10 Staff Report - 119 Isabelle Court1'0
DATE:
COUNCIL AGENDA REPORT
September 8,2005
MEETING DATE:9119105
lTEMNO.
TO:
FROM:
SUBJECT:
MAYOR AND TOWN COUNCa
DEBRA J.FIGONE,TOWN MANAG~E-R-+-i'FgS~~
CONSIDER AN APPEAL OF A PLANNING COMMISSION DECISION
APPROVING THE CONSTRUCTION OF A NEW SINGLE FAMILY
RESIDENCE WITH A DETACHED STRUCTURE OVER 450 SQUARE
FEET IN AN AREA WITH A REDUCED SETBACK ON PROPERTY
ZONED R-l:lO.APN 532-13-069 ARCHITECTURE AND SITE
APPLICATION S-05-072 PROPERTY LOCATION:119 ISABELLE
COURT PROPERTY OWNER/APPLICANT:MR.KOUPAL &MS.
ABRAMS APPELLANT:RAY DAVIS
RECOMMENDATION:
1.Open and bold the public bearing.
2.Close the public hearing.
3.Uphold the Planning Commission's decision to approve Architecture and Site Application 5-05-
072 and deny tbe appeal.
4.Refer to the Town Attorney for the preparation of the appropriate resolution.
If the Town Council determines that the Planning Commissitm's decision should be reversed or
modified:
1.The Council needs to find one or more of the following:
(1)where there was error or abuse of discretion on the part of the Planning Commission;or
(2)the new infonnation that was submitted to the Council during the appeal process that was
not readily and reasonably available for submission to the Commission;or
(3)an issue or policy over which the Commission did not have discretion to
modify or address,but which is vested in the Council for modification or decision.
PREPARED BY:
(Continued to Page 2)
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DIRECTOR OF COMMUNITY DEVELOPMENT
Reviewed by:~Assistant Town Manager =-::t2l£Town Attorney __Clerk Finance
-¥--Corrununity Development Revised:9/8/05 3:18 pm
Refol1llatted:5130102
Page 2
MAYOR AND TOWN COUNca
SUBJECT:APPEAL 119 ISABELLE COURT
September 19,2005
2.If the predominant reason for modifying or reversing the decision of the Planning Commission
is new infonnation as defined in Subsection (2)above,it is the Town's policy that the application
be returned to the Commission for review in light of the new information unless the new
information has a minimal effect on the application.
3.Refer to the Town Attorney for preparation of the appropriate resolution.
PROJECT SUMMARY:
The applicant is requesting approval to construct a 4,676 square foot two-story single family
residence and basement with a 672 square foot detached two-car garage on a 28,314 square foot lot.
As permitted by Town Code,the applicant is requesting to reduce the side yard setback of the
detached garage from five feet to three feet.Given the average slope of the lot (17%),the allowable
FAR for the house is .22 (4,734 square feet)and the proposed FAR is .21 (4,676 square feet).The
allowable FAR for the garage is .06 (1,291 square feet)and the proposed FAR is .03 (672 square
feet).The maximum height of the house will be 24 feet and the maximum height of the garage will
be 13 feet.
The current owners of the property worked diligently with Town staff in designing plans to meet past
concerns and comments from neighbors prior to subrnitting their application to the Town.The
applicant continued to be proactive during the planning process to meet with their neighbors.obtain
their input and respond to their concerns.According to the owner,minor issues were raised by so'me
neighbors and the plans were revised to address these concerns.Subsequent to installing the story
poles,the applicant walked the site with an adjacent neighbor to ensure there were no issues.Due
to a potential concern from the neighbor.the applicant prepared an alternative garage and driveway
plan immediately before the Planning Commission hearing on this matter.
PLANNlNG COMMISSION:
The Planning Commission considered this matter on August 10,2005 and approved the application
subject to conditions which included a condition that the applicant redesign the garage and driveway
so that the garage doors face the southerly direction to meet a neighbor's concern.
APPEAL
An appeal of the Planning Commission's decision was received on August 22,2005 (Attachment
1).The basis for the appeal is summarized as follows.A response from staff follows each comment
made by the appellant.
•The architecture is inconsistent and not in harmony with the Hillside Standards,Hillside Specific
Plan and General Plan.The subject site is located outside of the area regulated by the Hillside
Development Standards and Guidelines and is therefore not subject to these regulations.The
appellant did not identify how the project was inconsistent with the General Plan or Hillside
Specific Plan.
Page 3
MAYOR AND TOWN COUNCll.
SUBJECT:APPEAL 119 ISABELLE COURT
September 19,2005
•The three story structure does not conform to the neighborhood.As can be seen in the elevations
(Sheets 5 and 6 of Exhibit H of Attachment 6),the house is three stories near the center of the
house due to a basement,the rest of the house is two stories.The neighborhood is composed of
an eclectic blend of house styles ranging from flat-top modem to a general ranch style.Most of
the homes are two story with a story over a garage which is elevated substantially above the
street leveL There is one house to the southwest of the subject property on Pinta Court that has
a three story elevation.Staff and the Town's Consulting Architect found that the proposed
design is appropriate and compatible with the neighborhood.None of the neighbors expressed
concern with the proposed architecture as they did with the previous developer.
•The three story structure is unla»iful on the "Los Gatos mountainside".As stated above,the
subject site is not subject to the Hillside Development Standards and Guidelines,nor is the site
zoned Hillside Residential.The maximum height permitted is 30 feet and the proposed house
has a maximum height of 24 feet.Three story structures are not prohibited in this neighborhood.
The appellant refused to pay for the verbatim transcript of the Planning Commission meeting as
required by the adopted fee schedule.Consequently,action only meeting minutes have been
provided to Council (Attachment 4).The appellant was informed in writing that if Town Council
does not have the verbatim transcript,the evidence to make a finding to overturn the Planning
Commission's decision will not be available and Council may deny the appeal on that basis
(Attachment 5).
ENVIRONMENTAL ASSESSMENT:
As required by Section 15303 of the State Environmental Guidelines as adopted by the Town iliat
this project is Categorically Exempt.
FISCAL IMPACT:None
Attachments:
1.Appeal fllOO on August 22.2005.
2.ReqnirOO findings.
3.Conditions of approval.
4.Action minutes from the Planning Commission meeting of August 10,2005.
5.Letter dated August 26,2005 to Ray Davis from Bud Lortz,Community Development Director
(including anachments).
6.Report to the Planning Commission from the Development Review Committee dated May 16,
2005 for the meeting of May 25.2005.
7.Desk item report to the Planning Commission dated May 25,2005 for the meeting of May 25,
2005 (Exhibit J deleted and incorporated as Attachment 2 of this report).
Distribution:
Cecil Konpal and Sharlene Abrams,15730 Linda A venue.Los Gatos.CA 95030
Ray Davis.PO Box 625,Los Gatos,CA 95031
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family or Tentative Map Appelll-_'l!",,,'R,,K,,O,,,,,,,·.,,,,,,,n"·'\!!"2;.'iC!'T-I
APPEAL OF PLANNliNG CO ~L1lEtlif8KlN",,"n.CLERK DEPARTMENT
I,the undersigned,do hereby appeal a decision of the Planning ommis on as follows:(PLEASE TYPE O~PIUNT NEATLY)
DATE OF PLANNING COMMISSION DECISION:_-'«Fl!,"'t'<....f·""-""S~_
PROJECT I APPLICATION NO:
ADDRESS LOCATION:
.Pursuant to the Town Code,the Town Council may only grant an appeal ofa PlaMing Commission decision in most matters if the
Councillinds that one ofthree (3)reasons exist for granting the appeal by II vote of at lea&t three (3)Councihnembers.Therefore,
please specify bpw one of those reasons exist in the appeal:I
1.The lHanni g or abused its discretion because,-.:"¥,,,I.c..yg.LL";I~T't:¥!1.JLa...L"-,,~-~--::.J
,>-=-i~"-='>.T:7T-+'¥'-~"'-'4
2.
3.
_______________________(please attach the new information ifpossible):OR
The Planning Commission did not baVe discretion to modify pr address the following policy or issue that is vested in the Town
COuncil:.--,-_,
IF MORE SPACE IS NEEDED,PLEASE ATIACH ADDITIONAL SHEETS...
PRINT NAME:
0.
kG
SIGNATURE:~_;J..;fJ~~~!q1~L-___,_c::...:...-
ADDRESS:
Appellant is responsible for fees for transcription of minutes.
Appeal must be filed within ten (10)calendar days ofPlanning Commission Decision accompanied by the required filing fee.
Deadline is 5:00 p.rn.on the lOll>day following the decision.If the 10lh day is a Saturday,Sunday.,or Town holiday,then it
may be filed on the workday immediately following the 101'day,usually a Monday,
The Town Clerk will set the hearing withing 56 days of the date of the Planning Commission Decision (TOy.'Il Ordinance No.
1967).
An appeal regarding a Change of Zone application or a subdivision map ~nly must be filed within the time limit specified in
the Zoning or Subdivision Code,as applicable,which is different from other appeals.
Once filed,the appeal will be heard by th,e Town Council.
If the reason for granting an appeal is the receipt of new information,the application will usuall be returned to the Planning
Commission for reconsi tion.
U \
DATE:
5.
6'.
4.
3.
IMPORTANT:
1.
2.
***OFFICIAL USE ONLY'"
DATE OF PUBLIC HEARING:'1/11105'?CONFlRMATION LEITER SENT:0.1<:._
Pending Planning Department Confrrmation ,TO APPUCANT &APPELLANT BY:,/
DATE TO SEND'PUBLICATION:813J!OS DATE OFPUBLICATION:V71JJS
N:\DEV\FORMS\Planning\Plannina Commissioo Appeal.wpd -July 1,2005
Attachment 1
REQUIRED FINDINGS AND CONSIDERATIONS FOR
119 Isabelle Court
Architecture and Site Application 8-05-072
Requesting app~oval to construct a Dew single family residence with a detached structure
over 450 square feet in area with a reduced setback on property zoned R-l:10.APN 532-
13-069
PROPERTY OWNER/APPLICANT:Mr.Koupal &Ms.Abrams
FINDINGS
The project is Categorically Exempt p~uant to Section 15303 oftbe State Environmental
G~delines as adopted by the Town.
CONSIDERATIONS
•As required by Section 29.20.150 ofthe Town Code for Architecture and Site
applications:
"The deciding body shall consider all relevant matter including,but not limited to,the
following:
(1)Considerations relating to traffic safety and traffic congestion.The effect ofthe site
aevelopment plan on traffic conditions on abutting streets;the layout ofthe site with
respect to locations and dimensions of vehicular and pedestrian entrances,exits,
drives,and w~ays;the adequacy of off-street parking facilities to prevent traffic·
congestion;the location,arrangement,and dimension oftruck loading andlUlloading
facilities;the circulation pattern within the boundaries of the development,and the
surfacing,lighting and handicapped accessibility of off-street parking facilities.
A.Any project or development that will add traffic to roadways and critical
intersections shall be analyzed,and a determination made on the following
matters:
1.The ability of critical roadways and major intersections to
accommodate existing traffic;
2,Increased traffic estimated for approved developments not yet
.occupied;and
Attachment 2
3;Regional traffic growth and traffic anticipated for the proposed.
project one (1)year after occupancy.
B.The deciding body shall review the.application for traffic
roadway/intersection capacity and make one (1)of the following
determinations:
1.The proj ecl will not impact any roadways and/or intersections causing
the roadways and/or intersections to exceed their available capacities.
2.The project will impact a roadway(s)and/or intersection(s)causing
the roadway(s)and/or intersection(s)to exceed their available
capacities.'
Any project receiving Town determination subsection (l)b.l.may
proceed.Any project receiving Town determination subsection
(l)b.2.must be modified or deuied if the deciding body determines
that the impact is Wlacceptable.In determining the acceptability of a
traffic impact,the deciding body shall consider "if the project's
benefit~to the commlJ?ity override the traffic impacts;as determined
by specific sections from the general plan and any applicable specific
plan.
(2)Considerations relating to outdoor advertising.The number,location,color,size,
height,lighting and landscaping of outdoor advertising signs and structures in
.relation to the creation o(traffic hazards and the appearance and hannony with .'
adjacent development.Specialized lighting and sign systems may be used to
distinguish special areas or neighborhoods such as the downtown area and Los Gatos
Boulevard.
