be without openings or penetrations.
ITEM NO. 1.
185. REQUIRED FIRE FLOW: The minimum required fireflow for this project (Lot 11) is 1125 Gallons Per Minute (GPM) at 20 psi residual pressure. This fireflow assumes installation of automatic fire sprinklers per CFC [903.3.1.3]
APPLICABLE TO LOT 12
186. ** TURNAROUND (Lot 1 to Lot 9, Lot 11 and 12): (As noted on sheet 7.0) (a) Turnarounds are required on driveways and dead-end roads. (b) The minimum turning radius for a turnaround shall be forty (40) feet, not including parking, in accordance with the figures in 14 CCR §§ 1273.05(e) and 1273.05(f). If a hammerhead/T is used instead, the top of the “T” shall be a minimum of sixty (60) feet in length.(c) Driveways exceeding 150 feet in length, but less than 800 feet in length, shall provide a turnout near the midpoint of the driveway. Where the driveway exceeds 800 feet, turnouts shall be provided no more than 400 feet apart. (d) A turnaround shall be provided on driveways over 300 feet in length and shall be within fifty (50) feet of the building.(d) Each deadend road shall have a turnaround constructed at its terminus. Where parcels are zoned five (5) acres or larger, turnarounds shall be provided at a maximum of 1,320 foot intervals.(e) Figure A. Turnarounds on roads with two ten-foot traffic lanes. California Code of Regulations, Title 14, Division 1.5, Chapter 7, Subchapter 2, Articles 1-5, § 1273.05.
187. FIRE SPRINKLERS REQUIRED (Lot 1 to Lot 9, Lot 11 and 12): (As noted on sheet 7.0) Approved automatic sprinkler systems in new and existing buildings and structures shall be provided in the locations described in this Section or in Sections 903.2.1 through 903.2.12 whichever is the more restrictive and Sections 903.2.14 through 903.2.21. For the purposes of this section, firewalls and fire barriers used to separate building areas shall be constructed in accordance with the California Building Code and shall be without openings or penetrations.
188. REQUIRED FIRE FLOW: The minimum required fireflow for this project (Lot 12) is 500 Gallons Per Minute (GPM) at 20 psi residual pressure. This fireflow assumes installation of automatic fire sprinklers per CFC [903.3.1.3]
N:\DEV\CONDITIONS\2026\Twin Oaks Dr, 148 - M, A&S, MND-Revised- TC 08-11-26 - Redlined.docxS:\PLANNING COMMISSION REPORTS\2026\06-11-2026 SPECIAL\Item X - 178 Twin Oaks Drive\Exhibit 41 - Revised Recommended Conditions of Approval – M-24-013, S-24- 023 to -033 and S-24-059.docx
ITEM NO. 1.
Los Gatos Town Council
August 11, 2026
Re: 178 twin oaks drive application
Too many homes on hillside acreage
Saratoga had the good sense to turn down the SB 330 hillside subdivision application last month. Saratoga hillside zoning would only allow for 6 homes, not 12, and that rule exists to keep people safe and protect residents from zealous overbuilding. I hope you'll hold the line on that as this project keeps coming back.
This land just isn't a good place to build this much, this fast.
This property is on a hillside that the county has flagged as a landslide risk. It's also in a high fire danger area. Right through the middle of it runs a seasonal stream and creek habitat.
Brookside Acres creek flows underneath the property through a pipe that empties into Los Gatos Creek. To build this project, the developer wants to cut down over 150 trees and dig out more than 150 truckloads of dirt from the base of the hill. That's a huge amount of disturbance to a hillside that's already unstable.
The developer promised a bike trail — and just cancelled it.
The developer's team — Jim Foley, Tom Dodge, and Pinn Brothers — recently announced they're scrapping the bike trail that was supposed to connect Cerro Vista and Brookside Acres roads. Their reason? Too expensive. But let's be honest about what this project actually is: 12 homes priced at $6 to $8 million each. Hard to think that inclusion of a bike path would make this project economically unfeasible. This isn't affordable housing, and it's not helping California's housing crisis. It's housing for multimillionaires built on a narrow country road with no sidewalks and no streetlights. The 1960s era water and sewer system in the area are already struggling. This project could add about 25% more traffic to our neighborhood streets, with no real upgrades to handle it.
We've seen what happens when planning gets rushed.
