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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:
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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
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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
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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.
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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
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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
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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.
ATTACHMENT 7
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
ADDENDUM
DATE: March 3, 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.
REMARKS:
Attachment 8 includes additional public comments received between 11:01 am, Thursday, February 27, 2025, and 11:00 am, Monday, March 3, 2025.
ATTACHMENTS:
Attachments previously received with the March 4, 2025 Staff Report:
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
EXHIBIT 5 Page 758
ITEM NO. 18.
PAGE 2 OF 2
SUBJECT: 45 Reservoir Road/S-22-048
DATE: March 3, 2025
Attachments received with this Addendum Report:
8. Public comments received between 11:01 am, Thursday, February 27, 2025, and 11:00 am, Monday, March 3, 2025
ITEM NO. 18.
-----Original Message-----
From: [email protected]
Sent: Friday, February 28, 2025 10:15 AM
To: Sean Mullin <[email protected]>; Matthew Hudes <[email protected]>; Rob Moore <[email protected]>; Rob Rennie <[email protected]>; [email protected]; [email protected]
Cc: Mary Vidovich < >
Subject: Appeal for 45 Reservoir Road
[EXTERNAL SENDER]
I have attached written comments from Mary Vidovich regarding her appeal regarding 45 Reservoir Road.
ITEM NO. 18.
February 28, 2025
Written Comments
45 Reservoir Road Appeal
Town Council March 4, 2025
From: Mary Vidovich
This lot was created as part of a subdivision of 60 Rogers. When created, the lot was essentially unbuildable due to steep slope (average 28%) and the roadway occupying much of the Least Restrictive Development Area.
Rather than accept these limitations, the developer relies on numerous (at least 7 of them) development exceptions to “make the design work” (as stated in the Letter of Justification).
The result is a maximum development with maximum exceptions.
Rather than place a priority on “making the design work” the priority should be to work within the minimize the development exceptions and accept a more modest structure on the site.
Although nominally a 10,000 sq. ft. lot, it is functionally much smaller, perhaps the equivalent of a 5,000 sq. ft. lot. The plans show the “net site area” as 4,600 sq. ft.
Instead of having frontage on a public road and being relatively level as contemplated in the zoning ordinances, this lot is both steep and cut in half by the private road, with the remaining downhill portion too steep to support development without a massive retaining wall. In addition, perhaps a third of the lot will be used for roadway and the turnaround.
Any development should be limited to the LRDA on the uphill portion of the lot The following is a summary of some of the concerns with this proposed development.
1. House and footprint are too large for this lot.
Squeezing this large house onto the portion of the lot that is available for building requires numerous exceptions to normal development standards and the removal of more trees than can be justified.
Any development should be limited to the LRDA on the uphill portion of the lot
2. The proposed house is much larger than the average of the houses in the neighborhood.
3. Inadequate parking.
There is a two car garage that uses tandem parking, and only one surface parking space. The development includes an ADU, so this is a two household development.
ITEM NO. 18.
4. Setback requirements are ignored.
The developer argues that should not be required to meet the setback requirements applicable to the lot’s R1-20 zoning. A better solution is to build a smaller house.
5. Excessively high retaining walls.
A 15’ tall retaining wall a few feet from the downhill neighboring lot is excessive. The neighbor will no longer be looking at a natural hill side, but will now face a massive block wall.
6. The proposed storm drainage appears to be inadequate.
Although staff has reviewed the proposed grading and drainage plan, we remain concerned that the “natural drainage” is inadequate.
There is a great increase in the impermeable surface area. Together with the removal of over 13 trees with result in an increase in both surface and subsurface flows of storm waters. The plans state that the impermeable area has increased to approximately 6,300 sq. ft. But the plans also show the “disturbed area” of approximately 8,200 sq. ft.
Flows are directed to the turnaround, and then drained into a 100 sq. foot by 3 feet deep trench.
Presumably the water will then percolate underground onto the neighboring properties for them to live with. This strikes us a less than optimal solution.
7. The development requires an excess amount of imported fill.
The plans show the need for more than 2,000 cubic feet of fill to be brought onto site. Total fill needed is approximately 3,500 cubic feet, with construction generating approximately 1,400 cubic feet of cut.
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
DESK ITEM
DATE: March 4, 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.
REMARKS:
Attachment 9 includes exhibits prepared by the applicant showing the existing slopes within the footprint of the proposed residence and the area of least restrictive development area (LRDA) within the footprint of the proposed residence.
ATTACHMENTS:
Attachments previously received with the March 4, 2025 Staff Report:
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.
PAGE 2 OF 2
SUBJECT: 45 Reservoir Road/S-22-048
DATE: March 4, 2025
Attachments previously received with the March 4, 2025 Addendum Report:
8. Public comments received between 11:01 am, Thursday, February 27, 2025, and 11:00 am, Monday, March 3, 2025
Attachment received with this Desk Item Report:
9. Slope and LRDA exhibits by applicant
ITEM NO. 18.
EST. 1910
ATTACHMENT 9
ITEM NO. 18.
EST. 1910
ITEM NO. 18.
PAGE 4 OF 8
SUBJECT: Minutes of the Town Council Meeting of March 4, 2025 DATE: March 4, 2025
MOTION: Motion by Council Member Rennie to adopt the draft resolution in Attachment 2 and make the required findings and approve the Architecture and Site, the Conditional Use Permit, the Subdivision Applications, and the Conditions of Approval. Seconded by Council Member Ristow.
VOTE: Motion passed 4-0. Council Member Badame recused.
Council Member Badame returned to the Council Chambers.
11. 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 according 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.
Sean Mullin, Planning Manager, presented the staff report.
Council provided the following disclosures:
Council Member Rennie stated he met with the appellant and a neighbor and visited the site.
Vice Mayor Moore stated he visited and met with the appellant. Council Member Ristow stated she visited the site, walked the access road, and met with the appellant.
Council Member Badame stated she met with the appellant and walked the site and roadway.
Mayor Hudes stated he met with the appellant and walked the site.
Mayor Hudes opened public comment.
Mary J. Vidovich, Appellant, provided opening comments and discussed the reasons for the appeal.
Gary Kohlsaat, Architect, provided opening comments and discussed the project.
Paul Paspa
- Commented on concerns with the size of the proposed project.
Kathleen Watson
- Commented on concerns with safety, tree protection, and the size of the proposed project.
ITEM NO. 18.
PAGE 5 OF 8
SUBJECT: Minutes of the Town Council Meeting of March 4, 2025 DATE: March 4, 2025
Gary Kohlsaat, Architect, provided closing comments and addressed speaker comments.
Mary J. Vidovich, Appellant, provided closing comments stating her concerns with the project.
Mayor Hudes closed public comment.
Council asked questions and discussed the item.
MOTION: Motion by Council Member Badame to have staff prepare a resolution to grant the appeal, remand the application back to the Planning Commission with direction to reduce the building footprint and consideration of the (least restrictive development areas) LRDA and reduce the volume. Seconded by Vice Mayor Moore.
VOTE: Motion passed 4-1. Council Member Ristow voted no.
MOTION: Motion by Council Member Ristow [to extend the meeting to] no later than 12:30 [a.m.] Seconded by Vice Mayor Moore.
VOTE: Motion passed unanimously.
Mayor Hudes called a recess at 11:33 p.m.
Mayor Hudes reconvened the meeting at 11:42 p.m.
12. Conduct a Public Hearing for Appeal of Administrative Citation VL-19-362 (16660 Cypress Way) for Violations of the Los Gatos Town Code Related to Grading and Building and Adopt a Resolution Upholding the Administrative Citation and Imposing Costs According to Proof.
RESOLUTION 2025-008
Mayor Hudes stated the process of the appeal. Gabrielle Whelan, Town Attorney, stated the appeal is limited to the December 13, 2024, and January 16, 2025, correspondence submitted by the appellants.
Mayor Hudes opened public comment.
Lance Bayer, Special Counsel, provided opening comments and addressed the concerns stated in the December 13, 2024, correspondence.
Josh Balsur, Counsel for Appellant, provided opening comments and provided an update on the required permits.
Scott Watson, Neighbor
- Commented on the citations and litigation with the appellant.
ITEM NO. 18.
RESOLUTION 2025- 009
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
GRANTING AN APPEAL OF THE DECISION OF THE PLANNING COMMISSION
APPROVING A REQUEST FOR CONSTRUCTION OF 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 PROPERTYZONED R- 1: 20 AND REMANDING THE APPLICATION BACK TO
PLANNING COMMISSION WITH SPECIFIC DIRECTION
APN 529- 33- 054
ARCHITECTURE AND SITE APPLICATION: S- 22- 048
PROPERTY LOCATION: 45 RESERVOIR ROAD
APPELLANT: MARY). VIDOVICH
PROPERTY OWNER: FARNAZ AGAHIAN
APPLICANT: GARY KOHLSAAT, ARCHITECT
WHEREAS, on January 8, 2025, the Planning Commission held a public hearing and considered 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. The Planning Commission approved the Architecture and Site application subject to conditions of approval;
WHEREAS, on January 17, 2025, the appellant, an interested person, filed a timely appeal of the decision of the Planning Commission approving the request for construction of 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; WHEREAS, this matter came before the Town Council for a public hearing on March 4, 2025, and was regularly noticed in conformance with State and Town law; and WHEREAS, the Town Council received testimony and documentary evidence from the appellant and all interested persons who wished to testify or submit documents. The Town Council considered all testimony and materials submitted, including the record of the Planning Commission proceedings and the packet of materials contained in the Council Agenda Report for their meeting on March 4, 2025, along with any and all subsequent reports and materials prepared concerning this application; and
WHEREAS, 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 inconsideration ofthe least restrictive development
Resolution 2025 009 March 18, 2025
EXHIBIT 8
ITEM NO. 18.
area ( LRDA); and
2. Reduce the volume/ massing of the residence.
WHEREAS, 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; and WHEREAS, the Town Council directed staff to return to the Town Council with an updated resolution.
NOW, THEREFORE, BE IT RESOLVED:
In accordance with Town Code Section 29. 20.295, the Town Council finds that:
1. The Planning Commission erred in approving the Architecture and Site application, because the application does not comply with the objectives of the Hillside Development Standards and Guidelines, specifically regarding constraints analysis and site selection, selecting sites to minimize susceptibility to fire hazards, and minimizing the bulk and mass of a building.
2. The appeal of the decision of the Planning Commission approval of a request for construction of 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 is granted and the application has been remanded back to the Planning Commission with specific direction.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 181h day of March 2025, by the following vote:
COUNCIL MEMBERS:
AYES: Maria Ristow, Rob Rennie, Rob Moore, Mary Badame, Mayor Matthew Hudes NAYS: None
ABSENT: None
ABSTAIN: None
ATTEST.
TOWN CL OF. -THEE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
SIGNED:
W, -,, e2_A4 12 -(,,
MAYOR OF THE N OF LOS GATOS
LOS GATOS, CALIFORNIA
Resolution 2025- 009 March 18, 2025
ITEM NO. 18.
Planning Department May 2, 2025
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
To Whom it May Concern:
On behalf of the property owner Ms. Farnaz Agahian, I once again 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).
Project History:
- Project was heard during a Planning Commission meeting on 1/3/2025. Project was approved subject to conditions of approval.
- Project was appealed by a neighboring resident on 1/17/2025. Project was submitted to the City Council for a public meeting on 3/4/2025. The appeal was granted with the resolution 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.
This letter, accompanies by the attached development plans, contain descriptions of the revision in an effort to address the directions. Refer to previously submitted plans and justification letter for the description of the original project and exceptions requested.
Reduce the volume/massing of the residence.
The original proposed design asked for two side setback reductions, yet we did not ask for extra floor area beyond what is allowed. The reason we wanted this extra ‘width’ was because we wanted to keep the building lower in height and less visible to the valley floor, and not some kind of split level or third story.
In this revision we reduced the width of the house and shaved off 2.5 ft across the entire building on the west side, plus a varying of 1ft to 3ft across the whole building on the east side which includes stepping the garage side wall back to conform to the side setback. This reduced the floor area (FAR) by 47sf and the whole structure by 244sf. We also pulled back the front porch wall by 2.5 ft, cutting back another 30sf of covered area. Together, we shrank the structure footprint (structural coverage) by 168ft and the residence is no longer encroaching into the side setbacks.
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
ITEM NO. 18.
THE AGAHIAN RESIDENCE, 45 RESERVOIR ROAD, PAGE 2 of 6
Reduce the building footprint in consideration of the least restrictive development area (LRDA)
The existing road takes up one-third of the building envelope and one of the two only LRDA on this lot. This not only pinches the remaining available building envelope, it also means the only LRDA we could work with is the one within the rear yard. Because of this, we are continuing to propose a part of the house to encroach into the rear yard with a reduced rear setback varying from 19.5ft to 21.5ft. This portion of the encroachment is exacerbated by the acute angle of the lot shape, but it will not be visible from the road and there will still be plenty of distance to the rear fence. Further it moves the house away from the road and allows us to place more of the residence within the LRDA. Potentially we could move the house even farther back, but then this would further increase the amount of grading and trigger another retaining wall height exception that we prefer to avoid.
Dia 1.0 Floor plan exhibit showing the areas of house size reduction
ITEM NO. 18.
THE AGAHIAN RESIDENCE, 45 RESERVOIR ROAD, PAGE 3 of 6
Exceptions:
Besides from the two responses to the City Council directions, we also want to take this opportunity to provide further justification to other exception requests.
Most of the time the hillside guidelines are used on hillside zoned lots that in generally are a lot bigger (a min of 40,000sf). Our lot is zoned R-1-20, but is only 10,000sf. This severely difference in size plus the set of unique conditions (road, LRDA, slope, etc) have made conforming to all the hillside guidelines extremely difficult and in our case impossible. The only way we can make any development viable, and to quote the guidelines ‘select the best area on the property for the development’ relies on getting reasonable exceptions.
As mentioned in the original proposal, the hair pin turn in front of 36 Rogers Street could not be accessible by the Fire Trucks. According to Matt McKenna, Senior Deputy Fire Marshal of the Santa Clara County Fire Department, even if they come in from Reservoir Road, the chance of them being stuck blocking the road and egress will pose a great threat to everyone. There has to be a turn-around area to allow them to fight fires and maneuver, while allowing the residents to evacuate. Even without a house, such an area is needed and the only way to create it is through grading and retaining walls.
There has to be some exceptions permitted to create the minimum amount of space to allow the construction of any structure and life-saving spaces on this sub-standard lot. We identified the following exceptions as part of the must-haves in order to achieve that, regardless of the size of the house;
1) Grading fill (over 3ft) exceeding the hillside standard (for the turn-around) 2) Retaining wall height exceeding the hillside standard (for the turn-around) 3) Development outside of the LRDA zone (for any size house) 4) Entire roadway (in this case the entire private portion of Reservoir Road) required to be at min of 18ft wide.
However, with this revision, these previously requested exceptions are removed:
5) Not having two full size parking spaces in the garage - the floor plan is modified to provide 2 full size parking spaces.
6) Reduced side setback - size of the house is reduced and the proposed design is no longer encroaching into the side setback.
These are the remaining exceptions directly related to the house that are still needed:
7) Reduced rear setback due to limited building envelope, the angle of the rear property line, the need to move the house away from the road and make better use of the LRDA. 8) Grading cut exceeding the hillside standard along the rear walkway in order to create an egress and circulation path for the exit doors.
9) A shorter than typical driveway (less than 18ft) exiting the garage 10) Not being able to provide 4 guest parking spaces on site per the Hillside Specific Plan.
Private Road:
We acknowledge the comments regarding the house being close to the private road, but with the road cutting through the lot, any proposed house is going to be close to the road. We cut back the front porch in the revision. The tightest point went from just 18 inches to now 3.5ft to the road, from there it flares out to 4-8 feet.
ITEM NO. 18.
THE AGAHIAN RESIDENCE, 45 RESERVOIR ROAD, PAGE 4 of 6
A majority of this road will also be multi-tasked as the fire truck turn-around and the back-up space for the garage. Our civil engineer has explored many configurations with the Fire Department, and we were approved with a modified turn-around area (shown on civil sheet 4).
This large flat area needs to be created with grading/fill and retaining walls. It is also the reason we don’t have room for 4 guest parking spaces on our lot and why our driveway is shorter than the required 18ft length. Moving the road any more than proposed will not only take away the turn-around area, it will create more problems for our neighbors since we will need to extend the grading work well into their properties.
Tree Removal:
This is a never been developed lot and there are trees throughout the property. About half of them are in poor condition and quite a few ones criss-crossing the existing PG&E overhead lines. Aside from the trees for being in the way and having potential fire hazard, a number of these trees are of poor condition and will not survive the construction. Instead, we proposed to plant native replacement trees (such as oaks and toyon or similar fire tolerant types) at carefully selected locations to enforce a 5ft defensible space around the structure.
The appeal brought up a rumored tree violation left behind by the previous property owners.
Since the hearing Ms Agahian has reached out to the Code Compliance Officer Mr Allen Meyer about this. He confirmed that such violation was resolved by the previous owners and all fines were paid. Any related exhibit presented on this matter should not be used against Ms Agahian’s application.
We are also working with PG&E to re-install portion of the PG&E line running through our property to an underground line, including a branch line going to 60 Rogers Street, to further mitigate potential fire risk.
Impervious Areas and Drainage:
The reduced footprint of the structure (as tabulated on sheet A1) takes up only 21% of the lot.
The circulation around the house takes up another 10.68 %, but the majority of the impervious area comes from the road and the turn-around, which takes up about 32% of the total lot area.
Even with a differently-sized house, the impervious areas for the circulation, road and fire truck turn-around will still be required to take up the same amount of space.
One change we did make is instead of using an infiltration trench uphill of the 2 remaining oak trees, we replaced it with 2 retention chambers and located them underneath the turn-around area instead. These chambers are large enough to capture the site run off and allow it to be slowly re-absorbed on site. This relieves the impact on the existing oak trees and free up space for new ones.
In Summary
We have been working with the owner, staff and neighbors to make this development possible on this uniquely shaped and sub-standardly sized lot. Despite our greatest effort there are some exceptions that are inevitable for any economically viable development. While not perfect and exception free, every decision of this project was made to minimize the impact to our neighbors and be a responsible and fire safe development on the hillside. This lot has been vacant and unimproved for a long time, with neglected trees, overgrown wild bushes, uncontrolled run off,
ITEM NO. 18.
THE AGAHIAN RESIDENCE, 45 RESERVOIR ROAD, PAGE 5 of 6
intertwined overhead power lines and sub-standard fire access. This project will invest the much needed improvements that this property needs.
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. Setback Encroachment: (refer to architectural site plan on A1) As explained earlier, we reduced the building footprint to eliminate the side setback exception. But we are continuing to ask for a rear yard encroachment for a small part of the house because of the cut-short building envelope, the road and the LRDA.
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.
• 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 at the fire truck turn-around: (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. Grading (Cut) exception along the rear retaining wall and walkway (refer to arch site plan on A4 and section )
• A cut depth of roughly 7’-6” ft is needed at this area to create a circulation walkway around the house and to the keep the house back and away from the road. This cut depth is also chosen to allow for the 2 stepped retaining walls at allowable height and not trigger another exception.
4. Structure outside of the least restrictive development area (LRDA): (refer to sheet A3 and A4) There are only 2 LRDA on this lot and the road takes up one of them. The only remaining LRDA we could use is within the rear yard and outside of our building envelope. We proposed to put the building as far back as we could and partially encroaching into the rear yard, to allow for more of the residence to be on the LRDA.
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
ITEM NO. 18.
