ITEM NO. 1.
6+((76
6+((7
2)
6&$/(
'$7(
'5$:1
-2%
3(50,76(7&216758&7,216(735(/,0,1$5<6(73/$1&+(&.6(7'(6,*15(9,(:6(7 5(9,6,216 %<
$5&+,7(&7
&+5,663$8/',1*
)$;
%(5.(/(<&$/,)251,$
&$0(/,$675((768,7((
'5$:,1*635(3$5('%<
/26*$726&$/,)251,$
CS/DBNICOL6-6-2024
29
6.(11('<5'
AS NOTED
$352326('1(:+20()25
1,&2/5(6,'(1&(
9-18-24
11-18-2024
12-18-2024 D E C K
ROOF RIDGE ELEV: 561.42' GRADE ELEV BELOW: 542.5' VERTICAL HEIGHT DIFF: 18.92' RIDGE
561.42'
LOWER ROOF EAVE (SOUTHWEST FACING) 548.38'
LOWER ROOF EAVE (NORTH FACING) 553.9'
RIDGE
560.54'
RIDGE
561.0'
RIDGE
560.62'
EAVE
559.34'
EAVE
558.9'
EAVE
558.25', TYPICAL, U.N.O.
ROOF RIDGE ELEV: 560.62' GRADE ELEV BELOW: 541.5' VERTICAL HEIGHT DIFF: 19.12' EAVE ELEV: 548.38' GRADE ELEV BELOW: 526.75' EAVE ELEV: 548.38' VERTICAL HEIGHT DIFF: 21.63' GRADE ELEV BELOW: 527.25' VERTICAL HEIGHT DIFF: 21.13' EAVE ELEV: 557.31' GRADE ELEV BELOW: 534.0' VERTICAL HEIGHT DIFF: 23.31' $
BUILDING HEIGHT STUDY 1" = 10' - 0"
LOWEST POINT @ PERIMETER 527.0'
DATE ALTITUDE AZIMUTH
SOLAR SHADOW TABLE
DEC 21
TIME
DEC 21
JUN 21JUN 21
9 AM 14 42
3 PM 14 42
9 AM 47 77
3 PM 47 77
DEC 21 3 PM JUN 21 3 PM
DEC 21 9 AM
JUN 21 9 AM
SHADOW STUDY 1"=10'-0"
DEC 21, 9 AM SHADOW
DEC 21, NOON
SHADOW (CROSS
HATCH)
DEC 21, 3 PM SHADOW
APPROXIMATE LOCATION OF ADJACENT HOUSE
APPROXIMATE LOCATION OF ADJACENT HOUSE
JUNE 21,
9 AM
SHADOW
(LIGHT
SHADE)
JUNE 21,
3 PM
SHADOW
(LIGHT
SHADE)
JUN 21, NOON
SHADOW (DARKERSHADE)
ITEM NO. 1.
063&
$
BASEMENT FLOOR PLAN 1/4"=1'-0"
0 5 10 15
BEDROOM 5
HALLWAY
STORAGE
EQUIPMENT
W.I.
CLO
1/2 BATH
CLO
SITTING ROOM
LANDING
ELEVATOR
HALL
ELEVATOR
13'-0" 9'-0" 10'-5" 15'-7" 13'-0" 23'-0" 12'-0" 4'-3"
10'-8"
25'-0"
116°
22'-512"
17'-4"
7'-8"
6'-8"
15'-912"
7'-9"
7'-8"
5'-514"
6'-0" 12'-0" 13'-0"
6+((76
6+((7
2)
6&$/(
'$7(
'5$:1
-2%
3(50,76(7&216758&7,216(735(/,0,1$5<6(73/$1&+(&.6(7'(6,*15(9,(:6(7 5(9,6,216 %<
$5&+,7(&7
&+5,663$8/',1*
)$;
%(5.(/(<&$/,)251,$
&$0(/,$675((768,7((
'5$:,1*635(3$5('%<
/26*$726&$/,)251,$
CS/DBNICOL6-6-2024
29
6.(11('<5'
AS NOTED
$352326('1(:+20()25
1,&2/5(6,'(1&(
9-18-24
11-18-2024
12-18-2024
535.05' CONTOUR LINE FLOOR ELEVATION ABOVE 539.05' AREA W/ FLOOR LEVEL 4' ABOVE [E] GRADE COUNTED TOWARDS FAR
AREA DOES NOT COUNT TOWARDS FAR
2'-6" 8'-412"
12'-0"
BEDROOM 4
BEDROOM 3
'JACK & JILL'
BATH
CLO
CLO
B
B
A
A
C
D D
D
'SODOR' DWE
532610
EXTERIOR LIGHTING LEGEND
LED RECESSED LIGHTING WITH MOTION &
PHOTOCELL SENSOR HALO RL460WH930
4" WITH RETROFIT BAFFLE TRIM, 3000K
PLAN
SYMBOL ID
FIXTURE
NAME/MODEL IMAGE QUANTITY LUMENS DARK SKY COMPLIANT
4 560 YES
063& 2 530 YES
063&
ITEM NO. 1.
063&
06 3&
063&
063&
06 3&
06 3&
063&063&
06 3&
063&063&
$ 1ST FLOOR PLAN 1/4"=1'-0" 0 5 10 15
FAMILY ROOM
DINING ROOM LIVING ROOM
BUTLER'S
PANTRY
DECK
PANTRY
MUDROOM
1/2 BATH 2-CAR GARAGE
LAUNDRY
ELEVATOR
HALL
CLO
ENTRY COVERED
PORCH
KITCHEN
ELEVATOR
2'-6" 9'-0" 27'-0"
7'-9" 2'-0" 13'-0"
4'-0" 22'-0"
1'-0"
8'-0" 13'-0"
11'-11" 6'-0" 7'-11"
20'-1014"
18'-6"
25'-0"
7'-0"
48'-0"
2'-0" 2'-0" 4'-3"
6+((76
6+((7
2)
6&$/(
'$7(
'5$:1
-2%
3(50,76(7&216758&7,216(735(/,0,1$5<6(73/$1&+(&.6(7'(6,*15(9,(:6(7 5(9,6,216 %<
$5&+,7(&7
&+5,663$8/',1*
)$;
%(5.(/(<&$/,)251,$
&$0(/,$675((768,7((
'5$:,1*635(3$5('%<
/26*$726&$/,)251,$
CS/DBNICOL6-6-2024
29
6.(11('<5'
AS NOTED
$352326('1(:+20()25
1,&2/5(6,'(1&(
9-18-24
11-18-2024
12-18-2024
5'-6"
3'-3"
3'-9"
3'-1112"
13'-2"
DECK
BALCONY
30'-0"
14'-3" 1'-4"
20'-612"
27'-812"
15'-8"
25'-2"
B
B
1'-6"
12'-0"
5'-8"
A
A
C
D D
D
SLOPED CEILING SLOPED CEILING
SLOPED CEILING
SLOPED CEILING
SLOPED CEILING
HALL
ITEM NO. 1.
$
ROOF PLAN 1/8"=1'-0"
0 5 10 15
LOW RETAINING WALL
2ND FLOOR PLAN 1/4"=1'-0"
0 5 10 15
MASTER
CLOSET
MASTER BATH
MASTER BEDROOM
BEDROOM 2
HALLWAY
CLO LINEN
BATH 2
CLO
ELEVATOR
2'-6" 14'-6" 9'-0" 18'-0" 2'-0" 2'-0"
9'-0" 5'-6"
7'-0" 7'-9" 2'-0" 2'-9"
18'-0" 17'-0" 11'-0" 2'-0"
4'-6"
5'-6" 11'-6" 5'-6" 11'-0"
6+((76
6+((7
2)
6&$/(
'$7(
'5$:1
-2%
3(50,76(7&216758&7,216(735(/,0,1$5<6(73/$1&+(&.6(7'(6,*15(9,(:6(7 5(9,6,216 %<
$5&+,7(&7
&+5,663$8/',1*
)$;
%(5.(/(<&$/,)251,$
&$0(/,$675((768,7((
'5$:,1*635(3$5('%<
/26*$726&$/,)251,$
CS/DBNICOL6-6-2024
29
6.(11('<5'
AS NOTED
$352326('1(:+20()25
1,&2/5(6,'(1&(
9-18-24
11-18-2024
12-18-2024
3'-3"
ROOF SLOPE = 212 : 12, TYPICAL
ROOFING: STANDING SEAM METAL ROOF
PEAKED CEILING
PEAKED CEILING BALCONY
3'-0"
10'-0" 9"
PV PANELS LOCATION
PV PANELS LOCATION
B
B
A
A
C
D D
D
C C
8'-814" PLATE
9'-0" PLATE
9'-0" PLATE
9'-0" PLATE 9'-0" PLATE
8'-034" PLATE
9'-938" ± PLATE
9'-0" PLATE
9'-0" PLATE
9'-0" PLATE
9'-0" PLATE
9'-0" PLATE
ITEM NO. 1.
$
1 A8
12 212, TYPICAL
6+((76
6+((7
2)
6&$/(
'$7(
'5$:1
-2%
3(50,76(7&216758&7,216(735(/,0,1$5<6(73/$1&+(&.6(7'(6,*15(9,(:6(7 5(9,6,216 %<
$5&+,7(&7
&+5,663$8/',1*
)$;
%(5.(/(<&$/,)251,$
&$0(/,$675((768,7((
'5$:,1*635(3$5('%<
/26*$726&$/,)251,$
CS/DBNICOL6-6-2024
29
6.(11('<5'
AS NOTED
$352326('1(:+20()25
1,&2/5(6,'(1&(
9-18-24
11-18-2024
12-18-2024
10'-0" 9'-0" 9'-0" 1ST FLOOR 539.05'
BSMT FLR
528.0'
2ND FLOOR
549.1'
SOUTHWEST ELEVATION 1/4"=1'-0"
0 5 10 15
NORTHEAST ELEVATION 1/4"=1'-0"
0 5 10 15
STANDING SEAM
METAL ROOFING
RECESSED WOOD-CLAD WINDOWS COLOR: DARK BRONZE
[E] & [F] 527.3'
T.O.W. 539.05'
[F] 527.33'
[E] 530.5'
[E] 529.0'
[F] 527.33'
[E] & [F] 541.5'
[E] & [F] 550.3'
1ST FLOOR
539.05'
BSMT FLR
528.0'
2ND FLOOR
549.1' [E] & [F] 549.18'
[E] 549.0'
[E] 547.0'
[F] 548.0'
[E] 547.0'
[E] & [F] 546.5'
CONTEMPORARY
METAL RAILING
PROPOSED MAX. HEIGHT FROM LOWEST POINT @ BUILDING PERIMETER = 34'-8" LOWEST POINT @
PERIMETER 527.0'
ALL EXTERIOR WINDOWSSHALL BE TEMPERED GLASS
TO REDUCE GLARE
25'-0"
10'-8"
10'-8"
18'-8" FROM FARTHEST POINT
OF DECK TO [E] GRADE
10'-8"
11" (3 FT. MAX.
ALLOWED)
WINDOW JAMB 1 NTS
1 2" PLYWOOD
78" STUCCO
'MARVIN' CLAD
WINDOW EXTERIOR
(2) 2x6
1 2" GYP. BOARD
INTERIOR (2) 2x4
REFER TO THE BUILDING
HEIGHT STUDY ON SHEET A4
FOR EXACT HEIGHTS ABOVE
EXISTING GRADE
SMOOTH STUCCO SIDING
COLOR: SHERMAN WILLIAMS
'CHATURA GRAY'
LRV 30
ITEM NO. 1.
$
6+((76
6+((7
2)
6&$/(
'$7(
'5$:1
-2%
3(50,76(7&216758&7,216(735(/,0,1$5<6(73/$1&+(&.6(7'(6,*15(9,(:6(7 5(9,6,216 %<
$5&+,7(&7
&+5,663$8/',1*
)$;
%(5.(/(<&$/,)251,$
&$0(/,$675((768,7((
'5$:,1*635(3$5('%<
/26*$726&$/,)251,$
CS/DBNICOL6-6-2024
29
6.(11('<5'
AS NOTED
$352326('1(:+20()25
1,&2/5(6,'(1&(
9-18-24
11-18-2024
12-18-2024
SOUTHEAST ELEVATION 1/4"=1'-0"
NORTHWEST ELEVATION 1/4"=1'-0"
BSMT FLR 528.0'
1ST FLR 539.05'
2ND FLR 549.1'
T.O.S. @ GARAGE
DOOR 538.97'
[F] 538.97'
[E] & [F] 527.3'
[E] 529.0'
[E] 527.33'
BSMT FLR 528.0'
1ST FLR 539.05'
2ND FLR 549.1'
[E] & [F] 529.0'
[E] & [F] 541.5' [E] & [F] 541.5'
[E] & [F] 550.3'
T.O.W. 539.05'
[F] 527.83'
[E] 532.4'
PROPOSED MAX. HEIGHT FROM LOWEST POINT @ BUILDING PERIMETER = 34'-2" CONTEMPORARY BLACK METAL AND GLASS GARAGE DOOR
ALL EXTERIOR WINDOWSSHALL BE TEMPERED GLASS
TO REDUCE GLARE
10'-7
58 "
25'-0"
25'-0"
25'-0"
THIS PORTION OF
ROOF IS IN THE
BACKGROUND - SEE
NORTHWEST
ELEVATION HEIGHT
LINE
REFER TO THE BUILDING
HEIGHT STUDY ON SHEET A4
FOR EXACT HEIGHTS ABOVE
EXISTING GRADE
ITEM NO. 1.
$
0 5 10 15
6+((76
6+((7
2)
6&$/(
'$7(
'5$:1
-2%
3(50,76(7&216758&7,216(735(/,0,1$5<6(73/$1&+(&.6(7'(6,*15(9,(:6(7 5(9,6,216 %<
$5&+,7(&7
&+5,663$8/',1*
)$;
%(5.(/(<&$/,)251,$
&$0(/,$675((768,7((
'5$:,1*635(3$5('%<
/26*$726&$/,)251,$
CS/DBNICOL6-6-2024
29
6.(11('<5'
AS NOTED
$352326('1(:+20()25
1,&2/5(6,'(1&(
9-18-24
11-18-2024
12-18-2024
SECTION C-C 1/4"=1'-0"
BSMT FLR 528.0'
1ST FLR 539.05'
T.O.S. @ GARAGE
DOOR 538.97'
0 5 10 15
SECTION D-D 1/4"=1'-0"
0 5 10 15
SECTION A-A 1/4"=1'-0"
0 5 10 15
SECTION B-B 1/4"=1'-0"
KITCHEN LAUNDRY
SLOPED CEILING
FAMILY ROOM ENTRY COVERED
PORCH
KITCHEN
SLOPED CEILING SLOPED CEILING
HALL
ANGLED SECTION LINE SLOPED CEILING
VENTED ATTIC
LAUNDRY GARAGE
ELEVATOR SHAFT MUDROOM
VENTED ATTIC
FAMILY ROOM
SLOPED CEILING DECK
MASTER BEDROOM
PEAKED CEILING
MASTER BEDROOM
PEAKED CEILING
MASTER BATH BEDROOM 2
PEAKED CEILING
2ND FLR 549.1'
2ND FLR 549.1'
1ST FLR 539.05'
1ST FLR 539.05' 1ST FLR 539.05'
BSMT FLR 528.0'
BSMT FLR 528.0' BSMT FLR 528.0'
SITTING ROOM EQUIPMENT STORAGE
BEDROOM 5 HALLWAY
STORAGE
10'-0" 9'-0"
9'-0" PLATE
PROPOSED MAX. HEIGHT FROM LOWEST POINT @ BUILDING PERIMETER = 34'-8" DECK SITTING ROOM HALLWAY BEDROOM 3
10'-0"
10'-0" 9'-0" PLATE
8'-8
14" PLATE
9'-9
38" PLATE
ITEM NO. 1.
$
CROSS SITE SECTION A-A 3/32"=1'-0"
6+((76
6+((7
2)
6&$/(
'$7(
'5$:1
-2%
3(50,76(7&216758&7,216(735(/,0,1$5<6(73/$1&+(&.6(7'(6,*15(9,(:6(7 5(9,6,216 %<
$5&+,7(&7
&+5,663$8/',1*
)$;
%(5.(/(<&$/,)251,$
&$0(/,$675((768,7((
'5$:,1*635(3$5('%<
/26*$726&$/,)251,$
CS/DBNICOL6-6-2024
29
6.(11('<5'
AS NOTED
$352326('1(:+20()25
1,&2/5(6,'(1&(
9-18-24
11-18-2024
12-18-2024
BSMT FLR 528.0'
1ST FLR 539.05'
2ND FLR 549.1'
⅊
⅊
16565 S. KENNEDY RD
[E] 1 STORY HOUSE
16515 S. KENNEDY RD
[E] 2 STORY HOUSE
ITEM NO. 1.
ITEM NO. 1.
ITEM NO. 1.
GRADING AND DRAINAGE PLANS DATE:
SCALE:
DESIGN:
DRAWN:
CHECK:
ENGR:
PROJECT NO.:
NTS
SHEET OF 1
REV.: SEPT. 2016
GRADING AND DRAINAGE PLANS
16497 SOUTH KENNEDY ROAD
GRADING PERMIT APPLICATION NO.
REVISIONS BY DATE DATE: 08/14/24
SCALE:
DESIGN:
DRAWN:
CHECK:
ENGR:
PROJECT NO.:
HP
HP
HV
HV
SHEET OF 11
1 REVISED PER ROUND 1 COMMENTS NC 11/18/24 2 REVISED PER ROUND 2 COMMENTS HP 12/24/24 1 1
1
ITEM NO. 1.
GRADING AND DRAINAGE PLANS
16497 SOUTH KENNEDY ROAD
GRADING PERMIT APPLICATION NO.
REVISIONS BY DATE DATE: 08/14/24
SCALE:
DESIGN:
DRAWN:
CHECK:
ENGR:
PROJECT NO.:
HP
HP
HV
HV
SHEET OF 11
1 REVISED PER ROUND 1 COMMENTS NC 11/18/24
2 REVISED PER ROUND 2 COMMENTS HP 12/24/24
REVISIONS BY DATE DATE 08 DATE /14/24
2
ITEM NO. 1.
GRADING AND DRAINAGE PLANS
16497 SOUTH KENNEDY ROAD
GRADING PERMIT APPLICATION NO.
REVISIONS BY DATE DATE: 08/14/24
SCALE:
DESIGN:
DRAWN:
CHECK:
ENGR:
PROJECT NO.:
HP
HP
HV
HV
SHEET OF 11
1 REVISED PER ROUND 1 COMMENTS NC 11/18/24
2 REVISED PER ROUND 2 COMMENTS HP 12/24/24 3
ITEM NO. 1.
GRADING AND DRAINAGE PLANS
16497 SOUTH KENNEDY ROAD
GRADING PERMIT APPLICATION NO.
REVISIONS BY DATE DATE: 08/14/24
SCALE:
DESIGN:
DRAWN:
CHECK:
ENGR:
PROJECT NO.:
HP
HP
HV
HV
SHEET OF 11
1 REVISED PER ROUND 1 COMMENTS NC 11/18/24 2 REVISED PER ROUND 2 COMMENTS HP 12/24/24 4 1
1 1
ITEM NO. 1.
GRADING AND DRAINAGE PLANS
16497 SOUTH KENNEDY ROAD
GRADING PERMIT APPLICATION NO.
REVISIONS BY DATE DATE: 08/14/24
SCALE:
DESIGN:
DRAWN:
CHECK:
ENGR:
PROJECT NO.:
HP
HP
HV
HV
SHEET OF 11
1 REVISED PER ROUND 1 COMMENTS NC 11/18/24 2 REVISED PER ROUND 2 COMMENTS HP 12/24/24 5 2
2 2
ITEM NO. 1.
GRADING AND DRAINAGE PLANS
16497 SOUTH KENNEDY ROAD
GRADING PERMIT APPLICATION NO.
REVISIONS BY DATE DATE: 08/14/24
SCALE:
DESIGN:
DRAWN:
CHECK:
ENGR:
PROJECT NO.:
HP
HP
HV
HV
SHEET OF 11
1 REVISED PER ROUND 1 COMMENTS NC 11/18/24 2 REVISED PER ROUND 2 COMMENTS HP 12/24/24 6 2
2 2
ITEM NO. 1.
GRADING AND DRAINAGE PLANS
16497 SOUTH KENNEDY ROAD
GRADING PERMIT APPLICATION NO.
REVISIONS BY DATE DATE: 08/14/24
SCALE:
DESIGN:
DRAWN:
CHECK:
ENGR:
PROJECT NO.:
HP
HP
HV
HV
SHEET OF 11
1 REVISED PER ROUND 1 COMMENTS NC 11/18/24 2 REVISED PER ROUND 2 COMMENTS HP 12/24/24 7 1
2
ITEM NO. 1.
GRADING AND DRAINAGE PLANS
16497 SOUTH KENNEDY ROAD
GRADING PERMIT APPLICATION NO.
REVISIONS BY DATE DATE: 08/14/24
SCALE:
DESIGN:
DRAWN:
CHECK:
ENGR:
PROJECT NO.:
HP
HP
HV
HV
SHEET OF 11
1 REVISED PER ROUND 1 COMMENTS NC 11/18/24 2 REVISED PER ROUND 2 COMMENTS HP 12/24/24 8 2
2
ITEM NO. 1.
GRADING AND DRAINAGE PLANS
16497 SOUTH KENNEDY ROAD
GRADING PERMIT APPLICATION NO.
REVISIONS BY DATE DATE: 08/14/24
SCALE:
DESIGN:
DRAWN:
CHECK:
ENGR:
PROJECT NO.:
HP
HP
HV
HV
SHEET OF 11
1 REVISED PER ROUND 1 COMMENTS NC 11/18/24
2 REVISED PER ROUND 2 COMMENTS HP 12/24/24 9
ITEM NO. 1.
GRADING AND DRAINAGE PLANS
16497 SOUTH KENNEDY ROAD
GRADING PERMIT APPLICATION NO.
REVISIONS BY DATE DATE: 08/14/24
SCALE:
DESIGN:
DRAWN:
CHECK:
ENGR:
PROJECT NO.:
HP
HP
HV
HV
SHEET OF 11
1 REVISED PER ROUND 1 COMMENTS NC 11/18/24
2 REVISED PER ROUND 2 COMMENTS HP 12/24/24
10
ITEM NO. 1.
GRADING AND DRAINAGE PLANS
16497 SOUTH KENNEDY ROAD
GRADING PERMIT APPLICATION NO.
REVISIONS BY DATE DATE: 08/14/24
SCALE:
DESIGN:
DRAWN:
CHECK:
ENGR:
PROJECT NO.:
HP
HP
HV
HV
SHEET OF 11
1 REVISED PER ROUND 1 COMMENTS NC 11/18/24
2 REVISED PER ROUND 2 COMMENTS HP 12/24/24
11
ITEM NO. 1.
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ITEM NO. 1.
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ITEM NO. 1.
PREPARED BY: Jocelyn Shoopman
Senior Planner
Reviewed by: Planning Manager, Community Development Director, and Town Attorney 110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6872 www.losgatosca.gov
TOWN OF LOS GATOS
PLANNING COMMISSION
REPORT
MEETING DATE: 03/26/2025
ITEM NO: 2
DESK ITEM
DATE: March 26, 2025
TO: Planning Commission
FROM: Joel Paulson, Community Development Director
SUBJECT: Consider a Request for Approval to Construct a New Single-Family Residence and Site Improvements Requiring a Grading Permit on Vacant Property Zoned HR-1. Located at 16497 S. Kennedy Road. APN 532-17-038. Architecture and Site Application S-24-037. Categorically Exempt Pursuant to CEQA Guidelines Section 15303: New Construction. Property Owner: Robert Nicol. Applicant:
Chris Spaulding. Project Planner: Jocelyn Shoopman.
