09 Staff Report - 520 Santa Rosa DriveDATE:
TO:
COUNCIL AGENDA REPORT
April 27,2009
MAYOR AND TOWN COUNCIL
MEETING DATE:05/04/09
ITEM NO.
FROM:GREG LARSON,TOWN MANAGER
SUBJECT:CONSIDER AN APPEAL OF A PLANNfNG COMMISSION DECISION
DENYING THE CONSTRUCTION OF A NEW SfNGLE FAMILY RESIDENCE
ON PROPERTY ZONED HR-2Y,.APN 527-56-010 ARCHITECTURE &SITE
APPLICATION S-05-115:520 SANTA ROSA DRIVE.APPLICA 1':IRAJ
ETESSAM PROPERTY OWNERS MAC SABIERI &JOHN JAHAN.
APPELLANT:JOHN JAHAN.
9:46 Ai'"
RECOMMENDATION:
1.Open and hold the public hearing and receive public testimony.
2.Close the public hearing.
3.Uphold the Planning Commission's decision to deny Architecture &Site application S-05-
115 (motion required).
4.Refer to the Town Attorney for the preparation of the appropriate resolution if approved or
denied (no motion required).
If the Town Council detelmines that the Planning Commission's decision should be reversed or
modified relative to the appeal:
I.The Council needs to find one or more of the following:
(I)Where there was error or abuse of discretion on the part of the Planning Commission;
or
(2)The new infolmation that was submitted to the Council during the appeal process that
was not readily and reasonably available for submission to the Commission;or
PREPARED BY:uJf.!Nendie R.Rooney,Director of Community Development
Reviewed by:&Assistant Town Manager ..t-Town Attorney __Clerk Finance
~Colnnlunity Development Revised:4127/09
Reformatted:5/30/02
PAGE 2
MA YOR AND TOWN COUNCIL
SUBJ ECT:APPEAL FOR 520 SANTA ROSA DRIVE;FILE #S-05-115.
May 4,2009
(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 modi ftcation or decision.
2.If the predominant reason for modifying or reversing the decision of the Planning
Commission is new information as defined in Subsection (2)above,it is the Town's policy
that the application be returned to the Commission for review in light ofthe new information
unless the new information has a minimal effect on the application.
3.If the appeal is approved,use the findings and consideration of the Architecture and Site
applications (Attachment I),and modify the conditions in Attachment 3 as appropriate.
4.Refer to the Town Attorney for preparation of the appropriate resolution(s).
BACKGROUND:
The project site is located at 520 Santa Rosa Drive on the south side of the street,east of Colorado
Court.Adjacent properties and those across the street are occupied by single family residences.The
south (rear)property line abuts the Shannon Valley Ranch planned development.The homes on
Shannon Oaks and Mountain Laurel are situated well below the building site and existing homes on
Santa Rosa Drive.The rear of the proposed residence will be visible from these and other outlying
locations,although it will not be seen from any viewing platfoll11s.
The propelty is one of two remaining undeveloped lots in the Alta Vista subdivision.Most of the
neighborhood was developed in the mid-1980s.The majority of the parcel is encompassed with
slopes of 30%or greater,with an average slope of 32%.The top of the lot is less steep and
development has been concentrated in this area.
On August 11,2004,the Planning Commission considered a proposal for a new residence on the site
and denied the application due to concerns about the home exceeding the allowable floor area and
height,the overall bulk and mass,and development encroaching onto slopes greater than 30%.
On October 4,2004,the Town Council considered an appeal of the Planning Commission's decision.
Council determined that the Commission decision was correct and denied the appeal.
The property owners submitted a new application in June 2005.A significant redesign was done to
achieve compliance with the Hillside Development Standards &Guidelines (HDS&G).The
Planning Commission considered the new application on August 13,2008.A number of neighbors
pmticipated and presented concerns about the project (see Exhibit 19).Following discussion,the
Commission continued the matter to October 8,2008,directing the applicant to redesign the
proposed residence to address bulk and mass,height,view preservation and privacy.
