ITEM NO. 14.
Tammy Robnett-Illges, Engineering Technician at [email protected] or (408) 399-5771 for more information.
60. SURVEYING CONTROLS: Horizontal and vertical controls shall be set and certified by a licensed surveyor or registered civil engineer qualified to practice land surveying, for the following items:
a. Retaining wall: top of wall elevations and locations. b. Toe and top of cut and fill slopes.
61. RETAINING WALLS: A building permit, issued by the Building Department, located at 110 E. Main Street, may be required for site retaining walls. Walls are not approved by the Engineering Division of Parks and Public Works during the grading permit plan review process.
62. PROXIMITY OF RETAINING WALLS TO ADJACENT BUILDINGS: Prior to the issuance of a grading or building permit, structural details for the proposed retaining walls located immediately adjacent to or in the immediate vicinity of existing buildings on adjoining lots shall be submitted confirming that said walls will not negatively affect the structural integrity of these buildings.
63. PARCEL MAP: A parcel map shall be recorded. A PDF of the parcel map and all associated materials shall be submitted to the Engineering Division of the Parks and Public Works Department for review and approval. Submittal shall include closure calculations, title reports and the appropriate fee. The map shall be recorded prior to the issuance of any grading or building permits.
64. WEST VALLEY SANITATION DISTRICT: All sewer connection and treatment plant capacity fees shall be paid either immediately prior to the recordation of any subdivision maps with respect to the subject property or properties or immediately prior to the issuance of a sewer connection permit, which ever event occurs first. Written confirmation of payment of these fees shall be provided prior to map recordation.
65. DEDICATIONS: The following shall be dedicated on the parcel map by separate instrument. The dedication shall be recorded before any grading or building permits are issued:
66. Private storm drainage easement for Parcel B over Parcel A.
67. Landscape Easement for Parcel A over Parcel B.
68. GEOTECHNICAL/GEOLOGICAL ENGINEER CONSTRUCTION OBSERVATION: During construction, all excavations, grading, foundations, and retaining walls shall be inspected by the Owner’s soils engineer prior to placement of concrete and/or backfill so they can verify that the actual conditions are as anticipated in the design-level geotechnical report and recommend appropriate changes in the recommendations contained in the report, if necessary. The results of the construction observation and testing shall be documented in an “as-built” letter/report prepared by the Owner’s soils engineer and submitted to the Town before a certificate of occupancy is granted.
69. GEOTECHNICAL/GEOLOGICAL RECOMMENDATIONS: The project shall incorporate the geotechnical/geological recommendations contained in the project’s design-level geotechnical/geological investigation as prepared by the Owner’s engineer(s), and any subsequently required report or addendum. Subsequent reports or addendum are subject
ITEM NO. 14.
to peer review by the Town’s consultant and costs shall be borne by the Owner, Applicant and/or Developer.
70. SUPPLEMENTAL GEOLOGIC AND GEOTECHNICAL STUDIES: Supplemental geologic and geotechnical engineering studies may be required in support of the design of the infrastructure and the building type, and the reports and plans shall be submitted to the Town for review.
71. UTILITIES: The Owner, Applicant and/or Developer shall install all new, relocated, or temporarily removed utility services, including telephone, electric power and all other communications lines underground, as required by Town Code Section 27.50.015(b). All new utility services shall be placed underground. Underground conduit shall be provided for cable television service. The Owner, Applicant and/or Developer is required to obtain approval of all proposed utility alignments from any and all utility service providers before a Certificate of Occupancy for any new building can be issued. The Town of Los Gatos does not approve or imply approval for final alignment or design of these facilities.
72. SIGHT TRIANGLE AND TRAFFIC VIEW AREA: Any proposed improvements, including but not limiting to trees and hedges, will need to abide by Town Code Sections 23.10.080,
26.10.065, and 29.40.030.
73. FENCES: Fences between all adjacent parcels will need to be located on the property lines/boundary lines. Any existing fences that encroach into the neighbor’s property will need to be removed and replaced to the correct location of the boundary lines before a Certificate of Occupancy for any new building can be issued. Waiver of this condition will require signed and notarized letters from all affected neighbors.
74. TRAFFIC IMPACT MITIGATION FEE: Prior to the parcel map recordation, 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 Town Council resolution in effect at the time the building permit is issued. The amount based on the current resolution is $10,410.72. The final traffic impact mitigation fee for this project shall be calculated from the final plans using the current fee schedule and rate schedule in effect at the time, using a comparison between the existing and proposed uses. For more information please contact Mike Vroman, Senior Traffic Engineer [email protected] (408) 399-5777.
75. PRECONSTRUCTION PAVEMENT SURVEY: Prior to issuance of any grading or building permit, the Owner, Applicant and/or Developer shall complete a pavement condition survey documenting the extent of existing pavement defects using a smartphone video (in Landscape orientation only) or digital video camera. The survey shall extend the length of Oak Meadow Drive. The results shall be documented in a report and submitted to the Town for review.
76. POSTCONSTRUCTION PAVEMENT SURVEY: The Owner, Applicant and/or Developer shall complete a pavement condition survey to determine whether road damage occurred as a result of project construction and whether there were changes in pavement strength.
Rehabilitation improvements shall be required to restore the pavement to preconstruction conditions. The results shall be documented in a report and submitted to the Town for review and approval before a Certificate of Occupancy for any new building can
ITEM NO. 14.
be issued. The Owner, Applicant and/or Developer shall be responsible for completing any required road repairs prior to release of the faithful performance bond.
77. TRAFFIC CONTROL PLAN: A traffic control plan is required and must be submitted and approved by the Town Engineer prior to the issuance of an encroachment, grading or building permit. This plan shall include, but not be limited to, the following measures:
a. Construction activities shall be strategically timed and coordinated to minimize traffic disruption for schools, residents, businesses, special events, and other projects in the area. The schools located on the haul route shall be contacted to help with the coordination of the trucking operation to minimize traffic disruption. b. Flag persons shall be placed at locations necessary to control one-way traffic flow. All flag persons shall have the capability of communicating with each other to coordinate the operation.
c. Prior to construction, advance notification of all affected residents and emergency services shall be made regarding one-way operation, specifying dates and hours of operation.
For more information please contact Mike Vroman, Senior Traffic Engineer [email protected] (408) 399-5777.
78. HAULING OF SOIL: Hauling of soil on- or off-site shall not occur during the morning or evening peak periods (between 7:00 a.m. and 9:00 a.m. and between 4:00 p.m. and 6:00 p.m.), and at other times as specified by the Director of Parks and Public Works. Prior to the issuance of a grading or building permit, the Owner and/or Applicant or their representative shall work with the Town Building Department and Engineering Division Inspectors to devise a traffic control plan to ensure safe and efficient traffic flow under periods when soil is hauled on or off the project site. This may include, but is not limited to, provisions for the Owner and/or Applicant to place construction notification signs noting the dates and time of construction and hauling activities, or providing additional traffic control. Coordination with other significant projects in the area may also be required.
79. SHARED PRIVATE STREET: The private street accessing Project Site shall be kept open and in a safe, drive-able condition throughout construction. If temporary closure is needed, then formal written notice shall be provided at least one week in advance of closure.
80. PRIVATE STREET PAVEMENT RESTORATION: Prior to issuance of a Certificate of Occupancy for any new building, the Owner shall complete any necessary road repairs.
81. COMMON PRIVATE DRIVEWAY: The common private driveway accessing the Project Site shall be kept open and in a safe, drive-able condition throughout construction and in perpetuity after construction has been completed. If temporary closure is needed, then formal written notice shall be provided at least one (1) week in advance of closure.
82. EMERGENCY VEHICLE ACCESS: The Emergency Vehicle Access Easement (EVAE) that traverses the Project Site shall be kept open and in a safe, drive-able condition throughout construction. If temporary closure is needed, then formal written notice shall be provided at least one week in advance of closure.
83. WVSD (West Valley Sanitation District): Sanitary sewer laterals are televised by West Valley Sanitation District and approved by the Town of Los Gatos before they are used. A Sanitary Sewer Clean-out is required for each property at the property line, within one (1)
ITEM NO. 14.
foot of the property line per West Valley Sanitation District Standard Drawing 3, or at a location specified by the Town.
84. SANITARY SEWER BACKWATER VALVE: Sewer piping serving fixtures which have flood level rims less than twelve (12) inches (304.8 mm) above the elevation of the next upstream manhole and/or flushing inlet cover at the public or private sewer system serving such sewer piping shall be protected from backflow of sewage by installing an approved backwater valve. Fixtures above such elevation shall not discharge through the backwater valve, unless first approved by the Building Official. The Town shall not incur any liability or responsibility for damage resulting from a sewer overflow where the property owner or other person has failed to install a backwater valve as defined in the Uniform Plumbing Code adopted by the Town and maintain such device in a functional operation condition. Evidence of West Sanitation District’s decision on whether a backwater device is needed shall be provided prior to the issuance of a building permit.
85. BEST MANAGEMENT PRACTICES (BMPs): The Owner, Applicant and/or Developer is responsible for ensuring that all contractors are aware of all storm water quality measures and that such measures are implemented. Best Management Practices (BMPs) shall be maintained and be placed for all areas that have been graded or disturbed and for all material, equipment and/or operations that need protection. Removal of BMPs (temporary removal during construction activities) shall be replaced at the end of each working day. Failure to comply with the construction BMP will result in the issuance of correction notices, citations, or stop work orders.
86. NPDES STORMWATER COMPLIANCE: In the event that, during the production of construction drawings for the plans approved with this application by the Town of Los Gatos, it is determined that the project will create and/or replace more than 2,500 square feet of impervious area, completion of the NPDES Stormwater Compliance Small Projects Worksheet and implementation of at least one of the six low impact development site design measures it specifies shall be completed and submitted to the Engineering Division before issuance of a grading/building permit.
87. INFILTRATION BASIN: The following requirements apply to the proposed infiltration basins:
a. Prior to completion of the Final Stormwater Control Plan, a geotechnical engineer shall review the design of the infiltration basin and determine whether additional structural supports are needed to ensure stability of the road and the adjacent hillside during the wet season.
b. The assumed infiltration rate shall be verified with actual site-specific soils data prior to the Final Stormwater Control Plan for the road and development, and if the infiltration rate is lower than expected, a hydrologic analysis shall be conducted to ensure that the proposed trench sizes are adequate.
c. The road and infiltration trenches shall be protected from sediment generated during construction of homes on the lots. The proposed source control measures shall be indicated on the project plans.
d. Maintenance of stormwater treatment and the infiltration trenches shall be the responsibility of the property owner and/or future property owners.
ITEM NO. 14.
88. UNLAWFUL DISCHARGES: It is unlawful to discharge any wastewater, or cause hazardous domestic waste materials to be deposited in such a manner or location as to constitute a threatened discharge, into storm drains, gutters, creeks or the San Francisco Bay.
Unlawful discharges to storm drains include, but are not limited to: discharges from toilets, sinks, industrial processes, cooling systems, boilers, fabric cleaning, equipment cleaning, or vehicle cleaning.
89. EROSION CONTROL: Interim and final erosion control plans shall be prepared and submitted to the Engineering Division of the Parks and Public Works Department. A maximum of two (2) weeks is allowed between clearing of an area and stabilizing/building on an area if grading is allowed during the rainy season. Interim erosion control measures, to be carried out during construction and before installation of the final landscaping, shall be included. Interim erosion control method shall include, but are not limited to: silt fences, fiber rolls (with locations and details), erosion control blankets, Town standard seeding specification, filter berms, check dams, retention basins, etc. Provide erosion control measures as needed to protect downstream water quality during winter months.
The Town of Los Gatos Engineering Division of the Parks and Public Works Department and the Building Department will 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.
90. AIR QUALITY: To limit the project’s construction-related dust and criteria pollutant emissions, the following the Bay Area Air Quality Management District (BAAQMD)- recommended basic construction measures shall be included in the project’s construction management plan, grading plan, building plans, and contract specifications:
a. All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered three times per day, or otherwise kept dustfree. b. All haul trucks designated for removal of excavated soil and demolition debris from site shall be staged off-site until materials are ready for immediate loading and removal from site.
c. All haul trucks transporting soil, sand, debris, or other loose material off-site shall be covered.
d. As practicable, all haul trucks and other large construction equipment shall be staged in areas away from the adjacent residential homes.
e. All visible mud or dirt track-out onto adjacent public roads shall be removed using wet power vacuum street sweepers at least once per day, or as deemed appropriate by Town Engineer. The use of dry power sweeping is prohibited. An on-site track-out control device is also recommended to minimize mud and dirt-track-out onto adjacent public roads.
f. All vehicle speeds on unpaved surfaces shall be limited to fifteen (15) miles per hour. g. All driveways and sidewalks to be paved shall be completed as soon as possible.
Building pads shall be laid as soon as possible after grading unless seeding or soil binders are used.
h. Post a publicly visible sign with the telephone number and person to contact at the lead agency regarding dust complaints. This person shall respond and take corrective
ITEM NO. 14.
action within forty-eight (48) hours. The Air District’s phone number shall also be visible to ensure compliance with applicable regulations. Please provide the BAAQMD’s complaint number on the sign: 24-hour toll-free hotline at 1-800-334- ODOR (6367).
i. All excavation, grading, and/or demolition activities shall be suspended when average wind speeds exceed twenty (20) miles per hour.
j. Vegetative ground cover (e.g., fast-germinating native grass seed) shall be planted in disturbed areas as soon as possible and watered appropriately until vegetation is established.
91. DETAILING OF STORMWATER MANAGEMENT FACILITIES: Prior to the issuance of any grading or building permits, all pertinent details of any and all proposed stormwater management facilities, including, but not limited to, ditches, swales, pipes, bubble-ups, dry wells, outfalls, infiltration trenches, detention basins and energy dissipaters, shall be provided on submitted grading plans, reviewed by the Engineering Division of the Parks and Public Works Department, and approved for implementation.
92. WATER FEATURES: New swimming pools, hot tubs, spas and/or fountains shall have a connection to the sanitary sewer system, subject to West Valley Sanitation District’s authority and standards, to facilitate draining events. Discharges from this/these feature(s) shall be directed to the sanitary sewer and are not allowed into the storm drain system.
93. SITE DRAINAGE: Rainwater leaders shall be discharged to splash blocks. No through curb drains will be allowed. On-site drainage systems for all projects shall include one of the alternatives included in section C.3.i of the Municipal Regional NPDES Permit. These include storm water reuse via cisterns or rain barrels, directing runoff from impervious surfaces to vegetated areas, and use of permeable surfaces. No improvements shall obstruct or divert runoff to the detriment of an adjacent, downstream or down slope property.
94. PAYMENT OPTIONS:
a. All payments regarding fees and deposits can be hand delivered or mailed to:
Town of Los Gatos PPW – Attn: Engineering Dept
41 Miles Avenue
Los Gatos, CA 95030
Checks must be made out to “Town of Los Gatos” and should include the project address and application number on memo/note line.
TO THE SATISFACTION OF THE SANTA CLARA COUNTY FIRE DEPARTMENT:
95. GENERAL: Review of this Developmental proposal is limited to acceptability of site access, water supply and may include specific additional requirements as they pertain to fire department operations, and shall not be construed as a substitute for formal plan review to determine compliance with adopted model codes. Prior to performing any work, the applicant shall make application to, and receive from, the Building Department all applicable construction permits.
ITEM NO. 14.
96. FIRE SPRINKLERS REQUIRED: (As Noted on Sheet A1) 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. 1. An automatic sprinkler system shall be provided throughout all new buildings and structures, other than Group R occupancies, except as follows: a. Buildings and structures not located in any Wildland-Urban Interface and not exceeding 1,200 square feet of fire area. b. Buildings and structures located in any Wildland-Urban Interface Fire Area and not exceeding 500 square feet of fire area. c. Group S-2 or U occupancies, including photovoltaic support structures, used exclusively for vehicle parking which meet all of the following: i. Noncombustible construction. ii. Maximum 5,000 square feet in building area. iii. Structure is open on not less than three (3) sides nor 75% of structure perimeter. iv. Minimum of 10 feet separation from existing buildings, or similar structures, unless area is separated by fire walls complying with California Building Code 706. d. Canopies, constructed in accordance weather protection of vehicle fueling pads per CBC 406.7.1 and not exceeding 5,000 square feet of fire area. 2. An automatic sprinkler system shall be installed throughout all new buildings with a Group R fire area.
Exception: Accessory Dwelling Unit, provided that all of the following are met: a. The unit meets the definition of an Accessory Dwelling Unit as defined in the Government Code Section 65852.2. b. The existing primary residence does not have automatic fire sprinklers. c. The accessory dwelling unit does not exceed 1,200 square feet in size. d. The unit is on the same lot as the primary residence. e. The unit meets all apparatus access and water supply requirements of Chapter 5 and Appendix B of the 2022 California Fire Code. 3. An approved automatic fire sprinkler system shall be installed in new manufactured homes (as defined in California Health and Safety Code Sections 18007 and 18009) and multifamily manufactured homes with two dwelling units (as defined in California Health and Safety Code Section 18008.7) in accordance with Title 25 of the California Code of Regulations. 4. An automatic sprinkler system shall be installed throughout existing buildings with a Group R fire area when additions are made causing the fire area to exceed 3,600 square feet. Exception: Additions where all of the following are met: a. Building addition does not exceed 500 square feet. b.The resultant structure meets all water supply requirements of Chapter 5 and Appendix B of the 2022 California Fire Code. 5. An automatic sprinkler system shall be provided throughout existing Group A, B, E, F, L, M, S and U buildings and structures, when additions are made that increase the fire area to more than 3,600 square feet or that create conditions described in Sections 903.2.1 through 903.2.18. 6. Any change in the character of occupancy or in use of any building with a fire area equal to or greater than 3,600 square feet which, in the opinion of the fire code official or building official, would place the building into a more hazardous division of the same occupancy group or into a different group of occupancies and constitutes a greater degree of life safety 1 or increased fire risk 2 , shall require the installation of an approved fire automatic fire sprinkler system.
ITEM NO. 14.
97. REQUIRED FIRE FLOW: (Letter received) The minimum require fireflow for this project 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]
98. FIRE APPARATUS (ENGINE)ACCESS ROADWAY REQUIRED: (As Noted on road study with a compliance roadway from Blossom Hill Rd to Forrest ave) 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.
99. WATER SUPPLY REQUIREMENTS: (As Noted on Sheet A-1) Potable water supplies shall be protected from contamination caused by fire protection water supplies. It is the responsibility of the applicant and any contractors and subcontractors to contact the water purveyor supplying the site of such project, and to comply with the requirements of that purveyor. Such requirements shall be incorporated into the design of any waterbased 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.
100. ADDRESS IDENTIFICATION: (As Noted on Sheet A-1) 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 4 inches (101.6 mm) 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. 101. CONSTRUCTION SITE FIRE SAFETY: (As Noted on Sheet A-1) 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.
102. GENERAL: 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]
ITEM NO. 14.
Draft Ordinance Adoption Date
ORDINANCE 2025-
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS REPEALING AND REPLACING PLANNED DEVELOPMENT ORDINANCE 1412
ESTABLISHING DEVELOPMENT STANDARDS AND ALLOWABLE USES FOR
LOTS WITHIN THE PLANNED DEVELOPMENT OVERLAY ZONE
THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN AS FOLLOWS:
SECTION I. Planned Development Overlay Zone
Ordinance No. 1412 is repealed and replaced with this Ordinance to retain the existing properties that are in the Planned Development Overlay Zone (shown in Exhibit A) and change the zoning of the property shown on the map (shown in Exhibit B), from O:PD (Office, Planned Development) to O:PD (Office, Planned Development).
SECTION II. Uses and Improvements Authorized.
A. The following construction and use of improvements are authorized within the Planned Development Overlay Zone:
1. Demolition of an existing one-story residential structure.
2. Conversion of an existing two-story medical office structure into a residential townhouse unit.
3. Construction of 10 two-story residential townhouse units.
4. Landscaping, parking, and limited tree removal as may be granted under precise plan approval.
5. For that area within the boundary of the townhouse complex as shown on the Official Development Plan, the uses are those specified in the R-M (Multiple Family Residential) zone by Sections 29.040.610 (Permitted Uses) and 29.40.615 (Conditional Uses) of the Zoning Ordinance (as those sections exist at the time of the adoption of this ordinance or as they may be amended in the future). However, no use listed in Section 29.40.615 is allowed unless specifically authorized by this ordinance or by conditional use permit.
B. In addition to the foregoing construction and use of improvements, this ordinance authorizes a Planning application for the following construction and use of improvements for property located at 120 Oak Meadow Drive (APN 529-10-131) as shown on the Official Development Plan:
1. Subdivision of one 17,699-square foot lot addressed as 120 Oak Meadow Drive (APN 529-10-131) into two lots consisting of Parcel A (11,906 square feet) and Parcel B (5,793 square feet);
Draft Ordinance: subject to modification
by Town Council based on deliberations
and direction
ITEM NO. 14.
Draft Ordinance Adoption Date
2. Lot coverage of 40.3 percent on Parcel A;
3. Construction of a single-family residence and site improvements requiring a Grading Permit on Parcel B.
4. Lot coverage of 42.6 percent on Parcel B;
5. Reduced setbacks for the single-family residence on Parcel B of no less than:
Front: 6 feet
Rear: 7 feet
Side (north): 3 feet
6. Portions of the single-family residence on Parcel B as shown on the Official Development Plan located in the Least Restrictive Development Area as defined by the Hillside Development Standards and Guidelines;
7. A driveway serving Parcel B with a maximum slope of 17.5 percent.
SECTION III. Compliance with Other Development Standards.
For all areas within the Planned Development Overlay Zone, the development standards of the Town Code Sections 29.40.640 and 29.40.645 shall apply. All general provisions in Article 3 of the Zoning Ordinance apply, and the provision of Chapters Article IV, Residential Zones and Article V, Nonresidential Zones of the Zoning Ordinance apply to the residential and nonresidential portion of the Planned Development respectively except when the Official Development Plan specifically shows otherwise.
SECTION IV. Permits.
With regard to the property at 120 Oak Meadow Drive, Architecture and Site approval, Subdivision approval, recordation of the Parcel Map, and issuance of all required permits is required before construction work for the single-family residence on Parcel B as shown in the Official Development Plan.
SECTION V. Official Development Plan.
With regard to the property at 120 Oak Meadow Drive, the attached Exhibit A (Map), Exhibit B (Site Plan), Exhibit C (Unit A Plan), Exhibit D (Unit B Plan), Exhibit E (Tentative Map), Exhibit F (Civil Plans for Parcel B), and Exhibit G (Architectural Plans for Parcel B), are part of the Official Development Plan.
SECTION VI. Performance Standards.
The Planned Development Overlay zone requires the following performance standards:
1. The applicant shall dedicate sanitary and storm sewer easements, to the satisfaction of the Town Engineer.
2. The applicant shall guarantee, by contract and bond, the following improvements, to the satisfaction of the Town Engineer:
3. A 20 foot curb-to-curb roadway (with narrower sections where necessary to avoid
ITEM NO. 14.
Draft Ordinance Adoption Date
significant tree growth) including curb and gutters and paving, from Roberts Road to Forrest Avenue.
4. Sanitary and storm sewers as required.
5. The applicant shall provide a final grading, drainage and traffic circulation plan, to the satisfaction of the Town Engineer.
6. If any indication of archeological remains are encountered during construction activities, all such activities should cease immediately until a qualified archeologist can ascertain. the nature of the discovery and recommend mitigation if necessary.
SECTION VII. Severability.
In the event that a court of competent jurisdiction holds any Section, subsection, paragraph, sentence, clause, or phrase in this Ordinance unconstitutional, preempted, or otherwise invalid, the invalid portion shall be severed from this Ordinance and shall not affect the validity of the remaining portions of this Ordinance. The Town hereby declares that it would have adopted each Section, subsection, paragraph, sentence, clause, or phrase in this Ordinance irrespective of the fact that any one or more Sections, subsections, paragraphs, sentences, clauses or phrases in this Ordinance might be declared unconstitutional, preempted, or otherwise invalid.
SECTION VIII. California Environmental Quality Act (CEQA).
With regard to the previous Planned Development Overlay Zone, an Environmental Impact Report was prepared for the Planned Development and was certified by the Town Council on November 20, 1978.
With regard to 120 Oak Meadow Drive, the Town Council finds that the Project is Categorically Exempt pursuant to the adopted Guidelines for the Implementation of the California Environmental Quality Act (CEQA), Sections 15315: Minor Land Divisions; 15303: New Construction; and 15304: Minor Alterations to Land.
SECTION IX. Publication.
In accordance with Section 63937 of the Government Code of the State of California, this Ordinance takes effect 30 days from the date of its passage. The Town Council hereby directs the Town Clerk to cause this Ordinance or a summary thereof to be published or posted in accordance with Section 36933 of the Government Code of the State of California.
SECTION X. Effective Date.
This Ordinance was introduced at a regular meeting of the Town Council of the Town of Los Gatos on the 21st day of January 2025, and adopted by the Town Council of the Town of Los Gatos at its regular meeting on the ____ day of _____ 2025, by the following vote:
ITEM NO. 14.
Draft Ordinance Adoption Date
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. 14.
ROBERTS RD
N CREEK TRAIL
BLOSSOM HILL RD
FORREST AV
OAK MEADOW DR
OHLONE CT
BRICKWAY CT
TOWN OF LOS GATOS
Application No.
Change of zoning map amending the Town Zoning Ordinance.
Zone Change
Prezoning
From: O:PD To: O:PD
PD-20-002 A.P.N. # 529-10-126, -127, -128, -129, -130,
-131, -132, -133, -134, -135, -136,
-137, and -999
Forwarded by Planning Commission
Approved by Town Council
Clerk Administrator:
Date:
Mayor:
Date: December 11, 2024
Ord:
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Santa Clara
County
Town of
Los Gatos
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ITEM NO. 14.
BRIDGE
(20'R /W)
(PRIVATE STREET)
OAK MEADOW DRIVE
OAK MEADOW DRIVE
1 2 3 4 5 6
z z z z z z z z z z z z z z z z z z
UFF 357.0
LFF 347.5
*36 SF OF
FALLS WIT
EXCEPTIO
ELEVATED CONCRETE
DECK TO PROTECT
TREE
EX. 10' SSE 558 D110
MECHANICAL ROOM
GARAGE CORNER
THIN LRDA
ON IS REQUESTED
C-2
SITE PLAN
1"=10'
DKH
TJSTJS
40 20 10 0 20
1" = 10'
GRAPHIC SCALE
( IN FEET ) E STAT OF CAL I FORN I A
NO. 35527
EER IN GNE LAN IOSSEFORP DERETSI GER
YK ZC EW ZS . J ECNERET
EXP. 9-30-23
DATE:SCALE:DRAWN BY:SURVEYED BY:PROJ ENGR:CHECK BY:
SHEET NO. JOB NO.