REMARKS:
Exhibit 14 includes additional public comments received between 11:01 a.m., Friday, March 21, 2025, and 11:00 am, Wednesday, March 26, 2025.
EXHIBITS:
Exhibits Previously Received with the March 26, 2025, Staff Report:
1. Location Map
2. Required Findings and Considerations
3. Recommended Conditions of Approval
4. Color and Materials Board
5. Letter of Justification
6. Consulting Architect’s Report
7. Applicant’s Response to Consulting Architect’s Report
8. Consulting Arborist’s Report
9. Applicant’s Neighborhood Outreach
10. Site Photos
11. Public Comments Received by 11:00 a.m., Friday, March 21, 2025
12. Applicant’s Response to Public Comments
13. Development Plans
ATTACHMENT 2
ITEM NO. 1.
PAGE 2 OF 2
SUBJECT: 16497 S. Kennedy Road/S-24-037
DATE: March 26, 2025
Exhibits Received with the March 26, 2025, Desk Item Report:
14. Public Comment Received between 11:01 a.m., Friday, March 21, 2025, and 11:00 am, Wednesday, March 26, 2025
ITEM NO. 1.
EXHIBIT 14
ITEM NO. 1.
Thank you for your attention to this matter. I look forward to presenting my concerns in person at the upcoming meeting.
Warmly,
Apoorva Bakshi
Los Gatos, CA 95032
--
cheers!
A
ITEM NO. 1.
From: [email protected] <[email protected]>
Sent: Tuesday, March 25, 2025 12:05 PM
To: Planning <[email protected]>
Subject: Online Form Submission #15732 for Community Development Contact Form Community Development Contact Form
First Name Carol
Last Name Tinsley
Email Address (Required)
Phone Number
Tell Us About Your Inquiry
(Required)
Comment Regarding A Planning Project
Address/APN you are
inquiring About (Required)
Message (Required) I am writing to reserve an opportunity to speak at tomorrow's Planning Commission meeting. We received
your green postcard but at no time have we received any other details about the project and we have been
conspicuously omitted from the illustrations of the hillside despite the fact that we share the main driveway and are clearly within 500 feet of the project. I definitely want to be added to the drawings and included in any and all impact documents that are sent to other adjacent properties. We live at .
Add An Attachment if
applicable
Field not completed.
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ITEM NO. 1.
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ITEM NO. 1.
LOS GATOS PLANNING COMMISSION 3/26/2025, Item #2,
16497 South Kennedy Road
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A P P E A R A N C E S:
Los Gatos Planning
Commissioners:
Emily Thomas, Chair
Kendra Burch, Vice Chair
Jeffrey Barnett
Susan Burnett
Rob Stump
Town Manager: Chris Constantin
Community Development
Director:
Joel Paulson
Town Attorney: Gabrielle Whelan
Transcribed by: Vicki L. Blandin
(619) 541-3405
ATTACHMENT 3
ITEM NO. 1.
LOS GATOS PLANNING COMMISSION 3/26/2025, Item #2,
16497 South Kennedy Road
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P R O C E E D I N G S:
CHAIR THOMAS: We will now move on the public
hearings, starting with Item 2 on our agenda, which is to consider a request for approval to construct a new singlefamily residence and site improvements requiring a Grading Permit on vacant property zoned HR-1, located at 16497
South Kennedy Road, APN 532-17-038, Architecture and Site Application S-24-037. Categorically exempt pursuant to CEQA Guidelines Section 15303 (New Construction). Property owner is Robert Nicol, Applicant is Chris Spaulding, and Project Planner is Ms. Shoopman.
Before the Staff Report, may I have a show of
hands from Commissioners who have visited the property? I know we have one recusal.
COMMISSIONER RASPE: Thank you, Chair. Based on
the proximity of this property to my home, I need to recuse myself from this discussion.
CHAIR THOMAS: Thank you. We will let you know
when we are done. Are there any disclosures? Yes,
Commissioner Stump.
COMMISSIONER STUMP: I did speak with the
neighbor at 16565 Vivian Drive while I was onsite.
ITEM NO. 1.
LOS GATOS PLANNING COMMISSION 3/26/2025, Item #2,
16497 South Kennedy Road
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CHAIR THOMAS: Ms. Whelan, is there anything we
need to follow-up with?
ATTORNEY WHELAN: No, thank you.
CHAIR THOMAS: Okay, thank you. Commissioner
Burnett.
COMMISSIONER BURNETT: Yes, I did speak as well
to Ken Miller at the site.
CHAIR THOMAS: Thank you. Ms. Shoopman, will you
be providing the Staff Report tonight?
JOCELYN SHOOPMAN: Yes, thank you. Good evening.
Before you this evening is a proposal to construct a new two-story residence with site improvements requiring a
Grading Permit on a vacant lot located at 16497 South
Kennedy Road.
The Applicant proposes to construct a 4,194
square foot, two-story residence with an attached garage.
The residence includes 865 square feet of below-grade
square footage that is not counted towards the FAR. The proposed residence would be the sixth largest in terms of floor area when compared to the immediate neighborhood, and the 14th largest in terms of FAR.
Due to the constraints of the site, the Applicant
is requesting the following exceptions from the Hillside Development Standards and Guidelines: grading depths in
ITEM NO. 1.
LOS GATOS PLANNING COMMISSION 3/26/2025, Item #2,
16497 South Kennedy Road
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excess of 4’ of cut and 3’ of fill; retaining wall heights in excess of 5’, and in excess of 50’ without a break; and siting of the building outside of the Least Restrictive Development Area.
Discussion of each of these exceptions is
provided in your Staff Report, but the Applicant states that due to the existing slope and limited areas of LRDA, there is no way for the proposal to comply with the
referenced grading and retaining wall standards while also meeting the Santa Clara County Fire Department
requirements.
The consulting architect reviewed the project and
provided two recommendations, which the Applicant
implemented.
Should the Planning Commission find merit in
their request, Staff recommends that the Planning
Commission approve the Architecture and Site Application subject to the recommended conditions included in Exhibit
3. There was a Desk Item that was distributed
earlier today with additional public comments.
This concludes Staff’s presentation and we are
available for any questions.
CHAIR THOMAS: Vice Chair Burch.
ITEM NO. 1.
LOS GATOS PLANNING COMMISSION 3/26/2025, Item #2,
16497 South Kennedy Road
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VICE CHAIR BURCH: Ms. Shoopman, could you expand
a little bit on the requirements for Fire, the turnaround and everything, and how that is actually impacting the
retaining walls, so there is a little more context?
JOCELYN SHOOPMAN: Under Santa Clara County there
are specific slope requirements for the driveway, so the driveway slope cannot exceed five percent. Those
requirements, in addition to the turnaround requirements themselves, are what is requiring the exceptions to
retaining wall heights and to grading depths.
CHAIR THOMAS: Commissioner Stump.
COMMISSIONER STUMP: Can I ask for confirmation
of the height of the structure?
JOCELYN SHOOPMAN: The maximum is 20’ that is
proposed. Under the Hillside Guidelines there is also a high to low maximum. The maximum is 30’, where I believe the Applicant is proposing 34’, so they comply with the Town’s requirements for height.
COMMISSIONER STUMP: Chair, I’ve got two more
questions, if that’s okay.
Speaking of the Least Restrictive Development
Area, this piece of property resulting from an SB 9 split is obviously very challenging, with very little in the way of Least Restrictive Development Areas. In this case, this
ITEM NO. 1.
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16497 South Kennedy Road
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project is going to be 100% outside of the Least
Restrictive Development Area. Can I assume that this is a fairly unique type of situation in our hillside? Only
having been here for a couple months, 100% outside the
Least Restrictive Development Area seems to be the extreme.
JOCELYN SHOOPMAN: I can’t speak to all
applications that the Town has processed, but we certainly have processed LRDA exceptions for hillside homes
previously. I can’t speak to the 100% extent of the home, but there have been applications where those exceptions have been requested.
COMMISSIONER STUMP: The follow-up question here
is does an SB 9 lot split provide benefits or protections for properties that have serious development challenges like this? In other words, obviously the right to develop.
ATTORNEY WHELAN: I would say SB 9 doesn’t
address that specifically, but I would say in general
takings laws does, and so if the Town has approved a lot, the Town doesn’t have the ability to deny any development whatsoever on the lot. The Town doesn’t have to approve any proposal, but something should be built in order to avoid a takings claim.
COMMISSIONER STUMP: Then one final question, if
I might, Chair. There’s a 90-year-old rock retaining wall
ITEM NO. 1.
LOS GATOS PLANNING COMMISSION 3/26/2025, Item #2,
16497 South Kennedy Road
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that comes within 20’ above the back of the building site and provides roadway support for Vivian Drive. Obviously, significant grading is being called for in this project.
Could you briefly describe what mitigations or protections were built into the recommended Conditions of Approval as it relates to this wall? I realize the wall is not on the Applicant’s property, but just beyond it.
JOCELYN SHOOPMAN: Thank you for that question.
There are quite a few engineering Conditions of Approval that are going to look at the retaining wall and some
additional site.
Engineering Conditions of Approval #59 and #60
require the Applicant to provide a geological report prior to building issuance, which will do a comprehensive
landslide investigation.
In addition, Engineering Condition of Approval
#66 requires that the Applicant conduct a walk-through with a PPW inspector before the start of construction to verify all existing conditions, and that the Applicant shall
repair or replace existing improvements that are damaged during the construction.
COMMISSIONER STUMP: Thank you for that.
CHAIR THOMAS: Vice Chair Burch.
ITEM NO. 1.
LOS GATOS PLANNING COMMISSION 3/26/2025, Item #2,
16497 South Kennedy Road
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VICE CHAIR BURCH: As a follow-up to that, if we
wanted to add language in #66 that we would want to include the roadway in that public, because usually it’s streets that are damaged by the trucks, can we just add that type of language if that feels appropriate?
JOCELYN SHOOPMAN: Should the Planning Commission
wish so, they could.
CHAIR THOMAS: Commissioner Burnett.
COMMISSIONER BURNETT: I don't know if this would
be the appropriate time, but that rock roadway is Los Gatos river rock, and if the owner of that property—because there is a large easement—would want to put that in the Historic Inventory as part of Los Gatos’ inventory. Many of our Los Gatos rock walls are in our inventory, and that would be a request that could be made to the owner of the property.
DIRECTOR PAULSON: I think that was a question.
This property owner is not responsible for the neighboring property. Staff can definitely reach out to the neighboring property and let them know that there is a process if they want to go through that, but that can’t be a provision of this decision.
COMMISSIONER BURNETT: Oh, I thought the owner of
this property owns that whole property there.
ITEM NO. 1.
LOS GATOS PLANNING COMMISSION 3/26/2025, Item #2,
16497 South Kennedy Road
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VICE CHAIR BURCH: No, the retaining wall is not
on this property.
COMMISSIONER BURNETT: Okay, thank you.
CHAIR THOMAS: Commissioner Barnett.
COMMISSIONER BARNETT: That was going to be my
question. There’s a dispute between the Applicant and an objecting neighbor about the ownership of that. How is the Town confident that it’s not on his property?
JOCELYN SHOOPMAN: The Applicant provided a
survey, that I believe was included in Exhibit 12, of this item, and that survey showed that the rock retaining wall is on an adjacent property.
COMMISSIONER BARNETT: Thank you for that.
CHAIR THOMAS: We’re good with Staff questions?
Perfect. We will now open the public portion of the public hearing on Item 2 and give the Applicant an opportunity to address the Commission for up to five minutes, so whoever will be speaking on behalf of the Applicant, can you please come up to the podium and state your name for the record? Thank you. You’ll have five minutes.
ROBERT NICOL: My name is Robert Nicol; I’m the
owner of 16497 and I have filed the application to build a home at 16497 South Kennedy Road. I believe my architect, Chris Spaulding, is also on Zoom here as well.
ITEM NO. 1.
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16497 South Kennedy Road
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I’ve never been to one of these, so I’m not quite
sure of the structure. Are you going to ask me questions and I answer them, or how does this work?
CHAIR THOMAS: Basically, you have five minutes
to address the Commission; then we have time to ask you questions; then we take public comment; you have another three minutes; then we will be able to ask you more
questions; and then we close the public portion and we
discuss and make a decision.
ROBERT NICOL: Okay, no problem.
DIRECTOR PAULSON: And Mr. Spaulding is online
and able to speak, so if you’d like him to use some of that time, then just let him know.
ROBERT NICOL: Working with Chris Spaulding, my
architect, we have proposed to build a residence here in the hillside, and we have been met with several challenges.
Number one was Fire and the 75’ turnaround that
is requiring these retaining walls without that 50’ break, and increasing the cut and the fill. We have designed it to have a private fire hydrant to be installed. Also, to put in that 75’ turnaround for the firetruck to meet Santa
Clara’s requirements, we also will improve Vivian Drive by increasing the traction on the road on the uphill incline
ITEM NO. 1.
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16497 South Kennedy Road
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for if there were ever any issues with Fire to get a
firetruck up the road.
There has also been proposed to increase the
entrance of the driveway from South Kennedy Road to Vivian Drive, and also, we have met and designed the proposed home to be within the heights as well as the LRV, which the
color of the home will be, the height.
We’re also asking for not the maximum, which is
6,000 square feet, which is allowed in the hillside, and we have worked around…
And I also have reached out to all of the
neighbors from whom I have had lots of feedback over the last week or two or so over letters and such, which I’m sure you’ve seen. I went to all of their doors, went and tried to discuss with them the proposed project. Basically, the plan that we’re looking at, as well as certain
compromises to add additional plantings or trees, or to address and understand their concerns with the stonewall.
Now, the stonewall, after looking at the survey,
is not on my property, but I definitely understand their concerns, so we’ve discussed the stonewall, we’ve discussed privacy, we’re discussed the building footprint, and
obviously this is my day to come before the Planning
Commission and discuss all of this with you all, and
ITEM NO. 1.
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16497 South Kennedy Road
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obviously the neighbors that are here as well, and I think that’s pretty much all I got.
CHAIR THOMAS: Thank you. Are there any questions
for the Applicant at this time? Commissioner Stump.
COMMISSIONER STUMP: Thank you, by the way. The
Town’s Consulting Architect made two recommendations. It appears the first recommendation related to roof overhang and has been incorporated. The second recommendation
related to the two-story flat, downhill façade issue that has been addressed by cantilevering the middle floor out 18” between the balconies to break up the two-story
section. Do you believe that this meets the spirit of the recommended change?
ROBERT NICOL: Yes, I do, and Chris, can you
speak to that?
CHRIS SPAULDING: Yes. The two-story portion is
just a very small width of the bulk of this house, about 25’ wide, so I think the overhang gives a nice shadow line and breaks up that wall adequately.
COMMISSIONER STUMP: Thank you.
CHAIR THOMAS: Commissioner Barnett.
COMMISSIONER BARNETT: Yes, sir, thank you for
coming in and for submitting the materials that you did.
One of the comments from one of your neighbors, Mr. Bakshi,
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suggested changes in the landscape plan to provide better privacy. I was wondering if you read that and have any
comment about it?
ROBERT NICOL: Would Mr. Bakshi be the downhill
neighbor? Yes, so I believe on our landscape plan we have Toyon trees being planted down at that basement level to increase the amount of privacy, and that’s what was
submitted on our landscape plan to take into note their concerns of the privacy.
COMMISSIONER BARNETT: If I may, he was
specifically asking for fast-growing trees, like Italian Cypress, Podocarpus, or similar species.
ROBERT NICOL: I’m willing to take all of that
into account. It’s just when we did the landscape plan, that’s what was currently on there. But, yes, I’m
definitely willing to work with my neighbors to address their concerns.
CHAIR THOMAS: Are there any other questions for
the Applicant at this time? I do have one question, and that is that I understand this property is difficult to work with because of an average of 45-degree slope, but could you or your architect explain a little bit of how you decided to put the footprint of the house where you did?
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CHRIS SPAULDING: I’ll take that. If you look at
our Sheet A-3 of the packet, which is the LRDA drawing, you can see that the entire parcel is too steep to be in the LRDA, or forested, or has easements across it. There are three tiny, little sections of the LRDA that are less than 30% slope, isn’t in the dripline of a big tree, and is not in an easement. The total square footage of each of those little segments is only a couple of hundred square feet.
So, there is really no possible way to put a building on this site and have it in the area that’s less than 30%
slope.
The next problem for siting is the requirement by
the Fire Department to have a fire apparatus turnaround within 150’ of the house. We looked at the bottom of the property down where Kennedy Road meets South Kennedy.
There’s currently a driveway that goes up from that corner.
It's a very steep driveway and it has a hairpin turn
immediately, which is nowhere near the Fire Department
requirements of a 50’ inside turning radius.
We looked at redoing that driveway, which is in
the easement of the neighbor that owns that easement, so that would be one problem with redoing that driveway, but also to put in a turn that meets the requirements, and then also a fire apparatus turnaround, our retaining walls would
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have been even larger than the site we ultimately ended up with, and those retaining walls would be visible from
Kennedy Road and South Kennedy, whereas where we are sited now, those retaining walls are all hidden pretty much from anywhere; they would really only be visible from this site and a little bit from the downhill neighbor.
Ultimately, there’s really only one possible
location for the house, and that’s exactly where it’s
sited.
CHAIR THOMAS: Okay, thank you. Commissioner
Burnett.
COMMISSIONER BURNETT: Yes, and thank you for
coming. Privacy is a big issue for, especially, the
neighbors below your new home there. I know there have been requests for reduction in height, preservation of the trees for privacy, and enhancing new landscaping. Are there any window changes, or have you addressed… This is a great
concern.
ROBERT NICOL: I provided a presentation to show
five different levels. One is from the basement level, one is from the first floor, one is from the second floor, the fourth one would be from the roof level, and the fifth one would be from the street level above the home, and you’ll be able to see, at least from my standpoint, the trees from
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my property as well as the downhill neighbor blocking all the view from every single one of those five, so I’ll be able to provide that presentation after.
COMMISSIONER BURNETT: Thank you for that.
CHRIS SPAULDING: Can I add something to that,
please? This is Chris Spaulding, the architect. On the
downhill side of this property, on the adjacent neighbor’s property, there are mature oak trees, and they have been trimmed up from the ground, so actually the most visible portion of the new house from the downhill neighbor will actually be the basement level, because that’s down below the canopy of the mature oak trees.
When you get up to the second and third levels
where most of our windows are, mostly on the second level, those windows are pretty well blocked by the existing
canopy.
Most of new privacy planting is intended to fill
in that gap at the bottom of the existing mature oak trees to block the view from the basement level down into the neighbor’s property, and I think Robert will have some
pictures of that later in his rebuttal. Thank you.
COMMISSIONER BURNETT: Thank you for that.
CHAIR THOMAS: Okay, thank you. Now I invite
comments from members of the public. If you have not
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already turned in a speaker card to Staff, please do so at this time, or use the Raised Hand feature on Zoom if you wish to speak on Item #2. When you are called to speak, please state your name and address for the record, and you will have three minutes to make your comments. We will
start with speakers in person, and the only card I have is actually for the Applicant. Is there anyone on Zoom?
DIRECTOR PAULSON: There is. The first speaker
will be Apoorva Bakshi. Apoorva, you can unmute yourself and speak.
APOORVA BAKSHI: I’ll let the people on the floor
go first. I’ll go after them.
CHAIR THOMAS: Okay, thank you. The first speaker
I have is Rohit. Please come up, state you name, and you will have three minutes.
ROHIT BAKSHI: Good evening, everyone. My name is
Rohit Bakshi; I am the neighbor on 16515 South Kennedy, which is south of this property.
Again, my view is mostly like me standing on my
property and assessing the plans that were shown to me. I don’t have a drawing to imagine what things look like, so the best that I can garner from this is this project has significant privacy intrusions, which would have an
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extremely negative impact on our daily lives and our
privacy. Here are a few of my points.
Elevated position and direct sight. The proposed
home is substantially uphill already, and this is a threestory plan from where we stand. I know it’s a basement, but for practical purposes, it’s a three-story for us.
It has many unobstructed views into our back
yard, our swimming pool, our master bedroom, and our
daughter’s bedroom, so I cannot state enough how it
violates our privacy.
The second and third story windows and balconies.
The architectural plan indicates direct-facing second- and third-story windows, as well as multiple balconies which are facing downward, which again, compromise our privacy.
From what I could see in the landscaping plan, it
fails to provide effective privacy. The majority of the trees are slow-growing or they are deciduous, which means that we will not have immediate or year-round privacy on our property. Shrubs are smaller plants, insufficient to block elevated second- and third-story views.
The current design lacks a continuous dense tree
buffer, so there are a lot of areas where at least I can see a lot of gaps between the property and our back yard.
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And again, no mature plantings were specified at
least in the plan, so again, I cannot wait for decades
before the screen grows fully and I start getting my
privacy. Again, I would recommend that they consider the height of this plan, how the balconies are designed, how the windows are designed, and can we increase the height of these windows? Can we have frosted glass for these windows? And definitely have a very enhanced landscape screening plan, which I mentioned in my written record as well, which has (inaudible) into the report.
CHAIR THOMAS: Okay, thank you. Are there any
questions? Commissioner Stump.
COMMISSIONER STUMP: Could I just ask for a
summary, because in the correspondence you sent to us you identified three things you’d like to see done as a part of project approval. Reduction in the proposed structure
height, preservation of all mature privacy trees, and
addition of new privacy enhancing landscaping one, two, three.
I hear you also referring to obscured glass and
these sorts of things as well, so could you just kind of add on to your list of the one, two, three here?
ROHIT BAKSHI: Yes. I would say definitely
reconsider the plan for the balconies. There is a pretty
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significant portion of these balconies, or probably all of (inaudible) which is facing our property. The second would be considering the height of the windows, and the third would considering the type of glass that is used for these windows, which is frosted glass or any other type which obscures the view.
COMMISSIONER STUMP: Thank you.
CHAIR THOMAS: Any other questions for the
speaker? Commissioner Barnett.
COMMISSIONER BARNETT: Thank you. From your
property do you have a view of the orange netting that was put up post story poles?
ROHIT BAKSHI: Yes.
COMMISSIONER BARNETT: And can you describe the
extent of that view?
ROHIT BAKSHI: There are trees right now in the
way, but I can see most of the portions of that view; plus, we have a play area, which is directly adjacent. If my
daughter is over there, we can see everything then. But the portions of the orange netting are very clearly visible from our back yard, even from our windows.
COMMISSIONER BARNETT: Thank you.
CHAIR THOMAS: Okay, thank you. The next speaker
card I have is for Kenneth.
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KENNETH MILLER: I’m Ken Miller, a practicing
physician in Los Gatos for 50 years. I have lived next to this property for 48, owning part of an old stone wall.
Fred, my neighbor and owner of the wall in question has lived there for about 25 years. The developer does not own any part of the wall in the vicinity of the project.
The property to be developed does not support the
development of such a large home. It is my understanding that the developer now wants to put a garage under the
house. This leads to thousands of meters of dirt to be
removed, and that will threaten the old stone wall.