(3)Considerations relating to landscaping.The location,height,and materials ofwalls,
fences,hedges and screen plantings to insure hannonywith adjacent development or
to conceal storage areas,utility installations,parking lots or unsightly development;
the planting of ground cover Qr other surfacing to prevent dust and erosion;and the
unnecessary destruction ofexisting healthy trees.Emphasize the use ofplanter boxes
with seasonal flowers to add color and atmosphere to the central business distrie;t.
Trees and plants shall be approved by the Director of Parks,Forestry and
Maintenance Services for the purpose ofmeeting special criteria,including climatic
conditions,maintenance,year-round versus seasonal color change (blossom,summer
foliage,autumn color),special branching effects and other considerations..
(4)Considerations relating to site layout.The orientation and location ofbuildings and
open spaces in relation to the physical characteristics of the'site and the character of
the neighborhood;and the appearance and harmony of the buildings with adjacent
development.
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(5)
(6)
(7)
Buildings should strengtheu the form and image of the ueighborhood (e.g.
downtown,Los Gatos Boulevard,etc.).Buildings should maximize preservation of
solar access.In the downtown,mid-block pedestrian arcades linking Santa Cruz
Avenue with existing and new·parking facilities shall be encouraged~and shall
include such crime prevention elements as good sight lines and lighting .systems.
Considerations relating to drainage.The effect ofthe site developmen,t pla;n on the
adequacy of storm and surface water drainage.
Considerations relating to the exterior architectural design of buildings and
structures.The effect ofthe height.width,shape and exterior construction and design
ofbuildings and structures as such factors relate to the existing and future character
o(the ueighborhood
and purposes of the zone in which they are situated,and the purposes of architecture
and site approval.Consistency and compatibility shall_be encouraged in sca,le,
massing,materials,color,texture,reflectivity,openings and other details.
Considerations relating to lighting and s.treet furniture.Streets,walkways,and
building lighting should be designed so as to strengthen and reinforce the image of
the Town.Street furniture and equipment,such as lamp standards,traffic signals,fire
hydrants,street signs,telephones,mail boxes,refuse receptacles,bus shelters,
~g fountains,planters,kiosks,flag poles and other.elements 'of the street
environment should be designated and selected so ~to strengthen and reinforce the
Town image..
(8)Considerations relating to access for physically disabled persons.The adequacy of
the site development plan for providing accessibility and adaptability for physically
disabled persons.Any improvements to a nonresidential building where the total
valuation of alterations,.s~ctural repairs or additions exceeds a threshold value
established by resolution of the Town Council,shall require the building to be
modified to meet the accessibility requirements of title 24 of the California
Administrative Code adaptability and accessibility.In:aq.dition to retail,personal
services and health care services are not allowable uses on nonaccessible floors in
new nonresidential buildings.Any change of use to retail,health care,or personal
service on a nonaccessible floor in a nonresidential building shall require that floor
to be accessible to physically disabled persons pursuant to the accessibility
requirements of title 24 of the California Administrative Code and shall not qualify
the building for unreasonable hardship exemption from meeting any of those
requirements.This provision does not effect lawful uses in existence prior to the
enactment of this chapter.All neVf residential developments shall comply with the
Town's adaptability and accessibility requirements for physically disabled persons
established by resolution.
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(9)Considerations relating to the location ofa hazardous waste management facility,
A hazardous waste facility shall not be located closer than five hundred (500)feet to
any residentially zoned or used property or any property then being used as a public
or private school primarily educating persons under the age of eighteen (18).An
application for such a facility will require an environmental impact report,which may
be focused through the initial study process.
N:\DEV\FINDINGS\119isabelle.wpd
CONDITIONS OF APPROVAL
119 Isabelle Court
Architecture and Site Application 8-05-072
Requesting approval to construct a new single family residence with a detached structure over
450 square feet in area with a reduced setback on property zoned R-l:10.APN 532-13-069
PROPERTY OWNER/APPLICANT:Mr.Koupal &Ms.Abrams
TO THE SATISFACTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT:
(plamring Division)
1.APPROVAL:Tills application shall be completed in accordance with all of the conditions
of approval listed below and in substantial compliance with the plans approved and noted
as ExhibitH,in the report to the Planning Commission and as revised pursuant to Condition
#11.Any changes or modifications made to the approved plans shall be approved by the
Director of Community Development,Development Review Committee or the Planning
Commission,depending on the scope of the change(s).
2.EXPIRATION:Zoning 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.COMPLlANCEMEMORANDUM.The applicantsball prepare and submit a memorandum
with the building permit,detailing how each of these Conditions of Approval have or will
be addressed.
4.GENERAL.All existing trees shown to remain on the plan and newly planted trees are
specific subjects of approval ofthis plan and must remain on site.The nine inch Cedar (tree
#7)and the row ofAcacia's on the northwest side ofthe lot shown to remain on the plan (tree
#'s Iltbru 13 (multi-trunk)14,15and 16(multi-trunk),maybe removed.
5.TREE REMOVAL PERMIT.A Tree Removal Pennit shall be obtained prior to the issuance
of a Building,Grading or Encroachment Permit.
6.NEW TREES.The new trees to be planted shall be double-staked,using rubber tree ties and
shall be planted prior to occupancy.
7.FINAL TREE PLANTINGILANDSCAPE PLAN.The developer shall submit a final tree
planting/landscaping plan,to include the perimeter screening,which shall be reviewed by the
Town's Consulting Arborist prior to issuance of a building permit.The existing trees shall
be incorporated on the site plan of the building permit plans.The final plans shall
incorporate comments 3,8,9 and 11 from the arborist report prepared by David Babby,dated
July 5,2005 and any additional comments raised during the review of the final plans.The
final plan shall also note the minimum 15 foot distance from tree#30 to the house.The
approved tree/landscape plan shall be included with the building permit plans.
8.PROTECTIVE FENCING.Prior to any construction or building permits being issued,the
applicant shall install the required protective fencing.
9.WINDOWS.The windows shall be nonreflective.
10.ROOF MATERIAL.The applicant shall work with staff in considering an alternative
roofing material that is compatible with the neighborhood.
Page 1 of 7 Attachment 3
11.GARAGE ORJENTATION.The applicant shall redesign the garage and driveway so that
the garage doors face the southerly direction.The retaining wall and width oithe driveway
adjacent to the garage shall be minimized.The final design is subject to review and approval
of the Director of Community Development.
(Building Division)
12.PERMITS REQUIRED:A building permit shall be required for the construction of the new
single family residence and detached garage.Separate building permits are required for site
retaining walls,water tanks,and swinuning pools;separate electrical,mechanical,and
plumbing permits shall be required as necessary.
13.CONDITIONS OF APPROVAL:The Conditions of Approval must be blue-lined in full on
the cover sheet of the construction plans.
14.SIZE OF PLANS:Four sets ofconstrnctionplans,maximum size 24"x 36."
15.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.ALTERNATE:Design the foundation for an allowable soils
1,000 psf design pressure.(Uniform Building Code Volume 2 -Section 1805)
16.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,the building pad elevation,on~site retaining wall locations and elevations are
prepared according to approved plans.Horizontal and vertical controls shall be set and
certified by a licensed surveyor or registered civil engineer for the following items:
a.Building pad elevation
b.Finish floor elevation
c.Foundation comer locations
17.RESIDENTIAL TOWN ACCESSIBILITY STANDARDS:The residence shall be designed
with adaptability features for single family residences per Town Resolution 1994-61:
a Wooden 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.
b.All passage doors shall be at least 32 inches wide on the accessible floor.
c.Primary entrance shall have a 36-inch wide door including a 5'x 5'level landing,
no more than I inch out of plane with the immediate interior floor level with an 18-
inch clearance.
d,Door buzzer,bell or chime shall be hard wired at primary entrance.
18.TITLE 24 ENERGY COMPLIANCE:Califoruia Title 24 Energy Compliance forms CF-IR
and :MF-l R must be blue-lined on the plans.
19.TOWN FIREPLACE STANDARDS:New wood boming fireplaces shall be an EPA Phase
n approved appliance as per Town Ordinance 1905.Tree limbs shall be cut within 10-feet
of chimneys.
20.HAZARDOUS FmE ZONE:This project requires a Class A roofing assembly.
21.SPECIAL INSPECTIONS:When a special inspection isrequired by UBC Section 1701,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 pennit.The Town
Page 2 of 7
Special Inspection form must be completely filledwout,signed by all requested parties and
be blue-lined on the construction plans.Special Inspection forms are available from the
Building Division Service Counter or online at www.losgatosca.gov.
22.NONPOINT SOURCE POLLUTION STANDARDS:The Town standard Santa Clara Valley
Nonpoint Source Pollution Control Program shall be part of the plan submittal as the second
page.The specification sheet is available at the Building Division Service COlll1ter for a fee
of $2 or at San Jose Blue Print.
23.APPROVALS REQUIRED: The project requires the following agencies approval before
issuing a building permit:
a.COITUnunity Development:Sandy Baily at 354-6873
b.Engineering Department:Fletcher Parsons at 395-3460
c.Parks &Public Works Department:(408)399-5777
d.Santa Clara County Fire Department:(408)378-4010
e.West Valley Sanitation District:(408)378-2407
f.Local School District:(Contact the Town Building Service Counter for the
appropriate school district and to obtain the school form.)
TO THE SATISFACTION OF THE DIRECTOR OF PARKS AND PUBLIC WORKS:
(Engineering Division)
24.GRADING PERMIT.A grading permit is required for site grading and drainage.The
grading pennit application (with grading plans)shall be made to the Engineering Division
of the Parks &Public Works Department located at-41 Miles Avenue.The grading plans
shall include final grading,drainage,retaining wall location,driveway,utilities and interim
erosion control.Grading plans shall list earthwork quantities and a table of existing and
proposed impervious areas.Unless specifically allowed by the Director ofParks 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).A separate buildingpennit,issued by the
Building Department on E.Main Street is needed for grading within the building footprint.
25.PRECONSTRUCTION MEETING.Prior to issuance of any permit or the commencement
of any site work,the general contractor shall:
a.Along with the project applicant,attend a pre-construction meeting with the Town
Engineer 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 prior to commencing work and that a copy ofthe project conditions
of approval will be posted on site at all times during construction.
26.RETAINING WALLS.A building permit,issued by the Building Department at 110 E.Main
Street,may be required for site retaining walls.Walls are not reviewed or approved by the
Engineering Division of Parks and Public Works during the grading permit plan review
process.The height of the retaining wall at the east elevation shall be reduced to five feet
or less.
27.SOILS REPORT.One copy of the soils and report shall be submitted with the grading
pennit application.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 confonnance with
Page 3 of 7
Section 6735 of the California Business and Professions Code.
28.SOILS REVIEW.Prior to issuance ofanyperrnit,the applicant's soils engineer shall review
the fInal grading and drainage plans to ensure that designs for foundations,retaining walls,
site grading,and site drainage are in accordance with their recommendations and the peer
review comments.The applicant's soils engineer's approval shall then be conveyed to the
Town either by letter or by signing the plans.
29.SOILS ENGINEER CONSTRUCTION OBSERVATION.During construction,all
excavations and grading shall be inspected by the applicant'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 should be documented in an "as-built"letter/report prepared by the
applicants soils engineer and submitted to the Town before [mal release of any occupancy
permit is granted.
30.TRENCHING MORATORIDM.Trenching within a newly paved street will be allowed
subject to the following requirements:
a.The Town standard '1"trench detail shall be used.
b.A Town approved colored controlled density backfill shall be used.
c.The total asphalt thickness shall be a minimum of 3-inches or shall match the
existing thickness,whichever is greater.The final lift shall be 1.5-inches ofhalfinch
medium asphalt.The initiallift(s)shall be of three quarter inch medium asphalt.
d.The Contractor shall schedule a pre-paving meeting with the Town Engineering
Construction Inspector the day the paving is to take place.
e.A slurry seal topping may be required by the construction inspector depending his
assessment ofthe quality ofthe trench paving.Ifrequired,the slurry seal shall extend
the full width of the street and shall extend 5-feet beyond the longitudinal limits of
trenching.Slurry seal materials shall be approved by the Town Engineering
Construction Inspector prior to placement.Black sand may be required in the slurry
mix.All existing striping and pavement markings shall be replaced upon completion
of sJuny seal operations.
f.A separate bond for trench saw cutting and paving may be provided at the time of
building pennit issuance.In the event such a bond is posted,the slurry seal provision
above would be waived.