THE AGAHIAN RESIDENCE, 45 RESERVOIR ROAD, PAGE 6 of 6
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.
Sincerely,
Gary Kohlsaat
Architect C19245
ITEM NO. 18.
ITEM NO. 18.
OF
REVISIONS
DATE:
SCALE:
51 UNIVERSITY AVE. "L" • LOS GATOS, CA. • 95030 • (408) 395-2555
S H E E T
ARCHITECTURE AND SITE APPLICATION FOR
THE AGAHIAN RESIDENCE
45 RESERVOIR ROAD LOS GATOS, CA 95030
AS SHOWN
A-2
11/08/22 2 -
NEIGHBORHO
OD SITE PLAN
REV 5.7.25
SITE SECTION R
A-2
SITE SECTION R
A-2
PRIVATE ROAD
NEW FIRE TRUCK
TURN-AROUND
80 CLELAND AVE
R-1D
(15600sf)
90 CLELAND AVE
R-1D
(19000sf)
103 CLELAND AVE
R-1D
(9600sf)
109 CLELAND AVE
R-1D
114 CLELAND AVE
R-1D
120 CLELAND AVE
R-1D
(8190sf)
24 ROGERS ST
R-1-10
26 ROGERS ST
R-1-10
(17,275 sf)
36 ROGERS ST
R-1-10
(39472sf)
60 ROGERS ST
R-1-20
(15500SF)
55 ROGERS ST
R-1-20
(10000SF)
47 RESERVOIR ROAD
R-1-20
(19150sf)
49 RESERVOIR ROAD
R-1-20
56 CLELAND AVE
R-1D
(9580sf)
54 CLELAND AVE
R-1D
39 RESERVOIR ROAD
R-1D
(16100sf)
25 RESERVOIR ROAD
R-1D
(11900sf)
9 RESERVOIR ROAD
R-1D
(16117sf)
11 RESERVOIR ROAD
R-1D
(10180sf)
81 RESERVOIR ROAD
R-1-20
(60600sf)
79 RESERVOIR ROAD
R-1-20
(24084sf)
34 KIMBLE AVE
R-1-10
(9200sf)
38 KIMBLE AVE
R-1-10
(7300sf)
50 KIMBLE AVE
R-1-10
(7188sf)
56 KIMBLE AVE
R-1-10
(9000sf)
60 KIMBLE AVE
R-1-10
(10562sf)
CLELAND AVE
RESERVOIR ROAD ROGERS ST
KIMBLE AVE
PROJECT SITE
45 RESERVOIR RD
R-1-20
(10000SF)
VICINITY MAP
SITE
LEGEND
R-1D (MIN. SIZE LOT 5000SF)
SETBACK
FRONT 15FT
SIDE 5FT
REAR 20FT
R-1-10 (MIN. SIZE LOT 10,000SF)
SETBACK
FRONT 25FT
SIDE 10FT
REAR 20FT
R-1-20 (MIN. SIZE LOT 20,000SF)
SETBACK
FRONT 30FT
SIDE 15FT
REAR 25FT
LABEL
ADDRESS:
ZONING:
(LOT SIZE)
60 ROGERS
80 CLELAND
525.67'
514.50'
547' +/-
478.43' +/-
45 RESERVOIR
N
SCALE: 1" = 40'
NEIGHBORHOOD SITE PLAN
SCALE: 1" = 20'
SITE SECTION
ITEM NO. 18.
OF
REVISIONS
DATE:
SCALE:
51 UNIVERSITY AVE. "L" • LOS GATOS, CA. • 95030 • (408) 395-2555
S H E E T
ARCHITECTURE AND SITE APPLICATION FOR
THE AGAHIAN RESIDENCE
45 RESERVOIR ROAD LOS GATOS, CA 95030
AS SHOWN
A-3
11/08/22
3 -
DEMO/
EXISTING
SITE PLAN
REV 5.7.25
N09°09'35"E 129.90'
S73° 55' 30"E 83.65'
N11°34'58"E 125.57'
S86° 21' 44"E 45.09'
RESERVOIR DRIVE
(EXISTING PRIVATE ACCESS ROAD)
EXIST. 1-1/4" GAS
ADJ. GARAGE
ADJ. BLDG
15" OAK
PROPERTY LINE
PROPERTY LINE
PROPERTY LINE
PROPERTY LINE
REAR
RESIDENCE
ADJACENT
RESIDENCE
ADJACENT
RESIDENCE
FRONT
RESIDENCE
BLDG.
RESIDENCE
column
column
steps
s t e p s
s t e p s
p a t h
wall
wall
wall
s t e p s
wall
wall
wall
wall
wall
wall
wall
5' WATERLINE EASEMENT
TO TON / NGUYEN PER
INST:23351866 (PARCEL SIX)
5' GASLINE EASEMENT
TO AGAHIAN PER
INST: 25274348 (PARCEL THREE)
3' SANITARY SEWER EASEMENT
TO AGAHIAN PER
INST: 25274348 (PARCEL FOUR)
s t e p s
gate
s h e d
hen house
GUY
JP
GUY
N11° 34' 58"E 59.68
S72° 59' 19"E 48.91
S77° 03' 15"E 59.66
N09° 09' 35"E 12.76
S63° 55' 23"E 34.20
510
508
510
500
530
520
508
506
504
502
498
526
524
522
518
516
514
512
534
532
528
536
538
508
506
504
502
500
5'-0"
5'-0"
RELOCATE PG&E POLE
TREE PROTECTIVE FENCING
TREE PROTECTIVE FENCING
EXISTING WOOD FENCE TO
BE REPLACED WITH NEW
6FT WOOD FENCE
OUTLINED AREAS:
LRDA (SEE CIVIL C-3)
EXISTING WOOD FENCE
TO BE REPLACED EXISTING LINE,
NO CHANGE
SHADED BORDERS:
LRDA (SEE CIVIL C-3)
OUTLINED AREAS:
LRDA (SEE CIVIL C-3)
SHADED BORDERS:
SERVICE DROP
JP WITH
TRANSFORMER
#301
18" BLACK OAK
12" OAK
#312
6" BLACK OAK
#311
10" BLACK OAK
#310
10" COAST
LIVE OAK
#309 10" OLIVE
#308
12" COAST
LIVE OAK
#307
12" BLUE OAK
#306
18" BLACK OAK
#305 26"
COAST LIVE OAK #304
19,20"
COAST LIVE OAK
#318
14,18" COAST
LIVE OAK
#320
17" COAST LIVE OAK
#314
36" BLUE OAK
#313 5" TOYON
#315
30" BLUE OAK
#316
30" BLUE OAK
#302
4,3" TOYON
#317
4,4" PLUM
#319
4,4" ELDERBERRY
#303
5" BUCKEYE
12' INGRESS / EGRESS ESMT.
PER E 361 O.R. 165
60 ROGERS
STREET
36 ROGERS
STREET
80 CLELAND
ROAD
47 RESERVO
IR ROAD
LEGEND
EM
EXISTING PROPERTY LINE
EXISTING CONSTRUCTION TO BE DEMOLISHED
EXISTING LANDSCAPE RETAINING WALLS
EXISTING WOOD FENCE
TREE PROTECTION FENCE
ELECTRICAL METER
EXISTING TREE TO REMAIN
EXISTING TREE TO BE REMOVED
EXISTING ASPHALT PAVED PRIVATE ROAD
LEAST RESTRICTIVE DEVELOPMENT AREA
TREE
N
SCALE: 1/8" = 1'-0"
EXISTING SITE PLAN
ITEM NO. 18.
OF
REVISIONS
DATE:
SCALE:
51 UNIVERSITY AVE. "L" • LOS GATOS, CA. • 95030 • (408) 395-2555
S H E E T
ARCHITECTURE AND SITE APPLICATION FOR
THE AGAHIAN RESIDENCE
45 RESERVOIR ROAD LOS GATOS, CA 95030
AS SHOWN
A-4
11/08/22
4 -
ARCHITECTU
RAL SITE
PLAN
REV 5.7.25
N09°09'35"E 129.90'
S73° 55' 30"E 83.65'
N11°34'58"E 125.57'
S86° 21' 44"E 45.09'
ADJ. GARAGE
ADJ. BLDG
15" OAK
PROPERTY LINE
PROPERTY LINE
PROPERTY LINE
PROPERTY LINE
REAR
RESIDENCE
ADJACENT
RESIDENCE
ADJACENT
RESIDENCE
FRONT
RESIDENCE
BLDG.
RESIDENCE RESERVOIR ROAD
(PRIVATE ACCESS ROAD)
5' WATERLINE EASEMENT
TO TON / NGUYEN PER
INST:23351866 (PARCEL SIX)
5' GASLINE EASEMENT
TO AGAHIAN PER
INST: 25274348 (PARCEL THREE)
3' SANITARY SEWER EASEMENT
TO AGAHIAN PER
INST: 25274348 (PARCEL FOUR)
s t e p s
N11° 34' 58"E 59.68
S72° 59' 19"E 48.91
S77° 03' 15"E 59.66
N09° 09' 35"E 12.76
S63° 55' 23"E 34.20
(NEW)
10' PG&E EASEMENT
510
508
510
500
530
520
508
506
504
502
498
526
524
522
518
516
514
512
534
532
528
536
538
508
506
504
502
500
SEE CIVIL FOR
FIRE TURN-AROUND
DOWN
DOWN
25'-0"
SETBACK
15'-0"
SETBACK 15'-0" SETBACK
19'-7
REDUCED SETBACK
1/2"
5'-0" 5'-0"
5'-0"
5'-0"
22'-41/4"
REDUCED SETBACK
EGRESS/INGRESS
15'-9"
WIDTH
3'-6"
TO ROAD
SITE SECTION R
A-2
LOWER FL
BAY
LOWER FL
GARAGE GARAGE
FOOTPRINT BELOW
CONCRETE SITE
RETAINING WALL
CONCRETE SITE
RETAINING WALL
SEE DETAIL SHEET A5
RETAINING WALL
BLDG ADDRESS
MAIN FL
BALCONY
EX 6FT WOOD FENCE
OUTLINED AREAS:
LRDA (SEE CIVIL C-3)
SOLDIER PILE &
WOOD LAGGING
RETAINING WALL,
SEE DETAIL A5.0.
NEW 6FT WOOD FENCE
NEW 6FT WOOD FENCE
WIDEN ROAD & NEW
FIRE TRUCK TURNAROUND
FIRE TRUCK TURNAROUND
RELOCATE
NEIGHBOR'S
BRICK COLUMNS
TREE PROTECTION
FENCE
SHADED BORDERS:
LRDA (SEE CIVIL C-3)
OUTLINED AREAS:
LRDA (SEE CIVIL C-3)
SHADED BORDERS:
TRAVEL DISTANCE:
- BLDG CORNER TO PROP LINE 121.5'
- PROP LINE TO HYDRANT: 361.5'
TOTAL TRAVEL DISTANCE TO HYDRANT ON
RESERVOIR ROAD: 483' (RESIDENCE WILL BE
EQUIPPED WITH FIRE PROTECTION
SPRINKLER SYSTEM)
45 RESERVOIR ROAD
R-1-20
(10,000sf)
NEW RESIDENCE
#301
18" BLACK OAK
12" OAK
LOWER LEVEL
GARAGE
GARAGE
ENTRY
(LOWER
LEVEL)
MAIN
ENTRY
(LOWER
LEVEL)
8.5X18
PARKING
SPACE
FF514.5
FF514.0
ACCESS STEPS
LIGHTWELL
(LOWER LEVEL)
WALKWAY
TIERED
LANDSCSAPE
LOGGIA
(MAIN
LEVEL)
#312
6" BLACK OAK
#311
10" BLACK OAK
#310
10" COAST
LIVE OAK
#309 10" OLIVE
#308
12" COAST
LIVE OAK
#307
12" BLUE OAK
#306
18" BLACK OAK
#305 26"
COAST LIVE OAK #304
19,20"
COAST LIVE OAK
#318
14,18" COAST
LIVE OAK
#320
17" COAST LIVE OAK
YARD
(LOWER
LEVEL)
YARD
(MAIN LEVEL)
R-1-20 SETBACK
#314
36" BLUE OAK
#313 5" TOYON
#315
30" BLUE OAK
#316
30" BLUE OAK
#302
4,3" TOYON
#317
4,4" PLUM
#319
4,4" ELDERBERRY
#303
5" BUCKEYE
UPPER LEVEL
12' INGRESS / EGRESS ESMT.
PER E 361 O.R. 165
FF 514.5
FF 514.0
FF 525.67
30'-0"
SETBACK
MAIN LEVEL YARD W/
RETAINING WALLS
(SEE CIVIL FOR HEIGHTS),
60 ROGERS
STREET
36 ROGERS
STREET
80 CLELAND
ROAD
47 RESERVO
IR ROAD
45 RESERVOIR
ROAD
LEGEND
WM
CO
EM
SITE ADDRESS
ADDRESS SHALL BE PLACED IN A POSITION THAT IS PLAINLY
LEGIBLE & VISIBLE FROM THE STREET OR ROAD FRONTING THE
PROPERTY. THE NUMBERS SHALL CONTRAST WITH THEIR
BACKGROUND. ADDRESS NUMBERS SHALL BE ARABIC NUMBERS
OR ALPHABETICAL LETTERS. NUMBERS SHALL BE A MIN. 4" HIGH WITH A MIN. STROKE WIDTH OF ½". WHERE ACCESS IS BY MEANS
OF A PRIVATE ROAD & THE BUILDING ADDRESS CANNOT BE
VIEWED FROM THE PUBLIC WAY, A MONUMENT, POLE, OR OTHER
SIGN OR MEANS SHALL BE USED TO IDENTIFY THE STRUCTURE.
CBC R319.1. SEE FRONT ELEVATION ON A12. FOR LOCATION.
TREE PROTECTION
1. SIX-FOOT HIGH CHAIN LINK FENCING MOUNTED ON TWO-INCH
DIAMETER GALVANIZED IRON POSTS SHALL BE DRIVEN INTO THE
GROUND AT LEAST TWO-FEET DEEP AT NO MORE THAN TEN-FOOT
SPACING. WHEN STIPULATED, FOR EXISTING PAVING AREAS THAT
WILL NOT BE DEMOLISHED, POSTS MAY BE SUPPORTED BY
CONCRETE BASE.
2. POSTED EIGHT AND ONE-HALF-INCH BY ELEVEN-INCH SIGN ON EACH TREE FENCE STATING: “WARNING – TREE PROTECTION ZONE –
THIS FENCE SHALL NOT BE REMOVED AND IS SUBJECT TO PENALTY ACCORDING TO TOWN CODE 29.10.1025”
3. TREE PROTECTION FENCING IS REQUIRED TO REMAIN IN PLACE THROUGHOUT CONSTRUCTION.
EXISTING PROPERTY LINE
BUILDING SETBACK LINE (R-1-20)
MAIN LEVEL STRUCTURE FOOTPRINT
LOWER LEVEL STRUCTURE FOOTPRINT
OVERHEAD ROOF LINE
LIGHT WELL, ACCESS STAIR, YARDS
CONCRETE RETAINING WALL
EXISTING/NEW WOOD FENCE
TREE PROTECTION FENCE
EXISTING TREE TO REMAIN
EXISTING TREE TO BE REMOVED
ELECTRICAL LINE (OVERHEAD)
ELECTRICAL LINE (UNDERGROUND)
WATER METER
SEWER CLEAN-OUT
AREA DRAIN LOCATIONS
TRAVEL DISTANCE FROM HYDRANT
TO FARTHEST BLDG CORNER
EXCEPTION AREA WITH RETAINING
WALLS OVER 4FT HIGH
EXCEPTION AREA WITH FILL OVER 3FT
HIGH
EXCEPTION AREA WITH CUT OVER 4FT
DEEP
FLOOR AREA ENCROACHING INTO
SETBACK
LEAST RESTRICTIVE DEVELOPMENT
AREA
DS
SITE AND ARCHITECTURAL DEVELOPMENT ON AN EXISTING VACANT R1-20 ZONED LOT (HILLSIDE OVERLAY).
WORK TO INCLUDE:
BUILDINGS:
1. CONSTRUCTION OF A NEW RESIDENCE WITH AN ATTACHED
ACCESSORY DWELLING UNIT, AN ATTACHED GARAGE AND BELOW
GRADE BASEMENT.
2. COVERED DECK AND BALCONY
3. EGRESS, VENTILATION WELLS AND ACCESS STAIRS.
SITE IMPROVEMENTS (REFER TO CIVIL AND LANDSCAPE PLANS):
1. MODIFY EXISTING PRIVATE ROAD TO PROVIDE PARKING AND
FIRE TRUCK TURNOUT.
2. DRIVEWAY ACCESS TO GARAGE
3. SITE RETAINING WALLS AND PAVED YARDS
4. LANDSCAPE AND IRRIGATION
5. UTILITIY TRENCHING AND CONNECTIONS.
SCOPE OF WORK
EM
TREE
N
SCALE: 1/8" = 1'-0"
PROPOSED SITE PLAN
ITEM NO. 18.
OF
REVISIONS
DATE:
SCALE:
51 UNIVERSITY AVE. "L" • LOS GATOS, CA. • 95030 • (408) 395-2555
S H E E T
ARCHITECTURE AND SITE APPLICATION FOR
THE AGAHIAN RESIDENCE
45 RESERVOIR ROAD LOS GATOS, CA 95030
AS SHOWN
A-5
11/08/22
5 -
PRELIMINARY
LANDSCAPE
PLAN
REV 5.7.25
N09°09'35"E 129.90'
S73° 55' 30"E 83.65'
N11°34'58"E 125.57'
S86° 21' 44"E 45.09'
ADJ. GARAGE
PROPERTY LINE
PROPERTY LINE
PROPERTY LINE
PROPERTY LINE
REAR
RESIDENCE
ADJACENT
RESIDENCE
ADJACENT
RESIDENCE
FRONT
RESIDENCE
BLDG.
RESIDENCE RESERVOIR ROAD
(PRIVATE ACCESS ROAD)
s t e p s
N11° 34' 58"E 59.68
S72° 59' 19"E 48.91
S77° 03' 15"E 59.66
N09° 09' 35"E 12.76
S63° 55' 23"E 34.20
SEE CIVIL FOR
FIRE TURN-AROUND
DOWN
DOWN
OAK
OAK
OAK
GIA
GIA
OAK
OAK
OAK
GIA
GIA
GIA
GIA
GIA GIA
GIA
OAK
OAK
TREE PROTECTIVE FENCING
TREE
PROTECTIVE
FENCING
CONCRETE RETAINING
WALL, DARK
CONCRETE FINISH,
SEE DETAIL BELOW
CONCRETE RETAINING
WALL, MATCHING
STUCCO FINISH,
SEE DETAIL BELOW
CONCRETE RETAINING
WALL, MATCHING
STUCCO FINISH
WIDENED ROAD & NEW FIRE
TRUCK TURN-AROUND
(SEE CIVIL)
NEW TREES, TYP.
SEE LEGEND FOR TYPES
EXISTING TREES
TO REMAIN, TYP.
REMOVE EXISTING
TREE, TYP.