Prior assurances to not compromise the integrity
of the wall has already been broken when, without
permission, he imbedded a bolt, and that’s the shiny
(inaudible) picture, and attached wires to the wall that he does not own, and here is the relevant picture.
He had to do this to support the story poles. If
he didn’t do this, he wouldn’t have enough area to support the story poles and we wouldn’t be here. It is not possible to walk around the perimeter of the project and not notice the bolt that the workers placed in the wall and attached wires. The developer had a duty of care to the neighbor’s property and should have noticed the bolt and the wires attached. The developer met with the owner of the wall this
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month and neglected to mention this insult, nor did he
suggest any remediation.
Now, Fred Ebrahimi, who is the neighbor, cannot
be here to represent himself, as he is traveling. To
protect my neighbor’s interest, I’ve engaged a civil
engineer, recognizing the continued lodging of the bolt is not in the wall’s best interest. Studies still must be done to document the (inaudible) and the best way to remedy the situation.
The engineer is insisting that he work for the
owner of the wall. He also wants to analyze the dirt for removal and what I call the gaggle of (inaudible) the civil engineer needs.
Other issues include the developer needing to
recognize the up driveway is not his private road and never had a lock. He needs to resurface the down concrete
driveway from the damage of his last project and the damage that will happen with the current project by resurfacing the concrete.
The oak trees and the (inaudible) that border his
property should not be damaged. The workmen are not to use the up driveway in either direction. Heavy trucks are not to travel on the asphalt driveway nor park on the asphalt
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driveway. No cars or trucks are to travel on or turn around on the pavement at 16565 Kennedy Road.
At the end of each work week the concrete
driveway is to be blown or swept of debris that could cause flat tires. The developer needs to inform and work with the owner of the wall holding the bolt. The owner of the wall will need time to hire experts concerning the bolt, and a geologist is hard to get for the bolt and LRDA problems.
The problem that the developer caused needs to
have a bonded payment, and he is forcing the neighbor to expense. The bond comes first.
The developer’s request now is for an LRDA that
should be denied. How much over 100% is it? Is it 500%? Does he go to Town Hall?
CHAIR THOMAS: Are there any questions for the
speaker? Commissioner Burnett.
COMMISSIONER BURNETT: What is your solution for
the wall situation?
KENNETH MILLER: He should not be able to remove
such a large amount of dirt that threatens the wall or has a negative impact to the neighbors above and below this project. Also, it becomes easier to reduce the height of the house by not placing (inaudible) under the house.
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CHAIR THOMAS: I’m sorry, the question was what
specific action are you…
KENNETH MILLER: Oh. So, the civil engineer says
you have to study the issue, because I don’t know how to get the bolt out of the wall in terms of not harming the old wall, so before you do it you have to study how much pull and pressure is going this way from more than one
wire.
Then if you look at the picture, you’ll see that
it’s lodged, and that’s the only stone that’s ruptured in that wall, and it’s about 40”, and it’s about a 7-8’ wall.
So, he’s injured a wall not on his property. He’s
used wires that don’t belong attached. I don't know how plainer it is, but he’s just simply not allowed to do that.
CHAIR THOMAS: Thank you. We appreciate your
comments. Do you feel like your question was answered.
COMMISSIONER BURNETT: I believe so. Yes.
CHAIR THOMAS: Thank you. Commissioner Stump has
another question for you.
COMMISSIONER STUMP: Could you repeat who the
owner of that wall is?
KENNETH MILLER: Fred Ebrahimi is the owner of
the wall. He’s presently traveling.
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COMMISSIONER STUMP: So, you are representing him
tonight?
KENNETH MILLER: His sons allowed me to represent
him tonight. And in previous conversation with him he said, “I’m not going to be there. Could you talk on my behalf?” COMMISSIONER STUMP: Thank you.
CHAIR THOMAS: Any additional questions? Thank
you. The next speaker I have is Susan.
SUSAN MILLER: I’m Susan Miller; I’ve lived at
16565 Kennedy Road for 37 years. My husband, Ken, mentioned that the Ebrahimis own the wall, but we actually own part of it as well.
What I want to say is that this is a very fragile
piece of property. The rock walls go the distance of the driveway, so it’s not just this one rock wall, it’s
several. The piece of land that Robert wants to build this on is actually very narrow. It’s a long, narrow, winding piece of property and nowhere is there a wide space to put a (inaudible). It is a habitat where we have animals. We have foxes and special plants that don’t grow anywhere
else, and mushrooms that don’t grow anywhere else. I just want to say how fragile this piece of property is.
CHAIR THOMAS: Are there any questions for the
current speaker? No. Okay, thank you.
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SUSAN MILLER: I actually have pictures of what
I’m talking about, if you want.
CHAIR THOMAS: You can set one there and we can…
If you could put one on the table, that would be good too, so it can be used for… Thank you. On the table in front for the public to see. Thank you. The next speaker card I have is for Lee Quintana.
LEE QUINTANA: Hi, good evening. My name is Lee
Quintana. I am not an immediate neighbor. I serve on the Historic Preservation Committee, but I’m speaking as an individual and from my concern for hillside development. I have three points I’d like to make.
First, in reading all the letters from various
neighbors it seemed to me that the question of flippage of land and the failing of retaining wall seem to be repeated over and over again.
I’m concerned about the timing of the
geotechnical soils report and any hydrology report that would be needed. The Condition of Approval do not include them during this process of approving the Architecture and Site Application, but rather as a result of being submitted with the building permit application, which is way later than the final designs for the building itself. So, that’s number one.
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Number two, it’s mentioned several times that
there are rock walls both on the property and off the
property. From a historic preservation point of view, we would like to preserve as many of the rock walls as we can, and there is no indication in this application that that is going to occur, that the rocks would be reused to build other walls.
Thirdly, the Residential Design Guidelines on
page 11 have a discussion about how to apply the 2-2-5
formula, and it specifically says that there are some
instances when that does not apply, and I’ve lost my page number on that, but basically it includes the hillside
areas, because no two properties on the hillsides are
exactly the same, they’re different sizes, they’re
different shapes, they have different problems, and they have different slopes. I would ask that you take that into consideration. All those tables that are included really do not help the analysis.
Lastly, I’ve forgotten, so I guess that’s it,
unless you have a question.
CHAIR THOMAS: Are there any questions for Ms.
Quintana? Commissioner Stump.
COMMISSIONER STUMP: Lee, could you clarify your
third point again? I’m not sure that I fully understood it.
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LEE QUINTANA: If you look at page 23 of your
Staff Report, which is page 5 of 9 of this particular
agenda item, there is a chart which lists 10-15 properties, giving sizes and FARs and trying to use them as a
comparison. The problem here is that they are very
different in the sizes, you have no information about the steepness of the other properties, and you have no
information about how much is underground and how much is visible. It doesn’t give you the tools that you need for making decisions within the hillsides, because it is
inequal comparisons.
CHAIR THOMAS: Thank you. Any additional
questions? No. The next speaker card I have is Matthew
Ebrahimoon.
MATTHEW EBRAHIMOON: Hi, my name is Matthew
Ebrahimoon. I’m going to take the first 30 seconds to show you a picture of what’s really going on. I showed a picture of this, because it’s hard to understand what’s going on.
This is an extremely down-sloping lot, and I
think it’s important for you guys to see what we’re really talking about. It’s a small piece of land. The person, he put a big bolt inside the 90-year-old wall, which is a Los Gatos river rock wall, without asking anybody. And then he came to my parents’ house at night when it was dark and
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discussed this, will you let us do this, when you can’t see the bolt, you can’t see the wires.
This was done maliciously; it was done behind all
the neighbors’ backs. What are you going to do now with this bolt? What are you going to do with the wiring? How are you going to take it out? How are you going to make sure that it hasn’t jeopardized the wall and integrity of the road that is connected to the wall, that’s connected to the said property?
What you have to understand is that there is a
piece of land that’s extremely downsloped that butts up to a historical wall, that’s connected to a historical road, that touches both Dr. Miller’s property and my family’s property. Everything touches one after the next; everything is connected.
I grew up there. My family has been there for 30
or so years. I don't know what’s going to happen next.
Meetings, geological meetings, meetings with civil
engineers, what to do with this bolt? I mean, imagine
somebody, they do this, right? They put a bolt in… It’s like, that is not your wall, you cannot do that, and you did, so now what? How are you going to remove it? How are you going to guarantee that when you build this house that that wall is not going to fall, that the road that’s
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connected to that wall is not going to fall down the
hillside. I mean, when you sell this house, how are you even going to guarantee that?
CHAIR THOMAS: Thank you. Are there any questions
for the speaker? Commissioner Burnett.
COMMISSIONER BURNETT: So, what you’re saying is
that you feel the hillside is not a stable hillside anymore for the road above it and for the property now that they are planning to build on it?
MATTHEW EBRAHIMOON: Look, I’m not a civil
engineer, I’m not…
COMMISSIONER BURNETT: But is that your concern,
that this has caused an instability with the wall causing… MATTHEW EBRAHIMOON: It’s my concern, and I think
that it would be unwise for anyone in my family’s position not to further seek professional opinion, meetings,
geological and civil reports in order to assess the damage that this bolt has done, and the potential liability that this developer can assume.
COMMISSIONER BURNETT: Thank you. I think you’ve
answered the question.
CHAIR THOMAS: Any other questions for the
speaker? I do have a question. I hear and understand the concerns about the wall, however, that is out of our
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purview as decisionmakers. We’ll confirm that with Staff in a moment. But with the bolt and everything, other than the concern of making sure that any sort of development that’s discussed or approved moving forward is protecting the
integrity of the wall, are there any other specific
concerns that you’re trying to communicate about the
project?
MATTHEW EBRAHIMOON: Yes, thank you for asking.
This seems like a nonconforming building being built on a nonconforming piece of land for such a structure, and I have, with my own eyes, seen the orange fencing to show you what this looks like. I think as a part of a planning
commission it’s important to make sure that the quality and also experience of existing neighbors who have been there for decades should remain the same or similar to the way that it has been for years, and this structure is not going to allow for this to happen.
Mr. Bakshi, I believe, had mentioned his house,
like if you’re in the swimming pool it’s going to be hard to swim without your neighbors like looking at you.
CHAIR THOMAS: Okay, thank you. So, privacy of
some of your neighbors is a concern.
MATTHEW EBRAHIMOON: And views, and the
mountains, like being able to sit in… I’ve been in Dr.
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Miller’s kitchen. You’re not going to be able to sit where he spends like most of his time, him and his wife; I’ve been there. It’s going to be hard to sit there and not see this house.
CHAIR THOMAS: Okay, thank you. Thank you very
much. The last speaker card I have is Nathaniel Ebrahimoon.
NATHANIEL EBRAHIMOON: Hi, everyone. Thank you
for having us here to represent the Ebrahimoon property.
Our father is traveling, otherwise he would be here as well with my mother.
Here to kind of just share a little bit of the
story of our home. I am the youngest sibling, which means out of our siblings, I’ve lived there the longest. The home means a lot to us. I have been there since I was seven
years old. A lot of the memories that we have are in that home, on that property, with our friends. It’s why we’re so passionate and we care so much about our community and our neighbors.
Looking at the proposed plans and just kind of
understanding some of the potential impact risks as it
relates to the wall, the Fire, the views, the privacy, it’s important to know that this home likely will or is going to be passed down to my brothers and I, and it’s a property that will stay in our lives forever. As we think about us
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creating families, bringing our families into the home, we also are very cautious of any changes in the neighborhood that can create discomfort, any safety issues, and having been there for so long, there have been very few changes, and this is a massive structural change to the space.
From a height perspective, we’re not talking one
or two stories, it’s three, including a basement, which sure, but it’s still height, right? So, we are just being very cautious as we think about the proposed changes in the neighborhood and making sure that everybody in the
neighborhood continues to have the experience that
historically has been there for us with any adjustments that come.
So, just wanted to share that we’re all thinking
about now and a few years from now, but this neighborhood, and I’m sure Ken is the same, as he’s been in his home
forever, and the neighbors that surround us down the hill, we are thinking not only about the next three, or five, or ten, or twenty years, we’re also thinking about generations to come and our love for Los Gatos, going to the public schools and being able to create a family and experience similar to the ones that we’re so happy and proud to have a part of our lives, so anything that impacts that, of
course, we’re going to be super careful, sensitive,
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thoughtful around, which is why you see the representation from so many members in the neighborhood tonight.
CHAIR THOMAS: Are there any questions for the
speaker? I do have a question. Part of our job is to review the application as is, and I hear your concerns. Are there any specific things about the project, other than what you mentioned, the height, is there anything specific that you feel like you would like to see changed or implemented that would help with it?
NATHANIEL EBRAHIMOON: I’ll leave that to the
surrounding neighbors that are there every single day. I think the privacy was brought up; I think the height was brought up. The retaining wall, of course. Any bolts or continued action or anything that…making sure those are within the bounds of peoples’ decisions, because they’re actually working within their easements in their property.
Those are kind of the main concerns around what we’ve seen, and again, why we’re all here kind of speaking up.
CHAIR THOMAS: Okay, thank you. I have another
speaker card, and this is for Jonathan Ebrahimoon.
JONATHAN EBRAHIMOON: Hello, my name is Jonathan;
I’m the oldest son of Fred and Ora.
We’ve been hearing about this height. It becomes
easier to reduce the height of the house by not placing the
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garage under the house above, thus not needing to remove the dirt, and thus not threatening the wall and the
properties of the neighbors.
Let me tell you a little bit about myself. Just
like my two brothers, we went to school here, public school K-12. I went to Daves Avenue, then Fisher, and then I went to Los Gatos High School, and now I have a daughter—I
bought a place in town—who is turning nine next month and who goes to Daves Avenue School. We have a lot of memories in this house, just like my brothers were talking about.
We just want to make sure that you guys do the
right thing for us. Does anyone have any questions for me? CHAIR THOMAS: Does anyone have a question for
the speaker? Commissioner Barnett.
COMMISSIONER BARNETT: Would you kindly provide
more detail regarding your proposal regarding the location of the garage on the proposed property?
JONATHAN EBRAHIMOON: The house is too tall, it’s
too high. The height is just not all right. This is
something you guys have got to talk with engineers and
figure that out. This is not my area of expertise, but the way they have it planned, it’s going to be way too tall.
COMMISSIONER BARNETT: If I may follow-up, Chair?
CHAIR THOMAS: Yes.
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COMMISSIONER BARNETT: You made some specific
comments about relocating the garage, and I wonder if you could expand on that? Or maybe I misheard you.
JONATHAN EBRAHIMOON: Again, this is just
something that maybe you can take up with the engineers. At the end of the day, everyone’s concern is the height of this house. They’ve got to figure out that also privacy seems to be a concern as well.
COMMISSIONER BARNETT: Thank you.
CHAIR THOMAS: Commissioner Stump.
COMMISSIONER STUMP: What is it specifically
about the height? I mean, we all visited the property. I stood above that rock wall, and of course I’m standing a little bit more than 6’ tall, and so I’m looking down on the roof. It’s not blocking my vision directly across, but obviously, if you have a house downslope wherever it is, you look down, you’re doing to see a house, and so what part of this roof is… Why, from your perspective, do you think the roof is too high? What is it blocking for you? JONATHAN EBRAHIMOON: We heard the first speaker
was talking about he has a daughter. I have a daughter
myself. I would hate for someone to be on the balcony
looking down and seeing my daughter swimming in a pool, or
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just looking into my master bedroom with my wife. That
would bother me. It’s going to be an eyesore.
CHAIR THOMAS: Any additional questions? Thank
you. I have no more speaker cards, but I believe there are some speakers on Zoom.
DIRECTOR PAULSON: That’s correct. The first will
be Ms. Bakshi.
APOORVA BAKSHI: Hi, thank you. I am Apoorva
Bakshi and I reside in 16515, which is the downhill
property. My husband, Rohit Bakshi, mentioned our severe concerns in terms of privacy. I do believe that the reason why we bought this home last May, we are new residents of Los Gatos, was because of the unhindered back yard on the hill, which has our whole… We spend a lot of time in our back yard, which has a swimming pool, it has a netting, it has a proper play net, and multiple spots where you can meditate as well as two play structures for our daughter, and an upcoming one. I’m pregnant right now, I’ll be
delivering in May, so we’ll have two daughters in our
family.
The reason why we’re concerned about this is the
net is very visible from our property. There is barely any coverage from down below, and the major concerns are in terms of how it disturbs the ecosystem as well as the
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holding walls. I will also rely on experts, I think a lot of people have spoken to that, and all the families up
above. But it is a severe concern that our privacy needs to be absolutely taken care of. We want to be able to review the structure in terms of its height. You have to be able to redesign the balconies.
When I did see the plan which Robert shared, I
was quite pregnant, I could not really walk up and see how narrow this piece of land is, so that’s my concern, as well as how imposing this structure would be on our property in terms of views, as well as I did see a full ceiling-tofloor glass usage in the balconies, so that is something that we would like you to really consider mandating mature screening, not only in terms of natural screening, but also specifics in terms of reduced window heights or redesigning balconies. That’s something that has to be absolutely taken care of.
This whole property that we bought was for the
reasons that we had this privacy, and we had the comfort of a hillside home. The first day I came here we had a family of four deer walk into our estate and it was really, really refreshing to see that. I do believe that some of my
neighbors have that concern that there is habitat that this
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neighborhood has preserved and enjoyed for a long time, which will also get disturbed.
So, those are my concerns. If there are any
questions for me, I will answer.
CHAIR THOMAS: Thank you, that is the time. But I
will ask if there are any questions from Commissioners? No.
Thank you for your comments.
DIRECTOR PAULSON: The next speaker will be Ms.
Tinsley.
CAROL TINSLEY: I live at 16555 South Kennedy
Road and I would like to point out that Robert was lying when he said that he spoke to all the neighbors, because he didn’t. At no time did he come up to me, and at no point in any of his drawing does my house show up, and I’m within 500’ of the building site.
Second of all, as already said, this is a very
steep hillside. There’s basically a little plateau that happens. It’s an unstable hillside; trees fall all the
time, and they are deeply rooted.
I would also say that if anything from the
building site were to fall down the hill, it would most certainly hit the house in front of them, because it will just keep rolling if there’s nothing to stop something from
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hitting the neighbor’s house, or their pool, or whatever.
So that’s where I start.
I will also say this is the second home that
Robert has built on a hillside. The first one he was red tagged for failing to follow Town processes, so you should take that into consideration when you heard about the bolt and other things.
When he built his first home he caused
substantial damage to the shared driveway, which has never been replaced, and I would certainly expect that any
building that is going to take place, there would be a
guarantee that he would replace the main drive.
As for his repeated points about the Fire. His
other neighbors have had to comply with the turnaround, and they’ve even had to have several water tanks built onto their property to mitigate any Fire issues, so that should also be considered. I don’t understand why he is not being required to have these tanks installed on his property in addition to all the other structures.
Now, let’s see. For reference, if you’d like to
look at the newly constructed building, it’s 16461, it’s one driveway over, and they have these massive tanks of water.
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Robert has owned the property for more than ten
years and he’s never maintained the property and he has left it to other neighbors to maintain, including when the fence has fallen down and other things. Now, luckily, we have a very generous neighbor who does take it on as a pet project, but I just want to put that out there.
Again, it’s a very narrow building area. It
doesn’t allow for any like lawn or…
CHAIR THOMAS: That’s time, thank you. Are there
any questions from Commissioners for the speaker?
Commissioner Stump.
COMMISSIONER STUMP: This may not be directly to
the speaker, but what is our notification process? Because we have responsibility for notification.
CHAIR THOMAS: You can ask Staff after. Any
question for the speaker? Are there any additional hands raised on Zoom?
DIRECTOR PAULSON: No additional hands from the
public. The Applicant’s architect’s hand is raised, but they’ll have their time.
CHAIR THOMAS: So now I invite the Applicant to
come back up for your closing statement. You’ll have three additional minutes to speak, and you can share that with your architect as you see fit.
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CHRIS SPAULDING: I will start. Robert will
address the privacy. I just wanted to quickly address the stability of the hillside and the Fire.
We did get a geotechnical report to make sure
that this site was buildable. It is. Once this house is built and the new retaining walls are installed to the
latest standards this house and the drainage associated with the retaining walls will buttress that hillside so that that roadway and old wall will be supported much
better than it is now. In the long-term, this house will provide the stability for the uphill neighbors, wall and roadway, and Robert has agreed to repair any damage that occurs during construction, but in the long-term this is good for the stability of that wall and the hillside.
Secondly, the Fire. This house will be built as
fireproof as possible, which is very fireproof these days, and the Fire Department is requiring the roadway, Vivian Drive, be improved with better traction and widening the opening onto South Kennedy Road, and are requiring a
private fire hydrant, which is like a standard fire hydrant but it’s on private land, to be brought all the way up to the new fire apparatus turnaround, which is why they don’t need the tanks, because it would be a full fire hydrant.
Together, all those features are going to provide better
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fire protection for everybody in that neighborhood at no cost to them.
So, yes, it’s a new house. It means the trouble
of construction and noise and dust and time, but in the end, this will be a nice house and it will be beneficial to the neighbors, and I’ll let Robert talk about the privacy.
ROBERT NICOL: I’ve provided a presentation here.
This the basement level where we’re to put in the
trees, which I’m also willing to put in a wooden fence if that would increase the privacy for the neighbors.
Here is the second level of the basement where
there is more shrubbery and trees blocking.
This would be the main floor. This is what is
going to be seen from the main floor.
This shows more of their trees as well as my
trees showing and blocking, so there is no issue of
privacy.
This is from the second floor and all of the
additional trees.
There’s another photo of what you will see.
CHAIR THOMAS: That is time.
ROBERT NICOL: Is it okay if we just go through
the last couple of pictures?
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CHAIR THOMAS: I actually cannot allow that; I’m
so sorry. But thank you, and I think that we probably will have additional questions for you. The first is from Vice Chair Burch.
VICE CHAIR BURCH: This is going to be a question
for probably a combination of you and your architect.
I think when people talk about the height, we’re
really talking a lot about the massing, because on a
hillside there is a step up of the levels. When you do take a look at the three floors, the basement with the upper two floors, and you do look at the number of rooms and
everything you have in there, I would like to know if there would be a way to reduce the size of the upper floor,
shifting perhaps one of those rooms to one of the downlevel bedrooms to perhaps take the massing of the highest level down a bit. That might help a bit with some of the perception of massing to your neighbors.
ROBERT NICOL: I think with the symmetry of the
house, the way that the architect, Chris, who has been an architect for many projects in Los Gatos, has put symmetry between the basement and the first and second floor.
VICE CHAIR BURCH: I’m sure that Chris is a good
architect. If it was something you were willing to
compromise with.
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CHRIS SPAULDING: Could I respond to that?
VICE CHAIR BURCH: Sure.
CHRIS SPAULDING: The architectural drawings, if
you look in your packet on Sheet A-8, that shows what looks like a full, large three-story faced, the upper level, the third floor, is set back completely back behind the main level, so when you view that from below, that third floor is not visible. You’d only see it as it’s shown on Sheet A8 is if you were in a drone 50’ above the ground. When you’re down on the neighbor’s property looking up, the
upper level is set back so far that it won’t be visible.
That perception of bulk that you see in that drawing is not…
VICE CHAIR BURCH: No, Chris, I see it. I
understand.
CHRIS SPAULDING: Yes, it’s not actually how you
would visualize…how it would be perceived in reality.
VICE CHAIR BURCH: Chair, can I ask one
additional question?
CHAIR THOMAS: Yes.
