Los Gatos City Council
August 11, 2026

IMPORTANT NOTICE
This is a hybrid meeting and will be held in-person at the Town Council Chambers at 110 E. Main Street and virtually through Zoom Webinar (log-in information provided below). You may watch the Council meeting without providing public comment on Comcast cable channel 15 or at www.LosGatosCA.gov/TownYouTube. Members of the public may provide public comments for agenda items in-person or virtually by following the instructions listed at the end of the agenda.

To watch and participate via Zoom, please go to:
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CALL MEETING TO ORDER

ROLL CALL
VERBAL COMMUNICATIONS (Members of the public are welcome to address the Town Council only on matters listed on the agenda. Town resources may not be used to facilitate audio or visual presentations. Each speaker is limited to no more than three (3) minutes or such time as authorized by the Mayor.)
PUBLIC HEARINGS (Presentations during the Public Hearings portion of the agenda by appellants and applicants, including any expert or consultant assisting with the presentation, shall be limited to a total of no more than five (5) minutes for all speakers. Appellants and applicants shall be provided no more than three (3) minutes to rebut at the end of the public hearing. Visual presentations that require the use of staff resources shall be limited to appellants and applicants.

Members of the public testifying at public hearings shall be limited to no more than three (3) minutes, or such time as authorized by the Mayor.)

1. Consider a Recommendation by the Planning Commission to Approve the Subdivision of One Lot into Twelve Lots with a Vesting Tentative Map, Construction of a New SingleFamily Residence on Each Lot, Site Work Requiring a Grading Permit, and Removal of Large Protected Trees Under Senate Bill 330 (SB330) on Vacant Property Zoned RC.

Located at 178 Twin Oaks Drive. APN 532-16-006. Architecture and Site Applications S24-023 through -032 and S-24-059, Subdivision Application M-24-013, and Mitigated

SPECIAL MEETING OF THE TOWN COUNCIL AGENDA
AUGUST 11, 2026
TOWN COUNCIL CHAMBERS, 110 EAST MAIN STREET,
LOS GATOS, CA 95030
5:00 PM
Rob Moore, Mayor
Maria Ristow, Vice Mayor
Mary Badame, Council Member
Matthew Hudes, Council Member
Rob Rennie, Council Member

Negative Declaration Application ND-25-001. An Initial Study and Recirculated Mitigated Negative Declaration Have Been Prepared. Property Owner/Applicant: Larry Dodge.

Project Planner: Erin Walters.

RECOMMENDATION: Staff recommends that the Town Council consider the Planning Commission’s recommendation and adopt the draft Resolution to approve 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 (SB330) on vacant property zoned RC located at 178 Twin Oaks Drive.

ADJOURNMENT (Council policy is to adjourn no later than midnight unless a majority of Council votes for an extension of time.)
ADA NOTICE - In compliance with the Americans with Disabilities Act, if you require special assistance to participate in this meeting, please contact the Clerk’s Office at (408) 354-6834.

Please notify the Clerk’s Office at least two (2) business days prior to the meeting so that reasonable arrangements can be made to ensure accessibility in compliance with 28 CFR §35.102-

35.104 and related provisions.

NOTICE REGARDING SUPPLEMENTAL MATERIALS - Materials related to an item on this agenda submitted to the Town Council after initial distribution of the agenda packets are available for public inspection in the Clerk’s Office at Town Hall, 110 E. Main Street, Los Gatos and on the Town’s website at www.losgatosca.gov. Town Council agendas and related materials can be viewed online at https://losgatos-ca.municodemeetings.com/.

HOW TO PARTICIPATE
Members of the public may provide public comments for agenda items in-person or virtually through the Zoom Webinar by following the instructions listed below.

The public is welcome to provide oral comments in real-time during the meeting in three ways:

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Telephone: To participate by phone please dial 1 (408) 961-3927 or 1 (855) 758-1310 for US Tollfree and use Meeting ID: 867 3036 3468. When the Mayor announces the item for which you wish to speak, press *9 on your telephone keypad to raise your hand.

In-Person: Please complete a “speaker’s card” located on the back of the chamber benches and submit it to the Town Clerk before the meeting or when the Mayor announces the item for which you wish to speak.

NOTES: Comments will be limited to three (3) minutes or less at the Mayor’s discretion. If you are unable to participate in real-time, you may email to [email protected] the subject line “Public Comment Item #__ ” (insert the item number relevant to your comment).

Deadlines to submit written comments are:
-3:00 p.m. the business day before the Council meeting for inclusion in an addendum. -11:00 a.m. the day of the Council meeting for inclusion in a desk item.

PREPARED BY: Erin M. Walters
Senior Planner
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, and Community Development Director
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov

TOWN OF LOS GATOS

COUNCIL AGENDA REPORT
MEETING DATE: 08/11/2026
ITEM NO: 1
DATE: August 6, 2026
TO: Mayor and Town Council
FROM: Chris Constantin, Town Manager
SUBJECT: Consider a Recommendation by the Planning Commission to Approve 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 (SB330) on Vacant Property Zoned RC. Located at 178 Twin Oaks Drive. APN 532-16-006. Architecture and Site Applications S-24-023 through -032 and S-24-059, Subdivision Application M-24-013, and Mitigated Negative Declaration Application ND-25-001. An Initial Study and Recirculated Mitigated Negative Declaration Have Been Prepared. Property Owner/Applicant: Larry Dodge. Project Planner: Erin Walters.

RECOMMENDATION: Staff recommends that the Town Council consider the Planning Commission’s recommendation and adopt the draft Resolution to approve 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 (SB330) on vacant property zoned RC located at 178 Twin Oaks Drive.

FISCAL IMPACT:

Approving the Architecture and Site, Subdivision, and Mitigated Negative Declaration applications does not impact the Town’s budget.

STRATEGIC PRIORITY:

The proposed project aligns with the adopted Core Goal of Community Character and the Strategic Priority to preserve the Town’s small-town charm and provide a range of housing

ITEM NO. 1.

PAGE 2 OF 8
SUBJECT: 178 Twin Oaks Drive
DATE: August 6, 2026
opportunities, while diligently maintaining and implementing the Housing Element.

BACKGROUND:

Project Site
The subject hillside property is approximately 17.55 acres of vacant land that takes access from Twin Oaks Drive (Exhibit 4 of Attachment 2). The hillside project site contains scattered oak woodlands and a small portion of East Ross Creek crossing the site’s farthest southwestern corner through a buried culvert. The site is surrounded by low density or hillside residential properties on all sides, with a partially shared property line with Hillbrook School to the north.

The property generally sits east of Twin Oaks Drive, north of Brooke Acres Drive, and southwest of Cerro Vista Court and Cerro Vista Drive. The property has a General Plan designation of Agriculture and is zoned RC, or Resource Conservation.

Project Summary
The applicant proposes to subdivide the site into twelve lots ranging from 0.10 to 5.48 acres (Sheet 2.0 of Exhibit 15 of Attachment 2). The western slope would be developed with 11 twostory single-family residences (eight market-rate and three below-market-rate units), while the eastern portion would remain undeveloped. One additional two-story residence is proposed on the northeastern slope (Lot 10). Access would be provided by a new private cul-de-sac from Twin Oaks Drive, an EVAE connection to Brooke Acres Drive, and a separate driveway from Cerra Vista Court for Lot 10. Three of the 12 units (25 percent) would be designated as lowincome Below Market Price (BMP) units, exceeding the minimum affordability requirement under the Builder’s Remedy provisions (Lots 1, 11 and 12).

Full discussion and analysis of the project is provided in the December 17, 2025, and June 11, 2026, Planning Commission Staff Reports (Attachments 2 and 7). The proposed development plans are included in Exhibits 15 through 27 of Attachment 2, Exhibit 35 (Open Space Easements and Future Trail Easements), and Exhibit 36 (Lots 5 and 6 Vegetation Buffer) found in Attachment 7.

State Housing Laws
The applicant is utilizing the provisions of Senate Bill 330 (SB 330), State Density Bonus Law (SDBL), and the Builder’s Remedy. The project qualifies as a Builder’s Remedy project, and the applicant has invoked the provisions of the Builder’s Remedy with this project. As a result, the planning application is subject to the requirements of the state Housing Accountability Act (HAA). These statutory frameworks are discussed in detail in the December 17, 2025, and June 11, 2026, Planning Commission Staff Reports, included as Attachments 2 and 7.

ITEM NO. 1.

PAGE 3 OF 8
SUBJECT: 178 Twin Oaks Drive
DATE: August 6, 2026
Planning Commission
On December 17, 2025, the Planning Commission considered the project (Attachments 2 through 5), received public testimony, and continued the item to a date uncertain to allow the applicant and staff additional time to respond to questions raised at the meeting which are included in the December 17, 2025, Planning Commission Verbatim Minutes (Attachment 6) and discussed in the June 11, 2026, Planning Commission staff report (Attachments 7-9).

On June 11, 2026, the Planning Commission received additional information and public testimony and voted 4-1 to recommend that the Town Council approve the project, subject to the modified Conditions of Approval as included in Attachment 12 and incorporated into Exhibit A of Attachment 1. The June 11, 2026, Planning Commission Verbatim Minutes are provided in Attachment 10. Additional details regarding the Planning Commission’s review, discussion, and recommendation are provided below.

DISCUSSION:

A. Planning Commission:

On June 11, 2026, the Planning Commission received additional information and public testimony regarding the project (Attachments 7-9). The June 11, 2026, Planning Commission Verbatim Minutes are included as Attachment 10.

The Planning Commission discussed the recirculated Initial Study/Mitigated Negative Declaration (IS/MND), including the newly identified ephemeral drainage feature on Lot 5, the proposed biological mitigation measures, and whether the project's environmental impacts could be mitigated to a less-than-significant level. The Commission also discussed the timing of regulatory agency permits and the implementation and monitoring of mitigation measures. A summary of the environmental review is provided later in this report.

The Commission considered project revisions made since the hearing on December 17, 2025, including enhanced vegetation screening, proposed private open space and public trail easements, drainage improvements, and the applicant’s responses to previous Commissioner questions.

During deliberations, the Planning Commission discussed modifications to the Conditions of Approval, including expansion of the proposed public trail easement; addition of a public pedestrian and bicycle access gate; specific plant selection and enhanced landscape screening; establishment of a Maintenance Association and Private Road Maintenance Agreement; enhanced maintenance requirements for on-site stormwater treatment facilities; and additional construction management requirements for construction vehicles and equipment.

ITEM NO. 1.

PAGE 4 OF 8
SUBJECT: 178 Twin Oaks Drive
DATE: August 6, 2026
Following deliberation, the Planning Commission voted 4-1 to recommend that the Town Council adopt the recirculated IS/MND and approve the project, subject to the modified Conditions of Approval as included in Attachment 12 and incorporated into Exhibit A of Attachment 1.

B. Requested Incentives, Waivers, and Exceptions:

The project includes deviations from the Town's development standards requested pursuant to the SDBL and the Builder's Remedy. The applicant's justification for these deviations is provided in Exhibit 5 of Attachment 2.

The applicant is requesting three incentives under SDBL, where state law would allow up to five.

Requested Incentives
Not Installing Story Poles and Netting per the Visibility Analysis requirements of the Hillside Development Standards and Guidelines Project wide
Not Providing Sidewalks Project wide
Not Constructing Trails Project wide
The applicant is requesting 58 waivers, where the project qualifies for unlimited waivers under SDBL.

Requested Waivers
Reduced Lot Area Lots 11 and 12
Reduced Setbacks Lots 1, 3, 6, 11, and 12
Exceeding the Maximum Gross Floor Area Lots 2,3,4,7,8,9,10, and 12 Building Outside the Least Restrictive Development
Area (LRDA)
Lots 3,6, and 7
Exceeding Maximum Building Height All Lots
Exceeding Maximum Graded Cut and Fill Depths All Lots
Swimming Pools on Slopes greater than 30 percent Lots 7 and 8 Reduced Guest Parking All Lots
Location of BMP Units Project wide
Comparable Bed/Bath Size of BMP Units Project wide
The application meets the definition of a Builder’s Remedy project and is invoking the following exceptions to Town standards pursuant to Builder’s Remedy on the following page:

ITEM NO. 1.

PAGE 5 OF 8
SUBJECT: 178 Twin Oaks Drive
DATE: August 6, 2026
Requested Exceptions through Builder’s Remedy
General Plan Designation Project wide
Zoning Designation Project wide
Density Project wide
Staff notes that, pursuant to the HAA and the Builder’s Remedy provisions applicable to this project, objective development standards may not be applied in a manner that would render a housing development project infeasible unless the project would result in a specific adverse impact on public health or safety and there is no feasible method to mitigate or avoid that impact. The HAA defines “feasible” as capable of being accomplished successfully within a reasonable period of time, taking into account economic, environmental, social, and technological factors.

The legal framework for Senate Bill 330; HAA; SDBL; Builder’s Remedy; and the applicant’s requests for incentives, waivers, and exceptions are described in the December 17, 2025, Planning Commission staff report (Attachment 2).

ENVIRONMENTAL REVIEW:

The project’s IS/MND was circulated by the Town for public review from September 19, 2025, through October 8, 2025. Following the public review period, Raney Planning and Management, Inc. prepared responses to comments, and the project was considered by the Planning Commission on December 17, 2025.

In response to public comments and input at the December 17, 2025, Planning Commission hearing, Live Oak Associates, Inc. (LOA), the Town’s Consulting Biologists, conducted an additional on-site field investigation of the ephemeral feature located on the project site on February 12, 2026, after a storm event when water was flowing in the on-site ephemeral feature. This follow-up assessment resulted in the determination that the northerly limits of the ephemeral feature extend into the proposed internal driveway and Lot 5 development footprint. As a result, consistent with CEQA Guidelines Section 15073.5, the IS/MND was revised and recirculated to identify a new potentially significant impact related to having a substantial adverse effect on aquatic features, and included new mitigation measures under question IV-b and IV-c to reduce the newly identified impact to a less-than-significant level (Mitigation Measures IV-10 and -11).

A Recirculated IS/MND was circulated for a 30-day public review from April 17, 2026, through May 18, 2026 (Exhibit 38 of Attachment 7).

Under CEQA Guidelines Sections 15073 and 15074, the Town is required to consider all comments received on the IS/MND; however, written responses are not required for a Mitigated Negative Declaration. At the Town’s request, Raney Planning and Management, Inc,

ITEM NO. 1.

PAGE 6 OF 8
SUBJECT: 178 Twin Oaks Drive
DATE: August 6, 2026
the Town’s environmental consultant, prepared written responses to comments received during the public review period as found in (Exhibit 40 of Attachment 7).

The Recirculated IS/MND concluded that the project will not have a significant impact on the environment with adoption of the Recirculated MND and Revised MMRP to mitigate potential impacts to a less-than- significant level.

On June 11, 2026, the Planning Commission Desk Item included an Errata for the project’s Recirculated IS/MND, which strengthens the previously included performance standards of Mitigation Measure IV-10 (Exhibit 46 of Attachment 9). Recirculation of the IS/MND was not required.