PAGE 3
MA YOR AND TOWN COUNCIL
SUBJECT:APPEAL FOR 520 SA ITA ROSA DRIVE;FILE #S-05-115.
May 4.2009
The application was continued three additional times (from October 8 to December 10.2008,from
December 10,2008 to January 28,2009,and from January 28 to February 25,2009)at the
applicant's request.
On February 25,2009,the Planning Commission detel1l1ined that the revised plans did not satisfy
concems about height,bulk and mass and visual impact,and denied the application.The applicant
appealed the Commission's decision on March 9,2009.
PROJECT SUMMARY:
The applicant is proposing to construct a 5,628 square foot two-story residence with an attached 736
square foot three-car garage and a 951 square foot ccllar element.The cellar is exempt and is not
included in the floor area total.The garage is accessed from the side and will not dominate the front
elevation.The house has been sited and designed so it does not extend onto slopes steeper than 30%.
Story poles have been placed on the site to aid in the review of the project.The story poles were
modi fied to reflect the CUlTent proposal.
DISCUSSION:
Architecture &Site
The development plans were evaluated using the I-IDS&G.The Consulting Architect reviewed the
proposal and his recommendations have been incorporated into the design.The architect suggested
that the details of the arches for the enliy porch be clarified.Condition #6 has been included
requiring this to be done when construction plans are submitted for plan check.
leighborhood Compatibilitv
The proposed architectural style and exterior materials are consistent with other homes in the
neighborhood.The house and garage sizes are within the range of those on properties in the
immediate area,and the FAR is at the low end of the range.The following data was obtained from
County and Town records.
Address House sf Garaf:esf Lot Size sf Stories FAR
490 Santa Rosa Drive 5,265 665 42,689 two .12
500 Santa Rosa Drive 4,704 869 72,745 two .06
510 Santa Rosa Drive 4,502 737 108,464 one .04
530 Santa Rosa Drive 4,644 880 60,113 two .08
541 Santa Rosa Drive 6,441 1,428 92,347 two .07
531 Santa Rosa Dri ve 4,390 984 59,242 two .10
51 I Santa Rosa Drive 4,328 788 49.223 one .09
471 Santa Rosa Drive 10,406 807 46,174 two ?'._j
520 Santa Rosa Drive 5,628 736 131,133 two .04
PAGE 4
MA YOR AND TOWN COUNCIL
SUBJECT:APPEAL FOR 520 SANTA ROSA DRIVE;FILE #S-05-1 15.
iday 4,2009
•House sizes range hom 4,328 to 10,406 square feet
•Garage sizes range from 665 to 1,428 square feet
•Lot sizes range from .98 to 2.49 acres
•FARs range from .04 to .23
•Six of eight neighboring homes are two-stories
Tree Impacts
No trees will be impacted by the proposed project.There is one large oak between the street and
proposed home location that will be saved.The remainder of the trees on the site are located at the
rear of the property,several hundred feet downslope of the construction zone.
Landscape Plan
Sheet A.7 of the development plans shows proposed landscaping.All but two proposed species are
California natives.One non-native shrub is proposed more than 30 feet from the house and will be
required to be changed to a native species.The final landscape plan will be reviewed for compliance
with the H DS&G when the construction plans are submitted for building plan check.In addition,the
tree locations will be reviewed by a certified arborist to ensure that there are located in appropriate
locations relative to proposed drainage facilities (refer to conditions #9 and #12).
Geotechnical Review
The applicant submitted soils and foundation and geologic investigations.These repo11s and the
project plans were reviewed by the Town's Geotechnical Consultant.No geologic constraints to site
development were identi fied.Conditions of approval have been included requiring compliance with
the geotechnical recommendations.
PLANNING COMMISSION ACTIO
The Planning Commission considered the proposed project on August 13,2008 and February 25,
2009.Attachments 10 and 15 are verbatim transcripts from the two meetings.The Commission
determined that the revisions made by the applicant were not sufficient to address concerns about
bulk and mass,height and visual impact and voted unanimously to deny the application.