31.TRAFFIC IMP ACT MITIGATION FEE.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 $5,742.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.
32.TREE REMOVAL.Copies of all necessary tree removal permits shall be provided prior to
issuance of a grading permit.
33.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 alljob
related dirt and debris at the end of the day.Dirt and debris shall not be washed into stOlTIl
Page 4 of 7
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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 perfonning the required maintenance at
the developer's expense.
ENCROACHMENT PERMIT.All work in the public riglit-of-way will require a
Construction EncroaclunentPennit.All work over $5 ,000 will require construction security.
PUBLIC WORKS lNSPECTIONS.The developer or his 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 rejection of work that went on without inspection.
EROSION CONTROL.Interim and final erosinn control plans shall he prepared and
submitted to the Engineering Division of the Parks &Public Works Department.A Notice
of Intent (NO!)and Stonn Water Pollution Prevention Plan (SWPPP)shall be submitted to
the San Francisco Bay Regional Water Quality Control Board for projects disturbing more
than one acre.A maximum of two weeks is allowed between clearing of an area and
stabilizing/building on an area if grading is allowed during the rainy seaSOD.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 benns,check dams,retention basins,etc.Provide
erosion control measures as needed to protect downstream water quality during winter
months.The grading,drainage,erosion control plans and SWPPP shall be in compliance
with applicable measures contained in the amended provisions C.3 and C.14 ofOrder 01-024
oftlie amended Santa Clara County NPDES Pennit.
DUST CONTROL.Blowing dust shall be reduced by timing construction activities sn 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 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 ofblowing dust for the duration
of the project.Watering on public streets shall not occur.Streets will 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 of8 a.m.and 5 p.m.and shall include at least one 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 haIted when wind speeds
(instantaneous gusts)exceed 2S 1v1PH.All trucks hauling soil,sand,or other loose debris
shall be covered.
CONSTRUCTION STREET PARKING.No vehicle having a manufacturer's rated gross
vehicle weight exceeding ten thousand (lO,OOO)pounds shall be allowed to park on the
portion of a street which abuts property in a residential zone without prior approval from the
Town Engineer (§15.40.070).
SITE DRAINAGE.Rainwater leaders shall be discharged to splash blocks.No through curb
drains will be allowed.
Page 5 of 7
40.NONPOINT SOURCE POLLUTION PREVENTION.On-site drainage systems shall
include a filtration device such as a bio-swaIe or permeable pavement.
41.SILT AND MUD IN PUBLIC RIGHT-OF-WAY.It is the responsibility of contractor and
home owner 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.
42.UTllJTlES.The developer shall install all utility services,including telephone,electric
power and all other communications lines underground,as required by Town Code
§27.50.0l5(b).All new utility services shal1 be placed underground.Underground conduit
shall be provided for cable television service.
43.RESTORATION OF PUBLIC IMPROVEMENTS.The developer shal1 repair or replace al1
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.
44.DRNEWAY APPROACH.The developer shaH instal1 one (I)Town standard residential
driveway approach.The new driveway approach shall be constructed per Town Standard
Details.
45.DRIVEWAY FENCE.Provide a 3D-inch fence on the southwesterly side of the driveway.
46.FENCING.Any fencing proposed within200-feet ofan intersection shal1 comply with Town
Code Section §23.10.080.
47.AS-BUILT PLANS.After completion of the construction of all work,the original plans
shall have all changes (change orders and field changes)clearly marked.The "as~buiJtlt 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 Inspector.A Mylar and AutoCAD disk of the approved "as-built"plans shall
be provided to the Town before the Faithful Performance Security or Occupancy Permit is
released.The AutoCAD file shall include only the following information and shall conform
to the layer naming convention:a)Building Outline,Layer:BLDG-OUTLINE;b)Driveway,
Layer:DRIVEWAY;c)Retaining Wall,Layer:RETAlNING WALL;d)Swimming Pool,
Layer:SWIMMING-POOL;e)Tennis Court,Layer:TENNIS-COURT;f)Property Line,
Layer:PROPERTY-LINE;g)Contours,Layer:NEWCONTOUR.Al1 as-built digital files
must be on the same coordinate basis as the Town's survey control network and shall be
submitted in AutoCAD version 2000 or higher.
48.SANITARY SEWER LATERAL.Sanitary sewer laterals are televised by West Valley
Sanitation District and approved by the Town of Las Gatos before they are used or reused.
Install a sanitary sewer lateral 'clean-ollt at the property line.
49 .SANITARY SEWER BACKWATER VALVE.Drainage piping serving fixtures wltichhave
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
type backwater valve.Fixtures above such elevation shall not discharge through the
baclcwatervalve,unless first approved by the Administrative (Sec.6.50.025).The Town shall
Page 6 of 7
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 section
103(e)of the Uniform Plumbing Code adopted by section 6.50.010 of the Town Code and
maintain such device in a ftmctional operating condition.Evidence ofWest Valley Sanitation
District's decision on whether a backwater device is needed shall be provided prior to
issuance of a building pennit.
50.CONSlRUCTIONNOISE.Between the hours of8:00 a.m.to 8:00p.m.,weekdays and 9:00
a.m.to 7:00 p.m.weekends and holidays,construction,alteration orrepair activities shall be
allowed.No individual piece of equipment shall produce a noise level exceeding eighty-five
(85)dBA at twenty-five (25)feet.Ifthe 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.
51.HAULING OF SOIL.Hanling 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.).Prior to the issuance of a building permit,the developer shall work with the Town
Building and EngineeringDepartment Engineering Inspectors to devise a traffic control plan
to ensure safe and efficient traffic flow under periods when soil is hauled on or ffthe project
site.This may include,but is not limited to provisions for the developer/owner to place
construction notification signs noting the dates and time of construction and hauling
activities,or providing additional traffic control.Cover all trucks hauling soil,sand,and
other loose debris or require all trucks to maintain at least two feet of freeboard.
TO THE SATISFACTION OF THE FIRE DEPARTMENT
52.TIMING OF DRNEWAY INSTALLATIONS.Required driveway instaIJations shaIJ be
constructed and accepted by the Fire Department,prior to the start of combustible
construction.Building permit issuance may be withheld until installations are completed.
Temporary driveways may be approved on a case by case basis.
53.PREMISES IDENTIFICATION.Approved numbers or addresses shaIJ be placed on all new
buildings in such a position as to be plainly visible and legible from the street fronting the
property.Numbers shall contrast with their background.
N:\DEV\CONDITNS\2005\119issbelle.ap.l.wpd
Page 7 of 7
Approved by PC on August 24~2005
TOWN OF LOS GATOS
PLANNING COMMISSION MEETING
ACTION MINUTES
TOWN COUNCIL CIIAMBERS
110 E.MAIN STREET
WEDNESDAY,AUGUST 10,2005 --7:15 P.M.
Please refer to compact disk #08-10-05·to hear the entire proceedings of ¢.is mee~ing.
ROLLCALL:
Present:
Absent:
Others:
Michael Burke,Chair;D.Michael Kane,Thomas O'Donnell,Lee Quintana and
Joanne Talesfore
Phil Micciche
Assistant Community Development Director Randy Tsuda,Associate Planner
Sandy Baily,CIvil Engmeer Fletcher Parsons and Town Attorney Orry Korb
VERBAL COMMUNICATION
Ray Davis Commented that the Planning Commission is being replaced by the Development
Review Committee (ORC)in the final decision-making process which is made up
of staff members;no staff reports for DRC projects and no discussion at the
meetings of the individual projects on the agendas.
APPROVAL OF MINUTES
.July 13,2005 -Motion by Chair Burke and seconded by Commissioner O'Donnell to
approve meeting minutes.Passed unanimously 5-0 with Commissioner Micciche absent.
CONSENT CALENDAR-NONE
CONTINUED PUBLIC HEARING -NONE
NEW PUBLIC HEARINGS
ITEM I 119 Isabelle Court
Architecture and Site Application S-05-072
Requesting apprpval to construct a new single family residence with a detached
structure over 450 square feet in area with a reduced setback on property zoned R-
1:10.APN 532-13-069
PROPERTY OWNER/APPLICANT:Mr.Koupa!&Ms.Abrams
Attachment 4
'Planning Commission -August 10,2005
Action Meeting Minutes
Page 3
ADJOURNMENT
Chair Burke adjourned the meeting at approximately 9:00 P.M.
TOWN OF LOS GATOS PLANNING COMMISSION
August 10.2005
Michael Burke,Chaif
APPROVED AS TO FORM AND ATIEST:
Randy Tsuda
Assistant Director of Community .
Development
N:\DEV\ADMINSEC\PCACTIONMIN\2005\PC8-10-05.min.wpd
Bud N.Lortz
Director of Community Development
COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING DIVISION
(408)354-6872 FAX (408)354-7593
TOWN OF Los GATOS
Ray Davis
POBox 625
Los Gatos,CA 95031
_RE:119 Isabelle Court
Architecture and Site Applicatiou S-Q5-072
(
;.".~:",:,";'..':
CMc C!NlllIl
110 E.MAlN StRmr
P.O.Box 949
La>GAro;,CA 95031
Appeal of the decis'ion of the Planning Commission'approving a request to construct .
a new single family residence with.a detached'structure over 4'50 square feet in area
with ar.educed setback on property zoned R-l:10.APN 532-13-069
-PROPERTY OWNERlAPPPCANT:Mr.Koupal-&Ms.Abrams
APPELLANT:Ray Davis
Dear Mr.Davis:-
This letter is to reiterate a discussion you had with a member of my staff on August 25.2005
regl!Iding the appeal you filed for the above referenced project.The appellant is responsible for the
cost of transcribing"minutes (see copy of enclosed apPea1 form).Pursuant to the adopted fee
~edule.amjnjmum depOsit of ~500.00 is required to transcribe minutes (see enclosed ex~t of
fee schedule).Any unused portion of this deposit fee will be refunded.
.In order for the minutes to be transcribed in time fortbe September 19,2005 Town Council hearing,
the minimum fee deposit must be received by this office no later than 5:00 p.m.Wednesday,August
31,2005.If the deposit is not received by this date,the minutes·will not be transcribed and C~)llncil
will only receive the action minut~of the Planning Co:rnrD.ission meeting.If Council does "not have
the.transcribed minutes,the'evidence to make a findlllg to.overtUrn ~the Planning Commission's
decision will not be available and Council may deny ~e appeal on that basis.
If you have any questions,please contact SandyBaily of this department at (408)"354-6873.
Sincerely,
~~
Bud N.Lortz,MCP
Director of Community Development
BNL:SLB
Ene (2)
N:\DEV\SLB\2005\davis.wpd Attachment:5
$272.00 Resident.ial"
$1089.00 per Commercial,Mutt-
family or Tentative Map Appe
t;;:~~&SP~~005.jJ,
APPEAL OF PLANNliNG CO··""'·~I~tIiFJOlitON
CLERK DEPARTMENT
I.the undersigned,do hereby appeal 8 decision of the Planning
DATE OF PLANNING COMMISSION DECISION,
PROJECT I APPLICATION NO'
ADDRESS LOCATION,
ommis on as follows:(PLEASE TYPE OR PRINT NEATLY),
(?5''
Pursuant to the Town Code,the Town Council may only grant an appeal of a Planning Commission decision in most mattcl'$if the
Council finds that one of three (3)reasons exist for granting the appeal by 8 vote of at leas;t three {J~Councilmembers.Therefore,
please specify now one of those reasons exist in the appeal:I
1.or abused its discretion because ~j-C'.!.(o..,tl-aJ.l,J!~c.l,d!.lLil:U~'7---'---::J~f
2.
u
3,
____________---'(please attach.the new information ifpoSsible):OR
The Planning Commission did Dot have discretioD to modify .or address ~e following policy or issue that is vested in the Town
Council:,.-,.-_
)"a
•
SIGNATURE:--2~;p.4!~4rI§J~L-__:__==~-
ADDRESS:
PHONE;
DATE:
PRINT NAME:
5,
6'.
4,
,3,
IF MORE SPACE IS NEEDED,PLEASE ATTACH A'ImtT10NAL SHEETS.