We have seen in other California areas that overbuilding can stress the environment and all adjacent structures. The fires in the Palisades of Los Angeles and the Montecito floods in Santa Barbara. Rushed or poor planning contributed to disaster magnification. We don't want to learn that lesson the hard way here. We know there will be another Loma Prieta earthquake eventually.
Finish the environmental review, the right way.
We need at a minimum a certification of the state mandated environmental impact report. There was a previously executed EIR report but it was never officially certified. There are still a lot of open questions about landslide risk, fire danger, water and sewer capacity, traffic, and the creek, that haven't been properly answered or addressed. State law (CEQA) exists specifically to make sure these issues get worked out before a project is approved, not after. We should be able to slow down and update and certify the plan. These issues should not be resolved during ATTACHMENT 13
ITEM NO. 1.
construction and be subject to mitigation by tractor. Please require a final EIR report under the CEQA law. Let’s avoid catastrophic problems in our future and in our back yard.
Thank you for taking the time to consider this.
Jon and Marsha Witkin
Los Gatos residents for over 70 years
ITEM NO. 1.
From: Jill Fordyce
Sent: Tuesday, August 4, 2026 12:31 PM
To: Rob Moore <[email protected]>; Maria Ristow <[email protected]>; Mary Badame <[email protected]>; Rob Rennie <[email protected]>; Matthew Hudes <[email protected]>
Cc: Council <[email protected]>; Erin Walters <[email protected]>; Bill Meleyco < ; Jon Witkin >; Craig Fordyce
>
Subject: Special Town Council Meeting Scheduled for August 11 re: 178 Twin Oaks Project [EXTERNAL SENDER]
Dear Council Members,
We are Surrey Farms neighbors who live immediately adjacent to the proposed development at 178 Twin Oaks Drive.
Last week, we learned that there will be a Town Council Special Meeting on Tuesday, August 11th regarding the project. (As of today, some of us have still not received formal written notice of this meeting.)
We have further been advised that the Staff Report and Agenda will be available on the Town’s website “by Friday, August 7,” and that that public comments received before Thursday, August 6 will be included in the staff report.
Since the last Planning Commission meeting, we have received correspondence from Jim Foley, addressing neighborhood concerns regarding the project, and indicating that new drawings were being prepared in consideration of these concerns. As of yesterday, these drawings were still not complete.
We are writing to ask if the Council would consider rescheduling this special meeting to a later date to allow more time for the following:
-to review the staff report and submit meaningful comments -to meet with councilmembers individually to articulate our concerns for the project -to continue to work with Mr. Foley on neighborhood concerns Thank you very much for your time and consideration.
Respectfully,
Jill & Craig Fordyce
Bill & Kathy Meleyco
Jon & Marsha Witkin
ITEM NO. 1.
From: Philip Shanker
Sent: Tuesday, August 4, 2026 5:07 PM
To: Council <[email protected]>
Subject: Surrey Farms
[EXTERNAL SENDER]
I am strongly opposed to
the scope of this project and the effects it will have on the environment. A full environmental impact report has not to
my knowledge been completed. Some of the aspects of the home owners association responsibility seem unclear/ poorly defined.
Finally the entire area from Shannon rd to Kennedy rd will be negatively impacted with years of grading, construction and traffic essentially destroying the tranquility of the area for the sack of profit.
Philip J Shanker
Cerro Vista Ct
Los Gatos,CA
95032
LG resident for 44 years
Sent from my iPhone
ITEM NO. 1.
From: Jill Fordyce
Sent: Thursday, August 6, 2026 2:20 PM
To: Erin Walters <[email protected]>
Cc: Craig Fordyce
Subject: 178 Twin Oaks
[EXTERNAL SENDER]
Dear Members of the Los Gatos Town Council,
This Council is being asked to determine the fate of one of Los Gatos’ last remaining rural hillsides—one that has been held as Resource Conservation Space since 1975. A luxury home development is being proposed for the hill that backs the Surrey Farms neighborhood, submitted under the SB 330 “Builder’s Remedy” law. The hillside is currently home to 546 protected trees, heritage oaks, migratory birds, woodland animals, deer, turkey, various protected species, a riparian corridor, and an ephemeral stream. Under the proposed development, this natural habitat will be replaced with nine homes that will likely be sold in the $10 million range and three homes that purport to fall under the Los Gatos Below Market Price Housing Program, (although they fail to meet BMP requirements). The proposed development will place more than 97,000 feet of residential square footage on the hillside. Notice of this Town Council Special Meeting to consider this project went out on July 31, and as of this writing, the Staff Report has not been posted to the Town website.
