Item 3 - Staff Report with Exhibits 1-8.200HappyAcresRoad
PREPARED BY: Jocelyn Shoopman
Associate Planner
Reviewed by: Planning Manager and Community Development Director
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6872
www.losgatosca.gov
TOWN OF LOS GATOS
PLANNING COMMISSION
REPORT
MEETING DATE: 07/26/2023
ITEM NO: 3
DATE: July 21, 2023
TO: Planning Commission
FROM: Joel Paulson, Community Development Director
SUBJECT: Requesting Approval for Modification to an Existing Subdivision Application
(PRJ-97-117) on Property Zoned HR-2½. APN 537-24-030. Located at 200
Happy Acres Road. APN 537-24-030. Categorically Exempt Pursuant to CEQA
Guidelines Section 15315: Minor Land Divisions and Section 15061(b)(3):
Common Sense Exemption. Subdivision Application M-21-006. Property
Owner: Fred and Fereshten Toofan. Applicant: Noel Cross.
RECOMMENDATION:
Approval.
PROJECT DATA:
General Plan Designation: Hillside Residential
Zoning Designation: HR-2½
Applicable Plans & Standards: General Plan, Hillside Development Standards and Guidelines,
and Hillside Specific Plan
Parcel Size: 2.72 acres (118,483 square feet)
Surrounding Area:
CEQA:
The project is Categorically Exempt pursuant to the adopted Guidelines for the Implementation
of the California Environmental Quality Act, 15315: Minor Land Divisions and Section
15061(b)(3): Common Sense Exemption.
Existing Land Use General Plan Zoning
North Residential Hillside Residential HR-2½
South Residential Hillside Residential HR-2½
East Commercial Hillside Residential HR-2½ and RC
West Residential Hillside Residential HR-2½
PAGE 2 OF 7
SUBJECT: 200 Happy Acres Road/M-21-006
DATE: July 21, 2023
FINDINGS:
▪ The project is Categorically Exempt pursuant to the adopted Guidelines for the
Implementation of the California Environmental Quality Act, Section 15315: Minor Land
Divisions and Section 15061(b)(3): Common Sense Exemption.
▪ The project meets the objective standards of Chapter 29 of the Town Code (Zoning
Regulations).
▪ The project complies with the Hillside Development Standards and Guidelines (HDS&G).
▪ The project complies with the Hillside Specific Plan.
ACTION:
The decision of the Planning Commission is final unless appealed within ten days.
BACKGROUND:
The subject property is located south of Shannon Road, at the terminus of Happy Acres Road
(Exhibit 1). The vacant hillside property is approximately 2.72 acres, that is served by a private
shared driveway which provides access to three other single-family homes.
On January 13, 1999, the Planning Commission approved the subdivision of a 10.26-acre parcel
into two lots, subject to conditions of approval. This approval created the two parcels located
at 15400 Suview Drive and 200 Happy Acres Road.
The Subdivision application has been referred to the Planning Commission since the applicant is
requesting to modify the conditions of approval for an existing Subdivision Application (PRJ-97-
117) that was previously approved by the Planning Commission.
In order to fulfill Condition #4 of PRJ-97-117 (Exhibit 4), the applicant would be required to
construct a culvert. The request for this construction design was denied by the California
Regional Water Quality Control Board as they did not support the culverting of an open
channel.
PROJECT DESCRIPTION:
A. Location and Surrounding Neighborhood
The subject property is approximately 2.72 acres, located south of Shannon Road, and is
accessed by a private shared driveway which provides access to three other parcels via an
egress and ingress right-of-way easement (Exhibit 1). The subject hillside property is
currently vacant. The surrounding hillside properties to the north, east, south, and west are
developed with single-family homes.
PAGE 3 OF 7
SUBJECT: 200 Happy Acres Road/M-21-006
DATE: July 21, 2023
PROJECT DESCRIPTION (continued):
B. Project Summary
The applicant is requesting a modification to the conditions of approval for Subdivision
Application PRJ-97-117, which approved the subdivision of one lot into two lots. The
applicant is requesting approval to remove Condition #4 because the required cul-de-sac
cannot be constructed in the location as shown on the approved tentative map due to the
inability to obtain a permit from the California Regional Water Quality Control Board.
The modified condition of approval would provide access to the parcel further up the
private shared driveway, entirely within the boundary of the subject parcel (Exhibit 8).
Review by Planning, Parks and Public Works, and the Santa Clara County Fire Department of
proposed site improvements to the private shared driveway have not been completed at
this time. A future Architecture and Site application would be required for a new single-
family residence and site improvements; however, the applicant cannot apply for an
Architecture and Site application until the conditions of approval for the Subdivision
application have been complied with.
C. Zoning Compliance
The applicant’s request does not propose any structures and the request to modify the
approved conditions of approval does not conflict with Town Code.