APPEAL:
The applicant believes that the Commission erred in its decision as the project is in compliance with
the Hillside Development Standards &Guidelines,and filed an appeal on March 9,2009.The
applicant stated that the house was lowered four feet to address height and visual impact concerns,
extensive landscaping will be installed to help soften and screen the new residence,and the windows
on the right side were modified to mitigate privacy concerns from the adjacent neighbor at 5I0 Santa
PAGE 5
MAYOR AND TOWN COUNCIL
SUBJECT:APPEAL FOR 520 SANTA ROSA DRIVE;FILE #S-05-1l5.
May 4,2009
Rosa Drive.The applicant also asserts that the house will not be bulky and massive as the second
floor has been set back from the first story on all sides and the house is well 311iculated (refer to
Attachments 16 and 17).
ENVIRONMENTAL REVIEW:
As required by the Califoll1ia Environmental Quality Act (CEQA),an Initial Study and Mitigated
egative Declaration have been prepared.The enviromnental review was completed by the Town's
consultant,Geier &Geier Consulting.The public comment period ended on June 24,2008.
Potentially significant impacts will be mitigated by the recommended mitigation measures.The
mitigations are for tree protection and preservation,procedures that are to be taken in the even any
cultural resources are discovered during construction,and final geotechnical review.All mitigation
measures have been included as conditions of approval (Exhibit 18).In addition,a Mitigation
Monitoring Program has been prepared to designate the responsible depat1ment or agency,and
timing of each mitigation measure (see Exhibit 16).
CONCLUSION:
If the Council detennines that the Plam1ing Commission's decision should be upheld,the appeal
should be denied.
If the Council decides to grant the appeal,Architecture and Site application S-05-115 may be
approved as submitted through the following actions:
1.Make the Mitigated Negative Declaration (Attachment 4);
2.Adopt the Mitigation Monitoring Plan (Attachment I);
3.Find that the project is consistent with the Hillside Development Standards &Guidelines and
Hillside Specific Plan (Attachment 2);
4.Find that the project is consistent with the considerations for approval of Architecture and
Site applications (Attachment 2);and
5.Approve Architecture and Site application S-05-115 subject the conditions in Attachment 3
and as shown in the development plans (Exhibit 22 of Attaclunent 14).
If the Council decides that fu11her revisions to the architectural design are needed,conditions can be
added and staff will work with the applicant and Consulting Architect to achieve the desired plan
changes.The matter may be refeITed back to the PI31ming Commission if significant redesign is
required.
FISCAL IMPACT:None
PAGE6
MAYOR AND TOWN COUNCIL
SUBJECT:APPEAL FOR 520 SANTA ROSA DRIVE;FILE #S-05-115.
May 4,2009
Attachments:
I.Mitigation Monitoring Program (four pages)
2.Required Findings &Considerations (three pages)
3.Recommended Conditions of Approval (10 pages)
17.Applicant's power point presentation (10 pages),received April 29,2009
Previously received uuder separate cover:
4.Mitigated Negative Declaration
5 June 25,2008 Planning Commission report (six pages)with Exhibits I -7
6.June 25,2008 Plmming Commission desk item (one page)
7.August 13,2008 Planning Commission report with Exhibits 9-11
8.August 13,2008 Planning Commission desk item with Exhibits 12-15
9.Photos submitted by Deepa &Sanjeev Chitre (510 Santa Rosa Drive)at August 13,2008
Planning Commission meeting
10.August 13,2008 Planning Commission Minutes (43 transcribed pages)
II.October 8,2008 Planning Commission report (one page)
12.December 10,2008 Planning Commission report (one page)
13.January 28,2009 Planning Commission report (one page)
14.February 25,2009 Planning Commission report (six pages)with Exhibits 16-22
15.February 25,2009 Planning Commission Minutes (34 transcribed pages)
16.Project Architect's statement (one page with three attachments),received April 6,2009
Distribution:
Iraj Etessam,Etessam Associates,2845 Via Carmen,San Jose,CA 95124
Mac Sabieri,1127 Grimley Lane,San Jose,CA 95120
John Jahan,7190 Glenview Drive,San Jose,CA 95120
WRR:SD
~:DE\'SUZA1'.~E Council RCI")[1$Fwd.10 TC app<:al$SamaRo$.Ul0_0;Q-l09.doc
DATE:5/4/09
SUBJECT:APPEAL FOR 520 SANTA ROSA DDRIVE;FILE #S-05-1 15
PLEASE NOTE:
ATTACHMENTS 4-16
(PRE VISOUSL Y RECEIVED UNDER SEPARATE COVER)
ARE AV AILABLE FOR REVIEW IN:
-THE CLERK DEPARTMENT
-THE LIBRARY
-THE TOWN WEBSITE
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MITIGATION MONITORING PLAN
DATE:June I I,2008,
PROJECT:520 San'a Rosa Drivc'/S-05-115,ND-07-03
Mitigation
BIOLOGICAL RESOURCES
The Town Arborist shall review the proposed landscape
plan to determine of the new trees are being placed in
appropriate locations relative to drainage facilities.