VICE CHAIR BURCH: Then in relation to some of
the privacy concerns that we heard from your downhill
neighbor, one of the things that they brought up were the decks, and I would like to know if you would be willing… On
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the family room, you have two decks off of that, one being a deck on the southwest side, it’s a little smaller
anyways. If that were to help you in your conversations and work with your neighbors, would you be willing to move that portion of the deck, leaving the larger other deck, but the deck that is basically looking down at your neighbors?
ROBERT NICOL: I wouldn’t prefer to have that
removed. I’m definitely willing to work with the Planning Commission and the neighbors, but it’s not my preference.
CHAIR THOMAS: Are there any other questions?
Commissioner Burnett.
COMMISSIONER BURNETT: Yes, thank you. You were
talking about the retaining walls, and I know we do have the retaining walls for the Fire turnaround. Were you also taking about a retaining wall behind the house where we have such concern about the antique rock wall? What are you doing to prevent erosion from coming behind the house?
ROBERT NICOL: Chris, can you answer that?
CHRIS SPAULDING: I’m not exactly sure what you
mean.
COMMISSIONER BURNETT: Behind the house, because
the antique wall is sort of like in jeopardy now and seems like it has some issues going on, what kind of stability are you going to have behind the new house?
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CHRIS SPAULDING: On the uphill side of the new
house all the retaining walls are actually within the
footprint of the house, so above the house all there will be is a surface drain to drain away any surface waters, but otherwise that hillside is just the existing to remain, be natural.
CHAIR THOMAS: Commissioner Stump.
COMMISSIONER STUMP: I guess I’ll call them your
downhill neighbors, they’re asking that all the mature
privacy trees be preserved. Are they speaking about trees on your property, or are they trees on someone else’s
property, or do you fully know what that request is?
ROBERT NICOL: They have massive oak trees that
are on their property that I consider the privacy screening that they’re referring to, but I’m not 100% certain.
Because I showed the pictures after in my rebuttal where all you saw were trees from the basement level, the first floor, and the second floor in my presentation.
COMMISSIONER STUMP: They’ve asked for addition
of new privacy enhancing landscaping, which from what I understand, you’re willing to consider and work with them.
ROBERT NICOL: Yes.
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COMMISSIONER STUMP: There was even something
brought up about Toyon not being the preferred planting, and so anyway, that’s good to hear from you now.
Commissioner Burch has already discussed briefly
about balconies and the concern they may have there.
Obviously, they’ve talked about either the height of the windows or obscuring some of those. Is that also something you’re willing to work with the neighbors on?
ROBERT NICOL: I’m willing to put in drapes. From
the pictures and the photos there was all… I could see from those photos I presented were trees and I couldn’t even see their home, so I am still a little confused as to when I provided the visual evidence of what they are claiming.
COMMISSIONER STUMP: Thank you.
CHAIR THOMAS: Commissioner Barnett.
COMMISSIONER BARNETT: You heard your downslope
neighbor saying that the orange netting was clearly visible from their house, and you’re saying it’s not at all. Do you have any way to reconcile this perspective?
ROBERT NICOL: Yes, I provided the pictures in
the presentation in my rebuttal.
CHRIS SPAULDING: Can I speak to that? The
pictures as he showed, there is a canopy of trees that is on the neighbor’s property that provides screening from the
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upper levels of the proposed house and pretty much screens their house from this new house. But those mature trees are limbed up 10-20’, and so when you’re down on the lowest level of the proposed house you can see below those trees down to the neighbor’s back yard, their play area, and
that’s what really needs the screening.
The landscape architect provided the row of Toyon
trees. Toyons were selected because they’re evergreen and they’re a native species, but I’m sure Robert would be
happy to provide any tree that would provide the screening the neighbors would want.
To make that screening complete, those trees
don’t have to be terribly tall, they only need to be about 15’ high to fill in that open area from the ground to the underside of that existing oak canopy that’s on the
neighbor’s property and that they control. Thank you.
COMMISSIONER BARNETT: If I may just follow-up on
that?
CHAIR THOMAS: Yes.
COMMISSIONER BARNETT: I wonder if Mr. Spaulding
could comment on the offer of the Applicant to install a fence. Would that be superfluous, or something that
wouldn’t be necessary if the plantings were put in as
suggested?
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CHRIS SPAULDING: That would completely screen
the lower 6’, but the screen planting would still be needed for the 6-15’ to complete the screen. Thank you.
COMMISSIONER BARNETT: Thank you for that.
CHAIR THOMAS: Are there any other questions for
the Applicant at this time? Okay, thank you very much.
ROBERT NICOL: Thank you.
CHAIR THOMAS: We will now close the public
portion of the public hearing on Item #2, and I invite
Commissioners to ask questions of Staff, provide comments, or propose a motion. Vice Chair Burch.
VICE CHAIR BURCH: Ms. Shoopman, there has been
discussions about the height, that it’s too tall, and I know that when we’re in the hillsides the way we measure this can get a little difficult. Could you go back again and explain how we measure from the low to the high point that 34’, just to make sure that up here when we’re
discussing height and where we are with this, we’re all discussing the same thing?
JOCELYN SHOOPMAN: Yes, thank you for that. In
these hillside settings where you do have these exposed grades with the below grade space, we’re looking at the high to low point of the exposed grade to the highest
point. This Applicant does comply with that 35’
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requirement, but in terms of your discussion of massing, the Planning Commission could certainly look at roof
slopes, ceiling plate heights, and other ways to address height concerns.
VICE CHAIR BURCH: Thank you.
CHAIR THOMAS: Vice Chair Burch.
VICE CHAIR BURCH: We heard some things about the
wall and the poor choice to put a bolt in this wall. I know Staff, Public Works, we have different people I know that have looked at… In the past, we’ve had somebody go look at some of these historic rock walls. Is there anybody with the Town that would be able to go look at that and make a recommendation on how this gets properly patched?
DIRECTOR PAULSON: The likelihood is probably no.
This is a civil issue; we’re not going to want to take on that liability from the Town’s perspective. The Town
Attorney can hit me if I’m misspeaking. But ultimately, you can potentially have an engineer go out and take a look at it and see what damage they think it is, but it’s going to take a more thorough investigation that is going to need to involve professionals above and beyond what our Staff would be able to do.
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VICE CHAIR BURCH: Wanting that to happen is
something like I could theoretically put into a motion or something to make sure that it’s captured or…
DIRECTOR PAULSON: We have engineers sitting here
right now listening to you, so I don’t think that’s going to be an issue. We’ll make sure that we circle back with them following this hearing or the conclusion of this item and see what options we have.
VICE CHAIR BURCH: Thank you.
CHAIR THOMAS: Commissioner Stump.
COMMISSIONER STUMP: A recommendation from one of
the speakers was that as a Condition of Approval, if we go down that path, we should require geotechnical work as a condition of our approval, not waiting for the Building Permit to me issued. Is that something that can be done? JOCELYN SHOOPMAN: Thank you. There is a
Condition of Approval for a geotechnical report. I’m
looking at the exact wording of when it’s required, and I believe it’s required to be completed prior to Building Permit issuance, but I’ll defer to our engineers.
JAMES WATSON: James Watson, PPW Senior Engineer.
The Conditions of Approval do include some additional
geotechnical reviews that need to be done prior to the
construction documents being approved. The geotechnical
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engineer for the Applicant themselves pointed that they didn’t have the expertise to do the geological study that was needed for the landslide, and so they put into their report that a subsequent study would be needed, our peer reviewer picked up on that, and we have that in our
Conditions of Approval.
CHAIR THOMAS: Thank you. Commissioner Barnett.
COMMISSIONER BARNETT: Does the requirement for a
geotechnical report include hydrology that was mentioned? JAMES WATSON: I don’t recall any comments about
the hydrology. The geotech engineer doing a landslide study would obviously be looking at hydrology to understand how the soil saturation would affect the potential for
landslides. I just don’t recall a specific reference to hydrology, but the general idea of a geological study of a landslide area would look at how hydrology is going to
effect.
COMMISSIONER BARNETT: Understood, thank you.
CHAIR THOMAS: Commissioner Barnett.
COMMISSIONER BARNETT: I do have more questions.
I didn’t want to monopolize the microphone here.
Do the Conditions of Approval, as I expect,
provide for protection of the wall and hillside during
construction?
ITEM NO. 1.
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JOCELYN SHOOPMAN: Thank you for that question.
They do not specifically.
COMMISSIONER BARNETT: Is there a reason not to,
and wouldn't it be advisable to include those?
JOCELYN SHOOPMAN: The Planning Commission could
choose to include an additional condition.
COMMISSIONER BARNETT: Then I had a question
about the Fire Department, which County Fire presumably has signed off on, if I recall correctly. Does that include the improvement of the traction on the roadway on Vivian Drive? JOCELYN SHOOPMAN: Santa Clara County Fire has
reviewed this application and they have approved it. Their Conditions of Approval are included.
COMMISSIONER BARNETT: For the Town Attorney, Ms.
Whelan. Can you confirm again the California law regarding an easement for light or view, and also whether we can
still consider privacy in light of that law as I expect it to be?
ATTORNEY WHELAN: The law provides that local
jurisdictions can enact ordinances that protect light, air, and view easements. The Town does not currently have any of those ordinances in place.
Then, remind me of your second question.
ITEM NO. 1.
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COMMISSIONER BARNETT: Is privacy still a
legitimate consideration? I assume it is.
ATTORNEY WHELAN: Well, it’s interesting, because
the Applicant is asking to build outside of the LRDA area, and when an applicant is asking for an exception from a standard, there are findings that the Planning Commission needs to make, and it says, “Any deviation from the
standards contained in this document shall include the
rationale and evidence to support the deviation, and
exceptions can be granted.” So, if there were something related to the fact that the Applicant is building outside of the LRDA, and there were a condition that were related to that request of the Applicant, I believe that would be defensible.
COMMISSIONER BARNETT: Chair, if I might, let me
check my notes. Again, I guess for Ms. Whelan. Could a
condition be imposed that required drapes on the windows, and would that be enforceable?
ATTORNEY WHELAN: Drapes on the windows?
COMMISSIONER BARNETT: Yes, could that be made an
enforceable condition?
ATTORNEY WHELAN: Maybe run through the other
questions, and I can give that some thought. I think the issue with that is they’re only useful if they’re closed.
ITEM NO. 1.
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COMMISSIONER BARNETT: Or alternative window
coverings, like shutters?
ATTORNEY WHELAN: Let me ponder that, and I’ll
get back to you, if there are other questions in the
meantime.
COMMISSIONER BARNETT: Okay, thank you. I’m
sorry, there was one more question. The concern was raised about damage to the lower home as a consequence of
construction. Are there any particular provisions in the conditions to address the safety of the lives and property on the lower adjacent property during construction?
ATTORNEY WHELAN: Yes, the Conditions of Approval
do require applicants to indemnify and defend the Town from any claims that arise out of the Town’s approval of a
planning application.
COMMISSIONER BARNETT: Thank you.
CHAIR THOMAS: I have two questions. One came up
about a fence. Could we review the Fence Ordinance
requirements for the hillsides? If you want a minute to do that, that’s totally fine, to bring them up.
JOCELYN SHOOPMAN: Are there some specific
questions you have about the fencing?
ITEM NO. 1.
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CHAIR THOMAS: From my understanding of our
Hillside Fence Ordinance, there’s not really an appropriate way to implement a fence for privacy purposes.
JOCELYN SHOOPMAN: The hillside fences are
limited to 6’ in height, unlike other areas of the Town where you may see 7-8’, so that is one consideration.
Depending on the location of the fence, there are
requirements that it also be open view to still allow
habitat to be able to go through, so there are some of
those additional stipulations depending on where the fence is on the property.
CHAIR THOMAS: Thank you. Then a clarification
about landscaping in the hillsides too. There were some requests by neighbors to plant some trees that are not
natives, but my understanding is that there needs… Can you explain what can and can’t be planted?
JOCELYN SHOOPMAN: Appendix A of the Hillside
Development Standards and Guidelines does give recommended tree plantings and shrubs; however, the Planning Commission does have the purview to choose additional plantings.
DIRECTOR PAULSON: To the Chair’s question, there
is one specific type of tree that Staff would not allow to be planted as part of a mitigation in the hillside setting in the form of Italian Cypress.
ITEM NO. 1.
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CHAIR THOMAS: Is that due to fire safety issues?
DIRECTOR PAULSON: Yes.
CHAIR THOMAS: Thank you. Are there any other
specific questions? I was going to ask Ms. Shoopman, can you review again… I just want to make sure that we all
understand that this is why this is in front of the
Planning Commission and with regard to the grading depths, the retaining wall height, the retaining wall length, and the LRDA.
JOCELYN SHOOPMAN: Sure, thanks for that
question. Everything you just described, those exceptions require the Planning Commission’s review, which is why we are before you tonight. The Applicant has explained why those requests are being made due to the steep topography, and so just as you explained, all of those items do require the Planning Commission’s review.
CHAIR THOMAS: Just to confirm, according to
Staff and the consulting architect, the design of the home is compatible with the neighborhood and it is abiding by all the Hillside Development Standards and Guidelines other than these four issues?
JOCELYN SHOOPMAN: Yes, based on the consulting
architect’s review, the home does comply with the Hillside
ITEM NO. 1.
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Development Standards and Guidelines specific to the
architectural sections.
CHAIR THOMAS: Okay, thank you. Vice Chair Burch.
VICE CHAIR BURCH: Mr. Mullin, would you be able
to pull up A-3 and go back over the LRDA on this? Only
because it is one of the items, and based on what the
attorney just said, are we able to pull that up and be very clear on where the LRDA is on the property?
SEAN MULLIN: I can, but it will take a minute or
so.
VICE CHAIR BURCH: That’s fine. I think we can go
ahead with our discussion.
SEAN MULLIN: Do you have the sheet number, the
page number in the packet, by chance?
VICE CHAIR BURCH: Oh, yes, 155.
CHAIR THOMAS: While Mr. Mullin is pulling that
up, are there any other questions for Staff at this time, or does anyone want to kick off discussion? Vice Chair
Burch.
VICE CHAIR BURCH: I am kicking off the
discussion. I’ve had the opportunity to look at a lot of hillside homes during my tenure, and they’re always very challenging. Obviously, just the slope of the land and
ITEM NO. 1.
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interesting lot lines and lot configurations make them
always a little bit challenging.
I do think there are some challenges on this
property. I want to point out, if you look on Sheet A-11, one of the items in the Hillside Guidelines is that homes built in the hillside kind of stair-step with the slope, and I do want to point out that this property is doing that rather than have a 35’ vertical plane.
That said, I still think there is probably some
opportunity to reduce the deck, maybe to work with window height, and to work a little bit with the privacy with the neighbors. I think there is some more opportunity for the Applicant to work with their neighbors on landscaping for privacy purposes.
I’m going to pause where else I was going to go,
because Mr. Mullin, if you could do me a favor then and point out on this exactly where the LRDA is on this
property.
SEAN MULLIN: I can start, and then Ms. Shoopman
can correct me if I’m wrong. Just to zoom in on the legend, this light grey area is areas over 30% slopes. There’s a delineation of the Least Restrictive Development Area
showing the areas under 30%, so I don't know if you can see my cursor. You can see a couple callouts of little pockets
ITEM NO. 1.
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along the roadway, and then a small pocket in this area where the LRDA is located, and the house is located up in this corner.
VICE CHAIR BURCH: Okay. I wanted to make sure we
were all aware of the extreme limitations on that. Thank you.
Just to finish, and then I’ll let Commissioner
Barnett go. We are dealing with a complicated site, but I do think that there is probably a bit more work that the Applicant could be doing with their neighbors to address some of the privacy issues as far as the deck, windows, and landscape.
CHAIR THOMAS: Commissioner Barnett.
COMMISSIONER BARNETT: I’m in general agreement
with that, but I suppose that puts us in the position of making conditions that the Applicant work with Staff to address those issues, or we continue this matter to see what changes have actually been proposed.
VICE CHAIR BURCH: I made the comment, I’ll
address it. I am always very inclined to have the
applicants work with Staff. They are professionals in this and studied this. They are very well versed in our
guidelines requirements and some of the nuances that these take. So, that would be my recommendation.
ITEM NO. 1.
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CHAIR THOMAS: I feel like that too. I don’t
think that this project needs significant changes enough, or I don’t think that we can request significant changes enough at this point for it to need to come back to us.
I understand the neighbors’ concerns, and I want
to make sure that we attempt to mitigate some of those, however, I do think that the issues regarding the grading depth, the retaining wall, height, and length are all
specific and can’t be avoided because of the site, and due to fire safety it’s absolutely required, and the same with the LRDA.
So, the four reasons that it’s really in front of
the Commission, I believe that we can make the findings for those exceptions, so I would be in favor of the Commission trying to make some specific recommendations to be included in the Conditions of Approval so that Staff can move
forward with that.
However, I do feel pretty strongly about
maintaining some native landscaping in this area,
especially hearing from some of the neighbors and public comment about how this area is very natural looking as it is, and I think that it would be really doing a disservice to the ecosystem and the neighbors if there were some
plants planted that were not naturally found here.
ITEM NO. 1.
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I also want to note that there were comments that
Toyon aren’t evergreen, but they are, even though they are slow growing, so I would head more in the direction with regard to landscaping to asking for some larger, more
mature trees to be planted. I know that that can be
difficult with oaks, but perhaps there are some larger
Toyons that can be sourced, and those are evergreen, so I think that that could mitigate some of the neighbor privacy concerns.
I think what Vice Chair Burch suggested, reducing
the size of that deck or readjusting the deck so it’s
really oriented still in the other direction, like ensuring that it’s more oriented away from the neighboring
properties, is something that I would also be in favor of.
I think that Commissioner Burnett has some comments too.
COMMISSIONER BURNETT: Thank you. Looking at the
design here, there are so windows. We didn’t address the amount of windows in the home, which would have an effect on the privacy from the home below. I wonder if we maybe talk about that a little bit, because I mean there are a lot of windows.
CHAIR THOMAS: I think Ms. Whelan has a comment
about that.
ITEM NO. 1.
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ATTORNEY WHELAN: If it’s a good time, I can
respond to Commissioner Barnett’s question about the
Conditions of Approval.
The Applicant is seeking architectural and site
plan approval, and the Town Code provides that when that’s the case the decision-making body can include conditions that are reasonable and necessary to carry out the intent of the chapter. Such conditions can include site planning conditions, architectural conditions, landscape conditions, etc. Requiring a special treatment on the window would be an architectural condition, and so the Planning Commission would need to determine whether or not that was reasonable and necessary in order to ensure harmony with the
neighborhood.
CHAIR THOMAS: Do you have any follow-up
questions?
COMMISSIONER BARNETT: No, that’s fine.
CHAIR THOMAS: I think that with additional
landscape screening, I personally do not see a need to make a lot of changes with regard to making additional
recommendations or Conditions of Approval surrounding the windows at this point.
I always try to remind myself that the people
building the property also value privacy, and the windows
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are two-way, so if they can see out, people can see in. I’m not sure that I have any specific recommendations around that, but I’m interested to hear if any other Commissioners do. Commissioner Burnett.
COMMISSIONER BURNETT: If you’re looking at the
design, there are 14 windows on the bottom, there are 14 in the middle, and there are 10 on the top. I’m just saying, I’m wondering if there would be some way we could reduce the number, and I think that would help with privacy issues for the neighbor below.
CHAIR THOMAS: Vice Chair Burch.
VICE CHAIR BURCH: Just to add to the dialogue
though. If you take a look at the way this is built, on the north-northeast side of the home, if you look at Sheets A5, A-6, and A-7, there are really no windows on that side because of the way it’s built into the hillside, so the natural light that they’re getting is actually coming from the southwest side of the building.
That said, I think we could say where
appropriate, restrooms or a pantry, we could ask for
frosted windows, but even like in bedrooms you have to have an egress window. We have to be careful on Building Code and allowing just natural light into a home versus reducing too much. I’m kind of with the Chair; I would mostly prefer
ITEM NO. 1.
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perhaps they work through some of the privacy issues with landscaping, if possible. Really, that’s the only side of the house that has windows.
CHAIR THOMAS: Commissioner Stump.
COMMISSIONER STUMP: A question for Staff. What
direction can we really give an applicant around one of the ways to reduce your privacy is to reduce the number of
windows you have in your house? I mean, certainly that’s an option, but how does that really get included as a
condition? We’re really trying to achieve, for the
neighbors as well as the Applicant, a good solution for privacy, and we’re talking about landscaping, we’re talking about we can require window coverings, but of course that assumes they’re being used. So, what other options do we have as it relates to this whole question of privacy and so much viewing area from this house.
JOCELYN SHOOPMAN: Thank you for that question.
What Staff would be looking for is specific direction about where the landscaping should be located. (Inaudible) there is specific direction that the landscaping should only be native. There can be specific language about there has to be an agreement from the neighbor on the landscaping; that could be prior to final of the Building Permit, but that’s
ITEM NO. 1.
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the kind of specific language Staff would need in the
condition.
CHAIR THOMAS: Just to follow-up on that,
typically in the past when we include something like this in a Condition of Approval we will say remove this window from this location, or make this window frosted, something very specific, which at this point I don't know if we feel like that’s… So, that’s typically what we’ve done in the past. Commissioner Barnett.
COMMISSIONER BARNETT: I’m prepared to try to
make a motion based on our discussion so far, recognizing that there may well be proposed additions or deletions, if I may.
Concerning Item 2 on our agenda tonight regarding
the request for approval to construct a new single-family residence and site improvements requiring a Grading Permit on vacant property zoned HR-1, located at 16498 South
Kennedy Road, I can make the findings that the proposed project is categorically exempt under CEQA.
I can make the finding that the project complies
with the objective standards of Chapter 29 of the Town
Code.
I can make the finding that due to the
constraints of the site, exceptions to grading depth,
ITEM NO. 1.
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retaining wall height, retaining wall length, and building located outside the LRDA are appropriate, and the project is otherwise in compliance with the Hillside Development Standards and Guidelines.
I can make the finding that the project complies
with the Hillside Specific Plan.
I can make the considerations as required by
29.20.150 of the Town Code for granting approval of an
Architecture and Site Application, Exhibit 2, and approve the Architecture and Site Application S-24-037 with the conditions contained in Exhibit 3, and the development
plans in Exhibit 13.
The additions would be that the Applicant work
with Staff and the neighbors concerning the height and
species of privacy trees, with preference for native trees; that the Applicant discuss with Staff and make possible reduction of the window heights; and that the Applicant further discuss in good faith with the Staff the removal or reorientation of the small deck.
CHAIR THOMAS: I think we need a second. Do you
second, Vice Chair Burch, and then a friendly amendment? VICE CHAIR BURCH: I’ll second. I would like to
make on Condition of Approval #66, as we discussed earlier on in our discussion, the restoration of public
ITEM NO. 1.
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improvements, I would like to ensure that the historic rock wall is included in those repairs, and Ms. Shoopman, if it could be worded in a way that it maintains the historic integrity of the wall. Acceptable?
COMMISSIONER BARNETT: That’s acceptable to me if
it’s acceptable to Staff and the Town Attorney.
ATTORNEY WHELAN: Yes.
CHAIR THOMAS: Can I just get a clarification on
the landscaping recommendations for privacy that were
included? Did you make any recommendations about that to be added?
COMMISSIONER BARNETT: Yes, I said the height and
species of the privacy trees, with preference for native trees.
CHAIR THOMAS: Yes, as applicable to the appendix
in A from the Hillside Development Guidelines.