Each of the 21 mitigation measures identified in the Recirculated MND (III-1, IV-1, IV-2, IV-3, IV4, IV-5, IV-6, IV-7, IV-8, IV-9, IV-10, IV-11, IV-12, V-1, V-2, V11-1, X-1, X111-1, X111-2, XVII-1, and XVIII-1) and the revised measure IV-10 identified in the June 11, 2026, Errata are included in the Revised Recirculated MMRP (Attachment 11) and Revised Conditions of Approval (Exhibit A of Attachment 1).

PUBLIC COMMENTS:

Consistent with the Town’s Height Pole, Flagging, Netting, and Signage Policy, project signs were installed on the site along Twin Oaks Drive and Cerro Vista Court. Additionally, notice cards for the Town Council meeting were mailed to all property owners and residents within 1,000 feet, a legal advertisement was published in the newspaper, and meeting agendas were posted at Town Hall and the Library.

Visual simulations were completed by the Town’s consultant and posted to the Town’s website by September 1, 2025 (Attachment 2, Exhibit 10).

Staff conducted outreach through the following online communication channels to publicize the availability of the visual simulations, the public review of the IS/MND, the Recirculated IS/MND, and the public hearings:
 The Town’s website home page, What’s New;
 The Town’s Facebook page;
 The Town’s Twitter account;
 The Town’s Instagram account; and
 The Town’s NextDoor page.

Public comments received before the December 17, 2025, and June 11, 2026, Planning Commission hearings were included in the corresponding Staff Reports, Addenda, and Desk Item Reports (Attachments 2 through 7).

Public Comments received between 11:01 a.m., Thursday, June 11, 2026, and 3:00 pm, Thursday, August 6, 2026, are included as Attachment 13.

ITEM NO. 1.

PAGE 7 OF 8
SUBJECT: 178 Twin Oaks Drive
DATE: August 6, 2026
CONCLUSION:

The applicant is requesting approval for the subdivision of one lot into 12 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 SB 330 on a vacant property zoned RC, located at 178 Twin Oaks Drive.

As detailed above and in the December 17, 2025, and June 11, 2026, Planning Commission staff reports, the application was submitted and is being processed under SB 330. The applicant seeks approval for the proposed residential project utilizing both SDBL (CA Gov.Code § 65915) and the Builder’s Remedy provisions under the HAA [CA Gov. Code § 65589.5 (d)(5)].

The deviations from the Town’s standards included in the project are requested through both SDBL and Builder’s Remedy for which the applicant has provided justification (Exhibit 5 of Attachment 2). The proposed development plans are included in Exhibits 15 through 27 of Attachment 2, Exhibit 35 (Open Space Easements and Future Trail Easements); and Exhibit 36 (Lots 5 and 6 Vegetation Buffer) found in Attachment 7.

On June 11, 2026, the Planning Commission forwarded a recommendation of approval to the Town Council with modified Conditions of Approval.

RECOMMENDATION:

Staff recommends that the Town Council adopt the draft Resolution included as Attachment 1 to make the required findings and approve the Architecture and Site applications, Subdivision application, and Mitigated Negative Declaration application subject to the conditions of approval (Attachment 1, Exhibit A).

ALTERNATIVES:

Alternatively, the Council can:

1. Approve the applications with additional and/or modified conditions;

2. Continue the matter with specific direction; or

3. Deny the applications and make the required findings for denial.

COORDINATION:

This report was coordinated with the offices of the Town Manager and Town Attorney.

ITEM NO. 1.

PAGE 8 OF 8
SUBJECT: 178 Twin Oaks Drive
DATE: August 6, 2026
ATTACHMENTS:

1. Draft Resolution making the required findings and approving the applications subject to the Conditions of Approval (included as Exhibit A)

2. December 17, 2025, Planning Commission Staff Report, with Exhibits 1-27

3. December 15, 2025, Planning Commission Addendum, with Exhibit 28

4. December 16, 2025, Planning Commission Addendum 2 Report, with Exhibits 29 and 30

5. December 17, 2025, Planning Commission Desk Item, with Exhibit 31

6. December 17, 2025, Planning Commission Verbatim Minutes

7. June 11, 2026, Planning Commission Staff Report, with Exhibits 32 through 43

8. June 9, 2026, Planning Commission Addendum, with Exhibits 44 and 45

9. June 11, 2026, Planning Commission Desk Item, with Exhibit 46

10. June 11, 2026, Planning Commission Verbatim Minutes

11. Revised Recirculated Mitigation Monitoring and Reporting Program, July 2026

12. Modified Conditions of Approval – Redlined

13. Public Comments received between 11:01 a.m., Thursday, June 11, 2026, and 3:00 pm, Thursday, August 6, 2026

ITEM NO. 1.
1 of 10
Draft Resolution August 11, 2026
ATTACHMENT 1
DRAFT RESOLUTION 2026-

RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS

APPROVING THE SUBDIVISION OF ONE LOT INTO TWELVE LOTS

WITH A VESTING TENATIVE 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 (SB330) ON VACANT PROPERTY ZONED RC.

PROPERTY LOCATION: 178 TWIN OAKS DRIVE
APN: 532-16-006
ARCHITECTURE AND SITE APPLICATIONS: S-24-023 THROUGH -032 AND S-24-059 SUBDIVISION APPLICATION: M-24-013
MITIGATED NEGATIVE DECLARATION APPLICATION: ND-25-001
PROPERTY OWNER/APPLICANT: LARRY DODGE
WHEREAS, the applicant, Larry Dodge, proposes subdivision of one lot into 12 lots with a Vesting Tentative map, construction of a new single-family residence on each lot (Lots 1-12), site work requiring a Grading Permit, and removal of large protected trees under Senate Bill 330 (SB330) on a vacant property;
WHEREAS, the project includes Architecture and Site Applications (S-24-023 through - 032 and S-24-059), Subdivision Application (M-24-013), and Mitigated Negative Declaration Application (ND-25-001); and
WHEREAS, on December 17, 2025, the Planning Commission held a public hearing and received testimony from the applicant and all interested persons who wished to testify or submit documents. The Planning Commission considered all testimony and materials submitted, including the packet of materials contained in the Planning Commission Agenda Report for their meeting on December 17, 2025, along with any and all subsequent reports and materials prepared concerning this application, and continued the item to a date uncertain to allow the applicant and staff additional time to respond to questions raised at the December 17, 2025 meeting;
WHEREAS, on June 11, 2026, the Planning Commission held a public hearing and received testimony from the applicant and all interested persons who wished to testify or submit documents. The Planning Commission considered all testimony and materials submitted, including the packet of materials contained in the Planning Commission Agenda Report for their meeting on June 11, 2026, along with any and all subsequent reports and materials prepared concerning this application, and forwarded a recommendation of approval to the Town Council with modified Conditions of Approval; and Draft Resolution to be
modified by Town
Council deliberations
and direction.

ITEM NO. 1.
2 of 10
Draft Resolution August 11, 2026
ATTACHMENT 1
WHEREAS, this matter was scheduled to come before the Town Council for a special public hearing on June 23, 2026, and was regularly noticed in conformance with state and Town law; however, the hearing was cancelled due to lack of quorum; and WHEREAS, this matter was rescheduled and came before the Town Council for a special public hearing on August 11, 2026, and was regularly noticed in conformance with state and Town law; and
WHEREAS, on August 11, 2026, the Town Council held a special public hearing and received testimony from the applicant and all interested persons who wished to testify or submit documents. The Town Council considered all testimony and materials submitted, including the record of the Planning Commission proceedings and the packet of materials contained in the Council Agenda Report for their meetings on December 17, 2025, and June 11, 2026, along with any and all subsequent reports and materials prepared concerning this application; and
WHEREAS, the Town Council was able to make the findings required to approve the Architecture and Site, Subdivision, and Mitigated Negative Declaration applications.

NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Los Gatos does the following:

1. The following findings are made by the Town Council of the Town of Los Gatos. The facts and evidence that support these findings are contained and explained in the record of proceedings for the proposed project, including, without limitation, the Initial Study, Mitigated Declaration, and the staff reports for the Planning Commission and Town Council hearings.
(A) Finding required for the California Environmental Quality Act (CEQA):

A Recirculated Initial Study and Mitigated Negative Declaration were prepared for this project, determining that this project will not have a significant impact on the environment with adoption of the Recirculated Mitigated Negative Declaration and Mitigation Monitoring Reporting Program to mitigate potential impacts to a less than significant level. Each of the mitigation measures identified in the Recirculated Mitigated Negative Declaration are included in the Conditions of Approval attached hereto as Exhibit A.
(B) Finding required for consistency with the Town’s Applicable General Plan:

The proposed project is consistent with the General Plan, subject to the approval of the incentives/concessions and waivers requested pursuant to the State Density Bonus Law and granting the requested exceptions to the maximum allowable density pursuant to the Builder’s Remedy provisions of the Housing

ITEM NO. 1.
3 of 10
Draft Resolution August 11, 2026
ATTACHMENT 1
Accountability Act [CA Gov. Code Section 65589.5 (d)]. Pursuant to Senate Bill 330, the General Plan applicable to the proposed project consists of the 2020 General Plan Land Use and Community Design Elements and the remainder of the 2040 General Plan, excluding those two Elements, as they existed on the date the applicant submitted its SB 330 preliminary application.

The applicable General Plan Land Use Element designates the project site as Agriculture. The site is zoned RC (Resource Conservation Zone).

The RC zoning district purpose and intent is to enhance the quality of life in the Town through the protection of open space, special land forms, scenic areas, watershed, wildlife and vegetation; to restrict access to and within these certain designated areas; to restrict the intensity of activity and development; to limit residential density; to reduce fire hazards in the hillside areas which are under Williamson Act contract with the Town; and to provide for open space in the form of parks, playgrounds, and other community facilities.

Although the proposed single-family residential development exceeds the density permitted by the General Plan and zoning regulations, the project qualifies for consideration under the Builder's Remedy provisions of the Housing Accountability Act. With approval of the requested exceptions to the General Plan land use designation, zoning regulations, and maximum allowable density, the project advances the Housing Element's housing objectives and is therefore consistent with the General Plan and its applicable elements. The property is not subject to a Williamson Act contract.
(C) Findings required to deny a Subdivision application:

As required by Section 66474 (a) through (g) of the State Subdivision Map Act, the map shall not be denied if any of the findings listed in that Section are made.

None of the findings could be made to deny the application with granting of the requested exceptions to Town standards pursuant to the Builder’s Remedy provision of the Housing Accountability Act, CA Gov. Code Section 65589.5 (d).

Instead, the Town Council makes the following affirmative findings:
 That the proposed map is consistent with all elements of the General Plan, with granting of the requested exceptions to Town standards pursuant to the Builder’s Remedy provision of the Housing Accountability Act, CA Gov. Code Section 65589.5 (d), because the property’s zoning permits residential use.  That the design and improvement of the proposed subdivision is consistent with all Town standards that can be applied in conformance with the Builder’s Remedy provision of the Housing Accountability Act, CA Gov. Code Section 65589.5 (d).

ITEM NO. 1.
4 of 10
Draft Resolution August 11, 2026
ATTACHMENT 1
 That the site is physically suitable for the type of development, because the site allows residential use based on its General Plan designation, zoning, and physical characteristics through granting of the requested exceptions to Town standards pursuant to the Builder’s Remedy provision of the Housing Accountability Act, CA Gov. Code Section 65589.5 (d). The property is designated Agriculture in the General Plan and is zoned RC, which permits residential use. Its location is surrounded by a residential neighborhood supporting infill development, and the proposed project is designed to respond to site constraints such as topography, access, drainage, and adjacent uses. With the implementation of required site design, landscaping, drainage, and accessibility standards, the site can accommodate the proposed residential development in a manner consistent with applicable Town policies and State housing law through granting incentives, and waivers requested pursuant to the State Density Bonus Law and granting the requested exceptions to the maximum allowable density pursuant to the Builder’s Remedy provisions of the Housing Accountability Act [CA Gov. Code Section 65589.5 (d)].
 That the site is physically suitable for the proposed density of development, with granting of the requested exceptions to Town standards pursuant to the Builder’s Remedy provision of the Housing Accountability Act, CA Gov. Code Section 65589.5 (d), because the proposed project is designed to respond to site constraints such as topography, access, drainage, and adjacent uses.  That the design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage nor substantially and avoidably injure fish or wildlife or their habitat with implementation of the Recirculated Mitigation Monitoring and Reporting Program and the Conditions of Approval.
 That the design of the subdivision and type of improvements is not likely to cause serious public health problems.
 That the design of the subdivision and the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision.
(D) Findings required for Subdivision Map Findings for the Board of Forestry and Fire Protection:

For tentative or parcel maps approved in state responsibility areas (SRA) or very high fire hazard severity zones (VH), the following findings are required to be made to the State Board of Forestry and Fire Protection (14 CCR Section 1266.02):
(1) A finding supported by substantial evidence in the record that the subdivision is consistent with:

ITEM NO. 1.
5 of 10
Draft Resolution August 11, 2026
ATTACHMENT 1
a. Regulations adopted by the State Board of Forestry and Fire Protection pursuant to Sections 4290 and 4291 of the Public Resources Code. The Town’s contracted fire service provider, the Santa Clara County Fire Department, reviewed and
approved the project subject to compliance with California Public Resources Code Sections 4290 and 4291. The Fire
Department approved the applicant’s Alternative Means and Methods Request (AMMR) for a roadway segment less than 20 feet wide serving proposed Lot 10 and a future residence, consistent with 14 CCR Section 1270.06 and subject to
mitigation measures found in the Conditions of Approval. or
b. Consistent with local ordinances certified by the State Board of Forestry and Fire Protection as meeting or exceeding the state regulations.
(2) A finding supported by substantial evidence in the record that structural fire protection and suppression services will be available for the subdivision through any of the following entities:
a. A county, city, special district, political subdivision of the state, or another entity organized solely to provide fire protection services that is monitored and funded by a county or other public entity. The Town of Los Gatos contracts with the Santa Clara County Fire Department to provide fire protection and emergency response services within the Town.
b. The Department of Forestry and Fire Protection by contract entered into pursuant to Section 4133, 4142, or 4144 of the Public Resources Code.
(E) Findings required for compliance with the Zoning Regulations:

The project meets the objective standards of Chapter 29 of the Town Code (Zoning Regulations), with the incentives and waivers requested pursuant to State Density Bonus Law (CA Gov. Code § 65915) and granting of the requested exceptions to Town standards pursuant to the Builder’s Remedy provision of the Housing Accountability Act, CA Gov. Code § 65589.5 (d). (F) Findings required for compliance with the Town of Los Gatos Hillside Development Standards and Guidelines:

The project meets the Town of Los Gatos Hillside Development Standards and Guidelines with the incentives and waivers requested pursuant to State Density Bonus Law (CA Gov. Code § 65915) and granting of the requested exceptions to Town standards pursuant to the Builder’s Remedy provision of the Housing Accountability Act, CA Gov. Code § 65589.5 (d).