Importantly, the Town has not required an EIR to determine the full risks of a development of this scale, despite repeated requests from neighbors and concerned citizens to do so. A full EIR presents the opportunity for study and evaluation—one of which would be alternatives to the project that could protect both the biological resources of the rural hillside and the neighborhood below. The standard for conducting an EIR is intentionally low. If there is a “fair argument,” supported by substantial evidence, that the project may have a significant environmental impact, then the town is required to prepare a full EIR. We know that there will be significant environmental impacts. They have been identified by neighbors, by the Santa Clara Valley Bird Alliance, the Sierra Club, and the Regional Water Quality Control Board. Below are some of the impacts that are of primary concern.
The developer is proposing to remove 223 of the protected trees in violation of the Los Gatos Tree Protection Ordinance, destroying habitat for protected species, creating potential additional risks of landslide, mudslide, and drainage issues. Due to the tree removal, grading, and construction, multiple protected species will be harmed or displaced, including the California red-legged fog, white-tailed kite, golden eagle, purple
ITEM NO. 1.
martin, pallid bat, Townsend’s big-eared bat, San Francisco dusky-footed woodrat, American badger, and burrowing owl. These habitats cannot be recreated by planting new trees.
Although the site is located in a county Geologic Hazard Zone, with risks of landslide, liquefaction, and potentially compression soils and fault rupture hazard areas, the applicant requests multiple cut, fill, and grading exceptions. A final erosion and sediment control plan has yet to be prepared in conjunction with the project. There is, therefore, currently no plan to protect neighboring properties from the potential risks to health and safety associated with the excessive grading, cut, fill, and construction on steep slopes in a Geologic Hazard Zone.
There are already drainage and flooding issues in Surrey Farms. The project proposes various bioretention areas, including one large one to be located directly adjacent to Hillbrook School, and multiple neighboring homes. The efficacy of these is unknown, while they introduce new health and safety risks.
According to the SCCFD, the project is in a Very High Fire Hazard Severity Zone.
Ingress/egress, evacuation routes, and increased risk of fire associated with development are key issues.
Our family has lived at Longmeadow Drive since 1999. Our home is at the end of the cul de sac, immediately downhill from the project site. Lot 5, which depicts a 40’ home constructed on top of 122 feet of ephemeral the stream, is located directly behind our house (see Figure 16 in the Recirculated MND). We urge the Town Council to refer to and consider our previously submitted letters dated October 8, 2025, December 17, 2025, and May 18, 2026 (incorporated by reference into this record), which list our concerns in detail, specifically: (1) The IS/MND is inadequate and an EIR is required; (2) The proposed project creates a specific, adverse impact to the public health and safety of our community; (3) The proposed project does not abide by the Los Gatos Below Market Price regulations; (4) The April 2026 Recirculated MND confirms that the environmental review of the site has been inadequate and relies on outdated studies and information.
Finally, to aid in understanding of the physical site, we urge the Town Council to view the photos of the ephemeral stream included in our May 18, 2026 submission to the Planning Commission, as well as the video evidence linked
here: https://bit.ly/178TwinOaksEphemeralStreamVideos
Prior to the last Planning Commission meeting, we met with Jim Foley to see if the developer would address some of the neighbor concerns. Subsequent to that meeting, on June 10, we sent the following email to Mr. Foley.
ITEM NO. 1.
Thank you for meeting with us last week. We have discussed options to help facilitate the security, safety, and privacy of our homes and have come up with the following initial list that we are proposing as conditions of approval for the project. -Extend the proposed berm all the way to the catch basin. -Enlarge the open space area and/or grant an easement to create space and screen our properties from new homes as discussed during our meeting. -Plant two rows of large redwoods (placed not on the property line, but back towards the houses with the requirement that they are to be maintained). -Wash our windows and exterior walls every 30 days during construction. -Establish who is responsible for the expense and maintenance of the retention pond and who/ what entity will be liable.
-Establish who is responsible for the day to day operations and management of complaints during construction and who/ what entity will be liable. -No construction over weekends.