COMMISSIONER BARNETT: They’re guidelines, so
I’ll accept that. The seconder needs to approve.
CHAIR THOMAS: Do you?
VICE CHAIR BURCH: Yes.
CHAIR THOMAS: Perfect. Any discussion about this
motion, or questions?
ATTORNEY WHELAN: I have a question.
CHAIR THOMAS: Yes.
ITEM NO. 1.
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ATTORNEY WHELAN: There was a reorientation of
something and I didn’t capture what it was. Is it the small deck?
COMMISSIONER BARNETT: Removal or reorientation
to grant privacy on the small deck.
CHAIR THOMAS: I will now call the question and
ask for a show of hands in favor of the motion. The motion passes 5-0. Are there any appeal rights?
DIRECTOR PAULSON: Yes, thank you, Chair. Anyone
who is not satisfied with the decision of the Planning
Commission can appeal that decision to the Town Council.
Forms are available online and in the Clerk’s Office. There is a fee for filing the appeal, and the appeal must be
filed within ten days.
CHAIR THOMAS: Okay, thank you.
(END)
ITEM NO. 1.
TOWN OF LOS GATOS
COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING DIVISION
(408) 354-6872 Fax (408) 354-7593
March 27, 2025
Robert Nicol
1199 El Solyo Avenue
Campbell, CA 95008
Via Email
RE: 16497 S. Kennedy Road
Architecture and Site Application S-24-037
Consider a Request for Approval to Construct a New Single-Family Residence and Site Improvements Requiring a Grading Permit on Vacant Property Zoned HR-1. APN 532-17-038.
Categorically Exempt Pursuant to CEQA Guidelines Section 15303: New Construction.
PROPERTY OWNER: Robert Nicol
APPLICANT: Chris Spaulding
At its meeting of March 26, 2025, the Town of Los Gatos Planning Commission approved the above referenced application with the following additional conditions:
• #3, LANDSCAPE SCREENING: To the satisfaction of the Community Development Department, the applicant shall meet with the neighbor located at 16515 S. Kennedy Road to select an agreeable tree species and height between the two parties to be planted in order to achieve privacy between the properties, with a preference for native trees per Appendix A of the Hillside Development Standards and Guidelines. Installation of the landscape screening shall be completed prior to occupancy. • #4, WINDOWS: To the satisfaction of the Director of the Community Development Department, the applicant shall work with staff to reduce the proposed window heights on the southwest elevation or other methods, such as frosted or clerestory windows for achieving additional privacy, if possible. • #5, OUTDOOR DECK: To the satisfaction of the Director of the Community Development Department, the applicant shall work with staff on the removal, reduction, or reorientation of the smaller deck along the southwest elevation.
• #69, RESTORATION OF PUBLIC IMPROVEMENTS: The Applicant shall repair or replace all existing improvements not designated for removal that are damaged or removed during construction.
Improvements such as, but not limited to curbs, gutters, sidewalks, driveways, signs, streetlights, pavements, raised pavement markers, thermoplastic pavement markings, etc., shall be repaired or replaced to a condition equal to or better than the original condition. The applicant shall repair or replace the existing rock wall, uphill of the property for any damage caused during construction. The rock wall shall be repaired or replaced to maintain the historic integrity of the wall. Any new concrete shall be free of stamps, logos, names, graffiti, etc. Existing improvement to be repaired or replaced shall be at the direction of the PPW Inspector and shall comply with all Title 24 Disabled Access provisions. The restoration of all improvements identified by the PPW Inspector shall be completed before the issuance of a certificate of occupancy. The Applicant shall request a walkthrough with the PPW Inspector before the start of construction to verify existing conditions.
CIVIC CENTER
110 E. MAIN STREET
LOS GATOS, CA 95030
ATTACHMENT 4
ITEM NO. 1.
The attached draft modified conditions of approval will not be final until the Planning Commission has approved the March 26, 2025, meeting minutes at their next meeting, confirming any additional or modified conditions of approval for the project in the underlined font. You will be notified in writing once the Planning Commission has approved the minutes.
PLEASE NOTE: Pursuant to Section 29.20.275 of the Town Code, this approval may be appealed to the Town Council within 10 days of the date the approval is granted. Therefore, this action for approval should not be considered final, and no permits by the Town will be issued until the appeal period has passed.
If you have any questions, you may contact me by email at [email protected].
Sincerely,
Jocelyn Shoopman
Senior Planner
Cc: Chris Spaulding, [email protected]
N:\DEV\PC\PC ACTION Letters\2025\03-26-25 [S. Kennedy Rd. - Item#2; approvedwithmodifications].docx
ITEM NO. 1.
PLANNING COMMISSION – March 26, 2025
CONDITIONS OF APPROVAL
16497 S. Kennedy Road
Architecture and Site Application S-24-037
Consider a Request for Approval to Construct a New Single-Family Residence and Site Improvements Requiring a Grading Permit on Vacant Property Zoned HR-1. APN 532- 17-038. Categorically Exempt Pursuant to CEQA Guidelines Section 15303: New Construction.
Property Owner: Robert Nicol
Applicant: Chris Spaulding
Project Planner: Jocelyn Shoopman
TO THE SATISFACTION OF THE COMMUNITY DEVELOPMENT DIRECTOR:
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, Development Review Committee, or the Planning Commission depending on the scope of the changes.
2. EXPIRATION: The approval will expire two years from the approval date pursuant to Section 29.20.320 of the Town Code, unless the approval has been vested.
3. LANDSCAPE SCREENING: To the satisfaction of the Community Development Department, the applicant shall meet with the neighbor located at 16515 S. Kennedy Road to select an agreeable tree species and height between the two parties to be planted in order to achieve privacy between the properties, with a preference for native trees per Appendix A of the Hillside Development Standards and Guidelines. Installation of the landscape screening shall be completed prior to occupancy.
4. WINDOWS: To the satisfaction of the Director of the Community Development Department, the applicant shall work with staff to reduce the proposed window heights on the southwest elevation or other methods, such as frosted or clerestory windows for achieving additional privacy, if possible.
5. OUTDOOR DECK: To the satisfaction of the Director of the Community Development Department, the applicant shall work with staff on the removal, reduction, or reorientation of the smaller deck along the southwest elevation.
6. 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.
7. 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.
8. EXISTING TREES: All existing trees shown on the plan and trees required to remain or to
ITEM NO. 1.
be planted are specific subjects of approval of this plan, and must remain on the site.
9. ARBORIST REQUIREMENTS: The developer shall implement, at their cost, all recommendations identified in the Arborist’s report for the project, on file in the Community Development Department. These recommendations must be incorporated in the building permit plans and completed prior to issuance of a building permit where applicable.
10. TREE FENCING: Protective tree fencing and other protection measures consistent with Section 29.10.1005 of the Town Code 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.
11. TREE STAKING: All newly planted trees shall be double-staked using rubber tree ties.
12. LANDSCAPE SPECIES: All landscape species to be consistent with the Hillside Development Standards and Guidelines.
13. FRONT YARD LANDSCAPE: Prior to issuance of a Certificate of Occupancy the front yard must be landscaped.
14. 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.
15. 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.
16. EXTERIOR COLORS: The exterior colors of all structures shall comply with the Hillside Development Standards & Guidelines.
17. DEED RESTRICTION: Prior to the issuance of a building permit, a deed restriction shall be recorded by the applicant with the Santa Clara County Recorder’s Office that requires all exterior materials be maintained in conformance with the Town’s Hillside Development Standards & Guidelines.
18. MAINTENANCE AGREEMENT: Following the issuance of a certificate of occupancy, the property owner shall execute a five-year maintenance agreement with the Town that the property owner agrees to protect and maintain the trees shown to remain on the approved plans, trees planted as part of the tree replacement requirements, and guarantees that said trees will always be in a healthy condition during the term of the maintenance agreement.
19. NESTING BIRDS: To avoid impacts to nesting birds, the removal of trees and shrubs shall be minimized to the greatest extent feasible. Construction activities that include any tree removal, pruning, grading, grubbing, or demolition shall be conducted outside of the bird nesting season (January 15 through September 15) to the greatest extent feasible. If this type of construction starts, if work is scheduled to start or if work already occurring during the nesting season stops for at least two weeks and is scheduled to resume during the bird nesting season, then a qualified biologist shall conduct a pre-construction surveys for nesting birds to ensure that no nests would be disturbed during project construction. If project-related work is scheduled during the nesting season (February 15 to August 30 for EXHIBIT 3
ITEM NO. 1.
small bird species such as passerines; January 15 to September 15 for owls; and February 15 to September 15 for other raptors), a qualified biologist shall conduct nesting bird surveys. Two surveys for active nests of such birds shall occur within 14 days prior to start of construction, with the second survey conducted with 48 hours prior to start of construction. Appropriate minimum survey radius surrounding each work area is typically 250 feet for passerines, 500 feet for smaller raptors, and 1,000 feet for larger raptors.
Surveys shall be conducted at the appropriate times of day to observe nesting activities. If the qualified biologist documents active nests within the project site or in nearby surrounding areas, an appropriate buffer between each nest and active construction shall be established. The buffer shall be clearly marked and maintained until the young have fledged and are foraging independently. Prior to construction, the qualified biologist shall conduct baseline monitoring of each nest to characterize “normal” bird behavior and establish a buffer distance, which allows the birds to exhibit normal behavior. The qualified biologist shall monitor the nesting birds daily during construction activities and increase the buffer if birds show signs of unusual or distressed behavior (e.g. defensive flights and vocalizations, standing up from a brooding position, and/or flying away from the nest). If buffer establishment is not possible, the qualified biologist or construction foreman shall have the authority to cease all construction work in the area until the young have fledged and the nest is no longer active.
20. SPECIAL-STATUS BATS: Approximately 14 days prior to tree removal or structure demolition activities, a qualified biologist shall conduct a habitat assessment for bats and potential roosting sites in trees to be removed, in trees within 50 feet of the development footprint, and within and surrounding any structures that may be disturbed by the project. These surveys will include a visual inspection of potential roosting features (bats need not be present) and a search for presence of guano within the project site, construction access routes, and 50 feet around these areas. Cavities, crevices, exfoliating bark, and bark fissures that could provide suitable potential nest or roost habitat for bats shall be surveyed. Assumptions can be made on what species is present due to observed visual characteristics along with habitat use, or the bats can be identified to the species level with the use of a bat echolocation detector such as an “Anabat” unit. Potential roosting features found during the survey shall be flagged or marked.
If no roosting sites or bats are found, a letter report confirming absence will be prepared and no further measures are required.
If bats or roosting sites are found, a letter report and supplemental documents will be prepared prior to grading permit issuance and the following monitoring, exclusion, and habitat replacement measures will be implemented:
a. If bats are found roosting outside of the nursery season (May 1 through October 1), they will be evicted as described under (b) below. If bats are found roosting during the nursery season, they will be monitored to determine if the roost site is a maternal roost. This could occur by either visual inspection of the roost bat pups, if possible, or by monitoring the roost after the adults leave for the night to listen for bat pups. If the roost is determined to not be a maternal roost, then the bats will be evicted as
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described under (b) below. Because bat pups cannot leave the roost until they are mature enough, eviction of a maternal roost cannot occur during the nursery season.
Therefore, if a maternal roost is present, a 50-foot buffer zone (or different size if determined in consultation with the CDFW) will be established around the roosting site within which no construction activities including tree removal or structure disturbance will occur until after the nursery season.
b. If a non-breeding bat hibernaculum is found in a tree or snag scheduled for removal or on any structures scheduled to be disturbed by project activities, the individuals will be safely evicted, under the direction of a qualified bat biologist. If pre-construction surveys determine that there are bats present in any trees to be removed, exclusion structures (e.g. one-way doors or similar methods) shall be installed by a qualified biologist. The exclusion structures shall not be placed until the time of year in which young are able to fly, outside of the nursery season. Information on placement of exclusion structures shall be provided to the CDFW prior to construction.
If needed, other methods conducted under the direction of a qualified bat biologist could include: carefully opening the roosting area in a tree or snag by hand to expose the cavity and opening doors/windows on structures, or creating openings in walls to allow light into the structures. Removal of any trees or snags and disturbance of any structures will be conducted no earlier than the following day (i.e., at least one night will be provided between initial roost eviction disturbance and tree removal/structure disturbance). This action will allow bats to leave during dark hours, which increases their chance of finding new roosts with a minimum of potential predation.
21. ARCHAEOLOGICAL RESOURCES AND HUMAN REMAINS:
a. In the event that archaeological traces are encountered, all construction within a 50- meter radius of the find will be halted, the Community Development Director will be notified, and an archaeologist will be retained to examine the find and make appropriate recommendations.
b. If human remains are discovered, the Santa Clara County Coroner will be notified. The Coroner will determine whether or not the remains are Native American. If the Coroner determines the remains are not subject to his authority, he will notify the Native American Heritage Commission, who shall attempt to identify descendants of the deceased Native Americans.
c. If the Community Development Director finds that the archaeological find is not a significant resource, work will resume only after the submittal of a preliminary archaeological report and after provisions for reburial and ongoing monitoring are accepted. Provisions for identifying descendants of a deceased Native American and for reburial will follow the protocol set forth in CEQA Guidelines Section 15064.5( e). If the site is found to be a significant archaeological site, a mitigation program will be prepared and submitted to the Community Development Director for consideration and approval, in conformance with the protocol set forth in Public Resources Code Section 21083.2.
d. A final report shall be prepared when a find is determined to be a significant archaeological site, and/or when Native American remains are found on the site. The
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final report will include background information on the completed work, a description and list of identified resources, the disposition and curation of these resources, any testing, other recovered information, and conclusions.
22. DUSKY-FOOTED WOODRATS: This project will implement the following standard measures to minimize impacts on woodrats and active woodrat nests on the project site. a. PRECONSTRUCTION SURVEY. A qualified biologist will conduct a preconstruction survey for San Francisco dusky-footed woodrat nests within 30 days of the start of work activities. If active woodrat nests are determined to be present in, or within 10 feet of the impact areas, the conditions below (Avoidance and/or Nest Relocation) will be implemented, as appropriate. If no active woodrat nests are present on or within 10 feet of impact areas, no further conditions are warranted. b. AVOIDANCE. Active woodrat nests that are detected within the work area will be avoided to the extend feasible. Ideally, a minimum 10-foot buffer will be maintained between project activities and woodrat nests to avoid disturbance. In some situations, a small buffer may be allowed if, in the opinion of a qualified biologist, nest relocation (below) would represent a greater disturbance to the woodrats than the adjacent work activities.
c. NEST RELOCATION. If avoidance of active woodrat nests within and immediately adjacent to (within 10 feet of) the work areas is not feasible, then nest materials will be relocated to suitable habitat as close to the project site as possible (ideally, within or immediately adjacent to the project site).
Relocation efforts will avoid the peak nesting season (February-July) to the maximum extent feasible. Prior to the start of construction activities, a qualified biologist will disturb the woodrat nest to the degree that all woodrats leave the nest and seek refuge outside of the construction area. Disturbance of the woodrat nest will be initiated no earlier than one hour before dusk to prevent the exposure of woodrats to diurnal predators. Subsequently, the biologist will dismantle and relocate the nest material by hand. During the deconstruction process, the biologist will attempt to assess if there are juveniles in the nest. If immobile juveniles are observed, the deconstruction process will be discontinued until a time when the biologist believes the juveniles will be capable of independent survival (typically after 2 to 3 weeks). A no-disturbance buffer will be established around the nest until the juveniles are mobile. The nest may be dismantled once the biologist has determined that adverse impacts on the juveniles would not occur.
23. 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)
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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.
24. COMPLIANCE MEMORANDUM: A memorandum shall be prepared and submitted with the building plans detailing how the Conditions of Approval will be addressed.
Building Division
25. 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 required by the California Energy Code.
26. 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.
27. 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.
28. BUILDING & SUITE NUMBERS: Submit requests for new building addresses to the Building Division prior to submitting for the building permit application process.
29. SIZE OF PLANS: Minimum size 24” x 36”, maximum size 30” x 42”.
30. 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.
31. 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.
32. 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
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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
33. TITLE 24 ENERGY COMPLIANCE: All required California Title 24 Energy Compliance Forms must be directly printed onto a plan sheet.
34. 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.
35. BACKWATER VALVE: The scope of this project may require the installation of a sanitary sewer backwater valve per Town Ordinance 6.40.020. 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.
36. HAZARDOUS FIRE ZONE: All projects in the Town of Los Gatos require Class A roof assemblies.
37. WILDLAND-URBAN INTERFACE: This project is located in a Wildland-Urban Interface High Fire Area and must comply with Section R337 of the 2022 California Residential Code, Public Resources Code 4291 and California Government Code Section 51182.
38. PROVIDE DEFENSIBLE SPACE/FIRE BREAK LANDSCAPING PLAN: Prepared by a California licensed Landscape Architect in conformance with California Public Resources Code 4291 and California Government Code Section 51182.
39. PRIOR TO FINAL INSPECTION: Provide a letter from a California licensed Landscape Architect certifying the landscaping and vegetation clearance requirements have been completed per the California Public Resources Code 4291 and Government Code Section 51182.
40. 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.
41. 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
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part of the plan submittal as the second page. The specification sheet is available online at www.losgatosca.gov/building.
42. 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
THE FOLLOWING CONDITIONS SHALL BE ADDRESSED OR NOTED ON THE CONSTRUCTION
PLANS SUBMITTED FOR ANY BUILDING OR GRADING PERMIT, OR IF ANOTHER DEADLINE IS SPECIFIED IN A CONDITION, AT THAT TIME.
43. PAYMENT OF PARKS AND PUBLIC WORKS (“PPW”) ENGINEERING PLAN CHECK FEE AND INSPECTION FEE: At the time of the first construction submittal, the Applicant shall submit to the Town Engineer for approval a detailed construction project cost estimate prepared and stamped by the Applicant’s civil engineer. The cost estimate shall break out on-site and off-site improvements separately. This cost estimate will be used to determine the Engineering Plan Check Fee. A final construction cost estimate shall be provided once the project plans are approved. This cost estimate will be used to determine the Engineering Inspection Fee. The Engineering Inspection Fee must be paid prior to the issuance of any construction related permit.
44. STORM DRAINAGE FEE: The Applicant shall pay Storm Drainage Fees in accordance with the Town’s Adopted Schedule of Fees and Charges in effect at the date of application for the future construction of drainage facilities serving new buildings, improvements, or structures to be constructed which substantially impair the perviousness of the surface of land. The estimated fee, based on the site area of 4.28 acres, is $5,041.00. This fee is only an estimate. The actual impact fee will be calculated based on building permit plans submitted, and the fees approved by the Town Council in place at the time of the building permit submittal. The Applicant shall pay this fee to PPW prior to issuance of the first building permit.
45. TRAFFIC IMPACT FEES: The project is subject to the Town’s Traffic Impact Fee for the generation of an estimated 9.43 net new average daily trips based on the Institute of Transportation Engineers recommendations for trip generation. The Town’s Fee Schedule currently in effect indicates a fee of $1,104 per additional average daily trip. This results in an estimated total amount due of $10,410.72. The actual fee due will be based on the fee schedule adopted at the time the fee is paid. Payment of this Impact Fee is required prior to the issuance of the first building permit issuance.
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46. CONSTRUCTION ACTITIVITIES MITIGATION FEE (ORDINANCE 2189): Per the Town’s Comprehensive Fee Schedule, the project is subject to the Town’s Construction Activities Mitigation Fee based on the square footage of new buildings. The fee is $1.43 per square foot of new residential and non-residential building area. The fee shall be calculated based on the square footage total for all units shown on the construction plans to the approval of the Town Engineer. The plans indicate 5,074.3 SF of total square footage of the proposed new building. This results in an estimated total amount due of $7,256.25.
Payment of this fee shall pe paid prior to issuance of the first building permit.
47. GRADING PERMIT: A grading permit is required for all site grading and drainage work that is outside the perimeter of a building, retaining wall footing, or other structure authorized by a valid building permit. The Applicant must submit a grading permit application after the appeal period of the entitlement approval process has passed. Submittals are accepted through Accela only. The grading permit application shall include detailed grading plans and associated required materials. Plan check fees are based on the scope of onsite work. Prior to approval of the grading permit, the Applicant shall pay all fees due and provide faithful performance and payment securities for the performance of the work described and delineated on the approved grading plan, final erosion and sedimentation control plan, and interim erosion and sedimentation control plan (if required), in an amount to be set by the Town Engineer (but not to exceed one hundred (100) percent) of the approved estimated cost of the grading and erosion and sedimentation control measures. The form of security shall be one or a combination of the following to be determined by the Town Engineer and subject to the approval of the Town Attorney: (1) Bond or bonds issued by one or more duly authorized corporate sureties on a form approved by the Town; (2) Deposit with the Town, money, or negotiable bonds of the kind approved for securing deposits of public monies; or (3) other instrument of credit from one or more financial institutions subject to regulation by the State or Federal Government wherein such financial institution pledges funds are on deposit and guaranteed for payment. The grading permit shall be issued prior to the issuance of the building permit unless otherwise allowed by the Town Engineer. The permit shall be limited to work shown on the grading plans approved by the Town Engineer. In granting a permit, the Town Engineer may impose any condition deemed necessary to protect the health, safety, and welfare of the public, to prevent the creation of a nuisance or hazard to public or private property, and to assure proper completion of the grading including but not limited to: (1) Mitigation of adverse environmental impacts; (2) Improvement of any existing grading or correction of any existing grading violation to comply with Town Code; (3) Requirements for fencing or other protection of grading which would otherwise be hazardous; (4) Requirements for dust, erosion, sediment, and noise control, hours of operation and season of work, weather conditions, sequence of work, access roads, and haul routes; (5) Requirements for safeguarding watercourses from excessive deposition of sediment or debris in quantities exceeding natural levels; (6) Assurance that the land area in which grading is proposed and for which habitable structures are proposed is not subject to hazards of land slippage or significant settlement or erosion and that the hazards of seismic activity or flooding can be eliminated or adequately reduced; (7) Temporary and permanent landscape plans.
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48. PUBLIC IMPROVEMENTS: Prior to the issuance of any building permit and prior to any work being done in the Town's right of way, the Applicant must submit Public Improvement Plans for review and approval. All public improvements shall be made according to the Town’s latest adopted Standard Plans, Standard Specifications, and Engineering Design Standards. The Applicant is required to confirm the location of existing utility lines along the project frontage by potholing. Prior to any potholing, Applicant shall submit an Encroachment Permit application with a pothole plan for Town review and approval. The Applicant shall provide the pothole results to the Town Engineer prior to final design. All existing public utilities shall be protected in place and, if necessary, relocated as approved by the Town Engineer. No private facilities are permitted within the Town right of way or within any easement unless otherwise approved by the Town Engineer. The Applicant shall have Public Improvement Plans prepared, stamped, and signed by a California licensed civil engineer.
a. Once the Public Improvement Plans have been approved, the Applicant shall submit an application for an Encroachment Permit. The Encroachment Permit requires the Applicant to post the required bonds and insurance and provide a one (1) year warranty for all work to be done in the Town's right of way or Town easement. New concrete shall be free of stamps, logos, names, graffiti, etc. Any new concrete installed that is damaged shall be removed and replaced at the Contractor’s sole expense. Prior to issuance of the encroachment permit, the Applicant shall submit a temporary traffic control plan (“TTCP”) inclusive of all modes of travel for any lane or sidewalk closures.