The following measures shall be implemented during the
project's design phase:
a.The Project or Consulting Arborist shall identi fy a
Tree Protection Zone for this tree in which no soil
disturbance is permitted.The trunk location and dripline
of the oak tree to be retained shall be plotted and Tree
Preservation Notes shall be included on all plans.Due to
the steepness of the slope below the proposed home,
placement of a debris fence to protect the oak woodland
on the southern portion of the site shall be considered to
protect the trees from construction materials.
b.Proposed plans shall include recommendations of the
Town Arborist to ensure that improvement plans,utility
and drainage plans,grading plans,and landscape and
irrigation plans will not adversely affect the oak tree to be
retained near the northern boundary as well as oaks
located downslope (south)of the proposed home.No
underground services including utilities,sub-drains,and
water or sewer lines shall be placed in the Tree Protection
Zone.
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Monitoring
Action
Required as a
condition of
approval.
Required as a
condition of
approval.
Responsibility
Director of
Community
Development
Director of
Community
Development
Timing
Building plan
check
Prior to issuance
of building
pernlit
and during
construction
MITIGATION MONITORING PLAN
DATE:June I I,2008,
PROJECT:520 Santa Rosa Drive,lS-05-1 t 5,ND-07-03
Mitigation
c.Any herbicides placed under paving materials must be
safe for use around trees and shall be labeled for that use
The following measures shall be implemented during the
pre-construction phase of the project:
a.Tree protection fencing shall be constructed around
the oak tree prior to commencement of any grading or
construction activities.Fencing shall be six-foot high
chain link,or approved altemative,and shall remain in
place through all phases of construction.
b.The oak tree shall be pruned to clean the crown of
dead,dying and diseased and otherwise structurally weak
branches and provide clearance for construction.All
pruning shall be done under the supervision of a certified
arborist
The following measures shall be implemcnted during
construction:
a.No grading,construction or other work shall occur
within the Tree Protection Zone.Any grading,
construction,or other work that is expected to encounter
roots of the tree to be retained shall be monitored by the
Project or Consulting Arboris!.
b.Any root pruning required for construction purposes
shall reccive the prior approval of,and be supervised by
the Project or Consulting Arborist.
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Monitoring
Action
Required as a
condition of
approval.
Required as a
condition of
approval.
2
Responsibility
Directors of Parks &
Public Works and
Community Dev.
Director of
Community
Development
Timing
Prior to start of
construction
During
construction
M ITIGilTJON MONITORING PLAN
DATE:June II,2008,
PROJ ECT:520 Santa Rosa Drive,lS-05-115,ND-07-03
Mitigation
CULTURAL RESOURCES
In the event that archaeological traces are encountered,all
construction within a 50-meter radius of the find shall be
halted,the Community Development Director shall be
notified,and an archaeologist shall be retained to examine
the find and make appropriate recommendations.
Ifhuman remains are discovered,the Santa Clara County
Coroner shall be notified.The Coroner shall determine
whether or not the remains are Native American.If the
Coroner determines that the remains are not subject to his
authority,he shall notify the Native American Heritage
Commission,who will attempt to identify descendants of
the deceased Native Americans.