120 OAK MEADOW DRIVE
LOS GATOS, CA 95032
APN 529-10-131
LANDS OF MCFARLAND
120 OAK MEADOW DRIVE
MINOR SUBDIVISION AND
PD ZONING AMENDMENT
20-207
FAX: 408.837.7550 PH: 408.452.9300
TS/CIVIL ENGINEERING, INC.
1776 TECHNOLOGY DRIVE
SAN JOSE, CA 95110
OF 4 SHEETS
8-17-23
REVISIONS
3 BY
2 1
6 5
4 DATE
HOUSE
0 12 GARAGE
DRIVEWAY 48
YARD
188
CUT
EARTHWORK SUMMARY
37 0
FILL
00 211 CY TO BE HAULED OFF SITE
-
2.5'
8'5'
--
3 -
CU. YDS. CU. YDS. MAX. DEPTH MAX. DEPTH
248 TOTAL 37
N.T.S.
EARTHEN SWALE
(;+,%,7)
ITEM NO. 14.
UFF 357.0
LFF 347.5
OAK MEADOW DRIVE (PRIVATE STREET)
z z z z z z z z z z z z z z z z z z
PL CL
GARAGE
C-3
DRIVEWAY PROFILE
1"=10'
DKH
TJSTJS
40 20 10 0 20
1" = 10'
GRAPHIC SCALE
( IN FEET ) E STAT OF CAL I FORN I A
NO. 35527
EER IN GNE LAN IOSSEFORP DERETSI GER
YK ZC EW ZS . J ECNERET
EXP. 9-30-23
DATE:SCALE:DRAWN BY:SURVEYED BY:PROJ ENGR:CHECK BY:
SHEET NO. JOB NO.
120 OAK MEADOW DRIVE
LOS GATOS, CA 95032
APN 529-10-131
LANDS OF MCFARLAND
120 OAK MEADOW DRIVE
MINOR SUBDIVISION AND
PD ZONING AMENDMENT
20-207
FAX: 408.837.7550 PH: 408.452.9300
OF 4 SHEETS
8-17-23
REVISIONS
3 BY
2 1
6 5
4 DATE
DRIVEWAY PLAN
DRIVEWAY PROFILE
N.T.S.
GRAVEL BASIN DETAIL
ITEM NO. 14.
PL PL PL A
PL PL A
C-4
SITE CROSS SECTIONS
1"=10'
DKH
TJSTJS
40 20 10 0 20
1" = 10'
GRAPHIC SCALE
( IN FEET ) E STAT OF CAL I FORN I A
NO. 35527
EER IN GNE LAN IOSSEFORP DERETSI GER
YK ZC EW ZS . J ECNERET
EXP. 9-30-23
DATE:SCALE:DRAWN BY:SURVEYED BY:PROJ ENGR:CHECK BY:
SHEET NO. JOB NO.
120 OAK MEADOW DRIVE
LOS GATOS, CA 95032
APN 529-10-131
LANDS OF MCFARLAND
120 OAK MEADOW DRIVE
MINOR SUBDIVISION AND
PD ZONING AMENDMENT
20-207
FAX: 408.837.7550 PH: 408.452.9300
OF 4 SHEETS
8-17-23
REVISIONS
3 BY
2 1
6 5
4 DATE
SECTION A-A
SECTION B-B
ITEM NO. 14.
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ITEM NO. 14.
ITEM NO. 14.
ITEM NO. 14.
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ITEM NO. 14.
ITEM NO. 14.
ITEM NO. 14.
PREPARED BY: Sean Mullin, AICP
Senior Planner
Reviewed by: Planning Manager and Community Development Director 110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6872 www.losgatosca.gov
TOWN OF LOS GATOS
PLANNING COMMISSION
REPORT
MEETING DATE: 07/24/2024
ITEM NO: 3
DATE: July 19, 2024
TO: Planning Commission
FROM: Joel Paulson, Community Development Director
SUBJECT: Requesting Approval for Modification of Planned Development Ordinance 1412, Subdivision of One Lot into Two Lots, Construction of a Single-Family Residence, and Site Work Requiring a Grading Permit on Property Zoned O:PD. Located at 120 Oak Meadow Drive. APN 529-10-131. Subdivision Application M-20-011, Planned Development Application PD-20-002, Architecture and Site Application S-22-021. Categorically Exempt Pursuant to CEQA Guidelines Sections 15315: Minor Land Divisions; 15303: New Construction; and 15304: Minor Alterations to Land. Property Owner: Marty and Penny McFarland. Applicants: Terence J. Szewczyk (M-20-011 and PD-20-002) and Jay Plett, Architect (S-22-021). Project Planner: Sean Mullin.
RECOMMENDATION:
Forward a recommendation of approval to the Town Council on a request for modification of Planned Development Ordinance 1412, subdivision of one lot into two lots, construction of a single-family residence, and site work requiring a Grading Permit on property zoned O:PD, located at 120 Oak Meadow Drive.
PROJECT DATA:
General Plan Designation: Medium Density Residential
Zoning Designation: O:PD, Office - Planned Development Overlay Applicable Plans & Standards: General Plan, Residential Design Guidelines, applicable sections of the Hillside Development Standards and Guidelines Parcel Size: 17,699 square feet (0.41 acres)
ATTACHMENT 4
ITEM NO. 14.
PAGE 2 OF 14
SUBJECT: 120 Oak Meadow Drive/M-20-011, PD-20-002, S-22-021 DATE: July 19, 2024
PROJECT DATA (continued):
Surrounding Area:
CEQA:
The project is Categorically Exempt pursuant to the adopted Guidelines for the Implementation of the California Environmental Quality Act, Sections 15315: Minor Land Divisions; 15303: New Construction; and 15304: Minor Alterations to Land.
FINDINGS:
▪ The project is Categorically Exempt pursuant to the adopted Guidelines for the Implementation of the California Environmental Quality Act, Sections 15315: Minor Land Divisions; 15303: New Construction; and 15304: Minor Alterations to Land. ▪ As required by Section 29.80.095 of the Town Code for granting approval of a Planned Development Overlay Zone.
▪ The project meets the objective standards of Chapter 29 of the Town Code (Zoning Regulations) except for the requested modifications to the lot coverage limitations for Parcels A and B; floor area ratio (FAR) standards for Parcels A and B; and the minimum lot size and setbacks for Parcel B.
▪ That the amendment to the Planned Development Overlay is consistent with the General Plan.
▪ As required by Section 66474 of the State Subdivision Map Act. ▪ The project complies with the applicable sections of the Hillside Development Standards and Guidelines for a property with an average slope of 10 percent or greater except for the requested modifications to the maximum driveway slope and for a portion of a building located outside the LRDA.
▪ The project complies with the Residential Design Guidelines.
CONSIDERATIONS:
▪ As required by Section 29.20.150 of the Town Code for granting approval of an Architecture and Site application.
Existing Land Use General Plan Zoning
North Office Office Professional O:PD
South Office Office Professional and
Medium Density Residential
O and O:PD
East Office Office Professional and
Medium Density Residential
O
West Residential Office Professional O:PD
ITEM NO. 14.
PAGE 3 OF 14
SUBJECT: 120 Oak Meadow Drive/M-20-011, PD-20-002, S-22-021 DATE: July 19, 2024
ACTION:
Forward a recommendation regarding Planned Development application PD-22-001, Subdivision application M-20-011, and Architecture and Site application S-22-021 to the Town Council.
BACKGROUND:
The subject property is approximately 17,699 square feet located on Oak Meadow Drive between Roberts Road and Blossom Hill Road within a planned development comprised of twostory townhomes, an office building, and the single-family residence on the subject property (Exhibit 1). The property is developed with an existing 3,621-square foot, two-story residence with a 520-square foot attached garage (Exhibit 15). Oak Meadow Drive, a private road, surrounds the property on three sides. Vehicular access from the private road is provided via a driveway serving the attached garage located along the south property line. Pedestrian access is provided on the west and east property lines. Much of the property is sloped, having an average slope of 15.1 percent. Areas where slopes exceed 30 percent are limited and located along the north property line. Pursuant to Section 1.1 (c) of the Residential Design Guidelines, properties with an average slope of 10 percent or greater located outside of the Hillside Area are subject to the following sections of the Hillside Development Standards and Guidelines (HDS&G):
• Constraints Analysis and Site Selection (excluding visibility). • Site Planning for:
o Grading;
o Drainage;
o Driveways and Parking; and
o Geologic Safety.
• Site Elements for Retaining Walls.
Planned Development (PD) Ordinance 1412 was adopted on December 4, 1978, and took effect on January 3, 1979 (Exhibit 5). The PD Ordinance allowed for the following:
1. Demolition of an existing one-story residential structure;
2. Conversion of an existing two-story medical office structure into a residential townhouse unit;
3. Construction of 10 two-story residential townhouse units; and
4. Landscaping, parking, and limited tree removal as granted under precise plan approval.
Construction of the Townhomes and other site improvements were completed in 1981.
The existing PD Ordinance specifies that the permitted uses, conditional uses, and setback requirements for the areas within the boundary of the townhouse complex are those of the
ITEM NO. 14.
PAGE 4 OF 14
SUBJECT: 120 Oak Meadow Drive/M-20-011, PD-20-002, S-22-021 DATE: July 19, 2024
BACKGROUND (continued):
R-M zone. Since the subject property is not located within the townhouse complex and there are no performance standards contained in the PD Ordinance specific to the subject property, the permitted uses, conditional uses, setback requirements, and other development standards applicable to the subject property default to the underlying O zone.
PROJECT DESCRIPTION:
A. Location and Surrounding Neighborhood
The subject property is approximately 17,699 square feet located on Oak Meadow Drive between Roberts Road and Blossom Hill Road within a planned development comprised of two-story townhomes, an office building, and the single-family residence on the subject property (Exhibit 1).
B. Project Summary
The applicant is requesting approval to modify PD Ordinance 1412 to allow subdivision of the subject property into two lots and construction of a new two-story, single-family residence. Parcel A would include the existing residence and Parcel B would be developed with a new single-family residence. The applicant also requests approval of additional modifications to the performance standards in the PD Ordinance affecting Parcels A and B to allow for the following deviations from the O zone requirements and applicable sections of the HDS&G:
Parcel A
• Lot coverage exceeding 40 percent; and
• Existing residence exceeding FAR standards.
Parcel B
• Lot size below what is required by the zone;
• Proposed residence exceeding FAR standards;
• Lot coverage exceeding 40 percent;
• Reduced setbacks;
• Portion of the residence located outside of the LRDA; and • Driveway slope exceeding 15 percent.
C. Zoning Compliance
The subject property is located in a PD that provides for a mix of residential and office uses (Exhibit 5). The PD provides that the subject property is governed by the regulations of the
ITEM NO. 14.
PAGE 5 OF 14
SUBJECT: 120 Oak Meadow Drive/M-20-011, PD-20-002, S-22-021 DATE: July 19, 2024
PROJECT DESCRIPTION (continued):
O zone. The proposed project includes subdivision of the property into two lots and construction of a new single-family residence. The proposed subdivision would result in two lots with areas of 11,906 square feet and 5,793 square feet, where 8,000 square feet is the minimum required by the O zone. Following subdivision, the existing residence would be located on Parcel A with a lot coverage of 40.3 percent, where 40 percent is the maximum allowed in the O zone. Additionally, the existing residence would exceed the allowable FAR by 373 square feet. The proposed residence on Parcel B would have a lot coverage of 42.6 percent, where 40 percent is the maximum allowed in the O zone, and would exceed the allowable FAR by 403 square feet. The proposed residence on Parcel B would include reduced setbacks and portions of the structure would be located outside of the LRDA. The proposed driveway serving Parcel B would include a maximum slope of 17.5 percent, where a maximum 15 percent slope is the standard in the HDS&G. These deviations from the requirements of the O zone and applicable sections of the HDS&G can be allowed if approved as performance standards specific to the project area under a modified PD Ordinance.
Other than the deviations described above, the proposed project complies with the zoning regulations.
DISCUSSION:
B. Planned Development
The applicant is requesting approval to modify PD Ordinance 1412 to allow subdivision of the subject property into two lots and construction of a new two-story, single-family residence. The modified PD would establish the regulations under which these actions would be allowed, including all deviations from the O zone development standards and applicable sections of the HDS&G.
The modified PD would allow for subdivision of the subject property into two parcels.
Parcel A would include the existing residence and Parcel B would be developed with a new single-family residence. The proposed PD modification requires continued compliance with all provisions of the O zone, as specified in PD Ordinance 1412, and applicable sections of the HDS&G, except for the items listed below, which are proposed to be allowed through the amended PD ordinance:
• Lot Size: The O zone requires a minimum lot size of 8,000 square feet and the proposed subdivision would result in lots with areas of 11,906 square feet (Parcel A) and 5,793 square feet (Parcel B).
• Lot Coverage: The existing residence would be located on new Parcel A, following subdivision. The lot coverage for Parcel A would be 40.3 percent, where 40 percent is
ITEM NO. 14.
PAGE 6 OF 14
SUBJECT: 120 Oak Meadow Drive/M-20-011, PD-20-002, S-22-021 DATE: July 19, 2024
DISCUSSION (continued):
the maximum allowed in the O zone. Similarly, the proposed residence on Parcel B would have a lot coverage of 42.6 percent, exceeding the limitations of the zone. • FAR Standards: The existing residence would be located on new Parcel A, following subdivision. The FAR of the existing residence would be 0.30 (3,621 square feet), where
0.27 (3,248 square feet) is the maximum allowed for a single-family residence located in a nonresidential zone. Similarly, the proposed residence on Parcel B would have a FAR of 0.34 (1,946 square feet), where 0.27 (1,543 square feet) is the maximum allowed for a single-family residence located in a nonresidential zone. • Setbacks: The proposed residence on Parcel B would include reduced front, rear, and side setbacks.
• LRDA: The proposed residence on Parcel B would include portions of the structure located outside of the LRDA.
• Driveway Slope: The proposed driveway serving Parcel B includes a portion with a maximum slope of 17.5 percent, where a maximum 15 percent slope is the standard in the HDS&G.
A summary of the required and proposed development standards that deviate from Town regulations is provided in the table below.
Office Zone Development Standards
Standards Parcel A Parcel B
Min. Lot Size 8,000 sf 11,906 sf 5,793 sf
Max. Lot Coverage 40 percent 40.3 percent
(4,762 sf)
42.6 percent
(2,470 sf)
FAR
Parcel A
Parcel B
0.27 (3,248 sf)
0.27 (1,543 sf)
0.30 (3,621 sf)
0.34 (1,946 sf)
Setbacks
Front
Side
Rear (through lots)
Street Side
25 ft
10 ft
25 ft
15 ft
7 ft*
59.3 ft
17.5 ft*
12 ft* and 15.5 ft*
6 ft
3 ft
7 ft
N/A
LRDA N/A Portions of residence
outside of LRDA
Driveway Slope Max. 15 percent N/A 17.5 percent
* Existing condition to remain
The applicants discuss the requested exceptionsin their letter of justification and project description (Exhibit 6 and 7).
ITEM NO. 14.
PAGE 7 OF 14
SUBJECT: 120 Oak Meadow Drive/M-20-011, PD-20-002, S-22-021 DATE: July 19, 2024
DISCUSSION (continued):
The applicant proposes to modify the existing PD Ordinance for the property, which would provide specific guidance for the future subdivision and single-family residential development. The PD Ordinance would define the maximum allowable development, including the maximum floor area and building height. The project includes the required Subdivision and Architecture and Site applications to implement the proposed project if the PD Ordinance is approved.
C. Architecture and Site Analysis
The subject property is located in a PD with an underlying O zone, a nonresidential zone.
Town Code Section 29.50.060 provides the FAR standards for single-family and two-family dwellings located in nonresidential zones. Other development standards applicable to the subject property default to those included in the underlying O zone In the O zone, the size of a single-family dwelling is regulated through lot coverage, FAR standards, height, and setback limitations. The applicant proposes construction of a 1,946 square-foot two-story, single-family residence with 502 square feet of below-grade square footage and a 467 square-foot attached garage (Exhibit 15). The project proposes a hybrid traditional style residence with details and materials that are consistent with the neighborhood. Proposed exterior materials include: a composition shingle roof; vertical wood siding; stucco siding; and aluminum or fiberglass windows (Exhibit 8). A summary of the proposed floor area for the residence is provided in the table below.
As discussed above, the proposed lot coverage for Parcel B would be 42.6 percent, where 40 percent is the maximum of the zone. The proposed residence would also have a FAR of
0.34 (1,946 square feet), where 0.27 (1,543 square feet) is the maximum allowed. The maximum height of the proposed residence would be 29 feet, six inches, where the zone allows for a maximum height of 35 feet. Lastly, the proposed residence would have reduced setbacks on the front, rear, and north side setbacks.
Parcel B Floor Area Summary
Proposed Square Feet
Lower Floor
Main Floor
Upper Floor
Total
305
862
779
1,946
Maximum Allowed
Exceeds by
1,543
403
Below-Grade Area 502
Garage 467
ITEM NO. 14.
PAGE 8 OF 14
SUBJECT: 120 Oak Meadow Drive/M-20-011, PD-20-002, S-22-021 DATE: July 19, 2024
DISCUSSION (continued):
D. Site Design
Parcel B slopes up approximately 19 feet from east to west and includes several oak and redwood trees. Three of the four oak trees on Parcel B are Large Protected Trees (#101, 102, and 103) and the siting of the residence in the northern portion of the property with reduced setbacks is intended to minimize impacts to these trees. In addition to the reduced setbacks providing additional buffer from the trees, the applicant proposes to cantilever portions of the driveway and garage that are in close proximity to Tree #103. Discussion of the disposition of the existing trees and the potential impacts is included in Section H below.
The proposed residence would be served by a new driveway taking access from Oak Meadow Drive on the east property line with a maximum slope of 17.5 percent.
Development of the driveway requires approval of an exception to the HDS&G driveway slope limitation of 15 percent. The applicant indicates that complying with the 15 percent slope limitation would require lowering the garage slab by two feet, increasing grading and necessitating an exception to the HDS&G grading limitations (Exhibit 6). The additional grading required for a compliant driveway would also increase impacts to the trees to remain. The proposed driveway has been reviewed and approved under this application by the Engineering Division and the Santa Clara County Fire Department.
The project includes several retaining walls: one forming the lightwell on the north elevation of the residence with a maximum height of three feet; and two walls adjacent to the driveway with maximum heights of three feet. All retaining walls comply with the Town Code and the applicable sections of the HDS&G.
E. Building Design
The project consists of an eclectic/hybrid traditional style residence with traditional forms and natural appearing materials (Exhibit 7). Exterior materials include: a composition shingle roof; vertical wood siding; stucco siding; and aluminum or fiberglass windows (Exhibit 8). The residence includes gable end forms with gable and shed dormers (Exhibit 15). The proposed attached garage is a single-story form with a flat roof. Portions of the garage would be cantilevered over the descending grade to provide buffer to Tree #103 to the east. A roof terrace is proposed above the garage, accessible from the interior of the residence. In consideration of potential privacy impacts created by the roof terrace, the applicant notes that the terrace is setback 65 feet from the roadway, other adjacent properties are office uses with 30 to 85-foot setbacks, and that existing vegetation to remain provides privacy screening (Exhibit 9).
ITEM NO. 14.
PAGE 9 OF 14
SUBJECT: 120 Oak Meadow Drive/M-20-011, PD-20-002, S-22-021 DATE: July 19, 2024
DISCUSSION (continued):
The Town’s Consulting Architect reviewed the proposed residence on May 10, 2022 (Exhibit 10). In the report, the Consulting Architect noted that the applicant has done a good job fitting the house into the difficult site by working around the existing large trees.
The Consulting Architect identified two issues and concerns and provided recommendations for changes to the original design to increase compatibility with the Residential Design Guidelines. In response to these recommendations, the applicant provided a written response justifying the design in context of the Consulting Architect’s recommendation (Exhibit 11). The Consulting Architect’s issues and recommendations are provided below, followed by the applicant’s response in italics.
1. The large amount of stucco compared to the proposed vertical siding would be out of character to this neighborhood and not consistent with Residential Design Guideline
3.8.2. Reduce the large amount of stucco on the house by extending the vertical siding consistently down to the first-floor line.
There are many types of materials in the neighborhood structures; plaster among them like the building across the street. Stone is not an appropriate application for this. A good portion of the driveway and garage float like a bridge to protect the tree root zones. Stone does not 'float'.
2. The small areas of wood siding on the front and rear elevations are awkward, and the materials change in the same plane which would not be consistent with Residential Design Guideline 3.8.4. Use brick or stone for the building base below the first-floor line or continue the use of vertical siding in this area. The adjacent existing home on this larger parcel has a prominent brick base. If brick or stone is used, provide a projecting brick or stone ledge at the transition with any vertical siding. If vertical siding is used, add a horizontal belly band to break up taller wall planes.
The location of the material is consistent with the style of this house, which is mountain rustic/farmhouse. Horizontal belly band is not appropriate for this home. If we were transitioning from one wood above and another type of wood below, then a belly band might be appropriate, but ours is not the case. In this case, a belly band is not warranted or desirable.
F. Neighborhood Compatibility
The immediate neighborhood contains a single-family residence, two-story townhouses, and one- and two-story office buildings. As stated above, the existing PD ordinance establishes the development standards for the townhouse complex. The subject property and other O zoned properties in the immediate neighborhood are subject to the requirements of the underlying O zone and the FAR standards for single-family and
ITEM NO. 14.
PAGE 10 OF 14
SUBJECT: 120 Oak Meadow Drive/M-20-011, PD-20-002, S-22-021 DATE: July 19, 2024
DISCUSSION (continued):
two-family dwellings in a nonresidential zone. The following is provided for analysis of the neighborhood compatibility of the proposed residence on Parcel B. Office structures are noted.
FAR Comparison - Neighborhood Analysis
Address Use Zoning Bldg
SF
Garage
SF
Total
SF Site SF Bldg FAR
No. of
Stories
220 Oak Meadow Office O 4,507 0 4,507 11,703 0.39 2
233 Oak Meadow Office O:PD 3,283 0 3,283 19,705 0.17 2
234 Oak Meadow Office O 1,756 0 1,756 41,200 0.04 1
301 Oak Meadow Townhouse O:PD 2,620 484 3,104 7,352 0.36 2 307 Oak Meadow Townhouse O:PD 2,620 484 3,104 4,794 0.55 2 311 Oak Meadow Townhouse O:PD 2,620 484 3,104 4,952 0.53 2 120 Oak Meadow
(Existing lot)
Single-family
residence O:PD 3,621 530 4,151 17,779 0.20 2
120 Oak Meadow
(Parcel A)
Single-family
residence O:PD 3,621 530 4,151 12,530 0.30 2
Parcel B
Single-family
residence O:PD 1,946 467 2,413 5,793 0.34 2
The project proposes a new two-story residence, which would be the second single-family residence in the immediate neighborhood. The proposed residence would not be the first two-story structure in the immediate neighborhood. The proposed residence would be 29 feet, 11 inches tall, where 35 feet is allowed by the zone. When considering the residential structures in the immediate neighborhood, the proposed residence would not be the largest in terms of floor area or FAR, but it would be the largest of the two single-family residences in terms of FAR.
G. Grading
The project includes site improvements with grading quantities exceeding 50 cubic yards, which requires approval of a Grading Permit. The Town’s Parks and Public Works Engineering staff have included a condition of approval requiring submittal and evaluation of a Grading Permit in parallel with the required Building Permits (Exhibit 4).
H. Tree Impacts
In the December 16, 2022 Arborist Report, the Town’s Consulting Arborist provided an evaluation of 14 trees on the project site within the area of the proposed construction activities (Exhibit 12). Staff notes that Tree #106, a Large Protected coast live oak, suffered structural failure in May 2023. This tree was subsequently removed with a permit in August
ITEM NO. 14.
PAGE 11 OF 14
SUBJECT: 120 Oak Meadow Drive/M-20-011, PD-20-002, S-22-021 DATE: July 19, 2024
DISCUSSION (continued):
2023. Eight trees (#321 through 328) are proposed for removal, all of which are coast redwoods with diameters ranging from four to seven inches. While not proposed for removal by the applicant, the Consulting Arborist indicates that Tree #103 will be compromised from a health and structural perspective given its limited root zone opposite the construction activities. The Consulting Arborist’s recommended conditions of approval include requirements that the applicant implement all tree protection recommendations identified in the Arborist Report prepared for the project and that the applicant obtain a Tree Removal Permit for all requested tree removals. The proposed tree removals will require 14 replacement trees, a requirement that is reflected in Exhibit 4.
I. Parking
Section 29.10.150(c)(1) of the Town Code requires that a single-family residence provide two off-street parking spaces. The proposed project includes an attached two-car garage to meet this requirement.
J. General Plan
The proposed amendment to PD Ordinance 1412 to allow subdivision of one lot into two lots, construction of a new single-family residence, and site work requiring a Grading Permit is consistent with the goals and policies of the 2020 General Plan Land Use Element, including, but not limited to:
• Policy LU-1.3 encourages preservation of existing trees, natural vegetation, natural topography, riparian corridors and wildlife habitats, and promote high quality, welldesigned, environmentally sensitive, and diverse landscaping in new and existing developments;
• Policy LU-1.4 states, infill projects shall be designed in context with the neighborhood and surrounding zoning with respect to existing scale and character of surrounding structures, and should blend rather than compete with the established character of the area;
• Policy LU-6.7 states, continue to encourage a variety of housing types and sizes that is balanced throughout the Town and within neighborhoods, and that is also compatible with the character of the surrounding neighborhood;
• Policy LU-6.8 states, new construction, remodels, and additions shall be compatible and blend with the existing neighborhood;
• Policy LU-7.3 states, infill projects shall contribute to the further development of the surrounding neighborhood (e.g. improve circulation, contribute to or provide neighborhood unity, eliminate a blighted area) and shall not detract from the existing quality of life; and
• Policy LU-7.4 states, infill projects should be designed in context with the neighborhood
ITEM NO. 14.
PAGE 12 OF 14
SUBJECT: 120 Oak Meadow Drive/M-20-011, PD-20-002, S-22-021 DATE: July 19, 2024
DISCUSSION (continued):
and surrounding zoning with respect to the existing scales and character of surrounding structures, and should blend rather than compete with he established character of the area.
K. CEQA Determination
The Project is Categorically Exempt pursuant to the adopted Guidelines for the Implementation of the California Environmental Quality Act (CEQA), Sections 15315: Minor Land Divisions; 15303: New Construction; and 15304: Minor Alterations to Land.
PUBLIC COMMENTS:
The property owner indicates that the project has been discussed with several direct neighbors and a member of the Home Owners Association (HOA) for the townhomes (Exhibit 13).