IMPORTANT:',,'~..Appellant is respoQ$ible for fees for transcription of minutes............,..2.Appeal must be filed within ten (10)calendar days afPIanning Commission Decision accompanied by the required filing fee,
Deadline is 5:00 p,m.on the lOth day following the decision.If the lO'h day is a Saturday,Sunday:,or Town holiday,then it
may be filed on the workday immediately foliowing the lO'h day,usually a Monday,.
The Town Clerk will set the hearing withing 56 days of the date of the Planning Conunission Decision (Town Ordinance No.
1967)
An appeal regarding a Change of Zone application or a subdivision map only must be filed within the time limit specified in
the Zoning or Subdivision Code.as applicable,which is different from other appeals,
Once filed,the appeal will be heard by th.e Town Council,
If the reason for granting an appeal is the receipt of new infonnation,the application will usuall
Commission for reconsid tion.
U \
***OFFICIAL USE ONLY'"
DATE OF PUBLIC HEARING:'1(iQ(O:Y ?CONFIRMATION LEllER SElIT:Date:_
Pe.nding Planning Department Confumation TO APPUCANT &APPELLANT BY:,/
DATE TO SEND'PUBLICATIOR 8bJ!oS DATE OF PUBLICA';'ION:917/oS
'N;\DEV\FORMS\Plunnina\Pl.nnina Commission Appcal.wpd -July 1,2005
)
..-....'.."..."........."
I
I
I
'..
Town of Los Gatos
FY 2005/06
Comprehensive Fee Schedule·
...
4.
5.
Advanced Planning projects
North 40 Study Plan surcharge
10%ofapplication
Actual cost on pr.oportionate bat
••*Not charged to the following applications:IH,lJ,IK,3C,3D and 3E
I.
1.
Applications for Work Unlawfully Completed
Consultation
Double current application fee
Actual cost on an hourly basis
K.Appeals
1..Fee to app~al Planning Commissi9D decision
to Town Council $272.00 per residential
$1,089.00per commercial,
multi-family or tentative map
2.Fee to remand applications frOID Town Council to
Planning Commission where DO error was made by
Planning Commission 50%of original appli~tion fee(s)
3.
4.
_......·~5
Fee.to appeal Director of Community Development or
Development Review Committee decision to Planning
Commission $136.00per.residential
$545.00 per commercial
Tree appeals $55.00
Appeal transcription fee of Planning Commission Actual cost
minutes Minirnuru $500.00 deposit
(only applies to appeals from Planuing Commission to Town Council)
Actual Cost
Minimuru $100.00 deposit
L..Research Services Minimum Charge
M.Zoning Research
1.Basic zoning letter
2..Legal non-conforming verification
3.Reconstruction of legal non-conforming structures
(Burndown Letter)
$156.00
$364.00
$156.00
6.P.avment of Application"Fees
All application fees are to be paid at the time the applications are submitted to the
Community Development Department.If the applicant withdraws an application,which
requires a hearing by the Planning Commission,prior to processing the application for the
hearing,40%ofthe'paid application fee shall be refunded to the applicant at the discre40n of
the Director of Community Development.All other fees are non~refundable.
14
REPORT TO:
FROM:
LOCATION:
Date:_-:--:-::-__A=u,,-gu",s"'t,,4~,2"'0",0",,5
For Agenda Of:_~A""ugu"",s,,-t-"10""",20",0",,,5
Agenda Item:1'--_
The Planning Commission
The Development Review Committee
119 Isabelle Court
Architecture and Site Application 8-05-072
Requesting approval to construct a new single family residence with a
detached stlUcttlre over 450 square feet in area with a reduced setback
on property zoned R-l:l0,APN 532-13-069
PROPERTY OWNERJAPPUCANT:Mr,Koupal &Ms,Abrams
DEEMED COMPLETE:July IS,2005
FINAL DATE TO TAKE ACTION:Jauuary IS,2006
-,
FINDlNGS:As required by Section 15303 of the State Environmental Guidelines
as adopted by the Town that this project is Categorically Exempt.
CONSIDERATIONS:As required by Section 29,20.150 of tbe Town Codefor Architecture
and Site applications.
ACTION:The decision of the Planning Commission is final unless appealed
within ten days.
EXHIBITS:A.Resolution 2001-18.
B.Data Sheet.
C.Letter of Justification (two-pages)received June 7,2005.
D.Consulting Architect report (2 pages)received June 16,2005.
E,Consulting Arbonst Report,(three pages)dated July 5,2005,
F.Required Findings and Considerations.
G.Recommended Conditions of Approval.
H,Development Plaus (9 sheets)received July 15,2005,
I,Revised Sheet #7 of Development plan,dated July IS,2005,
A.BACKGROUND:
On February 20,2001,Town Council adopted Resolution 2001-18 approving a three lot
subdivision at 130 Nina Court (Exhibit A).The subdivision map was recorded for the three lots,
public improvements were completed and accepted and the new street is called Isabelle Court.
Due to neighborhood concerns,a condition of approval of the subdivision required that the
Architecture and Site applications for the three lots be approved by the Planning Commission.
The developer of the subdivision filed Architecture and Site applications for the three lots which
the Commission considered in 2002.Due to neighborhood issues,the developer withdrew the
The Planning Commission -Page 2
119 IsabelIe CourtlS-05-072
August 10,2005
applications and the lots are being sold individually.Two of the lots have been sold and the
comer lot has received Commission approval of a single family home which is currently under
construction.
Based on past history,the current owners of the subject lot worked with Town staff in designing
plans to meet past concerns,prior to submitting their application to the Town.The applicant
continued to be proactive during the planning process to meet with their neighbors and obtain
their input.According to the owner,minor issues were raised by some neighbors and the plans
were revised to address these concerns.
B.REMARKS:
1.Architecture and Site
The applicant is requesting approval to construct a 4,676 square foot two-story single family
residence and basement with a 672 square foot detached two-car garage on a 28,314 square
foot lot.As permitted by Town Code,the applicant is requesting to reduce the side yard
setback of the detached garage from five feet to three feet.This reduction allows the
driveway to be designed with shorter retaining walls.
Subsequent to submitting the final plans and installing the story poles,the applicant decided
to reduce the garage size which will increase the front setback.T1;te applicant submitted a
revised plan to eliminate 312 square feet from the detached garage (Exhibit I)resulting in a
garage of 672 square feet.This revision has increased the front setback from 25 feet to
approximately 30 feet.The shape of tbe garage bas also been modified to a rectangular
shape.A revised site plan was not submitted.Unless otherwise noted,the information
provided in this report is based on the revised plan shown as Exhibit 1.The story poles and
the information provided in the originally submitted development plans,(Exhibit H),do not
reflect the revised garage size and location.
Given the average slope of the lot (17%),the allowable FAR for the house is .22 and the
proposed FAR is .21.The allowable FAR for the garage is .06 and the proposed FAR is .03.
The maximum height of the house will be 24 feet and the maximum height of the garage will
be 13 feel Exterior materials will consist of horizontal siding with stone veneer,trim and a
standing seam metal roof.Exterior colors will consist of maize siding with beige trim and a
dark forest green roof.A material and color board will be displayed at the Planning
Commission meeting.
The Town's Consulting Architect has reviewed the plans and found that the proposed design
has good form and balance with a good mixture of exteriormaterials which break up the
visual mass of the house (Exhibit D).The applicant was complimented for the proposed
large roof overhangs which will provide substantial shadow lines on the walls.Staff and the
consultant found that the proposed bouse meets all Town requirements and policies.
I
I,
I.
The Planning Commission -Page 3
119 Isabelle CourtIS-05-0n
August 10,2005
The subject lot slopes to the west.Staff initially questioned whether the proposed house
should be shifted to the lower portion of the lot.However,after visiting the site and carefully
considering the site plan,staff concluded that the proposed location is the best alternative to
reduce the visual impact to the adjacent neighbors and prevent impacting existing trees.The
existing trees also help screen the house in the proposed location.If the house was shifted to
the lower portion of the lot,the house would have a significant visual impact to the adjacent
residences on Pinta Court and to one house on Nina Court.The applicant met with the
adjacent neighbors and located the house based on neighbors'concerns.The applicant has
stated that they are working with a neighbor on Pinta Court to plant trees along the perimeter
to provide additional screening.
A two to five foot high retaining wall is proposed along the west side of the house for the
driveway.A five foot six inch high retaining wall is proposed along the east side of the
house to provide access around the house.The applicant has stated that they can either step
this wall or raise the walkway so that the height of the wall does not exceed five feet.A
condition has been included to reduce the height of this retaining wall to five feet or less.A
two foot six inch to three foot high retaining wall is proposed on the west side of the house
for a patio area.The patio area will need some minor redesign to avoid tree impacts which
will be determined prior to the issuance of a building permit as discussed below.
2.Grading
A geotechnical review was completed for the previous applications which can be applied to
this project.No geotechnical issues were raised and standard conditions of approval were
recommended.The earthwork quantities consist of 379 cubic yards of cut and 249 cubic
yards of fill for a total of 628 cubic yards.These figures do not take into account the reduced
garage size.The amount of cut will minimally be reduced with the garage reduction.
3.Trees
A preliminary arborist report was prepared for the site (Exhibit E).The report identifies
issues which have been addressed in the final plans or are required as a condition of approval.
One of the issues is that grading should be avoided underneath the canopy of existing trees.
As stated above,the patio area will need to be modified to meet this requirement (comment
#3 of condition #6).The applicant and the Consulting Arborist have concurred that all issues
can be addressed.The Consulting Arborist will review the final plans prior to the issuance of
a building permit to confirm that all required changes have been implemented.
A total of three trees will be removed which consist of two 12 inch Acacias and a 9 inch Oak
tree.The Oak tree is in fair health but it is leaning and has an asymmetrical canopy.
Therefore,it is not recommended that this tree be saved.The applicant is proposing to
relocate a 9 inch Cedar tree.However,the Consulting Arborist has determined that this tree
is in fair health and has a low suitability for preservation.Therefore,the tree could be
The Planning Commission -Page 4
J 19 Isabelle Court/S-05-0n
August 10,2005
removed if the applicant desires.In addition,the Consulting Arborist has detennined that
three Acacia's located along the western property line are In poor condition,and could also
be removed.At this time,the applicant wishes to retain these trees.All trees to be removed
require mitigation in accordance with the Town Code and will be specified as part of the tree
removal permit.
Please note that the tree numbers identified in the Arborist report do not reflect the revised
tree numbers on the development plans.The conditions of approval reflect the revised
numbers on the tree plan (Sheet 9 of Exhibit H).As stated above,the applic.ant is worldng
with a neighbor to provide additional perimeter screening.A final tree planting/landscape
plan will be required prior to issuance of a building permit.
4.Neighborhood Compatibility
The neighborhood is composed of an eclectic blend of house styles ranging from flat top
modern to a general ranch style.Most are two story houses with a story over a garage,
elevated substantially above the street level.As stated above,staff and the Town's
Consulting Architect found that the proposed design is appropriate to the neighborhood.
Although most houses in the neighborhood have attached garages,the terrain and lot
configuration drive the need for a detached garage.A detached garage with reduced setbacks
was approved for the adjacent lot within this subdivision for the same reason.Typically
detached garages are not constructed in front of the house.The applicant,however,has
designed the garage so that the garage doors are on the side of the garage and do not face the
street.This configuration allows the narrow portion of the garage to face the street.From the
street,the structure appears to be part of,and connected to,the rest of the house.
An area plan is provided as part of the development plans (Sheet 8 of Exhibit H)whic.h
shows the square footages and FAR's in the neighborhood.The FAR's range from .245 to
.318 is based on nonsloping lot calculations.The proposed FAR for the subject lot is .21.
The house sizes in the neighborhood range from 1,912 to 3,764 square feet.The proposed
house size for the subject lot is 4,676 square feet.The size of the home is not readily
apparent since the house is setback from the street approximately 80 feet and the garage is
situated in front of the house.Due to the house setback and slope of the lot.the house will be
visible from very few points.Although the house has the most square footage in the
neighborhood,it has the lowest PAR in the neighborhood due to the size of the lot.The
FAR's for 'several of the developed lots in the neighborhood are actually higher,since they
are on sloping lots.The slope data for these developed lots is not available so it is not
possible to determine the FAR's.The subject lot contains 28,314 square feet of area.The
other lots in the neighborhood range in size from 9,000 to 18,150 square feet in area.