DISCUSSION:
A. Modified Conditions of Approval
The applicant is requesting approval to remove Condition #4, items a through c of the
conditions of approval (Exhibit 4):
4. DEDICATIONS. The following shall be dedicated on the parcel map. The
dedication shall be recorded before any permits are issued.
a. Happy Acres Road. A 20-foot street right-of-way with a standard 42-foot
radius cul-de- sac.
b. Public Service Easement (PSE). Ten (10) feet wide, next to the Happy Acres
Road right- of-way.
c. Ingress-egress, storm drainage and sanitary sewer easements, as required.
An ephemeral stream is located to the south of the site, downslope of the private shared
driveway. In order to fulfill Condition #4 to provide sufficient flat area to accommodate the
cul-de-sac, it would have required the applicant to construct a culvert.
PAGE 4 OF 7
SUBJECT: 200 Happy Acres Road/M-21-006
DATE: July 21, 2023
DISCUSSION (continued):
The request for this construction design was denied by the California Regional Water
Quality Control Board. In response, the applicant has proposed an alternative location for
the turnaround for emergency access, further up the private shared driveway, within the
parcel boundaries of the subject site (Exhibit 8). Since the location of the proposed firetruck
turnaround has been relocated, the applicant is also requesting the removal of Conditions
#8 and #9 since a permit from either agency is no longer required .
8. FISH AND GAME REQUIREMENTS. A "1603" permit shall be obtained for the
California Department of Fish and Game for proposed improvements in or
near riparian areas within their jurisdiction. A copy of the permit shall be
provided to the Planning Department before the parcel map is recorded.
9. 401 CERTIFICATION. A 401 Certification shall be obtained from the San
Francisco Bay Region Water Quality Control District for work in "waters of the
State of California." A copy of the certification shall be provided to the
Planning Department before the parcel map is recorded.
The applicant’s letter of justification states that future improvements under a separate
Architecture and Site application will provide a safer situation for the neighbors whose
properties are served by the current private driveway, as there currently is no safe place to
turn around for either emergency vehicles or passenger cars (Exhibit 5).
Modified conditions of approval are being recommended by the Planning Division,
Engineering Division, and Santa Clara County Fire Department to reflect the current project
scope, Town Code regulations, and individual department requirements (Exhibit 3). The
modified conditions of approval contained in Exhibit 3 would therefore replace the
conditions provided in Exhibit 4.
B. Fire Conditions of Approval
The Santa Clara County Fire Department has provided six conditions of approval on the
Subdivision application (Exhibit 3) to replace the three conditions from the Fire Department
in the original approval. Condition #16 states the following: “At time of architectural/site
development application, compliance with the State Fire Safe Regulations (14 California
Code of Regulations §1270), in effect at time of application, shall be clearly demonstrated.
Any request for exception shall be processed prior to approval of the site development
application.”
The applicant’s attorney has submitted a letter objecting to the language of Condition #16,
and requesting that the Planning Commission modify the condition of approval to include
new language, shown in the underlined text below (Exhibit 6): “At time of architectural/site
PAGE 5 OF 7
SUBJECT: 200 Happy Acres Road/M-21-006
DATE: July 21, 2023
DISCUSSION (continued):
development application, compliance with the State Fire Safe Regulations (14 California
Code of Regulations §1270), in effect at time of application, shall be clearly demonstrated,
to the extent an appeal and/or a waiver of those Regulations has not been upheld and/o r
granted by the Town of Los Gatos. Any request for exception shall be processed prior to
approval of the site development application.”
The applicant’s attorney states that the modified language to the condition of approval only
adds a clause to recognize the property owner’s right to challenge future conditions of
approval imposed by the Santa Clara County Fire Department related to California Public
Resources Code 4290 for sites designated as very high fire hazard severity zones (Exhibit 6).
C. Tree Impacts
The request to modify the approved conditions of approval does not include approval for
the removal of existing trees. Future development of the site would require an Architecture
and Site application, which would review and consider trees proposed for removal to
accommodate future site improvements. Given preliminary discussions with the Santa
Clara County Fire Department regarding future improvements of the private shared
driveway, the applicant has already begun neighborhood outreach to the adjacent
neighbors located at 165 Happy Acres Road and 333 Happy Acres Road regarding the
potential for future tree removals (Exhibit 7).
D. Grading
The request to modify the approved conditions of approval does not include approval for
any site grading. Future development of the site would require an Architecture and Site
application, which would review and consider all proposed grading to accommodate a
future single-family residence and improvements to the existing shared private driveway.
E. Neighbor Outreach
The property owner has indicated that they have communicated with their adjacent
neighbors to discuss the proposed project and potential future improvements.
F. CEQA Determination
The project is Categorically Exempt pursuant to the adopted Guidelines for the
Implementation of the California Environmental Quality Act, Section 15315: Minor Land
Divisions and Section 15061(b)(3): Common Sense Exemption.
PAGE 6 OF 7
SUBJECT: 200 Happy Acres Road/M-21-006
DATE: July 21, 2023
PUBLIC COMMENTS:
At the time of this report’s preparation, the Town has not received any public comment .