Consistent with the Town’s Height Pole, Flagging, Netting, and Signage Policy, a project sign was installed on the site on May 28, 2024. Installation of story poles is not required under the policy. Additionally, notice cards for the Planning Commission meeting were mailed to all property owners and residents within 300 feet of the PD, a legal advertisement was published in the newspaper, and meeting agendas were posted at Town Hall and the Library. Public comments receive prior to 11:00 am, Friday, July 19, 2024, are included as Exhibit 16.
CONCLUSION:
A. Summary
The applicant is requesting approval for modification of Planned Development Ordinance 1412 to allow subdivision of one lot into two lots, construction of a single-family residence, and site work requiring a Grading Permit. The applicant also requests modifications to the performance standards in the PD Ordinance to allow deviations from the underlying zoning and applicable sections of the HDS&G allowing the following:
Parcel A
• Lot coverage exceeding 40 percent; and
• Existing residence exceeding FAR standards.
Parcel B
• Lot size below what is required by the zone;
• Proposed residence exceeding FAR standards;
• Lot coverage exceeding 40 percent;
• Reduced setbacks;
• Portion of the residence located outside of the LRDA; and
ITEM NO. 14.
PAGE 13 OF 14
SUBJECT: 120 Oak Meadow Drive/M-20-011, PD-20-002, S-22-021 DATE: July 19, 2024
CONCLUSION (continued):
• Driveway slope exceeding 15 percent.
No other exceptions are requested. Regarding consistency with the immediate neighborhood, the proposed single-family residence on Parcel B would not result in the largest residential structure in terms of floor area or FAR, would be the largest of the two single-family residences in terms of FAR, and would not be the first two-story residence.
The applicant seeks a recommendation from the Planning Commission to the Town Council, who will render the final decision on the project.
B. Recommendation
If the Planning Commission finds merit with the proposed project, staff recommends the Commission take the following actions to forward the PD, Subdivision, and Architecture and Site applications to the Town Council with a recommendation for approval of the proposed project, by recommending that the Town Council:
1. Make the finding that the proposed project is Categorically Exempt pursuant to the adopted Guidelines for the Implementation of the California Environmental Quality Act, Sections 15315: Minor Land Divisions; 15303: New Construction; and 15304: Minor Alterations to Land (Exhibit 2);
2. Make the finding that the amendment to the Planned Development Overlay is consistent Town Code Section 29.80.095 (Exhibit 2);
3. Make the finding that the project complies with the objective standards of Chapter 29 of the Town Code (Zoning Regulations) except for the requested modifications to the lot coverage limitations for Parcels A and B; and the minimum lot size and setbacks for Parcel B, which are appropriate due to the constraints of the site.
4. Make the finding that the amendment to the Planned Development Overlay is consistent with the General Plan (Exhibit 2);
5. Make the findings as required by Section 66474 of the Subdivision Map Act (Exhibit 2); and
6. Make the finding that the project complies with the applicable sections of the Hillside Development Standards and Guidelines for a property with an average slope of 10 percent or greater, except for the requested modification to allow a maximum driveway slope greater than 15 percent and for a portion of the residence located outside of the LRDA, which are appropriate due to the constraints of the site (Exhibit 2);
7. Make the finding that the project is consistent with the Residential Design Guidelines (Exhibit 2);
8. 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
9. Approve Planned Development application PD-20-002 to adopt the Planned Development Ordinance (Exhibit 3) and approve Subdivision application M-20-011 and
ITEM NO. 14.
PAGE 14 OF 14
SUBJECT: 120 Oak Meadow Drive/M-20-011, PD-20-002, S-22-021 DATE: July 19, 2024
CONCLUSION (continued):
Architecture and Site Application S-22-021 inclusive of the recommended conditions of approval included as Exhibit 4 and the development plans included as Exhibit 15.
C. Alternatives
Alternatively, the Commission can:
1. Continue the matter to a date certain with specific direction; or
2. Recommend approval the applications with additional and/or modified conditions; or
3. Recommend denial of the applications and make the required findings for denial EXHIBITS:
1. Location Map
2. Required Findings and Considerations
3. Draft Planned Development Ordinance
4. Recommended Conditions of Approval
5. Planned Development Ordinance 1412
6. Letter of Justification
7. Project Description
8. Color and Materials Board
9. Letter of Justification for Garage Terrace
10. Town’s Consulting Architect Report
11. Response to Consulting Architect’s Recommendations
12. Arborist Report
13. Summary of Neighbor Outreach
14. Building Envelope Study by Applicant
15. Development Plans
16. Public Comments received by 11:00 a.m., Friday, July 19, 2024
ITEM NO. 14.
N CREEK TRAIL
ROBERTS RD
BLOSSOM HILL RD
UNIVERSITY AV
OHLONE CT
FORREST AV
GARDEN HILL DR
BRICKWAY CT
120 Oak Meadow Drive
0 0.125 0.25
Miles
°
PD Boundary
Project Site
EXHIBIT 1
ITEM NO. 14.
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ITEM NO. 14.
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DEVELOPMENT REVIEW COMMITTEE – July 24, 2024
REQUIRED FINDINGS & CONSIDERATIONS FOR:
120 Oak Meadow Drive
Subdivision Application M-20-011
Planned Development Application PD-20-002
Architecture and Site Application S-22-021
Requesting Approval for Subdivision of One Lot into Two Lots, Modification of Planned Development Ordinance 1412, Construction of a Single-Family Residence, and Site Work Requiring a Grading Permit on Property Zoned O:PD. APN 529-10-131.
Categorically Exempt Pursuant to CEQA Guidelines Sections 15315: Minor Land Divisions; 15303: New Construction; and 15304: Minor Alterations to Land.
Property Owners: Marty and Penny McFarland
Applicants: Terence J. Szewczyk (M-20-011 and PD-20-002) and Jay Plett, Architect (S-22-021)
FINDINGS
Required finding for CEQA:
■ The project is Categorically Exempt pursuant to the adopted Guidelines for the Implementation of the California Environmental Quality Act, Sections 15315: Minor Land Divisions; 15303: New Construction; and 15304: Minor Alterations to Land.
Required compliance with the Town Code for granting a Planned Development Overlay Zone:
■ As required by Section 29.80.095 of the Town Code for granting a Planned Development Overlay Zone, the proposed amendment:
1. Is consistent with Chapter 29, Article VIII, Division 2 of the Town Code in that it meets the purpose and intent of a Planned Development Overlay;
2. Is in conformance with the goals, policies, and applicable land use designations and standards of the Town’s 2040 General Plan and its Elements and with the 2020 Land Use and Community Design Element, including but not limited to Policies LU-1.3, LU-1.4, LU6.7, LU-6.8, LU-7.3, and LU-7.4;
3. Is in conformance with the Residential Design Guidelines and applicable sections of the Hillside Development Standards and Guidelines for a property with an average slope of 10 percent or greater; and
4. Allows for a new housing unit designed to protect and preserve the existing trees and slopes of the site.
ITEM NO. 14.
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Required compliance with the Zoning Regulations:
■ The project meets the objective standards of Chapter 29 of the Town Code (Zoning Regulations), except for the requested modifications to the performance standards in the PD Ordinance to allow deviations from the underlying zoning allowing the following:
• Lot Size: The O zone requires a minimum lot size of 8,000 square feet and the proposed subdivision would result in lots with areas of 11,906 square feet (Parcel A) and 5,793 square feet (Parcel B).
• Lot Coverage: The existing residence would be located on new Parcel A, following subdivision. The lot coverage for Parcel A would be 40.3 percent, where 40 percent is the maximum allowed in the O zone. Similarly, the proposed residence on Parcel B would have a lot coverage of 42.6 percent, exceeding the limitations of the zone. • FAR Standards: The existing residence would be located on new Parcel A, following subdivision. The FAR of the existing residence would be 0.30 (3,621 square feet), where
0.27 (3,248 square feet) is the maximum allowed for a single-family residence located in a nonresidential zone. Similarly, the proposed residence on Parcel B would have a FAR of
0.34 (1,946 square feet), where 0.27 (1,543 square feet) is the maximum allowed for a single-family residence located in a nonresidential zone. • Setbacks: The proposed residence on Parcel B would include reduced setbacks.
Required consistency with the Town’s General Plan:
■ That the amendment to the Planned Development Overlay is consistent with the 2040 General Plan and its Elements and with the 2020 Land Use and Community Design Elements, including but not limited to Policies LU-1.3, LU-1.4, LU-6.7, LU-6.8, LU-7.3, LU-7.4, CD-1.2, CD3.1, and CD-4.3; and that the amendment to the Planned Development Overlay zoning is consistent with the existing General Plan designation.
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.
Instead, the Planning Commission makes the following affirmative findings:
a. That the proposed map is consistent with all elements of the General Plan. b. That the design and improvement of the proposed subdivision is consistent with all elements of the General Plan.
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.
f. That the design of the subdivision and type of improvements is not likely to cause serious
ITEM NO. 14.
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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 compliance with the applicable sections of the Hillside Development Standards and Guidelines:
■ The project complies with the applicable sections of the Hillside Development Standards and Guidelines for a property with an average of 10 percent or greater, except for the requested modification to the performance standards in the PD Ordinance to allow deviations from applicable sections of the HDS&G allowing the following:
• LRDA: The proposed residence on Parcel B would include portions of the structure located outside of the LRDA.
• Driveway Slope: The proposed driveway serving Parcel B includes a portion with a maximum slope of 17.5 percent, where a maximum 15 percent slope is the standard in the HDS&G.
Required compliance with the Residential Design Guidelines:
■ The project is in compliance with the Residential Design Guidelines for single family residences not in hillside areas. The project was reviewed by the Town’s Consulting Architect for compliance with the Town’s Residential Design Guidelines. The Consultant noted that the proposed house is well sited to respond to the constraints of the site. The applicant provided a response to the Consultant’s recommendations justifying the proposed design and materials.
CONSIDERATIONS
Required considerations in review of Architecture and Site applications:
■ As required by Section 29.20.150 of the Town Code, the considerations in review of an Architecture and Site application were all made in reviewing this project.
ITEM NO. 14.
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ITEM NO. 14.
ORDINANCE
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AMENDING PLANNED DEVELOPMENT ORDINANCE 1412 PROVIDING
ADDITIONAL PERFORMANCE STANDARDS SPECIFIC TO ONE LOT
ADDRESSED AS 120 OAK MEADOW DRIVE (APN 529-10-131)
RELATING TO SUBDIVISION OF SAID LOT INTO TWO LOTS,
CONSTRUCTION OF A SINGLE-FAMILY RESIDENCE,
SITE IMPROVEMENTS REQUIRING A GRADING PERMIT, LOT SIZE,
LOT COVERAGE, SETBACKS, DRIVEWAY SLOPE, AND
BUILDINGS LOCATED OUTSIDE OF THE LEAST RESTRICTIVE
DEVELOPMENT AREA AND
REPEALING PLANNED DEVELOPMENT ORDINANCE 1412
THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN
AS FOLLOWS:
SECTION I
The Zoning Ordinance of the Town of Los Gatos is hereby amended to change the zoning of the property shown on the map which is attached hereto marked Exhibit A and is a part of this ordinance, to include new Planned Development (PD) regulations under the zone O-PD (Office-Planned Development).
SECTION II
Uses and Improvements Authorized
The Planned Development Overlay zone established by Ordinance 1412 authorized the following construction and use of improvements and remain in effect with this ordinance:
1. Demolition of an existing one-story residential structure.
2. Conversion of an existing two-story medical office structure into a residential townhouse unit.
3. Construction of 10 two-story residential townhouse units.
4. Landscaping, parking, and limited tree removal as may be granted under precise plan approval.
5. For that area within the boundary of the townhouse complex as shown on the Draft Ordinance: subject to modification
by Town Council based on deliberations
and direction
EXHIBIT 3 Page 396
ITEM NO. 14.
Official Development Plan, the uses are those specified in the R-M (Multiple Family Residential) zone by Sections 29.040.610 (Permitted Uses) and 29.40.615 (Conditional Uses) of the Zoning Ordinance (as those sections exist at the time of the adoption of this ordinance or as they may be amended in the future). However, no use listed in Section 29.40.615 is allowed unless specifically authorized by this ordinance or by conditional use permit.
In addition to the foregoing construction and use of improvements authorized by Ordinance 1412, the amended Planned Development Overlay zone established by this ordinance authorizes the following construction and use of improvements as shown on the Official Development Plan:
6. Subdivision of one 17,699 square-foot lot addressed as 120 Oak Meadow Drive (APN 529-10-131) into two lots consisting of Parcel A (11,906 square feet) and Parcel B (5,793 square feet);
7. Lot coverage of 40.3 percent on Parcel A;
8. Floor Area Ratio of 0.30 (3,621 square feet) on Parcel A;
9. Construction of a single-family residence and site improvements requiring a grading permit on Parcel B.
10. Lot coverage of 42.6 percent on Parcel B;
11. Floor Area Ratio of 0.34 (1,946 square feet) on Parcel B;
12. Reduced setbacks for the single-family residence on Parcel B of no less than:
Front: 6 feet
Rear: 7 feet
Side (north): 3 feet
13. Portions of the single-family residence on Parcel B as shown on the Official Development Plan located in the Least Restrictive Development Area as defined by the Hillside Development Standards and Guidelines;
14. A driveway serving Parcel B with a maximum slope of 17.5 percent.
ITEM NO. 14.
SECTION III
Compliance with Other Development Standards
For that area within the boundary of the townhouse complex as shown on the Official Development Plan the development standards of the Town Code Sections 29.40.640 and
29.40.645 shall apply. All general provisions in Article 3 of the Zoning Ordinance apply, and the provision of Chapters Article IV, Residential Zones and Article V, Nonresidential Zones of the Zoning Ordinance apply to the residential and nonresidential portion of the Planned Development respectively except when the Official Development Plan specifically shows otherwise.
SECTION IV
Permits
Architecture and Site Approval, Subdivision Approval, recordation of the Parcel Map, and issuance of all required permits is required before construction work for the single-family residence on Parcel B as shown in the Official Development Plan.
SECTION V
Official Development Plan
The attached Exhibit A (Map), Exhibit B (Site Plan), Exhibit C (Unit A Plan), Exhibit D (Unit B Plan), Exhibit E (Tentative Map), Exhibit F (Civil Plans for Parcel B), and Exhibit G (Architectural Plans for Parcel B), are part of the Official Development Plan.
SECTION VI
Performance Standards
The Planned Development Overlay zone established by Ordinance 1412 provided for the following performance standards and remain in effect with this ordinance:
1. The applicant shall dedicate sanitary and storm sewer easements, to the satisfaction of the Town Engineer.
2. The applicant shall guarantee, by contract and bond, the following improvements, to the satisfaction of the Town Engineer:
ITEM NO. 14.
3. A 20-foot curb-to-curb roadway (with narrower sections where necessary to avoid significant tree growth) including curb and gutters and paving, from Roberts Road to Forrest Avenue.
4. Sanitary and storm sewers as required.
5. The applicant shall provide a final grading, drainage and traffic circulation plan, to the satisfaction of the Town Engineer.
6. If any indication of archeological remains are encountered during construction activities, all such activities should cease immediately until a qualified archeologist can ascertain. the nature of the discovery and recommend mitigation if necessary.
SECTION VII
This Ordinance was introduced at a regular meeting of the Town Council of the Town of Los Gatos on __________, and adopted by the following vote as an ordinance of the Town of Los Gatos at a meeting of the Town Council of the Town of Los Gatos on __________, and becomes effective 30 days after it is adopted.
COUNCIL
MEMBERS: AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ITEM NO. 14.
PLANNING COMMISSION – July 24, 2024
CONDITIONS OF APPROVAL
120 Oak Meadow Drive
Subdivision Application M-20-011
Architecture and Site Application S-22-021
Requesting Approval for Subdivision of One Lot into Two Lots, Modification of Planned Development Ordinance 1412, Construction of a Single-Family Residence, and Site Work Requiring a Grading Permit on Property Zoned O:PD. APN 529-10- 131. Categorically Exempt Pursuant to CEQA Guidelines Sections 15315: Minor Land Divisions; 15303: New Construction; and 15304: Minor Alterations to Land.
Property Owners: Marty and Penny McFarland
Applicants: Terence J. Szewczyk (M-20-011 and PD-20-002) and Jay Plett, Architect (S-22-021)
TO THE SATISFACTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT:
Planning Division
1. APPROVAL: This application shall be completed in accordance with all of the conditions of approval and in substantial compliance with the approved plans. Any changes or modifications to the approved plans and/or business operation shall be approved by the Community Development Director, DRC or the Planning Commission depending on the scope of the changes.
2. EXPIRATION: The approval will expire two years from the approval date pursuant to Section 29.20.320 of the Town Code, unless the approval has been vested.
3. 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.
4. TREE REMOVAL PERMIT: A Tree Removal Permit shall be obtained for any trees to be removed, prior to the issuance of a building or grading permit.
5. TREE REPLACEMENT: Prior to issuance of a Building Permit, the location, size, and species of all required replacement trees shall be provided on the project plans.
6. 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.
7. TREE FENCING: Protective tree fencing and other protection measures shall be placed at the drip line of existing trees prior to issuance of demolition and building permits and shall remain through all phases of construction. Include a tree protection plan with the construction plans.
8. TREE STAKING: All newly planted trees shall be double-staked using rubber tree ties.
9. FRONT YARD LANDSCAPE: Prior to issuance of a Certificate of Occupancy the front yard must be landscaped.
EXHIBIT 4
ITEM NO. 14.
10. ARBORIST REQUIREMENTS: The developer shall implement, at their cost, all recommendations identified in the Arborist Report dated December 16, 2022, 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.
11. WATER EFFICIENCY LANDSCAPE ORDINANCE: The final landscape plan shall meet the Town of Los Gatos Water Conservation Ordinance or the State Water Efficient Landscape Ordinance, whichever is more restrictive. 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.
12. STORY POLES/PROJECT IDENTIFICATION SIGNAGE: Story poles and/or project identification signage on the project site shall be removed within 30 days of approval of the Architecture & Site application.
13. 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.
14. COMPLIANCE MEMORANDUM: A memorandum shall be prepared and submitted with the building plans detailing how the Conditions of Approval will be addressed.
ITEM NO. 14.
Building Division
15. PERMITS REQUIRED: A Building Permit is required for the construction of the new singlefamily residence and attached garage. An additional Building Permit will be required for the PV System if the system is required by the California Energy Code.
16. 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, including locally adopted Reach Codes.
17. CONDITIONS OF APPROVAL: The Conditions of Approval must be blue lined in full on the cover sheet of the construction plans. A Compliance Memorandum shall be prepared and submitted with the building permit application detailing how the Conditions of Approval will be addressed.
18. BUILDING & SUITE NUMBERS: Submit requests for new building addresses to the Building Division prior to submitting for the building permit application process.
19. SIZE OF PLANS: Minimum size 24” x 36”, maximum size 30” x 42”.
20. 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.
21. SHORING: Shoring plans and calculations will be required for all excavations which exceed five (5) feet in depth, or which remove lateral support from any existing building, adjacent property, or the public right-of-way. Shoring plans and calculations shall be prepared by a California licensed engineer and shall confirm to the Cal/OSHA regulations.
22. FOUNDATION INSPECTIONS: A pad certificate prepared by a licensed civil engineer or land surveyor shall be submitted to the project Building Inspector at foundation inspection. This certificate shall certify compliance with the recommendations as specified in the Soils Report, and that the building pad elevations and on-site retaining wall locations and elevations have been prepared according to 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
23. TITLE 24 ENERGY COMPLIANCE: All required California Title 24 Energy Compliance Forms must be blue-lined (sticky-backed), i.e., directly printed, onto a plan sheet.
24. 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.
ITEM NO. 14.
d. A door buzzer, bell or chime shall be hard wired at primary entrance.
25. BACKWATER VALVE: The scope of this project may require the installation of a sanitary sewer backwater valve per Town Ordinance 6.50.025. Please provide information on the plans if a backwater valve is required and the location of the installation. The Town of Los Gatos Ordinance and West Valley Sanitation District (WVSD) requires backwater valves on drainage piping serving fixtures that have flood level rims less than 12 inches above the elevation of the next upstream manhole.
26. HAZARDOUS FIRE ZONE: All projects in the Town of Los Gatos require Class A roof assemblies.
27. SPECIAL INSPECTIONS: When a special inspection is required by CBC Section 1704, the Architect or Engineer of Record shall prepare an inspection program that shall be submitted to the Building Official for approval prior to issuance of the Building Permit. The Town Special Inspection form must be completely filled-out and signed by all requested parties prior to permit issuance. Special Inspection forms are available online at www.losgatosca.gov/building.
28. BLUEPRINT FOR A CLEAN BAY SHEET: The Town standard Santa Clara Valley Nonpoint Source Pollution Control Program Sheet (page size same as submitted drawings) shall be part of the plan submittal as the second page. The specification sheet is available online at www.losgatosca.gov/building.
29. 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 & 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 & PUBLIC WORKS:
Engineering Division
30. GENERAL: All public improvements shall be made according to the latest adopted Town Standard Plans, Standard Specifications and Engineering Design Standards. All work shall conform to the applicable Town ordinances. The adjacent public right-of-way shall be kept clear of all job-related mud, silt, concrete, dirt and other construction debris at the end of the day. Dirt and debris shall not be washed into storm drainage facilities. The storing of goods and materials on the sidewalk and/or the public street will not be allowed unless an encroachment permit is issued by the Engineering Division of the Parks and Public Works Department. The Owner’s representative in charge shall be at the job site during all working hours. Failure to maintain the public right-of-way according to this condition may result in the issuance of correction notices, citations, or stop work orders and the Town performing the required maintenance at the Owner’s expense.
ITEM NO. 14.
31. APPROVAL: This application shall be completed in accordance with all the conditions of approval listed below and in substantial compliance with the latest reviewed and approved development plans. Any changes or modifications to the approved plans or conditions of approvals shall be approved by the Town Engineer.
32. CONSTRUCTION MANAGEMENT PLAN SHEET: Prior to the issuance of any grading or building permits, the Owner and/or Applicant’s design consultant shall submit a construction management plan sheet (full-size) within the plan set that shall incorporate at a minimum the Earth Movement Plan, Traffic Control Plan, Project Schedule, site security fencing, employee parking, construction staging area, materials storage area(s), construction trailer(s), concrete washout(s) and proposed outhouse locations. Please refer to the Town’s Construction Management Plan Guidelines document for additional information.
33. CONSTRUCTION PLAN REQUIREMENTS: 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.
34. PUBLIC WORKS INSPECTIONS: The Owner, Applicant and/or Developer or their representative shall notify the Engineering Inspector at least twenty-four (24) hours before starting any work pertaining to on-site drainage facilities, grading, or paving.
Failure to do so will result in penalties and rejection of any work that occurred without inspection.
35. RESTORATION OF PUBLIC IMPROVEMENTS: The Owner, Applicant and/or Developer or their representative shall repair or replace all existing improvements not designated for removal that are damaged or removed because of the Owner, Applicant and/or Developer or their representative's operations. Improvements such as, but not limited to: curbs, gutters, sidewalks, driveways, signs, pavements, raised pavement markers, thermoplastic pavement markings, etc., shall be repaired and replaced to a condition equal to or better than the original condition. Any new concrete shall be free of stamps, logos, names, graffiti, etc. Any concrete identified that is displaying a stamp or equal shall be removed and replaced at the Contractor’s sole expense and no additional compensation shall be allowed therefore. Existing improvement to be repaired or replaced shall be at the direction of the Engineering Construction Inspector and shall comply with all Title 24 Disabled Access provisions. The restoration of all improvements identified by the Engineering Construction Inspector shall be completed before the issuance of a certificate of occupancy. The Owner, Applicant and/or Developer or their representative shall request a walk-through with the Engineering Construction Inspector before the start of construction to verify existing conditions.
36. GRADING PERMIT A grading permit is required for all site grading and drainage work except for exemptions listed in Section 12.20.015 of The Code of the Town of Los Gatos (Grading Ordinance). After the preceding Architecture and Site Application has been approved by the respective deciding body and the appeal period has passed, the grading permit application with grading plans and associated required materials shall be submitted via email to the PPW engineer assigned to the A&S review. Plan check fees (determined after initial submittal) shall be sent to the Engineering Division of the Parks and Public Works Department located at 41 Miles Avenue. Unless specifically allowed by
ITEM NO. 14.
the Director of Parks and Public Works, the grading permit will be issued concurrently with the building permit. The grading permit is for work outside the building footprint(s).
Prior to Engineering signing off and closing out on the issued grading permit, the Owner’s soils engineer shall verify, with a stamped and signed letter, that the grading activities were completed per plans and per the requirements as noted in the soils report. A separate building permit, issued by the Building Department, located at 110 E. Main Street, is needed for grading within the building footprint.
37. SECURITY OF PERFORMANCE: Prior to approval of the grading permit, the applicant shall provide security for the performance of the work described and delineated on the approved grading plans. 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.
a. Bond or bonds issued by one (1) or more duly authorized corporate sureties on a form approved by the Town.
b. Deposit, with the Town, money, negotiable bonds of the kind approved for securing deposits of public monies, or other instrument of credit from one (1) 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.
38. GRADING PLAN CHECK FEES: Plan check fees associated with the Grading Permit shall be deposited with the Engineering Division of the Parks and Public Works Department prior to the commencement of plan check review.
39. INSPECTION FEES: Inspection fees shall be deposited with the Town prior to the issuance of permits or recordation of maps.
40. SITE SUPERVISION: The General Contractor shall provide qualified supervision on the job site at all times during construction.
41. DESIGN CHANGES: Any proposed changes to the approved plans shall be subject to the approval of the Town prior to the commencement of any and all altered work. The Owner’s project engineer shall notify, in writing, the Town Engineer at least seventy-two (72) hours in advance of all the proposed changes. Any approved changes shall be incorporated into the final “as-built” plans.
42. PLANS AND STUDIES: All required plans and studies shall be prepared by a Registered Professional Engineer in the State of California and submitted to the Town Engineer for review and approval. Additionally, any post-project traffic or parking counts, or other studies imposed by the Planning Commission or Town Council shall be funded by the Owner, Applicant and/or Developer.
43. DUST CONTROL: Blowing dust shall be reduced by timing construction activities so that paving and building construction begin as soon as possible after completion of grading, and by landscaping disturbed soils as soon as possible. Further, water trucks shall be present and in use at the construction site. All portions of the site subject to blowing dust shall be watered as often as deemed necessary by the Town Inspector. At a minimum, watering shall occur three (3) times daily unless the contractor applies a non-toxic soil stabilizers on all unpaved access roads, parking areas, and staging areas at construction sites in order to insure proper control of blowing dust for the duration of the project.
Watering on public streets shall not occur. Streets shall be cleaned by street sweepers or
ITEM NO. 14.
by hand as often as deemed necessary by the Town Engineer, or at least once a day.