Special provisions such as limitations on works hours, protective enclosures, or other means to facilitate public access in a safe manner may be required. The TTCP shall comply with the State of California Manual of Uniform Traffic Control Devices (“MUTCD”) and standard construction practices.
b. The project engineer shall notify the Town Engineer in writing of any proposed changes.
Any proposed changes to the approved plans shall be subject to the approval of the Town. The Applicant shall not commence any work deviating from the approved plans until such deviations are approved. Any approved and constructed changes shall be incorporated into the final “as-built” plans.
c. Right-of-way improvements shall include, at a minimum, the following items:
i. STREET WIDENING - The Applicant shall widen Vivian Drive as conceptually shown on the approved entitlement plans and ultimately as approved by the Town Engineer.
ii. STREET MARKINGS - The Applicant shall install necessary street markings of a material and design approved by the Town Engineer and replace any that are damaged during construction. These include but are not limited to all pavement markings, painted curbs, and handicap markings. All permanent pavement markings shall be thermoplastic and comply with Caltrans Standards. Color and location of painted curbs shall be shown on the plans and are subject to approval by the Town Engineer. Any existing painted curb or pavement markings no longer required shall be removed by grinding if thermoplastic, or sand blasting if in paint. iii. SEWER CLEAN-OUT - The Applicant shall install a sewer lateral clean-out on private property just behind the property line in accordance with the West Valley
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Sanitation District standards. Sewer clean-out(s) shall be constructed prior to occupancy of the first building.
iv. WATER METER - The Applicant shall install the water meter on private property just behind the property line in accordance with the San Jose Water Company standards. Water meters shall be installed prior to occupancy of the first building.
49. TREE REMOVAL PERMIT: The Applicant shall apply and obtain a Tree Removal Permit from the Parks and Public Works Department for the removal of existing trees on-site or in the public right-of-way prior to the issuance of a building permit or demolition building permit, whichever is issued first. Tree removals shall be consistent with the arborist report and approved entitlement plans.
50. CONSTRUCTION PHASE PLAN SUBMITTAL REQUIREMENTS: The Grading Permit Plans and Public Improvement Plans (together referred to as “Improvement Plans”) shall be submitted as a set to Parks and Public Works Department along with a title report dated no older than 30 days from the date the Improvement Plans are submitted. The Improvement Plans shall be submitted at the same time as the Building Plans are submitted to the Building Department. All improvements shall be designed and constructed in accordance with Federal law, State law, Los Gatos Town Code, and the Los Gatos Standard Specifications and Details.
a. Construction drawings shall comply with Section 1 (Construction Plan Requirements) of the Town’s Engineering Design Standards, which are available for download from the Town’s website. The Improvement Plans shall include:
b. A cover sheet with at least the proposed development vicinity map showing nearby and adjacent major streets and landmarks, property address, APN, scope of work, project manager and property owner, a “Table of Responsibilities” summarizing ownership, access rights, and maintenance responsibilities for each facility (streets, utilities, parks, landscaping, etc.), a sheet index including a sequential numeric page number for each sheet (i.e. “Sheet 1 of 54”), the lot size, required and proposed lot setbacks by type, proposed floor areas by type for each building, average slope, proposed maximum height, and required and proposed parking count and type. c. The Approved Conditions of Approval printed within the plan set starting on the second sheet of the plan set.
d. An Existing Site Plan showing existing topography, bearing and distance information for all rights-of-way, easements, and boundaries, any existing easements proposed to be quit-claimed, existing hardscape, existing above ground utility features, and existing structures. The Improvement Plans shall identify the vertical elevation datum, date of survey, and surveyor responsible for the data presented. e. A Proposed Site Plan showing proposed topography, boundaries, proposed and existing to remain easements, hardscape, above ground utility features (hydrants, transformers, control cabinets, communication nodes, etc.), and structures. Include top and bottom elevations of every inflection point of each wall. Show proposed public right-of-way improvements. Distinguish proposed linework from existing linework using heavier line type for proposed.
f. A Grading and Drainage Plan clearly showing existing onsite and adjacent topography using labeled contour lines, drainage direction arrows with slope value, and break lines.
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Proposed and existing to remain hardscape elevations must be provided in detail including slope arrows.
g. A Utility Plan showing appropriate line types and labels to identify the different types of utilities and pipe sizes. Utility boxes, hydrants, backflow preventers, water meters, sanitary sewer cleanouts, etc. shall be located on private property unless h. A Landscaping Plan for the project site and the full width of the public right-of-ways adjacent to the project. The plans shall clearly identify public and private utilities and points of demarcation between the two.
i. General Notes found in the Town of Los Gatos General Guidelines. j. A statement in the general notes indicating the need to obtain a Caltrans Oversized/Overweight Vehicles Transportation Permit if oversized or overweight vehicles are expected to be used
A statement that all utility boxes in vehicular pathways shall be traffic-rated.
51. STANDARD PLAN COMPLIANCE: The project shall comply with the Town’s Standard Plans to the approval of the Town Engineer. Street improvements, all street sections, the design of all off-site storm drainage facilities shall be in accordance with most current Town Standard Specifications and Standard Plans approved by the Town Engineer.
Improvements deemed necessary by the Town Engineer shall be shown on the Improvement Plans.
52. EXISTING FACILITY PROTECTION AND REPAIR: All existing public utilities shall be either protected in place, relocated, or repaired. The Applicant shall repair or replace all existing improvements not designated for removal, and all new improvements that are damaged during construction or removed because of the Applicant’s operations. This includes sidewalk, curb and gutter, streetlights, valley gutters, curb ramps, and any other existing improvements in the area that are not intended to be removed and replaced. The Applicant shall request a walk-through with the PPW construction Inspector before the start of construction to verify existing conditions. Said repairs shall be completed prior to issuance of the first certificate of occupancy of the project.
53. UNDERGROUND UTILITIES: All new services to the development shall be placed underground in accordance with the various utility regulations. Underground utility plans must be submitted to the Town and approved by the Town Engineer prior to installation.
54. UTILITY RESPONSIBILITIES: The Applicant is responsible for the maintenance of existing stormwater drainage facilities, including piped and open channel stormwater conveyances in private areas. The Applicant is responsible for all expenses necessary to connect to the various utility providers. Currently, the public storm sewer system is owned and maintained by the Town of Los Gatos, the water system in Los Gatos is owned and maintained by San José Water Company, and the sanitary sewer system in Los Gatos is owned and maintained by West Valley Sanitation District. Any alterations of the approved utilities listed must be approved by the Town prior to any construction.
55. UTILITY COMPANY COORDINATION: The Applicant shall negotiate any necessary right-ofway or easements with the various utility companies in the area, subject to the review and approval by the Town Engineer and the utility companies. Prior to the approval of the site plan for construction, the Applicant shall submit “Will Serve” letters from PG&E, San José Water, West Valley Sanitation District, West Valley Collections and Recycling, and
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AT&T (or the current “Carrier of Last Resort”) with a statement indicating either a list of improvements necessary to serve the project or a statement that the existing network is sufficient to accommodate the project. Coordination of the stormwater conveyance system will be addressed during the Grading Permit review.
56. DEVELOPER STORM WATER QUALITY RESPONSIBILITY: The Applicant is responsible for ensuring that all contractors including subcontractors are aware of all stormwater quality measures and implement such measures. The Applicant shall perform all construction activities in accordance with approved Improvement Plans, Los Gatos Town Code Chapter 12 – Grading, Erosion and Sediment Control, and the National Pollutant Discharge Elimination System (NPDES) General Permit. Failure to comply with these rules and regulations will result in the issuance of correction notices, citations, or a project stop order.
57. SITE DRAINAGE: Rainwater leaders shall be discharged to splash blocks. No through curb drains will be allowed. Any storm drains (public or private) directly connected to public storm system shall be stenciled/signed with appropriate “NO DUMPING - Flows to Bay” NPDES required language using methods approved by the Town Engineer on all storm inlets surrounding and within the project parcel. Furthermore, storm drains shall be designed to serve exclusively stormwater. Dual-purpose storm drains that switch to sanitary sewer are not permitted in the Town of Los Gatos. No improvements shall obstruct or divert runoff to the detriment of an adjacent, downstream or down slope property.
58. OFF-SITE DRAINAGE: The Applicant shall not alter any existing drainage patterns without an approved Grading Permit.
59. GRADING & DRAINAGE WINTER MORATORIUM: All grading activity shall comply with the Municipal Regional Stormwater Permit and Chapter 12 of the Town Code. There shall be no earthwork disturbance or grading activities between October 15th and April 15th of each year unless approved by the Town Engineer. In order to be considered for approval, the Applicant must submit a Winterization Erosion Control Plan certified by a California certified QSD to the Town Engineer for review and approval. If grading is allowed during the rainy season, a maximum of two (2) weeks is allowed between clearing of an area and stabilizing/building on the exposed area. The submission of a certified plan does not guarantee approval. Any approved and executed plan must be kept on-site while the project is in construction.
60. EROSION CONTROL: The Applicant shall prepare and submit interim and final erosion control plans to the Town Engineer for review and approval. The interim erosion control plan(s) shall include measures carried out during construction before final landscaping is installed. Multiple phases of interim erosion control plans may be necessary depending on the complexity of the project. Interim erosion control best management practices may include silt fences, fiber rolls, erosion control blankets, Town approved seeding mixtures, filter berms, check dams, retention basins, etc. The Applicant shall install, maintain, and modify the erosion control measures as needed to continuously protect downstream water quality. In the event an emergency modification is deemed necessary, the Applicant must implement necessary measures to protect downstream waterways immediately and then submit the changes made within 24-hours to the Town Engineer for review and
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approval. The erosion control plans shall be in compliance with applicable measures contained in the most current Santa Clara County National Pollutant Discharge Elimination System (NPDES) Municipal Regional Permit (MRP). Any fees or penalties assessed against the Town in response to the Applicant’s failure to comply with the Permit must be paid by the Applicant. The Applicant must permit Town staff onsite to conduct periodic NPDES inspections throughout the recognized storm season to verify compliance with the Construction General Permit and Stormwater ordinances and regulations.
61. SITE TRIANGLE AND TRAFFIC VIEW AREA: Fencing, landscaping, and permanent structures shall not visually obstruct line of sight between three-feet and 7.5-feet in height if located within the driveway view area, traffic view area, or corner sight triangle. The driveway and intersection site triangles are represented on Town Standard Drawing ST-231. The traffic view area and corner sight triangle are shown on Town Standard Drawing ST-232. This includes all above ground obstructions including utility structures, for example electric transformers. The various clearance lines shall be shown on the site plan to demonstrate compliance.
62. GEOLOGICAL REVIEW: Prior to building permit issuance, the Applicant’s Engineering Geologist registered in the State of California shall submit a geological report of the site, including a comprehensive landslide investigation evaluating the landslide hazard (including seismic) and associated risk to the proposed development. The Geologic Consultant shall characterize the existing landslide mapped at the site and elaborate on possible future landslide hazards in accordance with Special Publication 117A. The Geologic Consultant shall map and evaluate existing cut and fill slopes and provide an accurate characterization of the subsurface materials at the site including all bedrock exposures near the proposed development. The Geologic Consultant should prepare and submit a Geologic Map and Cross Section(s) through the landslide and proposed improvements. If potential landslide conditions exist or an estimated risk greater than “low” is identified, supplemental investigation and mitigation will be required. The Geologic Consultant should also evaluate the proposed drywell and infiltration structures and provide recommendations to ensure that downslope erosion and slope instability are not an issue.
63. SUPPLEMENTAL GEOTECHNICAL REQUIREMENTS: The Applicant’s Geotechnical Consultant should review the Applicant’s Geologic Investigation report. The Geotechnical Consultant should then address the following items:
a. The Geotechnical Consultant shall evaluate the feasibility of the proposed development given the results of the Geologic Investigation report, and if warranted, develop recommendations to mitigate the static and seismic landslide hazards. The mitigation should conform with the standards and practices in the Town. Potential solutions include supporting the landslide with a properly design retaining wall or removing the landslide.
b. The Geotechnical Consultant should discuss the proposed basement and provide suitable vehicle surcharge loading for the basement walls supporting cuts adjacent to the garage and driveway. The Geotechnical Consultant should provide foundation and drainage recommendations for the basement.
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c. The Geotechnical Consultant shall provide temporary shoring recommendations related to the proposed deep cuts for the basement and driveway. The Geotechnical Consultant shall analyze the proposed site grading.
d. The Geotechnical Consultant should verify if the lot was previously developed with a single-family residence. The report will require a peer review by the Town’s geological and geotechnical consultant. A deposit and fee for the peer review will be required per the Town’s current fee schedule, unless there are any remaining deposit funds from the entitlement phase. Additional deposit and fees may become due. The Town will route the report to the Town’s peer review consultant once the report is submitted and deposit and fee are available. Once approved, the Applicant’s geotechnical engineer shall review the grading and drainage plan and proposed pavement and foundation design to verify that the design is in accordance with their recommendations. The Applicant’s Geotechnical Engineer’s approval shall be conveyed to the Town either by letter or by signing and stamping the plans. All grading operations and soil compaction activities shall be per the approved project’s design level geotechnical report. The Applicant shall add this condition to the general notes on the grading plan.
64. GEOTECHNICAL ENGINEER OBSERVATION: All grading activities shall be conducted under the observation of, and tested by, a licensed geotechnical engineer. A report shall be filed with the Town of Los Gatos for each phase of construction stating that all grading activities were performed in conformance with the requirements of the project’s design level geotechnical report. The Applicant shall submit a Final Geotechnical Construction Observation and Testing Summary in an “as-built” letter/report prepared and submitted to the Town prior to issuance of the certificate of occupancy. The Applicant shall add this condition to the general notes on the grading plan.
65. PRECONSTRUCTION MEETING: After the issuance of any Grading or Encroachment permit and before the commencement of any on or off-site work, the Applicant shall request a pre-construction meeting with the PPW Inspector to discuss the project conditions of approval, working hours, site maintenance, and other construction matters. At that meeting, the Applicant shall submit a letter acknowledging that:
a. They have read and understand these project Conditions of Approval; b. They will require that all project sub-contractors read and understand these project Conditions of Approval; and,
c. They ensure a copy of these project Conditions of Approval will be posted on-site at all times during construction.
66. DRIVEWAY ACCESS EASEMENT: The Applicant shall show proof that the proposed driveway and parking areas are completely within the recorded easement agreement area. If any of the proposed driveway is found to be outside of the easement agreement area, the Applicant shall acquire a new or modified easement agreement inclusive of all land used for such purposes. Said new or modified easement shall be approved by both affected property owners. The easements shall be approved by the Town Engineer, recorded with the County Recorder’s Office, and a recorded copy of the document returned to the Town prior to the release of the first building permit. The easement may also be designated on any associated parcel or subdivision map.
67. TEMPORARY CONSTRUCTION EASEMENT: Prior to the issuance of a grading or building
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permit, it shall be the sole responsibility of the project to obtain any and all proposed or required easements and/or permissions necessary to perform any work on neighboring private property herein proposed. Proof of agreement/approval is required prior to the issuance of any Permit.
68. RECORD DRAWINGS: The Applicant shall submit a scanned PDF set of stamped record drawings and construction specifications for all off-site improvements to the Department of Parks and Public Works. All underground facilities shall be shown on the record drawings as constructed in the field. The Applicant shall also provide the Town with an electronic copy of the record drawings in the AutoCAD Version being used by the Town at the time of completion of the work. The Applicant shall also submit an AutoCAD drawing file of all consultants composite basemap linework showing all public improvements and utility layouts. This condition shall be met prior to the release of utilities, final inspection, or issuance of a certificate of occupancy, whichever occurs first.
69. RESTORATION OF PUBLIC IMPROVEMENTS: The Applicant shall repair or replace all existing improvements not designated for removal that are damaged or removed during construction. Improvements such as, but not limited to curbs, gutters, sidewalks, driveways, signs, streetlights, pavements, raised pavement markers, thermoplastic pavement markings, etc., shall be repaired or replaced to a condition equal to or better than the original condition. The applicant shall repair or replace the existing rock wall, uphill of the property for any damage caused during construction. The rock wall shall be repaired or replaced to maintain the historic integrity of the wall. Any new concrete shall be free of stamps, logos, names, graffiti, etc. Existing improvement to be repaired or replaced shall be at the direction of the PPW Inspector and shall comply with all Title 24 Disabled Access provisions. The restoration of all improvements identified by the PPW Inspector shall be completed before the issuance of a certificate of occupancy. The Applicant shall request a walk-through with the PPW Inspector before the start of construction to verify existing conditions.
70. PAVEMENT RESTORATION: Due to construction activities, new utility cuts along the project frontage, and the anticipated project’s truck traffic, the Applicant shall grind and provide a 2.5” overlay with asphalt concrete the south side of Los Gatos-Saratoga Road along the entire property length between the center median island and the property frontage. Prior to overlay, any base failure repair or required dig-outs identified by the PPW Inspector shall be completed. The Town Engineer shall approve the roadway repair prior to the release of utilities, final inspection, or issuance of a certificate of occupancy, whichever occurs first.
THE FOLLOWING CONDITIONS SHALL BE COMPLIED WITH AT ALL TIMES DURING THE
CONSTRUCTION PHASE OF THE PROJECT, OR IF ANOTHER DEADLINE IS SPECIFIED IN A
CONDITION, AT THAT TIME
71. PROJECT CONSTRUCTION SETUP: All storage and office trailers will be kept off the public right-of-way.
72. PUBLIC WORKS CONSTRUCTION NOTICE: The contractor shall notify the PPW Inspector at least ten (10) working days prior to the start of any construction work. At that time, the
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Contractor shall provide an initial project construction schedule and a 24-hour emergency telephone number list.
73. PROJECT CONSTRUCTION SCHEDULE: The contractor shall submit the project schedule in a static PDF 11”x17” format and Microsoft Project, or an approved equal. The Contractor shall identify the scheduled critical path for the installation of improvements to the approval of the Town Engineer. The schedule shall be updated monthly and submitted to the PPW Inspector in the same formats as the original.
74. PROJECT CONSTRUCTION HANDOUT: The Contractor shall provide to the Town Engineer an approved construction information handout for the purpose of responding to questions the Town receives regarding the project construction.
75. PROJECT CONSTRUCTION SUPERVISION: The Contractor shall always provide a qualified supervisor on the job site during construction.
76. PUBLIC WORKS CONSTRUCTION INSPECTION: All work shown on the Improvement Plans shall be inspected to the approval of the Town Engineer. Uninspected work shall be removed as deemed appropriate by the Town Engineer.
77. PROJECT CONSTRUCTION HOURS: Construction activities related to the issuance of any PPW permit shall comply with Town Code Section 16.20.035 which restricts construction to the weekday between 8:00 a.m. and 6:00 p.m. and Saturday 9:00 a.m. to 4:00 p.m. No work shall be done on Sundays or on Town Holidays unless otherwise approved by the Town Engineer. Please note that no work shall be allowed to take place within the Town right-of-way after 5:00 p.m. Monday through Friday. In addition, no work being done under Encroachment Permit may be performed on the weekend unless prior approvals have been granted by the Town Engineer. The Town Engineer may apply additional construction period restrictions, as necessary, to accommodate standard commute traffic along arterial roadways and along school commute routes. Onsite project signage must state the project construction hours. The permitted construction hours may be modified if the Town Engineer finds that the following criteria is met:
a. Permitting extended hours of construction will decrease the total time needed to complete the project without an unreasonable impact to the neighborhood. b. Permitting extended hours of construction is required to accommodate a construction requirement such as a large concrete pour or major road closure. Such a need would be presented by the project's design engineer and require approval of the Town Engineer. c. An emergency situation exists where the construction work is necessary to correct an unsafe or dangerous condition resulting in obvious and eminent peril to public health and safety. If such a condition exists, the Town may waive any of the remaining requirements outlined below.
d. The exemption will not conflict with any other condition of approval required by the Town to mitigate significant environmental impacts.
e. The contractor or property owner will notify residential and commercial occupants of adjacent properties of the modified construction work hours. This notification must be provided three days prior to the start of the extended construction activity. f. The approved hours of construction activity will be posted at the construction site in a place and manner that can be easily viewed by any interested member of the public.
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g. The Town Engineer may revoke the extended work hours at any time if the contractor or owner of the property fails to abide by the conditions of extended work hours or if it is determined that the peace, comfort, and tranquility of the occupants of adjacent residential or commercial properties are impaired because of the location and nature of the construction.
h. The waiver application must be submitted to the PPW Inspector ten (10) working days prior to the requested date of waiver.
78. PROJECT CONSTRUCTION BMPs: All construction activities shall conform to the latest requirements of the CASQA Stormwater Best Management Practices Handbooks for Construction Activities and New Development and Redevelopment, the Town's grading and erosion control ordinances, the project specific temporary erosion control plan, and other generally accepted engineering practices for erosion control as required by the Town Engineer when undertaking construction activities.
79. PROJECT CONSTRUCTION EXCAVATION: The following provisions to control traffic congestion, noise, and dust shall be followed during site excavation, grading, and construction:
a. All construction vehicles should be properly maintained and equipped with exhaust mufflers that meet State standards.
b. Travel speeds on unpaved roads shall be limited to fifteen (15) miles per hour. c. Blowing dust shall be reduced by timing construction activities so that paving and building construction begin as soon as possible after completion of grading, and by landscaping disturbed soils as soon as possible.
d. Water trucks shall be present and in use at the construction site. All portions of the site subject to blowing dust shall be watered as often as deemed necessary by the Town, or a minimum of three times daily, or apply (non-toxic) soil stabilizers on all unpaved access roads, parking areas, and staging areas at construction sites in order to ensure proper control of blowing dust for the duration of the project. e. Watering on public streets and wash down of dirt and debris into storm drain systems is prohibited. Streets will be cleaned by street sweepers or by hand as often as deemed necessary by the PPW Inspector, or at least once a day. Watering associated with onsite construction activity shall take place between the hours of 8 a.m. and 5 p.m. and shall include at least one late-afternoon watering to minimize the effects of blowing dust. Recycled water shall be used for construction watering to manage dust control where possible, as determined by the Town Engineer. Where recycled water is not available potable water shall be used. All potable construction water from fire hydrants shall be coordinated with the San José Water Company.
f. All public streets soiled or littered due to this construction activity shall be cleaned and swept on a daily basis during the workweek to the satisfaction of the Construction Inspector.
g. Construction grading activity shall be discontinued in wind conditions in excess of 25 miles per hour, or that in the opinion of the PPW Inspector cause excessive neighborhood dust problems.
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h. Site dirt shall not be tracked into the public right-of-way and shall be cleaned immediately if tracked into the public right-of-way. Mud, silt, concrete and other construction debris shall not be washed into the Town’s storm drains. i. Construction activities shall be scheduled so that paving and foundation placement begin immediately upon completion of grading operation. j. All aggregate materials transported to and from the site shall be covered in accordance with Section 23114 of the California Vehicle Code during transit to and from the site. k. Prior to issuance of any permit, the Applicant shall submit any applicable pedestrian or traffic detour plans to the satisfaction of the Town Engineer for any lane or sidewalk closures. The temporary traffic control plan shall be prepared by a licensed professional engineer with experience in preparing such plans and in accordance with the requirements of the latest edition of the California Manual on Uniform Traffic Control Devices (MUTCD) and standard construction practices. The Traffic Control Plan shall be approved prior to the commencement of any work within the public right-of-way. l. During construction, the Applicant shall make accessible any or all public and private utilities within the area impacted by construction, as directed by the Town Engineer. m. The minimum soils sampling and testing frequency shall conform to Chapter 8 of the Caltrans Construction Manual. The Applicant shall require the soils engineer submit to daily testing and sampling reports to the Town Engineer.
