ITEM NO. 17.
Persons wishing to protest the proposed assessment report and/or collection of assessment charges may do so by mailing the protest to the Town Clerk 110 E. Main Street, Los Gatos, CA 95030; emailing to the Town Clerk - [email protected], or attending the public hearing by teleconference and speaking. Any written protest must be received by the Town Clerk no later than 11:00 a.m. on August 5, 2025, as described above. Protests must identify the grounds for the protest, the person filing the protest, and the property owned by the person filing the protest.
All INTERESTED PERSONS are encouraged to appear at the Public Hearing and be heard. If anyone wishes to challenge the action on the above application in court, they may be limited to raising only those issues they or anyone else raised at the Public Hearing described in this notice, or in written correspondence delivered to the Town Council at, or prior to, the Public Hearing. Deadline for all written correspondence is 11:00 a.m. the day of the meeting.
Sincerely,
Stefanie Hockemeyer
Project Manager, Parks and Public Works
Stefanie Hockemeyer
ITEM NO. 17.
APN TAXROLL AMT
831 POLLARD 406-26-011 $105.00
CALLE MARGUERITA 409-04-049 $105.00
CALLE MARGUERITA 409-04-052 $3,082.10
WEDGEWOOD 409-08-001 $4,400.00
17351 WEDGEWOOD 409-14-017 $105.00
14344 LA RINCINADA 409-14-019 $105.00
14330 LA RINCINADA 409-14-020 $105.00
14341 BROWNS 409-14-035 $105.00
14329 MULBERRY 409-15-021 $105.00
17631 WEDGEWOOD 409-17-010 $105.00
103 SPORLEDER 409-24-035 $105.00
109 SPORLEDER 409-24-036 $105.00
110 SPORLEDER 409-24-037 $105.00
104 SPORLEDER 409-24-038 $105.00
14810 CLARA 409-25-030 $702.00
14821 GOLF LINKS 409-27-005 $756.00
14885 LA RINCINADA 409-32-004 $105.00
14635 GOLF LINKS 409-46-025 $105.00
215 DRAKES BAY 421-27-018 $105.00
16245 BURTON 424-06-115 $105.00
BURTON 424-06-116 $105.00
14823 LOS GATOS 424-07-065 $105.00
14990 TERRENO DE FLORES 424-10-004 $105.00
14926 LOS GATOS 424-10-009 $105.00
14911 NATIONAL 424-10-058 $105.00
142 LESTER 424-13-061 $807.00
16171 SUN RAY 424-19-070 $105.00
15710 WINCHESTER 424-27-013 $105.00
17094 SUMMIT 424-30-037 $105.00
WOOD 510-46-006 $105.00
WOOD 510-46-007 $105.00
110 WOOD 510-47-038 $210.00
138 WOOD 510-47-044 $105.00
148 HILLBROOK 523-11-018 $105.00
120 HILLBROOK 523-11-025 $105.00
15839 DEL CERRO 523-24-036 $105.00
UNION 523-42-011 $105.00
72 DRYSDALE 527-02-007 $210.00
101 DRYSDALE 527-04-008 $105.00
15777 SHADY 527-05-005 $105.00
CAMINO DEL CERRO 527-08-001 $105.00
CAMINO DEL CERRO 527-08-002 $105.00
16065 CAMINO DEL CERRO 527-08-003 $105.00
16045 CAMINO DEL CERRO 527-08-009 $105.00
SITUS
2025 WEED ABATEMENT PROGRAM
ASSESSMENT REPORT
TOWN OF LOS GATOS
ITEM NO. 17.
16300 GREENRIDGE 527-12-003 $105.00
16084 GREENRIDGE 527-15-002 $105.00
LARGA VISTA 527-16-013 $105.00
401 SURMONT 527-20-002 $105.00
14510 BLOSSOM HILL 527-23-027 $105.00
110 BELVALE 527-30-020 $105.00
125 BELVALE 527-30-028 $210.00
175 BELWOOD 527-30-032 $210.00
14841 BLOSSOM HILL 527-42-003 $105.00
310 SANTA ROSA 527-55-036 $105.00
615 BLOSSOM HILL 529-16-026 $105.00
17045 PINE 529-20-011 $105.00
BELLA VISTA 529-23-015 $105.00
401 ALBERTO 529-23-018 $1,353.00
BELLA VISTA 529-23-021 $105.00
BELLA VISTA 529-23-022 $105.00
30 RESERVOIR 529-29-066 $210.00
39 RESERVOIR 529-33-022 $756.00
63 HIGHLAND 529-36-044 $105.00
140 FOSTER 529-37-015 $2,400.23
TOURNEY 529-39-047 $651.00
16461 KENNEDY 532-17-027 $105.00
16481 KENNEDY 532-17-028 $651.00
150 BROOKE ACRES 532-18-039 $651.00
17511 PHILLIPS 532-39-009 $651.00
17435 PHILLIPS 532-39-013 $105.00
15310 KENNEDY 537-15-001 $105.00
233 FORRESTER 537-21-010 $210.00
135 WOODED VIEW 537-23-042 $105.00
15876 SHANNON 537-26-009 $105.00
15780 SHANNON 537-26-016 $105.00
15760 SHANNON 537-26-018 $105.00
209 FORRESTER 537-28-005 $105.00
15975 CERRO VISTA 537-30-007 $105.00
16380 HARWOOD 567-18-068 $105.00
16220 HARWOOD 567-18-076 $105.00
104 ALMOND BLOSSOM 567-18-077 $105.00
ITEM NO. 17.
From: Sundar
To: Clerk; Clerk
Cc: Meredith Johnston
Subject: Re: Mulberry Drive - Protest Against Inclusion in Weed Abatement Program Date: Tuesday, July 29, 2025 8:51:17 AM
Attachments: image002.png
[EXTERNAL SENDER]
Hello,
Good morning.
I am writing in reference to the notice I received again this year regarding the inclusion of my property at Mulberry Dr. in the Weed Abatement Program.
I respectfully disagree with the continued inclusion of my property in this program, especially considering that the original concern stemmed from a one-time issue more than a year ago. At that time, for a few months I was not visiting the property as I was busy focusing on my job search, but since then the property was undergoing a remodel, and I had submitted supporting documentation, including photos of the driveway under construction. Despite my protest, my request was denied, and I was charged.
Since then, significant improvements have been made. The dirt driveway has been fully upgraded with pavers, and the weed abatement team, can attest to the fact that they there were no weeds present and acknowledge the progress on the driveway, during their most recent inspection as well as the last year inspection.
Given these facts and the improved, well-maintained condition of the property since last year, I kindly request that Mulberry Dr. be removed from the weed abatement program moving forward.
Thank you for your attention to this matter. Please feel free to contact me if you need any additional information or updated photos.
Regards,
Sundar
On Tuesday, August 6, 2024 at 08:50:47 AM PDT, Clerk <[email protected]> wrote:
Cc: Parks and Public Works Administrative Technician
Good morning,
ITEM NO. 17.
Thank you for your e-mail received by the Town Clerk. Your communication will be provided to the Town Council and posted to the public agenda in a Desk Item today, August 6, 2024.
Once again thank you for contacting the Town of Los Gatos.
Sincerely,
Jenna De Long, CMC, CPMC (She/Hers)
Deputy Clerk
110 E Main Street, Los Gatos CA 95030
Phone: 408.399.5730 ● Fax: 408.399.5786
www.losgatosca.gov ● [email protected]
Please consider the environment before printing this
email.
The information contained in this email pertains to Town business and is intended solely for the use of the individual or entity to whom it is addressed. If the reader of this message is not an intended recipient, or the employee or agent responsible for delivering the message to the intended recipient, and you have received this message in error, please advise the sender by reply email or phone and delete the message. Please note that email correspondence with the Town of Los Gatos, along with attachments, may be subject to the California Public Records Act, and therefore may be subject to disclosure unless otherwise exempt by law.
From: Sundar
Sent: Tuesday, August 6, 2024 7:29 AM
To: Clerk <[email protected]>
Subject: Re: Mulberry Drive - Protest Against Inclusion in Weed Abatement Program
[EXTERNAL SENDER]
Hello,
Based on the call I had with the SCC Country Weed Abatement team and Los Gatos PPW team, I want to emphasize and also add a couple of additional points to consider here.
ITEM NO. 17.
1. It is claimed that multiple mails have been sent in this regard to me, but I have so far gotten only 2 mails on this subject. One in May of 2023, after which I immediately cleared the driveway and the second one recently after which I am writing this protest letter. Looks like I should have gotten a warning letter earlier, giving me time to clear the weeds by myself, which I haven't gotten and also another mail "Notice to Destroy Weeds, with a blue reply form" in the beginning of 2024 , which was also not received.
2. As I mentioned before, the driveway was cleared immediately after learning of this issue and has been maintained as such since then. The team performed another inspection before a couple of weeks and didn't find any weeds.
3. We are currently in the process of remodel and the driveway would also be levelled and compacted as part of that.
4. Attaching the latest pic of the property for your reference.
Thanks.
Regards,
Sundar
ITEM NO. 17.
On Friday, August 2, 2024 at 09:19:35 AM PDT, Sundar wrote:
ITEM NO. 17.
Dear Wendy Wood,
I hope this email finds you well. I am writing to formally protest the inclusion of my property, located at Mulberry Drive Los Gatos, 95032 in the town's weed abatement program.
Firstly, I was not aware of the existence of such a program until I received a letter from Santa Clara county weed abatement in May 2023, after they had flagged my property. I did not receive any prior warning or notice to clear weeds as mentioned in the town's notice. Immediately after received the letter, I reached out to the SCCWeed Abatement team and I was told that I need to wait for the Town's meeting to protest the inclusion.
I believe there has been a misunderstanding regarding the condition and maintenance of my property, and I would like to provide some context to clarify the situation.
In April 2023, the county weed abatement team took a picture of my property when I was in the process of obtaining a new construction permit for the said property. I have been regularly maintaining the property free from weeds and had just cleared in March 2023, but due to the showers in March and April, the weeds had regrown by the time the picture was taken in April.
Additionally, this was an unfortunate timing as well, as I was also affected by a job loss last year and was deeply involved in job search activities. Despite the unfortunate timing, I cleared the weeds right away after coming to know of such a program, but I had to wait for this meeting / notice to officially protest, as per the SCC Abatement team.
Since then, the property has been diligently maintained and kept free of weeds. Additionally, I am currently in the process of getting a remodel permit and plan to lay a new driveway in the coming months, which will further improve the property's upkeep and appearance.
Given these circumstances, I kindly request that the town consider this as a one-time issue and exclude my property from the weed abatement program. I assure you that I am committed to maintaining the property in accordance with town regulations and standards moving forward.
Thank you for your understanding and consideration. I look forward to your favorable response.
Sincerely,
Sundar Swaminathan
ITEM NO. 17.
From: Iosilevsky, Garik <[email protected]> Sent: Tuesday, July 29, 2025 12:31 PM
To: Stefanie Hockemeyer <[email protected]>
Subject: RE: Mulberry Drive - Protest Against Inclusion in Weed Abatement Program Hi Stefanie,
Thanks for forwarding this to me. I do not see any correspondence in our general email inbox with . I would like to point out that they are asking to be excluded from the program, while the upcoming meeting is only to appeal any fees for 2025. If they wish to appeal being on the program, they will need to appeal at the meeting which will take place in early 2026. I will also note that this property has passed the inspection for the last 2 years. If they remain on the program for one more year and pass the inspection, they will be removed from the list starting in 2027.
I will be at the meeting on 8/5. I will see you there.
Thank You,
Garik
Garik Iosilevsky
Weed Abatement Manager
County of Santa Clara
Consumer and Environmental Protection Agency
office: (408)282-3186
email: [email protected]
ATTACHMENT 6
ITEM NO. 17.
PREPARED BY: Sean Mullin, AICP
Planning Manager
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, and Community Development Director
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 08/05/2025
ITEM NO: 18
DATE: July 31, 2025
TO: Mayor and Town Council
FROM: Chris Constantin, Town Manager
SUBJECT: Consider an Appeal of a Planning Commission Decision to Approve Construction of a New Single-Family Residence with Reduced Rear Yard Setbacks, Site Improvements Requiring a Grading Permit, and Removal of Large Protected Trees on Vacant Property Zoned R-1:20. Located at 45 Reservoir Road. APN 529-33-054. Architecture and Site Application S-22-048. Categorically Exempt Pursuant to CEQA Guidelines Section 15303:
New Construction or Conversion of Small Structures. Property Owner:
Farnaz Agahian. Applicant: Gary Kohlsaat, Architect. Project Planner: Sean Mullin.
RECOMMENDATION: Adopt a resolution (Attachment 10) denying an appeal of a Planning Commission decision to approve a request to construct a new single-family residence with reduced rear yard setbacks, site improvements requiring a Grading Permit, and removal of large protected trees on vacant property zoned R-1:20, located at 45 Reservoir Road.
FISCAL IMPACT:
Not applicable. Considering approval or denial of an appeal does not in itself result in an additional cost. Depending on the action taken, additional cost my incur.
STRATEGIC PRIORITIES:
Not applicable.
ITEM NO. 18.
PAGE 2 OF 8
SUBJECT: 45 Reservoir Road/S-22-048
DATE: July 31, 2025
BACKGROUND:
The subject property is located east of Reservoir Road and accessed via a private road serving several lots between Reservoir Road and Rogers Street (Attachment 1, Exhibit 1). The subject property is undeveloped and approximately 0.23 acres (10,000 square feet) with an average slope of 28 percent. In 2015, the Town issued Certificates of Compliance for six lots and approved a lot merger to combine the six lots into three lots. The three separate lots include 55 and 60 Rogers Street, and the subject property at 45 Reservoir. The subject property is zoned R-1:20 and nonconforming as to size and width.
On November 17, 2022, the applicant submitted an Architecture and Site application for the construction of a two-story single-family residence with a cellar and associated site grading on the subject vacant property.
On January 8, 2025, the Planning Commission considered the application, including written and verbal public comments, and approved the request.
On January 17, 2025, the decision of the Planning Commission was appealed to the Town Council by an interested person, Mary J. Vidovich, property owner of 47 Reservoir Road. On the appeal form, the appellant indicated that there was an error or abuse of discretion by the Planning Commission.
On March 4, 2025, the Town Council discussed the item and received public testimony (Attachment 1, Exhibits 4 through 7). The Town Council directed staff to prepare a resolution granting the appeal of a decision of the Planning Commission, and remanding the application back to the Planning Commission with specific direction, including the following:
1. Reduce the building footprint in consideration of the least restrictive development area (LRDA); and
2. Reduce the volume/massing of the residence.
Additionally, the Mayor asked that the Planning Commission be provided with more detailed information regarding the circumstances under which the denial of a requested exception from Town standards will constitute a regulatory taking.
On March 18, 2025, the Town Council passed and adopted Resolution 2025-009 granting the appeal of the decision of the Planning Commission approving a request to construct a new single-family residence with reduced side and rear yard setbacks, site improvements requiring a grading permit, and removal of large protected trees on a nonconforming vacant property zoned R-1:20, and remanding the application back to Planning Commission with specific direction as described above (Attachment 1, Exhibit 8).
ITEM NO. 18.
PAGE 3 OF 8
SUBJECT: 45 Reservoir Road/S-22-048
DATE: July 31, 2025
The June 11, 2025, Planning Commission Staff Report (Attachment 1) provides a detailed summary of the applicant’s response to the Town Council direction, including the following:
Additional justification for the building footprint located outside the LRDA; and Revisions made to reduce the volume/massing of the residence through reducing the width of the residence to adhere to the required side setbacks, reducing the gross residence size by 244 square feet (including the ADU), and reducing the porch footprint by 30 feet.
Additionally, the June 11, 2025, Planning Commission Staff Report provided the Commission with additional information regarding regulatory takings. The Planning Commission considered the revised application, including verbal public comments, and approved the project (Attachments 3 and 4).
On June 23, 2025, the decision of the Planning Commission was appealed to the Town Council by an interested person, Mary J. Vidovich, property owner of 47 Reservoir Road (Attachment 5).
On the appeal form, the appellant indicated that the decision of the Planning Commission is not supported by substantial evidence in the record.
Pursuant to Town Code Section 29.20.275, any interested person, as defined by Section
29.10.020, may appeal to the Council any decision of the Planning Commission. The notice of appeal must state specifically how there was an error or abuse of discretion by the Planning Commissioner or how the Planning Commission’s decision was not supported by substantial evidence in the record. (Demonstrating that a decision was not supported by substantial evidence in the record is one way of establishing an abuse of discretion.) For residential projects, an interested person is defined as “a person or entity who owns property or resides within 1,000 feet of a property for which a decision has been rendered and can demonstrate that their property will be injured by the decision.” The appellant meets the requirements.
Pursuant to Town Code Section 29.20.280, the appeal must be heard within 56 days of the Planning Commission hearing, in this case by August 18, 2025. The Council must at least open the public hearing for the item and may continue the matter to a date certain if the Council does not complete its deliberations.
Pursuant to Town Code Section 29.20.295, in the appeal and based on the record, the appellant bears the burden to prove that either there was an error or abuse of discretion (which includes making a decision that was not supported by substantial evidence in the record) by the Planning Commission. If neither is proved, the appeal should be denied. If the appellant meets the burden, the Council shall grant the appeal and may modify, in whole or in part, the determination from which the appeal was taken or, at its discretion, return the matter to the Planning Commission. If the basis for granting the appeal is, in whole or in part, information not presented to or considered by the Planning Commission, the matter shall be returned to the Planning Commission for review.
ITEM NO. 18.
PAGE 4 OF 8
SUBJECT: 45 Reservoir Road/S-22-048
DATE: July 31, 2025
DISCUSSION:
A. Project Summary
The applicant proposes construction of a new 1,593square-foot, two-story residence with an attached two-car garage in a tandem configuration and an attached accessory dwelling unit (ADU) (Attachment 1, Exhibit 10). In addition to the 1,593 square feet countable toward the floor area ratio (FAR), the residence includes 1,135 square feet of below-grade square footage. The residence includes an attached 574-square-foot garage in a tandem configuration. The proposed garage includes 352 square feet of below grade square footage that does not count toward FAR. The garage also includes other areas that do count toward FAR: 147 square feet of above grade square footage; and 75 square feet of below grade square footage that extends beyond the footprint of the residence above. These areas are within the 400 square feet allowed for a garage on the property. An attached ADU is included on the second story of the residence. Consistent with state law, the ADU will be processed with a separate ministerial Building Permit, which is not the subject of this application. Much of the proposed residence would be located outside of the LRDA due to site and access constraints. The proposed residence, absent the ADU, would not be visible pursuant to the Hillside Development Standards and Guidelines (HDS&G), as only 22 percent would be visible from the viewing area located at Los Gatos-Saratoga Road (Highway 9) and Highway 17 (Attachment 1, Exhibit 10). Within the immediate neighborhood, the proposed project results in the seventh largest residence in terms of total square footage and the third largest in terms of FAR.
A single-family residence is permitted in the R-1:20 zone. The proposed residence complies with the zoning regulations for allowable floor area and height requirements for the property. The project requires a Grading Permit for site improvements with earthwork quantities exceeding 50 cubic yards. The project also requires exceptions to setbacks, road width, parking configuration, driveway depth, grading depths, retaining wall heights, and LRDA. A full discussion and analysis of the application is provided in the June 11, 2025, Planning Commission Staff Report (Attachment 1).
B. Planning Commission
On June 11, 2025, the Planning Commission received the Staff Report and Desk Item (Attachments 1 and 2). After receiving public comment and asking questions of the applicant, the Planning Commission closed the public hearing and discussed the project. The Planning Commission voted five to one to approve the application. Attachment 4 contains the verbatim minutes.
ITEM NO. 18.
PAGE 5 OF 8
SUBJECT: 45 Reservoir Road/S-22-048
DATE: July 31, 2025
C. Appeal to Town Council
The decision of the Planning Commission was appealed on June 23, 2025, by an interested person, Mary J. Vidovich (Attachment 5). The appellant indicated that the Planning Commission decision is not supported by substantial evidence. The appellant’s reasoning is provided below, followed by the applicant’s and property owner’s response (Attachments 6 and 7), and staff’s response.
1. Appellant: The Town Council told the applicant to reduce volume and massing and reduce the building footprint in consideration of the LRDA. The applicant did not follow directions. Too big for the lot.
Applicant Response: The applicant provided a detailed response, which is included as Attachment 6. In summary, the applicant vehemently disagrees with this opinion and contends the Planning Commission exercised careful consideration of the revised design, approved the project five to one, and noted that they did indeed follow the directives of the Town Council. Additionally, the applicant states that this revised design reflects the directives handed down by the Council, coordinated with staff, and overwhelmingly approved by the Planning Commission. In fact, several commissioners cited that the reductions were rather significant (in effect) and appreciated. This project will fill a vacant piece of land, provide a firetruck turnaround that benefits the entire neighborhood, and ultimately make the area safer by building a WUI approved, fire hardened residence and ADU.
Staff Response: Regarding reductions in volume and massing, the subject property is zoned R-1:20, which requires a minimum lot size of 20,000 square feet; a lot width of 100 feet; and minimum setbacks of 30 feet in the front, 25 feet in the rear, and 15 feet on the sides. The subject property was the product of a 2015 merger of six lots into three lots. What resulted is a lot that is nonconforming with an area of 10,000 square feet and a width of 83 feet. In addition to these nonconforming characteristics, the lot is further burdened with a private access road bisecting the property. As a result, the building envelope is limited to the southern portion of the property, south of the private road, with a very limited area of LRDA outside of the required setbacks.
In response to the Council’s direction to reduce the volume/massing of the residence, the applicant reduced its width by two and one-half feet on the west side and one to three feet on the east side. The revised residence meets the required side setbacks, eliminating the need for an exception to the side setback requirements. As a result, the gross size of the narrowed residence is reduced by 244 square feet (including the ADU).
The applicant also pulled back the front porch wall by two and one-half feet, reducing its footprint by 30 square feet and increasing the distance between the porch and the private road from 18 inches to three and one-half feet. The following table summarizes
ITEM NO. 18.
PAGE 6 OF 8
SUBJECT: 45 Reservoir Road/S-22-048
DATE: July 31, 2025
the revisions to the gross floor area from the original proposal to the revised proposal.
Floor Area Comparison
Original Proposal Revised Proposal
Non-Exempt
Floor Area*
Exempt
Floor Area
Total Non-Exempt
Floor Area*
Exempt
Floor Area
Total SF
Change
%
Change
Lower
Floor
313 1,287 1,600 321 1,135 1,456 -144 -9.0%
Main Floor 1,327 0 1,327 1,272 0 1,272 -100 -7.5%
Garage
Floor
163+63 338 564 147+75 352 574 +10 +1.8%
Total 1,866 1,625 3,491 1,815 1,487 3,302 -189 -5.4%
ADU 516 0 516 461 0 461 -55 -10.7%
* Non-Exempt Floor Area includes above grade square footage and portions of below grade square footage projecting beyond the enclosed building footprint above.
Regarding reductions in building footprint in consideration of the LRDA, the LRDA on the subject property is concentrated in the southern (rear) portion of the property and the area of the existing private road (Attachment 1, Exhibit 10, Sheet A-3). The LRDA at the rear of the lot is further constrained, with most of it being located within the required rear setback of 25 feet and side setbacks of 15 feet. This leaves a very limited area of LRDA outside of the required setbacks.
Due to these constraints, the applicant continues to pursue an exception to the rear yard setbacks, proposing a minimum rear setback of 19 feet, seven and one-half inches, where 25 feet is required. Staff notes that this minimum setback occurs at one location at the center of the rear of the residence, and the proposed setback increases moving away from this point in either direction.
In their letter responding to the Council’s direction included in Attachment 1, Exhibit 9, the applicant notes the following:
The portion of the proposed residence projecting into the setback would not be visible from the road;
The minimum setback is exacerbated by the acute angle of the lot shape; There will still be plenty of distance to the rear fence; The proposed siting of the residence moves it away from the road and allows more of the residence to be located within the LRDA; and
Moving the residence back further would further increase the amount of grading and trigger another retaining wall height exception.
The following Lot Coverage Comparison table provides an evaluation of the change in the projects lot coverage from the original proposal to the revised proposal.
ITEM NO. 18.
PAGE 7 OF 8
SUBJECT: 45 Reservoir Road/S-22-048
DATE: July 31, 2025
Lot Coverage Comparison
Original Proposal Revised Proposal Change (SF) Change (%) Residence + Garage + ADU 2,195 2,057 -138 -6.2%
Patios + Balconies
(Outside residence footprint)
148 118 -30 -20.2%
TOTAL 2,343 2,175 -168 -7.2%
2. Appellant: On the date of the first meeting, the neighbor Baratzadeh spoke in favor of the building permit being approved. Undisclosed was that the Baratzadehs had a vested interest in the approval due to the fact that they needed electrical through and underneath (underground) of the contiguous property of 45 Reservoir Road’s approval, for their pool. The Baratzadehs’ contiguous property address is 60 Rogers Road, we believe. Emily Baratzadeh is a licensed real estate salesperson with Coldwell Banker.
Property Owner’s Response: The property owner provided a detailed response, which is included as Attachment 7. In summary, the property owner indicates that the appeal includes statements that are both false and misleading, which misrepresent the facts and unfairly harm the reputations of others. Additionally, the property owner indicates that the appellant’s claim is entirely unfounded, and the neighbor’s pool project is completely independent of their property and has been in use since March 2025.
Staff Response: Any existing or potential private party agreements between neighbors have no bearing on the application being considered by the Town.
On July 30, 2025, the appellant submitted additional information regarding their appeal.
This letter is included as Attachment 8. This additional information was provided to the applicant, and the applicant has provided letter in response (Attachment 9).