Watering associated with on-site construction activity shall take place between the hours of 8 a.m. and 5 p.m. and shall include at least one (1) late-afternoon watering to minimize the effects of blowing dust. All public and private streets soiled or littered due to this construction activity shall be cleaned and swept on a daily basis during the workweek to the satisfaction of the Town. Demolition or earthwork activities shall be halted when wind speeds (instantaneous gusts) exceed twenty (20) miles per hour (MPH).
44. CONSTRUCTION ACTIVITIES: All construction shall conform to the latest requirements of the CASQA Stormwater Best Management Practices Handbooks for Construction Activities and New Development and Redevelopment, the Town's grading and erosion control ordinance, and other generally accepted engineering practices for erosion control as required by the Town Engineer when undertaking construction activities.
45. SILT AND MUD IN PUBLIC RIGHT-OF-WAY: It is the responsibility of Contractor and homeowner to make sure that all dirt tracked into the public right-of-way is cleaned up on a daily basis. Mud, silt, concrete and other construction debris SHALL NOT be washed into the Town’s storm drains.
46. COVERED TRUCKS: All trucks transporting materials to and from the site shall be covered.
47. GOOD HOUSEKEEPING: Good housekeeping practices shall be observed at all times during the course of construction. All construction shall be diligently supervised by a person or persons authorized to do so at all times during working hours. The Owner’s representative in charge shall be at the job site during all working hours. Failure to maintain the public right-of-way according to this condition may result in penalties and/or the Town performing the required maintenance at the Owner’s expense
48. CONSTRUCTION HOURS: All subdivision improvements and site improvements construction activities, including the delivery of construction materials, labors, heavy equipment, supplies, etc., shall be limited to the hours of 8:00 a.m. to 6:00 p.m., weekdays and 9:00 a.m. to 4:00 p.m. Saturdays. The Town may authorize, on a case-bycase basis, alternate construction hours. The Owner, Applicant and/or Developer shall provide written notice twenty-four (24) hours in advance of modified construction hours.
Approval of this request is at discretion of the Town.
49. CONSTRUCTION NOISE: Between the hours of 8:00 a.m. to 6:00 p.m. during the week and 9:00 a.m. to 4:00 p.m. on Saturdays, construction, alteration, or repair activities shall be allowed. No individual piece of equipment shall produce a noise level exceeding eightyfive (85) dBA at twenty-five (25) feet from the source. If the device is located within a structure on the property, the measurement shall be made at distances as close to twenty-five (25) feet from the device as possible. The noise level at any point outside of the property plane shall not exceed eighty-five (85) dBA.
50. WATER METER: Water meters shall be relocated within the property in question, directly inside the property line. The Owner, Applicant and/or Developer shall repair and replace to existing Town standards any portion of concrete flatwork that is damaged during this activity prior to issuance of a certificate of occupancy.
51. SANITARY SEWER CLEANOUT: Sanitary sewer cleanouts shall be relocated within the property in question, within one (1) foot of the property line per West Valley Sanitation District Standard Drawing 3, or at a location specified by the Town. The Owner, Applicant
ITEM NO. 14.
and/or Developer shall repair and replace to existing Town standards any portion of concrete flatwork within said right-of-way that is damaged during this activity prior to issuance of a certificate of occupancy.
52. PRECONSTRUCTION MEETING: Prior to issuance of any grading or building permits or the commencement of any site work, the general contractor shall:
a. Along with the Owner, Applicant and/or Developer, setup a pre-construction meeting with Eric Christianson, Senior Public Works Inspector [email protected] (408) 354-6824 to discuss the project conditions of approval, working hours, site maintenance, and other construction matters;
b. Acknowledge in writing that they have read and understand the project conditions of approval and will make certain that all project sub-contractors have read and understand them as well prior to commencing any work, and that a copy of the project conditions of approval will be posted on-site at all times during construction.
53. CONSTRUCTION VEHICLE PARKING: Construction vehicle parking within the public rightof-way will only be allowed if it does not cause access or safety problems as determined by the Town.
54. STREET/SIDEWALK CLOSURE: Any proposed blockage or partial closure of the street and/or sidewalk requires an encroachment permit. Special provisions such as limitations on works hours, protective enclosures, or other means to facilitate public access in a safe manner may be required.
55. GRADING ACTIVITY RESTRICTIONS: Upon receipt of a grading permit, any and all grading activities and operations shall not occur during the rainy season, as defined by Town Code of the Town of Los Gatos, Sec. 12.10.020, (October 15-April 15).
56. DRIVEWAY: The driveway conform with the existing pavement on Oak Meadow Drive shall be constructed in a manner such that the existing drainage patterns will not be obstructed.
57. CONSTRUCTION EASEMENT: Prior to the issuance of a grading or building permit, it shall be the sole responsibility of the Owner, Applicant and/or Developer to obtain any and all proposed or required easements and/or permissions necessary to perform the grading herein proposed. Proof of agreement/approval is required prior to the issuance of any Permit.
58. DRAINAGE STUDY: Prior to the issuance of any grading or building permits, the following drainage studies shall be submitted to and approved by the Town Engineer: a drainage study of the project including diversions, off-site areas that drain onto and/or through the project, and justification of any diversions; a drainage study evidencing that the proposed drainage patterns will not overload the existing storm drain facilities; and detailed drainage studies indicating how the project grading, in conjunction with the drainage conveyance systems (including applicable swales, channels, street flows, catch basins, storm drains, and flood water retarding) will allow building pads to be safe from inundation from rainfall runoff which may be expected from all storms up to and including the theoretical 100-year flood.
59. TREE REMOVAL: Copies of all necessary tree removal permits shall be provided prior to the issuance of a building permit. An arborist report may be necessary. Please contact
ITEM NO. 14.
Tammy Robnett-Illges, Engineering Technician at [email protected] or (408) 399-5771 for more information.
60. SURVEYING CONTROLS: Horizontal and vertical controls shall be set and certified by a licensed surveyor or registered civil engineer qualified to practice land surveying, for the following items:
a. Retaining wall: top of wall elevations and locations. b. Toe and top of cut and fill slopes.
61. RETAINING WALLS: A building permit, issued by the Building Department, located at 110 E. Main Street, may be required for site retaining walls. Walls are not approved by the Engineering Division of Parks and Public Works during the grading permit plan review process.
62. PROXIMITY OF RETAINING WALLS TO ADJACENT BUILDINGS: Prior to the issuance of a grading or building permit, structural details for the proposed retaining walls located immediately adjacent to or in the immediate vicinity of existing buildings on adjoining lots shall be submitted confirming that said walls will not negatively affect the structural integrity of these buildings.
63. PARCEL MAP: A parcel map shall be recorded. A PDF of the parcel map and all associated materials shall be submitted to the Engineering Division of the Parks and Public Works Department for review and approval. Submittal shall include closure calculations, title reports and the appropriate fee. The map shall be recorded prior to the issuance of any grading or building permits.
64. WEST VALLEY SANITATION DISTRICT: All sewer connection and treatment plant capacity fees shall be paid either immediately prior to the recordation of any subdivision maps with respect to the subject property or properties or immediately prior to the issuance of a sewer connection permit, which ever event occurs first. Written confirmation of payment of these fees shall be provided prior to map recordation.
65. DEDICATIONS: The following shall be dedicated on the parcel map by separate instrument. The dedication shall be recorded before any grading or building permits are issued:
66. Private storm drainage easement for Parcel B over Parcel A.
67. Landscape Easement for Parcel A over Parcel B.
68. GEOTECHNICAL/GEOLOGICAL ENGINEER CONSTRUCTION OBSERVATION: During construction, all excavations, grading, foundations, and retaining walls shall be inspected by the Owner’s soils engineer prior to placement of concrete and/or backfill so they can verify that the actual conditions are as anticipated in the design-level geotechnical report and recommend appropriate changes in the recommendations contained in the report, if necessary. The results of the construction observation and testing shall be documented in an “as-built” letter/report prepared by the Owner’s soils engineer and submitted to the Town before a certificate of occupancy is granted.
69. GEOTECHNICAL/GEOLOGICAL RECOMMENDATIONS: The project shall incorporate the geotechnical/geological recommendations contained in the project’s design-level geotechnical/geological investigation as prepared by the Owner’s engineer(s), and any subsequently required report or addendum. Subsequent reports or addendum are
ITEM NO. 14.
subject to peer review by the Town’s consultant and costs shall be borne by the Owner, Applicant and/or Developer.
70. SUPPLEMENTAL GEOLOGIC AND GEOTECHNICAL STUDIES: Supplemental geologic and geotechnical engineering studies may be required in support of the design of the infrastructure and the building type, and the reports and plans shall be submitted to the Town for review.
71. UTILITIES: The Owner, Applicant and/or Developer shall install all new, relocated, or temporarily removed utility services, including telephone, electric power and all other communications lines underground, as required by Town Code Section 27.50.015(b). All new utility services shall be placed underground. Underground conduit shall be provided for cable television service. The Owner, Applicant and/or Developer is required to obtain approval of all proposed utility alignments from any and all utility service providers before a Certificate of Occupancy for any new building can be issued. The Town of Los Gatos does not approve or imply approval for final alignment or design of these facilities.
72. SIGHT TRIANGLE AND TRAFFIC VIEW AREA: Any proposed improvements, including but not limiting to trees and hedges, will need to abide by Town Code Sections 23.10.080,
26.10.065, and 29.40.030.
73. FENCES: Fences between all adjacent parcels will need to be located on the property lines/boundary lines. Any existing fences that encroach into the neighbor’s property will need to be removed and replaced to the correct location of the boundary lines before a Certificate of Occupancy for any new building can be issued. Waiver of this condition will require signed and notarized letters from all affected neighbors.
74. TRAFFIC IMPACT MITIGATION FEE: Prior to the parcel map recordation, 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 Town Council resolution in effect at the time the building permit is issued. The amount based on the current resolution is $10,410.72. The final traffic impact mitigation fee for this project shall be calculated from the final plans using the current fee schedule and rate schedule in effect at the time, using a comparison between the existing and proposed uses. For more information please contact Mike Vroman, Senior Traffic Engineer [email protected] (408) 399-5777.
75. PRECONSTRUCTION PAVEMENT SURVEY: Prior to issuance of any grading or building permit, the Owner, Applicant and/or Developer shall complete a pavement condition survey documenting the extent of existing pavement defects using a smartphone video (in Landscape orientation only) or digital video camera. The survey shall extend the length of Oak Meadow Drive. The results shall be documented in a report and submitted to the Town for review.
76. POSTCONSTRUCTION PAVEMENT SURVEY: The Owner, Applicant and/or Developer shall complete a pavement condition survey to determine whether road damage occurred as a result of project construction and whether there were changes in pavement strength.
Rehabilitation improvements shall be required to restore the pavement to preconstruction conditions. The results shall be documented in a report and submitted to the Town for review and approval before a Certificate of Occupancy for any new building
ITEM NO. 14.
can be issued. The Owner, Applicant and/or Developer shall be responsible for completing any required road repairs prior to release of the faithful performance bond.
77. TRAFFIC CONTROL PLAN: A traffic control plan is required and must be submitted and approved by the Town Engineer prior to the issuance of an encroachment, grading or building permit. This plan shall include, but not be limited to, the following measures:
a. Construction activities shall be strategically timed and coordinated to minimize traffic disruption for schools, residents, businesses, special events, and other projects in the area. The schools located on the haul route shall be contacted to help with the coordination of the trucking operation to minimize traffic disruption. b. Flag persons shall be placed at locations necessary to control one-way traffic flow. All flag persons shall have the capability of communicating with each other to coordinate the operation.
c. Prior to construction, advance notification of all affected residents and emergency services shall be made regarding one-way operation, specifying dates and hours of operation.
For more information please contact Mike Vroman, Senior Traffic Engineer [email protected] (408) 399-5777.
78. HAULING OF SOIL: Hauling of soil on- or off-site shall not occur during the morning or evening peak periods (between 7:00 a.m. and 9:00 a.m. and between 4:00 p.m. and 6:00 p.m.), and at other times as specified by the Director of Parks and Public Works. Prior to the issuance of a grading or building permit, the Owner and/or Applicant or their representative shall work with the Town Building Department and Engineering Division Inspectors to devise a traffic control plan to ensure safe and efficient traffic flow under periods when soil is hauled on or off the project site. This may include, but is not limited to, provisions for the Owner and/or Applicant to place construction notification signs noting the dates and time of construction and hauling activities, or providing additional traffic control. Coordination with other significant projects in the area may also be required.
79. SHARED PRIVATE STREET: The private street accessing Project Site shall be kept open and in a safe, drive-able condition throughout construction. If temporary closure is needed, then formal written notice shall be provided at least one week in advance of closure.
80. PRIVATE STREET PAVEMENT RESTORATION: Prior to issuance of a Certificate of Occupancy for any new building, the Owner shall complete any necessary road repairs.
81. COMMON PRIVATE DRIVEWAY: The common private driveway accessing the Project Site shall be kept open and in a safe, drive-able condition throughout construction and in perpetuity after construction has been completed. If temporary closure is needed, then formal written notice shall be provided at least one (1) week in advance of closure.
82. EMERGENCY VEHICLE ACCESS: The Emergency Vehicle Access Easement (EVAE) that traverses the Project Site shall be kept open and in a safe, drive-able condition throughout construction. If temporary closure is needed, then formal written notice shall be provided at least one week in advance of closure.
83. WVSD (West Valley Sanitation District): Sanitary sewer laterals are televised by West Valley Sanitation District and approved by the Town of Los Gatos before they are used. A Sanitary Sewer Clean-out is required for each property at the property line, within one (1)
ITEM NO. 14.
foot of the property line per West Valley Sanitation District Standard Drawing 3, or at a location specified by the Town.
84. SANITARY SEWER BACKWATER VALVE: Sewer piping serving fixtures which have flood level rims less than twelve (12) inches (304.8 mm) above the elevation of the next upstream manhole and/or flushing inlet cover at the public or private sewer system serving such sewer piping shall be protected from backflow of sewage by installing an approved backwater valve. Fixtures above such elevation shall not discharge through the backwater valve, unless first approved by the Building Official. The Town shall not incur any liability or responsibility for damage resulting from a sewer overflow where the property owner or other person has failed to install a backwater valve as defined in the Uniform Plumbing Code adopted by the Town and maintain such device in a functional operation condition. Evidence of West Sanitation District’s decision on whether a backwater device is needed shall be provided prior to the issuance of a building permit.
85. BEST MANAGEMENT PRACTICES (BMPs): The Owner, Applicant and/or Developer is responsible for ensuring that all contractors are aware of all storm water quality measures and that such measures are implemented. Best Management Practices (BMPs) shall be maintained and be placed for all areas that have been graded or disturbed and for all material, equipment and/or operations that need protection. Removal of BMPs (temporary removal during construction activities) shall be replaced at the end of each working day. Failure to comply with the construction BMP will result in the issuance of correction notices, citations, or stop work orders.
86. NPDES STORMWATER COMPLIANCE: In the event that, during the production of construction drawings for the plans approved with this application by the Town of Los Gatos, it is determined that the project will create and/or replace more than 2,500 square feet of impervious area, completion of the NPDES Stormwater Compliance Small Projects Worksheet and implementation of at least one of the six low impact development site design measures it specifies shall be completed and submitted to the Engineering Division before issuance of a grading/building permit.
87. INFILTRATION BASIN: The following requirements apply to the proposed infiltration basins:
a. Prior to completion of the Final Stormwater Control Plan, a geotechnical engineer shall review the design of the infiltration basin and determine whether additional structural supports are needed to ensure stability of the road and the adjacent hillside during the wet season.
b. The assumed infiltration rate shall be verified with actual site-specific soils data prior to the Final Stormwater Control Plan for the road and development, and if the infiltration rate is lower than expected, a hydrologic analysis shall be conducted to ensure that the proposed trench sizes are adequate.
c. The road and infiltration trenches shall be protected from sediment generated during construction of homes on the lots. The proposed source control measures shall be indicated on the project plans.
d. Maintenance of stormwater treatment and the infiltration trenches shall be the responsibility of the property owner and/or future property owners.
ITEM NO. 14.
88. UNLAWFUL DISCHARGES: It is unlawful to discharge any wastewater, or cause hazardous domestic waste materials to be deposited in such a manner or location as to constitute a threatened discharge, into storm drains, gutters, creeks or the San Francisco Bay.
Unlawful discharges to storm drains include, but are not limited to: discharges from toilets, sinks, industrial processes, cooling systems, boilers, fabric cleaning, equipment cleaning, or vehicle cleaning.
89. EROSION CONTROL: Interim and final erosion control plans shall be prepared and submitted to the Engineering Division of the Parks and Public Works Department. A maximum of two (2) weeks is allowed between clearing of an area and stabilizing/building on an area if grading is allowed during the rainy season. Interim erosion control measures, to be carried out during construction and before installation of the final landscaping, shall be included. Interim erosion control method shall include, but are not limited to: silt fences, fiber rolls (with locations and details), erosion control blankets, Town standard seeding specification, filter berms, check dams, retention basins, etc.
Provide erosion control measures as needed to protect downstream water quality during winter months. The Town of Los Gatos Engineering Division of the Parks and Public Works Department and the Building Department will 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.
90. AIR QUALITY: To limit the project’s construction-related dust and criteria pollutant emissions, the following the Bay Area Air Quality Management District (BAAQMD)- recommended basic construction measures shall be included in the project’s construction management plan, grading plan, building plans, and contract specifications:
a. All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered three times per day, or otherwise kept dustfree. b. All haul trucks designated for removal of excavated soil and demolition debris from site shall be staged off-site until materials are ready for immediate loading and removal from site.
c. All haul trucks transporting soil, sand, debris, or other loose material off-site shall be covered.
d. As practicable, all haul trucks and other large construction equipment shall be staged in areas away from the adjacent residential homes.
e. All visible mud or dirt track-out onto adjacent public roads shall be removed using wet power vacuum street sweepers at least once per day, or as deemed appropriate by Town Engineer. The use of dry power sweeping is prohibited. An on-site track-out control device is also recommended to minimize mud and dirt-track-out onto adjacent public roads.
f. All vehicle speeds on unpaved surfaces shall be limited to fifteen (15) miles per hour. g. All driveways and sidewalks to be paved shall be completed as soon as possible.
Building pads shall be laid as soon as possible after grading unless seeding or soil binders are used.
h. Post a publicly visible sign with the telephone number and person to contact at the lead agency regarding dust complaints. This person shall respond and take corrective
ITEM NO. 14.
action within forty-eight (48) hours. The Air District’s phone number shall also be visible to ensure compliance with applicable regulations. Please provide the BAAQMD’s complaint number on the sign: 24-hour toll-free hotline at 1-800-334- ODOR (6367).
i. All excavation, grading, and/or demolition activities shall be suspended when average wind speeds exceed twenty (20) miles per hour.
j. Vegetative ground cover (e.g., fast-germinating native grass seed) shall be planted in disturbed areas as soon as possible and watered appropriately until vegetation is established.
91. DETAILING OF STORMWATER MANAGEMENT FACILITIES: Prior to the issuance of any grading or building permits, all pertinent details of any and all proposed stormwater management facilities, including, but not limited to, ditches, swales, pipes, bubble-ups, dry wells, outfalls, infiltration trenches, detention basins and energy dissipaters, shall be provided on submitted grading plans, reviewed by the Engineering Division of the Parks and Public Works Department, and approved for implementation.
92. WATER FEATURES: New swimming pools, hot tubs, spas and/or fountains shall have a connection to the sanitary sewer system, subject to West Valley Sanitation District’s authority and standards, to facilitate draining events. Discharges from this/these feature(s) shall be directed to the sanitary sewer and are not allowed into the storm drain system.
93. SITE DRAINAGE: Rainwater leaders shall be discharged to splash blocks. No through curb drains will be allowed. On-site drainage systems for all projects shall include one of the alternatives included in section C.3.i of the Municipal Regional NPDES Permit. These include storm water reuse via cisterns or rain barrels, directing runoff from impervious surfaces to vegetated areas, and use of permeable surfaces. No improvements shall obstruct or divert runoff to the detriment of an adjacent, downstream or down slope property.
94. PAYMENT OPTIONS:
a. All payments regarding fees and deposits can be hand delivered or mailed to:
Town of Los Gatos PPW – Attn: Engineering Dept
41 Miles Avenue
Los Gatos, CA 95030
Checks must be made out to “Town of Los Gatos” and should include the project address and application number on memo/note line.
TO THE SATISFACTION OF THE SANTA CLARA COUNTY FIRE DEPARTMENT:
95. GENERAL: Review of this Developmental proposal is limited to acceptability of site access, water supply and may include specific additional requirements as they pertain to fire department operations, and shall not be construed as a substitute for formal plan review to determine compliance with adopted model codes. Prior to performing any work, the applicant shall make application to, and receive from, the Building Department all applicable construction permits.
ITEM NO. 14.
96. FIRE SPRINKLERS REQUIRED: (As Noted on Sheet A1) 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. 1. An automatic sprinkler system shall be provided throughout all new buildings and structures, other than Group R occupancies, except as follows: a. Buildings and structures not located in any Wildland-Urban Interface and not exceeding 1,200 square feet of fire area. b. Buildings and structures located in any Wildland-Urban Interface Fire Area and not exceeding 500 square feet of fire area. c. Group S-2 or U occupancies, including photovoltaic support structures, used exclusively for vehicle parking which meet all of the following: i. Noncombustible construction. ii. Maximum 5,000 square feet in building area. iii. Structure is open on not less than three (3) sides nor 75% of structure perimeter. iv. Minimum of 10 feet separation from existing buildings, or similar structures, unless area is separated by fire walls complying with California Building Code 706. d. Canopies, constructed in accordance weather protection of vehicle fueling pads per CBC 406.7.1 and not exceeding 5,000 square feet of fire area. 2. An automatic sprinkler system shall be installed throughout all new buildings with a Group R fire area.
Exception: Accessory Dwelling Unit, provided that all of the following are met: a. The unit meets the definition of an Accessory Dwelling Unit as defined in the Government Code Section 65852.2. b. The existing primary residence does not have automatic fire sprinklers. c. The accessory dwelling unit does not exceed 1,200 square feet in size. d. The unit is on the same lot as the primary residence. e. The unit meets all apparatus access and water supply requirements of Chapter 5 and Appendix B of the 2022 California Fire Code. 3. An approved automatic fire sprinkler system shall be installed in new manufactured homes (as defined in California Health and Safety Code Sections 18007 and 18009) and multifamily manufactured homes with two dwelling units (as defined in California Health and Safety Code Section 18008.7) in accordance with Title 25 of the California Code of Regulations. 4. An automatic sprinkler system shall be installed throughout existing buildings with a Group R fire area when additions are made causing the fire area to exceed 3,600 square feet. Exception: Additions where all of the following are met: a. Building addition does not exceed 500 square feet. b.The resultant structure meets all water supply requirements of Chapter 5 and Appendix B of the 2022 California Fire Code. 5. An automatic sprinkler system shall be provided throughout existing Group A, B, E, F, L, M, S and U buildings and structures, when additions are made that increase the fire area to more than 3,600 square feet or that create conditions described in Sections 903.2.1 through 903.2.18. 6. Any change in the character of occupancy or in use of any building with a fire area equal to or greater than 3,600 square feet which, in the opinion of the fire code official or building official, would place the building into a more hazardous division of the same occupancy group or into a different group of occupancies and constitutes a greater degree of life safety 1 or increased fire risk 2 , shall require the installation of an approved fire automatic fire sprinkler system.
ITEM NO. 14.
97. REQUIRED FIRE FLOW: (Letter received) The minimum require fireflow for this project 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]
98. FIRE APPARATUS (ENGINE)ACCESS ROADWAY REQUIRED: (As Noted on road study with a compliance roadway from Blossom Hill Rd to Forrest ave) 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.
99. WATER SUPPLY REQUIREMENTS: (As Noted on Sheet A-1) Potable water supplies shall be protected from contamination caused by fire protection water supplies. It is the responsibility of the applicant and any contractors and subcontractors to contact the water purveyor supplying the site of such project, and to comply with the requirements of that purveyor. Such requirements shall be incorporated into the design of any waterbased 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.
100. ADDRESS IDENTIFICATION: (As Noted on Sheet A-1) 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 4 inches (101.6 mm) 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. 101. CONSTRUCTION SITE FIRE SAFETY: (As Noted on Sheet A-1) 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.
102. GENERAL: 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]
ITEM NO. 14.
ORDINANCE NO. 141
AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE
ZONING ORDINANCE EFFECTING ZONE CHANGE NO. 25
FROM 0 TO 0 -PD
The Town Council of the Town of Los Gatos does ordain:
SECTION 1.
The Zoning Ordinance of the Town of Los Gatos is hereby amended to change the zoning of the property shown on the map which is attached hereto marked Exhibit A and is a part of this ordinance, from 0 ( Office) to 0 -PD (Office - Planned Development) .
SECTION 2.
Uses and Improvements Authorized
The PD ( Planned Development Overlay) zone established by this ordinance authorizes the following construction and use of improvements:
1. Demolition of an existing one story residential structure.
2. Conversion of an existing two -story medical office structure into a residential townhouse unit.
3. Construction of 10 two -story residential townhouse units.
4. Landscaping, parking, and limited tree removal as may be granted under precise plan approval.
5. For that area within the boundary of the townhouse complex as shown on the Official Development Plan, the uses are those specified in the R -M (Multiple Family Residential) zone by Sections 4. 02032.
Permitted Uses) and 4. 030 ( 32. Conditional Uses) of the Zoning Ordinance ( as those sections exist at the time of the adoption of this ordinance or as they may be amended in the future). However, no use listed in Section 4. 03032. is" allowed unless specifically authorized by this ordinance or by conditional use permit.
SECTION 3.
Compliance With Other Development Standards
For that area within the boundary of the townhouse complex as shown on the Official Development Plan the development standards of the Zoning Ordinance Section 080 4.32. and 4. 09032. shall apply. All general provisions in Article 3 of the Zoning Ordinance apply, and the provision of Chapters 4.10 and 4.40 of the Zoning Ordinance apply to the residential and nonresidential portion of the EXHIBIT 5
ITEM NO. 14.
Planned Development respectively except when the Official Development Plan specifically shows otherwise.
SECTION 4.
Permits
No construction permits shall issue in a manner complying with the requirements of Section 4. 12082. of the Zoning Ordinance.
SECTION 5.
Official Development Plan
The Official Development Plan for this Planned Development Overlay Zone consists of this ordinance and Exhibits B through D which are a part of this ordinance.
SECTION 6.
Performance Standards
In addition to the foregoing exhibits, the following performance standards are part of the Official Development Plan and must be complied with before issuance of any grading or construction permits.
1. The applicant shall dedicate sanitary and storm ' sewer easements, to the satisfaction of the Town Engineer.
2. The applicant shall guarantee, by contract and bond, the following improvements, to the satisfaction of the Town Engineer:
a. A 20 foot curb -to -curb roadway ( with narrower sections where necessary to avoid significant tree growth) including curb and gutters and paving, from Roberts Road to Forrest Avenue. b. Sanitary and storm sewers as required.