CONCLUSION:
A. Summary
The applicant is requesting approval of a Subdivision application to modify the conditions of
approval for Subdivision Application PRJ-97-117. The requested modification to Condition
#4 would propose a new location further up the shared private driveway for the required
turnaround for emergency access. Review by Planning, Parks and Public Works, and the
Santa Clara County Fire Department of the proposed site improvements to the private
shared driveway have not been completed at this time. A future Architecture and Site
application will be required for a new single-family residence and site improvements;
however, the applicant cannot apply for an Architecture and Site application until the
conditions of approval for the Subdivision application have been complied with.
B. Recommendation
Based on the analysis above, staff recommends approval of the Subdivision application
subject to the recommended conditions of approval (Exhibit 3). If the Planning Commission
finds merit with the proposed project, it should:
1. Make the finding that the proposed project is Categorically Exempt, pursuant to the
adopted Guidelines for the implementation of the California Environmental Quality Act,
Section 15315: Minor Land Divisions and Section 15061(b)(3): Common Sense
Exemption (Exhibit 2);
2. Make the finding that the project complies with the objective standards of Chapter 29 of
the Town Code (Zoning Regulations) (Exhibit 2);
3. Make the finding that the project in compliance with the Hillside Development
Standards and Guidelines (Exhibit 2);
4. Make the finding that the project complies with the Hillside Specific Plan (Exhibit 2); and
5. Approve Subdivision Application M-21-006 with the conditions contained in Exhibit 3
and the Plans in Exhibit 8.
C. Alternatives
Alternatively, the Commission can:
1. Continue the matter to a date certain with specific direction; or
2. Approve the application with additional and/or modified conditions; or
3. Deny the application and leave the conditions of PRJ-97-117 unchanged.
PAGE 7 OF 7
SUBJECT: 200 Happy Acres Road/M-21-006
DATE: July 21, 2023
EXHIBITS:
1. Location Map
2. Required Findings
3. Recommended Conditions of Approval
4. Subdivision Application PRJ-97-117 Conditions of Approval
5. Project Description
6. Letter from the Applicant’s Attorney
7. Neighborhood Outreach
8. Plans
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SUVIEW DRHAPPY ACRES RD
SUVIEW DR200 Happy Acres Road
0 0.250.125 Miles
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Update Notes:- Updated 12/20/17 to link to tlg-sql12 server data (sm)- Updated 11/22/19 adding centerpoint guides, Buildings layer, and Project Site leader with label- Updated 10/8/20 to add street centerlines which can be useful in the hillside area- Updated 02-19-21 to link to TLG-SQL17 database (sm)
EXHIBIT 1
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PLANNING COMMISSION – July 26, 2023
REQUIRED FINDINGS FOR:
200 Happy Acres Road
Subdivision Application M-21-006
Requesting Approval for Modification to an Existing Subdivision Application (PRJ-97-
117) on Property Zoned HR-2½. APN 537-24-030. Located at 200 Happy Acres Road.
APN 537-24-030. Categorically Exempt Pursuant to CEQA Guidelines Section 15315:
Minor Land Divisions and Section 15061(b)(3): Common Sense Exemption.
Subdivision Application M-21-006.
PROPERTY OWNER: Fred and Fereshten Toofan
APPLICANT: Noel Cross
PROJECT PLANNER: Jocelyn Shoopman
FINDINGS
Required findings for CEQA:
■ The project is Categorically Exempt pursuant to the adopted Guidelines for the
Implementation of the California Environmental Quality Act, Section 15315: Minor Land
Divisions and Section 15061(b)(3): Common Sense Exemption.
Required compliance with the Zoning Regulations:
■ The project meets the objective standards of Chapter 29 of the Town Code (Zoning
Regulations).
Required compliance with the Hillside Development Standards and Guidelines:
■ The project complies with the Hillside Development Standards and Guidelines.
Required compliance with the Hillside Specific Plan:
■ As required, the project complies with the Hillside Specific Plan
EXHIBIT 2
N:\DEV\FINDINGS\2023\Happy Acres 200 Subd Findings - PC 7-13-23.docx
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PLANNING COMMISSION – July 26, 2023
CONDITIONS OF APPROVAL
200 Happy Acres Road
Subdivision Application M-21-006
Requesting Approval for Modification to an Existing Subdivision Application (PRJ-97-
117) on Property Zoned HR-2½. APN 537-24-030. Located at 200 Happy Acres Road.
APN 537-24-030. Categorically Exempt Pursuant to CEQA Guidelines Section 15315:
Minor Land Divisions and Section 15061(b)(3): Common Sense Exemption.
Subdivision Application M-21-006.
PROPERTY OWNER: Fred and Fereshten Toofan
APPLICANT: Noel Cross
PROJECT PLANNER: Jocelyn Shoopman
TO THE SATISFACTION OF THE COMMUNITY DEVELOPMENT DIRECTOR:
Planning Division
1. APPROVAL: This application shall be completed in accordance with all of the conditions
of approval and in substantial compliance with the approved plans. Any changes or
modifications to the approved plans and/or business operation shall be approved by the
Community Development Director, 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. TOWN INDEMNITY: Applicants are notified that Town Code Section 1.10.115 requires
that any applicant who receives a permit or entitlement (“the Project”) from the Town
shall defend (with counsel approved by Town), indemnify, and hold harmless the Town,
its agents, officers, and employees from and against any claim, action, or proceeding
(including without limitation any appeal or petition for review thereof) against the Town
or its agents, officers or employees related to an approval of the Project, including
without limitation any related application, permit, certification, condition,
environmental determination, other approval, compliance or failure to comply with
applicable laws and regulations, and/or processing methods (“Challenge”). Town may
(but is not obligated to) defend such Challenge as Town, in its sole discretion,
determines appropriate, all at applicant’s sole cost and expense.