PLANTING AREA
NEW 6FT WOOD FENCE
SOLDIER PILE AND WOOD
LAGGING RETAINING WALL
NEW 6FT WOOD FENCE
NEW TREES, TYP
5FT DEFENSIBLE SPACE
5FT DEFENSIBLE SPACE
NEW RESIDENCE
#301
18" BLACK OAK
12" OAK
GARAGE
ENTRY
(LOWER
LEVEL)
MAIN
ENTRY
(LOWER
LEVEL)
ACCESS STEPS
LIGHTWELL
(LOWER LEVEL)
WALKWAY
LOGGIA
(MAIN
LEVEL)
#312
6" BLACK OAK
#311
10" BLACK OAK
#310
10" COAST
LIVE OAK
#309 10" OLIVE
#308
12" COAST
LIVE OAK
#307
12" BLUE OAK
#306
18" BLACK OAK
#305 26"
COAST LIVE OAK #304
19,20"
COAST LIVE OAK
#318
14,18" COAST
LIVE OAK
#320
17" COAST LIVE OAK
YARD
(LOWER
LEVEL)
YARD
(MAIN LEVEL)
#314
36" BLUE OAK
#313 5" TOYON
#315
30" BLUE OAK
#316
30" BLUE OAK
#302
4,3" TOYON
#317
4,4" PLUM
#319
4,4" ELDERBERRY
#303
5" BUCKEYE
60 ROGERS
STREET
36 ROGERS
STREET
80 CLELAND
ROAD
47 RESERVO
IR ROAD
45 RESERVOIR
ROAD
DRIVEWAY: STONE PAVER O/ CONCRETE SLAB
WALKWAY, YARD, SITE STAIR: STONE PAVER O/
CONCRETE SLAB
ROAD: ASPHALT PAVING
LANDSCAPE AREA W/ MULCH COVER
CONCRETE RETAINING WALLS
FINISH TO BE SANDBLASTED WITH STAINED CONCRETE, OR
SMOOTH STUCCO FINISH, BOTH TO HAVE LRV OF 30 OR LESS.
EXISTING TREE (AND DRIB LINE) TO REMAIN
EXISTING TREE TO BE REMOVED
(8) OAK TREES
- COAST LIVE OAK (QUERCUS AGRIFOLIA)
- BLACK OAK (QUERCUS VELUTINA)
(9) TOYON TREES (HETEROMELES ARBUTIFOLIA)
LEGEND
TREE
301
302
303
304
305
306
307
308
309
310
311
312
313
314
315
316
317
318
319
320
REMAIN
REMOVE
REMOVE
REMOVE
REMOVE
REMOVE
REMOVE
REMOVE
REMOVE
REMAIN
REMOVE
REMOVE
REMOVE
REMAIN*
REMAIN*
REMAIN*
REMOVE
REMAIN
REMOVE
REMAIN*
TREE INVENTORY
ID SPECIES CANOPY STATUS REPLACEMENT
BLACK OAK
TOYON
BUCKEYE
LIVE OAK
LIVE OAK
BLACK OAK
BLUE OAK
LIVE OAK
OLIVE
LIVE OAK
BLACK OAK
BLACK OAK
TOYON
BLUE OAK
BLUE OAK
BLUE OAK
PLUM
LIVE OAK
ELDERBERRY
LIVE OAK
35'
8'
10'
35'
35'
25'
20'
20'
20'
20'
10'
10'
10'
45'
45'
45'
15'
35'
15'
35'
(2) 15 GAL.
(2) 15 GAL.
(4) 15 GAL.
(4) 15 GAL.
(3) 15 GAL.
(3) 15 GAL.
(3) 15 GAL.
EXEMPT
(2) 15 GAL.
(2) 15 GAL.
(2) 15 GAL.
EXEMPT
EXEMPT
* INDICATES TREES LOCATED ON NEIGHBOR'S PROPERTIES.
TOTAL REQUIRED REPLACEMENT TREES = 27
PROPOSED TREES TO BE PLANTED = 17
REMAINING TREES TO BE ENTERED INTO TOWN IN-LIEU
PLANTING PROGRAM = 10
20053 AS SHOWN TPTPXXTP August 25, 2021 DATE: SCALE: DESIGN: DRAWN: CHECK: ENGR: PROJECT NO.:
RETAINING WALL APPLICATION NO. B21-1015 SECTIONS, DETAILS, AND NOTES TOWN OF LOS GATOS PARKS AND PUBLIC WORKS DEPARTMENT LANDS OF BOUKNIGHT - 144 WOOD ROAD PLAN FOR THE IMPROVEMENT OF RESPONSIBILITY FOR JOB SITE CONDITIONS DURING THE COURSE OF CONSTRUCTION OF THIS PROJECT, INCLUDING SAFETY OF ALL PERSONS AND PROPERTY; THAT THIS REQUIREMENT SHALL APPLY CONTINUOUSLY AND NOT BE LIMITED TO NORMAL WORKING HOURS; THE OWNER AND THE ENGINEER HARMLESS FROM ANY AND ALL LIABILITY, REAL OR ALLEGED, IN CONNECTION WITH THE PERFORMANCE OF WORK ON THIS PROJECT, EXCEPTING FOR LIABILITY ARISING FROM THE SOLE NEGLIGENCE OF THE OWNER OR THE ENGINEER.
CIVIL ENGINEERS LAND SURVEYORS CONSTRUCTION MANAGERS HANNA-B UN TTI EST. 1910 EIGLEBERRY STREET GILROY 95020 CALIFORNIA
CE (408) 842-2173 FAX (408) 842-3662
L: ENGINEERING @ HANNABRUNETTI.COM APN 510-47-045
7/11/2023
N
SCALE: 1/8" = 1'-0"
PRELIMINARY LANDSCAPE PLAN
SCALE: 1:1.92
SCALE: 1:1.92 SITE RETAINING WALL DETAIL
SITE RETAINING WALL DETAIL
4" PERFORATED
DRAIN PIPE
STUCCO FINISH TO
MATCH HOUSE
ITEM NO. 18.
OF
REVISIONS
DATE:
SCALE:
51 UNIVERSITY AVE. "L" • LOS GATOS, CA. • 95030 • (408) 395-2555
S H E E T
ARCHITECTURE AND SITE APPLICATION FOR
THE AGAHIAN RESIDENCE
45 RESERVOIR ROAD LOS GATOS, CA 95030
AS SHOWN
A-6
11/08/22 6 -
LOWER
LEVER
FLOOR PLAN
REV 5.7.25
PRIVATE ACCESS ROAD
R-1-20 SETBACK
R-1-20 SETBACK
R-1-20 SETBACK
UP
WD
5'-41/2"
19'-71/2" TO BLDG. 25'-0"
8" 4'-1"
11'-81/2" 13'-11/2" 8'-21/2" 16'-7"
30'-41/2" 11'-4"
13'-0" 35'-10"
5'-91/2" 14'-21/2" 16'-7" 12'-81/2"
3'-6"
7'-1"
5'-3
1/4"
7'-63/4"
5'-0"
9'-3
1/2"
ELEV
COAT
OFFICE
FOYER
SUITE 2
MAIN
SUITE
BA.
clo.
PWD
GARAGE
LAUNDRY
MECH
BATH
LIGHTWELL
COVERED
ENTRY
11x20 space 11x20 space
STEPS
UP
BROOM
D
A-11 D
A-11
C
A-11
F
A-11 F
A-11
BASEMENT LINE
GARAGE
ENTRY
(LOWER
LEVEL)
FF 514.0
MAIN
ENTRY
(LOWER
LEVEL)
FF 514.5
EGRESS
WINDOW
(LOWER
LEVEL)
EXIT
(LOWER
LEVEL)
(TO MAIN
LEVEL)
R-1-20 SETBACK R-1-20 SETBACK
A
A-11 B
A-11
E
A-11 E
A-11
LEGEND
EXISTING PROPERTY LINE
BUILDING SETBACK LINE
FLOOR AREA (RESIDENCE)
FLOOR AREA (ADU)
BELOW GRADE BASEMENT AREA
GARAGE AREA
(NOT COUNTED AS BELOW GRADE BASEMENT)
FLOOR AREA ENCROACHING INTO SETBACK
OUTLINE OF FLOOR FOOTPRINT ABOVE
RETAINING WALLS
PAVED PATIOS, YARDS
EXTERIOR LIGHT FIXTURE
N
SCALE: 1/4" = 1'-0"
LOWER LEVEL FLOOR PLAN
ITEM NO. 18.
OF
REVISIONS
DATE:
SCALE:
51 UNIVERSITY AVE. "L" • LOS GATOS, CA. • 95030 • (408) 395-2555
S H E E T
ARCHITECTURE AND SITE APPLICATION FOR
THE AGAHIAN RESIDENCE
45 RESERVOIR ROAD LOS GATOS, CA 95030
AS SHOWN
A-7
11/08/22 7 -
MAIN LEVEL
FLOOR PLAN
REV 5.7.25
R-1-20 SETBACK
R-1-20 SETBACK
SETBACK LINE
DOWN
DOWN
DOWN
F W
DW
RG
15'-0"
5'-41/2"
15'-0"
19'-71/2" TO BLDG.25'-0"
12'-21/2" 12'-71/4" 8'-23/4" 16'-7"
16'-91/2" 17'-0" 15'-1/2"
2'-10"
32'-9" 9'-41/2"
2'-10" 14'-21/2" 29'-3
1/2"
D
A-11 D
A-11
C
A-11
F
A-11 F
A-11
FAMILY
RM
ELEV
ADU
DINING
RM
PWD.
ADU
BATH
5x6.5
ISLAND
LOGGIA
(COVERED)
open to
below
LIVING
RM
CLO.
REAR
YARD
(MAIN FLOOR)
SIDE
STEPS
OVERLOOK
LIGHT-WELL
BELOW
GAS
ELEC.
SIDE
YARD
(LOWER
FLOOR)
TIERED
LANDSCAPING
WALKWAY
WALKWAY
KITCHEN
R-1-20 SETBACK
EGRESS
DOOR
(MAIN
LEVEL)
EGRESS
DOOR
(ADU)
R-1-20 SETBACK
A
A-11 B
A-11
E
A-11 E
A-11
LEGEND
EXISTING PROPERTY LINE
BUILDING SETBACK LINE
FLOOR AREA (RESIDENCE)
FLOOR AREA (ADU)
BELOW GRADE BASEMENT AREA
GARAGE AREA
(NOT COUNTED AS BELOW GRADE BASEMENT)
FLOOR AREA ENCROACHING INTO SETBACK
OUTLINE OF FLOOR FOOTPRINT ABOVE
RETAINING WALLS
PAVED PATIOS, YARDS
EXTERIOR LIGHT FIXTURE
N
SCALE: 1/4" = 1'-0"
MAIN LEVEL FLOOR PLAN
ITEM NO. 18.
OF
REVISIONS
DATE:
SCALE:
51 UNIVERSITY AVE. "L" • LOS GATOS, CA. • 95030 • (408) 395-2555
S H E E T
ARCHITECTURE AND SITE APPLICATION FOR
THE AGAHIAN RESIDENCE
45 RESERVOIR ROAD LOS GATOS, CA 95030
AS SHOWN
A-8
11/08/22 8 -
ROOF PLAN
REV 5.7.25
D
A-11 D
A-11
F
A-11 F
A-11
ROOF OVER
GARAGE BELOW
ROOF OVER WINDOW
BAY BELOW
DECORATIVE CHIMNEY
CAP
4:12
4:12
4:12
4:12
LOW SLOPE
(FLAT)
MEMBRANEDROOF
LOW SLOPE
(FLAT)
MEMBRANEDROOF
CONCRETE TILE ROOF, TYP.
CONCRETE TILE ROOF, TYP.
CONCRETE TILE ROOF, TYP
ALL ROOFING ASSEMBLIES ARE
CLASS 'A' AND RATED FOR
HILLSIDE APPLICATION (WUI
APPROVED)
E
A-11 E
A-11
4:12
4:12
4:12
4:12
4:12
4:12
skylight
(low profile)
skylight
(low profile)
skylight
(low profile)
4:12
C
A-11 A
A-11 B
A-11
C
A-11 A
A-11 B
A-11
N
SCALE: 1/4" = 1'-0"
ROOF PLAN
ITEM NO. 18.
OF
REVISIONS
DATE:
SCALE:
51 UNIVERSITY AVE. "L" • LOS GATOS, CA. • 95030 • (408) 395-2555
S H E E T
ARCHITECTURE AND SITE APPLICATION FOR
THE AGAHIAN RESIDENCE
45 RESERVOIR ROAD LOS GATOS, CA 95030
AS SHOWN
A-9
11/08/22 9 -
ELEVATIONS
REV 5.7.25
ITEM NO. 18.
OF
REVISIONS
DATE:
SCALE:
51 UNIVERSITY AVE. "L" • LOS GATOS, CA. • 95030 • (408) 395-2555
S H E E T
ARCHITECTURE AND SITE APPLICATION FOR
THE AGAHIAN RESIDENCE
45 RESERVOIR ROAD LOS GATOS, CA 95030
AS SHOWN
A-10
11/08/22
10-
ELEVATIONS
REV 5.7.25
ITEM NO. 18.
OF
REVISIONS
DATE:
SCALE:
51 UNIVERSITY AVE. "L" • LOS GATOS, CA. • 95030 • (408) 395-2555
S H E E T
ARCHITECTURE AND SITE APPLICATION FOR
THE AGAHIAN RESIDENCE
45 RESERVOIR ROAD LOS GATOS, CA 95030
AS SHOWN
A-11
11/08/22
11-
SECTIONS
REV 5.7.25
10'-1" 1'-1" 10'-1"
10'-1" 10'-1"
9'-6"
26'-3"
OVERALL BLDG HT.
LOWER FL.
F.F. 514.5'
MAIN FL.
525.67'
RIDGE
MAIN FL. PLATE
ATTIC
NATURAL GRADE
MAIN LEVEL
RESIDENCE
LOWER LEVEL
RESIDENCE
LOGGIA
LOWER FL.
F.F. 514.5'
MAIN FL.
525.67'
RIDGE
MAIN FL. PLATE
25' HT. LIMIT AT ELEV. CUT PLANE
10'-1"
1'-1"
10'-1"
10'-1" 10'-1"
25'-83/4"
OVERALL BLDG. HT.
LOWER FL.
F.F. 514.5'
MAIN FL.
525.67'
RIDGE
MAIN FL. PLATE
NATURAL GRADE
ATTIC
MAIN LEVEL
RESIDENCE
LOWER LEVEL
RESIDENCE
LOWER FL.
F.F. 514.5'
MAIN FL.
525.67'
RIDGE
MAIN FL. PLATE
25' HT. LIMIT AT ELEV. CUT PLANE
10'-1"
1'-1"
10'-1"
10'-7" 10'-1"
26'-3"
OVERALL BLDG. HT.
RIDGE
xxx
LOWER FL.
F.F. 514.5'
MAIN FL.
525.67'
MAIN FL. PLATE
NATURAL GRADE
RIDGE
LOWER FL.
F.F. 514.5'
MAIN FL.
525.67'
MAIN FL. PLATE
ADU
GARAGE
ROAD
YARD
25' HT. LIMIT AT
ELEV. CUT PLANE
fence
10'-2"
10'-1"
10'-1"
9'-71/2"
10'-7"
LOWER FL.
F.F. 514.5'
MAIN FL.
525.67'
RIDGE
xxx
MAIN FL. PLATE
NATURAL GRADE
LOWER FL.
F.F. 514.5'
MAIN FL.
525.67'
RIDGE
xxx
MAIN FL. PLATE
LOGGIA
EGRESS
WELL
EGRESS
STAIR
GARAGE
MAIN LEVEL
RESIDENCE
LOWER LEVEL
RESIDENCE
ENTRY
PORCH
25' HT. LIMIT AT ELEV. CUT PLANE NATURAL GRADE
LOWER FL.
F.F. 514.5'
MAIN FL.
525.67'
RIDGE
xxx
MAIN FL. PLATE
xxx
LOWER FL.
F.F. 514.5'
MAIN FL.
525.67'
RIDGE
xxx
MAIN FL. PLATE
GARAGE
MAIN LEVEL
RESIDENCE
EGRESS
EGRESS WELL
STAIR
ADU
LOWER LEVEL
RESIDENCE
25' HT. LIMIT AT ELEV. CUT PLANE
10'-1"
10'-1"
LOWER FL.
F.F. 514.5'
MAIN FL.
525.67'
RIDGE
xxx
MAIN FL. PLATE
NATURAL GRADE
LOWER FL.
F.F. 514.5'
MAIN FL.
525.67'
RIDGE
xxx
MAIN FL. PLATE
GARAGE
MAIN LEVEL
RESIDENCE
PATH
EGRESS
STAIR
ADU
LOWER LEVEL
RESIDENCE
ATTIC ATTIC
25' HT. LIMIT AT
ELEV. CUT PLANE
SCALE: 1/8" = 1'-0"
SECTION A
SCALE: 1/8" = 1'-0"
SECTION B
SCALE: 1/8" = 1'-0"
SECTION C
SCALE: 1/8" = 1'-0"
SECTION D
SCALE: 1/8" = 1'-0"
SECTION E
SCALE: 1/8" = 1'-0"
SECTION F
ITEM NO. 18.
OF
REVISIONS
DATE:
SCALE:
51 UNIVERSITY AVE. "L" • LOS GATOS, CA. • 95030 • (408) 395-2555
S H E E T
ARCHITECTURE AND SITE APPLICATION FOR
THE AGAHIAN RESIDENCE
45 RESERVOIR ROAD LOS GATOS, CA 95030
AS SHOWN
A-12
11/08/22
12-
VISIBILITY
STUDY
REV 5.7.25
VERIFIED, NO VIEW TO PROJECT SITE,
STRUCTURE NOT VISIBLE
TOO FAR, NO VIEW TO PROJECT SITE
VIEW TO PROJECT SITE, SEE
ANALYSIS BELOW
OBSERVATION LOCATIONS
BLOSSOM HILL/LG BLVD
MAIN & BAYVIEW
SELINDA WAY & LG
ALMADEN ROAD
HWY 17 & HWY 9
VERIFIED, NO VIEW TO PROJECT SITE,
STRUCTURE NOT VISIBLE
METHOD
1. USING PRELIMINARY PARTIAL STORY POLES* AND ORANGE
NETTING TO CALL OUT CRITICAL HEIGHTS AND BUILDING CORNERS.
2. PHOTOGRAPHS OF THE STORY POLES WERE TAKEN USING 50MM AND 300MM LENSES.
3. SEE PHOTOS FOR RESULTS AND ANALYSIS.
* CERTIFIED, COMPLETE STORY POLES COMPLIANT TO TOWN'S STANDARDS WILL BE INSTALLED AT LATER DATE.
REQUIREMENT
CONDUCT A VISIBILITY ANALYSIS AS REQUIRED BY THE HILLSIDE
DEVELOPMENT STANDARDS AND GUIDELINES FOR PROJECTS WITH
THE POTENTIAL FOR BEING VISIBLE FROM ANY ESTABLISHED VIEWING AREA.
ANALYSIS RESULTS
3 OUT OF 4 ELEVATIONS OF THE PROPOSED HOME ARE NOT VISIBLE TO THE VIEWING PLATFORM.
PART OF THE FRONT ELEVATION IS SHOWN TO BE PARTIALLY
VISIBLE TO THE VIEWING PLATFORM. THE RATIO BETWEEN VISIBLE PART VS. NON-VISIBLE PART IS 22 : 78.
ADU PORTION OF THE RESIDENCE IS EXCLUDED FROM THE VISIBILITY CALCULATION.
PLANNING CONSIDERATIONS TO MINIMIZE VISIBILITY OF
PROPOSED HOME
1. MINIMIZE BUILDING WIDTH ON VISIBLE SIDE OF THE LOT.
2.EMPLOY TIERED BUILDING CONFIGURATION, FOLLOWING THE
HILLSIDE NATURAL CONTOUR.