3. The applicant shall provide a final grading, drainage and traffic circulation plan, to the satisfaction of the Town Engineer.
4. If any indication of archeological remains are encountered during construction activities, all such activities should cease immediately until a qualified archeologist can ascertain. the nature of the discovery and recommend mitigation if necessary.
SECTION 7.
This ordinance takes effect 30 days after the date it is adopted. Within 15 days after this ordinance is adopted the Town Clerk shall cause it to be published once in a newspaper of general circulation published and circulated in the Town.
2-
ITEM NO. 14.
This ordinance was introduced at a regular meeting of the Town Council of the Town of Los Gatos on Nov ember 20th, 1978 , and adopted by the following vote as an ordinance of the Town of Los Gatos at a regular meeting of the Town Council on December 4th, 1978
AYES: COUNCIL MEMBERS Ruth Cannon,Thomas J. Ferrito John B.
Lochner, Peter W. Siemens and Mardi Gualtieri
NOES: COUNCIL MEMBERS None
ABSTAIN: COUNCIL MEMBERS None
ABSENT: COUNCIL MEMBERS None
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
ATTEST:
ASST CLERK OF THE TOWN OF LOS GPPTOS
3-
ITEM NO. 14.
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ITEM NO. 14.
ITEM NO. 14.
ITEM NO. 14.
July 19, 2024
Job No. 20-207(rev 2)
Sean Mullin - Senior Planner
Town of Los Gatos - Community Development Department
110 E. Main Street
Los Gatos, CA 95030
Subject: 120 Oak Meadow Drive -- Letter of Justification Dear Mr. Mullin,
The proposed deviations from the Office Zoning Code for FAR, Lot Size, & setbacks of the new lot and residence are minor compared to the already built townhouse units of the PD Zoned project.
In response to your July 16, 2024 request, we address the deviations as follows (our reply is in bold-italicized text):
A) Parcel A - FAR The existing historic residence is 400 SF over in size is insignificant as compared to Lot 7 where a 1906 SF townhome sits on a 3,059 SF lot for an FAR of 0.62
B) Parcel B: Lot area is 5249 SF where 8,000 SF is required by zoning. Again, the existing townhouse lot sizes are 3,350 SF, 3163 SF, & 3,059 SF.
C) Parcel B: FAR exceeds zoning standards - this is irrelevant compared to B above.
D) Parcel B: Reduced setbacks are larger than the various zero setbacks of the townhouses.
Parcel A:
a) Parcel A proposed lot coverage of 4,800 sf (40.3%) (as indicated on Sheet C-1) exceeds the allowable lot coverage of 4,762 sf (40.0%) by merely 38 sf.
Parcel B:
a) Parcel B has a lot area of 5,793 sf, where 8,000 sf is required by the zoning. However, 1776 TECHNOLOGY DRIVE, SAN JOSE, CA 95110
408-452-9300 MAIN 408-837-7550 FACSIMILE
WWW.TSCIVIL.COM
ITEM NO. 14.
Sean Mullin - Senior Planner
Job No. 20-207
July 19, 2024(rev2)
by comparison, at least three of the townhouse lots are just under 3100 sf. b) Parcel B reduced setbacks for residence with attached garage:
Required Proposed
Front 25 6
Rear (through lot) 25 7
Side 10 3
It should be noted that many of the townhouse units have zero setbacks. c) Parcel B proposed lot coverage of 2,470 sf (42.6%) exceeds the allowable lot coverage of 2,317 sf (40%) by 153 sf.
d) Parcel B a portion of the proposed residence (approximately 36 sf) is located outside the least restrictive development area.
e) Parcel B driveway slope of 17.5% exceeds maximum allowed by the Hillside Development Standards and Guidelines of 15%. Were we to comply with 15% the garage slab would be 2’ lower and the cut and fill guidelines would be violated with an excessive cut at the 32” oak tree near the driveway bridge. The fire dept will not use this driveway but they do allow up to q 20% slope.
In summary, the 1979 PD Zoning was well intended to provide a creative buffer and transition from medical office to residential uses on this tree studded site. The residential unit types were stylish at that time, with high vaulted ceilings and triangular architectural components built with woodsy and natural exterior materials. Setbacks, FAR, & lot sizes were all ignored in the unit designs. These appear to have been approved within the era when the Town used Planned Development Zoning to avoid compliance with the base zoning district standards. Back then, it was considered progressive and artsy to design clustered townhomes. and “Z” lots. 1776 TECHNOLOGY DRIVE, SAN JOSE , CA 95110
408-452-9300 MAIN 408-452-9301 FACSIMILE
WWW.TSCIVILENG.COM
ITEM NO. 14.
Sean Mullin - Senior Planner
Job No. 20-207
July 19, 2024(rev2)
Best regards,
TS/CIVIL ENGINEERING, INC.
Terence J. Szewczyk, P.E. C35527
Principal Engineer
1776 TECHNOLOGY DRIVE, SAN JOSE , CA 95110
408-452-9300 MAIN 408-452-9301 FACSIMILE
WWW.TSCIVILENG.COM
ITEM NO. 14.
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ITEM NO. 14.
JA/FLEET
McFARLAND
120 OAK MEADOW DRIVE
LOS GATOS, CA 95032
PROJECT DESCRIPTION
TO: TOWN OF LOS GATOS
FROM: JAY PLETT ARCHITECT
THE PROJECT IS A PROPOSAL FOR A NEW HOME IN AN
EXISTING PD WITHIN A NEIGHBORHOOD OF MIXED USES -
CONDO/TOWNHOMES, SINGLE FAMILY RESIDENTIAL AND
PROFESSIONAL OFFICES. THE OWNER HAS LIVED IN THE
ADJACENT HOME FOR 31 YEARS AND INTENDS THIS HOME FOR
HIS DAUGHTERS USE.
EARLY IN THE PROCESS, THE TOWNHOME NEIGHBORS WERE
CONSULTED REGARDING THE PLANNED HOME. THEY
EXPESSED THAT THEY WOULD PREFER THE HOME BE
ACCESSED FROM BELOW, RATHER THAN THRU THE HOA
PARKING AREA AND THAT THE BRICK FENCE BE RETAINED.
THIS PREFERENCE IS INTEGRATED INTO OUR PROPOSAL.
THE McFARLANDS LOVE THE ENVIRONMENT AND ITS
BEAUTIFUL OAK TREES. THEY GO TO GREAT LENGTH TO
CARE AND NURTURE THE TREES - AND THIS IS WHERE THE
DESIGN BEGINS. MARTY WANTED AS MANY TREES AS
POSSIBLE TO BE SAVED AND PROTECTED. OUR FIRST STEP
WAS TO CONSULT WITH A LICENSED ARBORIST TO
ESTABLISH THE PERMISSIBLE PROXIMITY OF THE NEW
STRUCTURE TO EACH OF THE TREES SURROUNDING THE
HOUSE ON THE SIDE. THESE LIMITS BECAME OUR BUILDING
ENVELOPE FOR THE HOME AND GARAGE. WE WILL
CANTILEVER OR BRIDGE PARTS OF THE DRIVEWAY AND
GARAGE TO FLOAT OVER THE ROOT ZONE OF TREE #103.
THE BELOW GRADE AREA HAS BEEN LIMITED IN SCOPE TO
NOT ENCROACH MORE THAN RECOMMENDED TO TREE #101.
THE UPPER PORTION OF THE HOME WILL BE ON A PIER AND
GRADE BEAM TYPE FOUNDATION, AVOIDING THE ROOTS OF
TREES #103 AND #102.
EXHIBIT 7
ITEM NO. 14.
JA/FLEET
McFARLAND
120 OAK MEADOW DRIVE
LOS GATOS, CA 95032
PROJECT DESCRIPTION-CONT
THE STYLE OF THE HOME IS ECLECTIC – IT RELATES TO
THE FORMS OF ITS COMPANION HOUSE, FORM AND
MATERIALS OF THE ADJACENT TOWNHOMES, AND THE
MATERIALS OF THE 60’S MODERN ADJACENT OFFICE
BUILDINGS. WE HAVE CHOSEN A MIX OF MATERIALS
APPLIED IN TRADITIONAL STYLES, COLORCOAT CEMENT
PLASTER OF AN EARTHY COLOR AND WOOD SIDING
COMPLIMENTING THE NEIGHBORING ARCHITECTURE. UNDER
THE OAK TREES, THE CEMENT PLASTER WILL BE OF
LOW MAINTENANCE AND MAINTAIN ITS ATTRACTIVENESS.
THE WOOD SIDING REFLECTS THAT OF ITS NEIGHBORS.
MUCH THOUGHT, CARE AND CONCERN WAS EMPLOYED IN
THIS DESIGN TO ENSURE IT TAKES NEIGHBOR FEEDBACK
INTO ACCOUNT AND BLENDS AMICABLY WITH THE
NEIGHBORHOOD, AND PRESERVES THE SITE’S TREES.
BEST REGARDS,
JAY PLETT ARCHITECT
ITEM NO. 14.
EXHIBIT 8
ITEM NO. 14.
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ITEM NO. 14.
JA/FLEET
McFARLAND
120 OAK MEADOW DRIVE
LOS GATOS, CA 95032
JUSTIFICATION FOR TERRACE
TO: TOWN OF LOS GATOS
FROM: JAY PLETT ARCHITECT
ABOVE GARAGE TERRACE
THERE IS NO PRIVACY IMACTS TO NEIGHBORS. THE
TERRACE IS SETBACK 65 FEET TO 12O OAK MEADOW AND
THE OTHER ADJACENT PROPERTIES ARE OF OFFICE USE
WITH 30 AND 85 FOOT SETBACKS. NATURAL VEGETATION
AND TREES, NOT TO BE DISTURBED, PROVIDE PRIVACY
SCREENING.
EXHIBIT 9 Page 434
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ITEM NO. 14.
May 10, 2022
Mr. Sean Mullin
Community Development Department
Town of Los Gatos
110 E. Main Street
Los Gatos, CA 95031
RE: 120 Oak Meadow Drive
Dear Sean:
I reviewed the drawings and evaluated the site context. My comments and recommendations are as follows:
NEIGHBORHOOD CONTEXT
The site is located on a newly created flag lot in a heavily wooded,sloping site surrounded by mostly two story homes with traditional architectural styles. Photos of the site and surrounding neighborhood context are shown on the following page.
Response to Canon Design Group. Also, see our Project Design Description.
EXHIBIT 10
ITEM NO. 14.
120 Oak Meadow Drive
Design Review Comments
May 10, 2022 Page 2
THE SITE
ITEM NO. 14.
120 Oak Meadow Drive
Design Review Comments
May 10, 2022 Page 3
PROJECT OVERVIEW
The proposed three story house is designed in a hybrid Traditional style. See proposed elevations and sections below.
PROPOSED FRONT ELEVATION (Entry)
PROPOSED LEFT SIDE ELEVATION (Parking Area Above) PROPOSED RIGHT SIDE ELEVATION (Entry Access Road Below)
PROPOSED CROSS SECTION
PROPOSED LONGITUDINAL SECTION
PROPOSED REAR ELEVATION (Adjacent Neighbor to right)
ITEM NO. 14.
120 Oak Meadow Drive
Design Review Comments
May 10, 2022 Page 4
ISSUES AND CONCERNS
This is a difficult site requiring working around the existing large trees, and the applicant has done a good job in fitting the house to the site. I have only a couple of issues for staff’s consideration.
1. The large amount of stucco compared to the proposed vertical siding would be out of character to this neighborhood and not consistent with Residential Design Guideline 3.8.2. There are many types of materials in the neighborhood structures; plaster among them like the building across the street.
3.8.2 Select materials that are sensitive to the surrounding neighborhood • One way of fitting a new house into an existing neighborhood - especially if the new house is bigger than many of the others around it - is to use materials drawn from the surrounding neighborhood. An all stucco house might seem out of character in an all wood neighborhood, but the predominant use of wood siding with some elements of stucco can often work. Where stone accents (e.g., chimneys) are common in a neighborhood, the use of stone at the wall base and elsewhere can assist in making the new home seem better connected to its surroundings. Stone is not an appropriate application for this. A good portion of the driveway and garage float like a bridge to protect the tree root zones. Stone does not 'Float'.
2. The small areas of wood siding on the front and rear elevations is awkward, and the materials change in the same plane which would not be consistent with Residential Design Guideline 3.8.4.
3.8.4 Materials changes The location of the material is consistent with the style of this house, which is mountain rustic/farmhouse.
• Make materials and color changes at inside corners rather than outside corners to avoid a pasted on look.
ITEM NO. 14.
120 Oak Meadow Drive
Design Review Comments
May 10, 2022 Page 5
RECOMMENDATIONS
1. Reduce the large amount of stucco on the house by extending the vertical siding consistently down to the first floor line. See prior response.
2. Use brick or stone for the building base below the first floor line or continue the use of vertical siding in this area.
The adjacent existing home on this larger parcel has a prominent brick base - see photo below. If brick or stone is used, provide a projecting brick or stone ledge at the transition with any vertical sid-ing. If vertical siding is used, add a horizontal belly band to break up taller wall planes. Horizontal belly band is not appropriate for this home. If we were transitioning from one wood above and another type of wood below, then a belly band might be appropriate, but ours is not the case. In this case, a belly band is not warranted or desirable.
ITEM NO. 14.
120 Oak Meadow Drive
Design Review Comments
May 10, 2022 Page 6
Sean, please let me know if you have any questions, or if there are other issues that I did not address.
Sincerely,
CANNON DESIGN GROUP
Larry L. Cannon
ITEM NO. 14.
May 10, 2022
Mr. Sean Mullin
Community Development Department
Town of Los Gatos
110 E. Main Street
Los Gatos, CA 95031
RE: 120 Oak Meadow Drive
Dear Sean:
I reviewed the drawings and evaluated the site context. My comments and recommendations are as follows:
NEIGHBORHOOD CONTEXT
The site is located on a newly created flag lot in a heavily wooded,sloping site surrounded by mostly two story homes with traditional architectural styles. Photos of the site and surrounding neighborhood context are shown on the following page.
Response to Canon Design Group. Also, see our Project Design Description.
EXHIBIT 11
ITEM NO. 14.
120 Oak Meadow Drive
Design Review Comments
May 10, 2022 Page 2
THE SITE
ITEM NO. 14.
120 Oak Meadow Drive
Design Review Comments
May 10, 2022 Page 3
PROJECT OVERVIEW
The proposed three story house is designed in a hybrid Traditional style. See proposed elevations and sections below.
PROPOSED FRONT ELEVATION (Entry)
PROPOSED LEFT SIDE ELEVATION (Parking Area Above) PROPOSED RIGHT SIDE ELEVATION (Entry Access Road Below)
PROPOSED CROSS SECTION
PROPOSED LONGITUDINAL SECTION
PROPOSED REAR ELEVATION (Adjacent Neighbor to right)
ITEM NO. 14.
120 Oak Meadow Drive
Design Review Comments
May 10, 2022 Page 4
ISSUES AND CONCERNS
This is a difficult site requiring working around the existing large trees, and the applicant has done a good job in fitting the house to the site. I have only a couple of issues for staff’s consideration.
1. The large amount of stucco compared to the proposed vertical siding would be out of character to this neighborhood and not consistent with Residential Design Guideline 3.8.2. There are many types of materials in the neighborhood structures; plaster among them like the building across the street.
3.8.2 Select materials that are sensitive to the surrounding neighborhood • One way of fitting a new house into an existing neighborhood - especially if the new house is bigger than many of the others around it - is to use materials drawn from the surrounding neighborhood. An all stucco house might seem out of character in an all wood neighborhood, but the predominant use of wood siding with some elements of stucco can often work. Where stone accents (e.g., chimneys) are common in a neighborhood, the use of stone at the wall base and elsewhere can assist in making the new home seem better connected to its surroundings. Stone is not an appropriate application for this. A good portion of the driveway and garage float like a bridge to protect the tree root zones. Stone does not 'Float'.
2. The small areas of wood siding on the front and rear elevations is awkward, and the materials change in the same plane which would not be consistent with Residential Design Guideline 3.8.4.
3.8.4 Materials changes The location of the material is consistent with the style of this house, which is mountain rustic/farmhouse.
• Make materials and color changes at inside corners rather than outside corners to avoid a pasted on look.
ITEM NO. 14.
120 Oak Meadow Drive
Design Review Comments
May 10, 2022 Page 5
RECOMMENDATIONS
1. Reduce the large amount of stucco on the house by extending the vertical siding consistently down to the first floor line. See prior response.
2. Use brick or stone for the building base below the first floor line or continue the use of vertical siding in this area.
The adjacent existing home on this larger parcel has a prominent brick base - see photo below. If brick or stone is used, provide a projecting brick or stone ledge at the transition with any vertical sid-ing. If vertical siding is used, add a horizontal belly band to break up taller wall planes. Horizontal belly band is not appropriate for this home. If we were transitioning from one wood above and another type of wood below, then a belly band might be appropriate, but ours is not the case. In this case, a belly band is not warranted or desirable.
ITEM NO. 14.
120 Oak Meadow Drive
Design Review Comments
May 10, 2022 Page 6
Sean, please let me know if you have any questions, or if there are other issues that I did not address.
Sincerely,
CANNON DESIGN GROUP
Larry L. Cannon
ITEM NO. 14.
120 Oak Meadow Drive, Los Gatos Tree Inventory, Assessment and Protection Report
December 16, 2022
Tree Inventory, Assessment,
and
Protection Report
120 Oak Meadow Drive
Los Gatos, CA 95032
Prepared for:
Town of Los Gatos
December 16, 2022
Prepared By:
Monarch Consulting Arborists LLC - P.O Box 1010, Felton, CA 95018 831.331.8982 - [email protected] Page 1 of 1
EXHIBIT 12
ITEM NO. 14.
120 Oak Meadow Drive, Los Gatos Tree Inventory, Assessment and Protection Report
December 16, 2022
Table of Content
Summary ...............................................................................................................1 Introduction...........................................................................................................1 Background ............................................................................................................1 Assignment.............................................................................................................1 Limits of the assignment ........................................................................................1 Purpose and use of the report................................................................................2 Observations.........................................................................................................2 Tree Inventory .........................................................................................................2 Plans.......................................................................................................................2 Analysis .................................................................................................................4 Discussion.............................................................................................................5 Condition Rating.....................................................................................................5 Expected Impact Level...........................................................................................6 Mitigation for Removals..........................................................................................7 Tree Protection .......................................................................................................8 Conclusion ............................................................................................................9 Recommendations .............................................................................................10 Bibliography ........................................................................................................11 Glossary of Terms...............................................................................................12 Appendix A: Tree Inventory Map and Proposed Site Plan ..............................14 Appendix B: Tree Inventory and Assessment Tables ......................................15 Monarch Consulting Arborists LLC - P.O Box 1010, Felton, CA 95018 831.331.8982 - [email protected]
ITEM NO. 14.
120 Oak Meadow Drive, Los Gatos Tree Inventory, Assessment and Protection Report
December 16, 2022
Appendix C: Photographs..................................................................................17 C1: Coast redwoods #321 through #328 .............................................................17 C2: Valley oak #103..............................................................................................18 C3: Coast live oak #104 .......................................................................................19 C4: Coast live oak #106 .......................................................................................20 C5: Coast live oak #102 .......................................................................................21 C6: Valley oak #101..............................................................................................22 Appendix D: Tree Protection Guidelines...........................................................23 D1: Plan Sheet Detail S-X (Type I) ........................................................................23 D2: Plan Sheet Detail S-Y (Type III) ......................................................................24 D3: Section 29.10.1005. - Protection of Trees During Construction ....................25 Tree Protection Zones and Fence Specifications.................................................25 All persons, shall comply with the following precautions.....................................26 Prohibited Activities..............................................................................................26 Monitoring ............................................................................................................27 Root Pruning.........................................................................................................27 Boring or Tunneling...............................................................................................27 Tree Pruning and Removal Operations.................................................................27 Appendix E: Tree Protection Signs....................................................................28 E1: English............................................................................................................28 E2: Spanish...........................................................................................................29 Appendix F: Saratoga Tree Service Report......................................................30 Qualifications, Assumptions, and Limiting Conditions...................................34 Monarch Consulting Arborists LLC - P.O Box 1010, Felton, CA 95018 831.331.8982 - [email protected]
ITEM NO. 14.
120 Oak Meadow Drive, Los Gatos Tree Inventory, Assessment and Protection Report
December 16, 2022
Certification of Performance.............................................................................35 Monarch Consulting Arborists LLC - P.O Box 1010, Felton, CA 95018 831.331.8982 - [email protected]
ITEM NO. 14.
120 Oak Meadow Drive, Los Gatos Tree Inventory, Assessment and Protection Report
December 16, 2022
Summary
The applicant is requesting approval for subdivision of one lot into two, modification of planned development ordinance 1412, construction of a single-family residence, site work requiring a grading permit, and removal of a Large Protected Trees on Property Zoned O:PD APN 529-10-131. The inventory contains fourteen (14) trees comprised of three (3) different species. Five oaks are considered Large Protected and no trees are Exempt.
Eleven trees are in good condition and eight of those are newly planted small coast redwoods. Three oaks are in fair condition.
Ten trees will be required to be removed including eight small coast redwoods and two large protected oaks, although the plans indicate an attempt to retain valley oak #103. Four trees #101, #102, #104, and #105 moderately impacted could be retained but will require protection. Tree protection will consist of a Type I fence scheme and monitoring to help ensure no unnecessary damage occurs. The applicant will be required to replace ten protected trees according to the ordinance. There were fourteen trees appraised for a rounded depreciated value of $190,720.00.
Introduction
Background
The Town of Los Gatos asked me to assess the site, trees, and proposed footprint plan, and to provide a report with my findings and recommendations to help satisfy planning
requirements.
Assignment
• Provide an arborist’s report including an assessment of the trees within the project area and on the adjacent sites. The assessment is to include the species, size (trunk diameter), condition (health, structure, and form), and suitability for preservation ratings. Affix number tags on the trees for reference on site and on plans.
• Provide tree protection specifications, guidelines, and impact ratings for those affected by the project.
• Provide appraised values using the Trunk Formula Technique.
Limits of the assignment
• The information in this report is limited to the condition of the trees during my inspection on December 14, 2022. No tree risk assessments were performed.
• Tree heights and canopy diameters are estimates.
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ITEM NO. 14.
120 Oak Meadow Drive, Los Gatos Tree Inventory, Assessment and Protection Report
December 16, 2022
• The plans reviewed for this assignment were as follows (Table 1)
Purpose and use of the report
The report is intended to identify all the trees within the plan area that could be affected by a project. The report is to be used by the Town of Los Gatos and the property owners as a
reference for existing tree conditions to help satisfy planning requirements.
Observations
Tree Inventory
The inventory consists of trees protected by the Town of Los Gatos located on site and those in close proximity on
neighboring properties. Sec. 29.10.0960. - Scope of protected trees. All trees which have a four-inch or greater diameter (twelve and one half-inch circumference) of any trunk, when removal relates to any review for which zoning approval or subdivision approval is required. (Appendix A and B). Los Gatos Town Ordinance 29.10.0970 Exceptions (1) states the following: “A fruit or nut tree that is less than eighteen (18) inches in diameter (fifty-seven-inch circumference).
Plans
The applicant is requesting approval for subdivision of one lot into two, modification of planned development ordinance 1412, construction of a single-family residence, site work requiring a grading permit, and removal of a Large Protected Trees on Property Zoned O:PD APN 529-10-131.
Table 1: Plans Reviewed Checklist
Plan Date Sheet Reviewed Source
Existing Site
Topographic
Proposed Site
Plan
10/03/2022 A-1,
C2
Yes Jay Plett
Architect/TS
Civil
Engineering
Erosion
Control
Grading and
Drainage
Utility Plan
and Hook-up
locations
Exterior
Elevations
10/03/2022 A-3,
A-4
Yes Jay Plett
Architect
Landscape
Plan
Irrigation Plan
T-1 Tree
Protection
Plan
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ITEM NO. 14.
120 Oak Meadow Drive, Los Gatos Tree Inventory, Assessment and Protection Report
December 16, 2022
The inventory contains fourteen (14) trees comprised of three (3) different species (Chart 1). Five oaks are considered Large Protected and no trees are Exempt . Coast redwoods #321 to #328 are not indicated on the plans. Tree #105 (Large Protected) is 1 2 located on the adjacent parcel.
Large protected tree means any oak (Quercus spp.), California buckeye (Aesculus californica), or Pacific madrone (Arbutus menziesii) which has a 24-inch or 1 greater diameter (75-inch circumference); or any other species of tree with a 48-inch or greater diameter (150-inch circumference).
A fruit or nut tree that is less than eighteen (18) inches in diameter (fifty-seven-inch circumference). 2 Monarch Consulting Arborists LLC - P.O Box 1010, Felton, CA 95018 831.331.8982 - [email protected] Page 3 of 35
Quantity
ITEM NO. 14.
120 Oak Meadow Drive, Los Gatos Tree Inventory, Assessment and Protection Report
December 16, 2022
Analysis
Tree appraisal was performed according to the Council of Tree & Landscape Appraisers Guide for Plant Appraisal 10th Edition, 2019 (CLTA) along with Western Chapter International Society of Arboriculture Species Classification and Group Assignment, 2004. The trees were appraised using the “Cost Approach” and more specifically the “Trunk Formula Technique” (Appendix B). “Trunk Formula Technique” is calculated as follows: Basic Tree Cost = (Unit tree cost x Appraised trunk area), Appraised Value = (Basic tree cost X functional Limitations (percentage) X Condition (percentage) X External Limitations (percentage)).
The trunk formula valuations are based on four tree factors; size (trunk cross sectional area), condition, functional limitations, and external limitations. There are two steps to determine the overall value. The first step is to determine the “Basic Tree Cost” based on size and unit tree cost. Unit tree cost is calculated by dividing the nursery wholesale cost of a 24 inch box specimen and its replacement size (cost per square inch trunk caliper) which is determined by the Species Classification and Group Assignment, 2004 Western Chapter Regional Supplement. The cost of the 24 inch box wholesale specimen was determined through personal communications with BrightView and Normans nurseries in Farmington and Central Wholesale in San Jose for an average of $214.00.
The second part is to depreciate the tree’s Basic Cost through an assessment of condition, functional limitations, and external limitations. The condition assessment guidelines and percentages are defined in the “Condition Rating” section of this report.
Functional limitations are based on factors associated with the tree’s interaction to its planting site that would affect condition, limit development, or reduce the utility in the future and include genetics, placement, and site conditions for the individual tree. External limitations are outside the property, out of control of the owner and also affect condition, limit development, or reduce the utility in the future (i.e power lines, municipal restrictions, drought adaptations, or species susceptibility to pests).
There were fourteen trees appraised for a rounded depreciated value of $190,720.00.