Applicant shall bear any and all losses, damages, injuries, liabilities, costs and expenses
(including, without limitation, staff time and in-house attorney’s fees on a fully-loaded
basis, attorney’s fees for outside legal counsel, expert witness fees, court costs, and
other litigation expenses) arising out of or related to any Challenge (“Costs”), whether
EXHIBIT 3
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.
4. COMPLIANCE MEMORANDUM: A memorandum shall be prepared and submitted with
the building plans detailing how the Conditions of Approval will be addressed.
TO THE SATISFACTION OF THE DIRECTOR OF PARKS & PUBLIC WORKS:
Engineering Division
5. GENERAL. All public improvements shall be made according to the latest adopted
Town Standard Drawings and the Town Standard Specifications. All work shall
conform to the applicable Town ordinances. The adjacent public right-of-way shall
be kept clear of all job-related dirt and 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 a special
permit is issued. The developer’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 Town performing the required maintenance at the
developer’s expense.
6. DEDICATIONS. The following shall be dedicated on the parcel map. The dedication shall
be recorded before any permits are issued.
a. Ingress-egress, storm drainage and sanitary sewer easements, as required.
7. PUBLIC IMPROVEMENTS. The following improvements shall be installed by the
developer. Plans for those improvements shall be prepared by a California registered
civil engineer, reviewed, and approved by the Town, and guaranteed by contract,
Faithful Performance Security and Labor & Materials Security before the issuance of a
building permit or the recordation of a map. The improvements must be completed
and accepted by the Town before a Certificate of Occupancy for any new building can be
issued.
a. Happy Acres Road. A 42-foot radius cul-de-sac or Fire approved truck turnaround.
8. ENCROACHMENT PERMIT. All work in the public right-of-way will require a
Construction Encroachment Permit. All work over $5,000 will require construction
security.
9. 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; and
c. Top of curb.
10. UTILITIES. The developer shall install all utility services, including telephone, electric
power and all other communications lines underground, as required by Town Code
§27.50.015(b). Cable television capability shall be provided to all new lots.
11. RESTORATION OF PUBLIC IMPROVEMENTS. The developer shall repair or replace all
existing improvements not designated for removal that are damaged or removed
because of developer’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. 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. Developer shall request a
walk-through with the Engineering Construction Inspector before the start of
construction to verify existing conditions.
TO THE SATISFACTION OF THE SANTA CLARA COUNTY FIRE DEPARTMENT:
12. 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.
13. NOTE: The subject lot is located within the Very High Fire Hazard Severity Zone
(VHFHSZ) of the Local Responsibility Area (LRA). Pursuant to California Public Resources
Code (PRC) 4290, the California Board of Forestry and Fire Protection is required to
“…adopt regulations implementing minimum fire safety standards related to defensible
space” applicable to “the perimeters and access to all residential, commercial, and
industrial building construction.” In 2018, the Legislature passed and the Governor
signed SB 901 (Dodd), which expanded the applicability of the regulations promulgated
under PRC 4290 to land in the Local Responsibility Area (LRA) Very High Fire Hazard
Severity Zone. All comments below that result from PRC 4290 are identified by **.
Where a conflict exists between local & 4290 requirements, the more stringent
requirement shall apply.
14. PRIVATE ROAD: The private road that starts at the terminus of the public road shall not
have installed at any time a gate or other obstruction across the road that could impede
or delay timely response by emergency service personnel.
15. IMPROVEMENT: At time of private roadway improvement, a sign shall be installed at the
start of the private road indicating “Fire Department Turnaround Ahead” or other
similar language to be approved by the Fire Code Authority prior to installation.
16. DEVELOPMENT APPLICATION: At time of architectural/site development application,
compliance with the State Fire Safe Regulations (14 California Code of Regulations
§1270), in effect at time of application, shall be clearly demonstrated. Any request for
exception shall be processed prior to approval of the site development application.
17. SITE DEVELOPMENT: Prior to issuance of building permits for site development, provide
evidence of recording for the proposed emergency vehicle access easement that
includes the fire apparatus turnaround.
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RECOMMENDED CONDITIONS OF APPROVAL
15400 Suview Drive
Project Application PRJ-97-117
Appeal of the decision of the Development Review Committee approving the
subdivision of a 10.26 acre parcel into two lots in the HR-2 ½ zone. PROPERTY OWNER/
APPLICANT: Charles Hackett APPELLANT: Terrance J. Rose
TO THE SATISFACTION OF THE PLANNING DIRECTOR:
(Engineering Section)
1. GRADING PERMIT. A grading permit is required for grading and drainage work
outside the limits of the dedicated public right-of-way. A separate application for
a grading permit (with grading plans) shall be made to the Engineering Section of
the Planning Department. The grading plans shall include final grading, drainage
retaining wall location, driveway, utilities and interim erosion control. Unless
specifically allowed by the Director of Parks and Public Works, the grading permit
will be issued concurrently with the building permit.