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(G) Findings required for compliance with the Town of Los Gatos Hillside Specific Plan:

The project meets the Town of Los Gatos Hillside Specific Plan with the incentives and waivers requested pursuant to State Density Bonus Law (CA Gov.

Code § 65915) and granting of the requested exceptions to Town standards pursuant to the Builder’s Remedy provision of the Housing Accountability Act, CA Gov. Code § 65589.5 (d).
(H) Findings required for granting concession and waivers pursuant to State Density Bonus Law:
(1) Concession(s) or incentive(s): CA Gov. Code § 65915 (d): The Town shall grant concession(s) or incentive(s) requested by the applicant unless the Town makes a written finding, based upon substantial evidence, of any of the following:
(a) The concession or incentive does not result in identifiable and actual cost reductions, consistent with subdivision (k), to provide for affordable housing costs, as defined in Section 50052.5 of the Health and Safety Code, or for rents for the targeted units to be set as specified in subdivision (c).
(b) The concession or incentive would have a specific, adverse impact, as defined in paragraph (2) of subdivision (d) of Section 65589.5, upon public health and safety or on any real property that is listed in the California Register of Historical Resources and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact without rendering the development unaffordable to low-income and moderate-income households.
(c) The concession or incentive would be contrary to state or federal law.
(2) Waivers: CA Gov. Code § 65915 (e):

The Town shall grant waivers to the Town’s development standards requested by the applicant unless the Town makes a written finding, based upon substantial evidence, that the development standard for which the waiver is requested would not physically preclude the construction of the development at the densities and with the concession permitted through Density Bonus Law.
(3) The Town Council finds that none of the bases for denial of the requested incentives/concessions and waivers are present.
(I) Findings required to deny a project under the State Builder’s Remedy Law:

As required by the Housing Accountability Act, CA Gov. Code Section 65589.5 (d), a qualifying housing development project invoking the Builder’s Remedy shall

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not be denied by the Town, or condition approval in a manner that renders the housing development project infeasible, including through the use of design review standards, unless it makes written findings, based on the preponderance of the evidence in the record, as to one of the following:

None of the findings could be made to deny the application. (1) The Town did not have a certified sixth cycle Housing Element by January 31, 2023.
(2) The housing development project would not have a specific, adverse impact on the public health or safety.
(3) The denial of the housing development project or imposition of conditions is not required in order to comply with specific state or federal law. (4) The housing development project is not proposed on land zoned for agriculture or resource preservation that is surrounded on at least two sides by land being used for agricultural or resource preservation purposes, or which does not have adequate water or wastewater facilities to serve the project.
(5) On the date the application for the housing development project was deemed complete, the Town had not adopted a revised Housing Element that was in substantial compliance with CA Gov. Code Section 65589.5 (d) of the Housing Accountability Act, and the housing development project was inconsistent with both the Town’s Zoning Ordinance and General Plan Land Use Designation.
(J) Considerations required in review of Architecture and Site applications:

As required by Section 29.20.150 of the Town Code, the applicable considerations in review of an Architecture and Site application were all made in reviewing this project and the Town Council makes the following required determinations:
(1) The project’s Transportation Analysis evaluates transportation impacts using Vehicle Miles Traveled (VMT), consistent with CEQA Guidelines Section 15064.3, Senate Bill 743, and the Town's VMT significance thresholds adopted by Resolution 2020-045. The analysis found the proposed 12 single-family residences slightly exceed the Total ProjectGenerated VMT significance threshold, requiring a 2.83 percent VMT reduction to achieve a less-than-significant impact. The project does not exceed the Town's Boundary VMT threshold. To mitigate the impact, the project will construct sidewalks 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. These improvements are consistent with the Town's 2020 Bicycle and Pedestrian Master Plan, achieve the required VMT reduction, and reduce the transportation impact to a less-thanPage 18 ITEM NO. 1.
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significant level. The mitigation measures are incorporated into the project's Conditions of Approval.
(2) The project includes a comprehensive approach to site planning, landscaping, architecture, and infrastructure designed to ensure compatibility with surrounding development and compliance with Town standards with granting of the requested exceptions to Town standards pursuant to the Builder’s Remedy provision of the Housing Accountability Act, CA Gov. Code Section 65589.5 (d).
(3) The landscape plan incorporates drought-tolerant, climateappropriate plantings, including trees, shrubs, and groundcover, to enhance visual quality, provide year-round interest, and screen parking, utilities, and service areas. Tree replacement plantings are provided in accordance with Town requirements.
(4) The site layout is designed to respond to site conditions and adjacent residential uses, with building placement and orientation intended to reduce massing impacts, protect privacy, support solar access, and provide functional open space with granting of the requested exceptions to Town standards pursuant to the Builder’s Remedy provision of the Housing Accountability Act, CA Gov. Code Section 65589.5 (d).
(5) Stormwater drainage improvements are incorporated to manage runoff, reduce peak flows, and prevent adverse impacts to neighboring properties in compliance with applicable standards. (6) The architectural design uses coordinated materials, colors, and articulated building forms to ensure compatibility with the surrounding neighborhood.
(7) Site lighting and furnishings are designed to support safety and usability while minimizing visual impacts and reinforcing a cohesive residential character. The project will comply with all applicable accessibility requirements under Title 24 and Town standards. (8) No hazardous waste facilities are proposed.

2. The Town Council of the Town of Los Gatos approves Architecture and Site Applications (S-24-023 through -032 and S-24-059), Subdivision Application (M-24- 013), and Mitigation Negative Declaration Application (ND-25-001) for subdivision of one lot into 12 lots with a Vesting Tentative Map, construction of a new single-family residence on each lot (Lots 1-12), site work requiring a Grading Permit, and removal of large protected trees under Senate Bill 330 (SB330) on vacant property zoned RC located at 178 Twin Oaks Drive subject to the attached Conditions of Approval included as (Exhibit A) and the development plans (Attachment 2, Exhibits 15 through 27) and (Attachment 7, Exhibits 35 and 36).

3. The decision constitutes a final administrative decision pursuant to Code of Civil Procedure section 1094.6 as adopted by section 1.10.085 of the Town Code of the

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Town of Los Gatos. Any application for judicial relief from this decision must be sought within the time limits and pursuant to the procedures established by Code of Civil Procedure section 1094.6, or such shorter time as required by state and federal Law.

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PASSED AND ADOPTED at a special meeting of the Town Council of the Town of Los Gatos, California, held on the 11
th of August 2026, by the following vote:

COUNCIL MEMBERS:

AYES:

NAYS:

ABSENT:

ABSTAIN:

SIGNED:
_______________________________

MAYOR OF THE TOWN OF LOS GATOS

LOS GATOS, CALIFORNIA
ATTEST:
___________________________________

TOWN CLERK OF THE TOWN OF LOS GATOS

LOS GATOS, CALIFORNIA

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 the 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 Building Permits, 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 Building Permits 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 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 Building Permit 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 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 a 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.
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.

11. PUBLIC ART: The applicant shall comply with the requirements of Chapter 25, Article VII of the Town Code. The payment of the Los Gatos Public Art Fund in-lieu fee must be

ITEM NO. 1.
made prior to the issuance of any Building Permit for the development project.

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.

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

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.

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 Building Permit where applicable and shall remain through all phases of construction.

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 Building Permits and shall remain through all phases of construction. Include a tree protection plan with the construction plans.

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.

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.

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 Building Permits. A review fee based on the current fee schedule adopted by the Town Council is required when working landscape and irrigation plans

ITEM NO. 1.
are submitted for review.

22. PROJECT IDENTIFICATION SIGNAGE: Project identification signage on the project site shall be removed within 30 days of final action on the applications.

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.

24. LRV DEED RESTRICTION: Prior to the issuance of a Building Permit, a deed restriction shall be recorded by the applicant with the Santa Clara County Recorder’s Office that requires all exterior colors to be maintained in conformance with the Hillside Development Standards and Guidelines.

25. PROPERTY FENCE: All new fencing shall comply with Town Code Section 29.40.0315 at Building Permit stage, unless an exception is granted by the Community Development Director.

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 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 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

ITEM NO. 1.
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 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

ITEM NO. 1.

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 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 the 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 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 an 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 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

ITEM NO. 1.
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 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, 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 water, repair of water delivery systems, etc.;

ITEM NO. 1.
 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 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 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 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

ITEM NO. 1.
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 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

ITEM NO. 1.
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 the 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 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.

ITEM NO. 1.

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 Building Permit, 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 Building Permit, 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. 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 Building Permit application detailing how the Conditions of Approval will be addressed.

ITEM NO. 1.

54. BUILDING AND SUITE NUMBERS: Submit requests for new building addresses to the Building Division before submitting the Building Permit 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 the 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 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.

ITEM NO. 1.

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 Building Permit:
a. Community Development – Planning Division: (408) 354-6874 b. Engineering/Parks and 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.

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 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 Building Permit 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

ITEM NO. 1.
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 be paid prior to issuance of the first Building Permit.

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 the 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

ITEM NO. 1.
provided to the satisfaction of the Town Engineer prior to the issuance of the first Building Permit.

72. GRADING PERMIT: A Grading Permit 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 Building Permit. The Applicant must submit a Grading Permit application after the appeal period of the entitlement approval process has passed. The Grading Permit 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 Grading Permit, 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 Grading Permit shall be issued prior to the issuance of the Building Permit 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; (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

ITEM NO. 1.
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 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 from Longmeadow Drive to the project entrance. frontage. Prior to overlay, any base

ITEM NO. 1.
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 Building Permit or demolition Building Permit, 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.
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.

ITEM NO. 1.
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.
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.

ITEM NO. 1.
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 the 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.

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 a necessary stamped and signed Traffic Signal Plan with the Improvement Plans.

ITEM NO. 1.

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 Building Permit. Any subsequent Building Permits 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 finished floor elevations of all structures shall be constructed to be reasonably 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 Building Permit.

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

ITEM NO. 1.
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 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 Building Permit issuance. The video of the inspection shall be reviewed with PPW and if 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

ITEM NO. 1.

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 with 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 tests 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.

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 Building Permit 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

ITEM NO. 1.
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.

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

ITEM NO. 1.
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 for 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 Grading or Building Permit, 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.
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 Building Permit 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

ITEM NO. 1.

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 the 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 relevant project Conditions of Approval, include a Maintenance Association and Roadway Maintenance Agreement and shall include language that restricts the 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. 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 benefiting from the private road share equitably 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.

ITEM NO. 1.
109. PLAN DEFICIENCIES: Prior to final map approval, Applicant shall remedy existing plan inconsistencies and deficiencies remaining in entitlement plans. 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. 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.
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.
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 improvements to be repaired or replaced shall be at the direction of 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.
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

ITEM NO. 1.
components, this includes but is not limited to the maintenance and repair responsibility of culverts, bioswales, catch basins, and stormwater infrastructure on site.
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.
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

ITEM NO. 1.

CONDITION, AT THAT TIME
116. PROJECT CONSTRUCTION SETUP: All storage and office trailers will be kept off the public right-of-way.
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.
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. 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. 120. PROJECT CONSTRUCTION SUPERVISION: The Contractor shall always provide a qualified supervisor on the job site during construction.
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.
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 weekdays 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 an Encroachment Permit may be performed on the weekend unless 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.

ITEM NO. 1.
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.
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.
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. 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

ITEM NO. 1.
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.
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. o. The developer is responsible to create a space on-site for all trucks, equipment, personnel trucks, and materials.
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

ITEM NO. 1.
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.
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.
127. DOWNTOWN HOLIDAY CONSTRUCTION MORATORIUM: Due to concerns for business impacts during the holiday season (defined as starting the Monday of 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.
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).
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

ITEM NO. 1.
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.
130. ACCESS EASEMENT: Owner/Applicant is responsible for securing easements necessary for access to Lot 10 and/or utility connection prior to Building Permit review. 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
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 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

ITEM NO. 1.
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. 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.

ITEM NO. 1.
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] 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

ITEM NO. 1.
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 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

ITEM NO. 1.
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, 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

ITEM NO. 1.
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.
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.

ITEM NO. 1.
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 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

ITEM NO. 1.

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 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 Building Permit, 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.

ITEM NO. 1.
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.
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

ITEM NO. 1.

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 Building Permit, 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.
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

ITEM NO. 1.

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. 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 Building 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,

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.
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.
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.

ITEM NO. 1.
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].

S:\COUNCIL REPORTS\2026\08-11-26 Special\178 Twin Oaks Drive\Exhibit A.docx

ITEM NO. 1.

PREPARED BY: Erin M. Walters
Senior Planner
Reviewed by: Planning Manager, Community Development Director, Town Attorney 110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6872 www.losgatosca.gov

TOWN OF LOS GATOS

PLANNING COMMISSION
REPORT
MEETING DATE: 12/17/2025
ITEM NO: 1
DATE: December 12, 2025
TO: Planning Commission
FROM: Joel Paulson, Community Development Director
SUBJECT: 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 Vacant Property Zoned RC. Located at 178 Twin Oaks Drive. APN 532-16-006. 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. An Initial Study and Mitigated Negative Declaration Have Been Prepared. Property Owner/Applicant: Larry Dodge. Project Planner: Erin Walters.

RECOMMENDATION:

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, located at 178 Twin Oaks Drive.

PROJECT DATA:

General Plan Designation: Agriculture
Zoning Designation: RC, Resource Conservation Zone
Applicable Plans & Standards: General Plan; Hillside Development Standards and Guidelines, and Hillside Specific Plan
Parcel Size: 17.55 acres

ITEM NO. 1.

PAGE 2 OF 32
SUBJECT: 178 Twin Oaks Drive, Lots 1-12/S-24-023 to 033, S-24-059, M-24-013, and ND-24-001
DATE: December 12, 2025
Surrounding Area:

CEQA:

In accordance with the California Environmental Quality Act (CEQA), an Initial Study and Mitigated Negative Declaration (MND), Response to Comments, and MND Errata Sheet have been prepared for this project (Exhibit 1, 13 and 14). It has been determined that this project will not have a significant impact on the environment with adoption of the MND and Mitigation Monitoring and Reporting Program (MMRP) in Exhibit 12, to mitigate potential impacts to a less than significant level.