Additionally, as discussed during our meeting, Lot 5 is the largest, most imposing home of the development. It is built on top of the ephemeral stream and also, looks directly into our yards. We request that Lot 5 be eliminated, moved, reoriented, and/or reconfigured.
Thank you for your consideration of these items.
On June 10, we received the following response from Mr. Foley:
Most of these requests can be accommodated and we are already looking at Lot 5 to see what can be done there. I will officially address each one after I can talk to the whole team about these requests. The team already agreed that we absolutely will pay for and provide the additional screening. We will need to work with you all on location and species exactly because we don’t have complete control over that. More to come on the balance.
On July 22, we received the following email from Mr. Foley:
Hi Jill and neighbors, we are working on an exhibit showing new screening and easements per your requests below. We will provide conditions to the staff to incorporate into the staff report for the maintenance requests you have. The construction hours are no problem. The maintenance association is in the CC&Rs that will be recorded on the property, those have always been a part of this application and have been available from the Town since the 2 nd or 3rd submittal. The Town code enforcement (PD) is responsible to enforce compliance under police power. If there is ever an issue you would contact them or the Town Manager department and they can follow up to see that any violations are corrected. As you can
ITEM NO. 1.
imagine, Lot 5 is hard to change. Beyond the screening, which the developer will agree to plant immediately such that by the time Lot 5 develops (which is really completely unknown) the trees are mature. Beyond that, I think best case is when Lot 5 comes forward for development you can work with the builder at that time to see if any modifications to the floorplan can be achieved. It’s possible it will still be the developer involved now, but it could also be a future owner. That’s a few years away. Will send the revised exhibit as soon as it’s ready and happy to do a follow up call.
As of this writing, we have not received the revised exhibit and the Staff Report has not been posted to the Town website, so we are unable to determine what, if any, conditions have been incorporated.
This development will radically affect the landscape, the environment, the biological resources, and the surrounding neighborhoods. Because the Town has failed to conduct an EIR, we believe we are not even aware of the potential impacts this development will have.
Because much of the mitigation is speculative, future-oriented, and to-be-determined, we have no security that the health and safety of our neighborhood and its residents will not be affected.
Our primary request is for the Town to conduct an EIR so that we can fully understand the scope of potential environmental harm and risk to our health and safety. We are deeply concerned that, given the drainage and grading issues, the newly discovered information about the ephemeral stream, the lack of a complete, appropriate mitigation plan, and the lack of an accountable party, our backyards could be flooded and/or inundated with mud, dirt, and debris, and we will have no recourse. If the Town elects to move forward with this development, we request that conditions protecting the hillside and the neighborhood (including, but not limited to, those listed above) are written into the approval.
We respectfully request that the Town Council deny this project based on an insufficient environmental review, noncompliance with applicable regulations, and the risk to the health and safety of our community.
Very truly yours,
Jill & Craig Fordyce
Longmeadow Drive
August 6, 2026
ITEM NO. 1.
From: Camas J. Steinmetz <[email protected]>
Sent: Thursday, August 6, 2026 2:23 PM
To: Erin Walters <[email protected]>; Gabrielle Whelan <[email protected]>
Cc: Sean Mullin <[email protected]>; Jon Witkin ; Joel Paulson <[email protected]>
Subject: Witkin Attorney Comment Letter re 178 Twin Oaks Subdivision Project - Pls Include in Staff Rpt
[EXTERNAL SENDER]
Hi Erin,
Thanks very much for sending me these links.
Please include my attached letter and exhibits in the August 11, 2026, staff report. I am hoping they are not too large to come through so please confirm receipt.
Thanks,
Camas
Camas J. Steinmetz, Esq.
Jorgenson, Siegel, McClure & Flegel, LLP
1100 Alma Street, Suite 210 | Menlo Park, CA 94025
Direct: (650) 289-4580 | Cell: 650-743-9700
Email: [email protected] | website: www.jsmf.com
ITEM NO. 1.
From: Erin Walters <[email protected]>
Sent: Tuesday, July 28, 2026 6:39 PM
To: Camas J. Steinmetz <[email protected]>; Gabrielle Whelan <[email protected]> Cc: Sean Mullin <[email protected]>; Jon Witkin
Subject: RE: CEQA Public Review -Notice of Intent - Recirculated IS/MND for 178 Twin Oaks Subdivision Project
Hi Camas,
The Town Council Special Meeting will be held Tuesday, August 11th at 5pm in the Town Council Chambers for the project located at 178 Twin Oaks Drive.