PUBLIC COMMENTS:
Story poles and signage were installed on the site by November 21, 2024, and have been maintained since the January 8, 2025, Planning Commission meeting. Written notice of the Town Council hearing was sent to property owners and tenants within 500 feet of the subject property. Public comments received between 11:01 a.m., Wednesday, June 11, 2025, and 11:00 a.m., Thursday, July 31, 2025, are included as Attachment 11.
ENVIRONMENTAL REVIEW:
The project is Categorically Exempt pursuant to the adopted Guidelines for the Implementation of the California Environmental Quality Act, Section 15303: New Construction.
ITEM NO. 18.
PAGE 8 OF 8
SUBJECT: 45 Reservoir Road/S-22-048
DATE: July 31, 2025
CONCLUSION:
A. Recommendation
For the reasons stated in this report, it is recommended that the Town Council uphold the decision of the Planning Commission to approve the application and adopt a resolution (Attachment 10) denying the appeal.
B. Alternatives
Alternatively, the Town Council could continue the application to a date certain and:
1. Provide direction to staff to prepare a resolution to grant the appeal and remand the application back to the Planning Commission with specific direction;
2. Provide direction to staff to prepare a resolution granting the appeal and denying the application; or
3. Continue the application with other specific direction.
ATTACHMENTS:
1. June 11, 2025, Planning Commission Staff Report, with Exhibits 1 through 10
2. June 11, 2025, Planning Commission Desk Item
3. June 11, 2025, Planning Commission Action Letter with Conditions of Approval
4. June 11, 2025, Planning Commission Verbatim Minutes
5. Appeal of the Planning Commission Decision, received June 23, 2025
6. Applicant’s response to the appeal
7. Property owner’s response to the appeal
8. Letter from Appellant, received July 30, 2025
9. Applicant’s response to the appeal
10. Draft Resolution to Deny Appeal and Approve Project
11. Public comments received between 11:01 a.m., Wednesday, June 11, 2025, and 11:00 a.m., Thursday, July 31, 2025
ITEM NO. 18.
PREPARED BY: Sean Mullin, AICP
Planning Manager
Reviewed by: Community Development Director
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6872 www.losgatosca.gov
TOWN OF LOS GATOS
PLANNING COMMISSION
REPORT
MEETING DATE: 06/11/2025
ITEM NO: 2
DATE: June 6, 2025
TO: Planning Commission
FROM: Joel Paulson, Community Development Director
SUBJECT: Consider a Request for Approval to Construct a New Single-Family Residence with a Reduced Rear Yard Setback, Site Improvements Requiring a Grading Permit, and Removal of Large Protected Trees on a Nonconforming Vacant Property Zoned R-1:20. Located at 45 Reservoir Road. APN 529-33-054.
Architecture and Site Application S-22-048. Categorically Exempt Pursuant to CEQA Guidelines Section 15303: New Construction. Property Owner: Farnaz Agahian. Applicant: Gary Kohlsaat, Architect. Project Planner: Sean Mullin.
BACKGROUND:
On January 8, 2025, the Planning Commission considered the application, including written and verbal public comments, and approved the request (Exhibit 4, Attachments 1 through 4).
On January 17, 2025, the decision of the Planning Commission was appealed to the Town Council by an interested person, Mary J. Vidovich, property owner of 47 Reservoir Road (Exhibit 4, Attachment 5). On the appeal form, the appellant indicated that there was an error or abuse of discretion by the Planning Commission.
On March 4, 2025, the Town Council discussed the item and received public testimony (Exhibits 4 through 7). The Town Council directed staff to prepare a resolution granting the appeal of a decision of the Planning Commission, and remanding the application back to the Planning Commission with specific direction including the following:
1. Reduce the building footprint in consideration of the least restrictive development area (LRDA); and
2. Reduce the volume/massing of the residence.
Additionally, the Mayor asked that the Planning Commission be provided with more detailed information regarding the circumstances under which the denial of a requested exception from Town standards will constitute a regulatory taking.
ATTACHMENT 1
ITEM NO. 18.
PAGE 2 OF 6
SUBJECT: 45 Reservoir Road/S-22-048
DATE: June 6, 2025
On March 18, 2025, the Town Council passed and adopted Resolution 2025-009 granting the appeal of the decision of the Planning Commission approving a request to construct a new single-family residence with reduced side and rear yard setbacks, site improvements requiring a grading permit, and removal of large protected trees on a nonconforming vacant property zoned R-1:20, and remanding the application back to Planning Commission with specific direction as described above (Exhibit 8).
DISCUSSION:
In response to the Town Council’s direction, the applicant submitted a Letter of Justification detailing the revisions to the project (Exhibit 9) and revised development plans (Exhibit 10). A summary of the applicant’s response to the Town Council’s direction follows.
1. Reduce the building footprint in consideration of the (LRDA):
The LRDA on the subject property is concentrated in the southern (rear) portion of the property and the area of the existing private road (Exhibit 10, Sheet A-3). The LRDA at the rear of the lot is further constrained with the majority of it being located with the required rear setback of 25 feet and side setbacks of 15 feet. This leaves a very limited area of LRDA outside of the required setbacks.
Due to these constraints, the applicant continues to pursue an exception to the rear yard setbacks, proposing a minimum rear setback of 19 feet, seven and one-half inches, where 25 feet is required. Staff notes that this minimum setback occurs at one location at the center of the rear of the residence and the proposed setback increases moving away from this point in either direction.
In their letter responding to the Council’s direction included in Exhibit 9, the applicant notes the following:
• The portion of the proposed residence projecting into the setback would not be visible from the road;
• The minimum setback is exacerbated by the acute angle of the lot shape; • There will still be plenty of distance to the rear fence; • The proposed siting of the residence moves it away from the road and allows more of the residence to be located within the LRDA; and
• Moving the residence back further would further increase the amount of grading and trigger another retaining wall height exception.
ITEM NO. 18.
PAGE 3 OF 6
SUBJECT: 45 Reservoir Road/S-22-048
DATE: June 6, 2025
2. Reduce the volume/massing of the residence:
The subject property is zoned R-1:20, which requires a minimum lot size of 20,000 square feet; a lot width of 100 feet; and minimum setbacks of 30 feet in the front, 25 feet in the rear, and 15 feet on the sides. The subject property was the product of a 2015 merger of six lots into three lots. What resulted was a lot that is nonconforming with an area of 10,000 square feet and a width of 83 feet. In addition to these nonconforming characteristics, the lot is further burdened with a private access road that bisects the property near the middle.
As a result, the building envelope is limited to the southern portion of the property, south of the private road, with a very limited area of LRDA outside of the required setbacks.
In response to the Council’s direction to reduce the volume/massing of the residence, the applicant reduced its width by two and one-half feet on the west side and one to three feet on the east side. The revised residence now meets the required side setbacks eliminating the need for an exception to the side setback requirements. As a result, the gross size of the narrowed residence is reduced by 244 square feet (including the ADU). The applicant also pulled back the front porch wall by two and one-half feet, reducing its footprint by 30 square feet and increasing the distance between the porch and the private road from 18 inches to three and one-half feet. The following table summarizes the revisions to the gross floor area from the original proposal to the revised proposal.
Floor Area
Original Proposal Revised Proposal
Non-Exempt
Floor Area*
Exempt
Floor Area
Total Non-Exempt
Floor Area*
Exempt
Floor Area
Total
Lower Floor 313 1,287 1,600 321 1,135 1,456
Main Floor 1,327 0 1,327 1,272 0 1,272
Garage Floor 163+63 338 564 147+75 352 574
Total 1,866 1,625 3,491 1,815 1,487 3,302
ADU 516 0 516 461 0 461
* Non-Exempt Floor Area includes above grade square footage and portions of below grade square footage projecting beyond the enclosed building footprint above.
3. Information regarding regulatory taking:
Included in the adopted Resolution from the Council, the Mayor requested that the Planning Commission be provided with more detailed information regarding the circumstances under which the denial of a requested exception from Town standards will constitute a regulatory taking. In response to this request, the Town Attorney provides the following information and will be available at the Planning Commission meeting on June 11, 2025, to answer any questions.
ITEM NO. 18.
PAGE 4 OF 6
SUBJECT: 45 Reservoir Road/S-22-048
DATE: June 6, 2025
A land use regulation that goes too far is a regulatory taking. Pennsylvania Coal Co. v.
Mahon, 260 U.S. 393, 415 (1922). A regulation goes too far and constitutes a per se taking when the regulation deprives the property owner of all economically viable use of the property, Lucas v. South Carolina Coastal Council, 505 U.S. 1002, 1013 (1992). A regulation that leaves the property owner with some economically viable use of the property may still be a taking. The determination of whether such a regulation is a taking is on a case-by-case basis and depends on three factors: (1) the economic impact of the regulation on the property owner; (2) the extent to which the regulation has interfered with the property owner's investment-backed expectations; and (3) the character of the government action, Penn Cent. Transp. Co v. City of New York, 438 U.S. 104, 124 (1978).
4. Exceptions:
In addition to the response to the direction from the Town Council, the applicant also provided an additional discussion of and justification for the requested exceptions. As listed below, the revised project requires approval of the following exceptions to the Town Code, HDS&G, and HSP. The previously requested exceptions to the side setback exception and dimensions for required parking spaces have been eliminated with the revised project. The exceptions in italics would likely be required for any single-family residence developed on the existing lot.
• Required 25-foot rear setback (Town Code);
• Tandem configuration of the two off-street parking spaces (Town Code); • Driveway depth of at least 18 feet in length (Town Code); • Four guest parking spaces shall be provided (HSP);
• Driveway/access road with a minimum width of 18 feet (Town Code); • Grading depths shall not exceed four feet of cut (HDS&G); • Grading depths shall not exceed three feet of fill (HDS&G); • Retaining wall heights should not be higher than five feet (HDS&G); and • Buildings shall be located within the LRDA (HDS&G).
PUBLIC COMMENTS:
The installed story poles were not updated to reflect the revised plans. The reduce massing of the residence is summarized above and in the applicant’s letter. The project sign was updated to provide the June 11, 2025, hearing date with the Planning Commission. Written notice was sent to property owners and tenants located within 500 feet of the subject property. At the time of drafting the report no public comments have been received.
ITEM NO. 18.
PAGE 5 OF 6
SUBJECT: 45 Reservoir Road/S-22-048
DATE: June 6, 2025
CONCLUSION:
A. Summary
The applicant submitted a response letter summarizing the revisions to the project (Exhibit 9) and revised development plans (Exhibit 10) in response to the Town Council’s direction provided at the March 4, 2025, Town Council meeting.
B. Recommendation
Should the Planning Commission determine that the revised project meets the direction provided by the Town Council and find merit with the proposed project, the Commission can take the actions below to approve the Architecture and Site application:
1. Make the finding that the proposed project is Categorically Exempt, pursuant to the adopted Guidelines for the implementation of the California Environmental Quality Act, Section 15303: New Construction (Exhibit 2);
2. Make the finding as required by Section 29.10.265 of the Town Code to allow exceptions to rear setback, driveway/access road width, and driveway depth on a nonconforming property (Exhibit 2);
3. Make the finding as required by Section 29.10.150 (h)(2) of the Town Code to allow an exception to parking requirements when a lot does not have adequate area to provide parking as required;
4. Make the finding that the project complies with the objective standards of Chapter 29 of the Town Code (Zoning Regulations) except for the rear setback, driveway/access road width, parking configuration, and driveway depth (Exhibit 2);
5. Make the finding that the project is in compliance with the Residential Design Guidelines for single-family residences (Exhibit 2);
6. Make the finding that due to the constraints of the site, exceptions to grading depths, retaining wall heights, and buildings located outside of the Least Restrictive Development Area (LRDA) are appropriate, and the project is otherwise in compliance with the applicable sections of the Hillside Development Standards and Guidelines (Exhibit 2);
7. Make the finding that other than an exception to the guest parking requirement, the project complies with the Hillside Specific Plan (Exhibit 2);
8. Make the considerations as required by Section 29.20.150 of the Town Code for granting approval of an Architecture and Site application (Exhibit 2); and
9. Approve Architecture and Site Application S-22-048 with the conditions contained in Exhibit 3 and the revised development plans in Exhibit 10.
ITEM NO. 18.
PAGE 6 OF 6
SUBJECT: 45 Reservoir Road/S-22-048
DATE: June 6, 2025
C. Alternatives
Alternatively, the Planning Commission can:
1. Continue the matter to a date certain with specific direction; or
2. Approve the application with additional and/or modified conditions; or
3. Deny the application.
EXHIBITS:
1. Location Map
2. Required Findings and Considerations
3. Recommended Conditions of Approval
4. March 4, 2025, Town Council Staff Report with Attachments 1 through 7
5. March 4, 2025, Town Council Addendum Report with Attachment 8
6. March 4, 2025, Town Council Desk Item Report with Attachment 9
7. March 4, 2025, Town Council Meeting Minutes
8. March 18, 2025, Town Council Resolution 2025-009
9. Applicant’s Letter of Justification
10. Revised Development Plans
ITEM NO. 18.
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ITEM NO. 18.
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S:\PLANNING COMMISSION REPORTS\2025\06-11-2025\Item 2 - 45 Reservoir Road\Exhibit 2 - Required Findings and Considerations docx
DEVELOPMENT REVIEW COMMITTEE – June 11, 2025
REQUIRED FINDINGS AND CONSIDERATIONS FOR:
45 Reservoir Road
Architecture and Site Application S-22-048
Consider a Request for Approval to Construct a New Single-Family Residence with a Reduced Rear Yard Setback, Site Improvements Requiring a Grading Permit, and Removal of Large Protected Trees on a Nonconforming Vacant Property Zoned R-1:20.
APN 529-33-054. Categorically Exempt Pursuant to CEQA Guidelines Section 15303:
New Construction.
Property Owner: Farnaz Agahian
Applicant: Gary Kohlsaat, Architect
Project Planner: Sean Mullin
FINDINGS
Required finding for CEQA:
■ The project is Categorically Exempt pursuant to the adopted Guidelines for the Implementation of the California Environmental Quality Act, Section 15303: New Construction.
Required finding for a setback exception on a non-conforming property:
■ As required by Section 29.10.265 of the Town Code for modification of zoning rules on nonconforming lots, including setback requirements, driveway/access road width, and driveway depth:
1. The subject property is nonconforming with regard to lot size; and
2. The rear setback, driveway/access road width; and driveway depth of the new residence are compatible with the neighborhood.
Required finding for exemption to parking requirements:
■ As required by Section 29.10.150 (h)(2) of the Town Code to allow an exception to parking requirements, the lot does not have adequate area to provide parking as required.
Required compliance with the Zoning Regulations:
■ The project meets the objective standards of Chapter 29 of the Town Code (Zoning Regulations) except for the rear setback, driveway/access road width, parking
ITEM NO. 18.
S:\PLANNING COMMISSION REPORTS\2025\06-11-2025\Item 2 - 45 Reservoir Road\Exhibit 2 - Required Findings and Considerations docx
configuration, and driveway depth and the findings for these exceptions can be made.
Required compliance with the Residential Design Guidelines:
■ The project complies with the Residential Design Guidelines for single-family residences.
Required compliance with the Hillside Development Standards and Guidelines:
■ The project complies with the Hillside Development Standards and Guidelines except for the exceptions to grading depths, retaining wall heights, and buildings located outside of the least restrictive development area.
Required compliance with the Hillside Specific Plan:
■ As required, the project complies with the Hillside Specific Plan except for the exception to the guest parking requirement.
CONSIDERATIONS
Required considerations in review of Architecture and Site applications:
■ As required by Section 29.20.150 of the Town Code, the considerations in review of an Architecture and Site application were all made in reviewing this project.
ITEM NO. 18.
PLANNING COMMISSION – June 11, 2025
CONDITIONS OF APPROVAL
45 Reservoir Road
Architecture and Site Application S-22-048
Consider a Request for Approval to Construct a New Single-Family Residence with a Reduced Rear Yard Setback, Site Improvements Requiring a Grading Permit, and Removal of Large Protected Trees on a Nonconforming Vacant Property Zoned R1:20. APN 529-33-054. Categorically Exempt Pursuant to CEQA Guidelines Section 15303: New Construction.
Property Owner: Farnaz Agahian
Applicant: Gary Kohlsaat, Architect
Project Planner: Sean Mullin
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, DRC, or the Planning Commission depending on the scope of the changes.
2. EXPIRATION: The approval will expire two years from the approval date pursuant to Section 29.20.320 of the Town Code, unless the approval has been vested.
3. OUTDOOR LIGHTING: Exterior lighting shall be kept to a minimum, and shall be down directed fixtures that will not reflect or encroach onto adjacent properties. No flood lights shall be used unless it can be demonstrated that they are needed for safety or security.
4. TREE REMOVAL PERMIT: A Tree Removal Permit shall be obtained for any trees to be removed, prior to the issuance of a building or grading permit.
5. EXISTING TREES: All existing trees shown on the plan and trees required to remain or to be planted are specific subjects of approval of this plan, and must remain on the site.
6. 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.
7. 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.
8. TREE STAKING: All newly planted trees shall be double-staked using rubber tree ties.
EXHIBIT 3
ITEM NO. 18.
9. LANDSCAPE SPECIES: Revise all landscape species to be consistent with the Hillside Development Standards and Guidelines.
10. FRONT YARD LANDSCAPE: Prior to issuance of a Certificate of Occupancy the front yard must be landscaped.
11. WATER EFFICIENCY LANDSCAPE ORDINANCE: The final landscape plan shall meet the Town of Los Gatos Water Conservation Ordinance or the State Water Efficient Landscape Ordinance, whichever is more restrictive. A review fee based on the current fee schedule adopted by the Town Council is required when working landscape and irrigation plans are submitted for review.
12. STORY POLES/PROJECT IDENTIFICATION SIGNAGE: Story poles and/or project identification signage on the project site shall be removed within 30 days of approval of the Architecture & Site application.
13. EXTERIOR COLORS: The exterior colors of all structures shall comply with the Hillside Development Standards & Guidelines.
14. 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.
15. 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.
16. TREE DEED RESTRICTION: Prior to issuance of a building permit, a deed restriction shall be recorded by the applicant with the Santa Clara County Recorder’s Office that identifies the on-site trees that were used to provide screening in the visibility analysis and requires their replacement if they die or are removed.
17. 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 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
ITEM NO. 18.
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.
18. 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 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.
ITEM NO. 18.
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.
19. 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 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.
20. DUSKY-FOOTED WOODRATS: This project will implement the following standard measures to minimize impacts on woodrats and active woodrat nests on the project site.
ITEM NO. 18.
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.
21. TOWN INDEMNITY: Applicants are notified that Town Code Section 1.10.115 requires that any applicant who receives a permit or entitlement (“the Project”) from the Town shall defend (with counsel approved by Town), indemnify, and hold harmless the Town, its agents, officers, and employees from and against any claim, action, or proceeding (including without limitation any appeal or petition for review thereof) against the Town or its agents, officers or employees related to an approval of the Project, including without limitation any related application, permit, certification, condition, environmental determination, other approval, compliance or failure to comply with applicable laws and regulations, and/or processing methods (“Challenge”). Town may (but is not obligated to) defend such Challenge as Town, in its sole discretion, determines appropriate, all at applicant’s sole cost and expense.
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
ITEM NO. 18.
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.
22. COMPLIANCE MEMORANDUM: A memorandum shall be prepared and submitted with the building plans detailing how the Conditions of Approval will be addressed.
Building Division
23. 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 that is required by the California Energy Code.
24. 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.
25. 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.
26. BUILDING & SUITE NUMBERS: Submit requests for new building addresses to the Building Division prior to submitting for the building permit application process.
27. SIZE OF PLANS: Minimum size 24” x 36”, maximum size 30” x 42”.
28. 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.
29. 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.
30. FOUNDATION INSPECTIONS: A pad certificate prepared by a licensed civil engineer or land surveyor shall be submitted to the project Building Inspector at foundation inspection. This certificate shall certify compliance with the recommendations as specified in the Soils Report, and that the building pad elevations and on-site retaining wall locations and elevations have been prepared according to the approved plans. Horizontal and vertical controls shall be set and certified by a licensed surveyor or registered Civil Engineer for the following items:
a. Building pad elevation
b. Finish floor elevation
ITEM NO. 18.
c. Foundation corner locations
d. Retaining wall(s) locations and elevations
31. TITLE 24 ENERGY COMPLIANCE: All required California Title 24 Energy Compliance Forms must be blue-lined (sticky-backed), i.e., directly printed, onto a plan sheet.
32. TOWN RESIDENTIAL ACCESSIBILITY STANDARDS: New residential units shall be designed with adaptability features for single-family residences per Town Resolution 1994-61:
a. Wood backing (2” x 8” minimum) shall be provided in all bathroom walls, at water closets, showers, and bathtubs, located 34 inches from the floor to the center of the backing, suitable for the installation of grab bars if needed in the future. b. All passage doors shall be at least 32-inch-wide doors on the accessible floor level. c. The primary entrance door shall be a 36-inch-wide door including a 5’x 5’ level landing, no more than 1 inch out of plane with the immediate interior floor level and with an 18-inch clearance at interior strike edge.
d. A door buzzer, bell or chime shall be hard wired at primary entrance.
33. BACKWATER VALVE: The scope of this project may require the installation of a sanitary sewer backwater valve per Town Ordinance 6.50.025. Please provide information on the plans if a backwater valve is required and the location of the installation. The Town of Los Gatos Ordinance and West Valley Sanitation District (WVSD) requires backwater valves on drainage piping serving fixtures that have flood level rims less than 12 inches above the elevation of the next upstream manhole.
34. HAZARDOUS FIRE ZONE: All projects in the Town of Los Gatos require Class A roof assemblies.
35. WILDLAND-URBAN INTERFACE: This project is located in a Wildland-Urban Interface High Fire Area and must comply with Section R337 of the 2019 California Residential Code, Public Resources Code 4291 and California Government Code Section 51182.
36. 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.
37. 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.
38. 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.
39. BLUEPRINT FOR A CLEAN BAY SHEET: The Town standard Santa Clara Valley Nonpoint Source Pollution Control Program Sheet (page size same as submitted drawings) shall be part of the plan submittal as the second page. The specification sheet is available online at www.losgatosca.gov/building.
40. APPROVALS REQUIRED: The project requires the following departments and agencies approval before issuing a building permit:
ITEM NO. 18.
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
41. GENERAL: All public improvements shall be made according to the latest adopted Town Standard Plans, Standard Specifications and Engineering Design Standards. All work shall conform to the applicable Town ordinances. The adjacent public right-of-way shall be kept clear of all job-related mud, silt, concrete, dirt and other construction debris at the end of the day. Dirt and debris shall not be washed into storm drainage facilities. The storing of goods and materials on the sidewalk and/or the street will not be allowed unless an encroachment permit is issued by the Engineering Division of the Parks and Public Works Department. The Owner’s representative in charge shall be at the job site during all working hours. Failure to maintain the public right-of-way according to this condition may result in the issuance of correction notices, citations, or stop work orders and the Town performing the required maintenance at the Owner’s expense.
42. PAYMENT OPTIONS:
a. All payments regarding fees and deposits can be mailed to:
Town of Los Gatos PPW – Attn: Engineering Dept
41 Miles Avenue
Los Gatos, CA 95030
Or hand deliver/drop off payment in engineering lock box Checks made out to “Town of Los Gatos” and should mention address and application number on memo/note line.
43. APPROVAL: This application shall be completed in accordance with all the conditions of approval listed below and in substantial compliance with the latest reviewed and approved development plans. Any changes or modifications to the approved plans or conditions of approvals shall be approved by the Town Engineer.
44. CONSTRUCTION PLAN REQUIREMENTS: Construction drawings shall comply with Section 1 (Construction Plan Requirements) of the Town’s Engineering Design Standards, which are available for download from the Town’s website.
45. CHANGE OF OCCUPANCY: Prior to initial occupancy and any subsequent change in use or occupancy of any non‐residential condominium space, the buyer or the new or existing occupant shall apply to the Community Development Department and obtain approval for use determination and building permit and obtain inspection approval for any necessary work to establish the use and/or occupancy consistent with that intended.
46. GENERAL LIABILITY INSURANCE: The property owner shall provide proof of insurance to
ITEM NO. 18.
the Town on a yearly basis. In addition to general coverage, the policy must cover all elements encroaching into the Town’s right‐of‐way.
47. PUBLIC WORKS INSPECTIONS: The Owner, Applicant and/or Developer or their representative shall notify the Engineering Inspector at least twenty‐four (24) hours before starting any work pertaining to on‐site drainage facilities, grading or paving, and all work in the Town's right‐of‐way. Failure to do so will result in penalties and rejection of any work that occurred without inspection.
48. RESTORATION OF PUBLIC IMPROVEMENTS: The Owner, Applicant and/or Developer or their representative shall repair or replace all existing improvements not designated for removal that are damaged or removed because of the Owner, Applicant and/or Developer or their representative's operations. Improvements such as, but not limited to curbs, gutters, sidewalks, driveways, signs, pavements, raised pavement markers, thermoplastic pavement markings, etc., shall be repaired and replaced to a condition equal to or better than the original condition. Any new concrete shall be free of stamps, logos, names, graffiti, etc. Any concrete identified that is displaying a stamp or equal shall be removed and replaced at the Contractor’s sole expense and no additional compensation shall be allowed, therefore. Existing improvement to be repaired or replaced shall be at the direction of the Engineering Construction Inspector and shall comply with all Title 24 Disabled Access provisions. The restoration of all improvements identified by the Engineering Construction Inspector shall be completed before the issuance of a certificate of occupancy. The Owner, Applicant and/or Developer or their representative shall request a walk‐through with the Engineering Construction Inspector before the start of construction to verify existing conditions.