3. USE OF AN AVERAGE LRV BELOW 30 FOR EXTERIOR FINISHES INCLUDING: ROOF COVERING, WALL SIDING AND EXTERIOR TRIM.
4. SITE PLANNING TO PRESERVE EXISTING MATURE TREES, WHICH PROVIDE SUBSTANTIAL SCREENING OF HOME.
PROJECT SITE
HWY 17/HWY 9
PLATFORM
MAIN/BAYVIEW
PLATFORM
BLOSSOM HILL / LG
BLVD PLATFORM
NO VIEW
NO VIEW
VIEW
45 RESERVOIR DR.
(PROJECT SITE)
36 ROGERS ST. 60 ROGERS ST.
80 CLELAND AVE.
N
PHOTO TAKEN WITH 300MM LENS
PHOTO TAKEN WITH 50MM LENS
MAP
REPRESENT THE VISIBILITY OF THE PROPOSED RESIDENCE FROM THE NAKED EYE REPRESENT AN UP-CLOSE PERSPECTIVE TO IDENTIFY VISIBLE STORY POLES, NETTING, TREES AND/OR SHRUBBERY.
SHOWING PROJECT SITE IN RELATIONSHIP TO VIEWING PLATFORMS
ITEM NO. 18.
OF
REVISIONS
DATE:
SCALE:
51 UNIVERSITY AVE. "L" • LOS GATOS, CA. • 95030 • (408) 395-2555
S H E E T
ARCHITECTURE AND SITE APPLICATION FOR
THE AGAHIAN RESIDENCE
45 RESERVOIR ROAD LOS GATOS, CA 95030
AS SHOWN
A-13
11/08/22
13 -
VISIBILITY
STUDY
REV 5.7.25
234 sq ft
FOREGROUND TREE COVERAGE
STORY POLE TO REFLECT CORNER
BUILDING OUTLINE
AREA WITH NO TREE COVERAGE
CURRENT COVERAGE BY TREE
PROPOSED TO BE REMOVED.
AREA NOT INCLUDED IN
SCREENING CALCULATION.
LOOKING AT PART OF LOGGIA
ADU
(NOT
COUNTED)
60 ROGERS (UP HILL)
80 CLELAND (DOWNHILL)
TREE
#318
(FOREGROUND
TREES OFF SITE)
(FOREGROUND
TREES OFF SITE)
TREE
#301
ANALYSIS RESULT:
RED SHADED AREA INDICATED VISIBLE AREA.
ORANGE AREA INDICATES AREA NOW VISIBLE DUE TO TREE
REMOVAL.
(ADU EXCLUDED FROM CALCULATIONS)
THE TOTAL VISIBLE PART EQUALS TO 22% OF THE ELEVATION.
NO OTHER SIDE OF THE HOUSE IS VISIBLE.
(ADU)
15" OAK
24" OAK
OAK
OAK
OAK
GIA
GIA
OAK
OAK
OAK
GIA
GIA
GIA
GIA
GIA GIA
GIA
OAK
OAK
CLELAND AVE
VIEWING ANGLE FROM
HWY17/HWY9 PLATFORM
TREE GROVE
DOWNHILL OF
CLELAND AVE.
#301
18" BLACK OAK
12" OAK
#312
6" BLACK OAK
#311
10" BLACK OAK
#310
10" COAST
LIVE OAK
#309 10" OLIVE
#308
12" COAST
LIVE OAK
#307
12" BLUE OAK
#306
18" BLACK OAK
#305 26"
COAST LIVE OAK #304
19,20"
COAST LIVE OAK
#318
14,18" COAST
LIVE OAK
#320
17" COAST LIVE OAK
#314
36" BLUE OAK
#313 5" TOYON
#315
30" BLUE OAK
#316
30" BLUE OAK
#302
4,3" TOYON
#317
4,4" PLUM
#319
4,4" ELDERBERRY
#303
5" BUCKEYE
N
TREE COVERAGE AND BUILDING VISIBILITY ANALYSIS
SCALE: 1" = 20'
SITE PLAN
ITEM NO. 18.
OF
REVISIONS
DATE:
SCALE:
51 UNIVERSITY AVE. "L" • LOS GATOS, CA. • 95030 • (408) 395-2555
S H E E T
ARCHITECTURE AND SITE APPLICATION FOR
THE AGAHIAN RESIDENCE
45 RESERVOIR ROAD LOS GATOS, CA 95030
AS SHOWN
A-14
11/08/22
14-
SHADOW
STUDIES
REV 5.7.25
N
June 21, 9am June 21, 12pm
Dec 21, 9am Dec 21, 12pm Dec 21, 3pm
BUILDING SHADOWS DURING
SHORTEST (WINTER SOLSTICE) AND
LONGEST (SUMMER SOLSTICE)
DAYLIGHT DAYS
SUMMER
WINTER
June 21, 3pm
ITEM NO. 18.
BLDG.
REV.: DEC. 2015
VICINITY MAP PLAN FOR THE IMPROVEMENT OF LANDS OF AGAHIAN - 45 RESERVOIR DRIVE PARKS AND PUBLIC WORKS DEPARTMENT TOWN OF LOS GATOS COVER SHEET ARCHITECTURAL & SITE APPLICATION NO. S-22-048 REVISIONS BY DATE DATE: APRIL 28, 2025 SCALE: DESIGN: DRAWN: CHECK: ENGR: PROJECT NO.: AMTMXX AM AS SHOWN 23067 TOWN OF LOS GATOS STANDARD PUBLIC IMPROVEMENT NOTES
1. ALL WORK SHALL BE PERFORMED IN CONFORMANCE WITH THE FOLLOWING:
a. TOWN OF LOS GATOS ENGINEERING DESIGN STANDARDS AND SPECIFICATIONS (UNLESS SPECIFICALLY STATED OTHERWISE ON THE PLANS).
b. ALL TOWN OF LOS GATOS CONDITIONS OF APPROVAL RELATED TO THE PROJECT. c. THESE PLANS AND DETAILS.
d. RECOMMENDATIONS OF THE PROJECT SOILS INVESTIGATION
SOILS ENGINEER ___________________________________________________ REFERENCE REPORT NO. _______________, DATED ____________ LETTER NO. __________, DATED ____________, SHALL BE THOROUGHLY COMPLIED WITH. BOTH THE MENTIONED REPORT AND ALL UPDATES/ADDENDUMS/LETTERS ARE HEREBY APPENDED AND MADE A PART OF THESE PLANS.
2. NO WORK MAY BE STARTED ON-SITE WITHOUT AN APPROVED GRADING PLAN AND A
GRADING PERMIT ISSUED BY THE TOWN OF LOS GATOS, PARKS AND PUBLIC WORKS DEPARTMENT LOCATED AT 41 MILES AVENUE, LOS GATOS, CA 95030.
3. A PRE-JOB MEETING SHALL BE HELD WITH THE TOWN ENGINEERING INSPECTOR FROM THE PARKS AND PUBLIC WORKS DEPARTMENT PRIOR TO ANY WORK BEING DONE. THE CONTRACTOR SHALL CALL THE INSPECTIONS LINE AT (408) 399-5771 AT LEAST FORTY-EIGHT (48) HOURS PRIOR TO ANY GRADING OR ONSITE WORK. THIS MEETING SHOULD INCLUDE:
a. A DISCUSSION OF THE PROJECT CONDITIONS OF APPROVAL, WORKING HOURS, SITE MAINTENANCE AND OTHER CONSTRUCTION MATTERS;
b. ACKNOWLEDGEMENT IN WRITING THAT CONTRACTOR AND APPLICANT HAVE READ
AND UNDERSTAND THE PROJECT CONDITIONS OF APPROVAL, AND WILL MAKE
CERTAIN THAT ALL PROJECT SUB-CONTRACTORS HAVE READ AND UNDERSTAND
THEM PRIOR TO COMMENCING WORK AND THAT A COPY OF THE PROJECT
CONDITIONS OF APPROVAL WILL BE POSTED ON SITE AT ALL TIMES DURING CONSTRUCTION.
4. APPROVAL OF PLANS DOES NOT RELEASE THE DEVELOPER OF THE RESPONSIBILITY FOR THE CORRECTION OF MISTAKES, ERRORS, OR OMISSIONS CONTAINED THEREIN. IF,
DURING THE COURSE OF CONSTRUCTION OF THE IMPROVEMENTS, PUBLIC INTEREST
AND SAFETY REQUIRES A MODIFICATION OR DEPARTURE FROM THE TOWN
SPECIFICATIONS OR THESE IMPROVEMENT PLANS, THE TOWN ENGINEER SHALL HAVE
FULL AUTHORITY TO REQUIRE SUCH MODIFICATION OR DEPARTURE AND TO SPECIFY THE MANNER IN WHICH THE SAME IS TO BE MADE.
5. APPROVAL OF THIS PLAN APPLIES ONLY TO THE GRADING, EXCAVATION, PLACEMENT, AND COMPACTION OF NATURAL EARTH MATERIALS. THIS APPROVAL DOES NOT CONFER
ANY RIGHTS OF ENTRY TO EITHER PUBLIC PROPERTY OR THE PRIVATE PROPERTY OF OTHERS AND DOES NOT CONSTITUTE APPROVAL OF ANY OTHER IMPROVEMENTS.
6. IT SHALL BE THE RESPONSIBILITY OF THE PERMITTEE OR CONTRACTOR TO IDENTIFY, LOCATE AND PROTECT ALL UNDERGROUND FACILITIES. PERMITTEE OR CONTRACTOR SHALL NOTIFY USA (UNDERGROUND SERVICE ALERT) AT 1-800-227-2600 A MINIMUM OF FORTY-EIGHT (48) HOURS BUT NOT MORE THAN FOURTEEN (14) DAYS PRIOR TO COMMENCING ALL WORK.
7. ALL WORK SHALL BE PERFORMED IN SUCH A MANNER AS TO COMPLY WITH THE
STANDARDS ESTABLISHED BY THE AIR QUALITY MANAGEMENT DISTRICT FOR AIRBORNE PARTICULATES.
8. THE CONTRACTOR SHALL COMPLY WITH ALL LOCAL, STATE AND FEDERAL LAWS, CODES, RULES AND REGULATIONS GOVERNING THE WORK IDENTIFIED ON THESE PLANS. THESE
SHALL INCLUDE, WITHOUT LIMITATION, SAFETY AND HEALTH RULES AND REGULATIONS
ESTABLISHED BY OR PURSUANT TO THE OCCUPATIONAL SAFETY AND HEALTH ACT OR ANY OTHER APPLICABLE PUBLIC AUTHORITY.
9. THE GENERAL CONTRACTOR SHALL PROVIDE QUALIFIED SUPERVISION ON THE JOB SITE AT ALL TIMES DURING CONSTRUCTION.
10. CONTRACTOR SHALL EXERCISE ALL NECESSARY CAUTION TO AVOID DAMAGE TO ANY
EXISTING TREES, SURFACE IMPROVEMENTS, DRAINAGE, WATER, SEWER, ELECTRICAL OR TELECOMMUNICATION FACILITIES WHETHER ABOVE GROUND OR UNDERGROUND.
CONTRACTOR SHALL BEAR FULL RESPONSIBILITY FOR ANY DAMAGE THERETO.
11. HORIZONTAL AND VERTICAL CONTROLS SHALL BE SET AND CERTIFIED BY A LICENSED SURVEYOR OR REGISTERED CIVIL ENGINEER QUALIFIED TO PRACTICE LAND SURVEYING.
12. DURING CONSTRUCTION, ALL APPLICABLE WORK (SUBGRADE, PAVING, ETC.) SHALL BE INSPECTED BY THE APPLICANT'S SOILS ENGINEER. THE ENGINEER SHALL BE NOTIFIED AT LEAST 48 HOURS BEFORE BEGINNING SUCH WORK. THE ENGINEER SHALL BE ON-SITE TO VERIFY CONDITIONS AS REQUIRED IN HIS REPORT. SHOULD ANY CHANGES TO THE
REPORT RECOMMENDATIONS BE NECESSARY, TOWN APPROVAL SHALL BE OBTAINED PRIOR TO ANY ASSOCIATED WORK.
13. THE RESULTS OF THE CONSTRUCTION OBSERVATION AND TESTING SHALL BE DOCUMENTED IN AN “AS-BUILT” LETTER/REPORT PREPARED BY THE APPLICANTS' SOILS
ENGINEER AND SUBMITTED FOR THE TOWN'S REVIEW AND ACCEPTANCE BEFORE FINAL RELEASE OF ANY OCCUPANCY PERMIT IS GRANTED.
14. ALL PRIVATE AND PUBLIC STREETS ACCESSING PROJECT SITE SHALL BE KEPT OPEN AND IN A SAFE, DRIVABLE CONDITION THROUGHOUT CONSTRUCTION. IF TEMPORARY CLOSURE
IS NEEDED, THEN FORMAL WRITTEN NOTICE TO THE ADJACENT NEIGHBORS AND THE
TOWN OF LOS GATOS PARKS AND PUBLIC WORKS DEPARTMENT SHALL BE PROVIDED AT
LEAST ONE WEEK IN ADVANCE OF CLOSURE, AND NO CLOSURE SHALL BE GRANTED WITHOUT THE EXPRESS WRITTEN APPROVAL OF THE TOWN. NO MATERIAL OR EQUIPMENT SHALL BE STORED IN THE PUBLIC OR PRIVATE RIGHT-OF-WAY.
15. THE CONTRACTOR SHALL INSTALL AND MAINTAIN FENCES, BARRIERS, LIGHTS AND SIGNS
THAT ARE NECESSARY TO GIVE ADEQUATE WARNING AND PROTECTION TO THE PUBLIC AT ALL TIMES.
16. OWNER/APPLICANT: ____________________________ PHONE:_____________
17. GENERAL CONTRACTOR: _________________________ PHONE:_____________
18. A TOWN ENCROACHMENT PERMIT IS REQUIRED FOR ANY WORK WITHIN THE PUBLIC RIGHT-OF-WAY. A STATE ENCROACHMENT PERMIT IS REQUIRED FOR ANY WORK WITHIN STATE RIGHT-OF-WAY (IF APPLICABLE). THE PERMITTEE AND/OR CONTRACTOR SHALL BE
RESPONSIBLE FOR COORDINATING INSPECTION PERFORMED BY OTHER GOVERNMENTAL AGENCIES.
19. GOOD HOUSEKEEPING PRACTICES SHALL BE OBSERVED AT ALL TIMES DURING THE COURSE OF CONSTRUCTION. SUPERINTENDENCE OF CONSTRUCTION SHALL BE
DILIGENTLY PERFORMED BY A PERSON OR PERSONS AUTHORIZED TO DO SO AT ALL TIMES DURING WORKING HOURS. THE STORING OF GOODS AND/OR MATERIALS ON THE
SIDEWALK AND/OR THE STREET WILL NOT BE ALLOWED UNLESS A SPECIAL PERMIT IS ISSUED BY THE ENGINEERING DIVISION. THE ADJACENT PUBLIC RIGHT-OF-WAY SHALL BE KEPT CLEAR OF ALL JOB RELATED DIRT AND DEBRIS AT THE END OF THE DAY. 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 DEVELOPER'S EXPENSE.
SHEET INDEX
1. TOWN NOTES, PROJECT DATA, LEGEND & ABBREVIATIONS
2. BLUEPRINT FOR A CLEAN BAY SHEET
3. EXISTING TOPOGRAPHY AND DEMOLITION PLAN
4. GRADING & DRAINAGE PLAN
5-6. UTILITY PLAN
7. CROSS SECTIONS & DETAILS
8. EROSION CONTROL PLAN
PLAN FOR THE IMPROVEMENT OF
TOWN OF LOS GATOS
GRADING & DRAINAGE PLANS
ARCHITECTURAL & SITE APPLICATION NO. S-22-048
TOWN OF LOS GATOS NPDES NOTES
1. SEDIMENT FROM AREAS DISTURBED BY CONSTRUCTION SHALL BE RETAINED ON SITE
USING STRUCTURAL CONTROLS AS REQUIRED BY THE STATEWIDE GENERAL CONSTRUCTION STORMWATER PERMIT.
2. STOCKPILES OF SOIL SHALL BE PROPERLY CONTAINED TO MINIMIZE SEDIMENT
TRANSPORT FROM THE SITE TO STREETS, DRAINAGE FACILITIES OR ADJACENT
PROPERTIES VIA RUNOFF, VEHICLE TRACKING, OR WIND AS REQUIRED BY THE STATEWIDE GENERAL CONSTRUCTION STORMWATER PERMIT.
3. APPROPRIATE BEST MANAGEMENT PRACTICES (BMPS) FOR CONSTRUCTION-RELATED
MATERIALS, WASTES, SPILL OR RESIDES SHALL BE IMPLEMENTED TO MINIMIZE
TRANSPORT FROM THE SITE TO STREETS, DRAINAGE FACILITIES, OR ADJOINING
PROPERTY BY WIND OR RUNOFF AS REQUIRED BY THE STATEWIDE GENERAL CONSTRUCTION STORMWATER PERMIT.
4. RUNOFF FROM EQUIPMENT AND VEHICLE WASHING SHALL BE CONTAINED AT
CONSTRUCTION SITES AND MUST NOT BE DISCHARGED TO RECEIVING WATERS OR TO THE LOCAL STORM DRAIN SYSTEM.
5. ALL CONSTRUCTION CONTRACTOR AND SUBCONTRACTOR PERSONNEL ARE TO BE MADE
AWARE OF THE REQUIRED BEST MANAGEMENT PRACTICES (BMPS) AND GOOD
HOUSEKEEPING MEASURES FOR THE PROJECT SITE AND ANY ASSOCIATED CONSTRUCTION STAGING AREAS.
6. AT THE END OF EACH DAY OF CONSTRUCTION ACTIVITY, ALL CONSTRUCTION DEBRIS
AND WASTE MATERIALS SHALL BE COLLECTED AND PROPERLY DISPOSED IN TRASH OR RECYCLE BINS.
7. CONSTRUCTION SITES SHALL BE MAINTAINED IN SUCH A CONDITION THAT A STORM DOES NOT CARRY WASTE OR POLLUTANTS OFF OF THE SITE. DISCHARGES OF MATERIAL
OTHER THAN STORMWATER (NON-STORMWATER DISCHARGES) ARE PROHIBITED EXCEPT
AS AUTHORIZED BY AN INDIVIDUAL NATIONAL POLLUTANT DISCHARGE ELIMINATION
SYSTEM (NPDES) PERMIT OR THE STATEWIDE GENERAL CONSTRUCTION STORMWATER PERMIT. POTENTIAL POLLUTANTS INCLUDE BUT ARE NOT LIMITED TO: SOLID OR LIQUID CHEMICAL SPILLS; WASTES FROM PAINTS, STAINS, SEALANTS, SOLVENTS, DETERGENTS,
GLUES, LIME, PESTICIDES, HERBICIDES, FERTILIZERS, WOOD PRESERVATIVES AND ASBESTOS FIBERS, PAINT FLAKES OR STUCCO FRAGMENTS; FUELS, OILS, LUBRICANTS, AND HYDRAULIC, RADIATOR OR BATTERY FLUIDS; CONCRETE AND RELATED CUTTING OR CURING RESIDUES; FLOATABLE WASTES; WASTES FROM ENGINE/EQUIPMENT STEAM CLEANING OR CHEMICAL DEGREASING; WASTES FROM STREET CLEANING; AND SUPERCHLORINATED POTABLE WATER FROM LINE FLUSHING AND TESTING. DURING
CONSTRUCTION, DISPOSAL OF SUCH MATERIALS SHOULD OCCUR IN A SPECIFIED AND
CONTROLLED TEMPORARY AREA ON-SITE PHYSICALLY SEPARATED FROM POTENTIAL
STORMWATER RUNOFF, WITH ULTIMATE DISPOSAL IN ACCORDANCE WITH LOCAL, STATE AND FEDERAL REQUIREMENTS.