C.RECOMMENDATION:
The Development Review Committee considered this matter on July 19,2005.The applicant
worked closely with the staff and their neighbors to develop plans to meet previous concerns.It
The Planning Corrunission .Page 5
I 19 Isabelle CourtlS-05-Q72
August 10,2005
is recommended that the Planning Commission make the required findings and considerations
(Exhibit F)and approve the application subject ro conditions (Exhibit G).
If the Commission bas concerns with the proposal,they can:
1.Deny the application,or
2.Approve the application with additional or modified conditions of approval,or
3.Continue the maner to a date certain with specific directions.
Bud N.Lortz,D ector 0 Community Development
Prepared by:Sandy L.Baily,Associate Planner
BNL:SLB:mdc
cc:Cecil Koupal and Sbarlene Abrams,15730 Linda Avenue,Los Garos,CA 95030
119 Isabelle Court
'-'"
,..,'
RESOLUTION 2001 -18
RESOLUTION OF THE TOWN OF LOS GATOS DENYING AN APPEAL'OF A DECISION OF THE
PLANNING COMMISSION APPROVING A REQUEST TO SUBDIVIDE A RESIDENTIAL
PARCEL INTO TIIREE LOTS AND TO DEMOLISH A PRE-l 941 SINGLE FAMILY RESIDENCE'
ON PROPERTY ZONED R-l:lO.
SUBDIVISION APPLICATION:M-99-l
ARCHITECTURE AND SITE APPLICATION:S-99-40
PROPERTY LOCATION:130 NINA COURT
PROPERTY OWNER:IERRELL WILSON,PAUL BOONE
APPLICANT:DIVIDEND HOMES,INC.
APPELLANT:McMANIS FAULKNER &MORGAN
WHEREAS:
A.This matter came before Council for public hearing on January 8,2001 and continued to
February 5,2001,on an appeal by McManis Faulkner &Morgan from a decision of the Planning
Commission and was regularly noticed in conformance with State and Town law.
B.Council receivedLestimony and documentary evidence from the appellant and all interested
persons who wished to testify or submit documents.Council considered all testimony and materials
submitted.,including the record of the Planning Commission proceedings and the packet of material
contained in the Council AgendaReportdatedJanuary 4,2001,January 31,2001 and February 2,2001 along
with subsequent reports and materials prepared concerning this application.
C.Applicantisrequesting approval (Alternative 3)to subdivide a 1.5 gross acre parcel into three
lots and to demolish a single family residence,The lots range in size from 12,540 square feet to 27,740
square feet.Access will be provided by a 20 foot wide road off Pinta Court.Private driveway access to
lot 2 via Nina Court shall be considered in the Architecture and Site review process.
I,
D.On April 12,2000,the Planning Commission considered and denied an application at this
'.',.,..
site for a four lot subdivision and to demolish the residence.The decision ofthe Planning Commission was
appealed.Town COUDcil considered the appeal 00 August 7,2000 and continued the matter for further
study.Council considered five alternatives onSeptember 18,2000 and returned the matterto the Planning
Commission with specific direction that the Commission review Altemative 3,a standard three lot
subdivision including a public road.
E.Appellant claims that the Planning Commission erred or abused.its discretion and new
,
information was provided that was not reasonable available at the time of the Planning Commission
decision.
F.The Planning Commission decision was correct.Thefindings ofthe Commission are,by this
reference,incorporate~herein.
RESOLVED:
1.The appeal ofthe decision ofthe Planning Commission aD SUbdivisionApplicationM -99-18
and Architecture and Site Application S-99-40 is denied.Revised Conditions ofApproval,attached hereto
as Exhibit A,are hereby applied to this approval.
2.The decision constitutes a final administrative decision pursuant to Code of Civil Procedure
section 1094.6 as adopted by section 1.1 0.085 ofthe Town Code ofthe Town ofLos Gatos.Any application
for judicial relief from this decision must be sought within the time limits and pursuant to the procedures
established by Code of Civil Procedure section 1094.6,or such shorter time as required by State and Federal
law.
,..,.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town ofL08 Gatos,
California,on the 20ili day of February,2001 by the following vote.
COUNClL MEMBERS:
AYES:Randy Attaway,Steven Blanton,Steve Glickman,Mayor Joe Pirzynski.
NAYS:Sandy Decker
ABSENT:None
ABSTAJN:None
SIGNED:
ATfEST:
lsi Marian V.Cosgrove
CLERK OF TIffi TOWN OF LOS GATOS
LOS GATOS,CALIFORNIA
lsi Joe Pirzynski
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS,CALIFORNIA
S:\aty220.9.wpd
Page 3 of 7
..
\
CONDITIONS
130 N'ma Court
a.Subdivision Application M~99-18
b.Architecture and Site Application 8-9940
Requesting approval to subdivide a residential parcel into three lots Bnd to demolish II pre-1941 single family residence on
property zoned R-l:10.
PROPERTY OWNER:Jerrell Wilson,Paul Boone
APPLICANT;'Dividend Homes,Inc.
"Conditions that apply only to the Architecture and Site.
TO THE SATISF ACTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT:
(Planning Division)
1.EXPIRAnON OF AFPROYAL.The Architecture Bnd Site approval and the Subdivision approval will expire two years
from the date of approval unless the approval is used before expiration..
2.ARCHITECTURE AND SITE AFPRQVAL FOR PARCEL 2.During the Architecture and Site approval process for
Parcel 2.consideration shall be given to provide primary access for Parcel 2 via Nina Court.On site guest parking may
be provided with access from Pinta Court
3.LANDSCAPE PLAN APPROVAL.Any proposed landscape plans must be reviewed and approved by the Parks and
Forestry Department prior to issuance of any building permits.
4."RECYCLillG.AU wood,metal,glass and aluminum materials generated from the demolished structure shall be
deposited to a company which will recycle thematerials.Receipts from the company(s)accepting thesematerials,noting
type and weight ofmat:erial,s.hall be submitted to the Town prior to the Town's demolition inspection.
S.NEW PARCELS.All new pareels created by the subdivision s.hall be subject to the Nuevo Mundo subdivision CC&R's
pursuant to the terms of those CC&R's ifthey are applicable.
6.PERMITS.Each of the lots shall apply for a separate Architectural and Site approval and shall be reviewed by the
Planning Commission.
(Building Division)
7.**DEMOLmONPERMITREQUIREMENTS.Contact Bay AreaairQualityManagementDistrictand complete their
process as necessary before obtaining a building permit forthe demolition permit from the Town Building Department.
No demolition work shall be done without fust obtaining a demolition permit from tho Town.
TO THE SATISFACTION OF THE PARKS AND PUBUCWORKS DIRECTOPc
(Engineering Division)
8.STOP SIGN.A stop sign will be installed to the satisfaction of the Parks and Public Works Department at the new
Cul-De-Sac.
9.ROADWAY.The roadway width forNinR Court shall have a maximum width of20'.The placement ofthe roadway in
the right of way indicated on Exhibit L oftbe Development Plans shall be moved a minimum offoUT feet to the east 50
that there is a minimum of 30 feet from the west property line to the centerline of the .new roadway to achieve an
objective of a comer sight stopping distance of 158 feet
10.RIGHT OF WAY MAOOENANCE.The Town right of way that is not paved as indicated on the tentative map shall
be maintained by the adjacent owner that is inclusive in Lot 1 and Lot 3.
II.ROADWAY.Pier and grade beam construction to be used for the design of the road foundation to the Satisfaction of
the Director of Parks IlDd Public Works.
12.REPAIRS.Developer shall repair all existing pavement in the right of·way.stonn drains,and sanitary sewer that is
damaged or removed during construction.
13.ADV ANCED WARNING SIGN.A CalTrans standard WlO advanced warning sign indicating that there is a side road
ahead sh.all be installed to the satisfaction of the Parks and Public Works Department on Pinta'Court.
14.GRADING PERMIT.A grading permit is required for grading and erosions control on the individual lots.A separate
.application for a grading permit (with grading plans)shall be made to the Engineering Division of the Public Works
Department.The grading plans shall include final grading,dl1linage retaining wall location,driveway,utilities and
interim erosion control.Unless specifically allowed by the Director of Parks and Public Works,the grading pennit will
,.
be issued concurrently with the building permit.
15.SOILS REPORT.Ooe copy of the soils and geologic report shall be submitted with the grading permit and public
improvement applications The soils reportshall 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 coofonnance with Section 6735 of the California Business and Professions Code.
16.PARCEL MAP.A parcel map shall be recorded.Two copies of the parcel map shall be submitted to the Engineering
Division oftbe Public Works Department for review and approval.Submittal shall include closure calculations,title
reports and appropriate fee.The map shall be recorded before any permits art issued.
17.DEDICA nONS.The following shall be dedicated on the parcel map.The dedication shall be recorded before any
permits are issued.
.a.New Street.A 40-foot street right-of-way with a 20-foot radius at the intersection with Pinta Court
and a 36-foot radius cul-de-sac..
b.Public Service Easement (PSE).Five (5)feet wide,next to the easterly side New Street right-of-way
and ten (10)feet wide adjacent to Pinta Court..
c.Ingress-egress,storm drainage and sanitary sewer easements,I.S required.
18.PUBLIC IMPROVEMENTS.The following improvements shall be installed by the developer.Plans for those
impro~ments shall be prepared by a California registered civil engineer,reviewed and approved by the Town,and
guaran:eed by contract,Faithful Performance Security and Labor &Materials Security before the issuance ofa building
permit or the recordation ofa map.The improvements must be completed and accepted by the Town before a Certificate
of Occupancy for any new building can be issued.
a.New Court.New street (20 feet wide from face of curb to face of curb),32 footmdius cul-de-sac,
vertical curb and gutter,street lights,landscaping,retaining wall,signing,striping,storm drainage and sanitary sewers,
as required.
b.Pinta Court.Tie-in paving,street light,landscaping,signing,striping,storm drainage and sanitary
sewers,as required..The developer shall install a 15 mph traffic advisory sign for westbound traffic.
c.Causey Lane.Pavement repairs,stOTlIl drainage and sanitary sewers,as required.
d.Storm Drainage Improvements.Thedevelopershall evaluate the existing stann drainage system from
the manhole in Causeyume serving Pinta Court to the 18 inch diameter storm drain line in Vista del Monte (Hydrology
Node 401 to 403 in Stom Drain Master Plan).The developer is required to design and construct the storm drainage
impro"ements upstream of where the Nina Court system connects to the Causey Lane syStem up to a maximum of
$40,000.Town shall reimburse the developer for constructing the remaining improvements.
19.ThlSURANCE.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.
20.LANDSCAPE MAINTENANCE AGREEMENT.A landscape maintenance agreement shall be entered into between
the Town and the owners of the new lots,to maintain the landscaping and retaining wall in the rights-of-way.The
agreement shall run in perpetuity.
21.STORM DRAINAGE FEES.The developer's stonn drainage fees,based on acreage and collected as paf1:of the
subdivision improvements,and based on impervious area and collected with the building permit,shall be waived as part
of the developer's cost of constructing the stonn drainage improvements.
22.TRAFFIC IMPACTMlTIGA nON FEE (RESIDENTIAL).The developer shall pay a proportional tbe project's share
oftransportation improvements needed to serve cumulative development within the Town ofLos 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 per detached single family house.The final fee shall be calculated from the final
plans usmg the rate schedule in effect atthe time of there quest for a Certificate of Occupancy .The credit forthe existing
house to be demolished shall be given to'Parcel 3.
23.GENERAL.AU 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 ofaUjob related dirt and debris at the end ofthe 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 ~hall 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.
24.ENCROACHMENT PERMIT.All work in the public right-of-way will require a Construction Encroachment Permit.
All work over S5,OOO will require construction security.
25.PUBLIC WORKS rnSPECTIONS.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 1i0 will result in rejection ow work that went on without inspection.
26.SUR'VEYll'l'G COl\"TR.OLS.Horizontal and vertical controls shall be set and certified by a licensed surveyor or
re~istered civil en£ineer Qualified to oractice land surveYing fnr the fnllnwiTIO'itt'!1TIs:
a.Retaining wall--top of wall elevations and locations
b.Toe and top of cut and fiU slopes
c.Top of curb
27.EROSION CONTROL.Interim and final erosion control plans shall be prepared and submitted to the Engineering
Development Division ofthe Public Works Department.Grading activities shall be limited to the period ofieast rainfall
(AprUlS to October 1).A maximum of two weeks is allowed between clearing ofan area and stabilizinglbuilding 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.