49. PLAN CHECK FEES: Plan check fees associated with the Grading Permit shall be deposited with the Engineering Division of the Parks and Public Works Department prior to the commencement of plan check review.
50. SITE SUPERVISION: The General Contractor shall provide qualified supervision on the job site at all times during construction.
51. INSPECTION FEES: Inspection fees shall be deposited with the Town prior to the issuance of permits or recordation of maps.
52. DESIGN CHANGES: Any proposed changes to the approved plans shall be subject to the approval of the Town prior to the commencement of any and all altered work. The Owner’s project engineer shall notify, in writing, the Town Engineer at least seventy‐two (72) hours in advance of all the proposed changes. Any approved changes shall be incorporated into the final “as‐built” plans.
53. PLANS AND STUDIES: All required plans and studies shall be prepared by a Registered Professional Engineer in the State of California and submitted to the Town Engineer for review and approval. Additionally, any post‐project traffic or parking counts, or other studies imposed by the Planning Commission or Town Council shall be funded by the Owner, Applicant and/or Developer.
54. GRADING PERMIT DETERMINATION DURING CONSTRUCTION DRAWINGS: In the event that, during the production of construction drawings and/or during construction of the plans approved with this application by the Town of Los Gatos, it is determined that a grading permit would be required as described in Chapter 12, Article II (Grading Permit) of
ITEM NO. 18.
the Town Code of the Town of Los Gatos, an Architecture and Site Application would need to be submitted by the Owner for review and approval by the Development Review Committee prior to applying for a grading permit.
55. ILLEGAL GRADING: Per the Town’s Comprehensive Fee Schedule, applications for work unlawfully completed shall be charged double the current fee. As a result, the required grading permit fees associated with an application for grading will be charged accordingly. a. DUST CONTROL: Blowing dust shall be reduced by timing construction activities so that paving and building construction begin as soon as possible after completion of grading, and by landscaping disturbed soils as soon as possible. Further, water trucks shall be present and in use at the construction site. All portions of the site subject to blowing dust shall be watered as often as deemed necessary by the Town, or a minimum of three (3) times daily or apply (non‐toxic) soil stabilizers on all unpaved access roads, parking areas, and staging areas at construction sites in order to insure proper control of blowing dust for the duration of the project. Watering on public streets shall not occur. Streets shall be cleaned by street sweepers or by hand as often as deemed necessary by the Town Engineer, or at least once a day. Watering associated with on‐site construction activity shall take place between the hours of 8 a.m. and 5 p.m. and shall include at least one (1) late‐afternoon watering to minimize the effects of blowing dust. All public streets soiled or littered due to this construction activity shall be cleaned and swept on a daily basis during the workweek to the satisfaction of the Town. Demolition or earthwork activities shall be halted when wind speeds (instantaneous gusts) exceed twenty (20) miles per hour (MPH). All trucks hauling soil, sand, or other loose debris shall be covered.
56. CONSTRUCTION ACTIVITIES: All construction shall conform to the latest requirements of the CASQA Stormwater Best Management Practices Handbooks for Construction Activities and New Development and Redevelopment, the Town's grading and erosion control ordinance, and other generally accepted engineering practices for erosion control as required by the Town Engineer when undertaking construction activities.
57. SILT AND MUD IN PUBLIC RIGHT‐OF‐WAY: It is the responsibility of Contractor and homeowner to make sure that all dirt tracked into the public right‐of‐way is cleaned up on a daily basis. Mud, silt, concrete and other construction debris SHALL NOT be washed into the Town’s storm drains.
58. COVERED TRUCKS: All trucks transporting materials to and from the site shall be covered.
59. GOOD HOUSEKEEPING: Good housekeeping practices shall be observed at all times during the course of construction. All construction shall be diligently supervised by a person, or persons authorized to do so at all times during working hours. The Owner’s representative in charge shall be at the job site during all working hours. Failure to maintain the public right‐of‐way according to this condition may result in penalties and/or the Town performing the required maintenance at the Owner’s expense
60. SITE DESIGN MEASURES: This project shall incorporate at least one of the following measures:
a. Protect sensitive areas and minimize changes to the natural topography. b. Minimize impervious surface areas.
c. Direct roof downspouts to vegetated areas.
ITEM NO. 18.
d. Use porous or pervious pavement surfaces on the driveway, at a minimum. e. Use landscaping to treat stormwater.
61. CONSTRUCTION HOURS: All subdivision improvements and site improvements construction activities, including the delivery of construction materials, labors, heavy equipment, supplies, etc., shall be limited to the hours of 8:00 a.m. to 6:00 p.m., weekdays and 9:00 a.m. to 4:00 p.m. Saturdays. The Town may authorize, on a case‐by‐ case basis, alternate construction hours. The Owner, Applicant and/or Developer shall provide written notice twenty‐four (24) hours in advance of modified construction hours.
Approval of this request is at discretion of the Town.
62. CONSTRUCTION NOISE: Between the hours of 8:00 a.m. to 6:00 p.m., weekdays and 9:00 a.m. to 4:00 p.m. Saturdays, construction, alteration, or repair activities shall be allowed.
No individual piece of equipment shall produce a noise level exceeding eighty‐five (85) dBA at twenty‐five (25) feet from the source. If the device is located within a structure on the property, the measurement shall be made at distances as close to twenty‐five (25) feet from the device as possible. The noise level at any point outside of the property plane shall not exceed eighty‐five (85) dBA.
63. SANITARY SEWER CLEANOUT: Sanitary sewer cleanouts shall be relocated within the property in question.
64. PRECONSTRUCTION MEETING: Prior to issuance of any grading or building permits or the commencement of any site work, the general contractor shall:
a. Along with the Owner, Applicant and/or Developer, attend a pre‐construction meeting with the Town Inspector to discuss the project conditions of approval, working hours, site maintenance, and other construction matters.
b. Acknowledge in writing that they have read and understand the project conditions of approval and will make certain that all project sub‐contractors have read and understand them as well prior to commencing any work, and that a copy of the project conditions of approval will be posted on‐site at all times during construction.
65. CONSTRUCTION VEHICLE PARKING: Construction vehicle parking within the public right‐ of‐ way will only be allowed if it does not cause access or safety problems as determined by the Town.
66. STREET/SIDEWALK CLOSURE: Any proposed blockage or partial closure of the street and/or sidewalk requires an encroachment permit. Special provisions such as limitations on works hours, protective enclosures, or other means to facilitate public access in a safe manner may be required.
67. GRADING PERMIT: A grading permit is required for all site grading and drainage work except for exemptions listed in Section 12.20.015 of The Code of the Town of Los Gatos (Grading Ordinance). Grading work taking place either simultaneously, on‐site is considered eligible for the grading permit process and could be counted toward quantities, depending on permit status. After the preceding Architecture and Site Application has been approved by the respective deciding body and the appeal period has passed, the grading permit application with grading plans and associated required materials shall be submitted via email to the PPW engineer assigned to the A&S review.
Plan check fees (determined after initial submittal) shall be sent to the Engineering Division of the Parks and Public Works
ITEM NO. 18.
Department located at 41 Miles Avenue. The grading plans shall include topographic map/existing conditions, final grading, drainage, retaining wall location(s), driveway, utility sheet and erosion control. Grading plans shall list earthwork quantities and a table of existing and proposed impervious areas. Unless specifically allowed by the Director of Parks and Public Works, the grading permit will be issued concurrently with the building permit. The grading permit is for work outside the building footprint(s). Prior to Engineering signing off and closing out on the issued grading permit, the Owner’s soils engineer shall verify, with a stamped and signed letter, that the grading activities were completed per plans and per the requirements as noted in the soils report. A separate building permit, issued by the Building Department, located at 110 E. Main Street, is needed for grading within the building footprint.
68. SECURITY OF PERFORMANCE: Prior to approval of the grading permit, the applicant shall provide security for the performance of the work described and delineated on the approved grading plans. The form of security shall be one (1) or a combination of the following to be determined by the Town Engineer and subject to the approval of the Town Attorney
a. Bond or bonds issued by one (1) or more duly authorized corporate sureties on a form approved by the Town.
b. Deposit, with the Town, money, negotiable bonds of the kind approved for securing deposits of public monies, or other instrument of credit from one (1) or more financial institutions subject to regulation by the State or Federal Government wherein such financial institution pledges funds are on deposit and guaranteed for payment.
69. GRADING ACTIVITY RESTRICTIONS: Upon receipt of a grading permit, any and all grading activities and operations shall not occur during the rainy season, as defined by Town Code of the Town of Los Gatos, Sec. 12.10.020, (October 15‐April 15).
70. CONSTRUCTION EASEMENT: Prior to the issuance of a grading or building permit, it shall be the sole responsibility of the Owner, Applicant and/or Developer to obtain any and all proposed or required easements and/or permissions necessary to perform the grading herein proposed. Proof of agreement/approval is required prior to the issuance of any Permit.
71. DRAINAGE STUDY: Prior to the issuance of any grading or building permits, the following drainage studies shall be submitted to and approved by the Town Engineer: a drainage study of the project including diversions, off‐site areas that drain onto and/or through the project, and justification of any diversions; a drainage study evidencing that the proposed drainage patterns will not overload the existing storm drain facilities; and detailed drainage studies indicating how the project grading, in conjunction with the drainage conveyance systems (including applicable swales, channels, street flows, catch basins, storm drains, and flood water retarding) will allow building pads to be safe from inundation from rainfall runoff which may be expected from all storms up to and including the theoretical 100‐year flood.
72. DRAINAGE IMPROVEMENT: Prior to the issuance of any grading permits, the Owner, Applicant and/or Developer shall: a) design provisions for surface drainage; and b) design all necessary storm drain facilities extending to a satisfactory point of disposal for the
ITEM NO. 18.
proper control and disposal of storm runoff; and c) provide a recorded copy of any required easements to the Town.
73. TREE REMOVAL: Copies of all necessary tree removal permits shall be provided prior to the issuance of a building permit. An arborist report may be necessary.
74. SURVEYING CONTROLS: Horizontal and vertical controls shall be set and certified by a licensed surveyor or registered civil engineer qualified to practice land surveying, for the following items:
a. Retaining wall: top of wall elevations and locations. b. Toe and top of cut and fill slopes.
75. RETAINING WALLS: A building permit, issued by the Building Department, located at 110 E. Main Street, may be required for site retaining walls. Walls are not approved by the Engineering Division of Parks and Public Works during the grading permit plan review process.
76. PROXIMITY OF RETAINING WALLS TO ADJACENT BUILDINGS: Prior to the issuance of a grading or building permit, structural details for the proposed retaining walls located immediately adjacent to or in the immediate vicinity of existing buildings on adjoining lots shall be submitted confirming that said walls will not negatively affect the structural integrity of these buildings.
77. WEST VALLEY SANITATION DISTRICT: All sewer connection and treatment plant capacity fees shall be paid either immediately prior to the issuance of a sewer connection permit.
Written confirmation of payment of these fees shall be provided prior to issuance of the Grading Permit.
78. GEOLOGY AND SOILS MITIGATION MEASURE: A geotechnical investigation shall be conducted for the project to determine the surface and sub‐surface conditions at the site and to determine the potential for surface fault rupture on the site. The geotechnical study shall provide recommendations for site grading as well as the design of foundations, retaining walls, concrete slab‐on‐grade construction, excavation, drainage, on‐site utility trenching and pavement sections. All recommendations of the investigation shall be incorporated into project plans.
79. GEOTECHNICAL/GEOLOGICAL ENGINEER CONSTRUCTION OBSERVATION: During construction, all excavations and grading shall be inspected by the Owner’s soils engineer prior to placement of concrete and/or backfill so they can verify that the actual conditions are as anticipated in the design‐level geotechnical report and recommend appropriate changes in the recommendations contained in the report, if necessary. The results of the construction observation and testing shall be documented in an “as‐built” letter/report prepared by the Owner’s soils engineer and submitted to the Town before a certificate of occupancy is granted.
80. FENCES: Fences between all adjacent parcels will need to be located on the property lines/boundary lines. Any existing fences that encroach into the neighbor’s property will need to be removed and replaced to the correct location of the boundary lines before a Certificate of Occupancy for any new building can be issued. Waiver of this condition will require signed and notarized letters from all affected neighbors.
81. TRAFFIC IMPACT MITIGATION FEE: Prior to the issuance of any building or grading permit, the Owner shall pay the project's proportional share of transportation improvements
ITEM NO. 18.
needed to serve cumulative development within the Town of Los Gatos. The fee amount will be based upon the Town Council resolution in effect at the time the building permit is issued.
82. PRECONSTRUCTION PAVEMENT SURVEY: Prior to issuance of any grading or building permit, the Owner, Applicant and/or Developer shall complete a pavement condition survey documenting the extent of existing pavement defects using a smartphone video (in Landscape orientation only) or digital video camera. The survey shall extend the length of Reservoir Road and the connecting private access driveway. The results shall be documented in a report and submitted to the Town for review.
83. POSTCONSTRUCTION PAVEMENT SURVEY: The Owner, Applicant and/or Developer shall complete a pavement condition survey covering the same sections of roads documented in the Preconstruction Pavement Survey to determine whether road damage occurred as a result of project construction and whether there were changes in pavement strength.
Rehabilitation improvements required to restore the pavement to pre‐construction condition. The results shall be documented in a report and submitted to the Town for review and approval before a Certificate of Occupancy for any new building can be issued.
The Owner, Applicant and/or Developer shall be responsible for completing any required road repairs prior to release of the faithful performance bond.
84. ON‐SITE/OFF‐SITE PARKING: Parking spaces shall be paved with a compacted base not less than four (4) inches thick, surfaced with asphaltic concrete or Portland cement concrete pavement or other surfacing (e.g.: permeable paving materials, interlocking pavers and ribbon strip driveways) approved by the Town Engineer.
85. TRAFFIC CONTROL PLAN: If a traffic control plan is required, it must be submitted and approved by the Town Engineer prior to the issuance of an encroachment, grading or building permit. This plan shall include, but not be limited to, the following measures:
a. Construction activities shall be strategically timed and coordinated to minimize traffic disruption for schools, residents, businesses, special events, and other projects in the area. The schools located on the haul route shall be contacted to help with the coordination of the trucking operation to minimize traffic disruption. b. Flag persons shall be placed at locations necessary to control one‐way traffic flow. All flag persons shall have the capability of communicating with each other to coordinate the operation.
c. Prior to construction, advance notification of all affected residents and emergency services shall be made regarding one‐way operation, specifying dates and hours of operation.
86. HAULING OF SOIL: Hauling of soil on‐ or off‐site shall not occur during the morning or evening peak periods (between 7:00 a.m. and 9:00 a.m. and between 4:00 p.m. and 6:00 p.m.), and at other times as specified by the Director of Parks and Public Works. Prior to the issuance of a grading or building permit, the Owner and/or Applicant or their representative shall work with the Town Building Department and Engineering Division Inspectors to devise a traffic control plan to ensure safe and efficient traffic flow under periods when soil is hauled on or off the project site. This may include but is not limited to provisions for the Owner and/or Applicant to place construction notification signs noting the dates and time of construction and hauling activities or providing additional traffic
ITEM NO. 18.
control. Coordination with other significant projects in the area may also be required.
Cover all trucks hauling soil, sand, and other loose debris.
87. CONSTRUCTION MANAGEMENT PLAN SHEET: Prior to the issuance of any grading or building permits, the Owner and/or Applicant’s design consultant shall submit a construction management plan sheet (full‐size) within the plan set that shall incorporate at a minimum the Earth Movement Plan, Traffic Control Plan, Project Schedule, site security fencing, employee parking, construction staging area, materials storage area(s), construction trailer(s), concrete washout(s) and proposed portable restroom locations.
Please refer to the Town’s Construction Management Plan Guidelines document for additional information.
88. SHARED PRIVATE STREET: The private street accessing the Project Site shall be kept open and in a safe, drive‐able condition throughout construction. If temporary closure is needed, then formal written notice shall be provided at least one week in advance of closure.
89. EMERGENCY VEHICLE ACCESS: The Emergency Vehicle Access Easement (EVAE) that traverses the Project Site shall be kept open and in a safe, drive‐able condition throughout construction. If temporary closure is needed, then formal written notice shall be provided at least one week in advance of closure.
90. EMERGENCY VEHICLE ACCESS EASEMENT: Prior to the issuance of any grading or building permits, the Owner, Applicant and/or Developer shall coordinate with the Santa Clara County Fire Department to ensure that any proposed modifications to the Emergency Vehicle Access Easement that traverses the Project Site are curvilinear, allows for the Department’s equipment to travel across said easement, and meets all Department specifications. Plans shall be submitted to the Santa Clara County Fire Department for approval prior to construction.
91. WVSD (West Valley Sanitation District): Sanitary sewer laterals are televised by West Valley Sanitation District and approved by the Town of Los Gatos before they are used. A Sanitary Sewer Clean‐out is required at the property line, within one (1) foot of the property line, or at a location specified by the Town.
92. SANITARY SEWER BACKWATER VALVE: Drainage piping serving fixtures which have flood level rims less than twelve (12) inches (304.8 mm) above the elevation of the next upstream manhole and/or flushing inlet cover at the public or private sewer system serving such drainage piping shall be protected from backflow of sewage by installing an approved backwater valve. Fixtures above such elevation shall not discharge through the backwater valve, unless first approved by the Building Official. The Town shall not incur any liability or responsibility for damage resulting from a sewer overflow where the property owner or other person has failed to install a backwater valve as defined in the Uniform Plumbing Code adopted by the Town and maintain such device in a functional operation condition.
Evidence of West Sanitation District’s decision on whether a backwater device is needed shall be provided prior to the issuance of a building permit.
93. RELOCATION OF TRASH AND RECYCLING COLLECTION LOCATION: Prior to the issuance of any permits, an approval letter from West Valley Collection & Recycling accepting the
ITEM NO. 18.
trash and recycling collection locations shall be provided to the Town.
94. BEST MANAGEMENT PRACTICES (BMPs): The Owner, Applicant and/or Developer is responsible for ensuring that all contractors are aware of all storm water quality measures and that such measures are implemented. Best Management Practices (BMPs) shall be maintained and be placed for all areas that have been graded or disturbed and for all material, equipment and/or operations that need protection. Removal of BMPs (temporary removal during construction activities) shall be replaced at the end of each working day. Failure to comply with the construction BMP will result in the issuance of correction notices, citations, or stop work orders.
95. INFILTRATION TRENCHES: The following requirements apply to the proposed infiltration trenches:
a. Prior to completion of the Final Stormwater Control Plan, a geotechnical engineer shall review the design of the infiltration trenches and retaining walls along the portion of the road within the property boundary and determine whether additional structural supports are needed to ensure stability of the road and the adjacent hillside during the wet season.
b. The assumed infiltration rate shall be verified with actual site‐specific soils data prior to the Final Stormwater Control Plan for the development. If the infiltration rate is lower, a hydrologic analysis shall be conducted to ensure that the proposed trench sizes are adequate.
c. The infiltration trench shall be protected from sediment generated during construction of homes on the lots. The proposed source control measures shall be indicated on the project plans.
d. Maintenance of stormwater treatment and the infiltration trenches shall be the responsibility of the property owner and/or future property owners.
96. UNLAWFUL DISCHARGES: It is unlawful to discharge any wastewater or cause hazardous domestic waste materials to be deposited in such a manner or location as to constitute a threatened discharge, into storm drains, gutters, creeks or the San Francisco Bay.
Unlawful discharges to storm drains include, but are not limited to: discharges from toilets, sinks, industrial processes, cooling systems, boilers, fabric cleaning, equipment cleaning, or vehicle cleaning.
97. EROSION CONTROL: Interim and final erosion control plans shall be prepared and submitted to the Engineering Division of the Parks and Public Works Department during the grading permit application process. A maximum of two (2) weeks is allowed between clearing of an area and stabilizing/building on an area if grading is allowed during the rainy season. Interim erosion control measures, to be carried out during construction and before installation of the final landscaping, shall be included. Interim erosion control method shall include, but are not limited to silt fences, fiber rolls (with locations and details), erosion control blankets,
Town standard seeding specification, filter berms, check dams, retention basins, etc.
Provide erosion control measures as needed to protect downstream water quality during winter months.
98. AIR QUALITY: To limit the project’s construction‐related dust and criteria pollutant
ITEM NO. 18.
emissions, the following the Bay Area Air Quality Management District (BAAQMD)‐ recommended basic construction measures shall be included in the project’s grading plan, building plans, and contract specifications:
a. All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered two times per day, or otherwise kept dust‐ free.
b. All haul trucks designated for removal of excavated soil and demolition debris from site shall be staged off‐site until materials are ready for immediate loading and removal from site.
c. All haul trucks transporting soil, sand, debris, or other loose material off‐site shall be covered.
d. As practicable, all haul trucks and other large construction equipment shall be staged in areas away from the adjacent residential homes.
e. All visible mud or dirt track‐out onto adjacent public roads shall be removed using wet power vacuum street sweepers at least once per day, or as deemed appropriate by Town Engineer. The use of dry power sweeping is prohibited. An on‐site track‐out control device is also recommended to minimize mud and dirt‐track‐out onto adjacent public roads.
f. All vehicle speeds on unpaved surfaces shall be limited to fifteen (15) miles per hour. g. All driveways and sidewalks to be paved shall be completed as soon as possible.
Building pads shall be laid as soon as possible after grading unless seeding or soil binders are used.
h. Post a publicly visible sign with the telephone number and person to contact at the lead agency regarding dust complaints. This person shall respond and take corrective action within forty‐eight (48) hours. The Air District’s phone number shall also be visible to ensure compliance with applicable regulations. Please provide the BAAQMD’s complaint number on the sign: 24‐hour toll‐free hotline at 1‐800‐334‐ ODOR (6367).
i. All excavation, grading, and/or demolition activities shall be suspended when average wind speeds exceed twenty (20) miles per hour.
j. Vegetative ground cover (e.g., fast‐germinating native grass seed) shall be planted in disturbed areas as soon as possible and watered appropriately until vegetation is established.
99. DETAILING OF STORMWATER MANAGEMENT FACILITIES: Prior to the issuance of any grading or building permits, all pertinent details of any and all proposed stormwater management facilities, including, but not limited to, ditches, swales, pipes, bubble‐ups, dry wells, outfalls, infiltration trenches, detention basins and energy dissipaters, shall be provided on submitted grading and drainage plans, reviewed by the Engineering Division of the Parks and Public Works Department, and approved for implementation. 100. WATER FEATURES: New swimming pools, hot tubs, spas and/or fountains shall have a connection to the sanitary sewer system, subject to West Valley Sanitation District’s authority and standards, to facilitate draining events. Discharges from these feature(s) shall be directed to the sanitary sewer and are not allowed into the storm drain system. 101. SITE DRAINAGE: Rainwater leaders shall be discharged to splash blocks. On‐site drainage
ITEM NO. 18.
systems for all projects shall include one of the alternatives included in section C.3.i of the Municipal Regional NPDES Permit. These include storm water reuse via cisterns or rain barrels, directing runoff from impervious surfaces to vegetated areas and use of permeable surfaces. If stormwater treatment facilities are to be used, they shall be placed a minimum of ten (10) feet from the adjacent property line and/or right‐of‐way.
Alternatively, the facility(ies) may be located with an offset between 5 and 10 feet from the adjacent property and/or right‐of‐way line(s) if the responsible engineer in charge provides a stamped and signed letter that addresses infiltration and states how facilities, improvements and infrastructure will not adversely affect the adjacent property. No improvements shall obstruct or divert runoff to the detriment of an adjacent, downstream or down slope property.
TO THE SATISFACTION OF THE SANTA CLARA COUNTY FIRE DEPARTMENT:
102. 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.
103. 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. 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. All comments below that result from PRC 4290 are identified by **.
104. **WIDTH: (a) All roads shall be constructed to provide a minimum of two ten (10) foot traffic lanes, not including shoulder and striping. These traffic lanes shall provide for twoway traffic flow to support emergency vehicle and civilian egress, unless other standards are provided in this article or additional requirements are mandated by local jurisdictions or local subdivision requirements. Vertical clearances shall conform to the requirements in California Vehicle Code section 35250. (b) All one-way roads shall be constructed to provide a minimum of one twelve (12) foot traffic lane, not including shoulders. The local jurisdiction may approve one-way roads. (1) All one-way roads shall, at both ends, connect to a road with two traffic lanes providing for travel in different directions, and shall provide access to an area currently zoned for no more than ten (10) residential units. (2) In no case shall a one-way road exceed 2,640 feet in length. A turnout shall be placed and constructed at approximately the midpoint of each one-way road. (c) All driveways
ITEM NO. 18.
shall be constructed to provide a minimum of one (1) ten (10) foot traffic lane, fourteen (14) feet unobstructed horizontal clearance, and unobstructed vertical clearance of thirteen feet, six inches (13' 6”). California Code of Regulations, Title 14, Division 1.5, Chapter 7, Subchapter 2 Articles 1-5, § 1273.01.
-Approved Request of Exception PC 24-2558. See comment number 108 for conditions of approval.
105. **ROAD SURFACES: (a) Roads shall be designed and maintained to support the imposed load of fire apparatus weighing at least 75,000 pounds and provide an aggregate base. (b) Driveways and road and driveway structures shall be designed and maintained to support at least 40,000 pounds. (c) Project proponent shall provide engineering specifications to support design, if requested by the local authority having jurisdiction. California Code of Regulations, Title 14, Division 1.5, Chapter 7, Subchapter 2, Articles 1-5, § 1273.02. -Approved Request of Exception PC 24-2558. See comment number 108 for conditions of approval.
106. **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.
-Approved Request of Exception PC 24-2558. See comment number 108 for conditions of approval.