8. DISCHARGING CONTAMINATED GROUNDWATER PRODUCED BY DEWATERING GROUNDWATER THAT HAS INFILTRATED INTO THE CONSTRUCTION SITE IS PROHIBITED.
DISCHARGING OF CONTAMINATED SOILS VIA SURFACE EROSION IS ALSO PROHIBITED.
DISCHARGING NON-CONTAMINATED GROUNDWATER PRODUCED BY DEWATERING
ACTIVITIES REQUIRES A NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT FROM THE RESPECTIVE STATE REGIONAL WATER QUALITY CONTROL BOARD.
TOTAL SITE AREA:
9,973 SF
TOTAL SITE AREA DISTURBED: ____________ SF
(INCLUDING CLEARING, GRADING OR EXCAVATING)
EXISTING
AREA (SF)
PROPOSED AREA (SF)
REPLACED NEW
TOTAL AREA
POST-PROJECT (SF)
IMPERVIOUS AREA
TOTAL NEW & REPLACED IMPERVIOUS AREA
PERVIOUS AREA
TABLE OF PROPOSED PERVIOUS AND IMPERVIOUS AREAS
AB AGGREGATE BASE
AC ASPHALT CONCRETE
AD AREA DRAIN
ARV AIR RELEASE VALVE
BC BACK OF CURB
BFP BACKFLOW PREVENTER
BW BOTTOM OF WALL
CATV CABLE TELEVISION
CB CATCH BASIN
CFS CUBIC FEET PER SECOND
C/L CENTERLINE
CMP CORRUGATED METAL PIPE
CO CLEANOUT
CY CUBIC YARD
DCVA DOUBLE CHECK VALVE ASSEMBLY
DI DROP INLET
DIA DIAMETER
DIP DUCTILE IRON PIPE
DWY DRIVEWAY
(E) EAST
EG EXISTING GRADE
ELEC ELECTRICAL
EP EDGE OF PATH
EVAE EMERGENCY VEHICLE ACCESS EASEMENT
EX EXISTING
FC FACE OF CURB
FDC FIRE DEPARTMENT CONNECTION
FF FINISHED FLOOR ELEVATION
FG FINISHED GRADE
FH FIRE HYDRANT
FL FLOW LINE
FM FORCED MAIN
FS FIRE SERVICE
FT FEET
G GAS
GA GAUGE
GB GRADE BREAK
GM GAS METER
GS GAS SERVICE
HDPE HIGH-DENSITY POLYETHYLENE
HP HIGH POINT
IEE INGRESS/EGRESS EASEMENT
IN INCH
INV INVERT ELEVATION
LAT LATERAL
LG LIP OF GUTTER
LP LOW POINT
MAX MAXIMUM
MH MANHOLE
MIN MINIMUM
MPH MILES PER HOUR
(N) NORTH
N.T.S. NOT TO SCALE
O.C. ON CENTER
O.D. OUTSIDE DIAMETER
PAD PAD ELEVATION
PCC PORTLAND CEMENT CONCRETE
PERF PERFORATED
PG&E PACIFIC GAS & ELECTRIC COMPANY
PIEE PRIVATE INGRESS/EGRESS EASEMENT
PL PROPERTY LINE
PR PROPOSED
PSDE PRIVATE STORM DRAIN EASEMENT
PSE PUBLIC SERVICE EASEMENT
PSSE PRIVATE SANITARY SEWER EASEMENT
PUE PUBLIC UTILITY EASEMENT
PVC POLYVINYL CHLORIDE
R RADIUS
RCP REINFORCED CONCRETE PIPE
RIM RIM ELEVATION
R/W RIGHT-OF-WAY
(S) SOUTH
S SLOPE
SCC SANTA CLARA COUNTY
SCCFD SANTA CLARA COUNTY FIRE DEPARTMENT
SD STORM DRAIN
SDCO STORM DRAIN CLEANOUT
SDE STORM DRAIN EASEMENT
SDMH STORM DRAIN MANHOLE
SDR STANDARD DIMENSION RATIO
SF SQUARE FEET
SJWC SAN JOSE WATER COMPANY
SS SANITARY SEWER
SSCO SANITARY SEWER CLEANOUT
SSE SANITARY SEWER EASEMENT
SSMH SANITARY SEWER MANHOLE
STD STANDARD
S/W SIDEWALK
TC TOP OF CURB
TELE TELEPHONE
TLG TOWN OF LOS GATOS
TW TOP OF WALL
TYP TYPICAL
VCP VITRIFIED CLAY PIPE
(W) WEST
W WATER
WM WATER METER
WS WATER SERVICE
WV WATER VALVE
WVSD WEST VALLEY SANITATION DISTRICT
XING CROSSING
ABBREVIATIONS
SHEET OF 1 8 CONTRACTOR AGREES THAT HE SHALL ASSUME SOLE AND COMPLETE RESPONSIBILITY FOR JOB SITE CONDITIONS DURING THE COURSE OF CONSTRUCTION OF THIS PROJECT, INCLUDING SAFETY OF ALL PERSONS AND PROPERTY; THAT THIS REQUIREMENT SHALL APPLY CONTINUOUSLY AND NOT BE LIMITED TO NORMAL WORKING HOURS; AND THAT THE CONTRACTOR SHALL DEFEND, INDEMNIFY AND HOLD THE OWNER AND THE ENGINEER HARMLESS FROM ANY AND ALL LIABILITY, REAL OR ALLEGED, IN CONNECTION WITH THE PERFORMANCE OF WORK ON THIS PROJECT, EXCEPTING FOR LIABILITY ARISING FROM THE SOLE NEGLIGENCE OF THE OWNER OR THE ENGINEER. APN 529-33-054 CIVIL ENGINEERS LAND SURVEYORS CONSTRUCTION MANAGERS HANNA-B UN TTI EST. 1910 7651 EIGLEBERRY STREET GILROY 95020 CALIFORNIA OFFICE (408) 842-2173 EMAIL: ENGINEERING @ HANNABRUNETTI.COM
SITE ELEMENT CUT FILL
RESIDENCE
GRADING QUANTITIES
834± C.Y. 0± C.Y.
DRIVEWAY 15± C.Y. 283± C.Y.
YARD 289± C.Y. 339± C.Y.
TOTAL 1,138± C.Y. 622± C.Y.
HEIGHT
18.2'±/0'±
1.0'±/15.5'±
8.9'±/15.4'±
Rogers Street
Cheland Avenue
State Highway 17
Los Gatos Blvd
College
Ave
Reservoir Road
Pagent Way
Jackson Street
JOB NO. 23067
C2EARTH, INC.
22118C-01R1 01-20-23
FARNAZ AGAHIAN 408-234-5780
ITEM NO. 18.
REV.: SEPT. 2016
SHEET OF 2 8 PARKS AND PUBLIC WORKS DEPARTMENT TOWN OF LOS GATOS REVISIONS BY DATE DATE: APRIL 28, 2025 SCALE: DESIGN: DRAWN: CHECK: ENGR: PROJECT NO.: AMTMXX AM NONE CONTRACTOR AGREES THAT HE SHALL ASSUME SOLE AND COMPLETE RESPONSIBILITY FOR JOB SITE CONDITIONS DURING THE COURSE OF CONSTRUCTION OF THIS PROJECT, INCLUDING SAFETY OF ALL PERSONS AND PROPERTY; THAT THIS REQUIREMENT SHALL APPLY CONTINUOUSLY AND NOT BE LIMITED TO NORMAL WORKING HOURS; AND THAT THE CONTRACTOR SHALL DEFEND, INDEMNIFY AND HOLD THE OWNER AND THE ENGINEER HARMLESS FROM ANY AND ALL LIABILITY, REAL OR ALLEGED, IN CONNECTION WITH THE PERFORMANCE OF WORK ON THIS PROJECT, EXCEPTING FOR LIABILITY ARISING FROM THE SOLE NEGLIGENCE OF THE OWNER OR THE ENGINEER. 23067 GRADING & DRAINAGE PLANS LANDS OF AGAHIAN - 45 RESERVOIR DRIVE BLUEPRINT FOR A CLEAN BAY ARCHITECTURAL & SITE APPLICATION NO. S-22-048 CIVIL ENGINEERS LAND SURVEYORS CONSTRUCTION MANAGERS HANNA-B UN TTI EST. 1910 7651 EIGLEBERRY STREET GILROY 95020 CALIFORNIA OFFICE (408) 842-2173 EMAIL: ENGINEERING @ HANNABRUNETTI.COM APN 529-33-054
ITEM NO. 18.
SHEET OF 3 8 1"=20' 23067 AMTMXX AM APRIL 28, 2025 DATE: SCALE: DESIGN: DRAWN: CHECK: ENGR: PROJECT NO.: DATE BY REVISIONS ARCHITECTURAL & SITE APPLICATION NO. S-22-048 APN 529-33-054 TOWN OF LOS GATOS PARKS AND PUBLIC WORKS DEPARTMENT LANDS OF AGAHIAN - 45 RESERVOIR DRIVE PLAN FOR THE IMPROVEMENT OF CONTRACTOR AGREES THAT HE SHALL ASSUME SOLE AND COMPLETE RESPONSIBILITY FOR JOB SITE CONDITIONS DURING THE COURSE OF CONSTRUCTION OF THIS PROJECT, INCLUDING SAFETY OF ALL PERSONS AND PROPERTY; THAT THIS REQUIREMENT SHALL APPLY CONTINUOUSLY AND NOT BE LIMITED TO NORMAL WORKING HOURS; AND THAT THE CONTRACTOR SHALL DEFEND, INDEMNIFY AND HOLD THE OWNER AND THE ENGINEER HARMLESS FROM ANY AND ALL LIABILITY, REAL OR ALLEGED, IN CONNECTION WITH THE PERFORMANCE OF WORK ON THIS PROJECT, EXCEPTING FOR LIABILITY ARISING FROM THE SOLE NEGLIGENCE OF THE OWNER OR THE ENGINEER.
REV.: DEC. 2015 EXISTING TOPOGRAPHIC SURVEY AND DEMOLITION PLAN CIVIL ENGINEERS LAND SURVEYORS CONSTRUCTION MANAGERS HANNA-B UN TTI EST. 1910 7651 EIGLEBERRY STREET GILROY 95020 CALIFORNIA OFFICE (408) 842-2173 EMAIL: ENGINEERING @ HANNABRUNETTI.COM
NOT FOR CONSTRUCTION
PRELIMINARY PLANS
ITEM NO. 18.
LOWER LEVEL
GARAGE
UPPER LEVEL
FF 514.5
FF 514.0
FF 525.67
SHEET OF 4 8 1"=5' 23067 AMTMXX AM APRIL 28, 2025 DATE: SCALE: DESIGN: DRAWN: CHECK: ENGR: PROJECT NO.: DATE BY REVISIONS ARCHITECTURAL & SITE APPLICATION NO. S-22-048 GRADING & DRAINAGE PLAN TOWN OF LOS GATOS PARKS AND PUBLIC WORKS DEPARTMENT LANDS OF AGAHIAN - 45 RESERVOIR DRIVE PLAN FOR THE IMPROVEMENT OF CONTRACTOR AGREES THAT HE SHALL ASSUME SOLE AND COMPLETE RESPONSIBILITY FOR JOB SITE CONDITIONS DURING THE COURSE OF CONSTRUCTION OF THIS PROJECT, INCLUDING SAFETY OF ALL PERSONS AND PROPERTY; THAT THIS REQUIREMENT SHALL APPLY CONTINUOUSLY AND NOT BE LIMITED TO NORMAL WORKING HOURS; AND THAT THE CONTRACTOR SHALL DEFEND, INDEMNIFY AND HOLD THE OWNER AND THE ENGINEER HARMLESS FROM ANY AND ALL LIABILITY, REAL OR ALLEGED, IN CONNECTION WITH THE PERFORMANCE OF WORK ON THIS PROJECT, EXCEPTING FOR LIABILITY ARISING FROM THE SOLE NEGLIGENCE OF THE OWNER OR THE ENGINEER.
REV.: DEC. 2015 CIVIL ENGINEERS LAND SURVEYORS CONSTRUCTION MANAGERS HANNA-B UN TTI EST. 1910 7651 EIGLEBERRY STREET GILROY 95020 CALIFORNIA OFFICE (408) 842-2173 EMAIL: ENGINEERING @ HANNABRUNETTI.COM APN 529-33-054
NOT FOR CONSTRUCTION
PRELIMINARY PLANS
ITEM NO. 18.
LOWER LEVEL
GARAGE
UPPER LEVEL
FF 514.5
FF 514.0
FF 525.67
SHEET OF 5 8 1"=5' 23067 AMTMXX AM APRIL 28, 2025 DATE: SCALE: DESIGN: DRAWN: CHECK: ENGR: PROJECT NO.: DATE BY REVISIONS ARCHITECTURAL & SITE APPLICATION NO. S-22-048 UTILITY PLAN TOWN OF LOS GATOS PARKS AND PUBLIC WORKS DEPARTMENT LANDS OF AGAHIAN - 45 RESERVOIR DRIVE PLAN FOR THE IMPROVEMENT OF CONTRACTOR AGREES THAT HE SHALL ASSUME SOLE AND COMPLETE RESPONSIBILITY FOR JOB SITE CONDITIONS DURING THE COURSE OF CONSTRUCTION OF THIS PROJECT, INCLUDING SAFETY OF ALL PERSONS AND PROPERTY; THAT THIS REQUIREMENT SHALL APPLY CONTINUOUSLY AND NOT BE LIMITED TO NORMAL WORKING HOURS; AND THAT THE CONTRACTOR SHALL DEFEND, INDEMNIFY AND HOLD THE OWNER AND THE ENGINEER HARMLESS FROM ANY AND ALL LIABILITY, REAL OR ALLEGED, IN CONNECTION WITH THE PERFORMANCE OF WORK ON THIS PROJECT, EXCEPTING FOR LIABILITY ARISING FROM THE SOLE NEGLIGENCE OF THE OWNER OR THE ENGINEER.
REV.: DEC. 2015 CIVIL ENGINEERS LAND SURVEYORS CONSTRUCTION MANAGERS HANNA-B UN TTI EST. 1910 7651 EIGLEBERRY STREET GILROY 95020 CALIFORNIA OFFICE (408) 842-2173 EMAIL: ENGINEERING @ HANNABRUNETTI.COM APN 529-33-054
NOT FOR CONSTRUCTION
PRELIMINARY PLANS SEE SHEET 5 MATCH LINE SEE 6.2 - SHEET 6 MATCH LINE JOB NO. 23067 SEE 6.1 - SHEET 6 MATCH LINE
ITEM NO. 18.
LOWER LEVEL
GARAGE
UPPER LEVEL
FF 514.5
FF 514.0
FF 525.67
BLDG.
BLDG.
WM
SHEET OF 6 8 23067 AS SHOWN AMTMXX AM APRIL 28, 2025 DATE: SCALE: DESIGN: DRAWN: CHECK: ENGR: PROJECT NO.: DATE BY REVISIONS ARCHITECTURAL & SITE APPLICATION NO. S-22-048 UTILITY PLAN TOWN OF LOS GATOS PARKS AND PUBLIC WORKS DEPARTMENT LANDS OF AGAHIAN - 45 RESERVOIR DRIVE PLAN FOR THE IMPROVEMENT OF CONTRACTOR AGREES THAT HE SHALL ASSUME SOLE AND COMPLETE RESPONSIBILITY FOR JOB SITE CONDITIONS DURING THE COURSE OF CONSTRUCTION OF THIS PROJECT, INCLUDING SAFETY OF ALL PERSONS AND PROPERTY; THAT THIS REQUIREMENT SHALL APPLY CONTINUOUSLY AND NOT BE LIMITED TO NORMAL WORKING HOURS; AND THAT THE CONTRACTOR SHALL DEFEND, INDEMNIFY AND HOLD THE OWNER AND THE ENGINEER HARMLESS FROM ANY AND ALL LIABILITY, REAL OR ALLEGED, IN CONNECTION WITH THE PERFORMANCE OF WORK ON THIS PROJECT, EXCEPTING FOR LIABILITY ARISING FROM THE SOLE NEGLIGENCE OF THE OWNER OR THE ENGINEER.
REV.: DEC. 2015 CIVIL ENGINEERS LAND SURVEYORS CONSTRUCTION MANAGERS HANNA-B UN TTI EST. 1910 7651 EIGLEBERRY STREET GILROY 95020 CALIFORNIA OFFICE (408) 842-2173 EMAIL: ENGINEERING @ HANNABRUNETTI.COM APN 529-33-054
NOT FOR CONSTRUCTION MATCH LINE
PRELIMINARY PLANS SEE SHEET 5
JOB NO. 23067
6.1 PROPOSED WATER LATERAL
6.2 PROPOSED SANITARY SEWER LATERAL MATCH LINE SEE SHEET 5
ITEM NO. 18.
LOWER LEVEL
GARAGE
UPPER LEVEL
FF 514.5
FF 514.0
FF 525.67
BLDG.
SHEET OF 7 8 1"=5' 23067 AMTMXX AM APRIL 28, 2025 DATE: SCALE: DESIGN: DRAWN: CHECK: ENGR: PROJECT NO.: DATE BY REVISIONS ARCHITECTURAL & SITE APPLICATION NO. S-22-048 CROSS SECTIONS & DETAILS TOWN OF LOS GATOS PARKS AND PUBLIC WORKS DEPARTMENT LANDS OF AGAHIAN - 45 RESERVOIR DRIVE PLAN FOR THE IMPROVEMENT OF CONTRACTOR AGREES THAT HE SHALL ASSUME SOLE AND COMPLETE RESPONSIBILITY FOR JOB SITE CONDITIONS DURING THE COURSE OF CONSTRUCTION OF THIS PROJECT, INCLUDING SAFETY OF ALL PERSONS AND PROPERTY; THAT THIS REQUIREMENT SHALL APPLY CONTINUOUSLY AND NOT BE LIMITED TO NORMAL WORKING HOURS; AND THAT THE CONTRACTOR SHALL DEFEND, INDEMNIFY AND HOLD THE OWNER AND THE ENGINEER HARMLESS FROM ANY AND ALL LIABILITY, REAL OR ALLEGED, IN CONNECTION WITH THE PERFORMANCE OF WORK ON THIS PROJECT, EXCEPTING FOR LIABILITY ARISING FROM THE SOLE NEGLIGENCE OF THE OWNER OR THE ENGINEER.
REV.: DEC. 2015 CIVIL ENGINEERS LAND SURVEYORS CONSTRUCTION MANAGERS HANNA-B UN TTI EST. 1910 7651 EIGLEBERRY STREET GILROY 95020 CALIFORNIA OFFICE (408) 842-2173 EMAIL: ENGINEERING @ HANNABRUNETTI.COM APN 529-33-054
NOT FOR CONSTRUCTION
PRELIMINARY PLANS
JOB NO. 23067
Modified Fire Truck Turnaround Diagram
scale: 1"=10'
Note:
Signs to be provided:
1. at Reservoir Street indicating the turn around is onsite.
2. at turnaround indicating the turnaround location and no parking in the turnaround.
ITEM NO. 18.
LOWER LEVEL
GARAGE
UPPER LEVEL
FF 514.5
FF 514.0
FF 525.67
BLDG.