FINDINGS:
▪ As required by CEQA for adopting the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program;
▪ As required that the project is consistent with the General Plan with the incentives and waivers requested pursuant to State Density Bonus Law and granting of the requested exceptions to the maximum allowed density pursuant to the Builder’s Remedy provision of the Housing Accountability Act, CA Gov. Code § 65589.5 (d); ▪ As required by Section 66474 of the Subdivision Map Act with granting of the requested exceptions to Town standards pursuant to the Builder’s Remedy provision of the Housing Accountability Act, CA Gov. Code § 65589.5 (d);
▪ As required for tentative or parcel maps approved in state responsibility areas (SRA) or very high fire hazard severity zones (VH), findings are required to be made to the State Board of Forestry and Fire Protection pursuant to 14 CCR Section 1266.02; ▪ The project meets the objective standards of Chapter 29 of the Town Code (Zoning Regulations) with the incentives and waivers requested pursuant to State Density Bonus Law (CA Gov. Code § 65915) and granting of the requested exceptions to Town standards pursuant to the Builder’s Remedy provision of the Housing Accountability Act, CA Gov. Code § 65589.5 (d);
▪ The project meets the objective standards of the Town of Los Gatos Hillside Development Standards and Guidelines with the incentives and waivers requested pursuant to State Density Bonus Law (CA Gov. Code § 65915) and granting of the requested exceptions to Town standards pursuant to the Builder’s Remedy provision of the Housing Accountability Existing Land Use General Plan Zoning
North Residential/School Hillside Residential HR-1
South Residential Hillside Residential HR-1 and
HR-2-1/2
East Residential Hillside Residential HR-1
West Residential Single-Family Residential R-1:10 and
R:1:12

ITEM NO. 1.

PAGE 3 OF 32
SUBJECT: 178 Twin Oaks Drive, Lots 1-12/S-24-023 to 033, S-24-059, M-24-013, and ND-24-001
DATE: December 12, 2025
Act, CA Gov. Code § 65589.5 (d);
▪ The project meets the objective standards of the Town of Los Gatos Hillside Specific Plan with the incentives and waivers requested pursuant to State Density Bonus Law (CA Gov.

Code § 65915) and granting of the requested exceptions to Town standards pursuant to the Builder’s Remedy provision of the Housing Accountability Act, CA Gov. Code § 65589.5 (d); ▪ As required by State Density Bonus Law for granting a concession or an incentive pursuant to CA Gov. Code § 65915 (d) and for granting waivers pursuant to CA Gov. Code § 65915 (a)(2); and
▪ As required by the Builder’s Remedy provision of the Housing Accountability Act for granting exceptions pursuant to CA Gov. Code § 65589.5 (d).

CONSIDERATIONS:
▪ As required by Section 29.20.150 of the Town Code for granting approval of an Architecture and Site application.

ACTION:

The application includes a Vesting Tentative Map, requiring approval by the Town Council, pursuant to Town Code Section 29.10.020. The Planning Commission will provide a recommendation to the Town Council who will render the final decision on the proposal.

BACKGROUND:

A. Project Site
The subject hillside property is approximately 17.55 acres of vacant land that takes access from Twin Oaks Drive (Exhibit 4). The hillside project site contains scattered oak woodlands, and a small portion of East Ross Creek crosses the project’s farthest southwestern corner through a buried culvert. The site is surrounded by low density or hillside residential properties on all sides, with a partially shared property line with Hillbrook School to the north. The property generally sits east of Twin Oaks Drive, north of Brooke Acres Drive, and southwest of Cerro Vista Court and Cerro Vista Drive. The property has a General Plan designation of Agriculture and is zoned RC, or Resource Conservation.

The property was enrolled in a Williamson Act agricultural preserve contract established in 1975. Following the owner’s April 28, 2015, notice of non-renewal, the standard 10-year non-renewal period commenced. The contract has since expired, and the property is no longer subject to an active Williamson Act contract.

The Preliminary Application under SB 330 was deemed submitted on December 19, 2023, establishing the vesting date for the application. Therefore, the applicant vested to the

ITEM NO. 1.

PAGE 4 OF 32
SUBJECT: 178 Twin Oaks Drive, Lots 1-12/S-24-023 to 033, S-24-059, M-24-013, and ND-24-001
DATE: December 12, 2025
Town’s development standards that were in effect on December 19, 2023. On June 13, 2024, the applicant submitted a formal application, within 180-days of the established vesting date as required by state law. Through the Town’s technical review process, the application was deemed complete on February 5, 2025, within the timelines prescribed by state law.

The applicant seeks approval for the proposed residential project utilizing both the State Density Bonus Law (SDBL) (CA Gov. Code § 65915) and the Builder’s Remedy provisions under the Housing Accountability Act (HAA) [CA Gov. Code § 65589.5 (d)(5)].

The application includes a Vesting Tentative Map, requiring approval by the Town Council, pursuant to Town Code Section 29.10.020. The applicant seeks a recommendation on the development proposal from the Planning Commission to the Town Council, who will render the final decision on the project.

PROJECT DESCRIPTION:

A. Location and Surrounding Neighborhood
The subject hillside property is approximately 17.55 acres of vacant land that takes access from Twin Oaks Drive (Exhibit 4). The site is surrounded by low-density or hillside residential single-family properties on all sides, with a partially shared property line with Hillbrook School to the north. The property generally sits east of Twin Oaks Drive, north of Brooke Acres Drive, and southwest of Cerro Vista Court and Cerro Vista Drive.

B. Project Summary
The applicant proposes to subdivide the site into twelve lots ranging from 0.10 to 5.48 acres (Sheet 2.0 of Exhibit 15). The western slope would be developed with 11 two-story singlefamily residences (eight market-rate and three below-market-rate units), while the eastern portion would remain undeveloped. One additional two-story residence is proposed on the northeastern slope (Lot 10). Access would be provided by a new private cul-de-sac from Twin Oaks Drive, an EVA connection to Brooke Acres Drive, and a separate driveway from Cerra Vista Court for Lot 10. Three of the 12 units (25 percent) would be designated as lowincome Below Market Price (BMP) units, exceeding the minimum affordability requirement under the Builder’s Remedy provisions (Lots 1, 11 and 12).

The applicant submitted a Project Description Letter and Letter of Justification (Exhibit 5) discussing the project. Proposed development plans are included in Exhibits 15 through 27.

ITEM NO. 1.

PAGE 5 OF 32
SUBJECT: 178 Twin Oaks Drive, Lots 1-12/S-24-023 to 033, S-24-059, M-24-013, and ND-24-001
DATE: December 12, 2025
C. Zoning Compliance
The project site’s underlying zoning is RC (Resource Conservation). However, the Housing Accountability Act provides that, if a Builder’s Remedy project is proposed in a General Plan land use designation or zoning district that would not permit the density and unit type proposed by the applicant, the local agency is required to use a General Plan designation and zoning classification that would allow the density and unit count proposed by the applicant. (Gov. Code Section 65589.5(f)(6)(A).) Here, because the applicant is utilizing Builder’s Remedy and not the underlying zoning, the Town has applied the Low Density Residential General Plan land use designation and R-1:10 zoning standards to the project and may only require the project to comply with the objective standards that would have applied in the Low Density Residential General Plan land use designation and R-1:10 zoning district. The R-1:10 zone supports the density proposed by the applicant and is consistent with the existing R-1:10 zoning of the properties located to the west of the subject site.

In addition to one concession requested through SDBL, the applicant requests a number of waivers to Town standards through SDBL. The requested concession and waivers are discussed below. As described above, the Builder's Remedy provision of the HAA specifically prohibits a local agency from relying on inconsistency with zoning and general plan standards as a basis for denial of a qualifying housing development project, and there is no limit on the amount of exceptions requested as a part of a Builder’s Remedy project.

As noted in the Project Description and Letter of Justification (Exhibit 5), there are exceptions to Town Code requirements requested with this application, including not meeting minimum lot size, exceeding the maximum gross floor area, exceeding the maximum building height, and not meeting the minimum required setbacks. Details on the Town Code requirements, requested exceptions, and justification are provided in Exhibit 5.

APPLICABLE LAWS
A. Senate Bill 330
The Housing Crisis Act of 2019, or Senate Bill 330 (SB 330), became effective on January 1, 2020, and will remain in effect until it sunsets on January 1, 2030. SB 330 provides an expedited review process for housing development projects and offers greater certainty for applicants by allowing an optional vesting opportunity through the Preliminary Application process. Submittal of a Preliminary Application allows an applicant to provide a specific subset of information on the proposed housing development ahead of providing the full amount of information required by the Town for a housing development application. Once the Preliminary Application is “deemed submitted” and payment of the permit processing fee is made, a vesting date is established, freezing the applicable fees and development standards that apply to the project while the applicant assembles the rest of the materials

ITEM NO. 1.

PAGE 6 OF 32
SUBJECT: 178 Twin Oaks Drive, Lots 1-12/S-24-023 to 033, S-24-059, M-24-013, and ND-24-001
DATE: December 12, 2025
necessary for a full application submittal. Eligible projects are exempt from discretionary review and must be consistent with objective zoning and design standards. The statute requires that a final decision be made in no more than five public hearings, including appeals. The SB 330 Preliminary Application for this project achieved a vesting date of December 19, 2023.

B. Housing Accountability Act

The HAA is codified at CA Gov. Code § 65589.5. Per Section 65589.5, a local agency can impose objective development standards so long as those standards meet the following criteria:
1) Are appropriate to, and consistent with, meeting the local agency’s share of its Regional Housing Needs Allocation;
2) Are applied to facilitate and accommodate development at the density permitted on the site and proposed by the applicant;
3) Meet the definition of “objective” in that they involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the applicant and the public official.

In addition, no objective standard can be applied if it will render the project “infeasible” (unless the project will have a specific adverse impact on public health or safety and there is no feasible method to mitigate or avoid the impact.) The statute defines “feasible” as capable of being accomplished successfully within a reasonable period, considering economic, environmental, social, and technological factors.

A local agency may not deny, reduce the density of, or make infeasible housing development projects that are affordable to low- or moderate-income households and are consistent with local objective development standards.

In order for a development to qualify for the protections under the HAA it must meet the definition of a “housing development project.” Furthermore, for a project to qualify for the affordable housing protections, it must also meet the definition of “Housing for very low-, low-, or moderate-income households.”
1) What is an eligible housing development project?
Pursuant to CA Gov. Code § 65589.5 (h)(2), a “housing development project” is a use consisting of residential units only, mixed-use developments consisting of residential and non-residential uses with at least two-thirds of the square footage designated for residential use, or transitional or supportive housing. Because the term “units” is plural,

ITEM NO. 1.

PAGE 7 OF 32
SUBJECT: 178 Twin Oaks Drive, Lots 1-12/S-24-023 to 033, S-24-059, M-24-013, and ND-24-001
DATE: December 12, 2025
a development must consist of more than one unit to qualify under the HAA. The development can consist of attached or detached units and may occupy more than one parcel, so long as the development is included in the same development application.

Pursuant to CA Gov. Code § 65589.5 (h)(3), “a housing development affordable to lower- or moderate- income households” means a project that provides either of the following:
• At least 20 percent of the total units shall be sold or rented to lower income households. Lower-income households are those persons and families whose income does not exceed that specified by Health and Safety Code § 50079.5, which is 80 percent of area median income; or
• 100 percent of the units shall be sold or rented to persons and families of moderate income, or persons and families of middle income. Moderate-income households are those persons and families whose incomes are 80 percent to 120 percent of area median income (Health and Safety Code, § 50093.). Middle-income households are those persons and families whose income does not exceed 150 percent of area median income [CA Gov. Code § 65008 subd. (c)].

In addition, the rent or sales prices of the affordable housing that is provided cannot exceed the following:
• For lower-income units, the monthly housing cost does not exceed 30 percent of 60 percent of area median income with adjustments for household size made in accordance with the adjustment factors on which the lower income-eligibility limits are based; or
• For moderate-income units, the monthly housing cost does not exceed 30 percent of 100 percent of area median income with adjustments for household size made in accordance with the adjustment factors on which the moderate-income eligibility limits are based.
2) What are Objective Development Standards?
Pursuant to CA Gov. Code § 65589.5 (f), local agencies are not prohibited from requiring a housing development project to comply with objective, quantifiable, written development standards, conditions, and policies that were in effect at the time of project vesting. Those standards, conditions, and policies must meet the following criteria:
• Be appropriate to, and consistent with, meeting the local agency’s share of its Regional Housing Needs Allocation;

ITEM NO. 1.

PAGE 8 OF 32
SUBJECT: 178 Twin Oaks Drive, Lots 1-12/S-24-023 to 033, S-24-059, M-24-013, and ND-24-001
DATE: December 12, 2025
• Be applied to facilitate and accommodate development at the density permitted on the site and proposed by the development; and
• Meet the definition of “objective.” Objective standards are those that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant and the public official. 3) HAA Provisions Addressing Disapproval of Housing Development Projects Pursuant to Government Code Section 65589.5, the HAA limits, but does not prohibit a local agency from disapproving a housing development project. The HAA defines “disapproval” to include the following:
• A vote to disapprove a housing development project application. • Failure to comply with statutory deadlines for a decision, including, but not limited to:
o 90 days after certification of an environmental impact report pursuant to the California Environmental Quality Act (“CEQA”);
o 60 days from the date of adoption of a negative declaration pursuant to CEQA; or
o 60 days from a determination by the local agency that the project is exempt from CEQA.

The foregoing is a non-exhaustive list of the local agency actions that constitute “disapproval” of a housing development project under the HAA. 4) Ability to Impose Development Conditions
The HAA does not prohibit a local agency from imposing conditions of approval on housing development projects. However, the HAA limits the application of conditions that lower the residential density of the project and, for housing affordable to low- and moderate-income households, would render the project economically infeasible or would have a substantial adverse effect on the viability of the proposed housing, unless specific findings are made and supported by a preponderance of evidence in the record.

The “preponderance of the evidence” standard requires that local agencies weigh the evidence and conclude that the evidence on one side outweighs the evidence on the other side (i.e. 51 percent to 49 percent).
5) Determination of Consistency with Applicable Standards is Based on “Reasonable Person” Standard

ITEM NO. 1.

PAGE 9 OF 32
SUBJECT: 178 Twin Oaks Drive, Lots 1-12/S-24-023 to 033, S-24-059, M-24-013, and ND-24-001
DATE: December 12, 2025
In most cases, courts will uphold an agency’s determination if there is “substantial evidence” to support that determination. “Substantial evidence” means that there is reasonable, adequate evidence in the administrative record to support of the agency’s findings. However, when a project is subject to the HAA, a housing development project will be deemed consistent with local standards if there is substantial evidence that could allow a “reasonable person” to conclude that it is consistent. 6) Application of State Density Bonus Law
The use of a density bonus pursuant to state density bonus law does not constitute a valid basis on which to find a proposed housing development project is inconsistent with local standards. Here, with the use of incentives, concessions, and waivers that are available pursuant to state density bonus law, the project is consistent with Town standards. However, in order to be eligible for these incentives, concessions, and waivers, the applicant must “seek and agree” to build affordable housing. 7) Denial of a Housing Project that is Consistent with Local Standards When a proposed housing development complies with applicable local standards, but the local agency proposes to disapprove the project or to impose a condition that the project be developed at a lower density, the local agency shall adopt written findings supported by a preponderance of the evidence that both of the following conditions exist:
• The housing development project would have a specific, adverse impact upon the public health or safety unless the project is disapproved or approved upon the condition that the project be developed at a lower density; and • There is no feasible method to satisfactorily mitigate or avoid the adverse impact, other than the disapproval of the housing project or the approval of the project upon the condition that it be developed at a lower density. “Feasible” means capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social, and technological factors. 8) Denial or Conditioning of Affordable Housing Affordable to Low- and Moderate-Income Households
The HAA specifies findings that local agencies must make if they wish to deny a housing development project that provides housing affordable to low-or moderate-income households, or condition such a project so as to render it infeasible or have a substantial adverse effect on the viability or affordability of the project. These findings are in addition to the findings described above. Under the version of the HAA that was in effect at the time that the Preliminary Application for this project was submitted, the

ITEM NO. 1.