107. **RADIUS: (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. -Approved Request of Exception PC 24-2558. See comment number 108 for conditions of approval.
108. **TURNAROUND: (As noted on sheet A-4 and sheet 4) (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 ten-foot traffic lanes. California Code of Regulations, Title 14, Division 1.5, Chapter 7, Subchapter 2, Articles 1-5, § 1273.05.
-Approved Request of Exception PC 24-2558. See comment number 108 for conditions of approval.
ITEM NO. 18.
109. PRC 4290 REQUEST FOR EXCEPTION CONDITIONS OF APPROVAL:
a. A copy of the Alternate Means/Methods application form including approval signature, exhibits, and these comments shall be made part of the building permit drawing set, to be routed to Santa Clara County Fire Department for final approval. b. Sign(s) to be provided:
• At Reservoir St indicating the turnaround is onsite.
• At turnaround indicating the turnaround location and no parking in the turn around.
c. Language and location of these signs to be provided on building permit drawings, and approved prior to building permit issuance.
110. FIRE SPRINKLERS REQUIRED: (As Noted on Sheet A1) Approved automatic sprinkler systems in new and existing buildings and structures shall be provided in the locations described in this Section or in Sections 903.2.1 through 903.2.12 whichever is the more restrictive and Sections 903.2.14 through 903.2.21. For the purposes of this section, firewalls and fire barriers used to separate building areas shall be constructed in accordance with the California Building Code and shall be without openings or penetrations.
111. REQUIRED FIRE FLOW: (Letter received) The minimum require fireflow for this project is 875 Gallons Per Minute (GPM) at 20 psi residual pressure. This fireflow assumes installation of automatic fire sprinklers per CFC [903.3.1.3] 112. FIRE DEPARTMENT (ENGINE) DRIVEWAY TURNAROUND REQUIRED: (As noted on sheet A4 and sheet 4) Provide an approved fire department engine driveway turnaround with a minimum radius of 36 feet outside and 23 feet inside. 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.
-Approved Request of Exception PC 24-2558. See comment number 108 for conditions of approval.
113. 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. 114. WATER SUPPLY REQUIREMENTs: (As Noted on Sheet A1) Potable water supplies shall be protected from contamination caused by fire protection water supplies. It is the responsibility of the applicant and any contractors and subcontractors to contact the water purveyor supplying the site of such project, and to comply with the requirements of that purveyor. Such requirements shall be incorporated into the design of any waterbased fire protection systems, and/or fire suppression water supply systems or storage containers that may be physically connected in any manner to an appliance capable of causing contamination of the potable water supply of the purveyor of record. Final approval of the system(s) under consideration will not be granted by this office until compliance with the requirements of the water purveyor of record are documented by that purveyor as having been met by the applicant(s). 2019 CFC Sec. 903.3.5 and Health and Safety Code 13114.7.
ITEM NO. 18.
115. ADDRESS IDENTIFICATION: (As Noted on Sheet A1) New and existing buildings shall have approved address numbers, building numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Where required by the fire code official, address numbers shall be provided in additional approved locations to facilitate emergency response. Address numbers shall be Arabic numbers or alphabetical letters. Numbers shall be a minimum of 4 inches (101.6 mm) high with a minimum stroke width of 0.5 inch (12.7 mm). Where access is by means of a private road and the building cannot be viewed from the public way, a monument, pole or other sign or means shall be used to identify the structure. Address numbers shall be maintained. CFC Sec. 505.1. 116. CONSTRUCTION SITE FIRE SAFETY: (As Noted on Sheet A1) 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.
117. EMERGENCY GATE/ACCESS GATE REQUIREMENTS: (As Noted on Sheet A1) Gate installations shall conform with Fire Department Standard Details and Specification G-1 and, when open shall not obstruct any portion of the required width for emergency access roadways or driveways. Locks, if provided, shall be fire department approved prior to installation. Gates across the emergency access roadways shall be equipped with an approved access devices. If the gates are operated electrically, an approved Knox key switch shall be installed; if they are operated manually, then an approved Knox padlock shall be installed.
118. GENERAL: This review shall not be construed to be an approval of a violation of the provisions of the California Fire Code or of other laws or regulations of the jurisdiction. A permit presuming to give authority to violate or cancel the provisions of the fire code or other such laws or regulations shall not be valid. Any addition to or alteration of approved construction documents shall be approved in advance [CFC, Ch.1, 105.3.6].
ITEM NO. 18.
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ITEM NO. 18.
PREPARED BY: Sean Mullin, AICP
Planning Manager
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, and Community Development Director
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6872 www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 03/04/2025
ITEM NO: 11
DATE: February 27, 2025
TO: Town Council
FROM: Chris Constantin, Town Manager
SUBJECT: Consider an Appeal of a Planning Commission Decision to Approve a Request to Construct a New Single-Family Residence with Reduced Side and Rear Yard Setbacks, Site Improvements Requiring a Grading Permit, and Removal of Large Protected Trees on Vacant Property Zoned R-1:20. Located at 45 Reservoir Road. APN 529-33-054. Architecture and Site Application S-22-048. Categorically Exempt Pursuant to CEQA Guidelines Section 15303:
New Construction or Conversion of Small Structures. Property Owner: Farnaz Agahian. Applicant: Gary Kohlsaat, Architect. Appellant: Mary J. Vidovich.
Project Planner: Sean Mullin.
RECOMMENDATION:
Adopt a resolution (Attachment 6) denying an appeal of a Planning Commission decision to approve a request to construct a new single-family residence with reduced side and rear yard setbacks, site improvements requiring a Grading Permit, and removal of large protected trees on vacant property zoned R-1:20, located at 45 Reservoir Road.
BACKGROUND:
The subject property is located east of Reservoir Road and accessed via a private road serving several lots between Reservoir Road and Rogers Street (Attachment 1, Exhibit 1). The subject property is undeveloped and approximately 0.23 acres (10,000 square feet) with an average slope of 28 percent. In 2015, the Town issued Certificates of Compliance for six lots and approved a lot merger to combine the six lots into three lots. The three separate parcels include 55 and 60 Rogers Street, and the subject property at 45 Reservoir. The subject property is zoned R-1:20 and nonconforming as to size and width.
On November 17, 2022, the applicant submitted an Architecture and Site application for the construction of a two-story single-family residence with a cellar and associated site grading on EXHIBIT 4 Page 466
ITEM NO. 18.
PAGE 2 OF 6
SUBJECT: 45 Reservoir Road/S-22-048
DATE: February 27, 2025
the subject vacant property.
On January 8, 2025, the Planning Commission considered the application, including written and verbal public comments, and approved the request (Attachments 1 through 4).
On January 17, 2025, the decision of the Planning Commission was appealed to the Town Council by an interested person, Mary J. Vidovich, property owner of 47 Reservoir Road (Attachment 5). On the appeal form, the appellant indicated that there was an error or abuse of discretion by the Planning Commission.
Pursuant to the Town Code, any interested person as defined by Section 29.10.020 may appeal to the Council any decision of the Planning Commission. For residential projects, an interested person is defined as “a person or entity who owns property or resides within 1,000 feet of a property for which a decision has been rendered and can demonstrate that their property will be injured by the decision.” The appellant meets the requirements.
Pursuant to Town Code Section 29.20.280, the appeal must be heard within 56 days of the Planning Commission hearing, in this case by March 5, 2025. The Council must at least open the public hearing for the item and may continue the matter to a date certain if the Council does not complete its deliberations.
Pursuant to Town Code Section 29.20.295, in the appeal and based on the record, the appellant bears the burden to prove that either there was an error or abuse of discretion by the Planning Commission, or the decision was not supported by substantial evidence in the record. If neither is proved, the appeal should be denied. If the appellant meets the burden, the Council shall grant the appeal and may modify, in whole or in part, the determination from which the appeal was taken or, at its discretion, return the matter to the Planning Commission. If the basis for granting the appeal is, in whole or in part, information not presented to or considered by the Planning Commission, the matter shall be returned to the Planning Commission for review.
DISCUSSION:
A. Project Summary
The applicant proposes construction of a new 1,640-square foot, two-story residence with an attached two-car garage in a tandem configuration and an attached accessory dwelling unit (ADU) (Attachment 1, Exhibit 12). In addition to the 1,640 square feet countable toward the floor area ratio (FAR), the residence includes 1,287 square feet of below-grade square footage. The residence includes an attached 564 square-foot garage in a tandem configuration. The proposed garage includes 338 square feet of below grade square footage that does not count toward FAR. The garage also includes other areas that do count toward FAR: 163 square feet of above grade square footage; and 63 square feet of below grade square footage that extends beyond the footprint of the residence above. These areas are
ITEM NO. 18.
PAGE 3 OF 6
SUBJECT: 45 Reservoir Road/S-22-048
DATE: February 27, 2025
within the 400 square feet allowed for a garage on the property. An attached ADU is included on the second story of the residence. Consistent with state law, the ADU will be processed with a separate ministerial Building Permit, which is not the subject of this application. Much of the proposed residence would be located outside of the LRDA due to site and access constraints. The proposed residence, absent the ADU, would not be visible pursuant to the Hillside Development Standards and Guidelines (HDS&G), as only 22 percent would be visible from the viewing area located at Los Gatos-Saratoga Road (Highway 9) and Highway 17 (Attachment 1, Exhibit 12). Within the immediate neighborhood, the proposed project results in the seventh largest residence in terms of total square footage and the third largest in terms of FAR.
A single-family residence is permitted in the R-1:20 zone. The proposed residence is in compliance with the zoning regulations for allowable floor area, height, and on-site parking requirements for the property. The project requires a Grading Permit for site improvements with earthwork quantities exceeding 50 cubic yards. The project also requires exceptions to setbacks, road width, parking, driveway depth, grading depths, retaining wall heights, and least restrictive development area (LRDA). A full discussion and analysis of the application is provided in the January 8, 2025, Planning Commission Staff Report (Attachment 1).
B. Planning Commission
On January 8, 2025, the Planning Commission received the Staff Report and Desk Item (Attachment 1 and 2). After receiving public comment and asking questions of the applicant, the Planning Commission closed the public hearing and discussed the project. The Planning Commission voted four to two to approve the application. Attachment 3 contains the verbatim minutes.
C. Appeal to Town Council
The decision of the Planning Commission was appealed on January 17, 2025, by an interested person, Mary J. Vidovich (Attachment 5). On the appeal form, the appellant indicated that there was an error or abuse of discretion by the Planning Commission based on the following:
• Side and rear setbacks have been violated;
• Removal of protected mature oaks;
• Too many trees are being destroyed; and
• Some proposed plants are fire hazards.
Included with the appeal form were several exhibits supporting the main appeal points and raising additional points. A summary of the specific reasons listed in the appeal form and exhibits is provided below followed by staff’s response.
ITEM NO. 18.
PAGE 4 OF 6
SUBJECT: 45 Reservoir Road/S-22-048
DATE: February 27, 2025
1. Appellant: There was an error or abuse of discretion by the Planning Commission as the side and rear setbacks have been violated. Exhibit A included with the appeal documents provides the development standards in the R-1 zone.
Staff Response: The applicant requested an exception to the required setbacks for the nonconforming property under Section 29.10.265 (3) of the Town Code, providing evidence and justification for the request. The Planning Commission was able to make the findings to grant the exception and approve the project. A full discussion of the proposed setbacks is included in the January 8, 2025, Planning Commission Staff Report (Attachment 1).
2. Appellant: There was an error or abuse of discretion by the Planning Commission as the project includes the removal of protected oaks and too many trees are being destroyed.
Exhibit C included with the appeal documents provides information from the Town’s Tree Protection Ordinance and notes, documents, and pictures related to tree removal carried out by the previous property owner. Exhibit D includes excerpts from the Arborist Report prepared for the project.
Staff Response: The development plans were reviewed by the Town’s Consulting Arborist who inventoried 18 protected trees within the project area and made recommendations for their preservation (Attachment 1, Exhibit 8). The project proposes the removal of 10 protected trees to accommodate the new residence. The Landscape Plans indicate that 32 new trees will be planted on site to offset the proposed tree removal. The Planning Commission was able to make the findings for the project, including the proposed tree removal, and approved the project.
3. Appellant: There was an error or abuse of discretion by the Planning Commission as the project includes proposed plants that are fire hazards. Exhibit B included with the appeal documents includes excerpts from the Hillside Development Standards and Guidelines related to plants to avoid due to fire hazard.
Staff Response: The proposed trees in question are located at the base of the proposed retaining wall. The applicant indicated that the tree species, Thuja Green Giant, were selected for their fast-growing nature and slender form, given the limited space available for screening plantings. The January 8, 2025, Planning Commission Staff Report notes that the selected trees are located greater than 30 feet from the residence and would not be consistent with the Hillside Development Standards and Guidelines requirement that plant species in this zone be native and indigenous. Staff included a Condition to revise this species to be consistent with this requirement. The Planning Commission received feedback from the applicant who wished to keep the species as proposed because they could not find a viable alternative given the planting constraints.
The Planning Commission discussed the issue and chose not to modify the conditions in their approval of the project. The approved conditions require that the plans be revised
ITEM NO. 18.
PAGE 5 OF 6
SUBJECT: 45 Reservoir Road/S-22-048
DATE: February 27, 2025
such that all landscape species to be consistent with the Hillside Development Standards and Guidelines. Prior to the issuance of a Building Permit, the Thuja Green Giant trees at the base of the retaining wall will need to be replaced in response to this Condition.
4. Appellant: Exhibit E included with the appeal documents provides Town Code Section
24.10.080 – Town Initiated Parcel Mergers. Notes on the exhibit question the legality of the lot and whether there was a public hearing for the lot merger.
Staff Response: The Town issued Certificates of Compliance recognizing the legality of six underlying lots at 60 Rogers Street in 2015. A lot merger application was approved by the Development Review Committee at a duly noticed meeting on June 2, 2015. This lot merger combined the underlying lots into three lots: 55 and 60 Rogers Street; and 45 Reservoir Road. The approved lot merger was initiated by the property owner and was not initiated by the Town. Section 24.10.080 of the Town Code is not relevant and the 2015 lot merger is not the subject of this application.
5. Appellant: Exhibit F included with the appeal documents provides excerpts from the Town’s Consulting Architect report for the proposed project.
Staff Response: The Consulting Architect raised a concern related to the close proximity of the proposed resident to the private road. The Consulting Architect recognized that there may be little viable alternatives, and that the configuration may be acceptable given the private access road. The applicant responded to this concern, noting that the property shape and access through the lot is highly unusual and creates an undue hardship on the allowable building envelope that cannot be overcome, and that the road has been moved away from the building envelope as much as possible. The Planning Commission evaluated this issue in their deliberation and ultimately approved the project.
PUBLIC COMMENTS:
Story poles and signage were installed on the site by November 21, 2024, and have been maintained since the January 8, 2025, Planning Commission meeting. Written notice of the Town Council hearing was sent to property owners and tenants within 500 feet of the subject property. Public comments received between 11:01 a.m., Wednesday, January 8, 2025, and 11:00 a.m., Thursday, March 4, 2025, are included as Attachment 7.
ENVIRONMENTAL REVIEW:
The project is Categorically Exempt pursuant to the adopted Guidelines for the Implementation of the California Environmental Quality Act, Section 15303: New Construction.
ITEM NO. 18.
PAGE 6 OF 6
SUBJECT: 45 Reservoir Road/S-22-048
DATE: February 27, 2025
CONCLUSION:
A. Recommendation
For the reasons stated in this report, it is recommended that the Town Council uphold the decision of the Planning Commission and adopt a resolution (Attachment 6) denying the appeal.
B. Alternatives
Alternatively, the Town Council could continue the application to a date certain and:
1. Provide direction to staff to prepare a resolution to grant the appeal and remand the application back to the Planning Commission with specific direction;
2. Provide direction to staff to prepare a resolution granting the appeal and denying the application; or
3. Continue the application with other specific direction.
ATTACHMENTS:
1. January 8, 2025, Planning Commission Staff Report, with Exhibits 1 through 12
2. January 8, 2025, Planning Commission Desk Item, with Exhibit 13
3. January 8, 2025, Planning Commission Verbatim Minutes
4. January 8, 2025, Planning Commission Action Letter with Conditions of Approval
5. Appeal of the Planning Commission Decision, received January 17, 2025
6. Draft Resolution to Deny Appeal and Approve Project
7. Public comments received between 11:01 a.m., Wednesday, January 8, 2025, and 11:00 a.m., Thursday, February 27, 2025
ITEM NO. 18.
PREPARED BY: Sean Mullin, AICP
Planning Manager
Reviewed by: Community Development Director
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6872 www.losgatosca.gov
TOWN OF LOS GATOS
PLANNING COMMISSION
REPORT
MEETING DATE: 01/08/2025
ITEM NO: 7
DATE: January 3, 2025
TO: Planning Commission
FROM: Joel Paulson, Community Development Director
SUBJECT: Consider a Request for Approval to Construct a New Single-Family Residence with Reduced Side and Rear Yard Setbacks, Site Improvements Requiring a Grading Permit, and Removal of Large Protected Trees on a Nonconforming Vacant Property Zoned R-1:20. Located at 45 Reservoir Road. APN 529-33- 054. Architecture and Site Application S-22-048. Categorically Exempt Pursuant to CEQA Guidelines Section 15303: New Construction. Property Owner: Farnaz Agahian. Applicant: Gary Kohlsaat, Architect. Project Planner:
Sean Mullin.
RECOMMENDATION:
Consider a request for approval to construct a new single-family residence with reduced side and rear yard setbacks, site improvements requiring a Grading Permit, and removal of large protected trees on property zoned R-1:20, located at 45 Reservoir Road.
PROJECT DATA:
General Plan Designation: Low Density Residential
Zoning Designation: R-1:20, Single-Family Residential 20,000 square feet minimum Applicable Plans & Standards: General Plan; Residential Design Guidelines; Hillside Development Standards and Guidelines; Hillside Specific Plan Parcel Size: 10,000 square feet (0.23 acres)
Surrounding Area:
Existing Land Use General Plan Zoning
North Residential Medium Density Residential R-1D
South Residential Low Density Residential R-1:20
East Residential Low Density Residential R-1:10
West Residential Low Density Residential R-1:20
ATTACHMENT 1
ITEM NO. 18.
PAGE 2 OF 13
SUBJECT: 45 Reservoir Road/S-22-048
DATE: January 3, 2025
CEQA:
The project is Categorically Exempt pursuant to the adopted Guidelines for the Implementation of the California Environmental Quality Act, Section 15303: New Construction.
FINDINGS:
As required, the project is Categorically Exempt pursuant to the adopted Guidelines for the Implementation of the California Environmental Quality Act, Section 15303: New Construction.
As required by Section 29.10.265 of the Town Code for modification of zoning rules on nonconforming lots to allow exceptions to side and rear setbacks, driveway/access road width, and driveway depth on a nonconforming property.
As required by Section 29.10.150 (h)(2) of the Town Code to allow an exception to parking requirements when a lot does not have adequate area to provide parking as required. The project meets the objective standards of Chapter 29 of the Town Code (Zoning Regulations) except for the side and rear setbacks, driveway/access road width, parking configuration and dimensions, and driveway depth.
The project is in compliance with the Residential Design Guidelines for single-family residences.
As required, that other than the exceptions to grading depths, retaining wall heights, and buildings located outside of the least restrictive development area (LRDA), the project complies with the Hillside Development Standards and Guidelines (HDS&G). As required, that other than an exception to the guest parking requirement, the project complies with the Hillside Specific Plan (HSP).
CONSIDERATIONS:
As required by Section 29.20.150 of the Town Code for granting approval of an Architecture and Site application.
ACTION:
The decision of the Planning Commission is final unless appealed within ten days.
BACKGROUND:
The subject property is located east of Reservoir Road and accessed via a private road serving several lots between Reservoir Road and Rogers Street (Exhibit 1). The subject property is undeveloped and approximately 0.23 acres (10,000 square feet) with an average slope of 28 percent. In 2015, the Town issued Certificates of Compliance for six lots and approved a lot merger to combine the six lots into three lots. The three separate parcels include 55 and 60 Rogers Street, and the subject property at 45 Reservoir. The subject property is zoned R-1:20
ITEM NO. 18.
PAGE 3 OF 13
SUBJECT: 45 Reservoir Road/S-22-048
DATE: January 3, 2025
and nonconforming as to size and width. The Architecture and Site application has been referred to the Planning Commission based on concerns related to the proposed intensity of development and the applicant’s request for exceptions to setback requirements, road width, parking, driveway depth, grading depths, retaining wall heights, and LRDA.
PROJECT DESCRIPTION:
A. Location and Surrounding Neighborhood
The subject property is located east of Reservoir Road and accessed via a private driveway that bisects the property and serves several lots between Reservoir Road and Rogers Street (Exhibit 1). Single-family residential development surrounds the property. The property ascends approximately 14 feet from north-to-south to the private road, from which the property ascends an additional 30 feet to the south property line. The LRDA is concentrated in the southern (rear) portion of the property and the area of the existing private road.
B. Project Summary
The applicant proposes construction of a two-story residence with an attached two-car garage. The project includes areas of below-grade square footage that would not count toward the size of the residence. An attached ADU is included on the second story of the residence. Consistent with state law, the ADU will be processed with a separate ministerial Building Permit and is not the subject of this application. Much of the proposed residence would be located outside of the LRDA due to site and access constraints. The proposed residence, absent the ADU, would not be visible pursuant to the HDS&G, as only 22 percent would be visible from the viewing area located at Los Gatos-Saratoga Road (Highway 9) and Highway 17 (Exhibit 12). The project requires a Grading Permit for site improvements for earthwork quantities exceeding 50 cubic yards. The project also requires exceptions to setbacks, road width, parking, driveway depth, grading depths, retaining wall heights, and LRDA.
C. Zoning Compliance
A single-family residence is permitted in the R-1:20 zone. The proposed residence is in compliance with the zoning regulations for allowable floor area, height, and on-site parking requirements for the property. The applicant requests exceptions to the zoning standards for side and rear setbacks, parking, and driveway depth.
ITEM NO. 18.
PAGE 4 OF 13
SUBJECT: 45 Reservoir Road/S-22-048
DATE: January 3, 2025
DISCUSSION:
A. Architecture and Site Analysis
The applicant proposes construction of a new 1,640-square foot, two-story residence with an attached two-car garage in a tandem configuration and an attached ADU (Exhibit 12).
The project proposes a traditional Mediterranean style residence with subdued colors to blend with the surrounding hillside environment (Exhibit 4). The applicant has provided a Letter of Justification detailing the project and the requested exceptions to the requirements of the Town Code, HDS&G, and HSP (Exhibit 5). In addition to the 1,640 square feet of countable FAR, the residence includes 1,287 square feet of below-grade square footage. The residence includes an attached 564 square-foot garage in a tandem configuration. The proposed garage includes 338 square feet of below grade square footage that does not count toward FAR. The garage also includes areas that do count toward FAR:
163 square feet of above grade square footage; and 63 square feet of below grade square footage that extends beyond the footprint of the residence above. These areas are within the 400 square feet allowed for a garage on the property. A summary of the floor area for the proposed residence is included in the table below.
Floor Area
Above Grade Below Grade Below Grade
Beyond Footprint
Totals
Lower Floor 313 sf 1,287 sf 0 sf 1,600 sf
Main Floor 1,327 sf 0 sf 0 sf 1,327 sf
Garage (Lower Floor) 163 sf 338 sf 63 sf 564 sf
Totals 1,803 sf 1,625 sf 63 sf 3,491 sf
Table does not include 516 sf attached ADU.
The proposed residence would be sited in the middle of the property, uphill from the private road (Exhibit 12). The residence would extend outside of the LRDA and requires reduced side and rear setbacks. The maximum height of the proposed residence is 24 feet, nine inches, where a maximum of 30 feet is allowed by the Town Code and a maximum of 25 feet is allowed by the HDS&G for nonvisible homes. The project requires a Grading Permit for site improvements for earthwork quantities exceeding 50 cubic yards. The project also requires exceptions to setbacks, road width, parking, driveway depth, grading depths, retaining wall heights, and LRDA.
B. Building Design
The applicant proposes a traditional Mediterranean style residence with subdued colors to blend with the surrounding hillside environment (Exhibit 12). Proposed exterior materials include: a concrete tile roof; integral-colored smooth coat stucco siding with a belly band; metal-clad wood windows and doors; cast stone columns, trim, and windowsills; and
ITEM NO. 18.
PAGE 5 OF 13
SUBJECT: 45 Reservoir Road/S-22-048
DATE: January 3, 2025
painted metal railings (Exhibit 4). The proposed exterior materials comply with the HDS&G standard for nonvisible homes, each having a light reflectivity value (LRV) less than 30.
The proposed residence has been designed to bench into the hillside to reduce building height and locate a significant portion of the massing below grade. The residence strategically incorporates hipped and flat roof forms to maintain compliance with the HDS&G maximum height standard of 25 feet. The proposed tandem garage configuration reduces the prominence of the street-facing garage while providing two parking spaces; although only one of the spaces meets the dimension requirements by the Town Code. An additional compliant on-site guest parking space is located north of the private road.
The Town’s Consulting Architect reviewed the proposed residence and noted that the site slope, the fragmentation of the site into two parts, and the resultant small amount of developable area on the site are major constraints for this project (Exhibit 6). The Consulting Architect identified two issues and concerns and provided recommendations for changes to increase compatibility with the Residential Design Guidelines and the immediate neighborhood. In response to these recommendations, the applicant made modifications to the design of the residence and submitted a letter responding to the recommendations (Exhibit 7). The Consulting Architect’s issues and recommendations are provided below, followed by the applicant’s response in italics.