If the Community Development Director finds that the
archaeological find is not a significant resource,work will
resume only after the submittal of a preliminary
archaeological report and after provisions for reburial and
ongoing monitoring are accepted.Provisions for
identifying descendants of a deceased Native American
and for reburial shall follow the protocol set fOl1h in
CEQA Guidelines Section 15064.5(e).If the site is found
to be a signi ficant archaeological site,a mitigation
program shall be prepared and submitted to the
Community Development Director for consideration and
approval,in conformance with the protocol set forth in
Public Resources Code Section 21083.2.
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Monitorin!!
Action
Required as a
condition of
approval
Required as a
condition of
approval
Required as a
condition of
approval
3
Responsibility
Director of
Community
Development
Director of
Community
Development
Director of
Community
Development
Timing
During
construction
During
construction
During
construction
MITIGATION MONITORING PLAN
DATE:June II.2008,
PROJECT:520 Santa Rosa Drive,lS-05-I IS,ND-07-03
Mitigation
A tinal rCpOt1 shall be prepared when a find is dctermined
to be a significant archaeological site,and/or whcn Nativc
Amcrican remains are found on the site.The final rcport
shall include background infonnation on the complcted
work,a dcscription and list of identified resources,the
disposition and curation of these resources,any tcsting,
other rccovered information,and conclusions.
GEOLOGIC HAZARDS
The project dcsign shall incorporate all recommcndations
of thc Amcrican Soil Testing,Inc.'s soil and foundation
invcstigation for thc proposed.
Prior to issuance of the building pennit(s),Amcrican Soil
Tcsting,Inc.shall review the Geomatrix pccr rcview
lettcrs and final construction plans,including thc
foundation and structural plans,for conformancc of thcsc
plans with their geotechnical enginccring
recommendations.American Soil Testing,Inc.shall
complctc and submit a Plan Review letter to the Town.
During construction,American Soil Testing,Inc.shall
obscrvc and document the geotechnical engineering
aspects of construction,including grading and drainage
improvcmcnts,Prior to project final,American Soil
Testing,Inc.shall submit an "as-built"construction
obscrvation Icttcr to thc Town.
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Monitoring
Action
Required as a
condition of
approval
Required as a
condition of
approval
4
Responsibility
Director of
Community
Developmcnt
Director of Parks &
Public Works
Timing
During
construction
Prior to issuancc
of building
perm it
TOWN COUNCIL -l\1A Y 4,2009
REQUIRED FINDINGS &CONSIDERATIONS FOR:
520 Santa Rosa Drive
Architecture and Site Application S-05-115
Negative Declaration ND-07-03
Requesting approval to construct a new single family residence on property zoned HR-2V,.No
significant environmental impacts have been identified as a result of this project and a Mitigated
Negative Declaration is recommended.APN 527-56-0 I O.
PROPERTY OWNER:Mac Saberi and John Jahan
APPLICANT:Iraj Etessam
FINDINGS:
Required compliauce with Hillside Developmellt Stalldards &Guidelilles:
That the project is in compliance with the Hillside Development Standards &Guidelines.
Required compliallce with Hillside Specific Plall:
That the project is in compliance with the Hillside Specific Plan.
CONSIDERA nONS:
Sectioll 29.20.150,Required cOllsideratiolls ill review ojArchitecture &Site applicatiolls:
The deciding body shall consider all relevant matter including,but not limited to,the following:
(1)COllsideralions relating 10 traffic safety alld traffic cOllgestion.The effect of the site
development plan on traffic conditions on abutting streets;the layout of the site with respect
to locations and dimensions of vehicular and pedestrian entrances,exits,drives,and
walkways;the adequacy of off-street parking facilities to prevent traffic congestion;the
location,arrangement,and dimension of truck loading and unloading 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:
I.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
(I)year after occupancy.
b.The deciding body shall review the application for traffic roadway/intersection
capacity and make one (I)of the following determinations:
I.The project 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 (I )b.l.may proceed.
Any project receiving Town determination subsection (I )b.2.must be
modified or denied if the deciding body determines that the impact is
unacceptable.In determining the acceptability of a traffic impact,the
deciding body shall consider if the project's benefits to the community
ovelTide the traffic impacts as detel11lined by specific sections from the
general plan and any applicable specific plan.