Appraisal worksheets are available upon request.
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ITEM NO. 14.
120 Oak Meadow Drive, Los Gatos Tree Inventory, Assessment and Protection Report
December 16, 2022
Discussion
Condition Rating
A tree’s condition is a determination of its overall health, structure, and form. The assessment considered all three criteria for a combined condition rating.
• 91- 100% - Exceptional = Good health and structure with significant size, location or quality.
• 61-80% - Good = Normal vigor, well-developed structure, function and aesthetics not compromised with good longevity for the site.
• 41-60 % - Fair = Reduced vigor, damage, dieback, or pest problems, at least one significant structural problem or multiple moderate defects requiring treatment. Major
asymmetry or deviation from the species normal habit,
function and aesthetics compromised.
• 21-40% - Poor = Unhealthy and declining appearance with poor vigor, abnormal foliar color, size or density with potential irreversible decline. One serious structural defect or multiple significant defects that cannot be corrected and failure may occur at any time. Significant asymmetry and compromised aesthetics and intended use.
• 6-20% - Very Poor = Poor vigor and dying with little foliage in irreversible decline. Severe defects with the likelihood of failure being probable or imminent. Aesthetically poor with little or no function in the landscape.
• 0-5% - Dead/Unstable = Dead or imminently ready to fail.
Eleven trees are in good condition, however eight of those are newly planted small coast redwoods. Three oaks are in fair condition. Saratoga Tree Service provided a report in
September condemning coast live oak #106 recommending
removal, however the report did not follow the ISA Best Management Practices for Tree Risk Assessment. The tree could still meet the findings for removal but even with the decay I assessed the tree to be in fair shape. This tree may need advanced assessment for decay detection if removal is
controversial.
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Quantity
ITEM NO. 14.
120 Oak Meadow Drive, Los Gatos Tree Inventory, Assessment and Protection Report
December 16, 2022
Expected Impact Level
Impact level defines how a tree may be affected by construction activity and proximity to the tree, and is described as low, moderate, or high. The following scale defines the impact rating:
• Low = The construction activity will have little influence on the tree.
• Moderate = The construction may cause future health or structural problems, and steps must be taken to protect the tree to reduce future problems.
• High = Tree structure and health will be compromised and removal is recommended, or other actions must be taken for the tree to remain. The tree is located in the building envelope.
Ten trees will be required to be removed including eight small coast redwoods (Chart 4). Two large protected oaks would require removal although the plans indicate an attempt to retain valley oak #103. Because there is limited root zone opposite the construction around tree #103 I believe this tree will be compromised both from a health and structural perspective.
Tree #106 is located in the footprint of the proposed structure and cannot be retained if a project on this parcel is to be constructed.
The four trees #101, #102, #104, and #105 moderately
impacted could be retained but will require protection. There are both grading and utility impact near these trees and monitoring the construction of the force main, storm drain and dissipator, and the driveway grading and construction. The ideal tree protection zones around these trees will likely need to be reduced to retain them.
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Quantity
ITEM NO. 14.
120 Oak Meadow Drive, Los Gatos Tree Inventory, Assessment and Protection Report
December 16, 2022
Mitigation for Removals
The table below indicates the recommended replacement values (Table 2). The applicant will be required to replace ten protected trees according to the ordinance. Alternatively it may be possible to create an approved landscape plan or provide an in-lieu payment.
1 To measure an asymmetrical canopy of a tree, the widest measurement shall be used to determine canopy size.
2 Often, it is not possible to replace a single large, older tree with an equivalent tree(s). In this case, the tree may be replaced with a combination of both the Tree Canopy Replacement
Standard and in-lieu payment in an amount set forth by Town Council resolution paid to the Town Tree Replacement Fund. 3 Single Family Residential Replacement Option is available for developed single family residential lots under 10,000 square feet that are not subject to the Town’s Hillside Development Standards and Guidelines. All 15-gallon trees must be planted on-site. Any in-lieu fees for single family residential shall be based on 24” box tree rates as adopted by Town Council. 4 Replacement Trees shall be approved by the Town Arborist and shall be of a species suited to the available planting location, proximity to structures, overhead clearances, soil type, compatibility with surrounding canopy and other relevant factors. Replacement with native species shall be strongly encouraged. Replacement requirements in the Hillsides shall comply with the Hillside Development Standards and
Guidelines Appendix A and Section 29.10.0987 Special
Provisions—Hillsides.
Table 2: Town of Los Gatos Tree Canopy - Replacement
Standard
Canopy Size of
Removed Tree (1)
Replacement
Requirement (2)(4)
Single Family
Residential
Replacement
Option (3)(4)
10 feet or less Two 24 inch box
trees
Two 15 gallon
trees
More than 10 feet to 25
feet
Three 24 inch box
trees
Three 15 gallon
trees
More than 25 feet to 40
feet
Four 24 inch box
trees or two 36 inch
box trees
Four 15 gallon
trees
More than 40 feet to 55
feet
Six 24 inch box
trees; or three 36
inch box trees
Not available
Greater than 55 feet Ten 24 inch box
trees; or five 36 inch
box trees
Not available
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ITEM NO. 14.
120 Oak Meadow Drive, Los Gatos Tree Inventory, Assessment and Protection Report
December 16, 2022
Tree Protection
Typically there are three different tree protection schemes which are called Type I (Appendix D1), Type II and Type III (Appendix D2) trunk protection only. Tree protection focuses on avoiding damage to the roots, trunk, or scaffold branches (Appendix D). The most current accepted method for determining the TPZ is to use a formula based on species tolerance, tree age/vigor, and trunk diameter (Matheny, N. and Clark, J. 1998) (Fite, K, and Smiley, E. T., 2016). Preventing mechanical damage to the trunk from equipment or hand tools can be accomplished by wrapping the main stem with straw wattle or using vertical timbers (Appendix D).
There are four oaks that could be retained if protected which are #101, #102, #104, and #105. Tree protection will consist of a Type I fence scheme and monitoring to help ensure no unnecessary damage occurs. Table 3 indicates the protection scheme and causes of potential damage.
Table 3: Tree Protection Zone Radii
Tree Species I.D. # Protection
Status
Condition Tolerance Ideal Tree
Protection
Radii
Cause Scheme
valley oak (Quercus lobata) 101 Large Protected Good Moderate 27 Force Main, Grading
Type I Fence Exclusion.
Monitoring
coast live oak (Quercus agrifolia) 102 Large Protected Fair Good 24 Grading, Storm Drain
Type I Fence Exclusion.
Monitoring
coast live oak (Quercus agrifolia) 104 Protected Good Good 18 Driveway, storm drain
Type I Fence Exclusion.
Monitoring
coast live oak (Quercus agrifolia) 105 Large Protected Fair Good 18 Storm Drain Type I Fence Exclusion.
Monitoring
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ITEM NO. 14.
120 Oak Meadow Drive, Los Gatos Tree Inventory, Assessment and Protection Report
December 16, 2022
Conclusion
The applicant is requesting approval for subdivision of one lot into two, modification of planned development ordinance 1412, construction of a single-family residence, site work requiring a grading permit, and removal of a Large Protected Trees on Property Zoned O:PD APN 529-10-131. The inventory contains fourteen (14) trees comprised of three (3) different species. Five oaks are considered Large Protected and no trees are Exempt. Coast redwoods #321 to #328 are not indicated on the plans. Tree #105 (Large Protected) is located on the adjacent parcel.
Eleven trees are in good condition and eight of those are newly planted small coast redwoods. Three oaks are in fair condition.
Saratoga Tree Service provided a report in September condemning coast live oak #106 recommending removal, however the report did not follow the ISA Best Management Practices for Tree Risk Assessment (Appendix F). The tree could still meet the findings for removal but even with the decay I assessed the tree to be in fair shape. This tree may need advanced assessment for decay detection if removal is controversial.
Ten trees will be required to be removed including eight small coast redwoods (Chart 4). Two large protected oaks would require removal although the plans indicate an attempt to retain valley oak #103. Because there is limited root zone opposite the construction around tree #103 I believe this tree will be compromised both from a health and structural perspective. Tree #106 is located in the footprint of the proposed structure and cannot be retained if a project on this parcel is to be constructed.
The four trees #101, #102, #104, and #105 moderately impacted could be retained but will require protection. There are both grading and utility impact near these trees and monitoring the construction of the force main, storm drain and dissipator, and the driveway grading and construction. The ideal tree protection zones around these trees will likely need to be reduced to retain them.
Tree protection around #101, #102, #104, and #105 will consist of a Type I fence scheme and monitoring to help ensure no unnecessary damage occurs.
The applicant will be required to replace ten protected trees according to the ordinance.
There were fourteen trees appraised for a rounded depreciated value of $190,720.00.
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ITEM NO. 14.
120 Oak Meadow Drive, Los Gatos Tree Inventory, Assessment and Protection Report
December 16, 2022
Recommendations
1. Place tree numbers on all the plans. Make sure the trees are clearly indicated for removal on all the plans. The trees should also be very clearly marked on site prior to removal.
2. Install tree protection fence around trees #101, #102, #104 and #105 at the recommended radii where applicable (Table 3, Page 8 or Appendix A). Monitor construction activities around these trees including all grading and utility installations and related trenching.
3. Install temporary irrigation or soaker hoses in all tree protection zones and provide supplemental watering during construction within all TPZ areas. Monitor watering times or amounts to ensure adequate soil saturation. (A 5/8” soaker hose requires about 200 minutes to deliver one inch of water to a garden. This number is affected by the length of the hose and the overall rate of flow from the faucet. A good rule of thumb is to expect about ½ GPM as a standard faucet flow rate.). Infrequent deeper watering is preferred.
4. All tree maintenance and care shall be performed by a qualified arborist with a C-61/D-49 California Contractors License. Tree maintenance and care shall be specified in writing according to American National Standard for Tree Care Operations: Tree, Shrub and Other Woody Plant Management: Standard Practices parts 1 through 10 and adhere to ANSI Z133.1 safety standards and local regulations. All maintenance is to be performed according to ISA Best Management Practices.
5. Refer to Appendix D for general tree protection guidelines including recommendations for arborist assistance while working under trees, trenching, or excavation within a trees drip line or designated TPZ/CRZ.
6. Place all the tree protection fence locations and guidelines on the plans including the grading, drainage, and utility plans.
Alternatively create a separate plan sheet that includes all three protection measures labeled “T-1 Tree Protection Plan.”
7. Provide a copy of this report to all contractors and project managers, including the architect, civil engineer, and landscape designer or architect. It is the responsibility of the owner to ensure all parties are familiar with this document.
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ITEM NO. 14.
120 Oak Meadow Drive, Los Gatos Tree Inventory, Assessment and Protection Report
December 16, 2022
8. Arrange a pre-construction meeting with the project arborist or landscape architect to verify tree protection is in place, with the correct materials, and at the proper distances.
Bibliography
American National Standard for Tree Care Operations: Tree, Shrub and Other Woody Plant Management : Standard Practices (Management of Trees and Shrubs During Site Planning, Site Development, and Construction)(Part 5). Londonderry, NH:
Secretariat, Tree Care Industry Association, 2019. Print.
Fite, Kelby, and Edgar Thomas. Smiley. Managing trees during construction, second edition. Champaign, IL: International Society of Arboriculture, 2016.
ISA. Guide For Plant Appraisal 9th Edition. Savoy, IL: International Society of Arboriculture, 2000. Print.
ISA. Guide For Plant Appraisal 10th Edition. Savoy, IL: International Society of Arboriculture, 2018. Print.
ISA. Species Classification and Group Assignment, 2004 Western Chapter Regional Supplement. Western Chapter ISA Matheny, Nelda P., Clark, James R. Trees and development: A technical guide to preservation of trees during land development.
Bedminster, PA: International Society of Arboriculture 1998.
Smiley, E, Matheny, N, Lilly, S, ISA. Best Management Practices: Tree Risk Assessment: International Society of Arboriculture, 2017.
Print
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ITEM NO. 14.
120 Oak Meadow Drive, Los Gatos Tree Inventory, Assessment and Protection Report
December 16, 2022
Glossary of Terms
Basic Tree Cost: The cost of replacement for a perfect specimen of a particular species and cross sectional area prior to location and condition depreciation.
Cost Approach: An indication of value by adding the land value to the depreciated value of improvements.
Defect: An imperfection, weakness, or lack of something necessary. In trees defects are injuries, growth patterns, decay, or other conditions that reduce the tree’s structural strength.
Diameter at breast height (DBH): Measures at 1.4 meters (4.5 feet) above ground in the United States, Australia (arboriculture), New Zealand, and when using the Guide for Plant Appraisal, 9th edition; at 1.3 meters (4.3 feet) above ground in Australia (forestry), Canada, the European Union, and in UK forestry; and at 1.5 meters (5 feet) above ground in UK arboriculture.
Drip Line: Imaginary line defined by the branch spread or a single plant or group of plants. The outer extent of the tree crown.
Form: describes a plant’s habit, shape or silhouette defined by its genetics, environment, or management.
Health: Assessment is based on the overall appearance of the tree, its leaf and twig growth, and the presence and severity of insects or disease.
Mechanical damage: Physical damage caused by outside forces such as cutting, chopping or any mechanized device that may strike the tree trunk, roots or branches.
Scaffold branches: Permanent or structural branches that for the scaffold architecture or structure of a tree.
Straw wattle: also known as straw worms, bio-logs, straw noodles, or straw tubes are man made cylinders of compressed, weed free straw (wheat or rice), 8 to 12 inches in diameter and 20 to 25 feet long. They are encased in jute, nylon, or other photo degradable materials,
and have an average weight of 35 pounds.
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ITEM NO. 14.
120 Oak Meadow Drive, Los Gatos Tree Inventory, Assessment and Protection Report
December 16, 2022
Structural evaluation: focused on the crown, trunk, trunk flare, above ground roots and the site conditions contributing to conditions and/or defects that may contribute to failure.
Tree Protection Zone (TPZ): Defined area within which certain activities are prohibited or restricted to prevent or minimize potential injury to designated trees, especially during construction or development.
Tree Risk Assessment: Process of evaluating what unexpected things could happen, how likely it is, and what the likely outcomes are. In tree management, the systematic process to determine the level of risk posed by a tree, tree part, or group of trees.
Trunk: Stem of a tree.
Trunk Formula Technique: Method to appraise the monetary value of trees considered too large to be replaced with nursery or field grown stock. Based on developing a representative unit cost for replacement with the same or comparable species of the same size and in the same place, subject to depreciation for various factors. Contrast with replacement cost method.
Volunteer: A tree, not planted by human hands, that begins to grow on residential or commercial property. Unlike trees that are brought in and installed on property, volunteer trees usually spring up on their own from seeds placed onto the ground by natural causes or accidental transport by people. Normally, volunteer trees are considered weeds and removed, but many desirable and attractive specimens have gone on to become permanent residents on many public and private grounds.
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ITEM NO. 14.
120 Oak Meadow Drive, Los Gatos Tree Inventory, Assessment and Protection Report
December 16, 2022
Appendix A: Tree Inventory Map and Proposed Site Plan
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DRIVE
OAK MEADOW DRIVE
(PRIVATE STREET)
1 2
3 4
5 6
UFF 357.0
LFF 347.5
ELEVATED CONCRETEDECK TO PROTECT
TREE
LIMIT OFDISTURBED AREA
*DRIVEWAY SLOPE AT
17.5% EXCEEDS HDS&G
15% MAXIMUM.
EXCEPTION IS
REQUESTED.
*36 SF OF GARAGE
CORNER FALLS
WITHIN LRDA
EXCEPTION ISREQUESTED
LRDA
LRDA
*36 SF OF GARAGE
STA
ERETSI GER
ET
211 CY TO BE HA
#101
#102
#103
#105
#104
#106 #321
#322
#323
#324 #325
#326
#327
#328
Red dashed line indicates
potential tree protection
zones.
Red circle are all
removals.
ITEM NO. 14.
120 Oak Meadow Drive, Los Gatos Tree Inventory, Assessment and Protection Report
December 16, 2022
Appendix B: Tree Inventory and Assessment Tables
Table 3: Inventory and Assessment Summary
Tree Species I.D. # Trunk
Diameter
(in.)
~ Canopy
Diameter
(ft.)
Condition Expected
Impact
Protection
Status
Rounded
Depreciated
Value
Tree
Protection
Radii
valley oak (Quercus lobata) 101 32 55 Good Moderate Large Protected
$28,500.00 27
coast live oak (Quercus
agrifolia)
102 17, 14, 19 35 Fair Moderate Large
Protected
$16,700.00 24
valley oak (Quercus lobata) 103 43 45 Good High Large
Protected
$51,500.00 N/A
coast live oak (Quercus
agrifolia)
104 22 25 Good Moderate Protected $13,500.00 18
coast live oak (Quercus
agrifolia)
105 18, 12 35 Fair Moderate Large
Protected
$9,600.00 18
coast live oak (Quercus
agrifolia)
106 33, 48 86
Below
bifurcation
75 Fair High Large
Protected
$66,900.00 N/A
coast redwood (Sequoia
sempervirens)
321 5 10 Good High Protected $430.00 N/A
coast redwood (Sequoia
sempervirens)
322 6 10 Good High Protected $620.00 N/A
coast redwood (Sequoia
sempervirens)
323 5 10 Good High Protected $430.00 N/A
coast redwood (Sequoia
sempervirens)
324 7 10 Good High Protected $850.00 N/A
coast redwood (Sequoia
sempervirens)
325 4 10 Good High Protected $280.00 N/A
Monarch Consulting Arborists LLC - P.O Box 1010, Felton, CA 95018 831.331.8982 - [email protected] Page 15 of 35
ITEM NO. 14.
120 Oak Meadow Drive, Los Gatos Tree Inventory, Assessment and Protection Report
December 16, 2022
coast redwood (Sequoia
sempervirens)
326 4 10 Good High Protected $280.00 N/A
coast redwood (Sequoia
sempervirens)
327 4 10 Good High Protected $280.00 N/A
coast redwood (Sequoia
sempervirens)
328 7 10 Good High Protected $850.00 N/A
Tree Species I.D. # Trunk
Diameter
(in.)
~ Canopy
Diameter
(ft.)
Condition Expected
Impact
Protection
Status
Rounded
Depreciated
Value
Tree
Protection
Radii
Monarch Consulting Arborists LLC - P.O Box 1010, Felton, CA 95018 831.331.8982 - [email protected] Page 16 of 35
ITEM NO. 14.
120 Oak Meadow Drive, Los Gatos Tree Inventory, Assessment and Protection Report
December 16, 2022
Appendix C: Photographs
C1: Coast redwoods #321 through #328
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ITEM NO. 14.
120 Oak Meadow Drive, Los Gatos Tree Inventory, Assessment and Protection Report
December 16, 2022
C2: Valley oak #103
Monarch Consulting Arborists LLC - P.O Box 1010, Felton, CA 95018 831.331.8982 - [email protected] Page 18 of 35
#103
ITEM NO. 14.
120 Oak Meadow Drive, Los Gatos Tree Inventory, Assessment and Protection Report
December 16, 2022
C3: Coast live oak #104
Monarch Consulting Arborists LLC - P.O Box 1010, Felton, CA 95018 831.331.8982 - [email protected] Page 19 of 35
#104
ITEM NO. 14.
120 Oak Meadow Drive, Los Gatos Tree Inventory, Assessment and Protection Report
December 16, 2022
C4: Coast live oak #106
Monarch Consulting Arborists LLC - P.O Box 1010, Felton, CA 95018 831.331.8982 - [email protected] Page 20 of 35
#106
ITEM NO. 14.
120 Oak Meadow Drive, Los Gatos Tree Inventory, Assessment and Protection Report
December 16, 2022
C5: Coast live oak #102
Monarch Consulting Arborists LLC - P.O Box 1010, Felton, CA 95018 831.331.8982 - [email protected] Page 21 of 35
#102
ITEM NO. 14.
120 Oak Meadow Drive, Los Gatos Tree Inventory, Assessment and Protection Report
December 16, 2022
C6: Valley oak #101
Monarch Consulting Arborists LLC - P.O Box 1010, Felton, CA 95018 831.331.8982 - [email protected] Page 22 of 35
ITEM NO. 14.
120 Oak Meadow Drive, Los Gatos Tree Inventory, Assessment and Protection Report
December 16, 2022
Appendix D: Tree Protection Guidelines
D1: Plan Sheet Detail S-X (Type I)
Monarch Consulting Arborists LLC - P.O Box 1010, Felton, CA 95018 831.331.8982 - [email protected] Page 23 of 35
TREE PROTECTION
Crown drip line or other limit of Tree Protection area. See tree preservation plan for fence alignment.
4'-0"
Maintain existing
grade with the tree
protection fence
unless otherwise
indicated on the
plans.
2" x 6' steel posts
or approved equal.
Tree Protection
fence: High density
polyethylene fencing
with 3.5" x 1.5"
openings; Colororange. Steel posts
installed at 8' o.c.
5" thick
layer of mulch.
Notes:
1- See specifications for additional tree
protection requirements.
2- If there is no existing irrigation, see
specifications for watering requirements.
3- No pruning shall be performed except
by approved arborist.
4- No equipment shall operate inside the
protective fencing including during fence
installation and removal.
5- See site preparation plan for any
modifications with the Tree Protection
area.
SECTION VIEW
KEEP OUT
TREE
PROTECTION
AREA
8.5" x 11"
sign
laminated in
plastic spaced
every 50'
along the
fence.
URBAN TREE FOUNDATION © 2014
OPEN SOURCE FREE TO USE
Tree protection
fence: Fencing shall
be comprised of sixfoot high chain link
mounted on eightfoot tall, 1 7/8-inch
diameter galvanized
posts, driven 24
inches into the
ground.
Minimum 4” thick
mulch layer
Crown diameter drip line distance equal to the outer most limit of foliage. Notes:
• All tree maintenance and care shall be
performed by a qualified arborist with a
C-61/D-49 California Contractors
License. Tree maintenance and care
shall be specified in writing according to
American National Standard for Tree
Care Operations: Tree, Shrub and Other
Woody Plant Management: Standard
Practices parts 1 through 10 and adhere
to ANSI Z133.1 safety standards and
local regulations.
• All maintenance is to be performed
according to ISA Best Management
Practices.
Notes:
The Tree Protection Zone
(TPZ) may vary in radius
from the trunk and may or
may not be established at
the drip line distance.
See arborist’s report and
plan sheet for
specifications of TPZ
radii.
6’-0”
Modified by Monarch Consulting
Arborists LLC, 2019
ITEM NO. 14.
120 Oak Meadow Drive, Los Gatos Tree Inventory, Assessment and Protection Report
December 16, 2022
D2: Plan Sheet Detail S-Y (Type III)
Monarch Consulting Arborists LLC - P.O Box 1010, Felton, CA 95018 831.331.8982 - [email protected] Page 24 of 35
?W ?W ?W
TREET
(E) CHAINLINK
FENCE AND GATE
TO REMAIN
ALL MAINTENANCE IS TO BE PERFORMED ACCORDING
TO ISA BEST MANAGEMENT PRACTICES.
2. TREE PRUNING - IF TREE PRUNING FOR OVERHEAD
CLEARANCE IS REQUIRED OR NECESSARY PRUNING
SPECIFICATIONS SHALL BE IN WRITING PRIOR TO ANY
CUTTING. CUTTING SHALL BE PERFORMED BY A
QUALIFIED TREE CARE PROFESSIONAL OR SUPERVISED
BY THE PROJECT ARBORIST. NO LIMBS GREATER THAN
FOUR INCHES (4”) IN DIAMETER SHALL BE REMOVED
WITHOUT APPROVAL.
3. ROOT MANAGEMENT - PRIOR TO REMOVING ROOTS
GREATER THAN TWO INCHES (2”) IN DIAMETER EACH
TREE SHALL BE EVALUATED BY THE PROJECT ARBORIST
TO HELP DETERMINE ITS LIKELIHOOD OF FAILURE
AFTER ROOT LOSS. IF ROOTS OVER TWO INCHES IN
DIAMETER ARE ENCOUNTERED THEY SHOULD BE
PRUNED BY HAND WITH LOPPERS, HANDSAW,
RECIPROCATING SAW, OR CHAIN SAW RATHER THAN
LEFT CRUSHED OR TORN. ROOTS SHOULD BE CUT
BEYOND SINKER ROOTS OR OUTSIDE ROOT BRANCH
JUNCTIONS AND BE SUPERVISED BY THE PROJECT
ARBORIST. WHEN COMPLETED, EXPOSED ROOTS
SHOULD BE KEPT MOIST WITH BURLAP OR BACKFILLED
WITHIN ONE HOUR. NO ROOTS SHALL BE CUT WITHIN SIX
TIMES THE TRUNK DIAMETER DISTANCE IN FEET ON ONE
SIDE WITHOUT ARBORIST APPROVAL.
4. TRUNK PROTECTION - PREVENTING MECHANICAL
DAMAGE TO THE MAIN STEMS FROM EQUIPMENT OR
HAND TOOLS CAN BE ACCOMPLISHED BY WRAPPING
THE MAIN STEM WITH STRAW WATTLE.
5. SITE OCCUPANCY - HAVE A QUALIFIED ARBORIST
PERFORM A LEVEL 2: BASIC TREE RISK ASSESSMENT AS
DESCRIBED IN BEST MANAGEMENT PRACTICES: TREE
RISK ASSESSMENT: INTERNATIONAL SOCIETY OF
ARBORICULTURE, 2017 TO HELP IDENTIFY ANY NEW
RISK FACTORS AFTER CONSTRUCTION UPON NEW SITE
OCCUPANCY.
0 40 feet
1" = 20'
NORTH
20 60 80
SECTION
TREE TRUNK
12" Ø STRAW
FILLED BURLAP
WATTLES
TREE PROTECTION WITHOUT FENCE
3/8" = 1'-0"
4'-0"
ROOT PROTECTION
ZONE. SEE SPECS FOR
REQUIREMENTS
1 SECTION VIEW
TRUNK PROTECTION WITH WATTLE S-Y 6’-0”
2. Pile soil on the side of the trench opposite the tree. If this thick bed of mulch.
3. Do not compact the backfill on the trench more than its origin
4. Water the backfill to allow the roots to begin healing.
Trenching near a tree can kill as much
If the tree you are working around is in a confined space and your eq the trunk. Wrap the tree trunk in old tires or place 2” x 4” studs around
2” x 4” or 2” x 2”
Dimensional Lumber
Sturdy Strap (steel,
nylon, or synthetic rope)
2” x 4” ’or 2” x 2” - 6 to 8
Feet Tall Dimensional
Lumber Spaced 3” Apart
Sturdy Strap (steel,
nylon, or synthetic rope)
Bridge With 4” - 6” Deep
Course Woody Debris or
4” x 4” Dimensional
Lumber and 3/4”
Plywood or Steel Road
Plate.