PAGE 10 OF 32
SUBJECT: 178 Twin Oaks Drive, Lots 1-12/S-24-023 to 033, S-24-059, M-24-013, and ND-24-001
DATE: December 12, 2025
local agency must make one of the following specific findings based upon a preponderance of the evidence:
• The local government has an adopted Housing Element and has met its share of the RHNA in all income categories proposed in the housing development project. • The housing development project would have a specific, adverse impact upon public health or safety and there is no feasible method to mitigate or avoid the impact without rendering the project unaffordable or financially infeasible. • Denial of the housing project or the imposition of conditions is required to comply with specific state or federal law, and there is no feasible method to comply without rendering the project unaffordable to low- and moderate-income households. • The housing development project is proposed on land zoned for agriculture or resource preservation that is either 1) surrounded on two sides by land being used for agriculture or resource preservation; or 2) does not have adequate water or wastewater facilities to serve the housing development project. • The housing development project meets both of the following conditions:
o Is inconsistent with both the zoning ordinance and general plan land use designation as specified in any element of the general plan as it existed on the date the application was deemed complete. This finding cannot be used when the project is inconsistent with one, but is consistent with the other; and o The local government has an adopted Housing Element in substantial compliance with state housing element law. This finding cannot be used when:
▪ The project is proposed for a site identified as suitable or available for very low-, low-, or moderate-income households within the Housing Element and the project is consistent with the specified density identified in the Housing Element; or
▪ The local agency has failed to identify sufficient adequate sites in its inventory to accommodate its RHNA, and the project is proposed on a site identified in any Element of its General Plan for residential use or in a commercial zone where residential uses are permitted or conditionally permitted.

In September 2024, the California State Legislature passed, and the Governor signed into law, Assembly Bill 1893 (AB 1893), which went into effect on January 1, 2025. AB 1893 made revisions to the findings in subsection (d) of Government Code Section 65589.5. However, the applicant for this project has not chosen to invoke the provisions of AB 1893. Therefore, the findings enumerated above are the ones that remain relevant to this project.

ITEM NO. 1.

PAGE 11 OF 32
SUBJECT: 178 Twin Oaks Drive, Lots 1-12/S-24-023 to 033, S-24-059, M-24-013, and ND-24-001
DATE: December 12, 2025
9) Violations of the HAA
If a plaintiff alleges an HAA violation and prevails, the court must issue an order compelling compliance with the HAA in 60 days. The court may also issue an order directing the local agency to approve the project. If the plaintiff prevails, the court awards attorney fees and costs to the plaintiff. If the local agency fails to comply with the order, the court must impose a minimum fine of $10,000 per housing unit.

C. State Density Bonus Law (“SDBL”) - Explanation of Concessions/Incentives and Waivers The applicant is seeking to use SDBL, which is codified at Government Code Sections 65915 through 65918.

The intent of SDBL is to encourage builders and local governments to include low- and moderate-income housing units in proposed developments. Under the statutes, the local authority must grant a density bonus or other specified incentives or concessions to a developer who “seeks and agrees” to build affordable housing.

Concessions and Incentives
So long as the required percentage of affordable housing is provided, a developer may opt to request “concessions and incentives” without seeking the density bonus. A local agency may decline to grant the concessions or incentives only under certain limited circumstances set forth in CA Gov. Code § 65915 (d). Those circumstances are:
1) The concession or incentive does not result in identifiable and actual cost reductions to provide for affordable housing;
2) The concession or incentive would result in a “specific adverse impact . . . upon public health and safety or the physical environment or on any real property that is listed in the California Register of Historical Resources,” which cannot be feasibly mitigated without rendering the development unaffordable to low-income and moderate-income households; or
3) The concession or incentive would be contrary to state or federal law [CA Gov. Code § 65915 (d)(1)(A)-(C)].

Concessions and incentives include the following:
1) Reduction in site development standards;
2) Modifications of zoning or architectural design requirements that exceed state standards;

ITEM NO. 1.

PAGE 12 OF 32
SUBJECT: 178 Twin Oaks Drive, Lots 1-12/S-24-023 to 033, S-24-059, M-24-013, and ND-24-001
DATE: December 12, 2025
3) Approval of mixed-use zoning in conjunction with the project if commercial, office, industrial, or other land uses will reduce the cost of, and are compatible with the development; and
4) Any other regulatory incentive or concession proposed by either party that results in “identifiable and actual cost reductions to provide for affordable housing costs” or to provide for affordable rents [CA Gov. Code 65915 (k)].

Under the SDBL, three incentives or concessions are permitted for projects that include at least 25 percent of the total units for lower income households and pursuant to AB 1893, a Builder’s Remedy project that is also a density bonus project qualifies for two additional incentives or concessions. This applicant is proposing a project with 25 percent of the residential units affordable for lower income households and this is a Builder’s Remedy project, therefore the project is entitled to a total of five incentives or concessions.

The applicant is seeking four incentives, as described below:

Requested Incentives
Not Installing Story Poles and Netting per the Visibility Analysis requirements of the Hillside Development Standards and Guidelines Project wide
Not Providing Sidewalks Project wide
Not Providing Trails Project wide
Not Providing Open Space Easements Project wide
The applicant states that this will result in a cost reduction. Therefore, eliminating this development standard will result in cost savings to help provide the level of affordability proposed.

Waivers of Development Standards
Applicants are eligible for unlimited waivers of development standards when they “seek and agree” to construct affordable housing. This applicant is requesting waivers from the Town’s development standards. A local agency may not apply any development standard that will have the effect of physically precluding the construction of a development “as proposed” so long as it meets the criteria for density bonuses set forth in CA Gov. Code § 65915 (b).

ITEM NO. 1.

PAGE 13 OF 32
SUBJECT: 178 Twin Oaks Drive, Lots 1-12/S-24-023 to 033, S-24-059, M-24-013, and ND-24-001
DATE: December 12, 2025
The applicant is requesting 58 waivers, including the following:

Requested Waivers
Reduced Lot Area Lots 11 and 12
Reduced Setbacks Lots 1, 3, 6, 11, and 12
Exceeding the Maximum Gross Floor Area Lots 4 and 12
Lots 2,3,7,8,9, and 10
Building Outside the Least Restrictive Development
Area (LRDA)
Lots 3,6, and 7
Exceeding Maximum Building Height All Lots
Exceeding Maximum Graded Cut and Fill Depths All Lots
Swimming Pools on Slopes greater than 30 percent Lots 7 and 8 Reduced Guest Parking All Lots
Location of BMP Project wide
Comparable Bed/Bath Size of BMPs Project wide
The waivers are described in greater detail in the sections that follow.

D. Housing Accountability Act - Builder’s Remedy
The California Legislature adopted the Housing Accountability Act (HAA) to "significantly increase the approval and construction of new housing for all economic segments of California's communities by meaningfully and effectively curbing the capability of local governments to deny, reduce the density for, or render infeasible housing development projects" [CA Gov. Code § 65589.5 (a)(2)(K)]. It is the policy of the state that the HAA "be interpreted and implemented in a manner to afford the fullest possible weight to the interest of, and the approval and provision of, housing" [Gov. Code § 65589.5 (a)(2)(L)]. The "Builder's Remedy" provision of the HAA specifically prohibits a local agency from relying on inconsistency with zoning and general plan standards as a basis for denial of a qualifying housing development project unless the agency has adopted a sixth cycle housing element in substantial compliance with state law by January 31, 2023. The Town’s sixth cycle housing element was certified by the California Department of Housing and Community Development (HCD) on July 10, 2024. The Preliminary Application for this project achieved a vesting date of December 19, 2023, prior to certification of the Town’s Housing Element.

Therefore, the project qualifies as a Builder's Remedy project and the applicant has invoked the provisions of Builder’s Remedy with this proposed project.

ITEM NO. 1.

PAGE 14 OF 32
SUBJECT: 178 Twin Oaks Drive, Lots 1-12/S-24-023 to 033, S-24-059, M-24-013, and ND-24-001
DATE: December 12, 2025
The applicant is invoking the following through Builder’s Remedy:

Requested Exceptions through Builder’s Remedy
General Plan Designation Project wide
Zoning Designation Project wide
Density Project wide
The applicant seeks to invoke the Builder’s Remedy provisions, thereby permitting the project to move forward despite non-conformance with the existing General Plan designation, zoning regulations, and established density thresholds, as discussed in greater detail in the sections that follow.

DISCUSSION:

A. General Plan and Zoning Consistency
The proposed twelve-lot single-family residential subdivision is not consistent with the site’s current General Plan land use designation of Agriculture. The Agriculture designation does not permit the type or intensity of residential development proposed. Additionally, the proposed twelve-lot single-family residential subdivision is not consistent with the site’s current zoning designation of RC, or Resource Conservation. Residential development in the RC zone is limited to s single-family dwelling, provide that there is not more than one (1) principal residential structure on a lot.

The project is being processed under the Builder’s Remedy provisions of the HAA. Under these provisions, local agencies are prohibited from denying a qualifying housing development project solely on the basis of inconsistency with zoning or General Plan standards. Additionally, the HAA does not establish a limit on the number or extent of exceptions that may be requested for a qualifying Builder’s Remedy project. However, because the applicant is utilizing Builder’s Remedy and not the underlying zoning, the Town has applied the R-1:10 zoning standards to the project.

B. Hillside Overlay Zone and Hillside Specific Plan
The site is located within the Hillside Overlay Zone and is subject to the objective standards of the Town’s Hillside Development Standards and Guidelines (HDS&G). Approximately

10.40 acres of the 17.55-acre project site are located in Sub-Area 2 (Shannon-Kennedy Roads) of the Town’s Hillside Specific Plan (Sheet 2.2 of Exhibit 12).

ITEM NO. 1.

PAGE 15 OF 32
SUBJECT: 178 Twin Oaks Drive, Lots 1-12/S-24-023 to 033, S-24-059, M-24-013, and ND-24-001
DATE: December 12, 2025
C. Subdivision and Site Design
The applicant requests approval of a Vesting Tentative Map to subdivide the project site into 12 residential hillside lots ranging in size from approximately 0.10 acres to 5.48 acres (Sheet 2 of Exhibit 15). The eastern portion of the site would remain undeveloped to preserve existing topography and natural features, while the western slope would be developed with eleven two-story single-family residences. A two-story single-family residence is proposed on the northeastern slope of the hillside (Lot 10) (Exhibit 25).

Lot Size
Under the Town’s applied R-1:10 zone, pursuant to Zoning Code Section 29.40.395, the minimum lot area is 10,000 square feet. The proposed gross lot size for each lot is provided in the table below.

Proposed Lot Sizes
Min. Lot Size s.f. per Applied R-1:10 Zone Gross Lot Size s.f.

Lot 1 (BMP) 10,000 21,659
Lot 2 10,000 34,485
Lot 3 10,000 23,931
Lot 4 10,000 25,686
Lot 5 10,000 36,842
Lot 6 10,000 33,979
Lot 7 10,000 51,367
Lot 8 10,000 213,486
Lot 9 10,000 74,265
Lot 10 10,000 238,899
Lot 11 (BMP) 10,000 4,785
Lot 12 (BMP) 10,000 4,785
The proposed Lots 11 and 12, do not meet the 10,000-square foot minimum lot size for the R-1:10 zone pursuant to Town Code. The applicant requests relief from the minimum lot size standard through a waiver under the SDBL (CA Gov. Code § 65915), which allows modifications of development standards that would otherwise physically preclude construction of the project. The applicant further asserts that the project may utilize an exception under the Builder’s Remedy provisions of the HAA [CA Gov. Code § 65589.5 (d)(5)]. Additional information and justification for this request are provided in the applicant’s Project Description and Letter of Justification (Exhibit 5).

ITEM NO. 1.

PAGE 16 OF 32
SUBJECT: 178 Twin Oaks Drive, Lots 1-12/S-24-023 to 033, S-24-059, M-24-013, and ND-24-001
DATE: December 12, 2025
Access and Circulation
Primary access to the subdivision would be provided by a 24-foot-wide private street with a cul-de-sac connecting to Twin Oaks Drive and linking to the internal roadway system serving the development. The cul-de-sac would follow the slope transition between the western portion of the site and the steeper eastern hillside. A 20-foot-wide Emergency Vehicle Access (EVA) would extend south from the site to Brooke Acres Drive, providing secondary emergency access consistent with Fire Department standards (Sheet 2 of Exhibit 15). A separate private driveway extending from Cerro Vista Court would provide individual access to Lot 10.

Sidewalks
The proposed subdivision does not provide sidewalks, a walkway, or a path with the proposed private cul-de-sac street.

Pursuant to Town Code Sections 24.50.065 and 29.10.06712, sidewalks shall be constructed on all streets and highways within a subdivision; except, that in land being subdivided into lots twenty thousand (20,000) square feet or more in size, sidewalks may be omitted. In hillside subdivisions, a walkway or path shall be constructed on one (1) side of the street or highway, subject to the approval of the Town Engineer and the advisory agency.

The applicant has requested an incentive under SDBL (CA Gov. Code § 65915) to waive the requirement. The applicant must demonstrate that the requested incentive provides a specific benefit to the project and results in measurable cost savings or facilitates development of affordable units. Additional justification for this request is provided in the applicant’s Project Description and Letter of Justification (Exhibit 5).

Trails
The proposed subdivision does not provide trail easement dedication or the construction of trails as required by the HDS&G, Chapter VII. Subdivisions and Planned Development Projects, E. Development Standards and Guidelines, 5. Trails. Standard a, and the Hillside Specific Plan, Chapter 4.0, Open Space, Section 4. Implementation, 6. Trails. The project site is located in the County and Los Gatos Trails Plan.

The applicant has requested an incentive under SDBL (CA Gov. Code § 65915) to waive the requirement. The applicant must demonstrate that the requested incentive provides a specific benefit to the project and results in measurable cost savings or facilitates development of affordable units. Additional justification for this request is provided in the applicant’s Project Description and Letter of Justification (Exhibit 5).

ITEM NO. 1.

PAGE 17 OF 32
SUBJECT: 178 Twin Oaks Drive, Lots 1-12/S-24-023 to 033, S-24-059, M-24-013, and ND-24-001
DATE: December 12, 2025
Open Space Easement
The proposed subdivision does not provide open space easements as required by the 2040 General Plan and the Hillside Specific Plan.

Pursuant to the Open Space, Parks, and Recreation Element of the 2040 General Plan, OSPR- 2.3, Hillside Open Space Dedication: In all hillside subdivisions, the dedication of open space in fee or as an easement shall be required to protect unique natural features, habitats, and movement corridors.