1. The tall side walls are not consistent with Residential Design Guideline 3.3.3.
Recommendation: Add projecting molding at the proposed color change. Note that the use of two wall colors or the use of a single color would both be acceptable.
A projecting molding has been added at the horizontal color change location around the entire perimeter of the building.
2. A second issue is of more concern and may not have a viable alternative aside from a smaller building footprint and volume. The issue is that the proposed house is quite close to the road and appears to be closer to the road than other nearby homes. This may be acceptable given the private access road, but it seems out of character with its current semirural, wooded environment.
The property shape and access through the lot is highly unusual and creates an undue hardship on the allowable building envelope that we cannot overcome. The road has been moved away from the building envelope as much as possible.
C. Height
The proposed residence would not be visible, as defined by the HDS&G, being 22 percent visible from the viewing area located at Los Gatos-Saratoga Road and Highway 17 (Exhibit 12, Sheets A-12 and A-13). Heights of nonvisible homes are limited by the HDS&G to a
ITEM NO. 18.
PAGE 6 OF 13
SUBJECT: 45 Reservoir Road/S-22-048
DATE: January 3, 2025
maximum of 25 feet at any point and a low-to-high dimension of 35 feet. The proposed residence complies with these standards having a maximum height of 24 feet, nine inches; and a low-to-high dimension of 26 feet, three inches.
D. Neighborhood Compatibility
Pursuant to the Town Code, the maximum allowable floor area for the subject property is 1,656 square feet for the residence and 400 square feet for the garage. The following table reflects the current conditions of the homes in the immediate area and the proposed project.
FAR Comparison - Neighborhood Analysis
Address Zoning Gross Lot
Area SF House SF Garage SF Total SF HouseFAR
No. of
Stories
56 Cleland Ave R-1D 9,580 1,372 251 1,623 0.14 1
80 Cleland Ave R-1D 15,649 972 341 1,313 0.06 1
90 Cleland Ave R-1D 19,038 1,728 264 1,992 0.09 1
36 Rogers Rd R-1:10 39,472 4,833 704 5,537 0.12 2
26 Rogers Rd R-1:10 17,275 3,081 462 3,543 0.18 2
49 Reservoir Rd R-1:20 18,613 3,012 962 3,974 0.16 2
47 Reservoir Rd R-1:20 19,151 1,799 180 1,979 0.09 1
60 Rogers Rd R-1:20 15,512 2,592 857 3,449 0.17 1
45 Reservoir Rd (P) R-1:20 10,000 1,640 226 1,640 0.16 2 The eight properties in the immediate area are developed with one- and two-story residences and include a mix of architectural styles. The property sizes within the immediate area range from 0.22 to 0.91 acres. Based on Town and County records, the size of the residences located in the immediate area range from 972 square feet to 4,833 square feet. The applicant is proposing a residence of 1,640 square feet with an attached garage of 226 square feet. The 0.23-acre parcel allows for a maximum residence size of 1,656 square feet and a maximum garage size of 400 square feet by the Town Code. The proposed residence would be the seventh largest in terms of total square footage and the third largest in terms of FAR.
E. Site Design
The undeveloped property is approximately 10,000 square feet, located east of Reservoir Road and accessed via a private road that bisects the property and serves several lots between Reservoir Road and Rogers Street (Exhibit 1). The property has an average slope of 28 percent and ascends approximately 14 feet from north-to-south to the private road, from which the property ascends an additional 30 feet to the south property line (Exhibit 12). The LRDA is concentrated in the southern (rear) portion of the property and in the road area. The proposed residence is located on the south side of the private road, benched into
ITEM NO. 18.
PAGE 7 OF 13
SUBJECT: 45 Reservoir Road/S-22-048
DATE: January 3, 2025
the hillside and extending outside of the limits of the LRDA. The proposed rear yard area is limited in size and formed by two retaining walls with maximum heights of five feet.
Exterior access around the residence is provided by a stairway along the left side of the residence. The front yard area includes the existing private road, a guest parking space, and a firetruck turnaround. The required turnaround is located downslope of the residence utilizing a portion of the private road and requiring construction of retaining walls with a maximum height of 15 feet, six inches.
The proposed site design requires approval of several exceptions to the Town Code, HDS&G, and HSP including:
• Required 15-foot side and 25-foot rear setbacks (Town Code); • Driveway/access road with a minimum width of 18 feet (Town Code); • Two off-street parking spaces, configuration, and dimensions (Town Code); • Driveway depth of at least 18 feet in length (Town Code); • Grading depths shall not exceed four feet of cut and/or three feet of fill (HDS&G); • Retaining wall heights should not be higher than five feet (HDS&G); • Buildings shall be located within the LRDA (HDS&G); and • Four guest parking spaces shall be provided (HSP)
Setbacks:
The R-1:20 zone requires a minimum lot size of 20,000 square feet; a lot width of 100 feet; and minimum setbacks of 30 feet in the front, 25 feet in the rear, and 15 feet on the sides.
The subject property was the product of a 2015 merger of six lots into three lots. What resulted was a lot that is nonconforming with an area of 10,000 square feet and a width of 83 feet. In addition to these nonconforming characteristics, the lot is further burdened with a private access road that bisects the property near the middle. As a result, the building envelope is limited to the southern portion of the property, south of the private road.
The proposed two-story residence meets the required front setback, and includes a rear setback of 19 feet, seven inches, and sides setbacks of 12 feet, 10 inches, and 12 feet, six inches. The applicant’s Letter of Justification notes that the nonconforming characteristics of the lot and the location of the existing private road necessitate reduced side and rear setbacks (Exhibit 5). The requested reduced setbacks allow the residence, with the desired architectural program, to be less visible and comply with the height limitations.
Town Code Section 29.10.265 (3) allows the Planning Commission to modify any rule of the zone including front, side, and rear setback requirements so that the building and its use will be compatible with the neighborhood. A review of Town records shows that the proposed setbacks would be compatible with three residences in the immediate neighborhood that include setbacks that do not meet the requirements of the zone.
ITEM NO. 18.
PAGE 8 OF 13
SUBJECT: 45 Reservoir Road/S-22-048
DATE: January 3, 2025
Driveway/Access Road Width:
Town Code Section 29.10.155 requires driveways/access roads to be at least 18 feet wide.
The existing private road varies in width as it traverses six properties between Reservoir Road and Rogers Street. The road width does not meet Town Code standards in numerous locations. The applicant proposes to widen portions of the road on their property to meet the 18-foot requirement, but notes in their Letter of Justification that they do not control the portions of the road that are not on the subject property (Exhibit 5). The applicant continues that they balanced the road widening with fire access, tree preservation, and existing conditions in addressing this requirement. The applicant requests an exception to the road width requirement.
Required Off-Street Parking:
Pursuant to Town Code Section 29.10.155 (d)(3), when a garage is used to accommodate the two required parking spaces for single-family dwellings, the garage must have interior clear dimensions of at least 20 feet by 20 feet. This requirement results in a side-by-side parking configuration. The applicant proposes an attached two-car garage in a tandem configuration. Of the two provided parking spaces within the garage, one meets the minimum dimensions for a single-car garage parking space of 11 feet by 20 feet. The applicant requests an exception to allow the tandem configuration and the dimensions of the second parking space to be reduced to 11 feet by 18 feet. Section 29.10.150 (h)(2) allows the deciding body to consider an exception when the lot does not have adequate area to provide parking as required. In their Letter of Justification, the applicant notes that an 18-foot-long parking space is still practical and would provide for additional backup space (Exhibit 5).
Driveway/Backup Distance:
The Town Code requires that garages opening up onto a street be served by a driveway with a length not be less than 18 feet. Given the site constraints, a complaint driveway is not feasible. The proposed driveway is approximately three feet, six inches at its shortest point.
The width of the roadway and firetruck turnaround adjacent to the garage is 49 feet, five inches and would provide ample back up distance for vehicles exiting the garage. The private road serves five other properties and vehicular traffic is anticipated to be minimal, limiting potential conflicts with the proposed driveway configuration. The applicant requests an exception to the driveway depth requirement due to the constraints of the site.
Grading Depths:
The HDS&G limits grading depths outside of the footprint of a primary residence to four feet of cut and three feet of fill. The proposed site work includes cut depths of eight feet, three inches in the rear yard area where retaining walls would be used to create a limited outdoor
ITEM NO. 18.
PAGE 9 OF 13
SUBJECT: 45 Reservoir Road/S-22-048
DATE: January 3, 2025
living area. The required firetruck turnaround requires backfill of the proposed retaining walls with depths up to 15 feet, six inches. In their Letter of Justification, the applicant notes that inclusion of an on-site turnaround is unavoidable due to the configuration of the private road (Exhibit 5). The applicant also notes that the required backfill for the turnaround will help reduce soil off haul from the excavation for the residence by allowing the spoils to be used as fill.
Retaining Wall Heights:
The HDS&G includes a guideline that retaining walls should not exceed a height of five feet and that when additional retained heights are needed due to extreme site conditions, the use of multiple terraced retaining walls is preferred. The proposed on-site firetruck turnaround is required since the private roadway connecting Reservoir Road and Rogers Street includes a turn onto Rogers Street with a radius that is too sharp for firetruck circulation. Due to the numerous constraints of the site and the dimension and slope requirements of a turnaround, the applicant proposes retaining walls on the north portion of the property with heights between five feet and fifteen feet, six inches. Due to the limited space available to provide a turnaround, the use of terraced retaining walls is not feasible. In their Letter of Justification, the applicant requests an exception and notes the dimension and slope requirements of the turnaround area, which necessitates the tall retaining walls (Exhibit 5). The applicant proposes soldier pile and wood lagging retaining walls to provide a natural appearance. The Landscape Plans show that nine 24-inch box Thuja green giant trees would be planted at the base of the wall to provide screening and reduce the visual impact of the walls. These proposed trees are located greater than 30 feet from residence and would not be consistent with the HDS&G requirement that plant species in this zone be native and indigenous. The draft conditions of approval include a condition to revise this species to be consistent with this requirement.
Buildings Outside of the LRDA:
The HDS&G includes a standard requiring that buildings be located in the LRDA. The LRDA on the subject property is concentrated in the southern (rear) portion of the property and the area of the existing private road. Much of the proposed residence would extend outside of the LRDA limits due to the limited areas of LRDA and other site constraints. In their Letter of Justification, the applicant describes the limited LRDA and that there is not enough area to allow the construction of a new residence. Due to site constraints, the applicant requests an exception to allow the building to be located outside of the limited LRDA.
Guest Parking:
Four additional guest parking spaces are required by the HSP. One guest space is proposed on the north side of the private road. The applicant’s Letter of Justification notes that the size and configuration of the lot, along with the prioritization of site access for residents and
ITEM NO. 18.
PAGE 10 OF 13
SUBJECT: 45 Reservoir Road/S-22-048
DATE: January 3, 2025
the fire department, have made it challenging to provide all four guest spaces (Exhibit 5).
The applicant requests an exception to allow only one guest parking space.
F. Tree Impacts
The development plans were reviewed by the Town’s Consulting Arborist who inventoried 18 protected trees within the project area and made recommendations for their preservation (Exhibit 8). The project proposes removal of 10 protected trees to accommodate the new residence. Tree protection measures are included on Sheet A-5 of the development plans (Exhibit 12). In response to the Consulting arborists recommendations, the applicant adjusted the location of drainage infrastructure to reduce impacts to existing oak trees. The Landscape Plans indicate that 32 new trees will be planted on site to offset the proposed tree removal. If the project is approved, tree protection measures would be implemented prior to construction and maintained for the duration of construction activity. Arborist recommendations for tree protection have been included in the Conditions of Approval to mitigate impacts to protected trees (Exhibit 3).
G. Visibility
Pursuant to the HDS&G, a visible home is defined as a single-family residence where 24.5 percent or more of an elevation can be seen from any of the Town’s established viewing areas. The applicant’s visibility analysis provides a perspective of the proposed residence from the viewing area located at Los Gatos-Saratoga Road (Highway 9) and Highway 17 (Exhibit 12). The provided analysis shows that the proposed residence would be 22 percent visible and is considered not visible by the HDS&G. Nonvisible homes shall not exceed a height of 25 feet and a low-to-high height of 35 feet. As discussed above, the proposed residence complies with these HDS&G height standards. Several on-site trees screen the residence and meet the health requirements for inclusion in the visibility calculation.
Conditions of approval are included in Exhibit 3 requiring maintenance of the existing trees to remain and replacement of any trees used in the visibility analysis if they die or are removed. Additionally, the LRV of all exterior materials for nonvisible residences may be averaged and may not exceed an average LRV of 30. The proposed residence would meet the LRV limitations as shown on the provided color and materials board (Exhibit 4).
H. Grading
The Site Planning Section of the HDS&G limits site grading cut depths to a maximum of four feet and fill depths to a maximum of three feet. As discussed above, the applicant is requesting an exception to the cut depth limitations to allow a maximum cut of eight feet, three inches in the rear yard area where retaining walls would be used to create a limited outdoor area. Additionally, the applicant is requesting an exception to the fill depth limitations to allow a maximum fill depth of 15 feet, six inches in portions of the driveway and fire truck turnaround area to meet the requirements of the Santa Clara County Fire
ITEM NO. 18.
PAGE 11 OF 13
SUBJECT: 45 Reservoir Road/S-22-048
DATE: January 3, 2025
Department. The applicant has included a Letter of Justification addressing the requested exceptions (Exhibit 5). This application has been reviewed and approved by the Town’s Engineering Division and the Santa Clara County Fire Department.
The project also includes site improvements with grading quantities exceeding 50 cubic yards, which requires approval of a Grading Permit. The Town’s Parks and Public Works Engineering staff have included a condition of approval requiring submittal and evaluation of a Grading Permit in parallel with the required Building Permits (Exhibit 3).
I. Neighbor Outreach
In their Letter of Justification, the applicant provides a summary of their neighbor outreach efforts (Exhibit 5).
J. CEQA Determination
The project is Categorically Exempt pursuant to the adopted Guidelines for the Implementation of the California Environmental Quality Act, Section 15303: New Construction.
PUBLIC COMMENTS:
Story poles and project signage were installed on the site by November 21, 2024, in anticipation of the January 8, 2025, Planning Commission hearing (Exhibit 9). Public comments received by 11:00 a.m., Friday, January 3, 2025, are included as Exhibit 11.
CONCLUSION:
A. Summary
The applicant is requesting approval of an Architecture and Site application for construction of a new a single-family residence with reduced side and rear yard setbacks, site improvements requiring a Grading Permit, and removal of large protected trees on a nonconforming vacant property. The residence is well designed and compatible with the immediate area. The project is consistent with the Zoning and General Plan Land Use Designation for the property. Due to the desired architectural program and the constraints of the site, the applicant is requesting exceptions to setbacks, road width, parking, driveway depth, grading depths, retaining wall heights, and LRDA, and has provided a Letter of Justification discussing these requested exceptions (Exhibit 5). Aside from the requested exceptions, the project complies with the Zoning Code, Hillside Development Standards and Guidelines, and Hillside Specific Plan.
ITEM NO. 18.
PAGE 12 OF 13
SUBJECT: 45 Reservoir Road/S-22-048
DATE: January 3, 2025
B. Recommendation
Staff recommends that the Planning Commission consider the request and, if merit is found with the proposed project, take the following steps to approve the Architecture and Site application:
1. Make the finding that the proposed project is Categorically Exempt, pursuant to the adopted Guidelines for the implementation of the California Environmental Quality Act, Section 15303: New Construction (Exhibit 2);
2. Make the finding as required by Section 29.10.265 of the Town Code to allow exceptions to side and rear setbacks, driveway/access road width, and driveway depth on a nonconforming property (Exhibit 2);
3. Make the finding as required by Section 29.10.150 (h)(2) of the Town Code to allow an exception to parking requirements when a lot does not have adequate area to provide parking as required;
4. Make the finding that the project complies with the objective standards of Chapter 29 of the Town Code (Zoning Regulations) except for the side and rear setbacks; driveway/access road width; parking configuration and dimensions; and driveway depth (Exhibit 2);
5. Make the finding that the project is in compliance with the Residential Design Guidelines for single-family residences (Exhibit 2);
6. Make the finding that due to the constraints of the site, exceptions to grading depths, retaining wall heights, and buildings located outside of the Least Restrictive development Area (LRDA) appropriate, and the project is otherwise in compliance with the applicable sections of the Hillside Development Standards and Guidelines (Exhibit 2);
7. Make the finding that other than an exception to the guest parking requirement, the project complies with the Hillside Specific Plan (Exhibit 2);
8. Make the considerations as required by Section 29.20.150 of the Town Code for granting approval of an Architecture and Site application (Exhibit 2); and
9. Approve Architecture and Site Application S-22-048 with the conditions contained in Exhibit 3 and the development plans in Exhibit 12.
C. Alternatives
Alternatively, the Planning Commission can:
1. Continue the matter to a date certain with specific direction; or
2. Approve the application with additional and/or modified conditions; or
3. Deny the application.
ITEM NO. 18.
PAGE 13 OF 13
SUBJECT: 45 Reservoir Road/S-22-048
DATE: January 3, 2025
EXHIBITS:
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. Story Pole Photos
10. Site Photos
11. Public comments received by 11:00 a.m., Friday, January 3, 2025
12. Development Plans
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ITEM NO. 18.
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EXHIBIT 1
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ITEM NO. 18.
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DEVELOPMENT REVIEW COMMITTEE – January 8, 2025
REQUIRED FINDINGS AND CONSIDERATIONS FOR:
45 Reservoir Road
Architecture and Site Application S-22-048
Consider a Request for Approval to Construct a New Single-Family Residence with Reduced Side and Rear Yard Setbacks, Site Improvements Requiring a Grading Permit, and Removal of Large Protected Trees on a Nonconforming Vacant Property Zoned R1:20. APN 529-33-054. Categorically Exempt Pursuant to CEQA Guidelines Section 15303: New Construction.
Property Owner: Farnaz Agahian
Applicant: Gary Kohlsaat, Architect
Project Planner: Sean Mullin
FINDINGS
Required finding for CEQA:
■ The project is Categorically Exempt pursuant to the adopted Guidelines for the Implementation of the California Environmental Quality Act, Section 15303: New Construction.
Required finding for a setback exception on a non-conforming property:
■ As required by Section 29.10.265 of the Town Code for modification of zoning rules on nonconforming lots, including setback requirements, driveway/access road width, and driveway depth:
1. The subject property is nonconforming with regard to lot size; and
2. The side and rear setbacks, driveway/access road width; and driveway depth of the new residence are compatible with the neighborhood.
Required finding for exemption to parking requirements:
■ As required by Section 29.10.150 (h)(2) of the Town Code to allow an exception to parking requirements, the lot does not have adequate area to provide parking as required.
Required compliance with the Zoning Regulations:
■ The project meets the objective standards of Chapter 29 of the Town Code (Zoning Regulations) except for the side and rear setbacks, driveway/access road width,
ITEM NO. 18.
\\tlg-file\data\SHARE\PLANNING COMMISSION REPORTS\2025\01-08-2025\Item 7 - 45 Reservoir Rd\Exhibit 2 - Required Findings and Considerations docx
parking configuration and dimensions, and driveway depth and the findings for these exceptions can be made.
Required compliance with the Residential Design Guidelines:
■ The project complies with the Residential Design Guidelines for single-family residences.
Required compliance with the Hillside Development Standards and Guidelines:
■ The project complies with the Hillside Development Standards and Guidelines except for the exceptions to grading depths, retaining wall heights, and buildings located outside of the least restrictive development area.
Required compliance with the Hillside Specific Plan:
■ As required, the project complies with the Hillside Specific Plan except for the exception to the guest parking requirement.
CONSIDERATIONS
Required considerations in review of Architecture and Site applications:
■ As required by Section 29.20.150 of the Town Code, the considerations in review of an Architecture and Site application were all made in reviewing this project.
ITEM NO. 18.
PLANNING COMMISSION – January 8, 2025
CONDITIONS OF APPROVAL
45 Reservoir Road
Architecture and Site Application S-22-048
Consider a Request for Approval to Construct a New Single-Family Residence with Reduced Side and Rear Yard Setbacks, Site Improvements Requiring a Grading Permit, and Removal of Large Protected Trees on a Nonconforming Vacant Property Zoned R-1:20. APN 529-33-054. Categorically Exempt Pursuant to CEQA Guidelines Section 15303: New Construction.
Property Owner: Farnaz Agahian
Applicant: Gary Kohlsaat, Architect
Project Planner: Sean Mullin
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, DRC, or the Planning Commission depending on the scope of the changes.
2. EXPIRATION: The approval will expire two years from the approval date pursuant to Section 29.20.320 of the Town Code, unless the approval has been vested.
3. OUTDOOR LIGHTING: Exterior lighting shall be kept to a minimum, and shall be down directed fixtures that will not reflect or encroach onto adjacent properties. No flood lights shall be used unless it can be demonstrated that they are needed for safety or security.
4. TREE REMOVAL PERMIT: A Tree Removal Permit shall be obtained for any trees to be removed, prior to the issuance of a building or grading permit.
5. EXISTING TREES: All existing trees shown on the plan and trees required to remain or to be planted are specific subjects of approval of this plan, and must remain on the site.
6. 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.
7. 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.
8. TREE STAKING: All newly planted trees shall be double-staked using rubber tree ties.
EXHIBIT 3
ITEM NO. 18.
9. LANDSCAPE SPECIES: Revise all landscape species to be consistent with the Hillside Development Standards and Guidelines.
10. FRONT YARD LANDSCAPE: Prior to issuance of a Certificate of Occupancy the front yard must be landscaped.
11. WATER EFFICIENCY LANDSCAPE ORDINANCE: The final landscape plan shall meet the Town of Los Gatos Water Conservation Ordinance or the State Water Efficient Landscape Ordinance, whichever is more restrictive. A review fee based on the current fee schedule adopted by the Town Council is required when working landscape and irrigation plans are submitted for review.
12. STORY POLES/PROJECT IDENTIFICATION SIGNAGE: Story poles and/or project identification signage on the project site shall be removed within 30 days of approval of the Architecture & Site application.
13. EXTERIOR COLORS: The exterior colors of all structures shall comply with the Hillside Development Standards & Guidelines.
14. 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.
15. 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.
16. TREE DEED RESTRICTION: Prior to issuance of a building permit, a deed restriction shall be recorded by the applicant with the Santa Clara County Recorder’s Office that identifies the on-site trees that were used to provide screening in the visibility analysis and requires their replacement if they die or are removed.
17. 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 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
ITEM NO. 18.
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.
18. 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 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.
ITEM NO. 18.
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.
19. 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 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.
20. DUSKY-FOOTED WOODRATS: This project will implement the following standard measures to minimize impacts on woodrats and active woodrat nests on the project site.
ITEM NO. 18.
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.
21. TOWN INDEMNITY: Applicants are notified that Town Code Section 1.10.115 requires that any applicant who receives a permit or entitlement (“the Project”) from the Town shall defend (with counsel approved by Town), indemnify, and hold harmless the Town, its agents, officers, and employees from and against any claim, action, or proceeding (including without limitation any appeal or petition for review thereof) against the Town or its agents, officers or employees related to an approval of the Project, including without limitation any related application, permit, certification, condition, environmental determination, other approval, compliance or failure to comply with applicable laws and regulations, and/or processing methods (“Challenge”). Town may (but is not obligated to) defend such Challenge as Town, in its sole discretion, determines appropriate, all at applicant’s sole cost and expense.
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
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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.
22. COMPLIANCE MEMORANDUM: A memorandum shall be prepared and submitted with the building plans detailing how the Conditions of Approval will be addressed.
Building Division
23. 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 that is required by the California Energy Code.
24. 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.
25. 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.
26. BUILDING & SUITE NUMBERS: Submit requests for new building addresses to the Building Division prior to submitting for the building permit application process.
27. SIZE OF PLANS: Minimum size 24” x 36”, maximum size 30” x 42”.
28. 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.
29. 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.
30. FOUNDATION INSPECTIONS: A pad certificate prepared by a licensed civil engineer or land surveyor shall be submitted to the project Building Inspector at foundation inspection. This certificate shall certify compliance with the recommendations as specified in the Soils Report, and that the building pad elevations and on-site retaining wall locations and elevations have been prepared according to the approved plans. Horizontal and vertical controls shall be set and certified by a licensed surveyor or registered Civil Engineer for the following items:
a. Building pad elevation
b. Finish floor elevation
ITEM NO. 18.
c. Foundation corner locations
d. Retaining wall(s) locations and elevations
31. TITLE 24 ENERGY COMPLIANCE: All required California Title 24 Energy Compliance Forms must be blue-lined (sticky-backed), i.e., directly printed, onto a plan sheet.
32. TOWN RESIDENTIAL ACCESSIBILITY STANDARDS: New residential units shall be designed with adaptability features for single-family residences per Town Resolution 1994-61:
a. Wood backing (2” x 8” minimum) shall be provided in all bathroom walls, at water closets, showers, and bathtubs, located 34 inches from the floor to the center of the backing, suitable for the installation of grab bars if needed in the future. b. All passage doors shall be at least 32-inch-wide doors on the accessible floor level. c. The primary entrance door shall be a 36-inch-wide door including a 5’x 5’ level landing, no more than 1 inch out of plane with the immediate interior floor level and with an 18-inch clearance at interior strike edge.
d. A door buzzer, bell or chime shall be hard wired at primary entrance.
33. BACKWATER VALVE: The scope of this project may require the installation of a sanitary sewer backwater valve per Town Ordinance 6.50.025. Please provide information on the plans if a backwater valve is required and the location of the installation. The Town of Los Gatos Ordinance and West Valley Sanitation District (WVSD) requires backwater valves on drainage piping serving fixtures that have flood level rims less than 12 inches above the elevation of the next upstream manhole.