LOWER LEVEL GARAGE UPPER LEVEL FF 514.5 FF 514.0
FF 525.67
BLDG.
BLDG.
BLDG.
WM
SHEET OF 8 8 23067 AS SHOWN AMTMXX AM APRIL 28, 2025 DATE: SCALE: DESIGN: DRAWN: CHECK: ENGR: PROJECT NO.: DATE BY REVISIONS ARCHITECTURAL & SITE APPLICATION NO. S-22-048 EROSION CONTROL PLAN TOWN OF LOS GATOS PARKS AND PUBLIC WORKS DEPARTMENT LANDS OF AGAHIAN - 45 RESERVOIR DRIVE PLAN FOR THE IMPROVEMENT OF CONTRACTOR AGREES THAT HE SHALL ASSUME SOLE AND COMPLETE RESPONSIBILITY FOR JOB SITE CONDITIONS DURING THE COURSE OF CONSTRUCTION OF THIS PROJECT, INCLUDING SAFETY OF ALL PERSONS AND PROPERTY; THAT THIS REQUIREMENT SHALL APPLY CONTINUOUSLY AND NOT BE LIMITED TO NORMAL WORKING HOURS; AND THAT THE CONTRACTOR SHALL DEFEND, INDEMNIFY AND HOLD THE OWNER AND THE ENGINEER HARMLESS FROM ANY AND ALL LIABILITY, REAL OR ALLEGED, IN CONNECTION WITH THE PERFORMANCE OF WORK ON THIS PROJECT, EXCEPTING FOR LIABILITY ARISING FROM THE SOLE NEGLIGENCE OF THE OWNER OR THE ENGINEER.
REV.: DEC. 2015 CIVIL ENGINEERS LAND SURVEYORS CONSTRUCTION MANAGERS HANNA-B UN TTI EST. 1910 7651 EIGLEBERRY STREET GILROY 95020 CALIFORNIA OFFICE (408) 842-2173 EMAIL: ENGINEERING @ HANNABRUNETTI.COM APN 529-33-054
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
DESK ITEM
DATE: June 11, 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.
REMARKS:
In response to questions received from Commissioners prior to the meeting, staff offers the following remarks and additional information:
The Planning Commission’s review of the application is not limited to the direction provided by the Town Council to the applicant. The Town Council granted the appeal of the decision of the Planning Commission, remanding the application back to the Planning Commission to be considered de novo. The Planning Commission should consider the merits of the entire project and whether the applicant responded adequately to the Council’s direction.
The Floor Area Comparison table on the following page includes additional columns providing a summary of the change between the original and revised proposals expressed in square footage and percentage.
ATTACHMENT 2 Page 800
ITEM NO. 18.
PAGE 2 OF 2
SUBJECT: 45 Reservoir Road/S-22-048
DATE: June 11, 2025
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.
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.
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%
ITEM NO. 18.
TOWN OF LOS GATOS
COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING DIVISION
(408) 354-6872 Fax (408) 354-7593
June 12, 2025
Gary Kohlsaat
51 University Avenue, Suite L
Los Gatos, CA 95030
Via Email
RE: 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
At its meeting of June 11, 2025, the Town of Los Gatos Planning Commission approved the above referenced application subject to the attached draft conditions of approval.
The attached conditions of approval will not be final until the Planning Commission has approved the June 11, 2025, meeting minutes at their next meeting, confirming any additional or modified conditions of approval for the project in the underlined font. You will be notified in writing once the Planning Commission has approved the minutes.
PLEASE NOTE: Pursuant to Section 29.20.275 of the Town Code, this approval may be appealed to the Town Council within 10 days of the date the approval is granted. Therefore, this action for approval should not be considered final, and no permits by the Town will be issued until the appeal period has passed.
If you have any questions, I can be contacted by email at [email protected].
Best regards,
Sean Mullin, AICP
Planning Manager
Cc: Farnaz Agahian, via email
N:\DEV\PC\PC ACTION Letters\2025\06-11-25 [45 Reservoir Road - Item 2; Approved].docx
CIVIC CENTER
110 E. MAIN STREET
LOS GATOS, CA 95030
ATTACHMENT 3
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.
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.
LOS GATOS PLANNING COMMISSION 6/11/2025, Item #2,
45 Reservoir Road
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A P P E A R A N C E S:
Los Gatos Planning
Commissioners:
Emily Thomas, Chair
Kendra Burch, Vice Chair
Jeffrey Barnett
Steve Raspe
Joseph Sordi
Rob Stump
Town Manager: Chris Constantin
Community Development
Director:
Joel Paulson
Town Attorney: Gabrielle Whelan
Transcribed by: Vicki L. Blandin
(619) 541-3405
ATTACHMENT 4
ITEM NO. 18.
LOS GATOS PLANNING COMMISSION 6/11/2025, Item #2,
45 Reservoir Road
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P R O C E E D I N G S:
CHAIR THOMAS: We will now move on to the public
hearings, starting with Item 2. Item 2 is to 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 is Farnaz Agahian, and the Applicant is Gary Kohlsaat, Architect, and our project
planner for this is Mr. Mullin.
Before we have the Staff Report, can I have a
show of hands of Commissioners who have visited the
property, please? Then are there any disclosures or
recusals?
COMMISSIONER BURNETT: Yes, Chair. Thank you. In
order to avoid the appearance of bias, having a friend that lives on Reservoir Road, I’ll have to recuse myself from this item.
ITEM NO. 18.
LOS GATOS PLANNING COMMISSION 6/11/2025, Item #2,
45 Reservoir Road
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CHAIR THOMAS: Okay, thank you. Are you going to
stick around, or are you going to skedaddle? Okay, perfect, then we will see you in two weeks. Are there any
disclosures? Yes, Commissioner Sordi.
COMMISSIONER SORDI: Yes, I probably want to
mention I wasn’t here on the Commission for… I think it was heard once by the Planning Commission, then it went on to Council and was remanded back, but I have reviewed those hearings, the minutes, and closely watched the video, so I’m familiar with the project and all the actions taken. I did visit the site on Tuesday and started at Rogers Street, the end of the private road, and went all the way to the other end, so I have a pretty good sense of things.
CHAIR THOMAS: Thank you. Commissioner Stump.
COMMISSIONER STUMP: My only clarification would
be that I visited the property in January. I did not do a revisit.
CHAIR THOMAS: Okay, thank you. I have a
disclosure to make that I had an interaction with the
Applicant after the last Planning Commission meeting, but we didn’t talk about the application at all, and I didn’t even know who she was at that point, but just wanted to disclose that.
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So, Mr. Mullin, you will be presenting the Staff
Report? Great, so let’s hear that, please. Thank you.
SEAN MULLIN: Thank you, Chair, and good evening.
Before you this evening is consideration of a request for construction of a new two-story residence with reduced rear setbacks at 45 Reservoir Road. The project site is located east of Reservoir Road and accessed via a private roadway that bisects the property and serves several lots between Reservoir Road and Rogers Street.
On January 8th the Planning Commission considered
the application, including written and verbal public
comments, and approved the request, and on January 17th the decision of the Commission was appealed to the Town
Council. The Council considered the appeal on March 4th and granted the appeal, remanding the matter back to the
Planning Commission with direction to the Applicant to
reduce the building footprint in consideration of the Least Restrictive Development Area, or LRDA; reduce the volume and massing of the residence; and additionally, a request was made that the Planning Commission be provided with more detailed information regarding the circumstances under
which the denial of a requested exception from the Town’s standards would constitute a regulatory taking.
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In response to the Town Council’s direction, the
Applicant has revised the project to eliminate the
exception request to the side setbacks by reducing the
width of the residence by 2.5’ on the right side and from 1’-3’ on the left side, reduce the size of the residence by 189 square feet, and reduce the extent of the front porch to pull it away from the private roadway.
The Applicant also provided an updated Letter of
Justification discussing the changes to the project and addressing each of the requested exceptions.
Additionally, a brief discussion on the
regulatory takings issue is included in your Staff Report, and the Town Attorney is on hand to answer any questions that you may have.
In summary of the revised application, the
Applicant now proposes a 1,593 square-foot residence with an attached tandem garage in a traditional Mediterranean style. The residence includes 1,135 square feet of belowgrade square footage and an attached ADU, and as mentioned previously, consistent with State law, the ADU is not the subject of this application.
Due to the constraints of the site and the
desired architectural program, the project requires the following exceptions: from the Town Code the required 25’
ITEM NO. 18.
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rear setback, a driveway access road width configuration of the two off-street parking spaces, and the driveway depth; from the Hillside Development Standards and Guidelines, grading depths for 4’ of cut, retaining wall heights that should not be taller than 5’, buildings should be located within the LRDA; and finally, from the Hillside Specific Plan, the requirement for four guest parking spaces.
Staff recommends that should the Planning
Commission determine that the revised project meets the direction provided by the Town Council and finds merit with the proposed project, the Commission can approve the
project subject to the recommended Conditions of Approval included with your Staff Report.
Staff notes that a Desk Item was distributed
ahead of tonight’s meeting, and this concludes my
presentation, and I’m happy to answer any questions.
CHAIR THOMAS: Okay, thank you. Are there any
questions for Staff at this time? Seeing none, we’ll now open the public portion of the public hearing on Item 2 and give the Applicant an opportunity to address the Commission for up to five minutes.
GARY KOHLSAAT: Good evening, everybody. I wanted
to first thank everybody that looked at this project and sided with us, as well as the people that didn’t, and their
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comments that we got were very productive. As you are
aware, we did not receive Council approval; the appeal was granted.
We met with Mr. Mullin after the meeting and
tried to dissect and distill what went down, and I think that he summed it up very well, and we took that as our direction with this new application.
The majority of what we are asking tonight are
exceptions, and it’s pretty clear, as all of you realized at our first hearing, that most of these exceptions are going to happen whether the house is as big as it was
before, or whether it is 800 square feet, so it is
inevitable you’re going to have four, if not five, of these exceptions for any project that is going to be on this lot.
With that, I’d like to just focus on the ones that are
maybe discretionary, if you would accept that term from me.
The LRDA is the obvious one, which is going to
happen anywhere, but that is the big one, and the big
reason for that is that the road takes up all of the LRDA.
I just want to make it crystal clear that the road is not negotiable. The firetruck turnaround in nonnegotiable. We tried everything we can to reroute that road. It was
brought up at the Council; could we think about rerouting the road? It’s not possible.
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What we’re asking for is an exception to the rear
setback, and as I explained previously, this lot is
substandard, it’s 50% of what an R-1:20 lot would be, and so if you apply the R-1:10 standards, it’s a 20’ rear
setback. What we’re asking for is less than 25’, but more than 20’, and it’s in the rear, and partly it’s because of the shape of the property that has a pinch to it, has a V to it, so it pinches our rear setback.
If you go to the third slide for me, please,
Sean. The orange portion indicates that the area that we’re asking for on this rear setback exception, you can see it’s very minimal.
The next slide, please. This kind of tried to
combine all the exceptions that we are asking for. It has the firetruck turnaround, which is the fill; the retaining wall for that is also there; we’re out of the LRDA for the majority of the home; we are doing grading with a cut over 4’ in the rear just to get the retaining walls and the dirt off of the house so we can have a little walkway that goes around the house; and we are also asking for an exception on the tandem garage.
We were not asking for that exception last time,
but we realized that we could just go ahead and get the… We were asking for an exception on additional parking space,
ITEM NO. 18.
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so now we have the two parking spaces, but they are in
tandem format. We have moved the house away from the road.
Our last slide, Sean, is the next one, is kind of
a more graphic image that you can see how far away we
pushed the house back; the entry and everything in doing that.
So, overall, I think that what we’ve done is we
have reduced the massing, we have reduced the size, and we’ve reduced the excavation required for this home. We have taken to heart what the Council directed us to do, and we hope that you find these acceptable and supportable.
I’m here to answer any questions. I do want to
add that we feel very strongly that putting a house on this property is a much safer and fire-resistant thing to do than to leave it vacant. There are trees that are not
healthy, they’re only going get worse. We’re going to take all the unhealthy trees down. We’re going to plant healthy trees with the new guidelines, and so this is a positive for the neighborhood, especially with the firetruck
turnaround.
CHAIR THOMAS: Okay, thank you, Mr. Kohlsaat.
Does any Commissioner have a question for the Applicant at this time? Yes, Commissioner Barnett.
ITEM NO. 18.
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COMMISSIONER BARNETT: Good afternoon, sir. Part
of the Appellant’s reaction to the proposal was in the
planning plan that there was this fuchsia, which is a
juniper type, and the concern was fire danger.
GARY KOHLSAAT: Yes. That has been switched out
to a tree that is in the Town’s standards, a native tree.
COMMISSIONER BARNETT: Okay, thank you.
GARY KOHLSAAT: Thank you for asking about that.
CHAIR THOMAS: Commissioner Sordi.
COMMISSIONER SORDI: Just a couple of clarifying
questions. I think I heard to you say the rear setback is now 20’+, and correct me if I’m wrong, I thought when I was reading the plans prior it was something about 18.5’, so did the rear setback change at all?
GARY KOHLSAAT: With my magnifying glass, we are
asking for a rear setback of 19’-7” at the most extreme.
The average is about 22’. Where the required setback in the R:1-20 is 25’, but if you were to apply the R:1-10 setback standards, which is what we’re doing, it would be 20’.
COMMISSIONER SORDI: Got it.
GARY KOHLSAAT: One of the reasons why we’re
asking for that exception is to push the house back as far as we can off of this road that’s kind of given to us.
ITEM NO. 18.
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COMMISSIONER SORDI: Right, but it hasn’t been
pushed back any farther than it was when the Council saw it?
GARY KOHLSAAT: No, exactly. Correct.
COMMISSIONER SORDI: Then I think I heard you say
also that the tandem configuration was not an exception before, but now is.
GARY KOHLSAAT: That’s correct. We had 1-7/8. Now
we have a full 40’ of depth inside there to get the two cars. We were concerned about pushing into the rear setback with that, and when we talked it over with Mr. Mullin we all decided to let’s just ask for a little bit more on the setback. And this is below ground, by the way; this is an area that’s like in the basement, but it’s pushing into the setback. So, what the exception is is that they’re not
side-by-side, they’re tandem, but we have two parking
spaces.
COMMISSIONER SORDI: Right, that’s the only way
you can get two complete parking spaces is tandem.
GARY KOHLSAAT: It’s the only way we can get the
two.
COMMISSIONER SORDI: Okay, thank you.
ITEM NO. 18.
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CHAIR THOMAS: Just to clarify, previously they
were asking for an exception with regard to just having one parking spot, correct?
GARY KOHLSAAT: That’s correct.
CHAIR THOMAS: Okay, thank you. Any other
questions for the Applicant? Okay, thank you. We’ll now take public comment on Item 2, so if you are on Zoom, you can raise your hand, and if you are in person, when I call your name please come up and speak into the microphone. Is there anyone on Zoom?
DIRECTOR PAULSON: No one’s hand is raised
currently.
CHAIR THOMAS: Okay, thank you. I do have a card
for Lee Quintana.
LEE QUINTANA: I’d like to start by saying, first
of all, I’m speaking as an individual resident, not as a member of the Historic Preservation Committee.
Secondly, I really believe that the resolution in
the Staff Report did not really reflect the Town Council’s discussion, and I hope that all of you have listened to that tape, because otherwise you probably don’t have the full flavor of what they were thinking.
Having said that, I’m not going to concentrate on
the setbacks or the exceptions, most of them, because this
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is a bad site and some exceptions need to be made in order to allow development. However, this is an extremely
constrained site. The maximum allowable square feet are 1,600, given all the constraints of the site, figuring out the FAR; that’s for a site that doesn’t have maximum
constraints. This one has everything that would constrain the site, and so it would call for, naturally, a much
smaller home not maximizing the FAR. It’s been reduced a little bit, but not, I don’t think, there are other things that can be done.
Mainly, I want to concentrate on the fact that
Larry Cannon said that the mass and scale was not
compatible with the neighborhood, but to fix it might
require not just tweaks, but some changes, and I would like to propose a change that, I think, would address the
concern of it not being set back far enough from the street without necessarily reducing a lot of square footage to the house itself, and that is drastically reduce the size of the outdoor foyer entrance or even push it into some of that round area around the staircase; and number two,
reduce the size of the loggia, or at a minimum remove the roof from the loggia; that is what gives this house a more massive look. Without that covering, you would have from the street a much smaller profile of the house.
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Let’s see if I had anything else to say. I guess
I don’t.
CHAIR THOMAS: Thank you. Are there any
questions? Commissioner Stump has a question for you.
COMMISSIONER STUMP: Obviously, either you did
attend the Council meeting or watched the Council.
LEE QUINTANA: I listened to it. I tried to watch
it while I was on my vacation. Unfortunately, I was in one of the few places in the United States where you couldn’t get Internet.
COMMISSIONER STUMP: My question, you sort of
bypassed setbacks. Obviously, the new project, or the
updated project, will comply with side setbacks, but
they’re still asking for an exception for the rear setback.
It sounds like you don’t think that asking for compliance to that rear setback would have a beneficial effect on
reducing the mass and scale of this property. Is that your conclusion?
LEE QUINTANA: You know, I’m of mixed feelings on
that. It’s such a small deviation that you could say it’s so small, just grant it, or you could say it’s so small you can fix it, so that’s at your discretion. I think given that there are so many problems with this project with
respect to asking for exceptions that we should try to get
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as many into compliance as is reasonably possible. That’s sort of a non-answer answer.
COMMISSIONER STUMP: Thank you.
CHAIR THOMAS: Commissioner Barnett and then
Commissioner Sordi.
COMMISSIONER BARNETT: Good evening, and we
always appreciate your comments, which are thoughtful. Can you provide me with a percentage of additional reduction of the house that would satisfy your concerns about scale and mass?
LEE QUINTANA: This isn’t a very good example,
but it is… Basically, for the massing, if you remove the roof from the loggia and you push back the outside entrance that looks like it’s part of the mass of the house, you will reduce the visual mass of this house by quite a bit without having to totally redesign it. I’m sure there would be some repercussions in that, but I’m not an architect.
COMMISSIONER BARNETT: Can I ask a follow-up
question?
CHAIR THOMAS: Yes.
COMMISSIONER BARNETT: What exactly troubles you
about the mass and the size of the house? Is it it’s not compatible with the neighborhood?
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LEE QUINTANA: It’s just what Larry Cannon said.
He didn’t feel that it was compatible with the
neighborhood, and he said that the only way that he saw of fixing that was to do a major redesign. This is proposing something that wouldn’t cause that to have to happen, that basically the house would stay the same, but it would be less massive from the driveway, more in line with how the other houses on that private road look from the driveway.
I would comment that the visual that the
architect provided interestingly had the car on the middle of the road rather than on the… You know, if one was coming down the road, you would be on the other side of the road and you would be closer to the house. My suggestion would be moving the entrance back more than just 1.5’; it would be much more visible.
COMMISSIONER BARNETT: I see. Thank you for that
response.
LEE QUINTANA: If I may, did you get that? I’m
going to sneak this in. I thought it was interesting that in the packet there was this picture of the remainder of previous walls. This was of interest to me, being on the Historic Preservation Committee, because nothing was even discussed about that as to what was the previous building that was there that these walls were attached to.
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CHAIR THOMAS: Are there any other questions?
Commissioner Sordi.
COMMISSIONER SORDI: Just one quick question. I
think you quoted the max square footage of the site as
1,600 square feet.
LEE QUINTANA: That is the maximum allowed
countable square footage.