Pursuant to the Hillside Specific Plan, Chapter 4.0, Open Space, Policies 4.3, 1. Open Space Easements: Open space easements shall be required by the deciding body for hillside subdivisions in accordance with the topographical, ecological, aesthetic, and other conditions pertinent to the making of such easements.

Pursuant to the Hillside Specific Plan, Chapter 4.0, Open Space, Section 4.4 Implementation,

1. Open Space Easements: Open space easement policies shall be implemented for each subdivision or Planned Development application to protect creeks, ridgelines, stands of trees, scenic views, hazardous areas, and to provide for trails.

The applicant has requested an incentive under SDBL (CA Gov. Code § 65915) to waive the requirement. The applicant must demonstrate that the requested incentive provides a specific benefit to the project and results in measurable cost savings or facilitates development of affordable units. Additional justification for this request is provided in the applicant’s Project Description and Letter of Justification (Exhibit 5).

Staff is unable to make the findings necessary to grant the incentive, as providing open space easements on the proposed properties would not result in a specific project benefit, measurable cost savings, or facilitate the development of affordable units. A Condition of Approval has been included for Lots 2, 7, 8, 9, and 10 requiring that, prior to recordation of the vesting map, open space easements shall be established to protect unique natural features, habitats, and movement corridors on the property (Exhibit 3).

D. Architecture and Site Analysis
The project proposes the construction of twelve two-story single-family residences on twelve individual lots. Lots 1, 11, and 12 are BMP units and the remaining residences are market-rate units (Exhibits 16 through 27). The unit types include three, five, and six bedrooms with multiple-floor plans. A Project Description Letter and Letter of Justification discussing the project are included as Exhibit 5. The residences range in size from 1,614 square feet to 6,156 square feet. The BMP units propose two-car garages, and the market rate units propose a three-car garage. The table on the following page summarizes the

ITEM NO. 1.

PAGE 18 OF 32
SUBJECT: 178 Twin Oaks Drive, Lots 1-12/S-24-023 to 033, S-24-059, M-24-013, and ND-24-001
DATE: December 12, 2025
proposed floor area; maximum allowable floor area for the residence and garage per the applied R-1:10 zone and Hillside Overlay Area; total number of bedrooms and bathrooms; and floor plan type.

Floor Area
Gross
Lot Size
s.f.

Average
Slope %
Net
Lot Size
s.f.

Max FAR
Residence
s.f.

Proposed
Residence
s.f.

Max FAR
Garage
s.f.

Proposed
Garage
s.f.

Bed/Bath Plan
Type
Lot 1* 21,659 6.25 21,659 4,700 1,614 1,157 467 3/2½ D
Lot 2 34,485 4.24 34,485 6,000 6,574 400 653 5/5½ B
Lot 3 23,931 15.22 19,039 4,531 6,574 1,156 653 5/5½ B
Lot 4 25,686 13.13 21,509 4,689 5,593 1,157 694 6/6½ A
Lot 5 36,842 8.2 36,842 6,000 5,593 400 694 6/6½ A
Lot 6 33,979 14.98 27,196 6,000 5,593 400 694 6/6½ A
Lot 7 51,367 25.72 27,142 6,000 6,156 400 775 5/5 and 2 half baths
C
Lot 8 213,486 33.84 85,394 6,000 6,156 400 775 5/5 and 2 half baths
C
Lot 9 74,265 21.40 48,866 6,000 6,156 400 775 5/5 and 2 half baths
C
Lot 10 238,899 29.36 100,146 6,000 6,156 400 775 5/5 and 2 half baths
C
Lot 11* 4,785 8.21 4,785 1,694 1,614 400 467 3/2½ D
Lot 12* 4,959 11.18 4,346 1,569 1,614 400 467 3/2½ D
* BMP Units
The proposed project would exceed the maximum allowed Floor Area Ratio (FAR) for residences on Lots 2, 3, 4, 7, 8, 9, 10, and 12 per the applied R-1:10 zoning standards.

Pursuant to Town Code Section 29.40.075 for lots less than 30,000 square feet, Lots 4 and 12 exceed the maximum allowable FAR. Pursuant to the HDS&G, Chapter IV. Development Intensity, A. Maximum Allowable Development, Lots 2, 3, 7, 8, 9, and 10 exceed the maximum allowable FAR. Lots 1, 5, and 6 would meet the maximum allowable FAR.

The applicant requests to exceed the maximum allowable FAR through a waiver under SDBL (CA Gov. Code § 65915), which allows modifications of development standards that would otherwise physically preclude construction of the project. The applicant further asserts that the project may utilize an exception under the Builder’s Remedy provisions of the HAA [CA Gov. Code § 65589.5 (d)(5)]. Additional information and justification for this request are provided in the applicant’s Project Description and Letter of Justification (Exhibit 5).

ITEM NO. 1.

PAGE 19 OF 32
SUBJECT: 178 Twin Oaks Drive, Lots 1-12/S-24-023 to 033, S-24-059, M-24-013, and ND-24-001
DATE: December 12, 2025
E. Building Design
The project proposes four different building models. The proposed two-story BMP homes located on Lots 1, 11, and 12 are modest in scale and designed in a traditional architectural style consistent with the surrounding neighborhood. All three BMP homes, Building Type D, are similar in scale and appearance (Sheet A2.1 of Exhibits 16, 26, and 27).

The proposed two-story market-rate homes on Lots 2 and 3 are located along the southern edge of the existing neighborhood. These two-story homes have smaller footprints compared to the homes on Lots 4 through 10 and have articulated massing with varied roof forms. The two homes, Building Type B, are similar in scale and appearance (Sheets A2.1 and A2.2 of Exhibits 17 and 18).

The proposed two-story market-rate homes on Lots 4, 5, and 6 are adjacent to the R-1:10 zoned residential properties to the west. These homes are primarily one story with a limited second-story element. Colors and materials reflect natural tones consistent with the California Ranch and Mediterranean styles in the neighborhood. The three homes, Building Type A, are similar in scale and appearance (Sheets A2.1 and A2.2 of Exhibits 19, 20, and 21).

The proposed two-story market-rate homes on Lots 7 and 10 are sited on slopes of approximately 20 percent, the homes are sited on terraced graded pads that follow the existing contours and avoid ridgelines, major trees, and natural features. A riparian corridor with an ephemeral drainage and swale separate Lots 8 and 9. Building forms and rooflines parallel the hillside, with stone bases and darker natural materials that blend with the hillside and meet the requirements of the HDS&G color and light reflectivity value (LRV) requirements. The four homes, Building Type C and D, are similar in scale and appearance (Sheets A2.1 and A2.2 Exhibits 22, 23, 24, and 25).

Exterior materials of the homes include weathered and stained cedar vertical siding, sand stucco with stone veneer accents, concrete flat tile roof, painted metal railings, fiberglass windows, and metal garage doors. A condition of approval has been included in Exhibit 3 requiring each home to record a Deed Restriction regarding meeting the HDS&G LRV and color requirements.

Review by the Town’s Consulting Architect is typically required for Architecture and Site applications. For this application, it should be noted that the feedback provided by the Consulting Architect is subjective in nature and should not be used as the basis for a decision since the Town’s review is limited to objective standards only, pursuant to SB 330 and Builder’s Remedy.

ITEM NO. 1.

PAGE 20 OF 32
SUBJECT: 178 Twin Oaks Drive, Lots 1-12/S-24-023 to 033, S-24-059, M-24-013, and ND-24-001
DATE: December 12, 2025
The Town’s Consulting Architect reviewed the proposed project and provided feedback and recommendations for each of the twelve homes (Exhibit 6). The applicant submitted a letter responding to these recommendations and summarizing design changes that were made (Exhibit 7).

F. Height
Pursuant to Town Code, building height is measured from the natural or finished grade, whichever is lower and creates a lower profile. The project proposes the addition of fill to create building pads which increases the overall height of the buildings per Town Code. The proposed two-story building heights for the single-family homes range from 27 feet, fourinches to 40 feet, 10-inches. The maximum allowable building height for residences located within the Hillside Overlay Zone is of 18 feet if the building is visible per the HDS&G or 25 feet the building is not visible. See Visibility discussion below. The proposed building heights are summarized in the table on the following page.

Building Height
Proposed Height
Lot 1* 27 ft. – 7 in.

Lot 2 32 ft. – 6 in.

Lot 3 38 ft. – 0 in.

Lot 4 37 ft. – 3 in.

Lot 5 40 ft. – 10 in.

Lot 6 33 ft. – 10 in.

Lot 7 27 ft. – 6 in.

Lot 8 27 ft. – 6 in.

Lot 9 27 ft. – 6 in.

Lot 10 27 ft. – 6 in.

Lot 11* 27 ft. – 8 in.

Lot 12* 27 ft. – 4 in.
* BMP Units
All twelve of the two-story homes exceed the maximum allowable building height of 25 feet pursuant to the HDS&G, E. Building Height, Standards 1 and 2.

The applicant requests to exceed the maximum allowable height through a waiver under SDBL (CA Gov. Code § 65915), which allows modifications of development standards that would otherwise physically preclude construction of the project as proposed. The applicant further asserts that the project may utilize an exception under the Builder’s Remedy provisions of the HAA [Government Code § 65589.5 (d)(5)]. Additional information and

ITEM NO. 1.

PAGE 21 OF 32
SUBJECT: 178 Twin Oaks Drive, Lots 1-12/S-24-023 to 033, S-24-059, M-24-013, and ND-24-001
DATE: December 12, 2025
justification for this request is provided in the applicant’s Project Description and Letter of Justification (Exhibit 5).

G. Visibility Analysis
The HDS&G require that residential projects located within the Hillside Overlay Zone prepare a Visibility Analysis to determine whether a residence is visible from any of the Town’s established viewing areas. A residence is considered visible if 24.5 percent or more of an elevation can be seen from any of the established viewing areas. Section B. of Chapter II of the HDS&G outlines the required methodology, including the use of story poles and netting to conduct the analysis. The applicant submitted an informal visibility analysis (Sheet G6 of Exhibit 15) concluding that the proposed homes would not be visible, allowing a maximum building height of 25 feet. However, the applicant’s analysis did not follow the HDS&G methodology, as story poles and netting were not installed.

The applicant has requested an incentive under SDBL (CA Gov. Code § 65915) to waive the requirement. The applicant must demonstrate that the requested incentive provides a specific benefit to the project and results in measurable cost savings or facilitates development of affordable units. Additional justification for this request is provided in the applicant’s Project Description and Letter of Justification (Exhibit 5).

H. Lot Coverage
Pursuant to Town Code Section 29.10.415, the maximum building coverage on a lot in the R-1 or single-family residential zone, including any type of accessory building, is 40 percent.

All twelve lots comply with the lot coverage requirements of the R-1:10 zone.

I. Setbacks
Pursuant to Town Code Section 29.40.405, the minimum front yard setback is 25 feet, the minimum side yard setback is 10 feet, and the minimum rear yard setback is 20 feet for the R-1:10 zone. The proposed setbacks are summarized on the following page.

ITEM NO. 1.

PAGE 22 OF 32
SUBJECT: 178 Twin Oaks Drive, Lots 1-12/S-24-023 to 033, S-24-059, M-24-013, and ND-24-001
DATE: December 12, 2025
Proposed Setbacks
Applicant
Applied
Zone
Front
(Min. 25 ft.)
Side
(Min. 10 ft.)
Side
(Min. 10 ft.)
Rear
(Min. 20 ft.)
Lot 1* R-1:10 37.21 5 122 39.4
Lot 2 R-1:10 46.2 100 25.9 23.8
Lot 3 R-1:10 39.36 8.48 54.8 44.1
Lot 4 R-1:10 36.57 15 33.4 41.7
Lot 5 R-1:10 32.33 56.75 26.7 32.7
Lot 6 R-1:10 40.42 29.17 41.6 19.8
Lot 7 R-1:10 113.09 123.19 38.92 96.18
Lot 8 R-1:10 99.18 47.7 36.25 400
Lot 9 R-1:10 70.66 20.2 79.5 118.7
Lot 10 R-1:10 77.92 32.04 345.6 116.4
Lot 11* R-1:10 52.24 5 5 39.7
Lot 12* R-1:10 56.27 5 5 44.6
* BMP Units
All twelve lots meet the front setback requirement; however, Lots 1, 3, 11, and 12 do not meet the side setback requirement, and Lot 6 does not meet the rear setback requirement.

The applicant requests to exceed the minimum setback requirements through a waiver under the State Density Bonus Law (CA Gov. Code § 65915), which allows modifications of development standards that would otherwise physically preclude construction of the project. The applicant further asserts that the project may utilize an exception under the Builder’s Remedy provisions of the HAA [CA Gov. Code § 65589.5 (d)(5)]. Additional information and justification for this request are provided in the applicant’s Project Description and Letter of Justification (Exhibit 5).

J. Parking
The proposed project complies with the Town Code Section 29.10.150 (c)(1) by providing two parking spaces per single family residence. However, the project does not comply with the Hillside Specific Plan, Chapter 3.0, Circulation, Section 3.4 Implementation, Item 15, which requires not less than four additional on-site guest parking spaces where roadways are not designated to permit parking. The proposed parking is summarized on the following page.

ITEM NO. 1.

PAGE 23 OF 32
SUBJECT: 178 Twin Oaks Drive, Lots 1-12/S-24-023 to 033, S-24-059, M-24-013, and ND-24-001
DATE: December 12, 2025
Proposed Parking Spaces
Garage Guest Total
Provided
Total
Required
Lot 1* 2 0 2 6
Lot 2 2 2 4 6
Lot 3 2 2 4 6
Lot 4 2 1 (garage) 3 6
Lot 5 2 1 (garage) 3 6
Lot 6 2 2 4 6
Lot 7 2 2 4 6
Lot 8 2 2 4 6
Lot 9 2 2 4 6
Lot 10 2 0 2 6
Lot 11* 2 0 2 6
Lot 12* 2 0 2 6
* BMP Units
All twelve lots do not meet the Hillside Specific Plan requirement for on-site guest parking.

The applicant requests relief from the guest parking requirements through a waiver under SDBL (CA Gov. Code § 65915), which allows modifications of development standards that would otherwise physically preclude construction of the project. The applicant further asserts that the project may utilize an exception under the Builder’s Remedy provisions of the HAA [CA Gov. Code § 65589.5 (d)(5)]. Additional information and justification for this request is provided in the applicant’s Project Description and Letter of Justification (Exhibit 5).

K. Least Restrictive Development Area (LRDA)
Each development application subject to the HDS&G shall be accompanied by a constraints analysis when it is deemed necessary by the Town to identify the most appropriate area or areas on the lot for locating buildings given the existing constraints of the lot. When all constrained areas have been identified and mapped, the remaining area(s) will be designated as the LRDA. These are the areas most appropriate for development, including topography, with emphasis on slopes over 30 percent. Pursuant to the HDS&G, Chapter II, Constraints Analysis and Site Selection, A. Prior to Selecting a Building Site, Standard 1.