28.NONPOINT SOURCE POLLUTION PREVENTION.On-site drainage systems shall include a filtration device in the
catch basins 'or a grease and oil separator shall be installed.
29.UTILITIES.The developer shall install all utility services,including telephone,electric power and all other
communications lines underground,as required by Town Code "27.50.0l5(b).Cable television capability shall be
provided to aU new lots.
30.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,thennoplastic 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.
31.DRIVEWAY APPROACH.The developer shall install four (3)Town standard residential driveway approaches.The
new driveway approaches shall be constructed per Town Standard Detail.
32,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 provlded to the Town before the Faithful Perforrnancll Security is released,
33.SANITARY SEWER.Sanitary sewers are televised by West Valley San.itation District and approved by the Town of
Los'Gatos before they 'are used.Install a sanitary sewer lateral clean-out at the propert)'line of each lot.
34.TANK ABA1EMENT.The existirlg underground storage tank shall be abandoned and any required remediation
preformed to the satisfaction of the Santa Clara Valley Wate'r District and/or the Central Fire Protection District of Santa
Clara County.Abandonment shall be in co'nforrnance will all State and local requ.irements.
(parks and Forestry Division)
35.GENERAL.All existing and newly planted trees shown on the plan are specific subjects ofapprovai of this plan and
must remain on site.
36.TREE PROTECTION.Require tree protection fencing to be placed at the dripline of existing trees to be saved in the
area of construction.Fencing shall be four feet high chain link attached to steel poles driven two feet into the ground
when at the drip line of the tree.Ifthe fence has to be within eight feet ofthetrunk ofthe tree a fence base may be used,
as in a typical chain link fence that is rented.
TO THE SATISFACTION OF THE SANTA CLARA COUNTY FIRE PROTECTION DISTRICT:
37.Fire Apparatus (Engine)Access Roads Required.Provide access roadways with a paved all weather surface,a minimum
unobstructed width of20 feet,vertical clearance of 13 feet 6 inches,minimum circulating turning radius of 36 feet
outside and 23 feet inside,and a maximum slope of 15%.Installations shall confonn with Fire Department Standard
Details and Specification sheet A-I.
38.FIRE APPARATUS (ENGINE)ROADWAY TURN-AROUND REQUIRED.The developer/owner shall provide an
approved fire department engine roadway turnaround with a minimum radius of 36 feet outside and 23 feet inside.
Installations shan conform with Fire Department Standard Details and Specifications A·l.CuI·De-Sac Diameters shall
be no less than 72 feet or as directed by the Town of Los Gatos.
39.TIM:ING OF REQUIRED ROADWA Y INSTALLATIONS.Required access roads,up through first lift ofasphalt,shall
be inspected and accepted by the Fire Department prior to the start of construction.Bulk combustible materials shall
not be delivered to the site until installations are completed as stated above.During construction,emergency access
roads shall be maintained clear and unimpeded.Building permit issuance may be withheld until installations are
completed.
40.APPROVED RESIDENTIAL FIRE SPRIN"KLERS.Developer please note:For buildings located off of the roadway
in excess of 1SO'travel distances to the farthest portion of the house,mitigation in the fonn of approved residential fire
'sprinklers may be required.Assessment of that condition may be identified upon subsequent submittals.
41.PARKING ALONG ROADWAYS.The required width of fire access roadways shall not be obstructed in any manner.
Parking sh.all not be anowed along roadways less than 28 feet in width.Parking will be allowed along one side of the
street for roadways 28-35 feet in width.For roadways equal to or greater than 26 feet parking will be allowed on both
sides ofthe roadway.Roadway widths shall be measured face to faces ofcurb.Parking spaces are based on an 8ft.wide
space.
42.FIRE LANEM.AR.l'CrnG REQUIRED.Provide marking for all roadways within the project.Markings shall be perflre
department specifications.Installations shall also conform.to Local Government Standards and Fire Department
Standard Details and Specifications A-6
,.
•
Zoning district
Land use
Lot size:
•Square feet/acres
Exterior materials:
•siding
•trim
windows
R-1:10 same
single family residence
,.~
'.~.,-~.'
10,000 sq.ft.min.
•...:.....'-:~.'....-'
~:":,~;j:=::--:>.(~;'.,-,:;~;~:':L,~c
•roofing
Building floor area:
first floor
•second floor
-".;.
I ,4-'5 '5
.-'.':-",'-..-".'',.,~,..:",~..-.._.',...,~-
,00
cellar
,..o-=.9a_ra...:9'-e +-t-__VJ=-':t'-'d--=__-+--1
110 z..
Setbacks (ft,):
...",..'."
_...::;.~;:J S.~~::~·:.:::.2\/::~:':'.
front
•rear
•side
•side:
Maximum height (ft.)
Building coverage (%)
Floor Area Ratio (%)
IS'S I
Z-f'
25 feet minimum
20 feet minimum
10 feet minimum
30 feet maximum
40%maximum
house
garage
Parking
Tree Removals
4 li'tl.P ~4,lSLi sqo fto maximum
&/19 ~_--j--,l",~,,-q-,-·.:..\_s...:qo_ft_o_ma_x_im_u---1m
2.~two spaces minimum
varies
RECEIVED
JUN 0 7 1005
TOWN OF LOS GATOS
Exhibit B
,.
•
,
RECEIVED
June 6,2005
JUN 0 7 Z005
110 E.Main 8t.
Los Gatos,CA 95030
RE:Letter of Justification
Dear Ms.Sandy Bailey,
TOWN OF LOS G,:\~'-·s
PLANNING DIVISION
...
Please accept this letter detailing the evolution of the plan and construction of a single family
dwelling in the Dividend Tract·119 Isabelle Ct.,Parcel No.53213069.
Dividend Homes,Inc.developed what was formerly a single-family parcel located just off Pinta Ct.,
,~.~.~;40$;.qatos between 1998 and 2004.They created a new street named Isabelle Court.Dividend
":r<;>~pbRivided the land on Isabelle Court into three parcels,which they offered for sale during 2004-
..refer to these lots as Lots 1,2,and 3.Lot 1 was purchased on or about March of2004.
·.:f;I:1'~'..chased on March 11,2005 by Sharlene Abrams and Cecil Koupal,et al (the "property
uild a single-family home to use as our primary residence.The planned design is
·"J?:@ite'.~~h:i"with deep eaves and a low pitch roof(3:12).The color scheme will be muted earth
.'·'.1:f)lrel1~,6f':gTeen and browns.The front entrance will be well off of the street,not visible to the street or
".il),."eighbors.Window placement and exterior light placement is such that it will not invade neighbor
::pti.§a9Y,look down on,or shine in neighbor property or windows.The roof Ipaterial will be raised
~~,af~i'~J~el,painted dark green non reflective epoxy.All town building codes will be strictly
.'",,.j'.,,.;itqU.¢V~d..
,.;:;;,,;4t!~""
In April of 2005, the property owners discussed the preliminary details of Lot 3,and requirements to
build a home with Sandy Bailey,Associate Planner,Community Development Dept.,for the Town of
Los Gatos at the Tovm Planning Office.Ms.Bailey supplied the homeowners with a package
compiled by the Planning Dept.about Lot 3 which included minutes from prior planning meetings,an
Area Plan,several misc.geotechnical and tract development documents.
Preliminary blueprint plans (dated April 15)were developed by Kate Jessel,Plan Maker,on behalf of
the property owners.Ms.Jessel visited Ms.Bailey to discuss prcli.minary plans,and to discuss the
steps needed to proceed in order to obtain Planning Dept Approval and then Town Building Permits.
Ms.Jessel applied the restrictions and compliance requirements to the preliminary blueprint plans
(dated May 5).The plans included:Site,Isometric View,Floor,Elevations,Garage,Retaining walls.
On May 25,a preliminary planning meeting was held at Town Hall with the Development Review
Committee.Those attending were:Sandy Bailey (AP),Julie Linney (FD),Fletcher Parsons (CE),
the property owners,and Kate Jessel,Plan Maker.The meeting produced several action items.This
letter is one of the items,
E%hibit C
property with an eye toward potential impact to neighbor parcels.They recommended we speak with
neighbors and bring plans to review with them.
The property owners used the May 5 plaru;to show the sunounding property owners.Those visited
were (note that homeowner of 132 Nina Ct.is recently deceased)and property is for sale:
1.131 Pinta 0.-Homeowner said she was okay with the project,and was looking forward to
having new neighbors.She did not feel her family would be significantly impacted by building
on Lot 3.
2.124 Nina Ct.-Homeowner looked at the plans and noted that his property was at the bottom of
the slope on Lot 3 and believed that he would not be impacted regarding view,or structure.
3.13S Pinta Ct.-Homeowner said he didn't feel he would be impacted by any struchu-e on Lot 3·
(he is below the proposed structure).Additionally,135 Pinta Ct.does not share boundary with·
Parcel 3.
4.139 Pinta Ct.-Homeowners,Scott and J~Radnich looked at the plans in detail.This property
has greatest potential impact regarding shared bOWldary,and the level differential They noted
that a number of existing trees on the subject property made a screen for any second story portion
of the project.They alBo acknowledged that a Dumber of new trees or other landscape treatment
would be welcomed and would likely provide the needed privacy screens.The fences also need
to be completed with a full canvas screen,or other solid matelial to further obscure the view
from Lot 3 into their yard.They liked the proposed plans as drawn on May 5.Scott and Jan
asked that the large conunercial sign that Dividend Homes had placed on the entrance to Isabelle
Ct.be removed.This sign has now been removed.
5.123 Pinta Ct,~Homeowner,Mrs.Nolan seemed pleased at the overture to discuss the project
with her.She also impressed upon us the need to take care of the concerns of her neighbor,The
Radnich's.(139 Pinta Ct-see 4.above).Her property does not adjoin Lot 3,however,does
adjoin the "common area"which Lot 3 is required tQ maintain from a landscape point ofview.
She feels more shrubbery should be planted,possibly more oleander bushes (there are a number
of infant stage oleanders in this area).We told her we will have more items planted in this area
and will consult with her as the project progresses.
6.128 Nina Ct.~Homeowners,Andy and Robin Lovit noted that when they purchased the house,
they were aware a that new house would be built along side their property and they welcomed
our visit to discuss the proposed project.They reviewed the plans in detail and said they were
pleased with the design iJlld placement of the house on the lot.Their primary concern is their
view from their kitchen and deck toward the west foothills (toward the bottom slope of Lot 3).
The plans dated May 5 indicate that this view will not be blocked by the new structure,as long as
it is staged in the indicated area on the lot as of May 5 plans.In short,the house must NOT be
.built further down the slope of the hill,or an obstruction of their view will occur.
Based on meetings with neighbors,and with town officials,the project appears acceptable to all parties
impacted.We will ensure that neighbor privacy concerns will be addressed and are confident that construction
will proceed with minimal impact to the current neighborhood.
Sincerely,
JU\0.--;n
Sharlene Abrams'---t:
Cecil Koupal
June 14,2005
Ms.Sandy Baily
Community Development Department
Town of Las Gatos
110 E.Main Street
P.O.Box 949
Los Gatos,CA 95031
RE:119 Isabelle Court
Dear Sandy:
ARCHlrucrUllE PLANNiNG URBAN DESIGN
RECEIVED
JUN 1 6 Z005
TOWN OF LOS GATOS
PLANNING DIVISION
I reviewed the drawings and visited the site.My comments are as follows:
Neighborhood Context
The-site is located at the end ofa three lot cul-de-sac.One house on Lot 1 at the entry to the cul-de-sac
has already been approved.This project is on Lot 3 which has a downhill slope from Isabelle Court.Lot 2
currently remains vacant.Photos of the site and context are shown below.Except for the houses to be
constructed on Lots 1 and 2,the new house on this parcel will be visible from very few points,and those are
all at some distance from the site.
View to sfte from Isabelle Court
View from site to Lot 1
TEL:415.331.3795 FAX:415.331.3797 180 HARBOR DRIVE .SUITE 219 Exlribit D
June 14,2005 Page 2
Issues and Concerns
I do not find any issues with the design oftbis project.The house is relatively simple,has good form
and balance,and combines a good selection of materials.The stone base will anchor the structUI'e to the
site,and break up the visual mass of the house.One noticeable feature of the design is the large roof
overhangs which will provide substantial shadow lines on the walls
Sandy.please let me know ifyou have any questions,or if there are specific issues of concern that I
did not address.