Note: See Local Ordinance
Requirements and Arborist’s
Report for Additional Protection
Specifications and Guidelines.
Trunk Protection Vertical Timber
Detail
6’ MIN.
ITEM NO. 14.
120 Oak Meadow Drive, Los Gatos Tree Inventory, Assessment and Protection Report
December 16, 2022
D3: Section 29.10.1005. - Protection of Trees During Construction Tree Protection Zones and Fence Specifications
1. Size and materials: Six (6) foot high chain link fencing, mounted on two-inch diameter galvanized iron posts, shall be driven into the ground to a depth of at least two (2) feet at no more than ten-foot spacing. For paving area that will not be demolished and when stipulated in a tree preservation plan, posts may be supported by a concrete base.
2. Area type to be fenced: Type I: Enclosure with chain link fencing of either the entire dripline area or at the tree protection zone (TPZ), when specified by a certified or consulting arborist. Type II: Enclosure for street trees located in a planter strip: chain link fence around the entire planter strip to the outer branches. Type III: Protection for a tree located in a small planter cutout only (such as downtown): orange plastic fencing shall be wrapped around the trunk from the ground to the first branch with two-inch wooden boards bound securely on the outside. Caution shall be used to avoid damaging any bark or branches.
3. Duration of Type I, II, III fencing: Fencing shall be erected before demolition, grading or construction permits are issued and remain in place until the work is completed. Contractor shall first obtain the approval of the project arborist on record prior to removing a tree protection fence.
4. Warning Sign: Each tree fence shall have prominently displayed an eight and one-half-inch by eleven-inch sign stating: "Warning —Tree Protection Zone—This fence shall not be removed and is subject to penalty according to Town Code 29.10.1025.” Text on the signs should be in both English and Spanish (Appendix E).
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ITEM NO. 14.
120 Oak Meadow Drive, Los Gatos Tree Inventory, Assessment and Protection Report
December 16, 2022
All persons, shall comply with the following precautions
1. Prior to the commencement of construction, install the fence at the dripline, or tree protection zone (TPZ) when specified in an approved arborist report, around any tree and/or vegetation to be retained which could be affected by the construction and prohibit any storage of construction materials or other materials, equipment cleaning, or parking of vehicles within the TPZ. The dripline shall not be altered in any way so as to increase the encroachment of the construction.
2. Prohibit all construction activities within the TPZ, including but not limited to: excavation, grading, drainage and leveling within the dripline of the tree unless approved by the Director.
3. Prohibit disposal or depositing of oil, gasoline, chemicals or other harmful materials within the dripline of or in drainage channels, swales or areas that may lead to the dripline of a protected tree.
4. Prohibit the attachment of wires, signs or ropes to any protected tree.
5. Design utility services and irrigation lines to be located outside of the dripline when feasible.
6. Retain the services of a certified or consulting arborist who shall serve as the project arborist for periodic monitoring of the project site and the health of those trees to be preserved. The project arborist shall be present whenever activities occur which may pose a potential threat to the health of the trees to be preserved and shall document all site visits.
7. The Director and project arborist shall be notified of any damage that occurs to a protected tree during construction so that proper treatment may be administered.
Prohibited Activities
The following are prohibited activities within the TPZ:
• Grade changes (e.g. soil cuts, fills);
• Trenches;
• Root cuts;
• Pedestrian and equipment traffic that could compact the soil or physically damage roots; • Parking vehicles or equipment;
• Burning of brush and woody debris;
• Storing soil, construction materials, petroleum products, water, or building refuse; and, • Disposing of wash water, fuel or other potentially damaging liquids.
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ITEM NO. 14.
120 Oak Meadow Drive, Los Gatos Tree Inventory, Assessment and Protection Report
December 16, 2022
Monitoring
Any trenching, construction or demolition that is expected to damage or encounter tree roots should be monitored by the project arborist or a qualified ISA Certified Arborist and should be documented.
The site should be evaluated by the project arborist or a qualified ISA Certified Arborist after construction is complete, and any necessary remedial work that needs to be performed should be noted.
Root Pruning
Roots greater than two inches in diameter shall not be cut. When roots over two inches in diameter are encountered and are authorized to be cut or removed, they should be pruned by hand with loppers, handsaw, reciprocating saw, or chain saw rather than left crushed or torn. Roots should be cut beyond sinker roots or outside root branch junctions and be supervised by the project arborist. When completed, exposed roots should be kept moist with burlap or backfilled within one hour.
Boring or Tunneling
Boring machines should be set up outside the drip line or established Tree Protection Zone. Boring may also be performed by digging a trench on both sides of the tree until roots one inch in diameter are encountered and then hand dug or excavated with an Air Spade® or similar air or water excavation tool. Bore holes should be adjacent to the trunk and never go directly under the main stem to avoid oblique (heart) roots. Bore holes should be a minimum of three feet deep.
Tree Pruning and Removal Operations
All tree pruning or removals should be performed by a qualified arborist with a C-61/D-49 California Contractors License. Treatment, including pruning, shall be specified in writing according to the most recent ANSI A-300A Standards and Limitations and performed according to ISA Best Management Practices while adhering to ANSI Z133.1 safety standards. Trees that need to be removed or pruned should be identified in the pre-construction walk through.
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ITEM NO. 14.
120 Oak Meadow Drive, Los Gatos Tree Inventory, Assessment and Protection Report
December 16, 2022
Appendix E: Tree Protection Signs
E1: English
Monarch Consulting Arborists LLC - P.O Box 1010, Felton, CA 95018 831.331.8982 - [email protected] Page 28 of 35
Warning
Tree Protection Zone
This Fence Shall Not Be Removed
And Is Subject To Penalty According To
Town Code 29.10.1025
ITEM NO. 14.
120 Oak Meadow Drive, Los Gatos Tree Inventory, Assessment and Protection Report
December 16, 2022
E2: Spanish
Monarch Consulting Arborists LLC - P.O Box 1010, Felton, CA 95018 831.331.8982 - [email protected] Page 29 of 35
Cuidado
Zona De Arbol Pretejido
Esta valla no podrán ser sacados
Y está sujeta a sanción en función de
Código Ciudad del 29.101025
ITEM NO. 14.
120 Oak Meadow Drive, Los Gatos Tree Inventory, Assessment and Protection Report
December 16, 2022
Appendix F: Saratoga Tree Service Report
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Saratoga Tree Service
13745 Skyline Blvd.
Los Gatos, CA 95033
9-16-2022
Marty McFarland
120 Oak Meadow Drive
Los Gatos, CA 95030
A site visit was performed at the above address to evaluate one large Quercus agrifolia (Coast Live Oak).
This has a trunk diameter of about 52 inches and a height of about 50’. It is a rather wide spreading tree. The tree is located at left side of the edge of the property if viewed from the street. This tree has a number tag attached to it indicating #106.
This is a fairly heavily wooded property with many other very large oak trees. Both Live Oaks and Valley Oaks are also on this property.
A close inspection of this particular tree shows some serious areas of trunk decay. The main union of these trunks is a catch for debris that has led into further interior decay. An area at the very base of the tree also shows an area of compromise. Surrounding the base of the tree are old wounds that were cut a long time ago. These have new tissue covering the wounds but the internal decay from these old wounds is probable. There is enough visible decay as well as likely hidden decay areas to surmise that this tree is hollow. Because of the union of these large lower trunks in an area of visible decay, this tree has a greater probability of failure.
Further up in the limb structure, there are also areas of visible decay from large, old pruning wounds. These weaknesses will lead to limb failure on the very long, heavy limbs. One of these long limbs is over the neighboring commercial property parking area. A limb failure in this area could lead to possible vehicle damage or injury to pedestrians. The very large limb that leads toward the home on this property would destroy another oak tree when it fails. It would not likely cause damage to the home.
Because of all the recognized decay in this tree, it is likely that a failure will occur. There is not a good pruning option to make this tree safe as this is a very wide spreading structure. Because of these areas of decay, and the likely damage to adjacent trees and possible neighbor’s property, I am recommending removal.
I am including photos to better understand my findings.
Blair Glenn
I.S.A. Certified Arborist
#WC 654a
ITEM NO. 14.
120 Oak Meadow Drive, Los Gatos Tree Inventory, Assessment and Protection Report
December 16, 2022
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ITEM NO. 14.
120 Oak Meadow Drive, Los Gatos Tree Inventory, Assessment and Protection Report
December 16, 2022
Monarch Consulting Arborists LLC - P.O Box 1010, Felton, CA 95018 831.331.8982 - [email protected] Page 32 of 35
Arborists are tree specialists who use their education, knowledge, training and experience to examine trees, recommend measures to enhance the beauty and health of trees, and attempt to reduce the risk of living near trees. Clients may choose to accept or disregard the recommendations of the arborist, or to seek additional advice.
Arborists cannot detect every condition that could possibly lead to the structural failure of a tree. Trees are living organisms that fail in ways we do not fully understand. Conditions are often hidden within trees and below ground. Arborists cannot guarantee that a tree will be healthy or safe under all circumstances, or for a specified period of time. Likewise, remedial treatments, like any medicine, cannot be guaranteed.
ITEM NO. 14.
120 Oak Meadow Drive, Los Gatos Tree Inventory, Assessment and Protection Report
December 16, 2022
Monarch Consulting Arborists LLC - P.O Box 1010, Felton, CA 95018 831.331.8982 - [email protected] Page 33 of 35
Treatment, pruning and removal of trees may involve considerations beyond the scope of the arborist’s services such as property boundaries, property ownership, site lines, disputes between neighbors, and other issues. Arborists cannot take such considerations into account unless complete and accurate information is disclosed to the arborist. An arborist should then be expected to reasonably rely upon the completeness and accuracy of the information provided.
Trees can be managed, but they cannot be controlled. To live near trees is to accept some degree of risk. The only way to eliminate all risk associated with trees is to eliminate all trees.
Respectfully Submitted,
Blair Glenn
I.S.A. Certified Arborist #WC 654a
ITEM NO. 14.
120 Oak Meadow Drive, Los Gatos Tree Inventory, Assessment and Protection Report
December 16, 2022
Qualifications, Assumptions, and Limiting Conditions
Any legal description provided to the consultant is assumed to be correct. Any titles or ownership of properties are assumed to be good and marketable. All property is appraised or evaluated as though free and clear, under responsible ownership and competent management.
All property is presumed to be in conformance with applicable codes, ordinances, statutes, or other regulations.
Care has been taken to obtain information from reliable sources. However, the consultant cannot be responsible for the accuracy of information provided by others.
The consultant shall not be required to give testimony or attend meetings, hearings, conferences, mediations, arbitration, or trials by reason of this report unless subsequent contractual arrangements are made, including payment of an additional fee for such services.
This report and any appraisal value expressed herein represent the opinion of the consultant, and the consultant’s fee is not contingent upon the reporting of a specified appraisal value, a stipulated result, or the occurrence of a subsequent event.
Sketches, drawings, and photographs in this report are intended for use as visual aids, are not necessarily to scale, and should not be construed as engineering or architectural reports or surveys. The reproduction of information generated by architects, engineers, or other consultants on any sketches, drawings, or photographs is only for coordination and ease of reference. Inclusion of said information with any drawings or other documents does not constitute a representation as to the sufficiency or accuracy of said information.
Unless otherwise expressed: a) this report covers only examined items and their condition at the time of inspection; and b) the inspection is limited to visual examination of accessible items without dissection, excavation, probing, or coring. There is no warranty or guarantee, expressed or implied, that structural problems or deficiencies of plants or property may not arise in the future.
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ITEM NO. 14.
120 Oak Meadow Drive, Los Gatos Tree Inventory, Assessment and Protection Report
December 16, 2022
Certification of Performance
I Richard Gessner, Certify:
That I have personally inspected the tree(s) and/or the property referred to in this report, and have stated my findings accurately. The extent of the evaluation and/or appraisal is stated in the attached report and Terms of Assignment;
That I have no current or prospective interest in the vegetation or the property that is the subject of this report, and I have no personal interest or bias with respect to the parties involved; That the analysis, opinions and conclusions stated herein are my own;
That my analysis, opinions, and conclusions were developed and this report has been prepared according to commonly accepted Arboricultural practices;
That no one provided significant professional assistance to the consultant, except as indicated within the report.
That my compensation is not contingent upon the reporting of a predetermined conclusion that favors the cause of the client or any other party, nor upon the results of the assessment, the attainment of stipulated results, or the occurrence of any other subsequent events;
I further certify that I am a Registered Consulting Arborist® with the American Society of Consulting Arborists, and that I acknowledge, accept and adhere to the ASCA Standards of Professional Practice. I am an International Society of Arboriculture Board Certified Master Arborist®. I have been involved with the practice of Arboriculture and the care and study of trees since 1998.
Richard J. Gessner
ASCA Registered Consulting Arborist® #496
ISA Board Certified Master Arborist® WE-4341B
Copyright
© Copyright 2022, Monarch Consulting Arborists LLC. Other than specific exception granted for copies made by the client for the express uses stated in this report, no parts of this publication may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, recording, or otherwise without the express, written permission of the author.
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ITEM NO. 14.
From: Laura Vieth >
Sent: Thursday, April 22, 2021 10:40 AM
To: Sean Mullin <[email protected]>
Subject: Fwd: Proposed Building Plans
Sean, thanks again for the call today. This email along with our conversation is provided to document personal concern as thd property owner of , Los Gatos, CA 95032f regarding noise and aesthetics if easement is granted off Osk Meadow Drive for the subdivision of property at 120 Osk Meadow Drive. If you have any questions or need additional clarification, please let me know.
---------- Forwarded message ---------
From: Laura Vieth <l >
Date: Mon, Apr 19, 2021 at 9:58 AM
Subject: Proposed Building Plans
To: <[email protected]>
Sean, greetings and by way of introduction, Laura Vieth, homeowner at Los Gatos, CA 95032. Regency Court HOA. I would like to schedule time with you to discuss building plans being discussed. I can be reached at
My husband and I were informed by the property owner at 120 Oak Meadow Drive (not part of our HOA) is planning to subdivide his property and build a house....no concern from that perspective. Our concern is the placement of the driveway.
We understand the driveway is tentatively being discussed to use HOA property on the front side of the street and put the driveway directly across from our driveway. We would like the driveways to be on the backside of the street vs. across from our home.
I look forward to speaking with you soon.
--
Regards,
Laura Vieth
email:
--
Regards,
Laura Vieth (DiPiero)
email:
EXHIBIT 16
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ITEM NO. 14.
PREPARED BY: Sean Mullin, AICP
Senior Planner
Reviewed by: Planning Manager and Community Development Director 110 E. Main Street Los Gatos, CA 95030 ● 406-354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
PLANNING COMMISSION
REPORT
MEETING DATE: 07/24/2024
ITEM NO: 3
DESK ITEM
DATE: July 24, 2024
TO: Planning Commission
FROM: Joel Paulson, Community Development Director
SUBJECT: Requesting Approval for Modification of Planned Development Ordinance 1412, Subdivision of One Lot into Two Lots, Construction of a Single-Family Residence, and Site Work Requiring a Grading Permit on Property Zoned O:PD. Located at 120 Oak Meadow Drive. APN 529-10-131. Subdivision Application M-20-011, Planned Development Application PD-20-002, Architecture and Site Application S-22-021. Categorically Exempt Pursuant to CEQA Guidelines Sections 15315: Minor Land Divisions; 15303: New Construction; and 15304: Minor Alterations to Land. Property Owner: Marty and Penny McFarland. Applicants: Terence J. Szewczyk (M-20-011 and PD-20-002) and Jay Plett, Architect (S-22-021). Project Planner: Sean Mullin.
REMARKS:
Exhibit 17 includes a public comment received between 11:01 a.m., Friday, July 19, 2024, and 11:00 a.m., Wednesday, July 24, 2024.
In response to questions from a Planning Commissioner, staff has prepared the following information.
Is there a road maintenance agreement among the property owners since it is a private road? If so, does it address increased burdens or what arrangements are anticipated? Being a private party agreement for a private road, staff is not aware of any existing road maintenance agreements, or any increased burdens created by the project. The applicant and/or property owner may be able to address this question during the public hearing.
ATTACHMENT 5
ITEM NO. 14.
PAGE 2 OF 3
SUBJECT: 120 Oak Meadow Drive/M-20-011, PD-20-002, S-22-021 DATE: July 24, 2024
REMARKS (continued):
Has there been a Staff analysis of the traffic impact that would result from the additional residence?
Pursuant to the current Institute of Transportation Engineers Trip Generation Manual’s assignment for specific use types, a new detached single-family residence is assigned an Average Daily Traffic or ADT of 9.43 trips per day. The added trips require payment of a Traffic Impact Fee. Condition of approval #74 included in Exhibit 4 requires payment of the Traffic Impact Fees prior to recordation of the parcel map.
The existing residence has a plaque indicating it is a historic property. Is it in the inventory, and, if so, would that affect the subdivision application? The existing residence is included on the Town’s Historic Resources inventory. Town records indicate that the original residence was constructed between 1860 and 1890 with a number of additions being constructed over time. The subdivision application does not pose an impact on the historic residence.
There is limited visibility to the proposed site. Can Staff opine on whether the new two-story home would be visible to any neighbors?
The new residence would be visible from surrounding properties with existing trees and other vegetation providing some screening. The applicant has provided a summary of their neighbor outreach efforts (Exhibit 13). Public comments on the project are included as Exhibits 16 and
17. EXHIBITS:
Previously Received with the July 24, 2024, Staff Report:
1. Location Map
2. Required Findings and Considerations
3. Draft Planned Development Ordinance
4. Recommended Conditions of Approval
5. Planned Development Ordinance 1412
6. Letter of Justification
7. Project Description
8. Color and Materials Board
9. Letter of Justification for Garage Terrace
10. Town’s Consulting Architect Report
11. Response to Consulting Architect’s Recommendations
12. Arborist Report
ITEM NO. 14.
PAGE 3 OF 3
SUBJECT: 120 Oak Meadow Drive/M-20-011, PD-20-002, S-22-021 DATE: July 24, 2024
EXHIBITS (continued):
13. Summary of Neighbor Outreach
14. Building Envelope Study by Applicant
15. Development Plans
16. Public Comments received by 11:00 a.m., Friday, July 19, 2024 Received with this Desk Item Report:
17. Public Comments received between 11:01 a.m., Friday, July 19, 2024, and 11:00 a.m., Wednesday, July 24, 2024
ITEM NO. 14.
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ITEM NO. 14.
From: Andrew Quan < >
Sent: Wednesday, July 24, 2024 9:05 AM
To: Sean Mullin <[email protected]>
Subject: Valley Water Comments re: Subdivision, Modification of Planned Development Ordinance 1412, Construction of Single-Family Residence, and Grading at 120 Oak Meadow Drive [EXTERNAL SENDER]
Hi Sean,
Valley Water has reviewed the documents for the subdivision of one lot into two lots, modification of Planned Development Ordinance 1412, construction of a single-family residence, and grading at 120 Oak Meadow Drive in Los Gatos, received on July 15, 2024. Per our review, we have the following comments:
1. There is no Valley Water right of way or facilities at the project site; therefore, in accordance with Valley Water’s Water Resources Protection Ordinance, a Valley Water encroachment permit is not required for the proposed improvements.
2. On Page 9 of the Town of Los Gatos Community Development Department Environmental Checklist Form, for Item (i), the document states “No Impact”. Please note that the project site is located within the James J. Lenihan dam inundation zone and include this information about the dam inundation zone in this document. Please revise the degree of impact, if needed.
3. The proposed development needs to follow the Guidelines and Standards for Land Use Near Streams, which was adopted by the Town of Los Gatos. In particular, see the sections on drainage, landscaping, and creek setbacks. More information can be found on our website here:
https://www.valleywater.org/contractors/doing-businesses-with-the-district/permits-workingdistrict-land-or-easement/guidelines-and-standards-land-use-near-streams.
4. According to Valley Water’s records, there are no wells within the property boundary. While Valley Water has records for most wells located in the County, it is always possible that a well exists that is not in Valley Water’s records. If previously unknown wells are found on the subject property during development, they must be properly destroyed under permit form Valley Water or registered with Valley Water and protected from damage. For more information, please call Valley Water’s Well Ordinance Program Hotline at (408) 630-2660.
For any questions, please contact me at For any future
correspondence, please reference File No. 28236.
Thank you,
ANDREW QUAN
ASSISTANT ENGINEER II - CIVIL
Community Projects Review Unit
Tel.
EXHIBIT 17
ITEM NO. 14.
VALLEY WATER
5750 Almaden Expressway, San Jose CA 95118
www.valleywater.org
ITEM NO. 14.
LOS GATOS PLANNING COMMISSION 7/24/2024, Item #3,
120 Oak Meadow Drive
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A P P E A R A N C E S:
Los Gatos Planning
Commissioners:
Steve Raspe, Chair
Jeffrey Barnett
Susan Burnett
Melanie Hanssen
Kathryn Janoff
Adam Mayer
Town Manager: Laurel Prevetti
Community Development
Director:
Joel Paulson
Town Attorney: Gabrielle Whelan
Transcribed by: Vicki L. Blandin
(619) 541-3405
ATTACHMENT 6
ITEM NO. 14.
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P R O C E E D I N G S:
CHAIR RASPE: Let’s move to our public hearings.
Item 3 on tonight’s agenda is Request for Approval for
Modification of Planned Development Ordinance 1412,
Subdivision of One Lot into Two Lots, Construction of a Single-Family Residence, and Site Work Requiring a Grading Permit on Property Zoned O-PD. Located at 120 Oak Meadow Drive, APN 529-10-131, Subdivision Application M-20-011, Planned Development Application PD-20-002, Architecture and Site Application S-22-021. The project is categorically exempt pursuant to CEQA Guidelines 15315, 15303, and 15304.
The property owners are Marty and Penny McFarland. Apps are Terence J. Szewczyk and Jay Plett.
May I have a show of hands from Commissioners who
have visited the site? Any disclosures? Seeing none, Mr.
Mullin, can I have the staff report, please?
SEAN MULLIN: Thank you, Chair, and good evening.
The request before you this evening for a modification to existing Planned Development Overlay Zone would allow a subdivision of one lot into two lots and construction of a new single-family residence.
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The subject property is located on Oak Meadow
Drive between Roberts Road and Blossom Hill Road within a planned development comprised of two-story townhomes, an office building, and a single-family residence on the
subject property.
The Applicant is requesting approval to modify PD
Ordinance 1412 to allow subdivision of the property into two lots and construct a new two-story single-family
residence. Parcel A would include the existing residence and Parcel B would be developed with the new residence.
The requested modifications to the PD Ordinance
include performance standards affecting both parcels to allow for deviations from the underlying Office zone
requirements in applicable sections of the Hillside Design Standards and Guidelines. These include for Parcel A lot coverage exceeding 40% and the existing residence exceeding FAR standards; and for Parcel B a lot size below what is required for this zone, a proposed residence exceeding FAR standards, lot coverage exceeding 40%, reduced setbacks, a portion of the residence located outside of the LRDA, and driveway slope exceeding 15%.
The Applicants discussed the requested
performance standards in their Letter of Justification and project description, and full discussion of each of the
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requested standards is included in your Staff Report. All other performance standards included in the existing PD Ordinance would remain in effect and would be carried
forward into a modified PD, which would replace the
existing.
The proposed residence on Parcel B was reviewed
by the Town’s consulting architect who provided two
recommendations and the Applicant provided a response to each recommendation, which is included in the Discussions section in your Staff Report.
When considering the immediate neighborhood the
proposed residence would not result in the largest
residential structure in terms of floor area or floor area ratio, would be the largest in terms of the two singlefamily residences in terms of FAR, and would not be the first two-story residence.
The Applicant seeks a recommendation from the
Planning Commission to the Town Council who will render the final decision.
If the Commission finds merit with the proposed
project Staff recommends taking the actions provided on page 13 of your Staff Report to forward the PD Subdivision and Architecture and Site applications to the Town Council with a recommendation for approval.
ITEM NO. 14.
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A Desk Item was distributed today that includes
additional public comment received after publishing the Staff Report and Staff’s response to Planning Commissioner questions.
This concludes Staff’s presentation and we are
available to answer any questions.
CHAIR RASPE: Thank you very much, Mr. Mullin.
Commissioners, any questions for Staff? Yes, Commissioner Burnett.
COMMISSIONER BURNETT: Thank you. For Staff. We
did get a letter from a neighbor concerned about the
driveway, and the driveway has been rearranged from the initial design. Was there any comment from the neighbor? SEAN MULLIN: Thank you for that question. After
the driveway was shifted from the west side to the east side of the property no additional comments were received.
COMMISSIONER BURNETT: Thank you for that. Then a
second question. When it comes to the Valley Water I
noticed there were four issues brought up. Have those all been resolved? Are there any problems from Valley Water regarding the project?
SEAN MULLIN: Thank you for that question. Those
comments were received today as Valley Water owns a
neighboring parcel that was included in the noticing
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radius, so Staff has not provided any input on those, but the Applicant may be able to speak to each of those
tonight.
CHAIR RASPE: Thank you so much. Just one
clarification. We do, I believe, have comments from the driveway neighbor who will be speaking later on.
Commissioner Barnett.
COMMISSIONER BARNETT: Mr. Mullin, my question is
since the matter before us involves a PD adjustment, do the standards for variances apply or not?
SEAN MULLIN: Thank you for that question. The
findings for the variance would not apply. What would apply are the findings required to approve a PD.
CHAIR RASPE: Commissioners, any questions for
Staff? Seeing none, I’ll then open up the public portion of this hearing to public comment and ask the Applicant to step forward. I notice I have three cards here from the Applicant: from Mr. Jay Plett, Terry Szewczyk, and Marty McFarland. You have a total of five minutes collectively, so I encourage you to allot time in whatever manner you wish.
TERENCE SZEWCZYK: Thank you. This project
represents the ideal creation of generational housing on one parcel, and that’s really the intent of SB 9. We would
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have changed this to an SB 9 application, however, the
underlying zoning is Office, so we are unable to use SB 9, so we’re here to ask you to recommend to the Council to modify the PD zoning to allow for this additional house.
The McFarlands, Penny and Marty, want to build a
house for their two daughters, and the land cost is ideal in this situation, because it is zero. Additionally, the parcel is surrounded by infrastructure for sewer, water, and PG&E, so it is a reasonable project that would take an oversized 18,000 square foot lot and put the McFarland’s 3,600 square foot house onto what would become a reduced 12,000 square foot lot, and then the new house would be approximately 2,448 square feet on a nearly 6,000 square foot lot, and the new house is three bedrooms.
In regard to the architecture or any issues with
the adjoining neighbor, Marty can speak to that.
We have carefully sited this house for tree
protection, as well as the safest and least impact from the driveway by coming from below and going up, and we do have a situation where we have to increase the slope to 17.5%, the reason being is we need to get up a little higher to avoid damaging the base of some spectacular oak trees.