34. HAZARDOUS FIRE ZONE: All projects in the Town of Los Gatos require Class A roof assemblies.
35. WILDLAND-URBAN INTERFACE: This project is located in a Wildland-Urban Interface High Fire Area and must comply with Section R337 of the 2019 California Residential Code, Public Resources Code 4291 and California Government Code Section 51182.
36. 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.
37. 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.
38. 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.
39. BLUEPRINT FOR A CLEAN BAY SHEET: The Town standard Santa Clara Valley Nonpoint Source Pollution Control Program Sheet (page size same as submitted drawings) shall be part of the plan submittal as the second page. The specification sheet is available online at www.losgatosca.gov/building.
40. APPROVALS REQUIRED: The project requires the following departments and agencies approval before issuing a building permit:
ITEM NO. 18.
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
41. GENERAL: All public improvements shall be made according to the latest adopted Town Standard Plans, Standard Specifications and Engineering Design Standards. All work shall conform to the applicable Town ordinances. The adjacent public right-of-way shall be kept clear of all job-related mud, silt, concrete, dirt and other construction debris at the end of the day. Dirt and debris shall not be washed into storm drainage facilities. The storing of goods and materials on the sidewalk and/or the street will not be allowed unless an encroachment permit is issued by the Engineering Division of the Parks and Public Works Department. The Owner’s representative in charge shall be at the job site during all working hours. Failure to maintain the public right-of-way according to this condition may result in the issuance of correction notices, citations, or stop work orders and the Town performing the required maintenance at the Owner’s expense.
42. PAYMENT OPTIONS:
a. All payments regarding fees and deposits can be mailed to:
Town of Los Gatos PPW – Attn: Engineering Dept
41 Miles Avenue
Los Gatos, CA 95030
Or hand deliver/drop off payment in engineering lock box Checks made out to “Town of Los Gatos” and should mention address and application number on memo/note line.
43. APPROVAL: This application shall be completed in accordance with all the conditions of approval listed below and in substantial compliance with the latest reviewed and approved development plans. Any changes or modifications to the approved plans or conditions of approvals shall be approved by the Town Engineer.
44. CONSTRUCTION PLAN REQUIREMENTS: Construction drawings shall comply with Section 1 (Construction Plan Requirements) of the Town’s Engineering Design Standards, which are available for download from the Town’s website.
45. CHANGE OF OCCUPANCY: Prior to initial occupancy and any subsequent change in use or occupancy of any non‐residential condominium space, the buyer or the new or existing occupant shall apply to the Community Development Department and obtain approval for use determination and building permit and obtain inspection approval for any necessary work to establish the use and/or occupancy consistent with that intended.
46. GENERAL LIABILITY INSURANCE: The property owner shall provide proof of insurance to
ITEM NO. 18.
the Town on a yearly basis. In addition to general coverage, the policy must cover all elements encroaching into the Town’s right‐of‐way.
47. PUBLIC WORKS INSPECTIONS: The Owner, Applicant and/or Developer or their representative shall notify the Engineering Inspector at least twenty‐four (24) hours before starting any work pertaining to on‐site drainage facilities, grading or paving, and all work in the Town's right‐of‐way. Failure to do so will result in penalties and rejection of any work that occurred without inspection.
48. RESTORATION OF PUBLIC IMPROVEMENTS: The Owner, Applicant and/or Developer or their representative shall repair or replace all existing improvements not designated for removal that are damaged or removed because of the Owner, Applicant and/or Developer or their representative's operations. Improvements such as, but not limited to curbs, gutters, sidewalks, driveways, signs, pavements, raised pavement markers, thermoplastic pavement markings, etc., shall be repaired and replaced to a condition equal to or better than the original condition. Any new concrete shall be free of stamps, logos, names, graffiti, etc. Any concrete identified that is displaying a stamp or equal shall be removed and replaced at the Contractor’s sole expense and no additional compensation shall be allowed, therefore. Existing improvement to be repaired or replaced shall be at the direction of the Engineering Construction Inspector and shall comply with all Title 24 Disabled Access provisions. The restoration of all improvements identified by the Engineering Construction Inspector shall be completed before the issuance of a certificate of occupancy. The Owner, Applicant and/or Developer or their representative shall request a walk‐through with the Engineering Construction Inspector before the start of construction to verify existing conditions.
49. PLAN CHECK FEES: Plan check fees associated with the Grading Permit shall be deposited with the Engineering Division of the Parks and Public Works Department prior to the commencement of plan check review.
50. SITE SUPERVISION: The General Contractor shall provide qualified supervision on the job site at all times during construction.
51. INSPECTION FEES: Inspection fees shall be deposited with the Town prior to the issuance of permits or recordation of maps.
52. DESIGN CHANGES: Any proposed changes to the approved plans shall be subject to the approval of the Town prior to the commencement of any and all altered work. The Owner’s project engineer shall notify, in writing, the Town Engineer at least seventy‐two (72) hours in advance of all the proposed changes. Any approved changes shall be incorporated into the final “as‐built” plans.
53. PLANS AND STUDIES: All required plans and studies shall be prepared by a Registered Professional Engineer in the State of California and submitted to the Town Engineer for review and approval. Additionally, any post‐project traffic or parking counts, or other studies imposed by the Planning Commission or Town Council shall be funded by the Owner, Applicant and/or Developer.
54. GRADING PERMIT DETERMINATION DURING CONSTRUCTION DRAWINGS: In the event that, during the production of construction drawings and/or during construction of the plans approved with this application by the Town of Los Gatos, it is determined that a grading permit would be required as described in Chapter 12, Article II (Grading Permit) of
ITEM NO. 18.
the Town Code of the Town of Los Gatos, an Architecture and Site Application would need to be submitted by the Owner for review and approval by the Development Review Committee prior to applying for a grading permit.
55. ILLEGAL GRADING: Per the Town’s Comprehensive Fee Schedule, applications for work unlawfully completed shall be charged double the current fee. As a result, the required grading permit fees associated with an application for grading will be charged accordingly. a. DUST CONTROL: Blowing dust shall be reduced by timing construction activities so that paving and building construction begin as soon as possible after completion of grading, and by landscaping disturbed soils as soon as possible. Further, water trucks shall be present and in use at the construction site. All portions of the site subject to blowing dust shall be watered as often as deemed necessary by the Town, or a minimum of three (3) times daily or apply (non‐toxic) soil stabilizers on all unpaved access roads, parking areas, and staging areas at construction sites in order to insure proper control of blowing dust for the duration of the project. Watering on public streets shall not occur. Streets shall be cleaned by street sweepers or by hand as often as deemed necessary by the Town Engineer, or at least once a day. Watering associated with on‐site construction activity shall take place between the hours of 8 a.m. and 5 p.m. and shall include at least one (1) late‐afternoon watering to minimize the effects of blowing dust. All public streets soiled or littered due to this construction activity shall be cleaned and swept on a daily basis during the workweek to the satisfaction of the Town. Demolition or earthwork activities shall be halted when wind speeds (instantaneous gusts) exceed twenty (20) miles per hour (MPH). All trucks hauling soil, sand, or other loose debris shall be covered.
56. CONSTRUCTION ACTIVITIES: All construction shall conform to the latest requirements of the CASQA Stormwater Best Management Practices Handbooks for Construction Activities and New Development and Redevelopment, the Town's grading and erosion control ordinance, and other generally accepted engineering practices for erosion control as required by the Town Engineer when undertaking construction activities.
57. SILT AND MUD IN PUBLIC RIGHT‐OF‐WAY: It is the responsibility of Contractor and homeowner to make sure that all dirt tracked into the public right‐of‐way is cleaned up on a daily basis. Mud, silt, concrete and other construction debris SHALL NOT be washed into the Town’s storm drains.
58. COVERED TRUCKS: All trucks transporting materials to and from the site shall be covered.
59. GOOD HOUSEKEEPING: Good housekeeping practices shall be observed at all times during the course of construction. All construction shall be diligently supervised by a person, or persons authorized to do so at all times during working hours. The Owner’s representative in charge shall be at the job site during all working hours. Failure to maintain the public right‐of‐way according to this condition may result in penalties and/or the Town performing the required maintenance at the Owner’s expense
60. SITE DESIGN MEASURES: This project shall incorporate at least one of the following measures:
a. Protect sensitive areas and minimize changes to the natural topography. b. Minimize impervious surface areas.
c. Direct roof downspouts to vegetated areas.
ITEM NO. 18.
d. Use porous or pervious pavement surfaces on the driveway, at a minimum. e. Use landscaping to treat stormwater.
61. CONSTRUCTION HOURS: All subdivision improvements and site improvements construction activities, including the delivery of construction materials, labors, heavy equipment, supplies, etc., shall be limited to the hours of 8:00 a.m. to 6:00 p.m., weekdays and 9:00 a.m. to 4:00 p.m. Saturdays. The Town may authorize, on a case‐by‐ case basis, alternate construction hours. The Owner, Applicant and/or Developer shall provide written notice twenty‐four (24) hours in advance of modified construction hours.
Approval of this request is at discretion of the Town.
62. CONSTRUCTION NOISE: Between the hours of 8:00 a.m. to 6:00 p.m., weekdays and 9:00 a.m. to 4:00 p.m. Saturdays, construction, alteration, or repair activities shall be allowed.
No individual piece of equipment shall produce a noise level exceeding eighty‐five (85) dBA at twenty‐five (25) feet from the source. If the device is located within a structure on the property, the measurement shall be made at distances as close to twenty‐five (25) feet from the device as possible. The noise level at any point outside of the property plane shall not exceed eighty‐five (85) dBA.
63. SANITARY SEWER CLEANOUT: Sanitary sewer cleanouts shall be relocated within the property in question.
64. PRECONSTRUCTION MEETING: Prior to issuance of any grading or building permits or the commencement of any site work, the general contractor shall:
a. Along with the Owner, Applicant and/or Developer, attend a pre‐construction meeting with the Town Inspector to discuss the project conditions of approval, working hours, site maintenance, and other construction matters.
b. Acknowledge in writing that they have read and understand the project conditions of approval and will make certain that all project sub‐contractors have read and understand them as well prior to commencing any work, and that a copy of the project conditions of approval will be posted on‐site at all times during construction.
65. CONSTRUCTION VEHICLE PARKING: Construction vehicle parking within the public right‐ of‐ way will only be allowed if it does not cause access or safety problems as determined by the Town.
66. STREET/SIDEWALK CLOSURE: Any proposed blockage or partial closure of the street and/or sidewalk requires an encroachment permit. Special provisions such as limitations on works hours, protective enclosures, or other means to facilitate public access in a safe manner may be required.
67. GRADING PERMIT: A grading permit is required for all site grading and drainage work except for exemptions listed in Section 12.20.015 of The Code of the Town of Los Gatos (Grading Ordinance). Grading work taking place either simultaneously, on‐site is considered eligible for the grading permit process and could be counted toward quantities, depending on permit status. After the preceding Architecture and Site Application has been approved by the respective deciding body and the appeal period has passed, the grading permit application with grading plans and associated required materials shall be submitted via email to the PPW engineer assigned to the A&S review.
Plan check fees (determined after initial submittal) shall be sent to the Engineering Division of the Parks and Public Works
ITEM NO. 18.
Department located at 41 Miles Avenue. The grading plans shall include topographic map/existing conditions, final grading, drainage, retaining wall location(s), driveway, utility sheet and erosion control. Grading plans shall list earthwork quantities and a table of existing and proposed impervious areas. Unless specifically allowed by the Director of Parks and Public Works, the grading permit will be issued concurrently with the building permit. The grading permit is for work outside the building footprint(s). Prior to Engineering signing off and closing out on the issued grading permit, the Owner’s soils engineer shall verify, with a stamped and signed letter, that the grading activities were completed per plans and per the requirements as noted in the soils report. A separate building permit, issued by the Building Department, located at 110 E. Main Street, is needed for grading within the building footprint.
68. SECURITY OF PERFORMANCE: Prior to approval of the grading permit, the applicant shall provide security for the performance of the work described and delineated on the approved grading plans. The form of security shall be one (1) or a combination of the following to be determined by the Town Engineer and subject to the approval of the Town Attorney
a. Bond or bonds issued by one (1) or more duly authorized corporate sureties on a form approved by the Town.
b. Deposit, with the Town, money, negotiable bonds of the kind approved for securing deposits of public monies, or other instrument of credit from one (1) or more financial institutions subject to regulation by the State or Federal Government wherein such financial institution pledges funds are on deposit and guaranteed for payment.
69. GRADING ACTIVITY RESTRICTIONS: Upon receipt of a grading permit, any and all grading activities and operations shall not occur during the rainy season, as defined by Town Code of the Town of Los Gatos, Sec. 12.10.020, (October 15‐April 15).
70. CONSTRUCTION EASEMENT: Prior to the issuance of a grading or building permit, it shall be the sole responsibility of the Owner, Applicant and/or Developer to obtain any and all proposed or required easements and/or permissions necessary to perform the grading herein proposed. Proof of agreement/approval is required prior to the issuance of any Permit.
71. DRAINAGE STUDY: Prior to the issuance of any grading or building permits, the following drainage studies shall be submitted to and approved by the Town Engineer: a drainage study of the project including diversions, off‐site areas that drain onto and/or through the project, and justification of any diversions; a drainage study evidencing that the proposed drainage patterns will not overload the existing storm drain facilities; and detailed drainage studies indicating how the project grading, in conjunction with the drainage conveyance systems (including applicable swales, channels, street flows, catch basins, storm drains, and flood water retarding) will allow building pads to be safe from inundation from rainfall runoff which may be expected from all storms up to and including the theoretical 100‐year flood.
72. DRAINAGE IMPROVEMENT: Prior to the issuance of any grading permits, the Owner, Applicant and/or Developer shall: a) design provisions for surface drainage; and b) design all necessary storm drain facilities extending to a satisfactory point of disposal for the
ITEM NO. 18.
proper control and disposal of storm runoff; and c) provide a recorded copy of any required easements to the Town.
73. TREE REMOVAL: Copies of all necessary tree removal permits shall be provided prior to the issuance of a building permit. An arborist report may be necessary.
74. SURVEYING CONTROLS: Horizontal and vertical controls shall be set and certified by a licensed surveyor or registered civil engineer qualified to practice land surveying, for the following items:
a. Retaining wall: top of wall elevations and locations. b. Toe and top of cut and fill slopes.
75. RETAINING WALLS: A building permit, issued by the Building Department, located at 110 E. Main Street, may be required for site retaining walls. Walls are not approved by the Engineering Division of Parks and Public Works during the grading permit plan review process.
76. PROXIMITY OF RETAINING WALLS TO ADJACENT BUILDINGS: Prior to the issuance of a grading or building permit, structural details for the proposed retaining walls located immediately adjacent to or in the immediate vicinity of existing buildings on adjoining lots shall be submitted confirming that said walls will not negatively affect the structural integrity of these buildings.
77. WEST VALLEY SANITATION DISTRICT: All sewer connection and treatment plant capacity fees shall be paid either immediately prior to the issuance of a sewer connection permit.
Written confirmation of payment of these fees shall be provided prior to issuance of the Grading Permit.
78. GEOLOGY AND SOILS MITIGATION MEASURE: A geotechnical investigation shall be conducted for the project to determine the surface and sub‐surface conditions at the site and to determine the potential for surface fault rupture on the site. The geotechnical study shall provide recommendations for site grading as well as the design of foundations, retaining walls, concrete slab‐on‐grade construction, excavation, drainage, on‐site utility trenching and pavement sections. All recommendations of the investigation shall be incorporated into project plans.
79. GEOTECHNICAL/GEOLOGICAL ENGINEER CONSTRUCTION OBSERVATION: During construction, all excavations and grading shall be inspected by the Owner’s soils engineer prior to placement of concrete and/or backfill so they can verify that the actual conditions are as anticipated in the design‐level geotechnical report and recommend appropriate changes in the recommendations contained in the report, if necessary. The results of the construction observation and testing shall be documented in an “as‐built” letter/report prepared by the Owner’s soils engineer and submitted to the Town before a certificate of occupancy is granted.
80. FENCES: Fences between all adjacent parcels will need to be located on the property lines/boundary lines. Any existing fences that encroach into the neighbor’s property will need to be removed and replaced to the correct location of the boundary lines before a Certificate of Occupancy for any new building can be issued. Waiver of this condition will require signed and notarized letters from all affected neighbors.
81. TRAFFIC IMPACT MITIGATION FEE: Prior to the issuance of any building or grading permit, the Owner shall pay the project's proportional share of transportation improvements
ITEM NO. 18.
needed to serve cumulative development within the Town of Los Gatos. The fee amount will be based upon the Town Council resolution in effect at the time the building permit is issued.
82. PRECONSTRUCTION PAVEMENT SURVEY: Prior to issuance of any grading or building permit, the Owner, Applicant and/or Developer shall complete a pavement condition survey documenting the extent of existing pavement defects using a smartphone video (in Landscape orientation only) or digital video camera. The survey shall extend the length of Reservoir Road and the connecting private access driveway. The results shall be documented in a report and submitted to the Town for review.
83. POSTCONSTRUCTION PAVEMENT SURVEY: The Owner, Applicant and/or Developer shall complete a pavement condition survey covering the same sections of roads documented in the Preconstruction Pavement Survey to determine whether road damage occurred as a result of project construction and whether there were changes in pavement strength.
Rehabilitation improvements required to restore the pavement to pre‐construction condition. The results shall be documented in a report and submitted to the Town for review and approval before a Certificate of Occupancy for any new building can be issued.
The Owner, Applicant and/or Developer shall be responsible for completing any required road repairs prior to release of the faithful performance bond.
84. ON‐SITE/OFF‐SITE PARKING: Parking spaces shall be paved with a compacted base not less than four (4) inches thick, surfaced with asphaltic concrete or Portland cement concrete pavement or other surfacing (e.g.: permeable paving materials, interlocking pavers and ribbon strip driveways) approved by the Town Engineer.
85. TRAFFIC CONTROL PLAN: If a traffic control plan is required, it must be submitted and approved by the Town Engineer prior to the issuance of an encroachment, grading or building permit. This plan shall include, but not be limited to, the following measures:
a. Construction activities shall be strategically timed and coordinated to minimize traffic disruption for schools, residents, businesses, special events, and other projects in the area. The schools located on the haul route shall be contacted to help with the coordination of the trucking operation to minimize traffic disruption. b. Flag persons shall be placed at locations necessary to control one‐way traffic flow. All flag persons shall have the capability of communicating with each other to coordinate the operation.
c. Prior to construction, advance notification of all affected residents and emergency services shall be made regarding one‐way operation, specifying dates and hours of operation.
86. HAULING OF SOIL: Hauling of soil on‐ or off‐site shall not occur during the morning or evening peak periods (between 7:00 a.m. and 9:00 a.m. and between 4:00 p.m. and 6:00 p.m.), and at other times as specified by the Director of Parks and Public Works. Prior to the issuance of a grading or building permit, the Owner and/or Applicant or their representative shall work with the Town Building Department and Engineering Division Inspectors to devise a traffic control plan to ensure safe and efficient traffic flow under periods when soil is hauled on or off the project site. This may include but is not limited to provisions for the Owner and/or Applicant to place construction notification signs noting the dates and time of construction and hauling activities or providing additional traffic
ITEM NO. 18.
control. Coordination with other significant projects in the area may also be required.
Cover all trucks hauling soil, sand, and other loose debris.
87. CONSTRUCTION MANAGEMENT PLAN SHEET: Prior to the issuance of any grading or building permits, the Owner and/or Applicant’s design consultant shall submit a construction management plan sheet (full‐size) within the plan set that shall incorporate at a minimum the Earth Movement Plan, Traffic Control Plan, Project Schedule, site security fencing, employee parking, construction staging area, materials storage area(s), construction trailer(s), concrete washout(s) and proposed portable restroom locations.
Please refer to the Town’s Construction Management Plan Guidelines document for additional information.
88. SHARED PRIVATE STREET: The private street accessing the Project Site shall be kept open and in a safe, drive‐able condition throughout construction. If temporary closure is needed, then formal written notice shall be provided at least one week in advance of closure.
89. EMERGENCY VEHICLE ACCESS: The Emergency Vehicle Access Easement (EVAE) that traverses the Project Site shall be kept open and in a safe, drive‐able condition throughout construction. If temporary closure is needed, then formal written notice shall be provided at least one week in advance of closure.
90. EMERGENCY VEHICLE ACCESS EASEMENT: Prior to the issuance of any grading or building permits, the Owner, Applicant and/or Developer shall coordinate with the Santa Clara County Fire Department to ensure that any proposed modifications to the Emergency Vehicle Access Easement that traverses the Project Site are curvilinear, allows for the Department’s equipment to travel across said easement, and meets all Department specifications. Plans shall be submitted to the Santa Clara County Fire Department for approval prior to construction.
91. WVSD (West Valley Sanitation District): Sanitary sewer laterals are televised by West Valley Sanitation District and approved by the Town of Los Gatos before they are used. A Sanitary Sewer Clean‐out is required at the property line, within one (1) foot of the property line, or at a location specified by the Town.
92. SANITARY SEWER BACKWATER VALVE: Drainage piping serving fixtures which have flood level rims less than twelve (12) inches (304.8 mm) above the elevation of the next upstream manhole and/or flushing inlet cover at the public or private sewer system serving such drainage piping shall be protected from backflow of sewage by installing an approved backwater valve. Fixtures above such elevation shall not discharge through the backwater valve, unless first approved by the Building Official. The Town shall not incur any liability or responsibility for damage resulting from a sewer overflow where the property owner or other person has failed to install a backwater valve as defined in the Uniform Plumbing Code adopted by the Town and maintain such device in a functional operation condition.
Evidence of West Sanitation District’s decision on whether a backwater device is needed shall be provided prior to the issuance of a building permit.
93. RELOCATION OF TRASH AND RECYCLING COLLECTION LOCATION: Prior to the issuance of any permits, an approval letter from West Valley Collection & Recycling accepting the
ITEM NO. 18.
trash and recycling collection locations shall be provided to the Town.
94. BEST MANAGEMENT PRACTICES (BMPs): The Owner, Applicant and/or Developer is responsible for ensuring that all contractors are aware of all storm water quality measures and that such measures are implemented. Best Management Practices (BMPs) shall be maintained and be placed for all areas that have been graded or disturbed and for all material, equipment and/or operations that need protection. Removal of BMPs (temporary removal during construction activities) shall be replaced at the end of each working day. Failure to comply with the construction BMP will result in the issuance of correction notices, citations, or stop work orders.
95. INFILTRATION TRENCHES: The following requirements apply to the proposed infiltration trenches:
a. Prior to completion of the Final Stormwater Control Plan, a geotechnical engineer shall review the design of the infiltration trenches and retaining walls along the portion of the road within the property boundary and determine whether additional structural supports are needed to ensure stability of the road and the adjacent hillside during the wet season.
b. The assumed infiltration rate shall be verified with actual site‐specific soils data prior to the Final Stormwater Control Plan for the development. If the infiltration rate is lower, a hydrologic analysis shall be conducted to ensure that the proposed trench sizes are adequate.
c. The infiltration trench shall be protected from sediment generated during construction of homes on the lots. The proposed source control measures shall be indicated on the project plans.
d. Maintenance of stormwater treatment and the infiltration trenches shall be the responsibility of the property owner and/or future property owners.
96. UNLAWFUL DISCHARGES: It is unlawful to discharge any wastewater or cause hazardous domestic waste materials to be deposited in such a manner or location as to constitute a threatened discharge, into storm drains, gutters, creeks or the San Francisco Bay.
Unlawful discharges to storm drains include, but are not limited to: discharges from toilets, sinks, industrial processes, cooling systems, boilers, fabric cleaning, equipment cleaning, or vehicle cleaning.
97. EROSION CONTROL: Interim and final erosion control plans shall be prepared and submitted to the Engineering Division of the Parks and Public Works Department during the grading permit application process. A maximum of two (2) weeks is allowed between clearing of an area and stabilizing/building on an area if grading is allowed during the rainy season. Interim erosion control measures, to be carried out during construction and before installation of the final landscaping, shall be included. Interim erosion control method shall include, but are not limited to silt fences, fiber rolls (with locations and details), erosion control blankets,
Town standard seeding specification, filter berms, check dams, retention basins, etc.
Provide erosion control measures as needed to protect downstream water quality during winter months.
98. AIR QUALITY: To limit the project’s construction‐related dust and criteria pollutant
ITEM NO. 18.
emissions, the following the Bay Area Air Quality Management District (BAAQMD)‐ recommended basic construction measures shall be included in the project’s grading plan, building plans, and contract specifications:
a. All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered two times per day, or otherwise kept dust‐ free.
b. All haul trucks designated for removal of excavated soil and demolition debris from site shall be staged off‐site until materials are ready for immediate loading and removal from site.
c. All haul trucks transporting soil, sand, debris, or other loose material off‐site shall be covered.
d. As practicable, all haul trucks and other large construction equipment shall be staged in areas away from the adjacent residential homes.
e. All visible mud or dirt track‐out onto adjacent public roads shall be removed using wet power vacuum street sweepers at least once per day, or as deemed appropriate by Town Engineer. The use of dry power sweeping is prohibited. An on‐site track‐out control device is also recommended to minimize mud and dirt‐track‐out onto adjacent public roads.
f. All vehicle speeds on unpaved surfaces shall be limited to fifteen (15) miles per hour. g. All driveways and sidewalks to be paved shall be completed as soon as possible.