Constraints Analysis, the buildings proposed on Lots 3, 6, 7, and 9 are located on slopes over 30 percent, outside of the LRDA.

The applicant requests to build outside the LRDA requirement through a waiver under SDBL (CA Gov. Code § 65915), which allows modifications of development standards that would otherwise physically preclude construction of the project. The applicant further asserts that

ITEM NO. 1.

PAGE 24 OF 32
SUBJECT: 178 Twin Oaks Drive, Lots 1-12/S-24-023 to 033, S-24-059, M-24-013, and ND-24-001
DATE: December 12, 2025
the project may utilize an exception under the Builder’s Remedy provisions of the HAA [CA Gov. Code § 65589.5 (d)(5)]. Additional information and justification for this request are provided in the applicant’s Project Description and Letter of Justification (Exhibit 5).

L. Swimming Pools
The swimming pools proposed on Lots 7 and 8 are located on slopes greater than 30 percent, which is prohibited per the HDS&G. The HDS&G, Chapter VI. Site Elements, Pools, Standard 3 states, “due to topographic constraints, not every lot will be able to accommodate a pool or sport court. Swimming pools and sport courts are prohibited on slopes greater than 30 percent.”
The applicant requests relief from this requirement through a waiver under SDBL (CA Gov.

Code § 65915), which allows modifications of development standards that would otherwise physically preclude construction of the project. The applicant further asserts that the project may utilize an exception under the Builder’s Remedy provisions of the HAA [CA Gov.

Code § 65589.5 (d)(5)]. Additional information and justification for this request are provided in the applicant’s Project Description and Letter of Justification (Exhibit 5).

Staff is unable to make the findings to grant the waiver as the location of the pools would not physically preclude the construction of the project. A Condition of Approval has been included for Lots 7 and 8 requiring that, prior to issuance of a building permit, the proposed location of the swimming pools be modified to ensure that the pool locations are located on slopes less than 30 percent (Exhibit 3).

M. Grading and Drainage
The project proposes 10,878 cubic yards (CY) of soil to be exported and 21,082 CY to be imported to construct the twelve house pads, private cul-de-sac road, private driveways, Emergency Vehicle Access Road (EVA), and associated landscaping.

Maximum Graded Cut and Fill
The proposed subdivision improvements and each of the 12 lot improvements exceed the maximum allowable graded cut and/or fill depth standard of the HDS&G, Chapter III. Site Planning, A. Grading, Standards 1. The maximum graded cut and fill tables are located grading sheets of each plan set (Sheet 3.0 of Exhibit 16 through 27). The applicant requests relief from the maximum graded cut and fill requirements through a waiver under SDBL (CA Gov. Code § 65915), which allows modifications of development standards that would otherwise physically preclude construction of the project. The applicant further asserts that the project may utilize an exception under the Builder’s Remedy provisions of the HAA [CA

ITEM NO. 1.

PAGE 25 OF 32
SUBJECT: 178 Twin Oaks Drive, Lots 1-12/S-24-023 to 033, S-24-059, M-24-013, and ND-24-001
DATE: December 12, 2025
Gov. Code § 65589.5 (d)(5)]. Additional information and justification for this request are provided in the applicant’s Project Description and Letter of Justification (Exhibit 5).

Drainage
A majority of the proposed lots would function as individual drainage management areas (DMAs) (Sheet 5.0 of Exhibits 16-27). Lots 1, 11, and 12 would combine into one DMA, while the undeveloped area and roadways would form additional DMAs. Stormwater runoff from each DMA would be directed to an associated bioretention area for treatment. Lots 1 through 4 and Lots 7 through 10 have individual bioretention areas and Lots 5 and 6 have shared bioretention areas. Biorientation basins would be sized and designed to meet the Town’s C.3 Stormwater Standards, and internal roadways would use pervious pavement to promote infiltration. Treated stormwater would be discharged to the existing 27- and 36- inch storm drains located north and west of the site.

N. Fire Access
The subject parcel is located in the High Fire Hazard Zone per the adopted June 2025 Fire Hazard Severity Zones Map. However, the project was vested per SB 330 prior to the adoption of the June 2025 Fire Hazard Severity Zones Map. The site was previously located in the Very High Fire Hazard Severity Zones (VHFHSZ) of the Local Responsibility Area (LRA) and is therefore subject to the July 1, 2021, California Public Resource Code 4290 (PRC 4290) requirements. PRC 4290 requirements require modifications to the width of existing roads, existing road surfaces, fire truck turnarounds, and the lengths of dead-end roads. An Alternative Materials, Methods of Construction, or Modification of Code (AMMR) was approved by the Santa Clara County Fire Department (SCCFD) for Lot 10 to meet the PRC 4290 requirements to mitigate deficiencies of the required 20-foot roadway width on a 10- foot in length segment of roadway on Cerro Vista Drive. In order to mitigate the noncompliant roadway width, the approved AMMR requires an upgraded sprinkler system for the proposed residence at Lot 10. The recommended Conditions of Approval (Exhibit 3) include roadway and other improvements for fire safety that will be required as a result of this coordination with the SCCFD.

O. Tree Impacts
The project site is composed of a mixed oak woodland, portions of which would be impacted by the proposed development. To determine whether trees proposed for removal qualify for protection under the Town’s Tree Protection Ordinance, an Arborist Report was prepared by the applicant’s arborist, McClintock Landscape Horticultural Services (Exhibit 8). Through the site tree survey, the Arborist Report identified 673 on-site trees measuring four inches or greater in diameter at breast height (DBH), representing 26 species. Of these, 630 trees were determined to be protected under the Town’s Tree Protection Ordinance.

ITEM NO. 1.

PAGE 26 OF 32
SUBJECT: 178 Twin Oaks Drive, Lots 1-12/S-24-023 to 033, S-24-059, M-24-013, and ND-24-001
DATE: December 12, 2025
The Tree Mitigation and Protection Plan prepared for the proposed project denotes a total of 223 protected trees to be removed, which includes 12 large protected trees.

To comply with the Town’s tree replacement requirements, a total of 551 replacement trees would need to be planted on-site. The schematic planting plan proposes planting 85 replacement trees, which does not satisfy the on-site replacement requirements (Sheet T-1 of Exhibit 15). The applicant has the option to request in-lieu payment for any required replacement trees that cannot be accommodated on site.

The applicant submitted an arborist report for peer review by the Town’s Consulting Arborist. Following the review, the revised arborist report from the applicant was confirmed to meet the Town’s requirements by the Consulting Arborist (Exhibit 9). If the project is approved, tree protection measures would be implemented prior to construction and maintained for the duration of construction activity. Arborist recommendations for tree protection, as well as compliance with the Town’s Tree Protection Ordinance, are included in the Conditions of Approval (Exhibit 3).

P. Public Health and Safety Standards
During the Town’s review process, the Town’s Planning, Building, and Parks and Public Works staff, as well as the Santa Clara County Fire Department, reviewed the application for compliance with applicable objective standards. Although exceptions pursuant to Builder’s Remedy and SDBL incentives and waivers are requested for some of the design and density standards, the proposed application was reviewed and deemed consistent with applicable public health and safety standards with the inclusion of the recommended conditions of approval in Exhibit 3, if approved by the Town Council.

As a part of the Initial Study and MND prepared for this application (Exhibit 1), the project was reviewed for CEQA compliance on a number of required topics, including the following which are related to public health and safety: Air Quality; Geology and Soils; Greenhouse Gas Emissions; Hazards and Hazardous Materials; Hydrology and Water Quality; Noise; Public Services; Transportation, including review on whether the project would result in inadequate emergency access; Utilities and Service Systems; and Wildfire. As described in the CEQA Determination section of this report below, it was determined that the project would not result in a significant impact in any of the categories either as proposed or with the inclusion of mitigation measures. Each of these mitigation measures are included in the Conditions of Approval in Exhibit 3.

Specifically for transportation, a Transportation Assessment was prepared by TJKM Transportation Consultants (Exhibit 1, Appendix H) for the proposed project. As noted in the memorandum, the assessment replaces LOS with Vehicle Miles Traveled (VMT) as the metric for conducting transportation analyses pursuant to CEQA and establishing the thresholds of significance to comply with Senate Bill 743 (Resolution 2020-045). Consistent

ITEM NO. 1.

PAGE 27 OF 32
SUBJECT: 178 Twin Oaks Drive, Lots 1-12/S-24-023 to 033, S-24-059, M-24-013, and ND-24-001
DATE: December 12, 2025
with State CEQA Guidelines Section 15064.3, the Town of Los Gatos has adopted the following thresholds of significance to guide in determining when a land use project will have a significant transportation impact. First, Total Project Generated VMT, where a significant impact would occur if the total VMT per service population for the project would exceed a level of 11.3 percent below the total VMT per service population for the Town of Los Gatos baseline conditions. Second, Project’s Effect on VMT/Boundary VMT, where a significant impact would occur if the project increases the total (boundary) County-wide VMT by 6.5 percent compared to baseline conditions.

Using the VTA Model and based on the inputs of 12 single-family dwelling units and a population of 31, the VMT with project is slightly over the threshold. As a result, the project would need to mitigate roughly 2.83 percent of its VMT to be considered insignificant. To achieve this, the following mitigation measures were selected:

Measure 1: Construct sidewalk along the north side of Blossom Hill Road between Regent Drive and Union Avenue.

Measure 2: Construct sidewalk along the north side of Fisher Avenue between Mitchell Avenue and Roberts Road.

These measures are consistent with the Town’s 2020 Bicycle and Pedestrian Master Plan and are expected to achieve the required VMT reduction of 2.83 percent and reduce the project's VMT impact to a less-than-significant level. This mitigation measure is included in the Conditions of Approval in Exhibit 3.

Q. Density
The site’s underlying RC zoning allows a maximum density of one dwelling unit per 20 acres (0.05 du/acre), while the proposed project would provide 12 units, or approximately 0.68 du/acre. The applicant has invoked the Builder’s Remedy and does not intend to rezone the site; therefore, the Town has applied R-1:10 standards. The General Plan Land Use designation corresponding to the R-1:10 zoning is Low-Density Residential (0–5 du/acre), which would allow the site to accommodate up to 87 units.

R. Below Market Price (BMP) Units
The proposed project proposes a total of 12 units, three of which would be designated as affordable units (25 percent). The BMP units will be restricted to those low-income households whose income is above 50 percent, but no greater than 80 percent, of the median area income. Conditions of Approval are included in Exhibit 3 pertaining to the construction phasing, provision, and sale of the BMP units.

ITEM NO. 1.

PAGE 28 OF 32
SUBJECT: 178 Twin Oaks Drive, Lots 1-12/S-24-023 to 033, S-24-059, M-24-013, and ND-24-001
DATE: December 12, 2025
BMP Size and Location
Pursuant to Section III. A. of the Town’s BMP Program Guidelines, A. Size of Units, BMP units should be provided proportionately in the same unit type mix (number of bedrooms) as the market rate units. The three proposed BMP units are three bedroom units whereas the proposed market rate units range in bedroom count from four to six bedrooms.

Pursuant to Section III. B. of the Town’s BMP Program Guidelines, BMP units shall be dispersed throughout the development, to the extent feasible, in all buildings, on each floor, and in each project phase. A concentration of BMP units in one location is not desirable and will not be allowed. The proposed site plan illustrates the location of the three BMP units on the project site (Sheet 2.0 of Exhibit 15). The BMP units, located on Lots 1, 11, and 12, are grouped together and share a private driveway and turnaround area, rather than being distributed throughout the subdivision.

The applicant requests relief from the BMP location and size requirements through a waiver under SDBL (CA Gov. Code § 65915), which allows modifications of development standards that would otherwise physically preclude construction of the project. The applicant further asserts that the project may utilize an exception under the Builder’s Remedy provisions of the HAA [CA Gov. Code § 65589.5 (d)(5)]. Additional information and justification for this request are provided in the applicant’s Project Description and Letter of Justification (Exhibit 5).

S. No Net Loss Law
Pursuant to CA Gov. Code § 65863 (No Net Loss Law), the Town must maintain adequate capacity in the Housing Element to accommodate its remaining unmet Regional Housing Needs Assessment (RHNA) by each income category at all times throughout the entire planning period. To comply with the No Net Loss Law, as the Town makes decisions regarding zoning and land use, or development occurs, the Town must assess its ability to accommodate new housing within the remaining capacity of the Housing Element. If the Town approves a development of a parcel identified in the Housing Element with fewer units than anticipated, the Town must either make findings that the remaining capacity of the Housing Element is sufficient to accommodate the remaining unmet RHNA by each income level, or identify and make available sufficient sites to accommodate the remaining unmet RHNA for each income category. The Town may not disapprove a housing project on the basis that approval of the development would trigger the identification or zoning of additional adequate sites to accommodate the remaining RHNA.

The subject property was not identified in the Sites Inventory of the Housing Element, and therefore, the findings related to the Not Net Loss are not applicable for this project.

However, the proposed housing units would count towards fulfilling the Town’s RHNA

ITEM NO. 1.

PAGE 29 OF 32
SUBJECT: 178 Twin Oaks Drive, Lots 1-12/S-24-023 to 033, S-24-059, M-24-013, and ND-24-001
DATE: December 12, 2025
requirements. The Town is not required to identify additional sites to accommodate the remaining RHNA as a result of this project.

T. CEQA Determination
An Initial Study was prepared for the project, which included a number of project-level technical studies, including: Air Quality and Greenhouse Gas Modeling; Biological Evaluation; Arborist Report; Geotechnical and Geologic Hazard Investigation; and Vehicle Miles Traveled (VMT) Technical Memorandum (Exhibit 1). All technical reports were peer reviewed by the Town or prepared by the Town’s consultants. The Initial Study concluded that the project will not have a significant impact on the environment with adoption of the MND and MMRP to mitigate potential impacts to a less than significant level.

Each of the 18 mitigation measures identified in the MND and Errata Sheet (III-1, IV-1, IV-2, IV-3, IV-4, IV-5, IV-6, IV-7, IV-8, IV-9, IV-10, V-1, V-2, V11-1, X-1, X111-1, X111-2, and XVII-1) are included in the MMRP (Exhibit 12) and as Conditions of Approval in Exhibit 3.

The CEQA mandated 20-day public review period began on September 19, 2025, and ended on October 9, 2025. Exhibit 13 includes responses to comments received during the public review period.

An Errata Sheet is included in Exhibit 14 that includes revisions to the IS/MND. The revisions to the IS/MND reflected in the Errata do not affect the adequacy of the previous environmental analysis contained in the Surrey Farms Estates Subdivision Project IS/MND.

Because the changes presented in the Errata would not result in any new significant impacts or increase in impact significance from what was identified in the IS/MND, recirculation of the Surrey Farms Estates Subdivision Project IS/MND is not required.