80. MATERIAL HAULING ROUTE AND PERMIT: For material delivery vehicles equal to, or larger than two-axle, six-tire single unit truck size as defined by FHWA Standards, the Applicant shall submit a truck hauling route that conforms to Town of Los Gatos Standards for approval. Note that the Town requires a Haul Permit be issued for any hauling activities.
The Applicant shall require contractors to prohibit trucks from using “compression release engine brakes” on residential streets. The haul route for this project unless otherwise approved by the Town Engineer, shall be: Kennedy Rd to Los Gatos Blvd to Los GatosSaratoga Rd to Highway 17. A letter from the Applicant confirming the intention to use the designated haul route shall be submitted to the Town Engineer for review and approval prior to the issuance of any Town permits. All material hauling activities including but not limited to, adherence to the approved route, hours of operation, staging of materials, dust control and street maintenance shall be the responsibility of the Applicant. Hauling of soil on- or off-site shall not occur during the morning or evening peak periods (between 7:00 a.m. and 9:00 a.m. and between 4:00 p.m. and 6:00 p.m.), and at other times as specified by the Town Engineer. The Applicant must provide an approved method of cleaning tires and trimming loads on site. All material hauling activities shall be done in accordance with applicable Town ordinances and conditions of approval.
81. PROJECT CLOSE-OUT: Prior to requesting a Final Inspection, the Applicant shall submit to the Town Engineer a letter indicating that all project conditions have been met, and all improvements are complete. All work must be completed to the satisfaction of the Planning Director and Town Engineer prior to the first occupancy. All public improvements, including the complete installation of all improvements relative to streets, fencing, storm drainage, underground utilities, etc., shall be completed and attested to by the Town Engineer before approval of occupancy of any unit. Where facilities of other
ITEM NO. 1.
agencies are involved, including those for water and sanitary sewer services, such installation shall be verified as having been completed and accepted by those agencies. In addition, the Applicant shall submit an itemized final quantities list of all public improvements constructed on-site and within the public right-of-way. The final quantities list shall be prepared by the project engineer and be to the approval of the Town Engineer. The final quantities list shall be broken out into on-site and off-site improvements based on the format provided by the Town. Until such time as all required improvements are fully completed and accepted by Town, the Applicant shall be responsible for the care, maintenance, and any damage to such improvements. Town shall not, nor shall any officer or employee thereof, be liable or responsible for any accident, loss or damage, regardless of cause, happening or occurring to the work or improvements required for this project prior to the completion and acceptance of the work or Improvements. All such risks shall be the responsibility of and are hereby assumed by the Applicant.
82. CONSTRUCTION WORKER PARKING: The Applicant shall provide a Construction Parking Plan that minimizes the effect of construction worker parking in the neighborhood and shall include an estimate of the number of workers that will be present on the site during the various phases of construction and indicate where sufficient off-street parking will be utilized and identify any locations for off-site material deliveries. Said plan shall be approved by the Town Engineer prior to issuance of Town permits and shall be complied with at all times during construction. Failure to enforce the parking plan may result in suspension of the Town permits. No vehicle having a manufacturer's rated gross vehicle weight exceeding ten thousand (10,000) pounds shall be allowed to park on the portion of a street which abuts property in a residential zone without prior approval from the Town Engineer (§15.40.070).
83. SITE WATER DISCHARGE: In accordance with the Town Code, Prohibition of Illegal Discharges (Los Gatos Town Code Section 22.30.015), the Town Engineer may approve in coordination West Valley Sanitation District the discharge of uncontaminated pumped ground waters to the sanitary sewer only when such source is deemed unacceptable by State and Federal authorities for discharge to surface waters of the United States, whether pretreated or untreated, and for which no reasonable alternative method of disposal is available. Following the verification of the applicable local, state and/or federal approvals, a Discharge Plan will be approved and monitored by the Town Engineer.
THE FOLLOWING CONDITIONS SHALL BE COMPLIED WITH AT ALL TIMES THAT THE USE
PERMITTED BY THIS ENTITLEMENT OCCUPIES THE PREMISES
84. POST CONSTRUCTION BEST MANAGEMENT PRACTICES (BMP): Post construction storm water pollution prevention requirements shall include:
a. The Applicant shall be charged the cost of abatement for issues associated with, but not limited to, inspection of the private stormwater facilities, emergency maintenance needed to protect public health or watercourses, and facility replacement or repair if the treatment facility is no longer able to meet performance standards or has
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deteriorated. Any abatement activity performed on the Applicant’s property by Town staff will be charged to the Applicant at the Town’s adopted fully-loaded hourly rates. b. Maintenance of the storm drain inlets “No Dumping – Drains to Bay” plaques to alert the public to the destination of storm water and to prevent direct discharge of pollutants into the storm drain. Template ordering information is available at www.flowstobay.org.
c. All process equipment, oils, fuels, solvents, coolants, fertilizers, pesticides, and similar chemical products, as well as petroleum based wastes, tallow, and grease planned for storage outdoors shall be stored in covered containers at all times. d. All public outdoor spaces and trails shall include installation and upkeep of dog waste stations.
e. Garbage and recycling receptacles and bins shall be designed and maintained with permanent covers to prevent exposure of trash to rain. Trash enclosure drains shall be connected to the sanitary sewer system.
f. It is the responsibility of the property owner(s)/homeowners association to implement a plan for street sweeping of paved private roads and cleaning of all storm drain inlets.
TO THE SATISFACTION OF THE SANTA CLARA COUNTY FIRE DEPARTMENT:
85. 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.
86. NOTE: The subject property is located within the Very High Fire Hazard Severity Zone (VHFHSZ) of the Local Responsibility Area (LRA). Pursuant to California Public Resources Code (PRC) 4290, the California Board of Forestry and Fire Protection is required to “…adopt regulations implementing minimum fire safety standards related to defensible space” applicable to “the perimeters and access to all residential, commercial, and industrial building construction.” In 2018, the Legislature passed and the Governor signed SB 901 (Dodd), which expanded the applicability of the regulations promulgated under PRC 4290 to land in the Local Responsibility Area (LRA) Very High Fire Hazard Severity Zone. All comments below that result from PRC 4290 are identified by **. Where a conflict exists between local & 4290 requirements, the more stringent requirement shall apply. California Code of Regulations, Title 14, Division 1.5, Chapter 7, Subchapter 2, Articles 1-5, § 1273.08.
87. GRADES**: (a) At no point shall the grade for all roads and driveways exceed 16 percent. (b) The grade may exceed 16%, not to exceed 20%, with approval from the local authority having jurisdiction and with mitigations to provide for same practical effect. California Code of Regulations, Title 14, Division 1.5, Chapter 7, Subchapter 2, Articles 1-5, §1273.03.
PRC 4290 request of exception approved #PC 24-4493. A copy of the PRC 4290 request of exception application form, with approval signature shall be made part of the building permit drawing set, to be routed to Santa Clara County Fire Department for final approval.
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88. RADIUS**: (As noted on Sheet A1) (a) No road or road structure shall have a horizontal inside radius of curvature of less than fifty (50) feet. An additional surface width of four (4) feet shall be added to curves of 50 -100 feet radius; two (2) feet to those from 100-200 feet. (b) The length of vertical curves in roadways, exclusive of gutters, ditches, and drainage structures designed to hold or divert water, shall be not less than one hundred (100) feet. California Code of Regulations, Title 14, Division 1.5, Chapter 7, Subchapter 2, Articles 1-5, § 1273.04.
89. TURNAROUND**: (As Noted on Sheet A2) (a) Turnarounds are required on driveways and dead-end roads. (b) The minimum turning radius for a turnaround shall be forty (40) feet, not including parking, in accordance with the figures in 14 CCR §§ 1273.05(e) and 1273.05(f). If a hammerhead/T is used instead, the top of the “T” shall be a minimum of sixty (60) feet in length. (c) Driveways exceeding 150 feet in length, but less than 800 feet in length, shall provide a turnout near the midpoint of the driveway. Where the driveway exceeds 800 feet, turnouts shall be provided no more than 400 feet apart. (d) A turnaround shall be provided on driveways over 300 feet in length and shall be within fifty (50) feet of the building. (d) Each dead-end road shall have a turnaround constructed at its terminus. Where parcels are zoned five (5) acres or larger, turnarounds shall be provided at a maximum of 1,320 foot intervals. (e) Figure A. Turnarounds on roads with two tenfoot traffic lanes. California Code of Regulations, Title 14, Division 1.5, Chapter 7, Subchapter 2, Articles 1-5, § 1273.05.
90. MODIFIED FIRE SPRINKLERS REQUIRED: (As Noted on Sheet A1 and enhanced NFPA 13D will be installed) 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. A copy of the Alternate Means/Methods application PC 24-4493, with approval signature shall be made part of the building permit drawing set, to be routed to Santa Clara County Fire Department for final approval.
91. FIRE DEPARTMENT (ENGINE) DRIVEWAY TURNAROUND REQUIRED: (As Noted on Sheet A2) Provide an approved fire department engine driveway turnaround with a minimum radius of 40 feet outside. Maximum grade in any direction shall be a maximum of 5%.
Installations shall conform with Fire Department Standard Details and Specifications D-1.
CFC Sec. 503.
92. FIRE HYDRANT SYSTEMS REQUIRED: (As Noted on Sheet A1 and private hydrant will be installed) Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, onsite fire hydrants and mains shall be provided where required by the fire code official.
Exception: For Group R-3 and Group U occupancies, equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1, 903.3.1.2 or 903.3.1.3, the distance requirement shall be not more than 600 feet. [CFC, Section 507.5.1]
93. REQUIRED FIRE FLOW: (Letter received) The minimum require fireflow for this project is
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1000 Gallons Per Minute (GPM) at 20 psi residual pressure. This fireflow assumes installation of automatic fire sprinklers per CFC [903.3.1.3]
94. WATER SUPPLY REQUIREMENTS: Potable water supplies shall be protected from contamination caused by fire protection water supplies. It is the responsibility of the applicant and any contractors and subcontractors to contact the water purveyor supplying the site of such project, and to comply with the requirements of that purveyor. Such requirements shall be incorporated into the design of any water-based fire protection systems, and/or fire suppression water supply systems or storage containers that may be physically connected in any manner to an appliance capable of causing contamination of the potable water supply of the purveyor of record. Final approval of the system(s) under consideration will not be granted by this office until compliance with the requirements of the water purveyor of record are documented by that purveyor as having been met by the applicant(s). 2019 CFC Sec. 903.3.5 and Health and Safety Code 13114.7.
95. ADDRESS IDENTIFICATION: New and existing buildings shall have approved address numbers, building numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Where required by the fire code official, address numbers shall be provided in additional approved locations to facilitate emergency response. Address numbers shall be Arabic numbers or alphabetical letters. Numbers shall be a minimum of 6 inches high with a minimum stroke width of 0.5 inch (12.7 mm).
Where access is by means of a private road and the building cannot be viewed from the public way, a monument, pole or other sign or means shall be used to identify the structure. Address numbers shall be maintained. CFC Sec. 505.1.
96. CONSTRUCTION SITE FIRE SAFETY: All construction sites must comply with applicable provisions of the CFC Chapter 33 and our Standard Detail and Specification S1-7. Provide appropriate notations on subsequent plan submittals, as appropriate to the project. CFC Chp. 33.
97. WILDLAND-URBAN INTERFACE: This project is located within the designated WildlandUrban Interface Fire Area. The building construction shall comply with the provisions of California Building Code (CBC) Chapter 7A. Note that vegetation clearance shall be in compliance with CBC Section 701A.3.2.4 prior to project final approval. Check with the Planning Department for related landscape plan requirements.
98. FIRE APPARATUS (ENGINE) ACCESS DRIVEWAY REQUIRED: (As Noted on Geo letter) An access driveway shall be provided having an all-weather surface of either asphalt, concrete or other engineered surface capable of supporting 75,000 pounds and approved by a civil engineer. It shall have a minimum unobstructed width of 12 feet, vertical clearance of 13 feet 6 inches, minimum turning radius of 40 feet outside, and a maximum slope of 15%. Installations shall conform to Fire Department Standard Details and Specifications sheet D-1.
99. 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].
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16497 S Kennedy Rd. – Reply by owner to the appealing parties questions
1. The maximum height of the proposed house is less than allowed within the hillside standards guidelines. The proposed residence isn’t more than 25ft high at any location. And it is not more than 35ft high from the lowest point around the perimeter to the highest ridge line.
2. The bolt in the wall has been addressed. The story pole installer is going to install a metal pole in front of the wall on my property and attach the wire to the pole taking the pressure off the historic wall. I will then have the bolt carefully removed after consulting an engineer.
3. I have never stated the driveway is my driveway or ever told anyone I was going to install a gate and lock. This is an open driveway and has been so since I owned the property. And I am not going to install a gate or lock now.
4. The fire department has made it a requirement to upgrade the road and while this is being done, I will repair the damaged concrete at the bottom of Vivian drive.
5. All trees will be protected by fencing according to the plans and hillside standards and guidelines.
6. All the construction workers will be given appropriate parking instructions, and a sign will also be installed at the upper driveway of the concerned neighbors.
7. The construction workers will keep the jobsite clean and will sweep weekly as requested.
8. The house design meets all the hillside standards and guidelines other than the fire apparatus turnaround. The only exception granted is the fire apparatus turn around which is a hard requirement by Santa Clara County Fire.
9. There is a long 75ft retaining wall being installed to support the driveway which borders both downhill neighbors. Also, the house will be built on piers and not require an additional retaining wall as stated by the person appealing. The new house is all built to the latest structural and geotechnical standards. And the lower level is right down at grade, therefore there is no need for an additional retaining wall.
10. At this point in time it doesn’t appear water tanks will be required. The only reason they would be if there is inadequate water pressure. With the new water lines being installed to supply the fire hydrant we expect water pressure to be an issue.
11. A licensed geotechnical engineer and geologist has been hired, and their formal report will be submitted in mid-May.
12. I spent time with Apoorva and Rohit reviewing their privacy concerns on April 1st, 2025.
During this meeting Rohit and I walked to my property to get the vantage points from each of the three floors. As you can see in the photos provided by the appealing party there is a small opening in the very large oak tree that covers and blocks almost all the vantage points coming from my new proposed residence. I have taken their concerns seriously and have addressed them by reducing the window coverage by 20% percent. I have also removed the balcony coming off the living room/dining room. And I have reduced the other balcony to a minimum size. I also removed one large set of glass doors. And I also reduced the 16’ glass doors to 12’ in the family room. And lastly, I am going to plant native 6’ tall evergreen trees along the entire basement floor which will create privacy for both residences on the bottom of my property and the top of the appealing parties.
13. Photos provided by the appealing party: The photos below show that the appealing parties oak trees block 99% of the orange netting of the story poles.
ATTACHMENT 6 Page 298
ITEM NO. 1.
ITEM NO. 1.
ITEM NO. 1.
ITEM NO. 1.
MSPC MSPC MSPC MSPCMSPC MSPCMSPC MSPC MSPCMSPC A6 1ST FLOOR PLAN 1/4"=1'-0" 0 5 10 15 FAMILY ROOM DINING ROOM LIVING ROOM BUTLER'S PANTRY DECK PANTRY MUDROOM 1/2 BATH 2-CAR GARAGE LAUNDRY ELEVATOR HALL CLO ENTRY COVERED PORCH KITCHEN ELEVATOR 2'-6" 9'-0" 27'-0" 7'-9" 2'-0" 13'-0"
4'-0" 22'-0"
1'-0"
8'-0" 13'-0" 8'-412" 11'-11" 6'-0" 18'-6"
25'-0"
7'-0"
48'-0" 2'-0" 2'-0" 4'-3" SHEETS SHEET OF SCALE: DATE: DRAWN: JOB: PERMIT SET CONSTRUCTION SET PRELIMINARY SET PLAN CHECK SET DESIGN REVIEW SET REVISIONS BY A R C H I T E C T CHRIS SPAULDING (510) 527-5997 FAX (510) 527-5999 BERKELEY CALIFORNIA 94710 801 CAMELIA STREET SUITE E DRAWINGS PREPARED BY LOS GATOS CALIFORNIA CS/DB NICOL 6-6-2024 29
16497 S KENNEDY RD AS NOTED
A PROPOSED NEW HOME FOR
NICOL RESIDENCE 9-18-24 11-18-2024 12-18-2024 12-30-2024 4-30-2025 5'-6" 3'-3"
3'-1112" DECK
30'-0" 15'-112" 20'-612" 27'-812" 15'-8"
25'-2" B B 3'-6" A A C D D D SLOPED CEILING SLOPED CEILING SLOPED CEILING SLOPED CEILING SLOPED CEILING HALL 20'-1014" 1'-6" REDUCE BALCONY REMOVE BALCONY Page 302
ITEM NO. 1.
A8 1A8 12 212, TYPICAL SHEETS SHEET OF SCALE: DATE: DRAWN: JOB: PERMIT SET CONSTRUCTION SET PRELIMINARY SET PLAN CHECK SET DESIGN REVIEW SET REVISIONS BY A R C H I T E C T CHRIS SPAULDING (510) 527-5997 FAX (510) 527-5999 BERKELEY CALIFORNIA 94710 801 CAMELIA STREET SUITE E DRAWINGS PREPARED BY LOS GATOS CALIFORNIA CS/DB NICOL 6-6-2024 29
16497 S KENNEDY RD AS NOTED
A PROPOSED NEW HOME FOR
NICOL RESIDENCE 9-18-24 11-18-2024 12-18-2024 12-30-2024 4-30-2025 10'-0" 9'-0" 9'-0" 1ST FLOOR 539.05' BSMT FLR 528.0' 2ND FLOOR 549.1' SOUTHWEST ELEVATION 1/4"=1'-0" 0 5 10 15 NORTHEAST ELEVATION 1/4"=1'-0" 0 5 10 15 STANDING SEAM METAL ROOFING RECESSED WOOD-CLAD WINDOWS COLOR: DARK BRONZE [E] & [F] 527.3' T.O.W. 539.05' [F] 527.33' [E] 530.5' [E] 529.0' [F] 527.33' [E] & [F] 541.5' [E] & [F] 550.3' 1ST FLOOR 539.05' BSMT FLR 528.0' 2ND FLOOR 549.1' [E] & [F] 549.18' [E] 549.0' [E] 547.0' [F] 548.0' [E] 547.0' [E] & [F] 546.5' PROPOSED MAX. HEIGHT FROM LOWEST POINT @ BUILDING PERIMETER = 34'-8" LOWEST POINT @ PERIMETER 527.0' ALL EXTERIOR WINDOWS SHALL BE TEMPERED GLASS TO REDUCE GLARE 25'-0"
10'-8"
18'-8" FROM FARTHEST POINT
OF DECK TO [E] GRADE
10'-8"
11" (3 FT. MAX.
ALLOWED) WINDOW JAMB 1 NTS 12" PLYWOOD 78" STUCCO 'MARVIN' CLAD WINDOW EXTERIOR (2) 2x6 12" GYP. BOARD INTERIOR (2) 2x4 REFER TO THE BUILDING HEIGHT STUDY ON SHEET A4 FOR EXACT HEIGHTS ABOVE EXISTING GRADE SMOOTH STUCCO SIDING COLOR: SHERMAN WILLIAMS 'CHATURA GRAY' LRV 30 OBSCURE GLASS PREVIOUS GLAZING = 627.75 SQ.FT. PROPOSED REDUCED GLAZING = 498.25 SQ.FT. (OR CHANGED TO OBSCURE GLASS) = 21.4% REDUCTION WINDOWS REDUCED WINDOWS REDUCED WINDOWS REDUCED BALCONY DELETED BALCONY REDUCED WINDOWS REDUCED WINDOWS OBSCURED SCREEN PLANTING Page 303 ITEM NO. 1.
Draft Resolution Adoption Date
DRAFT RESOLUTION
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
DENYING AN APPEAL OF THE DECISION OF THE PLANNING COMMISSION
APPROVAL OF A REQUEST FOR CONSTRUCTION OF A NEW SINGLE-FAMILY
RESIDENCE AND SITE IMPROVEMENTS REQUIRING A GRADING PERMIT ON VACANT PROPERTY ZONED HR-1 AND UPHOLDING THE APPROVAL.
APN 532-17-038
ARCHITECTURE AND SITE APPLICATION: S-24-037
PROPERTY LOCATION: 16497 S. KENNEDY ROAD
APPELLANTS: KENNETH MILLER AND APOORNA BAKSHI
PROPERTY OWNER: ROBERT NICOL
APPLICANT: CHRIS SPAULDING
WHEREAS, on March 26, 2025, the Planning Commission held a public hearing and considered a request to construct a new single-family residence and site improvements requiring a Grading Permit on vacant property zoned HR-1, located at 16497 S. Kennedy Road.
The Planning Commission approved the Architecture and Site application; WHEREAS, on April 3, 2025, the appellants, interested persons, filed a timely appeal of the decision of the Planning Commission approving the request to construct a new single-family residence and site improvements requiring a Grading Permit on vacant property zoned HR-1 located at 16497 S. Kennedy Road;
WHEREAS, this matter came before the Town Council for public hearing on May 13, 2025, and was regularly noticed in conformance with State and Town law; WHEREAS, the Town Council received testimony and documentary evidence from the appellants and all interested persons who wished to testify or submit documents. The Town Council considered all testimony and materials submitted, including the record of the Planning Commission proceedings and the packet of materials contained in the Council Agenda Report for their meeting on May 13, 2025, along with any and all subsequent reports and materials prepared concerning this application; and
WHEREAS, Town Code Sections 29.20.275 and 29.20.295 provide that an appellant bears the burden of proof to demonstrate that there was error or abuse of discretion by the Planning Commission.
NOW, THEREFORE, BE IT RESOLVED:
In accordance with Town Code section 29.20.295, the Town Council finds that:
1. The appellants have not demonstrated that there was error or abuse of discretion by the Planning Commission in approving the Architecture and Site application.
2. The Town Council of the Town of Los Gatos does hereby declare, determine, and order that the following findings and considerations were properly made by the Draft Resolution to be
modified by Town
Council deliberations
and direction.
ATTACHMENT 7
ITEM NO. 1.
Draft Resolution Adoption Date
Planning Commission:
Finding for the California Environmental Quality Act (CEQA):
The project is Categorically Exempt pursuant to the adopted Guidelines for the Implementation of the California Environmental Quality Act, Section 15303: New Construction.
Finding for compliance with the Zoning Regulations:
The project meets the objective standards of Chapter 29 of the Town Code (Zoning Regulations).
Findings for compliance with the Hillside Development Standards and Guidelines:
The project complies with the Hillside Development Standards and Guidelines with the exceptions to grading depths, retaining wall heights, retaining wall length, and buildings located outside of the least restrictive development area because of existing site constraints, including topography and easements.
Findings for compliance with the Hillside Specific Plan:
As required, the project complies with the Hillside Specific Plan.
Considerations required 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.
3. The Planning Commission decision is supported by substantial evidence in the record.
4. The appeal of the decision of the Planning Commission approving a request to construct a new single-family residence and site improvements requiring a Grading Permit on vacant property zoned HR-1, located at 16497 S. Kennedy Road, is denied and the application approval is upheld, subject to the attached Conditions of Approval (Exhibit A).
5. The decision constitutes a final administrative decision pursuant to Code of Civil Procedure section 1094.6 as adopted by section 1.10.085 of the Town Code of the Town of Los Gatos. Any application for judicial relief from this decision must be sought within the time limits and pursuant to the procedures established by Code of Civil Procedure section 1094.6, or such shorter time as required by state and federal Law.