Building pads shall be laid as soon as possible after grading unless seeding or soil binders are used.
h. Post a publicly visible sign with the telephone number and person to contact at the lead agency regarding dust complaints. This person shall respond and take corrective action within forty‐eight (48) hours. The Air District’s phone number shall also be visible to ensure compliance with applicable regulations. Please provide the BAAQMD’s complaint number on the sign: 24‐hour toll‐free hotline at 1‐800‐334‐ ODOR (6367).
i. All excavation, grading, and/or demolition activities shall be suspended when average wind speeds exceed twenty (20) miles per hour.
j. Vegetative ground cover (e.g., fast‐germinating native grass seed) shall be planted in disturbed areas as soon as possible and watered appropriately until vegetation is established.
99. DETAILING OF STORMWATER MANAGEMENT FACILITIES: Prior to the issuance of any grading or building permits, all pertinent details of any and all proposed stormwater management facilities, including, but not limited to, ditches, swales, pipes, bubble‐ups, dry wells, outfalls, infiltration trenches, detention basins and energy dissipaters, shall be provided on submitted grading and drainage plans, reviewed by the Engineering Division of the Parks and Public Works Department, and approved for implementation. 100. WATER FEATURES: New swimming pools, hot tubs, spas and/or fountains shall have a connection to the sanitary sewer system, subject to West Valley Sanitation District’s authority and standards, to facilitate draining events. Discharges from these feature(s) shall be directed to the sanitary sewer and are not allowed into the storm drain system. 101. SITE DRAINAGE: Rainwater leaders shall be discharged to splash blocks. On‐site drainage
ITEM NO. 18.
systems for all projects shall include one of the alternatives included in section C.3.i of the Municipal Regional NPDES Permit. These include storm water reuse via cisterns or rain barrels, directing runoff from impervious surfaces to vegetated areas and use of permeable surfaces. If stormwater treatment facilities are to be used, they shall be placed a minimum of ten (10) feet from the adjacent property line and/or right‐of‐way.
Alternatively, the facility(ies) may be located with an offset between 5 and 10 feet from the adjacent property and/or right‐of‐way line(s) if the responsible engineer in charge provides a stamped and signed letter that addresses infiltration and states how facilities, improvements and infrastructure will not adversely affect the adjacent property. No improvements shall obstruct or divert runoff to the detriment of an adjacent, downstream or down slope property.
TO THE SATISFACTION OF THE SANTA CLARA COUNTY FIRE DEPARTMENT:
102. 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.
103. 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. 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. All comments below that result from PRC 4290 are identified by **.
104. **WIDTH: (a) All roads shall be constructed to provide a minimum of two ten (10) foot traffic lanes, not including shoulder and striping. These traffic lanes shall provide for twoway traffic flow to support emergency vehicle and civilian egress, unless other standards are provided in this article or additional requirements are mandated by local jurisdictions or local subdivision requirements. Vertical clearances shall conform to the requirements in California Vehicle Code section 35250. (b) All one-way roads shall be constructed to provide a minimum of one twelve (12) foot traffic lane, not including shoulders. The local jurisdiction may approve one-way roads. (1) All one-way roads shall, at both ends, connect to a road with two traffic lanes providing for travel in different directions, and shall provide access to an area currently zoned for no more than ten (10) residential units. (2) In no case shall a one-way road exceed 2,640 feet in length. A turnout shall be placed and constructed at approximately the midpoint of each one-way road. (c) All driveways
ITEM NO. 18.
shall be constructed to provide a minimum of one (1) ten (10) foot traffic lane, fourteen (14) feet unobstructed horizontal clearance, and unobstructed vertical clearance of thirteen feet, six inches (13' 6”). California Code of Regulations, Title 14, Division 1.5, Chapter 7, Subchapter 2 Articles 1-5, § 1273.01.
-Approved Request of Exception PC 24-2558. See comment number 108 for conditions of approval.
105. **ROAD SURFACES: (a) Roads shall be designed and maintained to support the imposed load of fire apparatus weighing at least 75,000 pounds and provide an aggregate base. (b) Driveways and road and driveway structures shall be designed and maintained to support at least 40,000 pounds. (c) Project proponent shall provide engineering specifications to support design, if requested by the local authority having jurisdiction. California Code of Regulations, Title 14, Division 1.5, Chapter 7, Subchapter 2, Articles 1-5, § 1273.02. -Approved Request of Exception PC 24-2558. See comment number 108 for conditions of approval.
106. **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.
-Approved Request of Exception PC 24-2558. See comment number 108 for conditions of approval.
107. **RADIUS: (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. -Approved Request of Exception PC 24-2558. See comment number 108 for conditions of approval.
108. **TURNAROUND: (As noted on sheet A-4 and sheet 4) (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 ten-foot traffic lanes. California Code of Regulations, Title 14, Division 1.5, Chapter 7, Subchapter 2, Articles 1-5, § 1273.05.
-Approved Request of Exception PC 24-2558. See comment number 108 for conditions of approval.
ITEM NO. 18.
109. PRC 4290 REQUEST FOR EXCEPTION CONDITIONS OF APPROVAL:
a. A copy of the Alternate Means/Methods application form including approval signature, exhibits, and these comments shall be made part of the building permit drawing set, to be routed to Santa Clara County Fire Department for final approval. b. Sign(s) to be provided:
• At Reservoir St indicating the turnaround is onsite.
• At turnaround indicating the turnaround location and no parking in the turn around.
c. Language and location of these signs to be provided on building permit drawings, and approved prior to building permit issuance.
110. FIRE SPRINKLERS REQUIRED: (As Noted on Sheet A1) Approved automatic sprinkler systems in new and existing buildings and structures shall be provided in the locations described in this Section or in Sections 903.2.1 through 903.2.12 whichever is the more restrictive and Sections 903.2.14 through 903.2.21. For the purposes of this section, firewalls and fire barriers used to separate building areas shall be constructed in accordance with the California Building Code and shall be without openings or penetrations.
111. REQUIRED FIRE FLOW: (Letter received) The minimum require fireflow for this project is 875 Gallons Per Minute (GPM) at 20 psi residual pressure. This fireflow assumes installation of automatic fire sprinklers per CFC [903.3.1.3] 112. FIRE DEPARTMENT (ENGINE) DRIVEWAY TURNAROUND REQUIRED: (As noted on sheet A4 and sheet 4) Provide an approved fire department engine driveway turnaround with a minimum radius of 36 feet outside and 23 feet inside. 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.
-Approved Request of Exception PC 24-2558. See comment number 108 for conditions of approval.
113. 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. 114. WATER SUPPLY REQUIREMENTs: (As Noted on Sheet A1) Potable water supplies shall be protected from contamination caused by fire protection water supplies. It is the responsibility of the applicant and any contractors and subcontractors to contact the water purveyor supplying the site of such project, and to comply with the requirements of that purveyor. Such requirements shall be incorporated into the design of any waterbased fire protection systems, and/or fire suppression water supply systems or storage containers that may be physically connected in any manner to an appliance capable of causing contamination of the potable water supply of the purveyor of record. Final approval of the system(s) under consideration will not be granted by this office until compliance with the requirements of the water purveyor of record are documented by that purveyor as having been met by the applicant(s). 2019 CFC Sec. 903.3.5 and Health and Safety Code 13114.7.
ITEM NO. 18.
115. ADDRESS IDENTIFICATION: (As Noted on Sheet A1) New and existing buildings shall have approved address numbers, building numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Where required by the fire code official, address numbers shall be provided in additional approved locations to facilitate emergency response. Address numbers shall be Arabic numbers or alphabetical letters. Numbers shall be a minimum of 4 inches (101.6 mm) high with a minimum stroke width of 0.5 inch (12.7 mm). Where access is by means of a private road and the building cannot be viewed from the public way, a monument, pole or other sign or means shall be used to identify the structure. Address numbers shall be maintained. CFC Sec. 505.1. 116. CONSTRUCTION SITE FIRE SAFETY: (As Noted on Sheet A1) 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.
117. EMERGENCY GATE/ACCESS GATE REQUIREMENTS: (As Noted on Sheet A1) Gate installations shall conform with Fire Department Standard Details and Specification G-1 and, when open shall not obstruct any portion of the required width for emergency access roadways or driveways. Locks, if provided, shall be fire department approved prior to installation. Gates across the emergency access roadways shall be equipped with an approved access devices. If the gates are operated electrically, an approved Knox key switch shall be installed; if they are operated manually, then an approved Knox padlock shall be installed.
118. GENERAL: This review shall not be construed to be an approval of a violation of the provisions of the California Fire Code or of other laws or regulations of the jurisdiction. A permit presuming to give authority to violate or cancel the provisions of the fire code or other such laws or regulations shall not be valid. Any addition to or alteration of approved construction documents shall be approved in advance [CFC, Ch.1, 105.3.6].
ITEM NO. 18.
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ITEM NO. 18.
COLOR SAMPLES BOARD
45 RESERVOIR ROAD
ROOF COVER: FLAT SHAPE CONCRETE TILE
EAGLE ROOFING, flat profile concrete tile
- Color Concord Blend or similar (LRA 19.71)
EXTERIOR WALLS: SMOOTH STUCCO
BENJAMIN MOORE
Color Raccoon Hollow 978 or similar (LRV 27.93)
PATIO AND COLUMNS:
BENJAMIN MOORE. Cast stone decorative columns.
Color Stampede 979 or similar (LRV 19.00)
RAIL/ GUARD:
Combination of solid low wall with stucco finish & open decorative iron rail with matte black painted finish.
WINDOW AND DOOR:
Combination of aluminum clad & steel window and door
Color ranges from dark bronze to black (LRV 2.48)
TRIM:
Decorative cast stone trim.
GUTTER:
Painted, matte finish. Color ranges from dark bronze to black.
LIGHT FIXTURE:
Wall mounted fixture with shield (similar).
Matte texture in black finish.
EXTERIOR WALLS: SMOOTH STUCCO
BENJAMIN MOORE
Color Stampede 979 or similar (LRV 19.00)
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ITEM NO. 18.
Planning Department July 30, 2024
Community Development Department, Town of Los Gatos
110 E. Main Street
Los Gatos, CA 95030
Re: The Agahian Residence, 45 Reservoir Road, Los Gatos Project Description/ Letter of Justification (ver 2.0)
Updated 11.26.24
To Whom it May Concern:
On behalf of the property owner Ms. Farnaz Agahian, I am pleased to present this project for an Architecture and Site application. The proposed project includes the construction of a new twostory residence with an attached two car garage, as well as an attached accessory dwelling unit (ADU). The letter, accompanies the building plans and supplemental exhibits, contains descriptions of the property, the neighborhood. It also describes how the proposed development complies with the Hillside Development Standards and Guidelines.
DESCRIPTION OF EXISTING PROPERTY
Access
The property is located along a private access road of Reservoir Drive, connecting both the public portion of Reservoir Drive and Roger Street with access gates on both ends. This private road serves a total of 5 properties including the subject property. The 10,000sf vacant lot was sub-divided via a lot merger application back in 2015 (from 60 Rogers Street) and was zoned R-1-20. The property borders a group of R-1-10 lots on the eastern side and a group of R-1D lots on the northern side. An easement was established along Reservoir Drive for ingress/ egress, with utility easements (gas and sanitary sewer) going back to 60 Rogers Street.
Topography
This site has a north facing slope that averages at 28%, with the least restrictive development areas (LRDA) mainly on the access road and a few small graded areas throughout. A series of mature oak trees cover the rear, eastern and western property lines. Remnants of old stone steps and retaining walls can be seen where the new perimeter wood fence is erected. An asphalt paved access road cuts thru the property and a relatively steep cut bank can be seen downhill from the road (likely from the creation of the road). Overall, apart from being visible to the immediately adjacent neighbors, the property is relatively private and isolated. 51 University Avenue, Suite L • Los Gatos, CA 95030 • 408.395-2555
KOHLSAAT
& ASSOCIATES
A R C H I T E C T U R E
EXHIBIT 5
ITEM NO. 18.
THE AGAHIAN RESIDENCE, 45 RESERVOIR ROAD, PAGE 2 7 of
DESCRIPTION OF PROPOSED RESIDENCE
Early Development and Challenges:
With the lot sized at 83ft wide by 126ft long, this 10,000sf lot was zoned R-1-20 with associated setbacks: side setback is 15ft, the rear setback is 25ft and the front setback is 30ft. In addition, the majority of the LRDA area is over the access road, which cuts through and takes up 1/3 of the building envelope, leaving the rest of the building envelope very limited and at a slope over 30%.
An early application back in 2018 was submitted by a different owner for a 2,400sf, 2.5-story home with a basement. A couple issues were brought up during the development review regarding the massing of the building, high hillside visibility and the large amount of retaining wall and road expansion work to accommodate a fire-truck turnaround.
The hillside overlay design standards further restricted the building envelope with their 18ft /28ft height limits, allowable floor area (FAR), fire access, among other hillside challenges.
Final Design and Solutions:
The top priorities for the final design are working with the existing road, fitting the program efficiently in the tight building envelope, balancing the building mass and reducing the hillside visibility. A couple strategies were applied included using a tandem garage to limit facade massing, going with a reverse floor plan (with bedrooms on the lower floor and main living spaces on the upper floor) to make best use of the limited windows/views, and limiting the building to a two-story design with a stepped facade/shape following the road and the topography contour. In working with a steep topography, a sizable amount of the lower floor (70%) is located below grade to reduce visible bulk and mass.
Even with all these methods, development exceptions to build outside of the LRDA as well as going into the side and rear setbacks are still unavoidable to make the design work. We will explain more in detail below.
Floor Plan Arrangement and Connectivity
The house features a reversed floor plan with a tandem garage and 2 bedroom suites on the lower floor. The main living spaces (kitchen, living and dining rooms) are on the main floor, where a 530sf attached accessory dwelling unit (ADU) is also located with separate living amenities and entrance through the side yard. A covered porch (loggia) is located on the main floor to provide outdoor living space and exterior definition as the hillside terrain doesn’t always allow for conventional, widespread patios.
Surrounding the residence is a series of of walkways and steps for circulation. Using tiered grading and retaining walls, a modest yard space was carved out at the back yard, as well as a narrow walkway around the back of the house. A series of access stairs is located on the east side and a light well on the west side of the house. Together they allow for egress, air and light access, and being able to walk around the house. This 2-story house is connected on the inside via a stairway as well as an elevator, with access on each level that leads to the outside space.
Exterior Styling
Proposed residence is of a simple Mediterranean styling with subdued terra cotta colors to blend in with the natural hillside environment. Low-sloped, hipped roofs with flat roof tiles cover
ITEM NO. 18.
THE AGAHIAN RESIDENCE, 45 RESERVOIR ROAD, PAGE 3 7 of
over the house and a flat roof covers the loggia. Walls have two-tone stucco finish and darkcolor gridded windows and doors. Stepped building forms, plus solid and open volumes are used to break up the massing. A sizable portion of the building is buried into the hillside as much as practical to diminish the two-story appearance. Lastly the building facade is adorned with subtle architectural elements to add interest to the styling.
There is a mixture of eclectically styled, one and two-story homes, with floor areas ranging from 1,500sf to 3,500sf within the neighborhood. We expect the proposed residence to be compatible to the neighborhood, both architecturally and in size.
Private Road Fire Access and Plans For Downhill Area:
Despite the Reservoir private road being a through path that connects Rogers Street and Reservoir Road, the hair-pin turn in front of 36 Rogers Street makes the road impossible for a fire truck to drive up and thru, rendering our project site a dead-end site. We’ve been working with the Fire Department on an AMMR (Alternative Materials, Methods of Construction, or Modification of Code) and after evaluating multiple options, we have to go with a fire truck turnaround area in order to allow the emergency vehicles to come on site, while permit the local ingress/egress traffic on the private road. A modified turnaround area of roughly 40ft by 45-50ft has been added in front of the garage, set at the same level as the road.
The construction of the turn-around area will no doubt be challenging: with substantial grading and tall retaining walls that require grading exceptions. However it is necessary to do this to prioritize the fire safety of our residents and the neighborhood. In addition, careful considerations are made to address the visibility of the retaining walls, drainage and to provide landscape screening to our neighbors.
* See further explanation below for grading and retaining wall exceptions.
Fire Water Supply:
A number of hydrants are available within reach of the subject property, with the closest one located on Reservoir Road (in front of 39 Reservoir Rd) with a total travel distance of 483ft from the farthest corner of the house to the hydrant. The new residence will be equipped with fire sprinkler protection system as well, among other fire protection measures.
Visibility:
With visibility dictating our allowable building heights, it is a high priority in our design. To evaluate its impact to our design, we set up temporary, partial story-poles of the proposed building shape and superimposed simulations of the proposed residence to conduct studies from the town’s designated viewing areas. Compare with 6 years ago when the last application was filed, many of the same screening trees have grown and are providing excellent screening for the proposed residence. Further, a shorter and slightly wider re-design allows us to take better advantage of the screening trees. The result is a very encouraging reduction of the visibility percentage: from 62% down to 22% of the front elevation. Among the visible portions are the loggia and a small section of the powder room. The main house portion is setback by a good amount, or is shielded by the screening trees. This percentage categorizes the house as a non-visible home with an allowable height of 28ft. The proposed new building design is mostly below the 18ft height plane (see sections and elevations).
ITEM NO. 18.
THE AGAHIAN RESIDENCE, 45 RESERVOIR ROAD, PAGE 4 7 of
Neighbor Outreach:
With this property been years in development, many of the neighbors (long-term and those who recently moved in) are aware of the development and have been in touch with the owner. It gave us a chance to review the project with them, listen and take in their concerns and feedbacks. Ranging from road expansion, privacy and utility issues. This is, however, an ongoing activity and we will continue to do so as we progress in our application with the town. We have included a separate list documenting our correspondence with our neighbors.
EXCEPTION REQUESTS AND JUSTIFICATIONS
Below is a list of our effort of minimizing the exceptions requested for the project and our justifications.
EXCEPTION TO TOWN CODE REQUIREMENTS:
1. Parking configuration and stall size: due to the existing road elevation, the garage works best being on the east side of the property. However even with a reduced rear setback having (2) 20ft long parking spaces will push the garage facade really close to the road and on-coming traffic. We are requesting an exemption to reduce the second parking space from 20ft long down to 18ft long. A 18ft long parking space is still a very practical size and it can potentially avoid a bottleneck between the garage and the road.
2. Setback Encroachment: (refer to architectural site plan on A1) This 10,000sf vacant lot was subdivided from a much bigger lot zoned R-1-20 and was given the same zoning designation with the associated setbacks. However the actual lot size, widths and lengths are in fact more similar and compatible with its bordering properties that are zoned with R-1D and R-1-10 zones. Having to follow the R-1-20 setbacks, compounded with the reduction of the building envelope due to the preexisting road location, undoubtedly would have forced the design into a 3-story home (as seen in past application design). It would have exceeded both the 18ft and 28ft height limits and adversely increased the hillside visibility percentage by a great amount, making it a very visible home.
Our alternative is to propose a small amount of encroachment into the standard side and rear setbacks. This allows us to keep to a 2-story design. Stretching the building wider rather than taller also makes better use of the existing screening trees. An exception is hereby requested to allow partial encroachment into the rear and side setbacks.
EXCEPTIONS TO HILLSIDE DEVELOPMENT STANDARDS AND GUIDELINES
1. Retaining wall height exception at the fire truck turn-around: (refer to architectural site plan on A4 and civil sheet C4)
• The required turn-around space, with even a modified footprint, requires an area of roughly 40ft by 50ft and a slope of no more than 5%. It needs to be on the same level as the existing road and expands towards the downhill area. Retaining walls that are needed to create this pad will vary between 5ft to 15.5ft high. They can be constructed out of soldier pile and wood lagging, which has a natural rustic appearance that is commonly seen in the hillside area. It also allows for natural drainage and avoids the need of complex drainage lines that is normally required for concrete wall construction.
ITEM NO. 18.
THE AGAHIAN RESIDENCE, 45 RESERVOIR ROAD, PAGE 5 7 of
• In addition of the retaining wall appearance, 4ft of landscape buffer zones are planned around the turn-around area to screen the walls from neighbors.
2. Grading (Fill) exception along the outer edge of the widened road: (refer to architectural site plan on A4 and civil sheet C4)
• Fill areas of up to 15.5 ft is necessary for the construction of the turn-around area. While this is a significant height and will require an exception, it can significant offset and amount of soil off-haul created by the house grading.
3. Structure outside of the least restrictive development area: (refer to sheet A3 and A4) this property used to be the yard space of 60 Rogers Street, so the only LRDA were created for the private road, as well as a few small, graded areas for the remnant landscape steps. The rest of the property, including the building envelope remains an ungraded, steep hill. There is not enough LRDA on this property that will allow the construction of a new residence. Hence we are hoping to apply for exception to this requirement.
EXCEPTIONS TO HILLSIDE SPECIFIC PLAN
1. Guest parking spaces at Hillside Specific Plan: the size and configuration of the lot has made it challenging to provide all the hillside specific street parking, and we want to prioritize getting ingress/egress and fire truck access while being sensitive with grading and road expansion. So instead of the 4 required spaces we are requesting to reduce it to 1 parking space.
EXCEPTIONS TO TOWN CODE:
SEC 29.10.155(c)(2) Driveway/ access road must be a minimum of 18 feet in width for the full length to Reservoir Road:
1. The creation of the access road granted a 12 ft easement for ingress and egress purposes across the 5 neighboring properties. While our property owner can make improvements on her property, she has no control over her neighbors’ portion of the road.
2. We have to prioritize spaces for fire access and maneuvering, off street parking, tree preservation and visibility screening, all along a very limited road frontage. We have widened about 60% of our road, including the choke point at the 2 brick pillars, to get at least a 12 ft wide road as well as a space for a fire truck turn-around. The rest of the road is widened as much as possible to accommodate some parking, while leaving us about 15’-9” of egress width, some space for tree preservation and drainage management.
3. The current road varies from 12 to 24 ft in width and has separate, widened parking and maneuvering space in front of each property it serves, providing turn-out spaces that have worked well with these residences for years.
ITEM NO. 18.
THE AGAHIAN RESIDENCE, 45 RESERVOIR ROAD, PAGE 6 7 of
COMPLIANCE WITH HILLSIDE DEVELOPMENT STANDARDS & GUIDELINES In addition to what was identified above, the proposed home specifically addresses the Hillside Development Standards and Guidelines as follows:
III Site Planning:
All the site constraints have been carefully analyzed in planning the building position, size and configuration.
An infill project within a developed neighborhood to minimize substantial impacts to public services.
New building pad elevation was chosen to work with the existing road slope and and elevations to minimize impacts to neighbors. Road expansion work was kept to a reasonable extent with minimal amount of grading and retaining wall. Trees downhill from road are preserved to maintain visibility screening. New trees are proposed to screen retaining wall from neighbors.
Grading locations and quantities were carefully applied to minimize extents and impacts. Permanent retaining walls for house and yard were kept to 5ft or less, and in discreet locations to minimize visibility and grading needs.
V Development Intensity and Architectural Design:
Proposed house size and a two-story configuration are compatible to the neighboring homes.
The proposed contemporary mediterranean style blends in well with natural hillside setting and among the wide-ranging home styles of the neighborhood. Minimized number and size of windows facing neighbors. Positioned deck and outdoor spaces away from neighbors.
Used simple forms, low, hipped rooflines, as well as varying wall planes to break up elevation and massing into smaller units.
All exterior materials are natural to blend in with the environment, meet WUI classification for fire resistance and to have a light reflective value (LRV) or less than 30.
Privacy:
With the proposed residence set into the hill, the majority of the windows are directed downhill and away from the nearby neighbors.
The outdoor gathering areas such as Loggia and yard are located on the private side of the residence, away from the adjacent neighbors.
New trees are proposed on the downhill size of the lot to increase privacy screening.
VI. SITE ELEMENTS
The use of retaining walls: (refer to architectural site plan on A1 and civil sheet C4) To limit and amount of grading and avoid creating large flat areas, the rear yard used permanent retaining walls to create a tier configuration of landscaped area, a small yard and a walkway around the back of the house.
Retaining walls are used to create egress light well for the lower floor bedroom, as well as egress stair on the side of the house.
Retaining walls at rear yard are split up to minimize wall mass and height.
CONCLUSION
ITEM NO. 18.
THE AGAHIAN RESIDENCE, 45 RESERVOIR ROAD, PAGE 7 7 of
Designing a home on this site has proven to be quite challenging. In particular, the extremely constrained development area, the steep slope and visibility of the site have complicated the effort. Several iterations of the design and extensive analysis were required before we arrive at this present version.
In the end, I am very happy with the results. The size, mass, color and exterior style of this house are in keeping with the intent of the Hillside Development Standards and Guidelines.
Through the use of the hillside guidelines and exception requests for the creation of a fire truck turn-around, we hope to achieve the owner’ goals, makes the best use of the property, while respecting the neighborhood and its natural environment. We believe this will be a high-quality addition to this neighborhood. We appreciate your time to review our application and hope to get your support and approval.
Sincerely,
Gary Kohlsaat
Architect C19245
ITEM NO. 18.
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ITEM NO. 18.
November 28, 2022
Mr. Sean Mullin
Community Development Department
Town of Los Gatos
110 E. Main Street
Los Gatos, CA 95031
RE: 45 Reservoir Road
Dear Sean:
I reviewed the drawings and evaluated the site context. My comments and recommendations are as follows:
NEIGHBORHOOD CONTEXT
The site is located on a steep sloping parcel within a semi-rural wooded environment. Photos of the site and surrounding neighborhood context are shown on the following page.
EXHIBIT 6
ITEM NO. 18.
45 Reservoir Road
Design Review Comments
November 28, 2022 Page 2
THE SITE
Private Road: Site on the left
Streetview photos below provided by the applicant
Private Road: Site on the right
Private Road: Site on the left Private Road: View of site downhill segment Page 523 ITEM NO. 18.