The staff report will be available on the Town’s website by Friday, August 7th. https://losgatos-ca.municodemeetings.com/
Public comments received by the Town for the project at 178 Twin Oaks Drive can be found here:
12/17/26 Planning Commission –
Staff
Report: https://meetings.municode.com/adaHtmlDocument/index?cc=LOSGATOS&me=e 5a13e8f88fe4cf8aaa1fcbd2c6bd695&ip=True
Addendum: https://losgatos-ca.municodemeetings.com/sites/losgatosca.municodemeetings.com/files/fileattachments/planning_commission/meeting/7689/ite m_1_-_addendum_with_exhibit_28.178_twin_oaks_dr.pdf
Addendum 2: https://losgatos-ca.municodemeetings.com/sites/losgatosca.municodemeetings.com/files/fileattachments/planning_commission/meeting/7689/ite m_1_-_addendum_2_with_exhibits_29_and_30.178_twin_oaks_dr.pdf Desk Item: https://losgatos-ca.municodemeetings.com/sites/losgatosca.municodemeetings.com/files/fileattachments/planning_commission/meeting/7689/ite m_1_-_desk_item_with_exhibit_31.178_twin_oaks_dr.pdf
6/11/26 Planning Commission MeetingStaff Report:
https://meetings.municode.com/adaHtmlDocument/index?cc=LOSGATOS&me=f9edecfd5 9ad4bb682391a9dfb38ce24&ip=True
ITEM NO. 1.
Addendum: https://losgatos-ca.municodemeetings.com/sites/losgatosca.municodemeetings.com/files/fileattachments/planning_commission/meeting/7946/ite m_1_-_addendum_with_exhibits_44_and_45.178_twin_oaks_dr.pdf Desk Item: https://losgatos-ca.municodemeetings.com/sites/losgatosca.municodemeetings.com/files/fileattachments/planning_commission/meeting/7946/ite m_1_-_desk_item_with_exhibit_46.178_twin_oaks_dr.pdf
•Any public comment received after 11:01 a.m. on June 11, 2026, through 3:00 p.m. on August 6, 2026, will be included in the August 11, 2026, staff report.
Thank you,
Erin M. Walters ● Senior Planner
Community Development Department ● 110 E. Main Street, Los Gatos CA 95030
Ph: 408.354.6867 ● 408-354-6872● [email protected] www.losgatosca.gov ● www.LosGatosCA.gov/MyLosGatos311
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ITEM NO. 1.
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ITEM NO. 1.
W I L L I A M L. M c C L U R E
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August 6, 2026
Mayor Moore and Members of the Town Council
Town of Los Gatos, Community Development Department
110 E. Main Street Los Gatos, CA 95030
Via Email to Erin Walters, Senior Planner [email protected] Re: 178 Twin Oaks, Surrey Farms Estates Subdivision Project (Architecture and Site Applications S-24-023 through -032 and S-24-059, Vesting Tentative Map Application M-24- 013, and Mitigated Negative Declaration Application ND-25-001) Dear Mayor Moore and Members of the Town Council:
This law firm represents Jon Witkin, who owns and resides on the property immediately adjacent to the proposed 178 Twin Oaks, Surrey Farms Estates Subdivision Project (the “Project”) in the Town of Los Gatos (the “Town”) hills where he has lived for seventy (70) years since 1955. As shown on the Project’s proposed Vesting Tentative Map before you for approval (excerpted and attached hereto as Exhibit A), five (5) of the proposed twelve (12) residential units would share a property line with my client’s property, and therefore Mr. Witkin would be the neighbor most impacted by this Project.
While we recognize that the Town Council’s discretion to deny the Project under the state’s housing laws is limited, based on our review of the documents in the record as well as governing state law and applicable Town development standards, the legal criteria for denying the Project is met on three separate grounds. First, the IS/MND is inadequate under the California Environmental Quality Act (“CEQA”) because there is a fair argument based on substantial evidence in the record that the Project will result in significant unmitigated environmental impacts, and, therefore, an Environmental Impact Report (“EIR”) is required before the Project can be approved. Second, the Project would result in a specific, adverse impact upon the public health or safety pursuant to California Government Code Section 65589.5(d). Third, the Project conflicts