In regard to letter from the Santa Clara Valley
Water District, we’ve been processing this application for
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two years. I’m a little shocked that they just responded today. In one of their comments the fact that this is
within the Lenihan Dam failure zone, there’s really nothing we can do about that. They wanted that potentially stated in our environmental review document, but we’re
categorically exempt, so it’s kind of a moot point. But the Lenihan Dam thing is the situation where the post office is going to end up down at Netflix, and that affects more than just us, so there’s really nothing we can do about that in terms of the environmental document.
They had another comment about the setbacks from
streams that are normally required by the Town. The
construction for this site and the house itself is 100’ away from the top-of-bank, so that comment really isn’t of any pertinence.
There was a comment about potential road
maintenance participation. Since Oak Meadow Drive is a
private road—it runs from Blossom Hill Road out to Roberts Road—I don’t think it would be unreasonable for us to agree to some kind of a condition to participate in road
maintenance.
In fact, the McFarlands already do participate in
road maintenance costs. They were removed from the
Homeowners Association many years ago as far as
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participating in typical activities of the Homeowners
Association, because their house is a bit different. It’s a historic residence that was sort of built around the
townhouses that are on narrow lots that also have adjoining walls, and some of the lots are Z-lots, so at some point it was agreed that they didn’t belong in the Homeowners
Association for maintenance and other reasons.
That’s all I have. Happy to answer some
questions.
CHAIR RASPE: Thank you so much, and actually
before you sit down I noticed that pretty much all the five minutes was taken during your presentation. We only have one agenda item tonight, so it’s my predisposition to allow a little bit of extra time if the homeowner or architect wishes to speak. Do you have anything additional to add? Is one minute satisfactory? If you would approach the podium and state your name for the record, please.
MARTY McFARLAND: Marty McFarland; that’s my wife
Penny. We’ve lived on the property for over 32 years and when we moved in our daughters were two and four years old.
Today our youngest daughter is 34; she’s a local special education teacher. We’re super proud of her for what she’s doing for a living, but at the same time teachers don’t make a lot of money, so we’re super excited about this
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project and the opportunity to provide them a lot so that they can build a house. Many of their friends are having to move out of the area because of the high cost of housing, so we’re excited about this. They’re currently in an
apartment. My daughter and her husband both went to Los Gatos High School. We look forward to your support. Thank you.
CHAIR RASPE: Thank you so much. Before you sit
down, Commissioners, do we have any questions for either the homeowner or the designer for this project? Seeing
none, again, thank you for your time.
I will now open the public portion of Item 3 to
receive comments from those other than the Applicant. I have two cards. Let’s begin with Paul Vieth. Sir, if you’ll please approach, and you’ll have three minutes in which to speak. Thank you so much.
PAUL VIETH: Paul Vieth. I live across from the
McFarlands and my wife and I have lived there since 1997. I am one of the three board members of Regency Court HOA. Our board has met on this subject and I represent the ten
homeowners of the Regency Court HOA.
This is the CC&Rs for the Regency Court HOA, and
included in your package that you received from Mr. Plett, the architect, is in 1985 the lot was removed from the HOA
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except for the purposes of contributing to the Regency
Court HOA for road maintenance, which is 12%, and pursuant to that agreement, which Mr. McFarland is a signature to, the Regency Court HOA retains a right of architectural
control over that lot.
As the Town lawyer knows, per the Davis-Stirling
Act the CC&Rs are an equitable servitude and go along with the deed, and there are clear guidelines in the CC&Rs on architectural approval for anything affected by the CC&Rs and the bylaws, and that process has not occurred. Although Marty did an excellent job of sending out an email to
everybody there was never an attempt to review this with the Architectural Committee or the HOA, and there is a very defined process in the CC&Rs, which Marty knows about, and those were not followed.
Back in October of 2021 when Marty asked if we
would give up two of our seven community parking spots so that he could put a driveway on the other side we
communicated to him no, it had to be on the other side and he objected to that, but we told him that the HOA would not approve that.
We also at that brought up removal of no oak
trees, which he has addressed, but we also expressed that we didn’t want a change to the view we currently see, we
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don’t want to see a house in the immediate view, or having windows facing our home, and that was made clear in an
email back to Marty as early as 2021.
Can I request more time since I’m speaking for
ten homeowners?
CHAIR RASPE: I think it’s equitable. Since I’ve
given the Applicant an additional one minute, I’ll present that same one minute to you, sir.
PAUL VIETH: There are a number of issues, and I
can’t do it in a minute, but I’ll try. One is on the third floor there is an office and a bedroom, and we would prefer that the lot was bigger, and that instead of three floors it was two floors with the master bedroom on the main floor so that it wasn’t looking out into our bedrooms.
At a minimum, those windows should absolutely be
reviewed. Our Architectural Committee did the same thing for one of our neighbors—subject to the same CC&Rs—who
wanted to put windows in their office and we told them no, he could put a skylight in, but for privacy reasons we
wouldn’t allow windows. Now they have privacy windows, but those can be easily changed when a house is sold, and we don’t want somebody sitting in an office looking at our property.
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I’m sorry, but there are four or five other key
things that the other ten homeowners would like to express here.
CHAIR RASPE: I appreciate that, but our time is
limited, so thank you so much for those comments. I
encourage you that if there is anything further you can put them in writing to the Town. Thank you so much.
I do have another member of the public here who
is ready to speak. Desiree Hedberg. If you would approach the podium, please. Thank you so much.
PAUL VIETH: Can I make just one other comment,
please?
CHAIR RASPE: Ten seconds.
PAUL VIETH: The other major one is the setback
on the property line is 6.5’ and we would like that to be further back from the property line.
CHAIR RASPE: Thank you very much. Before you sit
down, Commissioners may have questions for you.
Commissioner Barnett.
COMMISSIONER BARNETT: Would you allow me to see
the CC&Rs? I’ve represented many homeowners associations and I’m trying to figure out whether I need to recuse
myself. (Mr. Vieth hands a document to Commissioner
Barnett.) (Inaudible background conversation.)
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ATTORNEY WHELAN: The meeting is being recorded;
so all the comments need to be made at the podium so they can be captured.
COMMISSIONER BARNETT: Thank you for that
clarification. I did not (inaudible).
CHAIR RASPE: And I’m sorry, if you could repeat
that comment just so it’s in our record, please? Your
exchange with Commissioner Barnett, if you could just
repeat it for the record.
PAUL VIETH: That in the recitals for the CC&Rs
in your package is a page from the recitals that was
included by the architect that mentions that the Homeowners Association retains the right for architectural control.
CHAIR RASPE: Very good. Thank you so much. Did
that answer your question?
COMMISSIONER BARNETT: Yes.
CHAIR RASPE: Any other questions for the
speaker? Seeing none, thank you, sir, you may sit down.
Now, I’m sorry, Ms. Hedberg, if you would approach and
state your name for the record, please.
DESIREE HEDBERG: Hi, my name is Desiree Hedberg.
I’m a small business owner of affirming relationship
therapy. I’m directly adjacent to the property that’s being considered for dual parcelship and construction.
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My business is focused on creating a community of
therapists that work with people on mental health issues, and my concern, which I’m sure you jumped to right away, is that the noise factor with the construction could be
considerably significant and impact my business in a very negative way.
I’m not saying I’m not open to hearing more and
understanding more about the auditory impacts of this
project, however, of course I value the silence and the quiet of our area, and the beauty of our area, and the fact that one of the buildings looks like it’s going to be
looking directly down on me, that’s also HIPAA violations to consider on my part, which I could shade the glass to keep my peoples’ identities confidential, however, I don't know how much this is going to be an auditory and visual impact on my business.
Of course I have the option of moving my
business, but that is not my goal. I love this space, I love this area; it’s very quiet, it’s beautiful, majestic, and not one person that I see doesn’t comment on how
relaxing and quiet it is.
I’m just expressing a fear and maybe asking a
question of what do you perceive the auditory impact might be? Are there piers going in or are they I-beams where it’s
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a significantly loud noise? I know that will impact other therapists, chiropractors, and dentists in the area.
CHAIR RASPE: Thank you for those comments.
Commissioners, any questions? Commissioner Janoff.
COMMISSIONER JANOFF: Have you expressed your
concerns to the Applicant or the Applicant’s architect? DESIREE HEDBERG: No, I haven’t. I just received
notice last month with the placard that was out in front of the wall; thank you for that. And I also got a mailer, so I decided to come and express those concerns here.
COMMISSIONER JANOFF: Thank you.
CHAIR RASPE: Thank you. Any other questions?
Thank you, you may sit down. I’ll invite the Applicant now.
Again, you’ll have a total of three minutes to speak, so you can assign any representative or combination of
representatives that you wish. I would encourage you, at least from my own mind, to address the CC&R and privacy issues. Thank you.
TERENCE SZEWCZYK: It’s great to know that we
have a CC&R expert on the Planning Commission. But
obviously if we’ve overlooked the formal HOA Architectural Committee review of the plans we’ll have to complete that, so that’s our comment relative to that issue. Jay can speak
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to the window placement and the privacy issues across the street with the neighbors.
JAY PLETT: The window that faces the townhomes
is a bedroom window; it’s not a living room, it’s not a place where people will be up there partying and looking down on everybody, not to mention the fact that the
townhouses look back at the house anyway, and they both have windows.
It was mentioned the house has a 6.5’ setback. It
is 6.5’, but then there is 20’ of parking, and then there is a road for the townhomes, so our home and those windows are probably 30’ away from anybody. The existing
McFarland’s home is just as close, if not closer, to the street, and there are townhomes that are almost bordering right on the road, and that was taken off the GSI maps, and that’s documented on our sheet; I believe it’s A1.1. You can see the site plan, how our house sits, how the
McFarlands at 120 sit, and how the townhomes are laid out, and some of the townhomes are right there on the edge of the road.
As far as any windows, let’s talk about noise.
Yes, there is noise when anything is built, but no, we
don’t anticipate any driving of piles or anything like that that are going to make excessive noise, just typical
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construction like goes on around town all day long, road repair, things like that.
CHAIR RASPE: Thank you so much. Commissioners,
any further questions? Commissioner Hanssen.
COMMISSIONER HANSSEN: The consulting architect
had some comments on the design of the house and you had contested his points. I haven’t seen this very often, but did our consulting architect get it wrong? You countered all of his points.
JAY PLETT: You mean as far as some of the
recommendations?
COMMISSIONER HANSSEN: Yes.
JAY PLETT: I just didn’t agree with it. The
driveway floats. It floats over the tree roots in order to preserve the tree, and stone doesn’t float, it’s not
something that it works that way, so it’s not an
appropriate use of materials in my opinion.
I think we did comply with some of what Larry
recommended, but not all of it. Did you get my little
handout that explains the elevation? The red line at the base is street level of the townhomes, and you can see from the street level the house is only 22’ tall, the eaves are at 15’; it’s a very modest house. The McFarland’s house, the existing house at 120, towers over this house. The
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townhomes have more of a presence than what this elevation is going to have to the people who live in that
development.
COMMISSIONER JANOFF: Thank you for the
clarification and the sheet before us. To the concern with the Homeowners Association that they’d be looking at a
three-story structure, would it be your contention that they’re essentially looking at a one-story structure from the elevation that faces the townhomes?
JAY PLETT: This is first that’s come up about
the HOA. I have no knowledge about it; Terry would know more than me, but I can tell you this. At the inception of this house Marty told me, “Jay, I don’t want to lose any trees.” Of our trees, they have a very expensive arborist who takes care of their trees, so the first thing I did is I got an arborist out there and I said, “How close can we get to these trees?” That’s what created the setbacks for the building, not an arbitrary distance from a property line.
COMMISSIONER JANOFF: Let me just interrupt you.
I’m not concerned so much with the setbacks, my concern was with the statement that they prefer it to be a two-story rather than a three-story structure, which implies that the Homeowners Association would be looking at a three-story
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elevation, and what I’m looking at here looks like the
three-story steps down behind the elevation.
JAY PLETT: Yes, that is what you would see from
the HOA.
COMMISSIONER JANOFF: So this elevation, which is
the west elevation, is what they would be seeing. They
would not be seeing the three stories?
JAY PLETT: No, no.
CHAIR RASPE: Thank you. Any other questions,
Commissioners? Seeing none. I’m sorry, Mr. Paulson, I
skipped over do we have any public comments on Zoom?
JOEL PAULSON: Thank you, Chair. For the
individual on Zoom, if you wish to speak on this item as a member of the public, please raise your hand. I don’t see a hand raised.
CHAIR RASPE: All right, thank you. Then I will
close the public portion of Agenda Item 3 and then open the matter to Commission discussion. Commissioners, I request your comments, thoughts, or if appropriate, a motion.
Commissioner Hanssen.
COMMISSIONER HANSSEN: While it certainly isn’t
not according to procedure, I found it pretty troubling to be this far in the process and then have the CC&R issue come up. While there was some small amount of time put into
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a couple of issues that were brought up by the head of the Homeowners Association, I’m not sure that this can be
approved at this point without that process being
completed. I just wondered if other Commissioners or our Town Attorney had some comments, because it seemed like they do have jurisdiction over this project.
ATTORNEY WHELAN: Yes, I do have thoughts. As you
know, CC&Rs are private agreements between private parties.
They’re not typically enforced by public entities, but that said, it would be concerning for the Town to approve an entitlement that was in conflict with a private agreement, so the most conservative course of action would be for me to review the CC&Rs to confirm that they read as they were described, and then to get back to the Planning Commission with a recommendation.
CHAIR RASPE: And out of curiosity, Counsel, how
long would it take for you to review the CC&Rs to make that determination?
ATTORNEY WHELAN: I expect that I could have that
completed in time for the next Planning Commission meeting.
CHAIR RASPE: Very good. Commissioner Barnett.
COMMISSIONER BARNETT: The Homeowners Association
representative indicated that the CC&Rs require approval, so if the board hasn’t presented an agenda item within the
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Homeowners Association requirements and has not made a
decision for architecture approval or…I’m sorry, if the CC&Rs also relate to the road, that certainly needs to be explored, so I’m in agreement with Commissioner Hanssen that from my perspective the best option for us is to
continue the hearing.
CHAIR RASPE: Thank you. Other Commissioners?
Commissioner Janoff.
COMMISSIONER JANOFF: Question for the Town
Attorney on a different issue. We heard from our small
business owner that there is a concern about privacy with respect to their patients or clients and visual access to identify; the assertion was made that that would violate HIPAA. I’d like the Town’s opinion on that issue.
ATTORNEY WHELAN: In my opinion that would not
violate HIPAA because HIPAA relates to the disclosure of private medical information and documentation, and this would not be that situation.
COMMISSIONER JANOFF: Thank you. One other
question, if I may?
CHAIR RASPE: Yes, please.
COMMISSIONER JANOFF: Also for the Town Attorney.
The HOA indicated that they were concerned with the loss of views. It’s the Planning Commission’s understanding that
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views are not protected in Los Gatos, as unfortunate as that might be, and I’d like the Town Attorney to weigh in on that.
ATTORNEY WHELAN: Yes, I can confirm that the
Town does not currently have a view ordinance. One way that views can be protected is for property owners to purchase private view easements.
COMMISSIONER JANOFF: Thank you for that. I just
wanted to make a comment. Should the matter be continued tonight in order for the Homeowners Association and the Applicant to have a conversation regarding the obligations of the Homeowners Association agreement, please understand what is and is not within the purview of the Homeowners Association to control.
CHAIR RASPE: Thank you for those comments,
Commissioners. So if I’m reading the room correctly it
seems like we’re all in agreement that we’re missing some major pieces to this puzzle, and perhaps a continuance to allow those pieces to be put into place would be beneficial to all. My question is, and it’s perhaps a question to the Applicant, how long do you think you would need to review these open issues and come back to us with the answers that we think we need?
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TERENCE SZEWCZYK: I think it’s a function of how
quickly the Architectural Review Committee can be
assembled.
CHAIR RASPE: Very good, then I’ll open the
public portion again, and if I can ask you a question, Mr.
Vieth. How long do you think it would take for the
architectural review process to go forward, assuming that was required after Town Council requires that?
PAUL VIETH: It would not take long, but I would
prefer first before that happens to meet with the Town
Attorney and discuss whether the Davis-Stirling Act impacts this and those statutes are relevant here, so then I know to address Commissioner Janoff’s comment about the view, because the CC&Rs are under Davis-Stirling and they clearly give us control over the views if they’re covered under the Davis-Stirling action, so I would like to review that with the attorney first, then once that’s done to (inaudible).
My wife Laura is the chairman of the Architectural
Committee.
CHAIR RASPE: That answers my question. Thank you
so much. I’ll close the public portion of the hearing
again, and then I will ask the Town Attorney: I’m not
committing you to meet with anybody or discuss anything with anybody, but I want to set enough time before we
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reschedule this for a hearing. Is a month’s time adequate, do you think, to make a determination in the first instance whether the CC&Rs are in play here, and then to allow
perhaps a CC&R review?
Ms. Armer, I think you wish to speak as well.
JENNIFER ARMER: If I may jump in, because there
was also discussion of review by the HOA of the
architectural design, and if that is truly a portion of their required process that Planning Commission would like to see completed, we would probably recommend it be
continued to a date uncertain so that they have time to do that, and then we would renotice so that there is time, because we don’t know whether that would result in changes to the architectural style of design.
CHAIR RASPE: Thank you, that sounds like sound
advice to me. Commissioners, any further comments?
Commissioner Hanssen.
COMMISSIONER HANSSEN: I wanted to bring up one
other thing with the Town Attorney, and it was brought up by our business owner commenter and was about noise from construction. Although the architect did address it to a certain extent, it is my understanding, having been on the Commission for a while, that we don’t normally factor that into approvals of projects. Construction is part of the
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process and there are usually hours set for construction, but I don’t think that’s a reason not to do a project.
ATTORNEY WHELAN: That’s correct. The Town’s
purview is whether the proposed project conforms to the Town standards. The Town does have requirements for when construction can occur, and so if this project were
approved the Town would confirm that the Applicant was
conforming to those requirements.
CHAIR RASPE: Thank you. One final question for
Staff. In the event we wish to make a motion to continue to an uncertain date do we have to state the grounds for the motion? That is that we want certain findings made, or just ask for continuance?
ATTORNEY WHELAN: There is no requirement to
state it, but I do think it will be helpful for the
minutes. Looking back it will help explain why it was
continued.
CHAIR RASPE: Thank you so much. Commissioner,
any further questions or comments?
With that being said, I will make then the motion
to continue the matter to a date uncertain for Agenda Item 3, that is the request for approval for modification of Planned Development Ordinance 1412, Subdivision of One Lot into Two Lots, Construction of a Single-Family Residence,
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and Site Work Requiring a Grading Permit on Property Zoned O-PD, located at 120 Oak Meadow Drive with a special
emphasis on resolving any open issues presented by the
CC&Rs and privacy concerns of the neighbors.
Commissioners, any further additions to the
motion? Seeing none, do I have a second? Commissioner
Janoff.
COMMISSIONER JANOFF: I’ll second the motion.
CHAIR RASPE: Thank you. Discussion? Then by a
show of hands can I see all those in favor of the motion? The motion carries unanimously. Thank you all.
(END)
ITEM NO. 14.
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ITEM NO. 14.
PREPARED BY: Sean Mullin, AICP
Planning Manager
Reviewed by: Community Development Director
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6872 www.losgatosca.gov
TOWN OF LOS GATOS
PLANNING COMMISSION
REPORT
MEETING DATE: 12/11/2024
ITEM NO: 3
DATE: December 6, 2024
TO: Planning Commission
FROM: Joel Paulson, Community Development Director
SUBJECT: Requesting Approval for Modification of Planned Development Ordinance 1412, Subdivision of One Lot into Two Lots, Construction of a Single-Family Residence, and Site Work Requiring a Grading Permit on Property Zoned O:PD. Located at 120 Oak Meadow Drive. APN 529-10-131. Subdivision Application M-20-011, Planned Development Application PD-20-002, Architecture and Site Application S-22-021. Categorically Exempt Pursuant to CEQA Guidelines Sections 15315: Minor Land Divisions; 15303: New Construction; and 15304: Minor Alterations to Land. Property Owner: Marty and Penny McFarland. Applicants: Terence J. Szewczyk (M-20-011 and PD-20-002) and Jay Plett, Architect (S-22-021). Project Planner: Sean Mullin.
RECOMMENDATION:
Forward a recommendation of approval to the Town Council on a request for modification of Planned Development Ordinance 1412, subdivision of one lot into two lots, construction of a single-family residence, and site work requiring a Grading Permit on property zoned O:PD, located at 120 Oak Meadow Drive.
BACKGROUND:
On July 24, 2024, the Planning Commission received the staff report, applicant’s presentation, and public comments on the proposed project (Exhibit 18). Included in the public comments was testimony from a neighbor and board member of the Regency Court Homeowners Association (HOA) who indicated that the HOA maintained architectural control over the subject property even though it had been removed from the HOA in 1985. Further, the HOA board member indicated that architectural review by the HOA had not been completed. After discussing the matter, the Planning Commission voted to continue consideration of this item to a date uncertain to allow the applicant sufficient time to coordinate with the HOA.
ATTACHMENT 7
ITEM NO. 14.
PAGE 2 OF 5
SUBJECT: 120 Oak Meadow Drive/M-20-011, PD-20-002, S-22-021 DATE: December 6, 2024
DISCUSSION:
In October 2024, the HOA provided a letter summarizing the coordination between the HOA, property owner, and architect (Exhibit 19). The letter also provided the HOA’s conditional approval of the proposed project. The HOA’s conditions include requiring that the second-story window on the west elevation is to utilize obscured glass, restricting the current and future owners from removing or modifying the existing brick wall along the west property line, and that this wall is to be extended to the north using the same vertical siding as is proposed on the second story of the residence. Additional conditions related to construction activities, garbage collection, access, road maintenance, and costs related to updating the CC&Rs are also included.
The applicant submitted a response letter (Exhibit 20) summarizing their agreement to the HOA conditions and the changes made to the revised development plans in response (Exhibit 21), which include obscured glass on the second-story window on the west elevation (Sheet A-5), extension of the wall along the west property line, and a construction access plan (Sheet A-1).
While the Town is not responsible for enforcing private-party agreements included in CC&Rs, the revised development plans included as Exhibit 21 incorporate the HOA’s conditions, summarized above, that impact the proposed residence. With any approval of the project, the revised development plans will be included with the draft Planned Development Ordinance (Exhibit 3) and the requirement to obscure glass and extend the existing wall would be enforced by the Town. The Planning Commission may choose to incorporate all or some of the HOA conditions into the draft Planned Development Ordinance included as Exhibit 3 with their recommendation to the Town Council.
PUBLIC COMMENTS:
Notice cards for the Planning Commission meeting were mailed to all property owners and residents within 300 feet of the PD, a legal advertisement was published in the newspaper, and meeting agendas were posted at Town Hall and the Library. As of the publishing of this report, no public comments have been received.
CONCLUSION:
A. Summary
The applicant is requesting approval for modification of Planned Development Ordinance 1412 to allow subdivision of one lot into two lots, construction of a single-family residence, and site work requiring a Grading Permit. The applicant also requests modifications to the performance standards in the PD Ordinance to allow deviations from the underlying zoning and applicable sections of the HDS&G allowing the following:
ITEM NO. 14.
PAGE 3 OF 5
SUBJECT: 120 Oak Meadow Drive/M-20-011, PD-20-002, S-22-021 DATE: December 6, 2024
Parcel A
Lot coverage exceeding 40 percent; and
Existing residence exceeding FAR standards.
Parcel B
Lot size below what is required by the zone;
Proposed residence exceeding FAR standards;
Lot coverage exceeding 40 percent;
Reduced setbacks;
Portion of the residence located outside of the LRDA; and Driveway slope exceeding 15 percent.
No other exceptions are requested. Regarding consistency with the immediate neighborhood, the proposed single-family residence on Parcel B would not result in the largest residential structure in terms of floor area or FAR, would be the largest of the two single-family residences in terms of FAR, and would not be the first two-story residence. The applicant seeks a recommendation from the Planning Commission to the Town Council, who will render the final decision on the project.
B. Recommendation
If the Planning Commission finds merit with the proposed project, staff recommends the Commission take the following actions to forward the PD, Subdivision, and Architecture and Site applications to the Town Council with a recommendation for approval of the proposed project, by recommending that the Town Council:
1. Make the finding that the proposed project is Categorically Exempt pursuant to the adopted Guidelines for the Implementation of the California Environmental Quality Act, Sections 15315: Minor Land Divisions; 15303: New Construction; and 15304: Minor Alterations to Land (Exhibit 2);
2. Make the finding that the amendment to the Planned Development Overlay is consistent Town Code Section 29.80.095 (Exhibit 2);
3. Make the finding that the project complies with the objective standards of Chapter 29 of the Town Code (Zoning Regulations) except for the requested modifications to the lot coverage limitations for Parcels A and B; and the minimum lot size and setbacks for Parcel B, which are appropriate due to the constraints of the site (Exhibit 2);
4. Make the finding that the amendment to the Planned Development Overlay is consistent with the General Plan (Exhibit 2);
5. Make the findings as required by Section 66474 of the Subdivision Map Act (Exhibit 2);
ITEM NO. 14.
PAGE 4 OF 5
SUBJECT: 120 Oak Meadow Drive/M-20-011, PD-20-002, S-22-021 DATE: December 6, 2024
6. Make the finding that the project complies with the applicable sections of the Hillside Development Standards and Guidelines for a property with an average slope of 10 percent or greater, except for the requested modification to allow a maximum driveway slope greater than 15 percent and for a portion of the residence located outside of the LRDA, which are appropriate due to the constraints of the site (Exhibit 2);
7. Make the finding that the project is consistent with the Residential Design Guidelines (Exhibit 2);
8. 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
9. Approve Planned Development application PD-20-002 to adopt the Planned Development Ordinance (Exhibit 3); approve Subdivision application M-20-011; and Architecture and Site Application S-22-021 inclusive of the recommended conditions of approval included as Exhibit 4 and the revised development plans included as Exhibit 21.
C. Alternatives
Alternatively, the Commission can:
1. Continue the matter to a date certain with specific direction; or
2. Recommend approval of the applications with additional and/or modified conditions; or
3. Recommend denial of the applications and make the required findings for denial EXHIBITS:
Exhibits previously received with the July 24, 2024, Staff Report:
1. Location Map
2. Required Findings and Considerations
3. Draft Planned Development Ordinance
4. Recommended Conditions of Approval
5. Planned Development Ordinance 1412
6. Letter of Justification
7. Project Description
8. Color and Materials Board
9. Letter of Justification for Garage Terrace
10. Town’s Consulting Architect Report
11. Response to Consulting Architect’s Recommendations
12. Arborist Report
13. Summary of Neighbor Outreach
14. Building Envelope Study by Applicant
15. Development Plans
16. Public Comments received by 11:00 a.m., Friday, July 19, 2024