45 Reservoir Road
Design Review Comments
November 28, 2022 Page 3
PROJECT OVERVIEW
The proposed two-story house is designed in a Traditional Mediterranean Style. See proposed elevations and sections below.
PROPOSED FRONT ELEVATION (Entry)
PROPOSED LEFT SIDE ELEVATION
PROPOSED RIGHT SIDE ELEVATION
PROPOSED REAR ELEVATION
ITEM NO. 18.
45 Reservoir Road
Design Review Comments
November 28, 2022 Page 4
ISSUES AND CONCERNS
The site slope, the fragmentation of the site into two parts and the resultant small amount of developable area on this site are major constraints for this project. I have only a couple of observations for staff’s consideration.
The tall side walls are not consistent with Residential Design Guideline 3.3.3.
3.3.3 Provide visual relief for two story walls
The color change proposed between the lower and upper portions of the walls helps, but that would not be total consistent with the intent of Residential Design Guideline 3.8.4.
3.8.4 Materials changes
• Make materials and color changes at inside corners rather than outside corners to avoid a pasted on look.
Recommendation: Add projecting molding at the proposed color change. Note that the use of two wall colors or the use of a single color would both be acceptable - see photo examples below.
ITEM NO. 18.
45 Reservoir Road
Design Review Comments
November 28, 2022 Page 5
A second issue is of more concern and may not have a viable alternative aside from a smaller building footprint and volume. However, I do feel it is important to identify the issue because of its potential impact on the character of the private drive.
The issue is that the proposed house is quite close to the road and appears to be closer to the road than other nearby homes. This may be acceptable given the private acces road, but it seems out of character with its current semirural, wooded environment - see illustrations below.
Sean, please let me know if you have any questions, or if there are other issues that I did not address.
Sincerely,
CANNON DESIGN GROUP
ITEM NO. 18.
45 Reservoir Road
Design Review Comments
November 28, 2022 Page 6
ITEM NO. 18.
Town of Los Gatos March 20, 2023
Planning Division
110 E. Main Street
Los Gatos, CA 95030
Re: The Agahian Residence, 45 Reservoir Road,
Architecture & Site App.: S-22-048
Attn: Sean Mullin
In response to architectural consultant response letter, by Larry Cannon, dated November 28, 2022, is our response letter below.
1. A projecting molding has been added at the horizontal color change location around the entire perimeter of the building.
2. The property shape and access through the lot is highly unusual and creates an undue hardship on the allowable building envelope that we can not over come. The road has been moved away from the building envelope as much as possible.
If you have any questions regarding the revisions made, please give me a call.
Sincerely,
Jaclyn Greenmyer
51 University Ave., Suite L Los Gatos, CA 95030 Tel: (408) 395-2555 EXHIBIT 7
ITEM NO. 18.
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ITEM NO. 18.
Tree Inventory, Assessment,
and
Protection Report
45 Reservoir Road
Los Gatos, CA 95032
Prepared for:
Town of Los Gatos
December 4, 2022
Prepared By:
ITEM NO. 18.
45 Reservoir Road, Los Gatos Tree Inventory, Assessment and Protection Report
December 4, 2022
Table of Content
Summary ...............................................................................................................1 Introduction...........................................................................................................1 Background ............................................................................................................1 Assignment.............................................................................................................1 Limits of the assignment ........................................................................................1 Purpose and use of the report................................................................................2 Observations.........................................................................................................2 Tree Inventory .........................................................................................................2 Plans.......................................................................................................................2 Analysis .................................................................................................................4 Discussion.............................................................................................................5 Condition Rating.....................................................................................................5 Expected Impact Level...........................................................................................6 Mitigation for Removals..........................................................................................7 Tree Protection .......................................................................................................8 Conclusion ............................................................................................................9 Recommendations .............................................................................................10 Bibliography ........................................................................................................11 Glossary of Terms...............................................................................................12 Appendix A: Tree Inventory Map and Proposed Site Plan ..............................14 Appendix B: Tree Inventory and Assessment Tables ......................................15 Monarch Consulting Arborists LLC - P.O Box 1010, Felton, CA 95018 831.331.8982 - [email protected]
ITEM NO. 18.
45 Reservoir Road, Los Gatos Tree Inventory, Assessment and Protection Report
December 4, 2022
Appendix C: Photographs..................................................................................17 C1: #303 and #320 ...............................................................................................17 C2: #301 and #302 ...............................................................................................18 C3: #318 ...............................................................................................................19 C4: Trees #315 and #316 (Adjacent site)..............................................................20 C5: #308 and #314 ...............................................................................................21 C6: #309, #310 and #311 .....................................................................................22 C7: #306, #313, and #307 ....................................................................................23 C8: #304 ...............................................................................................................24 C9: #305 ...............................................................................................................25 Appendix D: Tree Protection Guidelines...........................................................26 D1: Plan Sheet Detail S-X (Type I) ........................................................................26 D2: Plan Sheet Detail S-Y (Type III) ......................................................................27 D3: Section 29.10.1005. - Protection of Trees During Construction ....................28 Tree Protection Zones and Fence Specifications.................................................28 All persons, shall comply with the following precautions.....................................29 Prohibited Activities..............................................................................................29 Monitoring ............................................................................................................30 Root Pruning.........................................................................................................30 Boring or Tunneling...............................................................................................30 Tree Pruning and Removal Operations.................................................................30 Appendix E: Tree Protection Signs....................................................................31 E1: English............................................................................................................31 Monarch Consulting Arborists LLC - P.O Box 1010, Felton, CA 95018 831.331.8982 - [email protected]
ITEM NO. 18.
45 Reservoir Road, Los Gatos Tree Inventory, Assessment and Protection Report
December 4, 2022
E2: Spanish...........................................................................................................32 Qualifications, Assumptions, and Limiting Conditions...................................33 Certification of Performance.............................................................................34 Monarch Consulting Arborists LLC - P.O Box 1010, Felton, CA 95018 831.331.8982 - [email protected]
ITEM NO. 18.
45 Reservoir Road, Los Gatos Tree Inventory, Assessment and Protection Report
December 4, 2022
Summary
The applicant is requesting approval for construction of a new single-family residence and site improvements requiring a grading permit on vacant property Zoned R-1:20. APN
529-33-054. The inventory contains twenty (20) trees
comprised of eight (8) different species. Six oaks are Large Protected with three originating on the adjacent property and fruit trees #309 and #317 are Exempt. Trees #302, #303, #313, #317, #319, #314, #315, and #316 are not indicated on the plans and #303, #320, #314, #315, and #316 are all located on adjacent properties. Twelve trees are in good condition, three fair, four poor and one coast live oak (#308) is in very poor shape. There are discrepancies between the civil, landscape, and architectural plans. Fifteen trees are to be highly impacted and five moderate to highly depending on their actual location.
Tree protection will focus on those located on adjacent sites #314, #315, #316, #303, and #320 and wether or not tree #318 is to be preserved. Trees #314, #315, #316, and #303 need to be located to help determine impacts. The applicant will be required to replace fifteen protected trees according to the ordinance. There were twenty trees appraised for a rounded depreciated value of $235,440.00 ($146,200 are the three blue oaks on the adjacent site).
Introduction
Background
The Town of Los Gatos asked me to assess the site, trees, and proposed footprint plan, and to provide a report with my findings and recommendations to help satisfy planning
requirements.
Assignment
• Provide an arborist’s report including an assessment of the trees within the project area and on the adjacent sites. The assessment is to include the species, size (trunk diameter), condition (health, structure, and form), and suitability for preservation ratings. Affix number tags on the trees for reference on site and on plans.
• Provide tree protection specifications, guidelines, and impact ratings for those affected by the project.
• Provide appraised values using the Trunk Formula Technique.
Limits of the assignment
• The information in this report is limited to the condition of the trees during my inspection on December 2, 2022. No tree risk assessments were performed.
• Tree heights and canopy diameters are estimates.
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ITEM NO. 18.
45 Reservoir Road, Los Gatos Tree Inventory, Assessment and Protection Report
December 4, 2022
• The plans reviewed for this assignment were as follows (Table 1)
Purpose and use of the report
The report is intended to identify all the trees within the plan area that could be affected by a project. The report is to be used by the Town of Los Gatos and the property owners as a
reference for existing tree conditions to help satisfy planning requirements.
Observations
Tree Inventory
The inventory consists of trees protected by the Town of Los Gatos located on site and those in close proximity on
neighboring properties. Sec. 29.10.0960. - Scope of protected trees. All trees which have a four-inch or greater diameter (twelve and one half-inch circumference) of any trunk, when removal relates to any review for which zoning approval or subdivision approval is required. (Appendix A and B). Los Gatos Town Ordinance 29.10.0970 Exceptions (1) states the following: “A fruit or nut tree that is less than eighteen (18) inches in diameter (fifty-seven-inch circumference).
Plans
The applicant is requesting approval for construction of a new single-family residence and site improvements requiring a grading permit on vacant property Zoned R-1:20. APN
529-33-054.
Table 1: Plans Reviewed Checklist
Plan Date Sheet Reviewed Source
Existing Site
Topographic
Proposed Site
Plan
A4 Yes Kohlsaat &
Associates
Erosion
Control
Grading and
Drainage
C-4 Yes TS Engineering
Utility Plan
and Hook-up
locations
C-5 Yes TS Engineering
Exterior
Elevations
Landscape
Plan
A5 Yes Kohlsaat &
Associates
Irrigation Plan
T-1 Tree
Protection
Plan
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ITEM NO. 18.
45 Reservoir Road, Los Gatos Tree Inventory, Assessment and Protection Report
December 4, 2022
The inventory contains twenty (20) trees comprised of eight (8) different species (Chart 1). Six oaks are considered Large Protected1 with three of those originating on the adjacent property (blue oaks #314, #15, and #316) and three coast live oaks (#304, #305, and #318) on site. Fruit trees olive #309 and plum #317 are Exempt . Trees #302, #303, #313, #317, #319, #314, #315, and #316 are not 2 indicated on the plans. Trees #303, #320, #314, #315, and #316 are all located on adjacent properties.
Large protected tree means any oak (Quercus spp.), California buckeye (Aesculus californica), or Pacific madrone (Arbutus menziesii) which has a 24-inch or 1 greater diameter (75-inch circumference); or any other species of tree with a 48-inch or greater diameter (150-inch circumference).
A fruit or nut tree that is less than eighteen (18) inches in diameter (fifty-seven-inch circumference). 2 Monarch Consulting Arborists LLC - P.O Box 1010, Felton, CA 95018 831.331.8982 - [email protected] Page of 3 34
Quantity
ITEM NO. 18.
45 Reservoir Road, Los Gatos Tree Inventory, Assessment and Protection Report
December 4, 2022
Analysis
Tree appraisal was performed according to the Council of Tree & Landscape Appraisers Guide for Plant Appraisal 10th Edition, 2019 (CLTA) along with Western Chapter International Society of Arboriculture Species Classification and Group Assignment, 2004. The trees were appraised using the “Cost Approach” and more specifically the “Trunk Formula Technique” (Appendix B). “Trunk Formula Technique” is calculated as follows: Basic Tree Cost = (Unit tree cost x Appraised trunk area), Appraised Value = (Basic tree cost X functional Limitations (percentage) X Condition (percentage) X External Limitations (percentage)).
The trunk formula valuations are based on four tree factors; size (trunk cross sectional area), condition, functional limitations, and external limitations. There are two steps to determine the overall value. The first step is to determine the “Basic Tree Cost” based on size and unit tree cost. Unit tree cost is calculated by dividing the nursery wholesale cost of a 24 inch box specimen and its replacement size (cost per square inch trunk caliper) which is determined by the Species Classification and Group Assignment, 2004 Western Chapter Regional Supplement. The cost of the 24 inch box wholesale specimen was determined through personal communications with BrightView and Normans nurseries in Farmington and Central Wholesale in San Jose for an average of $214.00.
The second part is to depreciate the tree’s Basic Cost through an assessment of condition, functional limitations, and external limitations. The condition assessment guidelines and percentages are defined in the “Condition Rating” section of this report.
Functional limitations are based on factors associated with the tree’s interaction to its planting site that would affect condition, limit development, or reduce the utility in the future and include genetics, placement, and site conditions for the individual tree. External limitations are outside the property, out of control of the owner and also affect condition, limit development, or reduce the utility in the future (i.e power lines, municipal restrictions, drought adaptations, or species susceptibility to pests).
There were twenty trees appraised for a rounded depreciated value of $235,440.00 ($146,200 are the three blue oaks on the adjacent site).
Appraisal worksheets are available upon request.
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ITEM NO. 18.
45 Reservoir Road, Los Gatos Tree Inventory, Assessment and Protection Report
December 4, 2022
Discussion
Condition Rating
A tree’s condition is a determination of its overall health, structure, and form. The assessment considered all three criteria for a combined condition rating.
• 91- 100% - Exceptional = Good health and structure with significant size, location or quality.
• 61-80% - Good = Normal vigor, well-developed structure, function and aesthetics not compromised with good longevity for the site.
• 41-60 % - Fair = Reduced vigor, damage, dieback, or pest problems, at least one significant structural problem or multiple moderate defects requiring treatment. Major
asymmetry or deviation from the species normal habit,
function and aesthetics compromised.
• 21-40% - Poor = Unhealthy and declining appearance with poor vigor, abnormal foliar color, size or density with potential irreversible decline. One serious structural defect or multiple significant defects that cannot be corrected and failure may occur at any time. Significant asymmetry and compromised aesthetics and intended use.
• 6-20% - Very Poor = Poor vigor and dying with little foliage in irreversible decline. Severe defects with the likelihood of failure being probable or imminent. Aesthetically poor with little or no function in the landscape.
• 0-5% - Dead/Unstable = Dead or imminently ready to fail.
Twelve trees are in good condition, three fair, four poor and one coast live oak (#308) is in very poor shape (Chart 2). The lot and the trees have not been maintained or maintained very well.
Several trees #304, #311, and #312 are either topped or poorly maintained to avoid overhead high voltage lines.
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Quantity
ITEM NO. 18.
45 Reservoir Road, Los Gatos Tree Inventory, Assessment and Protection Report
December 4, 2022
Expected Impact Level
Impact level defines how a tree may be affected by construction activity and proximity to the tree, and is described as low, moderate, or high. The following scale defines the impact rating:
• Low = The construction activity will have little influence on the tree.
• Moderate = The construction may cause future health or structural problems, and steps must be taken to protect the tree to reduce future problems.
• High = Tree structure and health will be compromised and removal is recommended, or other actions must be taken for the tree to remain. The tree is located in the building envelope.
Trees #302, #303, #313, #317, #319, #314, #315, and #316 are not indicated on the plans. There are discrepancies between the civil, landscape, and architectural plans. The architectural plans (A4 ), landscape plan (A5), civil drawings (C-7) indicate the lower coast live oak #318 is to be retained but the Grading and Drainage Plan C-4 clearly indicates this tree would be highly impacted by the keyway and grading in this area. I believe this tree (#318) is critical for screening. Architectural sheets A4 and A5 also indicate coast live oak #320 is to be removed, however the tree is indicated to be on the adjacent property.
Looking at the civil plans all the trees on site would be required to be removed. The architectural plans indicate #301, #310, and #318 are to be preserved but again are in conflict with the grading and drainage plans. There are five trees that could be moderately impacted located on the adjacent properties which are #314, #315, #316, #303, and #320. Trees #314, #315, #316 will need to be located to obtain exact distances from the excavation to the trees. #303, and #320 are near the road improvements and will need to be preserved. Fifteen trees are to be highly impacted and five moderate to highly (Chart 4).
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Quantity
ITEM NO. 18.
45 Reservoir Road, Los Gatos Tree Inventory, Assessment and Protection Report
December 4, 2022
Mitigation for Removals
The table below indicates the recommended replacement values (Table 2). The applicant will be required to replace fifteen protected trees according to the ordinance. Alternatively it may be possible to create an approved landscape plan or provide an in-lieu payment.
1 To measure an asymmetrical canopy of a tree, the widest measurement shall be used to determine canopy size.
2 Often, it is not possible to replace a single large, older tree with an equivalent tree(s). In this case, the tree may be replaced with a combination of both the Tree Canopy Replacement
Standard and in-lieu payment in an amount set forth by Town Council resolution paid to the Town Tree Replacement Fund. 3 Single Family Residential Replacement Option is available for developed single family residential lots under 10,000 square feet that are not subject to the Town’s Hillside Development Standards and Guidelines. All 15-gallon trees must be planted on-site. Any in-lieu fees for single family residential shall be based on 24” box tree rates as adopted by Town Council. 4 Replacement Trees shall be approved by the Town Arborist and shall be of a species suited to the available planting location, proximity to structures, overhead clearances, soil type, compatibility with surrounding canopy and other relevant factors. Replacement with native species shall be strongly encouraged. Replacement requirements in the Hillsides shall comply with the Hillside Development Standards and
Guidelines Appendix A and Section 29.10.0987 Special
Provisions—Hillsides.
Table 2: Town of Los Gatos Tree Canopy - Replacement
Standard
Canopy Size of
Removed Tree (1)
Replacement
Requirement (2)(4)
Single Family
Residential
Replacement
Option (3)(4)
10 feet or less Two 24 inch box
trees
Two 15 gallon
trees
More than 10 feet to 25
feet
Three 24 inch box
trees
Three 15 gallon
trees
More than 25 feet to 40
feet
Four 24 inch box
trees or two 36 inch
box trees
Four 15 gallon
trees
More than 40 feet to 55
feet
Six 24 inch box
trees; or three 36
inch box trees
Not available
Greater than 55 feet Ten 24 inch box
trees; or five 36 inch
box trees
Not available
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ITEM NO. 18.
45 Reservoir Road, Los Gatos Tree Inventory, Assessment and Protection Report
December 4, 2022
Tree Protection
Typically there are three different tree protection schemes which are called Type I (Appendix D1), Type II and Type III (Appendix D2) trunk protection only. Tree protection focuses on avoiding damage to the roots, trunk, or scaffold branches (Appendix D). The most current accepted method for determining the TPZ is to use a formula based on species tolerance, tree age/vigor, and trunk diameter (Matheny, N. and Clark, J. 1998) (Fite, K, and Smiley, E. T., 2016). Preventing mechanical damage to the trunk from equipment or hand tools can be accomplished by wrapping the main stem with straw wattle or using vertical timbers (Appendix D).
Tree protection will focus on those located on adjacent sites #314, #315, #316, #303, and #320 and wether or not tree #318 is to be preserved. Trees #314, #315, #316, and #303 need to be located to help determine what exactly the impacts are expected. Fence around these trees no closer than six times their trunk diameter distance would likely be adequate. Obtaining eight to ten times the trunk diameter in radius from trees #314, #315, #316 would be ideal.
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ITEM NO. 18.
45 Reservoir Road, Los Gatos Tree Inventory, Assessment and Protection Report
December 4, 2022
Conclusion
The applicant is requesting approval for construction of a new single-family residence and site improvements requiring a grading permit on vacant property Zoned R-1:20. APN 529-33-054. The inventory contains twenty (20) trees comprised of eight (8) different species. Six oaks are Large Protected with three originating on the adjacent property (blue oaks #314, #15, and #316) and three coast live oaks (#304, #305, and #318) on site. Fruit trees olive #309 and plum #317 are Exempt. Trees #302, #303, #313, #317, #319, #314, #315, and #316 are not indicated on the plans and #303, #320, #314, #315, and #316 are all located on adjacent properties. Twelve trees are in good condition, three fair, four poor and one coast live oak (#308) is in very poor shape.
There are discrepancies between the civil, landscape, and architectural plans. The architectural plans (A4 ), landscape plan (A5), civil drawings (C-7) indicate the lower coast live oak #318 is to be retained but the Grading and Drainage Plan C-4 clearly indicates this tree would be highly impacted by the keyway and grading in this area. I believe this tree (#318) is critical for screening. Architectural sheets A4 and A5 also indicate coast live oak #320 is to be removed, however the tree is on the adjacent property. Looking at the civil plans all the trees on site would be required to be removed. The architectural plans indicate #301, #310, and #318 are to be preserved but are in conflict with the grading and drainage plans. There are five trees that could be moderately impacted on the adjacent properties which are #314, #315, #316, #303, and #320. Trees #314, #315, #316 will need to be located to obtain exact distances from the excavation to them. #303, and #320 are near the road improvements and will need to be preserved. Fifteen trees are to be highly impacted and five moderate to highly depending on their actual location.
Tree protection will focus on those located on adjacent sites #314, #315, #316, #303, and #320 and wether or not tree #318 is to be preserved. Trees #314, #315, #316, and #303 need to be located to help determine what exactly the impacts are expected. Fence around these trees no closer than six times their trunk diameter distance would likely be adequate. Obtaining eight to ten times the trunk diameter in radius from trees #314, #315, #316 would be ideal.
The applicant will be required to replace fifteen protected trees according to the ordinance. There were twenty trees appraised for a rounded depreciated value of $235,440.00 ($146,200 are the three blue oaks on the adjacent site).
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ITEM NO. 18.
45 Reservoir Road, Los Gatos Tree Inventory, Assessment and Protection Report
December 4, 2022
Recommendations
1. Place tree numbers on all the plans. Make sure the trees are clearly indicated for removal on all the plans. The trees should also be very clearly marked on site prior to removal.
2. Locate trees #302, #303, #313, #317, #319, #314, #315, and #316 on the plans.
3. Coordinate trees to be preserved or removed between the civil engineer and architect (#301, #310, #318, #320).
4. Place tree protection fence at least eight times the trunk diameter distance from the trunks of trees to be retained.
5. Install temporary irrigation or soaker hoses in all tree protection zones and provide supplemental watering during construction within all TPZ areas. Monitor watering times or amounts to ensure adequate soil saturation. (A 5/8” soaker hose requires about 200 minutes to deliver one inch of water to a garden. This number is affected by the length of the hose and the overall rate of flow from the faucet. A good rule of thumb is to expect about ½ GPM as a standard faucet flow rate.). Infrequent deeper watering is preferred.
6. All tree maintenance and care shall be performed by a qualified arborist with a C-61/D-49 California Contractors License. Tree maintenance and care shall be specified in writing according to American National Standard for Tree Care Operations: Tree, Shrub and Other Woody Plant Management: Standard Practices parts 1 through 10 and adhere to ANSI Z133.1 safety standards and local regulations. All maintenance is to be performed according to ISA Best Management Practices.
7. Refer to Appendix D for general tree protection guidelines including recommendations for arborist assistance while working under trees, trenching, or excavation within a trees drip line or designated TPZ/CRZ.
8. Place all the tree protection fence locations and guidelines on the plans including the grading, drainage, and utility plans.
Alternatively create a separate plan sheet that includes all three protection measures labeled “T-1 Tree Protection Plan.”
9. Provide a copy of this report to all contractors and project managers, including the architect, civil engineer, and landscape designer or architect. It is the responsibility of the owner to ensure all parties are familiar with this document.
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ITEM NO. 18.
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10. Arrange a pre-construction meeting with the project arborist or landscape architect to verify tree protection is in place, with the correct materials, and at the proper distances.
Bibliography
American National Standard for Tree Care Operations: Tree, Shrub and Other Woody Plant Management : Standard Practices (Management of Trees and Shrubs During Site Planning, Site Development, and Construction)(Part 5). Londonderry, NH:
Secretariat, Tree Care Industry Association, 2019. Print.
Fite, Kelby, and Edgar Thomas. Smiley. Managing trees during construction, second edition. Champaign, IL: International Society of Arboriculture, 2016.
ISA. Guide For Plant Appraisal 9th Edition. Savoy, IL: International Society of Arboriculture, 2000. Print.
ISA. Guide For Plant Appraisal 10th Edition. Savoy, IL: International Society of Arboriculture, 2018. Print.
ISA. Species Classification and Group Assignment, 2004 Western Chapter Regional Supplement. Western Chapter ISA Matheny, Nelda P., Clark, James R. Trees and development: A technical guide to preservation of trees during land development.
Bedminster, PA: International Society of Arboriculture 1998.
Smiley, E, Matheny, N, Lilly, S, ISA. Best Management Practices: Tree Risk Assessment: International Society of Arboriculture, 2017.
Print
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ITEM NO. 18.
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December 4, 2022
Glossary of Terms
Basic Tree Cost: The cost of replacement for a perfect specimen of a particular species and cross sectional area prior to location and condition depreciation.
Cost Approach: An indication of value by adding the land value to the depreciated value of improvements.
Defect: An imperfection, weakness, or lack of something necessary. In trees defects are injuries, growth patterns, decay, or other conditions that reduce the tree’s structural strength.
Diameter at breast height (DBH): Measures at 1.4 meters (4.5 feet) above ground in the United States, Australia (arboriculture), New Zealand, and when using the Guide for Plant Appraisal, 9th edition; at 1.3 meters (4.3 feet) above ground in Australia (forestry), Canada, the European Union, and in UK forestry; and at 1.5 meters (5 feet) above ground in UK arboriculture.
Drip Line: Imaginary line defined by the branch spread or a single plant or group of plants. The outer extent of the tree crown.
Form: describes a plant’s habit, shape or silhouette defined by its genetics, environment, or management.
Health: Assessment is based on the overall appearance of the tree, its leaf and twig growth, and the presence and severity of insects or disease.
Mechanical damage: Physical damage caused by outside forces such as cutting, chopping or any mechanized device that may strike the tree trunk, roots or branches.
Scaffold branches: Permanent or structural branches that for the scaffold architecture or structure of a tree.
Straw wattle: also known as straw worms, bio-logs, straw noodles, or straw tubes are man made cylinders of compressed, weed free straw (wheat or rice), 8 to 12 inches in diameter and 20 to 25 feet long. They are encased in jute, nylon, or other photo degradable materials,
and have an average weight of 35 pounds.
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