COMMISSIONER SORDI: Can Staff clarify that,
because I saw 1,656, and I know it doesn’t seem like a big difference, but every square foot seems to count on this project.
SEAN MULLIN: You’re correct, it’s around 1,656
when adjusted for slope, and the proposal fits within the maximum.
COMMISSIONER SORDI: Okay, thank you.
LEE QUINTANA: But it’s very close to the max, a
very, very difficult site.
CHAIR THOMAS: Are there any other questions for
the speaker? Okay, thank you.
LEE QUINTANA: I was just going to try to show
you where I was talking about on the diagram.
CHAIR THOMAS: Oh, for the roof covering?
LEE QUINTANA: Yes.
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CHAIR THOMAS: Do we all understand the location?
We have the plans here, so we understand. The second floor, yes.
LEE QUINTANA: And I do want to say that I know
this architect is a very good one, but it’s the project itself that is of concern.
CHAIR THOMAS: Thank you. Are there any hands
raised on Zoom?
DIRECTOR PAULSON: There are not, Chair.
CHAIR THOMAS: Okay. I now invite the Applicant
back up, and you will have an additional three minutes.
Thank you.
GARY KOHLSAAT: Thank you. We are not quite sure
what Ms. Quintana is referring to in the architect report about this house not fitting the site. Correct me if I’m wrong, but we wouldn’t be here if we didn’t pass muster with staff following Mr. Cannon’s recommendations. I may be wrong, but in the past, we wouldn’t be here until we worked all that out, unless we’re asking for exceptions.
His main comment was that the house was too close
to the street. We have pushed it back, but I also at the Council showed several examples of driving up Rogers Street and around even on this Reservoir Road with walls, houses,
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fences, garages. Next door, the garage is right there. This is not out of character; this is a very tight site.
Also, this site has been reduced from 10,000
square feet to 4,600 square feet to determine the FAR, so it’s a drastic reduction to get the 1,656, and we have made reductions. We are not seeking the maximum square footage, and it is a significant difference when you look at the percentage.
The loggia has been one of the biggest elements
of the house from day one. This is their outdoor
entertaining, it has a view, it’s not very large, it’s like a living room, it’s an outdoor living room, and I don’t believe that the roof of that loggia was cited as a problem for massing by Mr. Cannon. I don’t have the report handy, but I leave it to you to determine that with or without his advice. We feel that it is a flat roof, it’s going to
provide shade. A lot of time shade and shadow creates
depth, and it also reduces the overall scale.
Again, I just want to thank everybody for
considering this. We think we’ve put together the best
project you’re going to find on this site, and I’m happy to answer any further questions.
CHAIR THOMAS: Commissioner Raspe.
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COMMISSIONER RASPE: Thank you, Chair. First of
all, I want to thank you for going through the process and heeding and listening to Council and their recommendations, and coming back to us with your visions. I think it shows to us a measure of good faith, so I want to say thank you for your efforts.
In your Letter of Justification, I think you
addressed another way of dealing with the massing issue, which is to further push the residence back into the lot, and as you indicated, it creates issues vis-a-vis grading and retaining wall. Can you briefly discuss what the
ramifications would be of pushing the house even further back?
GARY KOHLSAAT: So, you’re saying encroaching
more into the rear setback than we’re already requesting? COMMISSIONER RASPE: Correct.
GARY KOHLSAAT: In order to do that and to make
things work, the house would also have to rise up. As you go back, you also want to lift the house up, and so we’re still excavating more material. We are creating maybe a more visible home, so we’d have to look at that very
carefully, because it’s going to rise up above some of
those trees. We are skirting the visibility of this. We’re under 25% of visibility, but I’d be very careful about
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lifting this house up. We would probably lift it up 1’ and move it back 2-3’ on the angle; it’s a very steep lot. I don't know if you’re going to get much out of it, but
you’re really going to start to encroach into the rear
yard. We tried to find the balance.
COMMISSIONER RASPE: I believe I asked you this
at the original hearing, but my notes didn’t reflect it.
You’re internal ceiling heights, could you remind me of what those are, the 9’ or 10’ heights?
GARY KOHLSAAT: They’re 10’ and 10’.
COMMISSIONER RASPE: 10’ and 10’. And in your
estimation, is there any way to reduce those ceiling
heights?
GARY KOHLSAAT: It would be very difficult to
achieve even the 9’ ceilings when you have HVAC supplying to the upper floor, so that’s a challenge. We don’t have a crawlspace in this house, the lower floor is going to be on slab, so all of our HVAC is going to be coming through
between the two floors. We have the drop ceilings and
soffits, so effectively we have 9’ ceilings in many of the spaces already. We lower that and we have less than 9’
ceilings, and it’s just not today’s world; it really isn’t.
COMMISSIONER RASPE: Thank you. My final
question. I just want to confirm, we know the world of
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exceptions you’re asking for, but you’re not asking for exceptions to FAR, lot coverage, height, any of those.
GARY KOHLSAAT: No, none of that.
COMMISSIONER RASPE: You’re well within…
GARY KOHLSAAT: We’re well within all of those
limits. Yes, thank you.
COMMISSIONER RASPE: Thank you.
CHAIR THOMAS: Any other questions for the
Applicant? Commissioner Sordi.
COMMISSIONER SORDI: It might be for
Staff/Applicant. I recall just from reviewing some of the hearing testimony, I think a concern was raised about
safety with respect to all of the trees required; I think it was 32. Then there was another comment/question about whether in lieu fees might be an alternative, and I’m
wondering whether there was any progress in that direction? I know there are a lot of issues about safety and concerns that were brought up, and bringing so many trees to the site and having that be a potential fire source.
GARY KOHLSAAT: With the updated CAL FIRE
standards that were dropped on us in between our first
application and this application, we have adjusted our
landscape plan and our tree planting plan to reduce several of the proposed trees, and so we are counting on doing in
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lieu for the remainder. And all the trees chosen are from the native list, the Town’s list. The reality is every tree has a chance to catch fire and be a problem, but we are trying to, again, strike that balance of locating those trees that do the most bang for the buck as far as
screening between the properties and kind of grounding this house with also complying with the regulations.
COMMISSIONER SORDI: Great, thank you. One other
question, again on the lines of safety, that was brought up. I heard a little bit of discussion about PG&E and
undergrounding power lines. I was curious to know, I heard something in the hearing testimony about how the process was started and stopped somehow, and I just had a question about whether that effort is part of this project. That’s a roundabout way of asking whether we were improving safety a little bit by doing the undergrounding, or is the
undergrounding a project that runs the whole length of the private road? Just a little more information on that.
GARY KOHLSAAT: Our first intent was to
underground from the pole on the opposite side of the nextdoor neighbor’s property all the way across to 26. It was a substantial cost, hundreds of thousands of dollars, just not feasible. So, we pivoted and we proposed to do
overhead, just relocating the lines and the poles, because
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as you know, the one pole is right in the middle of the property; it has to move.
So, we got approval, PG&E was moving ahead, they
did some work out there and they were about to set the pole and they said, “We have to take down three trees, one on 47, ours, and one on 36,” and our adjacent neighbors
vehemently opposed losing any trees, so we put the brakes on it. We want to work with everybody.
So, we’ve gone back and forth with PG&E and the
arborist and everybody, and we have designed a way that we can set one pole to the west properly line, which keeps the line intact so Mary doesn’t have to lose any trees. The lines are exactly how they are. If she would like to
underground from that pole to our property, if she wants to pay for that, that’s on the table, but we are not going to pay for that, we’re just going to start from our property.
We are undergrounding from that pole to our property, and currently the design has a pole that was going to go across the other property.
We have actually been negotiating with PG&E to
get the whole thing undergrounded, so it starts from our western properly line underground all the way to 26, which is across that open field next to the road, next to the property next to us; it would probably be easier on the
ITEM NO. 18.
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map. But we are actually going to do the underground all the way across that as well, and to boot, the two homes that supply power up our eastern properly line, Emily and Kia, and Irene and Tom, we are undergrounding those. the current feed that’s overhead, that’s all underground as well.
COMMISSIONER SORDI: So, the undergrounding, is
that being done at your expense, or is it a PG&E project? GARY KOHLSAAT: A good portion of it is our
expense. The neighbor above us is sharing some of the
expense to underground, because that currently is overhead.
The other neighbor is not taking any share of it at all.
It’s a big share on my client already, huge.
COMMISSIONER SORDI: Thank you.
CHAIR THOMAS: Any other questions for the
Applicant? Okay, thank you. Thank you for explaining that.
I know it’s complicated to be working with all of those parties and PG&E and everything, so thank you for
explaining all that.
We will now close the public portion of the
public hearing on Item 2, and I invite Commissioners to ask questions of Staff, provide comments, or propose a motion very briefly after I ask and confirm just one question with Staff.
ITEM NO. 18.
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This is a de novo hearing, so we are reviewing
this entire application in front of us again fully,
correct?
SEAN MULLIN: That’s correct, and with
consideration of the direction provided by the Council.
CHAIR THOMAS: Okay, great. So, we just need to
clearly on the record state all of our findings, even if we are coming to the same conclusion that we did in our first meeting, so I just ask everyone to do that, please. Now I invite everyone to discuss, questions for Staff.
Commissioner Stump.
COMMISSIONER STUMP: There’s a paragraph in the
Staff Report that speaks to regulatory taking. My question there would be under what circumstances as we think about this project would any further denial of a requested
exception from the Town’s standards constitute regulatory taking?
ATTORNEY WHELAN: Thank you. As a general rule,
the imposition of a regulation on a property owner will constitute a taking if it, 1) does not substantially
advance a legitimate government interest, and 2) the denial of the requested exceptions leaves the landowners with no viable economic use of the property.
ITEM NO. 18.
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Most of the cases that I’ve seen find that there
is a regulatory taking when the property value has been diminished to zero.
There is one case that’s somewhat analogous,
which is the case of William Haas versus City and County of San Francisco, and in that case the plaintiff bought a
property intending to build a high-rise development. After the property owner began construction, the City changed the height requirement from 300’ to 40’ and rezoned the
property, and the property value was reduced from $2
million to $100,000, and because the regulations were
evenly applied to all properties in the neighborhood, and because the property owner could still develop the land, the court did not find that the height restrictions and rezoning constituted a regulatory taking. So, it’s a very, very high standard to establish that a regulatory taking has occurred.
COMMISSIONER STUMP: Thank you.
CHAIR THOMAS: Commissioner Barnett.
COMMISSIONER BARNETT: I have a few comments.
Beginning with the lot merger in 2015, apparently the Town was aware that there would be constraints on this site, and very difficult ones, and we are here tonight because of the
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decision that was made in 2015, and I think we have to
accept that reality.
If the lot is 50% smaller than the required area
for construction, and with slope and road easement issues, there have to be exceptions, in my opinion.
The Applicant has made good faith changes with
respect to the size of the building and the setbacks,
including the side setbacks now weighing within the code requirement. The building footprint reduction is, I think, reasonable. The mass and volume maybe are only 5.4%,
including the ADU, but I think that’s reasonable
considering the constraints again.
Let me see what else. When I look at the Staff
Report for the January hearing there is an FAR comparison, and I think that 45 Reservoir Road is very much within the range of homes, and substantially less than the other twostory homes.
So, I think those are my major comments. I note
that the conditions that we’re asked to approve include Conditions 102-188 in the Exhibit, which are only
addressing County fire requirements, so I think that we’re well protected and that the neighbors are well protected, given those constraints. Thank you very much.
CHAIR THOMAS: Vice Chair Burch.
ITEM NO. 18.
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VICE CHAIR BURCH: I might just piggyback on some
of your comments, because I think we’re in agreement on many things.
We have to look at these applications on a caseby-case basis, and I feel like lately we’ve been seeing a few more of these. Whether it’s the lot merge or lot split, they’re giving us these nonconforming lots that already come to us basically requiring exceptions just to be able to build on the property, and I feel like when you look down this list of exceptions, while it might seem like a large quantity, when you understand the grading depths and the retaining walls for the fire turnaround, and that the road covers most of the LRDA, I don’t even know how you get four guest parking spaces on that road for any of these homes. When you look at the 25’ setback, based on the
amount of safety conversation we had in our first meeting pushing the house back, I would rather give a bit on the rear setback and put a little bit of safety to the road.
So, when I start going through each of these, to
me there is actually a very practical reason for each of these. We aren’t dealing with some of the exceptions we get asked for where it’s very excessive of the allowable FAR or height. We aren’t getting any of those that we’ve had to
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struggle with in the past, so to me, this is a very
practical use of this lot.
Council did give two directions. They wanted a
reduction of the building footprint and a reduction in
volume and mass, which when you look at the updated
drawings, has been done. I’d like to point out that Council didn’t give any specific percentages of square-foot numbers related to that. That’s up to us to decide, and I feel like yes, there are measures taken, so I feel like the
exceptions that are being asked for are not excessive, are not asking for something that I feel like is going to set a bad precedent or that we would struggle with.
CHAIR THOMAS: Commissioner Stump.
COMMISSIONER STUMP: I was the guy at the last
meeting that I guess made the comment that this is too big a house for too small a lot, and I think we still face that in some ways. By the way, I don’t disagree with the points that have been brought up here, but I’m reminded of the specific direction that we received from the Town Council:
reduce the building footprint in consideration of the LRDA, which we know is a major challenge. Is there just not much of it? And to reduce the volume and massing of the
residence.
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So, where does the project stand now? We’ve
already talked about it. They’ve reduced what I call
livable square footage by 5.4% to bring it in compliance with the side setbacks. The front porch wall has been
reduced to pull the house back a little bit from the
roadway; in fact, it went from at one point I think it was 18’ and I think it's now gone back to 3’-6”, and I would call that a good start, because again, I think safety still needs to be an issue here.
We also know that whatever gets approved, and
something will be approved, back in January eight
exceptions were requested. If my math is right, and looking back at the Staff Report, eight exceptions are still being requested, although you didn’t really receive any credit for the side setbacks, because they were all rolled into one exception, so anyway, those exceptions continue to be required and at some point will be needed.
My thinking is that the mass and scale of this
house could still be reduced, and how would you do that? By still pulling it away from the roadway. My concern is that I don't know that some of these other homes where we say the neighborhood is built this way. Well, a lot of things got built 20, 30, 40 years ago that if we had a do over we’d say don’t do that, so I don’t think they set
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precedent. They certainly can be a comparison for us, but I think the overarching issue needs to be safety.
So, one way you would reduce the size of the
house is you say let’s stick with the rear setback of 25’.
I don’t think that answers the question about how you pull the house back from the roadway, so I am still of the mind that the house is too big.
As it was, they came forward with a 4,007 squarefoot house. The reduction brings this down to a 3,763 square-foot total livable space, so I’m just trying to
compare apples-to-apples here: it’s still a very large
house. The scale and the mass have not been reduced very much and I’m not sure that it’s what the Council directed, so I will leave it at that. Thank you.
CHAIR THOMAS: I have a question for Staff. Are
we allowed to consider the square footage of the ADU in the overall decision-making of this?
SEAN MULLIN: Pursuant to State law, no.
CHAIR THOMAS: Okay. So, what is the total
countable square footage of the current proposal?
SEAN MULLIN: Countable square footage is 1,593.
That doesn’t count the below-grade square footage; it takes out the garage, because there’s a credit that covers that; but it does not consider the ADU.
ITEM NO. 18.
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CHAIR THOMAS: And the max allowed on this is the
1,656?
SEAN MULLIN: Correct.
CHAIR THOMAS: Okay, thank you for that
clarification. Are there any other comments? Yes,
Commissioner Raspe.
COMMISSIONER RASPE: Thank you, Chair. I went
back through our records, and I went back through our
hearing transcript, and first of all it’s shocking how much speaking I actually did at the last meeting, so I apologize to everybody for that.
But at that time, we did an exhaustive, I
thought, review of this project. We went through all the exceptions on a line-by-line basis, largely at Vice Chair Burch’s thinking, and I thought it was a good way to do it.
I know that this is a de novo review, but I just want to state for the record, I thought we did a pretty exhaustive discussion the first time.
Now, fast forwarding to tonight, I think my focus
has been on really the Council direction. Those are two things.
That is, first of all the LRDA, and I think we
can all agree, the LRDA is never going to be a perfect
solution there. It is what it is. Given this lot, and given
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the siting of the road, there’s going to be an imperfect solution, and I think we’ve got an imperfect solution in this case, probably closest to the best we’re ever going to see on a building at this site, so to me that’s largely been addressed.
The other was reducing the massing, and according
to our notes, the building is now at 1,593 square feet, which has been reduced by 240 square feet, the footprint has been reduced by 30 feet, so I think the footprint
massing side of it has been reduced per Council’s
direction.
Massing can also mean height, and so during my
conversation here with the Applicant I explored two ways to try to do that, that is, reduce ceiling height or push the building back on the lot. Neither one of those solves the problem, and so I don't know how we can reduce the massing— if we’re going to use that word here—any more. The
building, again, 1,593 square feet of countable abovegrade, which doesn’t seem to me to be an extraordinarily large home, given what we’re building in Los Gatos.
So, in my view, yes, the changes have not been
dramatic from Council’s direction, but I’m not sure how much more we can ask of this Applicant and still retain a buildable lot here, so I think that the Applicant has
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addressed the Council’s recommendations to the best of
their abilities given the constraints on this lot, and I would recommend approval of this project.
One last comment. I’m looking at the schematics
on the front loggia as a way of kind of breaking up the façade, and I don’t see that it does. The rest of the
building is of an equal height, it doesn’t seem to protrude that much forward, and so somehow redesigning that I don’t think solves a massing issue, it’s more design aesthetics, so I appreciate the comments and the thoughts and the
problem solving on that, I just don’t think that particular solution seems to work. Chair, those are my thoughts.
CHAIR THOMAS: Okay, thank you. Commissioner
Sordi.
COMMISSIONER SORDI: Obviously, just a really
challenging lot. As a planner, developer, and city plan checker over the years, I’ve dealt with hillside conditions like this a lot and it’s just really challenging. We know for sure that there’s going to be a significant portion of the floor area that’s going to be exempt, because you have to bench this house into the hill, and you’re just going to be caught in a situation where you can keep chipping away at this thing, but you’re going to end up with an unlivable house.
ITEM NO. 18.
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We can try to make it smaller. They’ve done their
best to make it smaller. Granted, it’s not a huge
percentage change, but I just don’t know what else you
would do. Again, you almost grab the architect’s hand and you start designing it yourself, and you create something that’s really unlivable for somebody.
Also, you have to consider their expense. This
plays a little bit into some of the safety concerns that came up, but they have to do the fire turnaround as
required by the Fire Department; that’s putting them in a really tough spot because it takes up such a huge portion of the lot. It also creates a retaining wall in the front that’s extraordinary in size, and they’re doing that in order to do a fire turnaround.
Further, on the subject of safety, you’ve got the
fire turnaround and you’re creating that for the entire neighborhood. There is no fire turnaround now, so it
benefits everybody on this street. You’ve got a new house that’s going to be WUI protected and it’s going to be
beefed up in terms of code.
So, from the safety standpoint, I just struggle
with this notion that somehow this is creating a less safe environment. I really think that they’re doing a lot of
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things to improve the safety of the neighborhood, so I’ll just leave it at that.
CHAIR THOMAS: Thank you. I will add some of my
comments, just really pretty much echoing my fellow
commissioners. I went back and also watched the Town
Council meeting and our previous hearing, and I feel like we did really go through each of the exceptions that were being asked for, and tried to come up with solutions or alternatives that were realistic and viable to keep this lot developable in some way.