2. SOILS REPORT. One copy of the soils and geologic report shall be submitted with
the grading permit and public improvement applications. The soils report shall
include specific criteria and standards governing site grading, drainage,
pavement design, retaining wall design and erosion control. The reports shall be
signed and "wet stamped" by the engineer or geologist, in conformance with
Section 6735 of the California Business and Professions Code.
3. PARCEL MAP. A parcel map shall be recorded. Two copies of the parcel map shall
be submitted to the Engineering Section of the Planning Department for review
and approval. Submittals shall include closure calculations, title reports and
appropriate fee. The map shall be recorded before any permits are issued.
4. DEDICATIONS. The following shall be dedicated on the parcel map. The
dedication shall be recorded before any permits are issued.
a. Happy Acres Road. A 20-foot street right-of-way with a standard 42-foot
radius cul-de- sac.
b. Public Service Easement (PSE). Ten (10) feet wide, next to the Happy Acres
Road right- of-way.
c. Ingress-egress, storm drainage and sanitary sewer easements, as required.
5. PUBLIC IMPROVEMENTS. The following improvements shall be installed by the
developer. Plans for those improvements shall be prepared by a California
registered civil engineer, reviewed and approved by the Town, and guaranteed by
contract, Faithful Performance Security and Labor & Materials Security before the
issuance of a building permit or the recordation of a map. The improvements
must be completed and accepted by the Town before a Certificate of Occupancy
for any new building can be issued. Happy Acres Road. Curb, gutter, street light,
paving, retaining wall, signing, striping, storm drainage and sanitary sewers, as
required.
EXHIBIT 4
6. INSURANCE. One million dollars ($1,000,000) of liability insurance holding the
Town harmless shall be provided in a format acceptable to the Town Attorney
before recordation of the map.
7. TRAFFIC IMPACT MITIGATION FEE (RESIDENTIAL). The developer shall pay a
proportional the project's share of transportation improvements needed to
serve cumulative development within the Town of Los Gatos. The fee amount
will be based upon the Town Council resolution in effect at the time the request
of Certificate of Occupancy is made. The fee shall be paid before issuance of the
Certificate of Occupancy. The traffic impact mitigation fee for this project using
the current fee schedule is $5,730. the final fee shall be calculated form the final
plans using the rate schedule in effect at the time of the request for a
Certificate of Occupancy.
8. FISH AND GAME REQUIREMENTS. A "1603" permit shall be obtained for the
California Department of Fish and Game for proposed improvements in or
near riparian areas within their jurisdiction. A copy of the permit shall be
provided to the Planning Department before the parcel map is recorded.
9. 401 CERTIFICATION. A 401 Certification shall be obtained from the San
Francisco Bay Region Water Quality Control District for work in "waters of
the State of California." A copy of the certification shall be provided to the
Planning Department before the parcel map is recorded.
TO THE SATISFACTION OF THE DIRECTOR OF PARKS AND PUBLIC WORKS:
(Public Works Section)
10. GENERAL. All public improvements shall be made according to the latest
adopted Town Standard Drawings and the Town Standard Specifications. All
work shall conform to the applicable Town ordinances. The adjacent public
right-of-way shall be kept clear of all job related dirt and 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 a special permit is issued. The developer'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 Town
performing the required maintenance at the developer's expense.
11. ENCROACHMENT PERMIT. All work in the public right-of-way will
require a Construction Encroachment Permit. All work over $5,000 will
require construction security.
12. PUBLIC WORKS INSPECTIONS. The developer or his representative shall notify
the Engineering Inspector at least twenty-four (24) hours before starting an
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 rejection ow work
that went on without inspection.
13. GRADING MORATORIUM. No grading or earth-disturbing activities shall be
initiated in hillside areas between October 1 and April 15 of each year. For
grading operations commenced before October 1, all grading or earth-
disturbing activities shall cease October 15 and will not be allowed to restart
until April 15. Grading permits will not be issued between September 15 and
April 15. These limitations include, but are not limited to these items:
driveways, building pads, foundation trenches and drilled piers, retaining
walls, swimming pools, tennis courts, outbuildings and utility trenches. Install
interim erosion control measures, shown on the approved interim erosion
control plan, by October 1, if final landscaping is not in place. Maintain the
interim erosion control measures throughout the October 1 to April 15
period.
14. GRADING INSPECTIONS. The soils engineer or her/his qualified
representative shall continuously inspect all grading operations. The soils
engineer shall submit a final grading report before occupancy/Certificate of
Completion.