Sincerely,
CANNON DESIGN GROUP
c7f~~
Larry L.Cannon AIA AlCP
President
CANNON DESIGN GROUP 180 HARBOR DRIVE.SUlTE 219.SAUSAUTO.CA94965
ARBOR RESOURCES
Professional Arboricu.ltural Consulting &Tree Care
July 5,2005
Sandy L.Baily,AJCP
Community Development Department
Town afLas Gatos
110 East Main Street
Los Gatos,CA 95031
RE:PRELIMINARY PLAN REVIEW of the Proposed Project at the Kaupa!and
Abrams Property;119 Isabelle Court,Los Gatos;Application #:8-05-072
Dear Sandy:
As requested,I have reviewed the proposed set of plans,dated 6/5/05,by Prospect Studio
regarding the future residence and detached garage at the above-referenced site.I visited
the site on June 29,2005 and my preliminary fIndings and recommendations are presented
below.Please note a review of the revised plans and additional recommendations are
necessary to achieve the protection of trees suitable for retention and mitigation of those
approved for removal.
1.The project Site Plan (Sheet 2)identifies the species and trunk diameter of 12 trees on
the property.My site visit,however,reveals there are an additional 30 plus trees that
must also be shown per Section 29.10.0995 of the Town's Tree Ordinance.The trees
to be added include those of Ordinance-size that are located either on the subject
property or have canopies overhanging the property.
2.For conformance to Section 29.10.0995,the Site Plan and other future site related plans
should identify the surveyed trunk location,species,diameter and canopy dimension of
each tree.1 also recommend the circles shown to identify the trunks reflect the
approximate size of each trunk.
3.The proposed grading within 15 feet from the trunk of the tree noted as #8 on the Site
Plan should be eliminated from the design.I also suggest grading is avoided beneath
the canopies of trees to be added.
4.Unless otherwise approved,the project design should not require any soil cuts or flll
within 15 feet south of the large Cedar's trunk (identified as tree #5 on the Site Plan).
Additionally,grading or trenching should be avoided within 30 feet from the trunk in
all other directions.
5.I find that the Oak noted as tree #1 on the Site Plan is in,only fair health condition,
contains an asymmetrical canopy,and grows with an exaggerated lean towards the
southeast.Consequently,I do not suggest major design revisions are implemented to
achieve its protection.Replacements per Section 29.10.0985 of the Town's are
necessary to mitigate its loss.
P.O.Box 25295,San Mateo,California 94402 •
Phone:650.654.3351 •Fax:650.240.0777
Email:arborresources@comcasLnet
•Licensed Contractor #796763
Exhibit E
ARBOR RESOURCES
Professional Al'boriculturai Consulting &Tree Care
July S,200S
119 Isabelle Court
page 2
6.The smaller Incense Cedar (noted as tree #2 on the Site Plan)is,proposed for
relocation.My observations oftffis tree reveal it to only be in fair health condition and
will be assigned a 'low'suitability for preservation.As such.its relocation does not
appear to be the most prudent course of action to mitigate its conflict with the proposed
garage.Rather,I suggest replacements are installed per the Town's Ordinance.
7.The row of five Silver Wattle (Acacia dealbata)situated along and within the west side
of the area to be developed are suitable for removal due to their overall condition and
weak structures.Replacements per the Town's Ordinance will be necessary to mitigate
the loss of trees noted on the Site Plan as #3 and 4.
8.The drainage design should not require water being discharged bene'ath the canopies or
towards the trees'trunks.In addition,the grading and drainage design should not alter
the existing flow of surface runoff to areas near or beneath the trees'canopies.
9.The proposed new sewer line should be routed outside from beneath the trees'canopies
(even if cleanouts are necessary along its path).I should be consulted in the event this
is not entirely feasible.
10.The Site Plan should show whether the stonn drain is existing or proposed.
II.The following guidelihes should be incorporated into the future landscape design:
a.The installation of plant material beneath the canopies or'the Oaks should be
avoided.If used,they should drought-tolerant and compatible for planting
beneath Oaks;a list of compatible plant material can be obtained by contacting
the California Oaks Foundation at (510)763-0282 or
oakstafJ@californiaoaks.org.I further recommend that 'plant material comprises
no tnore than 20-percent of the area beneath a tree's canopy.
b.Irrigation should not spray beneath an Oak's canopy or within five feet from the
tronles of all other trees.Any irrigation used to water plants beneath an Oak's
canopy must be of a drip-type system.
c.Any trenching for irrigation,lighting or drainage should be designed beyond the
trees'canopies.If irrigation lines or electrical lines for lighting are designed
inside this distance,the trenches should be in a radial direction to the trunks and
established no closer than five times the diameter of the nearest trunk;if this not
be possible,the lines can be placed on top of existing soil grade and covered with
wood chips or other mulch.
P.O.Box 25295,San Mateo,California 94402 •
Phone;650.654.3351 •Fax:650.240.0777
Email:arborresources@comcast.net
•Licensed Contractor #796763
ARBOR RESOURCES
Professional Arboricultural Consulting &Tree Care
July 5,2005
119 Isabelle Court
page 3
d.Stones,mulch or other landscape features should be at least one-foot from the
trunks of retained trees and not be in contact with the trunks of new trees.
e.Tilling or stripping of the topsoil beneath the trees'canopies must be avoided,
including for weed control.
f.Bender board or other edging material proposed beneath the trees'canopies
should be established on top of existing soil grade.
Sincerely,
~:;"~~:
David L Babby,RCA
Consulting Arborist
P.O.Box 25295,San Mateo,California 94402-Email:arborresources@comcast.net
Phone:650.654.3351 •Fax:650.240.0777 •Licensed Contractor #796763
I
I
I
REQUIRED FINDINGS AND CONSIDERATIONS FOR
119 Isabelle Conrt
Architecture and Site Application S-05-072
Requesting approval to construct a new single family residence with a detached structure
over 450 square feet in area with a reduced setback on property zoned R-l:10.APN 532-
13-069
PROPERTY OWNER/APPLICANT:Mr.KonpaJ &Ms.Abrams
FlNDINGS
The project is Categorically Exempt pursuant to Section 15303 of the State Environmental
Guidelines as adopted by lbe Town.
CONSIDERATIONS
The considerations required by Sec.29.20.150 oflbe Town Code were aU made in reviewing this
application.
N:\DEV\FINDINGSII19isabelle.wpd
Exhib~t F
CONDITIONS OF APPROVAL
119 Isabelle Court
Architecture and Site Application 8-05-072
Requesting approval to construct a new single family residence with a detached structure over
450 square feet in area with a reduced setback on property zoned R-l :10.APN 532-13-069
PROPERTY OWNER/APPLICANT:Mr.Koupal &Ms.Abrams
TO THE SATISFACTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT:
(planning Division)
1.APPROVAL:This application shall be completed in accordance with all of the conditions
of approval listed below and in substantial compliance with the plans approved and noted
as Exhibit H and as revised in Exhibit T,in the report to the Planning Commission.Any
changes or rp.odifications made to the approved plans shall be approved by the Director of
Community Development,Development Review Committee or the Planning Commission,
depending on the scope of the change(s).
2.EXPIRATION:Zoning 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.COMPLIANCE MEMORANDUM.The apphcantshall prepare and submit a memorandum
with the building pennit,detailing how each of these Conditions of Approval have or will
be addressed.
4.GENERAL.All existing trees shown to remain on the plan and newly planted trees are
specific subjects of approval of this plan and must remain on site.The nine inch Cedar (tree
#7)and the row ofAcacia's on the northwest side ofthe lot shown to remain on the plan (tree
#'s 11 thru 13 (multi-trunk)14,15and 16(multi-trunk),maybe removed.
5.TREE REMOVAL PERMIT.A Tree Removal Permit shall be obtained prior to the issuance
of a Building,Grading or Encroachment Permit.
6.NEW TREES.Thenew trees to be planted shall be double-staked,using rubber tree ties and
shall be planted prior to occupancy.
7.FINAL TREE PLANTINGILANDSCAPE PLAN.The developer shall submit a final tree
planting/landscaping plan,to include the perimeter screening,which shall be reviewed by the
Town's Consulting Arborist prior to issuance of a building permit.The existing trees shall
be incorporated on the site plan of the building permit plans.The final plans shall
incorporate comments 3,8,9 and 11 from the arboristreport prepared by David Babby,dated
July 5,2005 and any additional comments raised during the review of the final plans.The
final plan shall also note the minimum 15 foot distance from tree#30 to the house.The
approved tree/landscape plan shall be included with the building permit plans.
8.PROTECTNE FENCmU.Prior to any construction or building permits being issued,the
applicant shall install the required protective fencing.
(Building Division)
9.PER1....lITS REQUIRED:A building permit shall be required for the construction of the new
single family residence and detached garage.Separate building permits are required for site
Page 1 of 7
retaining walls,water tanks,and swimming pools;separate electrical,mechanical,and
plumbing pennits shall be required as necessary.
10.CONDITIONS OF APPROVAL:The Conditions of Approval must be blue-lined in full on
the cover sheet of the construction plans.
11.SIZE OF PLANS:Four sets of construction plans,maximum size 24"x 36."
12.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 ~e prepared by a licensed civil engineer
specializing in soils mechanics.ALTERNATE:Design the foundation for an allowable soils
1,000 psf desigu pressure.(Uniform Building Code Volume 2 -Section 1805)
13.FOUNDATION INSPECTIONS:A pad certificate prepared by a licensed civil engineer or
land surveyor shall be submitted to the proj ect building inspector at foundation inspection.
This certificate shall certify compliance with the recommendations as specified in the soils
report;and,the ,building pad elevation,on-site retaining wall locations and elevations are
prepared according to approved plans.Horizontal and vertical controls shall be set and
certified by a licensed surveyor or register:ed civil engineer for the following items:
a.Building pad elevation
b.Finish floor elevation
c.Foundation comer locations
14.RESIDENTIAL TOWN ACCESSIBILITY STANDARDS:Theresidenceaball bedesigued
with adaptability features for single family residences per Town Resolution 1994-61:
a.Wooden 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.
b.All passage doors shall be at least 32 ~ches wide on the accessible floor.
c.Primary entrance shall have 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 with an 18-
inch clearance..
d.Door buzzer,bell or chime shall be hard wired at primary entrance.
15.TITLE 24 ENERGY COMPIlANCE:California Title 24 Energy Compliance forms CF-IR
and MF-IR must be blue-lined on the plans.
16.TOWN FIREPLACE STANDARDS:New wood burning fireplaces shall be an EPA Phase
II approved appliance as per Town Ordinance 1905.Tree limbs shall be cut within 10-feet
of chimneys.
17.HAZARDOUS FIRE ZONE:This project requires a Class A roofing assembly.
18.SPECIAL INSPECTIONS:When a special inspection isrequired by UBC Section 1701,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 pennit.The Town
Special Inspection fonn must be completely filled-out,signed by all requested parties and
be blue-lined on the construction plans.Special Inspection forms are available from the
Building Division Service Counter or online at www.losgatosca.gov.
19.NONPOJNT SOURCE POLLUTION STANDARDS:The Town standard Santa Clara Valley
Nonpoint Source Pollution Control Program shall be part ofthe plan submittal as the second
page.The specification sheet is available at the Building Division Service Counter for a fee
of$2 or at San Jose Blue Print.
20.APPROVALS REQUIRED:The project requires the following agencies approval before
issuing a building pennit:.
Page 2 of 7
a.Community Development:Sandy Baily at 354-6873
b.Engineering Department:Fletcher Parsons at 395-3460
c.Parks &Public Works Department:(408)399-5777
d.Santa Clara County Fire Department:(408)378-4010
e.West Valley Sanitation District:(408)378-2407
f.Local School District:(Contact the Town Building Service Counter for the
appropriate school district and to obtain the school form.)
TO THE SATISFACTION OF THE DIRECTOR OF PARKS AND PUBLIC WORKS:
(Engineering Division)
21.GRADrnG PERMIT.A grading pennit is required for site grading and drainage.The
grading permit application (with grading plans)shall be made to the Engineering Division
of the Parks &Public Works Department located at 41 Miles Avenue.The gradiug plans
shall include final grading,drainage,retaining wall location,driveway,utilities and interim
erosion control.Grading plans shall list earthwork quantities and a table of existing and
proposed impervious areas.Unless specifically allowed by the Director ofParks and Public
W crks,the grading permit will be issued concurrently with the building pennit.The grading
permit is for work outside the building footprint(s).A separate building permit,issued by the
Buildiug Department on E.Maiu Street is needed for gradiug within the buildiug footprill!.