ITEM NO. 1.
Draft Resolution Adoption Date
PASSED AND ADOPTED at a special meeting of the Town Council of the Town of Los Gatos, California, held on the 13th day of May 2025, by the following vote:
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
_______________________________
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
__________________________________
TOWN CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ITEM NO. 1.
TOWN COUNCIL – May 13, 2025
CONDITIONS OF APPROVAL
16497 S. Kennedy Road
Architecture and Site Application S-24-037
Consider a Request for Approval to Construct a New Single-Family Residence and Site Improvements Requiring a Grading Permit on Vacant Property Zoned HR-1. APN 532- 17-038. Categorically Exempt Pursuant to CEQA Guidelines Section 15303: New Construction.
Property Owner: Robert Nicol
Applicant: Chris Spaulding
Project Planner: Jocelyn Shoopman
TO THE SATISFACTION OF THE COMMUNITY DEVELOPMENT DIRECTOR:
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, Development Review Committee, or the Planning Commission depending on the scope of the changes.
2. EXPIRATION: The approval will expire two years from the approval date pursuant to Section 29.20.320 of the Town Code, unless the approval has been vested.
3. LANDSCAPE SCREENING: To the satisfaction of the Community Development Department, the applicant shall meet with the neighbor located at 16515 S. Kennedy Road to select an agreeable tree species and height between the two parties to be planted in order to achieve privacy between the properties, with a preference for native trees per Appendix A of the Hillside Development Standards and Guidelines. Installation of the landscape screening shall be completed prior to occupancy.
4. WINDOWS: To the satisfaction of the Director of the Community Development Department, the applicant shall work with staff to reduce the proposed window heights on the southwest elevation or other methods, such as frosted or clerestory windows for achieving additional privacy, if possible.
5. OUTDOOR DECK: To the satisfaction of the Director of the Community Development Department, the applicant shall work with staff on the removal, reduction, or reorientation of the smaller deck along the southwest elevation.
6. 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.
7. 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.
8. EXISTING TREES: All existing trees shown on the plan and trees required to remain or to ATTACHMENT 7
EXHIBIT A
ITEM NO. 1.
be planted are specific subjects of approval of this plan, and must remain on the site.
9. ARBORIST REQUIREMENTS: The developer shall implement, at their cost, all recommendations identified in the Arborist’s report for the project, on file in the Community Development Department. These recommendations must be incorporated in the building permit plans and completed prior to issuance of a building permit where applicable.
10. TREE FENCING: Protective tree fencing and other protection measures consistent with Section 29.10.1005 of the Town Code 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.
11. TREE STAKING: All newly planted trees shall be double-staked using rubber tree ties.
12. LANDSCAPE SPECIES: All landscape species to be consistent with the Hillside Development Standards and Guidelines.
13. FRONT YARD LANDSCAPE: Prior to issuance of a Certificate of Occupancy the front yard must be landscaped.
14. 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.
15. 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.
16. EXTERIOR COLORS: The exterior colors of all structures shall comply with the Hillside Development Standards & Guidelines.
17. DEED RESTRICTION: Prior to the issuance of a building permit, a deed restriction shall be recorded by the applicant with the Santa Clara County Recorder’s Office that requires all exterior materials be maintained in conformance with the Town’s Hillside Development Standards & Guidelines.
18. MAINTENANCE AGREEMENT: Following the issuance of a certificate of occupancy, the property owner shall execute a five-year maintenance agreement with the Town that the property owner agrees to protect and maintain the trees shown to remain on the approved plans, trees planted as part of the tree replacement requirements, and guarantees that said trees will always be in a healthy condition during the term of the maintenance agreement.
19. NESTING BIRDS: To avoid impacts to nesting birds, the removal of trees and shrubs shall be minimized to the greatest extent feasible. Construction activities that include any tree removal, pruning, grading, grubbing, or demolition shall be conducted outside of the bird nesting season (January 15 through September 15) to the greatest extent feasible. If this type of construction starts, if work is scheduled to start or if work already occurring during the nesting season stops for at least two weeks and is scheduled to resume during the bird nesting season, then a qualified biologist shall conduct a pre-construction surveys for nesting birds to ensure that no nests would be disturbed during project construction. If project-related work is scheduled during the nesting season (February 15 to August 30 for
ITEM NO. 1.
small bird species such as passerines; January 15 to September 15 for owls; and February 15 to September 15 for other raptors), a qualified biologist shall conduct nesting bird surveys. Two surveys for active nests of such birds shall occur within 14 days prior to start of construction, with the second survey conducted with 48 hours prior to start of construction. Appropriate minimum survey radius surrounding each work area is typically 250 feet for passerines, 500 feet for smaller raptors, and 1,000 feet for larger raptors.
Surveys shall be conducted at the appropriate times of day to observe nesting activities. If the qualified biologist documents active nests within the project site or in nearby surrounding areas, an appropriate buffer between each nest and active construction shall be established. The buffer shall be clearly marked and maintained until the young have fledged and are foraging independently. Prior to construction, the qualified biologist shall conduct baseline monitoring of each nest to characterize “normal” bird behavior and establish a buffer distance, which allows the birds to exhibit normal behavior. The qualified biologist shall monitor the nesting birds daily during construction activities and increase the buffer if birds show signs of unusual or distressed behavior (e.g. defensive flights and vocalizations, standing up from a brooding position, and/or flying away from the nest). If buffer establishment is not possible, the qualified biologist or construction foreman shall have the authority to cease all construction work in the area until the young have fledged and the nest is no longer active.
20. SPECIAL-STATUS BATS: Approximately 14 days prior to tree removal or structure demolition activities, a qualified biologist shall conduct a habitat assessment for bats and potential roosting sites in trees to be removed, in trees within 50 feet of the development footprint, and within and surrounding any structures that may be disturbed by the project. These surveys will include a visual inspection of potential roosting features (bats need not be present) and a search for presence of guano within the project site, construction access routes, and 50 feet around these areas. Cavities, crevices, exfoliating bark, and bark fissures that could provide suitable potential nest or roost habitat for bats shall be surveyed. Assumptions can be made on what species is present due to observed visual characteristics along with habitat use, or the bats can be identified to the species level with the use of a bat echolocation detector such as an “Anabat” unit. Potential roosting features found during the survey shall be flagged or marked.
If no roosting sites or bats are found, a letter report confirming absence will be prepared and no further measures are required.
If bats or roosting sites are found, a letter report and supplemental documents will be prepared prior to grading permit issuance and the following monitoring, exclusion, and habitat replacement measures will be implemented:
a. If bats are found roosting outside of the nursery season (May 1 through October 1), they will be evicted as described under (b) below. If bats are found roosting during the nursery season, they will be monitored to determine if the roost site is a maternal roost. This could occur by either visual inspection of the roost bat pups, if possible, or by monitoring the roost after the adults leave for the night to listen for bat pups. If the roost is determined to not be a maternal roost, then the bats will be evicted as
ITEM NO. 1.
described under (b) below. Because bat pups cannot leave the roost until they are mature enough, eviction of a maternal roost cannot occur during the nursery season.
Therefore, if a maternal roost is present, a 50-foot buffer zone (or different size if determined in consultation with the CDFW) will be established around the roosting site within which no construction activities including tree removal or structure disturbance will occur until after the nursery season.
b. If a non-breeding bat hibernaculum is found in a tree or snag scheduled for removal or on any structures scheduled to be disturbed by project activities, the individuals will be safely evicted, under the direction of a qualified bat biologist. If pre-construction surveys determine that there are bats present in any trees to be removed, exclusion structures (e.g. one-way doors or similar methods) shall be installed by a qualified biologist. The exclusion structures shall not be placed until the time of year in which young are able to fly, outside of the nursery season. Information on placement of exclusion structures shall be provided to the CDFW prior to construction.
If needed, other methods conducted under the direction of a qualified bat biologist could include: carefully opening the roosting area in a tree or snag by hand to expose the cavity and opening doors/windows on structures, or creating openings in walls to allow light into the structures. Removal of any trees or snags and disturbance of any structures will be conducted no earlier than the following day (i.e., at least one night will be provided between initial roost eviction disturbance and tree removal/structure disturbance). This action will allow bats to leave during dark hours, which increases their chance of finding new roosts with a minimum of potential predation.
21. ARCHAEOLOGICAL RESOURCES AND HUMAN REMAINS:
a. In the event that archaeological traces are encountered, all construction within a 50- meter radius of the find will be halted, the Community Development Director will be notified, and an archaeologist will be retained to examine the find and make appropriate recommendations.
b. If human remains are discovered, the Santa Clara County Coroner will be notified. The Coroner will determine whether or not the remains are Native American. If the Coroner determines the remains are not subject to his authority, he will notify the Native American Heritage Commission, who shall attempt to identify descendants of the deceased Native Americans.
c. If the Community Development Director finds that the archaeological find is not a significant resource, work will resume only after the submittal of a preliminary archaeological report and after provisions for reburial and ongoing monitoring are accepted. Provisions for identifying descendants of a deceased Native American and for reburial will follow the protocol set forth in CEQA Guidelines Section 15064.5( e). If the site is found to be a significant archaeological site, a mitigation program will be prepared and submitted to the Community Development Director for consideration and approval, in conformance with the protocol set forth in Public Resources Code Section 21083.2.
d. A final report shall be prepared when a find is determined to be a significant archaeological site, and/or when Native American remains are found on the site. The
ITEM NO. 1.
final report will include background information on the completed work, a description and list of identified resources, the disposition and curation of these resources, any testing, other recovered information, and conclusions.
22. DUSKY-FOOTED WOODRATS: This project will implement the following standard measures to minimize impacts on woodrats and active woodrat nests on the project site. a. PRECONSTRUCTION SURVEY. A qualified biologist will conduct a preconstruction survey for San Francisco dusky-footed woodrat nests within 30 days of the start of work activities. If active woodrat nests are determined to be present in, or within 10 feet of the impact areas, the conditions below (Avoidance and/or Nest Relocation) will be implemented, as appropriate. If no active woodrat nests are present on or within 10 feet of impact areas, no further conditions are warranted. b. AVOIDANCE. Active woodrat nests that are detected within the work area will be avoided to the extend feasible. Ideally, a minimum 10-foot buffer will be maintained between project activities and woodrat nests to avoid disturbance. In some situations, a small buffer may be allowed if, in the opinion of a qualified biologist, nest relocation (below) would represent a greater disturbance to the woodrats than the adjacent work activities.
c. NEST RELOCATION. If avoidance of active woodrat nests within and immediately adjacent to (within 10 feet of) the work areas is not feasible, then nest materials will be relocated to suitable habitat as close to the project site as possible (ideally, within or immediately adjacent to the project site).
Relocation efforts will avoid the peak nesting season (February-July) to the maximum extent feasible. Prior to the start of construction activities, a qualified biologist will disturb the woodrat nest to the degree that all woodrats leave the nest and seek refuge outside of the construction area. Disturbance of the woodrat nest will be initiated no earlier than one hour before dusk to prevent the exposure of woodrats to diurnal predators. Subsequently, the biologist will dismantle and relocate the nest material by hand. During the deconstruction process, the biologist will attempt to assess if there are juveniles in the nest. If immobile juveniles are observed, the deconstruction process will be discontinued until a time when the biologist believes the juveniles will be capable of independent survival (typically after 2 to 3 weeks). A no-disturbance buffer will be established around the nest until the juveniles are mobile. The nest may be dismantled once the biologist has determined that adverse impacts on the juveniles would not occur.
23. 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)
ITEM NO. 1.
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.
24. COMPLIANCE MEMORANDUM: A memorandum shall be prepared and submitted with the building plans detailing how the Conditions of Approval will be addressed.
Building Division
25. 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 required by the California Energy Code.
26. 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.
27. 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.
28. BUILDING & SUITE NUMBERS: Submit requests for new building addresses to the Building Division prior to submitting for the building permit application process.
29. SIZE OF PLANS: Minimum size 24” x 36”, maximum size 30” x 42”.
30. 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.
31. 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.
32. 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
ITEM NO. 1.
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
33. TITLE 24 ENERGY COMPLIANCE: All required California Title 24 Energy Compliance Forms must be directly printed onto a plan sheet.
34. 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.
35. BACKWATER VALVE: The scope of this project may require the installation of a sanitary sewer backwater valve per Town Ordinance 6.40.020. 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.
36. HAZARDOUS FIRE ZONE: All projects in the Town of Los Gatos require Class A roof assemblies.
37. WILDLAND-URBAN INTERFACE: This project is located in a Wildland-Urban Interface High Fire Area and must comply with Section R337 of the 2022 California Residential Code, Public Resources Code 4291 and California Government Code Section 51182.
38. PROVIDE DEFENSIBLE SPACE/FIRE BREAK LANDSCAPING PLAN: Prepared by a California licensed Landscape Architect in conformance with California Public Resources Code 4291 and California Government Code Section 51182.
39. PRIOR TO FINAL INSPECTION: Provide a letter from a California licensed Landscape Architect certifying the landscaping and vegetation clearance requirements have been completed per the California Public Resources Code 4291 and Government Code Section 51182.
40. 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.
41. 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
ITEM NO. 1.
part of the plan submittal as the second page. The specification sheet is available online at www.losgatosca.gov/building.
42. 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
THE FOLLOWING CONDITIONS SHALL BE ADDRESSED OR NOTED ON THE CONSTRUCTION
PLANS SUBMITTED FOR ANY BUILDING OR GRADING PERMIT, OR IF ANOTHER DEADLINE IS SPECIFIED IN A CONDITION, AT THAT TIME.
43. PAYMENT OF PARKS AND PUBLIC WORKS (“PPW”) ENGINEERING PLAN CHECK FEE AND INSPECTION FEE: At the time of the first construction submittal, the Applicant shall submit to the Town Engineer for approval a detailed construction project cost estimate prepared and stamped by the Applicant’s civil engineer. The cost estimate shall break out on-site and off-site improvements separately. This cost estimate will be used to determine the Engineering Plan Check Fee. A final construction cost estimate shall be provided once the project plans are approved. This cost estimate will be used to determine the Engineering Inspection Fee. The Engineering Inspection Fee must be paid prior to the issuance of any construction related permit.
44. STORM DRAINAGE FEE: The Applicant shall pay Storm Drainage Fees in accordance with the Town’s Adopted Schedule of Fees and Charges in effect at the date of application for the future construction of drainage facilities serving new buildings, improvements, or structures to be constructed which substantially impair the perviousness of the surface of land. The estimated fee, based on the site area of 4.28 acres, is $5,041.00. This fee is only an estimate. The actual impact fee will be calculated based on building permit plans submitted, and the fees approved by the Town Council in place at the time of the building permit submittal. The Applicant shall pay this fee to PPW prior to issuance of the first building permit.
45. TRAFFIC IMPACT FEES: The project is subject to the Town’s Traffic Impact Fee for the generation of an estimated 9.43 net new average daily trips based on the Institute of Transportation Engineers recommendations for trip generation. The Town’s Fee Schedule currently in effect indicates a fee of $1,104 per additional average daily trip. This results in an estimated total amount due of $10,410.72. The actual fee due will be based on the fee schedule adopted at the time the fee is paid. Payment of this Impact Fee is required prior to the issuance of the first building permit issuance.
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46. CONSTRUCTION ACTITIVITIES MITIGATION FEE (ORDINANCE 2189): Per the Town’s Comprehensive Fee Schedule, the project is subject to the Town’s Construction Activities Mitigation Fee based on the square footage of new buildings. The fee is $1.43 per square foot of new residential and non-residential building area. The fee shall be calculated based on the square footage total for all units shown on the construction plans to the approval of the Town Engineer. The plans indicate 5,074.3 SF of total square footage of the proposed new building. This results in an estimated total amount due of $7,256.25.
Payment of this fee shall pe paid prior to issuance of the first building permit.
47. GRADING PERMIT: A grading permit is required for all site grading and drainage work that is outside the perimeter of a building, retaining wall footing, or other structure authorized by a valid building permit. The Applicant must submit a grading permit application after the appeal period of the entitlement approval process has passed. Submittals are accepted through Accela only. The grading permit application shall include detailed grading plans and associated required materials. Plan check fees are based on the scope of onsite work. Prior to approval of the grading permit, the Applicant shall pay all fees due and provide faithful performance and payment securities for the performance of the work described and delineated on the approved grading plan, final erosion and sedimentation control plan, and interim erosion and sedimentation control plan (if required), in an amount to be set by the Town Engineer (but not to exceed one hundred (100) percent) of the approved estimated cost of the grading and erosion and sedimentation control measures. The form of security shall be one or a combination of the following to be determined by the Town Engineer and subject to the approval of the Town Attorney: (1) Bond or bonds issued by one or more duly authorized corporate sureties on a form approved by the Town; (2) Deposit with the Town, money, or negotiable bonds of the kind approved for securing deposits of public monies; or (3) other instrument of credit from one or more financial institutions subject to regulation by the State or Federal Government wherein such financial institution pledges funds are on deposit and guaranteed for payment. The grading permit shall be issued prior to the issuance of the building permit unless otherwise allowed by the Town Engineer. The permit shall be limited to work shown on the grading plans approved by the Town Engineer. In granting a permit, the Town Engineer may impose any condition deemed necessary to protect the health, safety, and welfare of the public, to prevent the creation of a nuisance or hazard to public or private property, and to assure proper completion of the grading including but not limited to: (1) Mitigation of adverse environmental impacts; (2) Improvement of any existing grading or correction of any existing grading violation to comply with Town Code; (3) Requirements for fencing or other protection of grading which would otherwise be hazardous; (4) Requirements for dust, erosion, sediment, and noise control, hours of operation and season of work, weather conditions, sequence of work, access roads, and haul routes; (5) Requirements for safeguarding watercourses from excessive deposition of sediment or debris in quantities exceeding natural levels; (6) Assurance that the land area in which grading is proposed and for which habitable structures are proposed is not subject to hazards of land slippage or significant settlement or erosion and that the hazards of seismic activity or flooding can be eliminated or adequately reduced; (7) Temporary and permanent landscape plans.
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48. PUBLIC IMPROVEMENTS: Prior to the issuance of any building permit and prior to any work being done in the Town's right of way, the Applicant must submit Public Improvement Plans for review and approval. All public improvements shall be made according to the Town’s latest adopted Standard Plans, Standard Specifications, and Engineering Design Standards. The Applicant is required to confirm the location of existing utility lines along the project frontage by potholing. Prior to any potholing, Applicant shall submit an Encroachment Permit application with a pothole plan for Town review and approval. The Applicant shall provide the pothole results to the Town Engineer prior to final design. All existing public utilities shall be protected in place and, if necessary, relocated as approved by the Town Engineer. No private facilities are permitted within the Town right of way or within any easement unless otherwise approved by the Town Engineer. The Applicant shall have Public Improvement Plans prepared, stamped, and signed by a California licensed civil engineer.
a. Once the Public Improvement Plans have been approved, the Applicant shall submit an application for an Encroachment Permit. The Encroachment Permit requires the Applicant to post the required bonds and insurance and provide a one (1) year warranty for all work to be done in the Town's right of way or Town easement. New concrete shall be free of stamps, logos, names, graffiti, etc. Any new concrete installed that is damaged shall be removed and replaced at the Contractor’s sole expense. Prior to issuance of the encroachment permit, the Applicant shall submit a temporary traffic control plan (“TTCP”) inclusive of all modes of travel for any lane or sidewalk closures.
Special provisions such as limitations on works hours, protective enclosures, or other means to facilitate public access in a safe manner may be required. The TTCP shall comply with the State of California Manual of Uniform Traffic Control Devices (“MUTCD”) and standard construction practices.
b. The project engineer shall notify the Town Engineer in writing of any proposed changes.
Any proposed changes to the approved plans shall be subject to the approval of the Town. The Applicant shall not commence any work deviating from the approved plans until such deviations are approved. Any approved and constructed changes shall be incorporated into the final “as-built” plans.
c. Right-of-way improvements shall include, at a minimum, the following items:
i. STREET WIDENING - The Applicant shall widen Vivian Drive as conceptually shown on the approved entitlement plans and ultimately as approved by the Town Engineer.
ii. STREET MARKINGS - The Applicant shall install necessary street markings of a material and design approved by the Town Engineer and replace any that are damaged during construction. These include but are not limited to all pavement markings, painted curbs, and handicap markings. All permanent pavement markings shall be thermoplastic and comply with Caltrans Standards. Color and location of painted curbs shall be shown on the plans and are subject to approval by the Town Engineer. Any existing painted curb or pavement markings no longer required shall be removed by grinding if thermoplastic, or sand blasting if in paint. iii. SEWER CLEAN-OUT - The Applicant shall install a sewer lateral clean-out on private property just behind the property line in accordance with the West Valley
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Sanitation District standards. Sewer clean-out(s) shall be constructed prior to occupancy of the first building.
iv. WATER METER - The Applicant shall install the water meter on private property just behind the property line in accordance with the San Jose Water Company standards. Water meters shall be installed prior to occupancy of the first building.
49. TREE REMOVAL PERMIT: The Applicant shall apply and obtain a Tree Removal Permit from the Parks and Public Works Department for the removal of existing trees on-site or in the public right-of-way prior to the issuance of a building permit or demolition building permit, whichever is issued first. Tree removals shall be consistent with the arborist report and approved entitlement plans.
50. CONSTRUCTION PHASE PLAN SUBMITTAL REQUIREMENTS: The Grading Permit Plans and Public Improvement Plans (together referred to as “Improvement Plans”) shall be submitted as a set to Parks and Public Works Department along with a title report dated no older than 30 days from the date the Improvement Plans are submitted. The Improvement Plans shall be submitted at the same time as the Building Plans are submitted to the Building Department. All improvements shall be designed and constructed in accordance with Federal law, State law, Los Gatos Town Code, and the Los Gatos Standard Specifications and Details.
a. Construction drawings shall comply with Section 1 (Construction Plan Requirements) of the Town’s Engineering Design Standards, which are available for download from the Town’s website. The Improvement Plans shall include:
b. A cover sheet with at least the proposed development vicinity map showing nearby and adjacent major streets and landmarks, property address, APN, scope of work, project manager and property owner, a “Table of Responsibilities” summarizing ownership, access rights, and maintenance responsibilities for each facility (streets, utilities, parks, landscaping, etc.), a sheet index including a sequential numeric page number for each sheet (i.e. “Sheet 1 of 54”), the lot size, required and proposed lot setbacks by type, proposed floor areas by type for each building, average slope, proposed maximum height, and required and proposed parking count and type. c. The Approved Conditions of Approval printed within the plan set starting on the second sheet of the plan set.
d. An Existing Site Plan showing existing topography, bearing and distance information for all rights-of-way, easements, and boundaries, any existing easements proposed to be quit-claimed, existing hardscape, existing above ground utility features, and existing structures. The Improvement Plans shall identify the vertical elevation datum, date of survey, and surveyor responsible for the data presented. e. A Proposed Site Plan showing proposed topography, boundaries, proposed and existing to remain easements, hardscape, above ground utility features (hydrants, transformers, control cabinets, communication nodes, etc.), and structures. Include top and bottom elevations of every inflection point of each wall. Show proposed public right-of-way improvements. Distinguish proposed linework from existing linework using heavier line type for proposed.
f. A Grading and Drainage Plan clearly showing existing onsite and adjacent topography using labeled contour lines, drainage direction arrows with slope value, and break lines.