15. 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
c. Top of curb
16. EROSION CONTROL. Interim and final erosion control plans shall be prepared
and submitted to the Engineering Development Section of the Planning
Department. On sites over five (5) acres, a Notice of Intent (NOi) and Storm
Water Pollution Prevention Plan (SWPPP) shall be submitted to the San
Francisco Bay Regional Water Quality Control Board. Grading activities shall
be limited to the period of least rainfall (April 15 to October 1). A maximum of
two weeks is allowed between clearing of an area and stabilizing/building on
an area if grading is allowed to go on during the rainy season. In addition,
straw bales and plastic sheeting shall be stored on-site for emergency control,
if needed. Install filter berms, check dams, retention basins, silt fences and
straw bale dikes as needed on the project site, to protect down stream water
quality during winter months.
17. UTILITIES. The developer shall install all utility services, including telephone,
electric power and all other communications lines underground, as required
by Town Code §27.50.015(b). Cable television capability shall be provided to
all new lots.
18. RESTORATION OF PUBLIC IMPROVEMENTS. The developer shall repair or
replace all existing improvements not designated for removal that are
damaged or removed because of developer'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. 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. Developer shall request a walk-through
with the Engineering Construction Inspector before the start of construction
to verify existing conditions.
19. DRIVEWAY APPROACH. The developer shall install one (1) Town standard
driveway approach at the end of the cul-de-sac, leading to the private street.
The new driveway approach shall be constructed per Town Standard Detail.
20. AS-BUILT PLANS. After completion of the construction of all work in the public
right-of-way or public easements, the original plans shall have all changes
(change orders and field changes) clearly marked. The "as-built" plans shall
again be signed and "wet-stamped" by the civil engineer who prepared the
plans, attesting to the changes. The original "as-built" plans shall be review and
approved the Engineering Construction Inspector. A Mylar of the approved
"as-built" plans shall be provided to the Town before the Faithful Performance
Security is released.
21. SANITARY SEWER LATERAL. Sanitary sewer laterals are televised by West
Valley Sanitation District and approved by the Town of Los Gatos before they
are used or reused. Install a sanitary sewer lateral clean-out at the property
line.
TO THE SATISFACTION OF THE FIRE DEPARTMENT:
The following conditions are required at the time of Architecture and Site approval:
22. WATER SUPPLY. Applicant shall provide a water tank of 10,000 gallons capacity
and one wharf fire hydrant. Installations shall conform with Fire Department
Standard Details and Specifications W-1.
23. REQUIRED FIRE FLOW. Applicant shall provide required fire flow from fire
hydrants spaced at a maximum of 500 feet or provide an approved fire sprinkler
system throughout all portions of the building. The fire sprinkler system shall
conform to National Fire Protection Association Standard #130 1994 Edition and
local ordinance requirements.
24. FIRE APPARATUS (ENGINE) ACCESS DRIVEWAY AND TURNAROUND. Applicant shall
provide an access driveway with a paved all weather surface and a minimum
unobstructed width of 12 feet, vertical clearance of 13 feet six inches, minimum
circulating turning radius of 36 feet outside and 23 feet inside, and a maximum
slope of 15 percent. Installations shall conform with Fire Department Standard
Details and Specifications 0-1
EXHIBIT 5
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LAWYERS
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Advance Copy via Email
July 5, 2023
Peggi M. Oal.nigliliii
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Chair Jeffrey Barnett and Members of the Los Gatos Planning Commission
Town of Los Gatos
1 '1 0 E. Main Street
Los Gatos, CA 95030
(:t-ilV Htnilihtm
Re: Modification of Subdivision Conditions of Approval
200 Happy Acres Road; City File No. M-21-006
July 26, 2023 Planning Commission Hearing
Dear Chairperson Barnett and Members of the Commission:
This office represents Mr. and Mrs. Toofan, the owners of 200
Happy Acres Road. They have applied to modify certain conditions
imposed on the 2001 subdivision map that created their parcel, because
it was discovered more recently that the location of a cul-de-sac
approved in that map would interfere with a drainage channel and
therefore needs to be relocated We have worked cooperatively with
City staff to modify the necessary map conditions and believe that staff
supports granting the application.
The Toofans' parcel is vacant. The application before you does
not permit the Toofans to build a house. Rather, it only changes the
location of the cul-de-sac that will eventually serve a house. Once the
City has approved the new location for the cul-de-sac, the Toofans can
pursue a house on their parcel by submitting an architectural/site
development application, which will be the subject of its own conditions
of approval.
I am writing to object to Condition No. 5 to the map modification,
which is a condition being required by the County Fire Department, not
by Town planning staff. Condition No. 5 as required by the Fire
Department states:
5. At time of architectural/site development application,
compliance with the State Fire Safe Regulations (14
California Code of Regulations §1270), in effect at time of
848 Tlie Alameda
I San Jose, CA 95126
I ph. 408.293.4300
l J www.inatteoiu.com
EXHIBIT 6
Chairperson Barnett
and Members of the Los Gatos Planning Commission
July 5, 2023
Page 2
application, shall be clearly demonstrated. Any request for exception shall
be processed prior to approval of the site development application.
As I know you are aware, for the last two years, property owners in much of Santa
Clara County who have applied to build homes have been subjected to the attempted
imposition of conditions of approval by CalFire through the Santa Clara County Fire
Department requiring those owners to make extraordinarily expensive off-site
improvements to public roads to widen them to State Fire Safe Regulation standards.