22.PRECONSTRUCTION MEETING.Prior to issuance of anypennit or the cormnencement
of any site work,the general contractor shall:
a.Along with the project applicant.attend a pre-construction meeting with the Tovm
Engineer 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 prior to commencing work and that a copy ofthe project conditions
of approval will be posted on site at all times during construction.
23.RETAINING WALLS.A buildiugpennit,issued bytheBuildiugDepartment at 110 E.Maiu
Street,may be required for site retaining walls.Walls are not reviewed or approved by the
Engineering Division of Parks and Public Works during the grading penuit plan review
process.The height of the retaining wall at the east elevation shall be reduced to five feet
or less.
24.SOlLS REPORT.One copy of the soils and report shall be submitted with the grading
pennit application.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 confonnance with
Section 6735 of the California Business and Professions Code.
25.SOILS REVIEW.Prior to issuance of any permit,the applicant's soils engineer shall review
the final grading and drainage plans to ensure that designs for foundations,retaining walls,
site grading,and site drainage are in accordance with their recommendations and the peer
review comments.The applicant's soils engineer's approval shall then be conveyed to the
Town either by letter or by signing the plans.
26.SOlLS ENGINEER CONSTRUCTION OBSERVATION.During construction,all
excavations and grading shall be inspected by the applicant's soils engineer prior to
placement of concrete and/or backfill so they can verifY that the actual conditions are as
Page 3 of 7
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 should be documented in an "as-built"letterlreport prepared by the
applicants soils engineer and submitted to the Town before final release of any occupancy
pennit is granted.
27.TRENCHING MORATORIDM.Trenching within a newly paved street will be allowed
subject to the following requirements:
a.The Town standard "T"trench detail shall be used.
b.A Town approved colored controlled density backfill shall be used.
c.The total asphalt thickness shall be a minimum of 3-inches or shall match the
existing thickness,whichever is greater.The final lift shall be 1.5-inches ofhalf inch
medinm asphalt.The initiallift(s)shall be of three qnarter inch medinm asphalt.
d.The Contractor shall schedule a pre-paving meeting with the Town Engineering
Construction Inspector the day the paving is to take place.
e.A slurry seal topping may be required by the construction inspector depending his
assessment ofthe quality ofthe trench paving.Ifrequired,the slurry seal shall extend
the full width of the street and shall extend 5-feet beyond the longitudiilallimits of
trenching.Slurry seal materials shall be approved by the Town Engineering
Construction Inspector prior to placement.Black sand may be required in the slurry
mIx.AU existing striping and pavement markings shall be replaced upon completion
of slurry seal operations.
f.A separate bond for trench saw cutting and paving may be provided at the time of
building pennit issuance.In the event such a bond is posted,the slurry seal provision
above would be waived.
28.TRAFFIC IMPACT MITIGATION FEE.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 ofOccupancy is made.the fee shall
be paid before issuance ofthe Certificate of Occupancy.The traffic impact mitigation fee
for this project using the current fee schedule is $5,742.the final fee shall be calculated fonn
the final plans using the rate schedule in effect at the time oftbe request for a Certificate of
Occupancy.
29.TREE REMOVAL.Copies of all necessary tree removal permits shall be provided prior to
issuance of a grading permit.
30.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 developers expense.
31.ENCROACHMENT PERMIT.All work in the public right-of-way will require a
ConstructionEncroachment Permit.All work over $5,000 will require construction security.
32.PUBLIC WORKS INSPECTIONS.The developer or his representative shall notify the
Engmeering Inspector at least twenty-four (24)hours before starting any work pertaining to
Page 4 of 7
-,
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 of work that went on without inspection.
33.EROSION CON1ROL.Interim and final erosion control plans shall be prepared and
submitted to the Engineering Division of the Parks &Public Works Department.A Notice
of Intent (NO!)and Storm Water Pollution Prevention Plan (SWPPP)shall be submitted to
the San Francisco Bay Regional Water Quality Control Board for projects disturbing more
than one acre.A maximum of two 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 carned 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,fiberrolls (with locations and details),erosion control blankets,Town
standard seeding specification,filter berms,check dams,retention basins,etc.Provide
erosion control measures as needed to protect downstream water quality during winter
months.The grading,drainage,erosion control plans and SWPPP shall be in compliance
with applicable measures contained in the amended provisions C.3 and C.14 ofOrder 0 1-024
of the amended Santa Clara County NPDES Permit.
34.DUST CON1ROL.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 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 ofblowing dust for the duration
of the project.Watering on public streets shall not occur.Streets will 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 of8 a.m.and 5 p.m.and shall include at least one 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
(instantaneo1lS gusts)exceed 25 MPH.All trucks hauling soil,sand,or other loose debris
shall be covered.
35.CONSTRUCTION STREET PARKJNG.No vehicle having a manufacturer's rated gross
vehicle weight exceeding ten thousand (10,000)pounds shall be allowed to park on the
portion of a street which abuts property in a residential zone without prior approval from the
Town Engineer (§15.40.070).
36.SITE DRAJNAGE.Rainwater leaders shall be discharged to splash blocks.No through curb
drains will be allowed.
37.NONPOINT SOURCE POLLUTION PREVENTION.On-site drainage systems shall
include a filu:ation device such as a bio-swale or permeable pavement.
38.SILT AND MUD IN PUBLIC RlGHT-OF-WAY.It is the responsibility of contractor and
home ovmer 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.
39.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).All new utility services shall be placed underground.Underground conduit
Page 5 of 7
shall be provided for cable television service.
40.RESTORATION OF PUBLIC IMPROVEMENTS.The developer shall repair orreplace 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.
41.DRNEWAY APPROACH.The developer shall install one (I)Town standard residential
driveway approach.The new driveway approach shall be constructed per'Town Standard
Details.
42.DRNEWAY FENCE.Provide a 3D-inch fence on the southwestetly side of the driveway.
43.FENCING.Any fencing proposed within200-feet ofanintersection shall complywith Town
Code Section §23.10.080.
44.AS-BUILT PLANS.After completion of the construction Of all work,the original plans
shall have all changes (change orders and field changes)clearly marked.The"as-built"plans
shall again be signed and "we t-stamped lt by the civil engineer who prepared the plans,
attesting to the changes.The original "as-built"plans shall be review and approved the
Engineering Inspector.A Mylar and AutoCAD disk oithe approved "as -built!1 plans shall
be provided to the Town before the Faithful Performance Security or Occupancy Peffilit is
released.The AutoCAD file shall include only the following information and shall conform
to the layernaming convention:a)Building Outline,Layer:BLDG-OUTLINE;b)Driveway,
Layer:DRNEWA Y;c)Retaining Wall,Layer:RETAINING WALL;d)Swimming Pool,
Layer:SWIMMING-POOL;e)Tennis Court,Layer:TENNIS-COURT;f)Property Line,
Layer:PROPERTY-LINE;g)Contours,Layer:NEWCONTOUR.All as-built digital files
must be on the same coordinate basis as the Town's sur{'ey contiol network arid shall be
submitted in AutoCAD version 2000 or higher.
45.SANITARY SEWER LATERAL.Sartitary 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.
46.SANITARY SEWERBACKWATER VALVB.Drainage piping setving 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 01'private sewer system serving
such drainage piping shall be protected from backflow of sewage by installing an approved
'type backwater valve.Fixtures above such elevation shall not discharge through the
backwater valve,unless first approved by the Adntinistrative (Sec.6.50.025).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 section
103(e)ofthe UrtifOlID Plumbing Code adopted by section 6.50.010 of the Town Code and
maintain such device in a functional operating condition.Evidence ofWest Valley Sanitation
District's decision on whether a backwater device is needed shall be provided prior to
issuance of a building permit.
47.CONSTRUCTION NOISE.Betweenthehoursof8:00 a.m.to 8:00p.m.,weekdays and 9:00
a.m.to 7:00 p.m.weekends and holidays,construction,alteration or repair activities shall be
allowed.No individual piece ofequipment shall produce anoise leveI exceeding eighty-five
Page 6 of 7
(85)dBA at twenty-five (25)feet.Ifthe 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.
48.HAULING OF SOIL.Hauling of soil on or off-site shall not occur during the morning or
evening peak periods (hetween 7:00 a.m.and 9:00 a.m.and between 4:00 p.m.and 6:00
p.m.).Prior to the issuance of a building permit,the developer shall work with the Town
Building and Engineering Department Engineering Inspectors to devise a traffic control plan
to ensure safe and efficient traffic flow under periods when soil is hauled on or ffthe project
site.This may include,but is not limited to provisions for the developer/owner to place
construction notification signs noting the dates and time of construction and hauling
activities,or providing additional traffic control.Cover all trucks hauling soil,sand,and
other loose debris or require all trucks to maintain at least wo feet of freeboard.
TO THE SATISFACTION OF THE FIRE DEPARTMENT
49.TIMING OF DRNEWAY INSTALLATIONS.Required driveway installations shall be
constructed and accepted by the FiIe Department,prior to the start of combustible
construction.Building permit issuance may be withheld until installations are completed.
Temporary driveways maybe approved on a case by case basis.
50.PREMISES IDENTIFICATION.Approved numbers or addresses shall be placed on all new
buildings in such a position as to be plainly visible and legible from the street fronting the
property.Numbers shall contrast with theiI background.
N:\DEV\CONDITNS\2005\119issbelle.dr.wpd
Page 7 of 7
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REPORT TO:
FROM:
LOCATION:
Date:._-,--,-.,-_-,A",u",gu"",stL I"0,.,-=2,,,,00,..,5
For Agenda Of:_~A=u~gu",s,,-t ..1",0,...2"00,,,,5
Agenda Item:--=-1 _
DESK ITEM
The Planning Commission
The Director of Community Development
119 Isabelle Court
Art:hitecture and Site Application S-05'{)72
Requesting approval to construct a Dew single family residence with a
detached structure over 450 square feet in area with a reduced setba"ck
on property zoned R-I:lO.APN 532-13-069
PROPERTY OWNER/APPUCANT:Mr.Koupai &Ms.Abrams
DEEMED COMPLEIE:July 15,2005
FINAL DATE TO TAKE ACTION:January IS,200Q
EXHIBITS:
REMARKS:
A-I
J.
Previously Submitted.
Correct required findings and considerations
SeCOD;d alternate garage location -Subsequent to installing the story poles,the applicant
walked the site with an adjacent neighbor.Due to a potential concern from the neighbor,the
applicant will be presenting to the Planning Commission an alternative site plan.Based on a
"/preliminary sketch that was faxed to the Town,this altem~tive will eliminate the d.riveway
around the side of the property.In respect to the Town's concern of not having the garage doors
be a major portion of the front elevation,the applicant proposes to angle the garage door
openings towards the front side of the property;therefore,the doors will not directly face the
street.With ,this configuration,it appears that a retaining wall of approximately 5 feet in height
will be required on the front east side of the garage,which will quickly taper dpwn to grade.A
walkway with a retaining wall approximately 4.5 feet in height will still be required from the
garage to the front entrance of the house.If the Commissions d~tennines that this alternative or
another alternative should be approved,it is recommended that a condition of approval be
required for Town staff to work with the applicant in designing the fmal plans.
Sewer line -Commissioner Quintana expressed concern that the proposed sewer line would
impact trees.The Town's Consulting Arborist report indicates that if the line is routed -beneath a
tree's canopy that he should be consulted.Based on conversations with the Arborist,there are
alternative locations and construction methods available to reduce tree impacts.As ·conditioned
for the project,the Town will work with the applicant and consulting arborist to meet these
concerns.
Att:achment 7
The Planning Commission -Page 2
119 Isabelle CourtlS-05-0n
August 10,2005
Corrections -Under the Tree Section of the Staff Report the referenced condition number
should be #7 not #6.Exhibit J includes the correct required fmdings and considerations.
ZQZ~QQ
Bud N.Lortz,Director of Community Development
Prepared by:Sandy L.Baily,Associate Planner
BNL:SLB:mdc
N:\DEVIREPOATS\2005'l119isabelle.dsk.wpd