I still think that a number of these exceptions,
at least three, come with the firetruck turnaround, which is nonnegotiable in my opinion, because it is required by County Fire and is necessary to improve safety in the area.
And I think, as my fellow commissioners have
said, with the LRDA being such a small space and this lot having such a unique private road run directly through it, that they’ve done the best that they can with this project.
I also agree that the Applicant responded well to
the Council’s direction, and so I am able to make the
findings that are found in Exhibit 2 and I am ready to
support this project is someone else would like to maybe propose a motion. Commissioner Barnett.
ITEM NO. 18.
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COMMISSIONER BARNETT: I’ll start, and see what
needs to be added to it.
With respect to Item 2 on our calendar today
concerning 45 Reservoir Road, I move to accept the revised proposal with the reduced rear yard setback, site
improvements requiring a Grading Permit, and removal of large, protected trees on the nonconforming lot.
I can make all of the findings that are in
Exhibit 2, which is on page 5 of the Staff Report,
including the considerations in paragraph 8, and approve the Architecture and Site Application S-22-048 with the conditions in Exhibit 3, and the revised development plans in Exhibit 10.
My motion is based on all the things we’ve
discussed tonight, the good faith changes made by the
Applicant since it was remanded to us, the recognition of the difficulties of the site for all the reasons talked about tonight, and overall the requirement to make this lot buildable in light of the fact that there was this 2015 lot merger, which contemplated that there would have to be
exceptions, in my opinion. That’s my motion.
CHAIR THOMAS: Thank you. Do we have a second?
Vice Chair Burch.
VICE CHAIR BURCH: I’ll second.
ITEM NO. 18.
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CHAIR THOMAS: Thank you. I also just wanted to
add one more comment, because we did not discuss it but it did come up, and that is that I appreciate the effort to do the tandem parking, because that was something that was of a concern to some of the neighbors and we thoroughly
discussed it at the time, so I appreciate the change and the reconfiguration of that, because I think that it’s
important that people aren’t parking in this big, beautiful firetruck turnaround, which I know everyone in the
neighborhood is going to want to do, so thank you very much for that.
Is there any other discussion before I call the
question? Okay, all those in favor, please raise your hand.
Any opposed? So, it passes 5-1 with Commissioner Stump
dissenting. Are there any appeal rights?
DIRECTOR PAULSON: Thank you, Chair. There are
appeal rights. Anyone that is not satisfied with the
decision of the Planning Commission can appeal that
decision to the Town Council. Appeal forms are available in the Clerk’s Office and online. There is a fee for filing the appeal, and the appeal must be filed within ten days.
CHAIR THOMAS: Okay, thank you very much.
(END)
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ITEM NO. 18.
Planning Department July 23, 2025
Community Development Department, Town of Los Gatos
110 E. Main Street
Los Gatos, CA 95030
Re: The Agahian Residence, 45 Reservoir Road, Los Gatos Response to Appeal of Planning Commission Approval
Dear Mr Mullin,
In response to the appeal of the recent Planning Commission approval for the Agahian residence (and ADU), please consider the following. The language of the appeal states 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.” We vehemently disagree with this opinion and contend the Planning Commission exercised careful consideration of the revised design, approved the project 5-1 (with one recusal) and noted that we did indeed follow the directive of the Town Council.
Project History:
- Initial application submitted 11/8/2022 and went through several rounds of Staff Technical Review, including Geological, Architectural and Fire reviews - AMMR from SCCFD received 7/19/2024
- Project was heard during a Planning Commission meeting on 1/3/2025. Project was approved subject to conditions of approval.
- Project was appealed by a neighboring resident on 1/17/2025. Project was submitted to the Town Council for a public meeting on 3/4/2025. The appeal was granted with the resolution 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. - Revised project was heard at the June 11 Planning Commission meeting, and after careful thought and scrutiny, was approved by a 5-1 vote. The lone negative vote was for reasons other than the size or massing of the home.
Immediately following the 3/4/2025 Town Council meeting we met with town staff to assess exactly what directives the Council asked for. The following bullet points are highlights of what was revised in an effort to address the Council’s directives:
Reduce the volume/massing and FAR of the residence.
• Reduced the width of the house and shaved off 2.5 ft across the entire building on the west side
• Stepped the garage side wall back to conform to the east side setback, cutting between 1 to 3ft across the whole building
• Floor area (FAR) reduced by 47sf and the whole structure by 244sf 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
ATTACHMENT 6
ITEM NO. 18.
THE AGAHIAN RESIDENCE, 45 RESERVOIR ROAD, PAGE 2 of 2
• Front porch wall pulled back from the road by 2.5 ft, reducing another 30sf of covered area • Structural coverage reduced by 168 SF and the residence no longer encroaches into the side setbacks.
In Summary
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.
Regards,
Gary Kohlsaat
Architect C19245
ITEM NO. 18.
July 24, 2025
Dear Members of the City Council,
I am writing in response to the appeal submitted by my neighbor, Mary Vidovich, regarding the Planning Commission’s decision to approve my building project at 45 Reservoir Rd, Los Gatos. I fully respect the public’s right to appeal and appreciate that diverse perspectives are an important part of the planning process. However, I am concerned that the appeal includes statements that are both false and misleading, which misrepresent the facts and unfairly harm the reputations of others in our community.
In particular, the appeal package contains a letter from Ms. Vidovich that alleges my neighbors, Kia and Emily Baratzadeh, support my project due to a supposed "vested interest" related to their pool's electricity needs. This claim is entirely unfounded. The Baratzadeh Family’s pool project is—and has always been—completely independent of my property. Their pool has been in use since March 2025, while my PG&E project remains pending.
The Baratzadeh Family has already provided a letter to Mr. Sean Mullin and Council members clarifying these false statements. Their genuine support for my project is based solely on their belief in its positive contribution to the neighborhood. As the Council is aware, knowingly submitting false information to a public agency is a serious matter under California Penal Code § 115. I respectfully submit that the inclusion of such misstatements in the appeal calls its credibility into question. I trust the Council will take these misrepresentations into account when assessing the overall merit and credibility of the appeal.
Unlike the Baratzadeh Family—whose support for my project has been both sincere and transparent— Mr. Andrew Watson and his wife, Mrs. Kathleen Watson, who spoke in support of Ms. Vidovich’s appeal in March, appear to have misrepresented their circumstances. The Watson family testified at the Planning Commission hearing and again before the Council, presenting themselves as long-term, deeply rooted neighbors, residing at 56 Cleland. Mr.
Andrew Watson stated: “We've been there about 37 years; we expect to live there for the rest of our lives. We raised two daughters there. One of them will occupy the house after we're gone.”
However, public records indicate that the Watson Family listed their property for sale just one week after that Council meeting, finalized the sale in March/April 2025, and had purchased another home elsewhere as early as January 2025. This timeline raises legitimate questions about the accuracy of the testimony presented, particularly as it pertains to their continued residence and long-term interest in the outcome of my project.
Finally, it's important to note that Ms. Vidovich didn't attend the Planning Commission hearing on June 11 to raise concerns and seek clarification before the matter advanced to the Council.
While I fully acknowledge that attendance isn't a requirement for filing an appeal, I believe that had she engaged at that earlier stage, we might have been able to address her concerns directly and clarify any misunderstandings before they became the basis for another appeal.
ATTACHMENT 7 Page 878
ITEM NO. 18.
I trust the Council will give a thorough consideration to the application and recognize the good faith in which this project has been proposed and supported. I am confident that a careful review will bring clarity to the factual inaccuracies in the appeal and support a decision based on accurate and reliable facts.
Thank you for taking the time to review my response.
Best regards,
Dr. Farnaz Agahian
ITEM NO. 18.
July 30, 2025
Written Comments
45 Reservoir Road Appeal
Town Council March 4, 2025
From: Mary Vidovich
47 Reservoir Road
This lot was created as part of a subdivision of 60 Rogers. When created, the lot was essentially unbuildable due to steep slope (average 28%) and the roadway occupying much of the Least Restrictive Development Area.
Rather than accept these limitations, the developer relies on numerous (at least 7 of them) development exceptions to “make the design work” (as stated in the Letter of Justification).
The result is a maximum development with maximum exceptions.
Rather than place a priority on “making the design work” the priority should be to work within the minimize the development exceptions and accept a more modest structure on the site.
Although nominally a 10,000 sq. ft. lot, it is functionally much smaller, perhaps the equivalent of a 5,000 sq. ft. lot. The plans show the “net site area” as 4,600 sq. ft.
Instead of having frontage on a public road and being relatively level as contemplated in the zoning ordinances, this lot is both steep and cut in half by the private road, with the remaining downhill portion too steep to support development without a massive retaining wall. In addition, perhaps a third of the lot will be used for roadway and the turnaround.
Any development should be limited to the LRDA on the uphill portion of the lot The following is a summary of some of the concerns with this proposed development.
1. House and footprint are too large for this lot.
Squeezing this large house onto the portion of the lot that is available for building requires numerous exceptions to normal development standards and the removal of more trees than can be justified.
Any development should be limited to the LRDA on the uphill portion of the lot
2. The proposed house is much larger than the average of the houses in the neighborhood.
3. Inadequate parking.
There is a two car garage that uses tandem parking, and only one surface parking space.
The development includes an ADU, so this is a two household development.
ATTACHMENT 8 Page 880
ITEM NO. 18.
4. The side setbacks have been changed so that they are now in compliance.
5. xcessively high retaining walls.
A 15’ tall retaining wall a few feet from the downhill neighboring lot is excessive. The neighbor will no longer be looking at a natural hill side, but will now face a massive block wall.
6. The proposed storm drainage appears to be inadequate.
Although staff has reviewed the proposed grading and drainage plan, we remain concerned that the “natural drainage” is inadequate.
There is a great increase in the impermeable surface area. Together with the removal of over 13 trees with result in an increase in both surface and subsurface flows of storm waters. The plans state that the impermeable area has increased to approximately 6,300 sq. ft. But the plans also show the “disturbed area” of approximately 8,200 sq. ft.
Flows are directed to the turnaround, and then drained into a 100 sq. foot by 3 feet deep trench. Presumably the water will then percolate underground onto the neighboring properties for them to live with. This strikes us a less than optimal solution.
7. The development requires an excess amount of imported fill.
The plans show the need for more than 2,000 cubic feet of fill to be brought onto site.
Total fill needed is approximately 3,500 cubic feet, with construction generating approximately 1,400 cubic feet of cut.
ITEM NO. 18.
Planning Department July 30, 2025
Community Development Department, Town of Los Gatos
110 E. Main Street
Los Gatos, CA 95030
Re: The Agahian Residence, 45 Reservoir Road, Los Gatos Response to Appellant’s Written Comments
Dear Mr Mullin,
In response to the recent written comments submitted by the appellant dated July 30, 2025, I feel compelled to address some of these points, even though many of these comments veer well away from the stated scope of the appeal (Size, mass and volume of approved home). The Planning Commission considered every one of these comments when granting approval.
The subject property at 45 Reservoir Road is a result of a Lot Line Adjustment (LLA) of 3 existing legal parcels that reapportioned the properties, and was not a Subdivision where new lots we “created”. This is a subtle but important difference. Additionally, all LLA’s in the Town are carefully reviewed by staff before being approved. Unfortunately, these three parcels carried the existing R-1:20 zoning instead of being appropriately rezoned to reflect the true lot areas.
Regarding the exception made for parking (#3), it is physically impossible to fit all of the required parking on the available land, once the firetruck turnaround area is deducted. It’s also ironic that the appellant only has a one car garage and two uncovered parking spaces.
I want to make it crystal clear the 15 ft tall retaining walls (#5) required to provide a level fire truck turnaround are necessary even for a 500 SF residence, so this exception is unavoidable for any project to be built.
The Council should understand the revised storm drainage plans (#6), designed by a licensed civil engineering firm with thousands of projects under their belt, have been thoroughly reviewed and approved by PPW. Newly added storm drainage chambers located under the fire truck turnaround allow for infiltration. The trench referred to in the letter is a rock lined swale designed as an energy dissipator to mitigate any emergency overflow from the chambers, which serve as the real workhorse here.
Finally, the earthwork quantities stated in the letter (#7) are erroneous to a fault and are very misleading. First of all, the appellant uses cubic feet as the unit quantities, where the standard is cubic yards. (The plans show the need for more than 2,000 cubic feet of fill to be brought onto site.Total fill needed is approximately 3,500 cubic feet, with construction generating approximately1,400 cubic feet of cut.) By using cubic feet and not the common cubic yards, the numbers appear to be grossly inflated. Perhaps this was simply an error? 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
ATTACHMENT 9
ITEM NO. 18.
THE AGAHIAN RESIDENCE, 45 RESERVOIR ROAD, PAGE 2 of 2
Even so, nowhere in the plans is there any indication of the need to import Fill material. The “Grading Quantities” table shown on Sheet 1 of 8 of Hanna Brunetti’s drawings indicate a total of 1,138 cubic yards of Cut and 622 combined cubic yards of Fill. The resulting delta is 516 cu. yds of soil to be exported. Additionally, the amount of earthwork calculated and listed in the table for “Residence” is technically exempt and should not be considered in the overall “Grading” quantities; this work is deemed as “Excavation” and is covered under the building permit. Grading is reserved for earthwork out side of the footprint of the structure(s). Again, a subtle but important difference to be considered when evaluating projects.
Thank you for the opportunity to address these misleading statements ahead of the hearing so we can use the Council’s time to stay focused on the merits of the appeal.
Regards,
Gary Kohlsaat
Architect C19245
ITEM NO. 18.
Draft Resolution Adoption Date
DRAFT RESOLUTION
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
DENYING AN APPEAL OF THE DECISION OF THE PLANNING COMMISSION
APPROVAL OF A REQUEST FOR CONSTRUCTION OF A NEW SINGLE-FAMILY
RESIDENCE WITH REDUCED REAR YARD SETBACKS, SITE IMPROVEMENTS
REQUIRING A GRADING PERMIT, AND REMOVAL OF LARGE PROTECTED TREES ON VACANT PROPERTY ZONED R-1:20 AND UPHOLDING THE APPROVAL.
APN 529-33-054
ARCHITECTURE AND SITE APPLICATION: S-22-048
PROPERTY LOCATION: 45 RESERVOIR ROAD
APPELLANT: MARY J. VIDOVICH
PROPERTY OWNER: FARNAZ AGAHIAN
APPLICANT: GARY KOHLSAAT, ARCHITECT
WHEREAS, on January 8, 2025, the Planning Commission held a public hearing and considered 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. The Planning Commission approved the Architecture and Site application;
WHEREAS, on January 17, 2025, the appellant, an interested person, filed a timely appeal of the decision of the Planning Commission approving the 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;
WHEREAS, this matter came before the Town Council for public hearing on March 4, 2025, and was regularly noticed in conformance with State and Town law; WHEREAS, the Town Council received testimony and documentary evidence from the appellant and all interested persons who wished to testify or submit documents. The Town Council considered all testimony and materials submitted, including the record of the Planning Commission proceedings and the packet of materials contained in the Council Agenda Report for their meeting on March 4, 2025, along with any and all subsequent reports and materials prepared concerning this application and 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; and
WHEREAS, on March 18, 2025, the Town Council passed and adopted Resolution 2025- 009 granting the appeal of the decision of the Planning Commission and remanding the application back to the Planning Commission with specific direction; and WHEREAS, on May 7, 2025, the applicant submitted revised application materials in response to the direction of the Town Council; and
Draft Resolution to be
modified by Town
Council deliberations
and direction.
ATTACHMENT 10
ITEM NO. 18.
Draft Resolution Adoption Date
WHEREAS, on June 11, 2025, the Planning Commission held a public hearing and considered 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. The Planning Commission approved the Architecture and Site application; and
WHEREAS, on June 23, 2025, the appellant, an interested person, filed a timely appeal of the decision of the Planning Commission approving the request to construct a new singlefamily 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; and
WHEREAS, this matter came before the Town Council for public hearing on August 5, 2025, and was regularly noticed in conformance with State and Town law; WHEREAS, the Town Council received testimony and documentary evidence from the appellant and all interested persons who wished to testify or submit documents. The Town Council considered all testimony and materials submitted, including the record of the Planning Commission proceedings and the packet of materials contained in the Council Agenda Report for their meeting on August 5, 2025, along with any and all subsequent reports and materials prepared concerning this application; and
WHEREAS, Town Code Section 29.20.295 provides that an appellant bears the burden of proof to demonstrate that there was error or abuse of discretion (including decisions that are not supported by substantial evidence in the record) by the Planning Commission.
NOW, THEREFORE, BE IT RESOLVED:
In accordance with Town Code section 29.20.295, the Town Council finds that:
1. The appellant has not demonstrated that the Planning Commission’s decision to approve the Architecture and Site application was error or an abuse of discretion.
2. The Town Council of the Town of Los Gatos does hereby declare, determine, and order that the following findings and considerations were properly made by the Planning Commission:
a. Finding for the California Environmental Quality Act (CEQA):
The project is Categorically Exempt pursuant to the adopted Guidelines for the Implementation of the California Environmental Quality Act, Section 15303: New Construction.
ITEM NO. 18.
Draft Resolution Adoption Date
b. Finding required 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 in that the subject property is 10,000 square feet, where 20,000 square feet is required by the R-1:20 zone, and with regard to lot width having a width of 83 feet, where 100 feet is required by the R-1:20 zone; 2) The rear setbacks would be compatible with three residences in the immediate neighborhood, that include setbacks that do not meet the requirements of the zone;
3) The driveway/access road includes portions that do not meet the 18- foot requirement, and the applicant demonstrated that the plan balances the road widening with private property limitations, fire access, tree preservation, and existing conditions;
4) The driveway depth does not meet the required length of 18 feet and the applicant demonstrated, that due to site constraints and the requirement for a firetruck turnaround, a compliant driveway depth is not feasible. While 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 backup 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.
c. Finding required 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, due to site constraints, including nonconforming lot size, slopes, and the private road bisecting the lot, the lot does not have adequate area to provide the two required parking spaces within the proposed garage. The applicant has provided parking to the greatest extent feasible with an attached garage in a tandem configuration. 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, resulting in a side-by-side parking configuration. The applicant proposes an attached two-car garage in a tandem configuration. The two provided parking spaces within the garage meet the minimum dimensions for a single-car garage parking space of 11 feet by 20 feet. d. Finding for 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 requirements, driveway/access
ITEM NO. 18.
Draft Resolution Adoption Date
road width, parking configuration, and driveway depth and the findings for these exceptions can be made, as provided above.
e. Findings for compliance with the Residential Design Guidelines:
The project complies with the Residential Design Guidelines for single-family residences. The Town’s Consulting Architect reviewed the project 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. f. Findings for 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 and due to site constraints, including nonconforming lot size, slopes, and the private road bisecting the lot the findings for these exceptions can be made. g. Findings for 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. Due to site constraints, including nonconforming lot size, steep slopes, requirement for a firetruck turnaround, and the private road bisecting the lot, there is not adequate room to provide the four required guest parking spaces. The applicant provided one guest parking space, which is to the greatest extent feasible given the site constraints. h. Considerations required in review of Architecture and Site applications:
As required by Section 29.20.150 of the Town Code, the considerations in review of an Architecture and Site application were all made in reviewing this project, including but not limited to, neighborhood compatibility, architectural design, site layout, and landscaping.
3. The Planning Commission decision is supported by substantial evidence in the record, including the following:
The Planning Commission made all the required findings as provided above and opined that the applicant had adequately responded to the direction provided by the Town Council in their March 18, 2025 decision to remand the applicant back to the Planning Commission.
4. The appeal of the decision of the Planning Commission approving 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, is denied and the