Santa Clara County and the City of Saratoga have implemented procedures to waive
those conditions where imposing them would be unconstitutional, and neither jurisdiction
has found a single instance where the CalFire requirements did not need to be waived to
comply with the Constitution Los Gatos has not yet adopted a similar procedure, but in
the only instance where a Los Gatos owner trying to build a home had the Fire
Department attempt to impose these conditions, you struck those conditions from the
approval (November 21, 2022 PC hearing forA&S Application S-21-021, 17121 Crescent
Drive, Eric and Lee Ann Wade).
As stated above, the application before you is not seeking to build a house, just
relocate a cul-de-sac. The problem with Condition No. 5 as required by the Fire
Department is that it commits the Toofans to agree to whatever conditions the Fire
Department imposes on the application the Toofans submit for their house, even though
we do not even know what those conditions will be or whether they will be constitutional.
That is the effect of the language "compliance with the State Fire Safe Regulations...shall
be clearly demonstrated."
The Toofans cannot, and should not, be required in this map modification
application moving the cul-de-sac to agree to unknown conditions that will be imposed on
a future home-building application even if those conditions are unconstitutional. The
solution is simple: modify the version of Condition No. 5 insisted upon by the Fire
Department in this way:
5. At time of architectural/site development application, compliance with
the State Fire Safe Regulations (14 California Code of
Regulations §1270), in effect at time of application, shall be clearly
demonstrated, to the extent an appeal and/or a waiver of those
Requlations has not been upheld and/or qranted by the City of Los Gatos.
Any request for exception shall be processed prior to approval of the site
development application.
Chairperson Barnett
and Members of the Los Gatos Planning Commission
July 5, 2023
Page 3
This modified version includes all of the language insisted upon by the Fire
Department, and simply adds a clause recognizing the Toofans' rights to challenge any
future conditions of approval the Fire Department attempts to impose on the Toofans'
home-building application that the Toofans believe violate their legal rights. The Toofans
proposed this modified language to staff in mid-May, and while we believe that Town staff
has no objection to it, in staffs dialogue with the Fire Department, the Fire Department
would not agree to it. As a consequence, it is necessary for the Toofans to seek relief
from the draft condition by making this objection to the Planning Commission.
The Toofans respectfully request that the Planning Commission approve their
application to modify the subdivision map, substituting the modified version of Condition
No. 5 for the version dictated by the Fire Department. We look forward to the hearing on
the map application, and to answering any questions you may have at the hearing.
Very truly yours,
BARTON G. HECHTMAN
BGH:jlc
cc: Mr. and Mrs. Toofan
Jocelyn Shoopman
Gabrielle Whelan
Slmoh-us01-fs01DataSClientsSToofan ScorrespondencelLos Gatos PC Itr 7.5.23.docx
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EXHIBIT 7
LANDS OF TOOFAN
PEOPLES ASSOCIATES
S T R U C T U R A L E N G I N E E R S
San Jose, California
408-957-9220
Pleasanton, California