PUBLIC COMMENTS:

Project identification signage was installed on the Twin Oaks Drive, Brooke Acres Drive, and Cerro Vista Court frontages by September 17, 2024, consistent with Town policy. Visual simulations were completed by the Town’s consultant and posted to the Town’s website by September 1, 2025 (Exhibit 10). Written notice was sent to property owners and tenants within 1,000 feet of the subject property and notice of public hearing signage was installed on the street frontages by November 21, 2025, in anticipation of the December 17, 2025, Planning Commission hearing.

Staff conducted outreach through the following media and social media resources, for the availability of the visual simulations; public review of the Initial Study and MND; and notice of the public hearing:

ITEM NO. 1.

PAGE 30 OF 32
SUBJECT: 178 Twin Oaks Drive, Lots 1-12/S-24-023 to 033, S-24-059, M-24-013, and ND-24-001
DATE: December 12, 2025
• The Town’s website home page, What’s New;
• The Town’s Facebook page;
• The Town’s Twitter account;
• The Town’s Instagram account; and
• The Town’s NextDoor page.

Public comments received by 11:00 a.m., Friday, December 12, 2025, are included as Exhibit 11.

Public comments included concerns regarding drainage, flooding, groundwater saturation, grading, traffic, impacts on wildlife, removal of trees, loss of views, privacy, fire safety, building height, size of homes, and construction impacts.

CONCLUSION:

A. Summary
The applicant is requesting approval for the subdivision of one lot into 12 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 SB 330 on a vacant property zoned RC, located at 178 Twin Oaks Drive.

As detailed above, the application was submitted and is being processed under SB 330. The applicant seeks approval for the proposed residential project utilizing both SDBL (CA Gov.

Code § 65915) and the Builder’s Remedy provisions under the HAA [CA Gov. Code § 65589.5 (d)(5)]. The project qualifies for three incentives and unlimited waivers under SDBL. The application meets the definition of a Builder’s Remedy project and the applicant has requested a number of exceptions to Town standards pursuant to Builder’s Remedy. The deviations from the Town’s standards included in the project are requested through both SDBL and Builder’s Remedy for which the applicant has provided justification (Exhibit 5).

B. Recommendation
Staff recommends that the Planning Commission consider the request and, if merit is found with the proposed project, forward a recommendation that the Town Council approve the Architecture and Site applications, Subdivision, and Mitigated Negative Declaration applications by taking the following actions:

1. Adopt the Mitigated Negative Declaration (ND-25-001) and Mitigation Monitoring and Reporting Program (Exhibit 12) and make the finding that the project, with adoption of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, will not have a significant effect on the environment per CEQA;

2. Make the finding that the project is consistent with the General Plan with the incentives, and waivers requested pursuant to State Density Bonus Law and granting of the

ITEM NO. 1.

PAGE 31 OF 32
SUBJECT: 178 Twin Oaks Drive, Lots 1-12/S-24-023 to 033, S-24-059, M-24-013, and ND-24-001
DATE: December 12, 2025
requested exceptions to the maximum allowed density pursuant to the Builder’s Remedy provision of the Housing Accountability Act (Exhibit 2);

3. Make the finding that the proposed project complies with Section 66474 of the State Subdivision Map Act with granting of the requested exceptions to Town standards pursuant to the Builder’s Remedy provision of the Housing Accountability Act and make affirmative findings to approve the subdivision (Exhibit 2);

4. As required for tentative or parcel maps approved in state responsibility areas (SRA) or very high fire hazard severity zones (VH), findings are required to be made to the State Board of Forestry and Fire Protection (Board) pursuant to 14 CCR Section 1266.02 (Exhibit 2);

5. Make the finding that the project meets the objective standards of Chapter 29 of the Town Code (Zoning Regulations) with the incentives and waivers requested pursuant to State Density Bonus Law and granting of the requested exceptions to Town standards pursuant to the Builder’s Remedy provision of the Housing Accountability Act (Exhibit 2);

6. Make the finding that the project in compliance with the Hillside Development Standards and Guidelines with granting of the requested exceptions to Town standards pursuant to the Builder’s Remedy provision of the Housing Accountability Act (Exhibit 2);

7. Make the finding that the project in compliance with the Hillside Specific Plan with the incentives and waivers requested pursuant to State Density Bonus Law and granting of the requested exceptions to Town standards pursuant to the Builder’s Remedy provision of the Housing Accountability Act (Exhibit 2);

8. Make the affirmative findings as required by State Density Bonus Law for granting an incentive pursuant to California Government Code Section 65915 (d) and for granting waivers pursuant to California Government Code Section 65915 (a)(2) (Exhibit 2);

9. Make the finding that, as required by California Government Code Section 65589.5 (d) of the California Housing Accountability Act, none of the findings for denial of a Builder’s Remedy project can be made (Exhibit 2);

10. Make the considerations as required by Section 29.20.150 of the Town Code for granting approval of an Architecture and Site application (Exhibit 2); and

11. Approve Architecture and Site Applications S-24-023 through S-24-033 and S-24-059, Subdivision Application M-24-023, and Mitigated Negative Declaration Application ND25-001 with the recommended conditions contained in Exhibit 3 and the development plans in Exhibits 15 through 27.

C. Alternatives
Alternatively, the Planning Commission can:

1. Continue the matter to a date certain with specific direction; or

2. Approve the applications with additional and/or modified conditions; or

3. Deny the applications.

ITEM NO. 1.

PAGE 32 OF 32
SUBJECT: 178 Twin Oaks Drive, Lots 1-12/S-24-023 to 033, S-24-059, M-24-013, and ND-24-001
DATE: December 12, 2025
EXHIBITS:

1. Initial Study and Mitigated Negative Declaration with Appendices A through E (available online at https://www.losgatosca.gov/178TwinOaksDr)

2. Required Findings and Considerations

3. Recommended Conditions of Approval – M-24-013, S-24-023 to -033 and S-24-059

4. Location Map

5. Project Description and Letter of Justification

6. Consulting Architect’s Report

7. Applicant’s Response to Consulting Architect’s Report

8. Final Arborist Report

9. Consulting Arborist’s Peer Review

10. Visual Renderings

11. Public comments received by 11:00 a.m., Friday, December 12, 2025

12. Mitigation Monitoring and Reporting Program

13. Public Comments and Responses Regarding the Mitigated Negative Declaration

14. Initial Study/ Mitigated Negative Declaration Errata Sheet

15. Development Plans – Subdivision

16. Development Plans – Lot 1

17. Development Plans – Lot 2

18. Development Plans – Lot 3

19. Development Plans – Lot 4

20. Development Plans – Lot 5

21. Development Plans – Lot 6

22. Development Plans – Lot 7

23. Development Plans – Lot 8

24. Development Plans – Lot 9

25. Development Plans – Lot 10

26. Development Plans – Lot 11

27. Development Plans – Lot 12

ITEM NO. 1.

PLANNING COMMISSION – December 17, 2025
REQUIRED FINDINGS AND CONSIDERATIONS FOR:
178 Twin Oaks Drive
Architecture and Site Applications S-24-023 through -032 and S-24-059 Vesting Tentative Map Application M-24-013
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. An Initial Study and Mitigated Negative Declaration Have Been Prepared.

Property Owner/Applicant: Larry Dodge
Project Planner: Erin Walters

FINDINGS
Required finding for CEQA:
■ An Initial Study and Mitigated Negative Declaration have been prepared for this project. It has been determined that this project will not have a significant impact on the environment with adoption of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program to mitigate potential impacts to a less than significant level.

Required finding for consistency with the Town’s General Plan:
■ That the proposed project is consistent with the General Plan with the incentives, and waivers requested pursuant to State Density Bonus Law and granting of the requested exceptions to the maximum allowed density pursuant to the Builder’s Remedy provision of the Housing Accountability Act, CA Gov. Code § 65589.5 (d).

Required findings to deny a Subdivision application:
■ As required by Section 66474 of the State Subdivision Map Act the map shall be denied if any of the following findings are made: None of the findings could be made to deny the application with granting of the requested exceptions to Town standards pursuant to the Builder’s Remedy provision of the Housing Accountability Act, CA Gov. Code § 65589.5 (d).

Instead, the Town Council makes the following affirmative findings:
a. That the proposed map is consistent with all elements of the General Plan with granting of the requested exceptions to Town standards pursuant to the Builder’s Remedy provision

ITEM NO. 1.
of the Housing Accountability Act, California Government Code Section 65589.5(d). b. That the design and improvement of the proposed subdivision is consistent with all elements of the General Plan with granting of the requested exceptions to Town standards pursuant to the Builder’s Remedy provision of the Housing Accountability Act, CA Gov. Code § 65589.5 (d).
c. That the site is physically suitable for the type of development. d. That the site is physically suitable for the proposed density of development. e. That the design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage nor substantially and avoidably injure fish or wildlife or their habitat with implementation of the Mitigation Monitoring and Reporting Program and the Conditions of Approval.
f. That the design of the subdivision and type of improvements is not likely to cause serious public health problems.
g. That the design of the subdivision and the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision.

Required Subdivision Map Findings for the Board of Forestry and Fire Protection:
■ For tentative or parcel maps approved in state responsibility areas (SRA) or very high fire hazard severity zones (VH), the following findings are required to be made to the State Board of Forestry and Fire Protection (14 CCR Section 1266.02):

1. A finding supported by substantial evidence in the record that the subdivision is consistent with:
a. Regulations adopted by the State Board of Forestry and Fire Protection pursuant to Sections 4290 and 4291 of the Public Resources Code, or b. Consistent with local ordinances certified by the State Board of Forestry and Fire Protection as meeting or exceeding the state regulations.

2. A finding supported by substantial evidence in the record that structural fire protection and suppression services will be available for the subdivision through any of the following entities:
a. A county, city, special district, political subdivision of the state, or another entity organized solely to provide fire protection services that is monitored and funded by a county or tother public entity. b. The Department of Forestry and Fire Protection by contract entered into pursuant to Section 4133, 4142, or 4144 of the Public Resources Code.

Required compliance with the Zoning Regulations:
■ The project meets the objective standards of Chapter 29 of the Town Code (Zoning Regulations) with the incentives and waivers requested pursuant to State Density Bonus Law (CA Gov. Code § 65915) and granting of the requested exceptions to Town standards pursuant to the Builder’s Remedy provision of the Housing Accountability Act, CA Gov. Code § 65589.5 (d).

ITEM NO. 1.

Required compliance with the Town of Los Gatos Hillside Development Standards and Guidelines:
■ The project meets the Town of Los Gatos Hillside Development Standards and Guidelines with the incentives and waivers requested pursuant to State Density Bonus Law (CA Gov.

Code § 65915) and granting of the requested exceptions to Town standards pursuant to the Builder’s Remedy provision of the Housing Accountability Act, CA Gov. Code § 65589.5 (d).

Required compliance with the Town of Los Gatos Hillside Specific Plan:
■ The project meets the Town of Los Gatos Hillside Specific Plan with the incentives and waivers requested pursuant to State Density Bonus Law (CA Gov. Code § 65915) and granting of the requested exceptions to Town standards pursuant to the Builder’s Remedy provision of the Housing Accountability Act, CA Gov. Code § 65589.5 (d).

Required for granting concession and waivers pursuant through State Density Bonus Law:

Concession(s) or incentive(s)
■ CA Government Code § 65915:
(d) The Town shall grant concession(s) or incentive(s) requested by the applicant unless the Town makes a written finding, based upon substantial evidence, of any of the following:
(A) The concession or incentive does not result in identifiable and actual cost reductions, consistent with subdivision (k), to provide for affordable housing costs, as defined in Section 50052.5 of the Health and Safety Code, or for rents for the targeted units to be set as specified in subdivision (c). (B) The concession or incentive would have a specific, adverse impact, as defined in paragraph (2) of subdivision (d) of Section 65589.5, upon public health and safety or on any real property that is listed in the California Register of Historical Resources and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact without rendering the development unaffordable to low-income and moderate-income households. (C) The concession or incentive would be contrary to state or federal law.

Waivers
■ CA Government Code § 65915 (a)(2):

The Town shall grant waivers to the Town’s development standards requested by the applicant unless the Town makes a written finding, based upon substantial evidence, that the development standard for which the waiver is requested would not physically preclude the construction of the development at the densities and with the concession permitted through Density Bonus Law.

Required findings to deny a project under State Builder’s Remedy Law:

As required by CA Government Code § 65589.5 (d) of the California Housing Accountability Act, a

ITEM NO. 1.
qualifying housing development project invoking Builder’s Remedy shall not be denied by the Town, or condition approval in a manner that renders the housing development project infeasible, including through the use of design review standards, unless it makes written findings, based on the preponderance of the evidence in the record, as to one of the following: None of the findings could be made to deny the application.

1. The Town did not have a certified sixth cycle Housing Element by January 31, 2023.

2. The housing development project would not have a specific, adverse impact on the public health or safety.

3. The denial of the housing development project or imposition of conditions is not required in order to comply with specific state or federal law.

4. The housing development project is not proposed on land zoned for agriculture or resource preservation that is surrounded on at least two sides by land being used for agricultural or resource preservation purposes, or which does not have adequate water or wastewater facilities to serve the project.

5. On the date the application for the housing development project was deemed complete, the Town had not adopted a revised housing element that was in substantial compliance with California Government Code Section 65589.5(d) of the California Housing Accountability Act, and the housing development project was inconsistent with both the Town’s Zoning Ordinance and General Plan Land Use Designation.

CONSIDERATIONS
Required considerations in review of Architecture and Site applications:
■ As required by Section 29.20.150 of the Town Code, the applicable considerations in review of an Architecture and Site application were all made in reviewing this project.

N:\DEV\FINDINGS\2025\Twin Oaks Dr, 178 - A&S and Subdivision Findings - PC 12-17-25.docx

ITEM NO. 1.

PLANNING COMMISSION – December 17, 2025 – 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. An 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

29.20.335.

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 building permits, 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 building permits 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 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 building permit 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 2, 7, 8, 9, and 10 to protect unique natural features, habitats, and movement corridors on the property. 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 ART: The applicant shall comply with the requirements of Chapter 25, Article VII 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 building permit for the development project.

10. 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. 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.

12. 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. 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 building permit where applicable and shall remain through all phases of construction.

ITEM NO. 1.

14. 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 building permits and shall remain through all phases of construction. Include a tree protection plan with the construction plans.

15. TREE STAKING: Prior to final inspection, all newly planted trees shall be double staked using rubber tree ties.

16. 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.

17. 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 building permits. A review fee based on the current fee schedule adopted by the Town Council is required when working landscape and irrigation plans are submitted for review.

18. PROJECT IDENTIFICATION SIGNAGE: Project identification signage on the project site shall be removed within 30 days of final action on the applications.

19. 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. LRV DEED RESTRICTION: Prior to the issuance of a building permit, a deed restriction shall be recorded by the applicant with the Santa Clara County Recorder’s Office that requires all exterior colors to be maintained in conformance with the Hillside Development Standards and Guidelines.

21. PROPERTY FENCE: All new fencing shall comply with Town Code Section 29.40.0315 at building permit stage, unless an exception is granted by the Community Development Director.

22. 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.

21. 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.