www.pase.comC1TITLE SHEET PLANS FORTHE IMPROVEMENT OF HAPPY ACRES PRIVATE COMMON DRIVEWAYSHEET INDEXSHEET NO. DESCRIPTIONC1TITLE SHEETC3C2SITE PLANOWNERS: MR. TOOFANPROPERTY ADDRESS: 200 HAPPY ACRES ROADEXISTING ZONING: R-1-20NET ACREAGE: 2.72 Ac.200 HAPPY ACRES ROADLOS GATOS, CALOS GATOS, CAPROPOSED USE: SINGLE FAMILY RESIDENCESTORM: EXISTING NATURAL DRAINAGE PATTERNS, CULVERS & SWALESSANITARY: WEST VALLEY SANITATION DISTRICTEXISTING IN HAPPY ACRES ROAD & ON-SITEWATER: SAN JOSE WATER CO.GAS:ELECTRIC: P.G.&E.TELEPHONE: AT&TCABLE TV: COMCASTA.P.N.537-24-030EXISTING IN HAPPY ACRES ROAD & ON-SITEEXISTING IN HAPPY ACRES ROAD & ON-SITEEXISTING IN HAPPY ACRES ROAD & ON-SITEGENERAL NOTESEXISTING IN HAPPY ACRES ROAD & ON-SITESITE MAPABBREVIATIONSA.D.= Area DrainAC. or A.C. = Asphalt ConcreteB.S.L. = Building Setback LineB.W.= Bottom of WallC.B.= Catch BasinC.O.= Clean OutCL= CenterlineConc.= ConcreteD/W= DrivewayE.P.= Edge of PavementEx. or Exist. = ExistingF.F.= Finish FloorF.H.= Fire HydrantF.L.= Flow LineFnd.= FoundIP.= Iron PipeL.F.= Linear FeetL.L.= Leach LineMax.= MaximumMin.= MinimumMon.= MonumentN.T.S. = Not To ScaleNAT.= NaturalP.W.L.E. = Private Water Line EasementPav.= PavementPL or Prop. = Property LineR/W= Right-of-WayRet.= RetainingT.W.= Top of WallW= WaterW.M.= Water MeterS.T.= Septic TankDiv. V. = Diversion ValveALL GRADING SHALL BE IN ACCORDANCEWITH "GEOTECHNICAL REPORT" PREPAREDBY GEOFORENSICS, INC. DATED MARCH 2021GRADING NOTE:T.L.= Tight LineTyp.= TypicalBENCHMARKTOP OF IRON BARELEVATION: 566.57TOWN OF LOS GATOS DATUM2.72 Ac. NETLANDS OF TOOFANP.G.&E.EXISTING IN HAPPY ACRES ROAD & ON-SITEPLAN & PROFILE - NEW COMMON DRIVEWAYSITE IS OF RECORD: PARCEL 2PARCEL MAPALL NEW UTILITIES SHALL BE UNDERGROUNDUTILITIES NOTE:BOOK 742 OF MAPS PAGES 7-8GENERAL NOTES1. TOPOGRAPHY OBTAIN OCTOBER, 2019 AND JUNE 2021.2. ADDITIONAL TOPOGRAPHY PROVIDED BY OWNER.3. THIS TOPOGRAPHIC MAP REPRESENTS SURFACE FEATURES ONLY.4. CONTOUR INTERVAL IS 2-FEET WITH SPOT ELEVATIONS.5. BENCHMARK IS TOWN OF LOS GATOS DATUM.6. PROPERTY LINES SHOWN ARE RECORD DATA.7. ALL GRADING SHALL BE IN ACCORDANCE WITH THE GEOTECHNICALREPORT PREPARED FOR THIS SITE, SEE GRADING NOTE.8. THE COMMON PRIVATE DRIVEWAY SHALL BE 20' WIDE MIN.9. MAINTAIN NATURAL DRAINAGE PATTERN AND EXISTING SHEET-FLOWINTO EXISTING SWALES AND CULVERTS.(408) 910-1528TYPICAL CROSS -SECTIONTYPICAL CROSS -SECTIONNEW PRIVATE COMMON DRIVEWAYEX. DRIVEWAY WIDENINGSPECIAL NOTE1. TRIM AND CUT BRANCHES ANDVEGETATION TO OBTAIN 15-FEETMIN. VERTICAL CLEARANCE.HAPPY ACRES ROAD(PRIVATE COMMON DRIVEWAY)LOCATION MAPVICINITY MAPSITESITEE.V.A.E. = Emergency Vehicle Access EasementEXHIBIT 8
HAPPY ACRES ROADHAPPY ACRES ROADLEGENDALSO E.V.A.E.E.V.A.E.LANDS OF TOOFAN
PEOPLES ASSOCIATES
S T R U C T U R A L E N G I N E E R S
San Jose, California
408-957-9220
Pleasanton, California
www.pase.comC2SITE PLANALL NEW UTILITIES SHALL BE UNDERGROUNDUTILITIES NOTE:DUST CONTROL NOTES:WARNINGTREE NOTES:PLAN VIEWPARCEL 2LANDS OF TOOFANP.M. 742 MAPS 7-82.72 Ac. NETIMPERVIOUS AREA2,122TOTAL6,920LOCATIONNEWS.F.WIDENING EX. DRIVEWAYNEW FIRETRUCK TURNAROUND1,2353,563NEW DRIVEWAYGRADING NOTES:HAPPY ACRES ROAD(PUBLIC STREET)50' WIDE RIGHT-OF-WAYLIMIT OF WORK
EXISTING DRIVEWAY--2,720EXISTINGS.F.--2,720NEW IMPERVIOUS AREA: 4,200 S.F.#75#74#72#68#65#63#62#59E.V.A.E.= Emergency Vehicle Access Easement
AABBCCDDEELANDS OF TOOFAN
PEOPLES ASSOCIATES
S T R U C T U R A L E N G I N E E R S
San Jose, California
408-957-9220
Pleasanton, California
www.pase.comC3PLAN & PROFILE PLAN VIEWNEW COMMON DRIVEWAY COMMON PRIVATE DRIVEWAY (DIRT)GRADING QUANTITIESLOCATIONCUTFILL101(In Cubic Yards)(In Cubic Yards)TOTAL101389599ADDITIONAL FILL TO BE OBTAINED FROM BASEMENT EXCAVATION, SITEGRADING OR IMPORTBASEROCK & ASPHALT-210NOTES1.ALL NEW CUT OR FILL SLOPES SHALL HAVE A MINIMUM 2:1 SLOPE OFFLATTER.2.ALL RETAINING WALLS SHALL BE INTERLOCKING BLOCK WALL IN EARTHTONE.3.FOR SLOPE STABILITY ANALYSIS, SEE REPORT PREPARED BYGEOFORENSICS, INC. DATED AUGUST 29, 2022.4.ALL FILL MATERIALS MUST BE APPROVED BY GEOTECHNICAL ENGINEERPRIOR TO INSTALLATION.E.V.A.E.E.V.A.E.= Emergency Vehicle Access Easement
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