(2)Considerations relating to ontdoor advertising.The number,location,color,size,height,
lighting and landscaping of outdoor advertising signs and structures in relation to the creation
of traffic hazards and the appearance and haI11l0ny 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 of walls,fences,
hedges and screen plantings to insure harmony with adjacent development or to conceal
storage areas,utility installations,parking lots or unsightly development;the planting of
ground cover or other surfacing to prevent dust and erosion;and the unnecessary destruction
of existing healthy trees.Emphasize the use of planter boxes with seasonal flowers to add
color and atmosphere to the central business district.Trees and plants shall be approved by
the Director of Parks,Forestry and Maintenance Services for the purpose of meeting 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 layont.The orientation and location of buildings 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.
Buildings should strengthen the form and image of the neighborhood (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.
(5)Considerations relating to drainage.The effect of the site development plan on the adequacy
of storm and surface water drainage.
(6)Considerations relating to the exterior architectnral design ofbuildings and structures.The
effect of the height,width,shape and exterior construction and design of buildings and
structures as such factors relate to the existing and fuhlre character of the neighborhood 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 scale,massing,materials,
color,texture,reflectivity,openings and other details.
(7)Considerations relating to lighting and slreet./ilmiture.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,drinking fountains,planters,kiosks,
flag poles and other elements of the street environment should be designated and selected so
as to strengthen and reinforce the Town image.
(8)Considerations relating 10 access/or 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,
structural 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 addition to retail,personal services and health care services are not allowable uses on non-
accessible floors in new nonresidential buildings.Any change of use to retail,health care,or
personal service on a non-accessible 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 new
residential developments shall comply with the Town's adaptability and accessibility
requirements for physically disabled persons established by resolution.
(9)Considerations relating to the location of a hazardous waste management /acility.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 1009 FOSTER~OI05_DOC
TOWN COUNCIL -MAY 4,2009
CONDITIONS OF APPROVAL
520 Santa Rosa Drive
Architecture and Site Application S-05-115
Negative Declaration ND-07-03
Requesting approval to construct a new single family residence on property zoned HR-2Yz.No
significant environmental impacts have been identified as a result of this project and a Mitigated
'egative Declaration is recommended.APN 527-56-010.
PROPERTY OWNER:Mac Saberi and John Jahan
APPLICA T:Iraj Etessam
TO THE SATISFACTION OF THE DIRECTOR OF COMM l1[TY DEVELOPMENT:
Plal1l1il1g Divisiol1
I.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 on February 25,2009 and noted as received by the Town on February 10,2009.
Any changes or modifications to the approved plans shall be approved by the Community
Development Director or the Planning Commission depending on the scope of the
change(s).
2.EXPIRATION OF APPROVAL:The Architecture and Site application will expire two
years from the date of the approval pursuant to Section 29.20.335 of the Town Code,
unless the approval is used prior to expiration.
3.TOWN INDEMNITY.Applicants are notified that Town Code Section 1.10.115 requires
that any applicant who receives a permit or entitlement from the Town shall defend,
indemnify,and hold hannless the Town and its officials in any action brought by a third
party to overtul11,set aside,or void the permit or entitlement.This requirement is a
condition of approval of all such permits and entitlements whether or not expressly set
forth in the approval.
4.EXTERIOR COLOR.The exterior color of the house shall not exceed a light reflectivity
value of 30 and shall blend with the natural vegetation.
5.DEED RESTRICTION.Prior to the issuance of a building pennit,a deed restriction
shall be recorded by the applicant with the Santa Clara County Recorder's Office that
requires all exterior paint colors to be maintained in confonnance with the Town's
Hillside Development Standards.
6.ARCH ITECTURE.The second story shall be reduced to maintain a view corridor to the
hills behind the house,to the satisfaction of the Director of Community Development.
The final detailing for the front entry arches shall be reviewed and approved by staff with
input from the Consulting Architect,prior to issuance of a building pennit.
7.OUTDOOR LIGHTING.House exterior and landscape lighting shall be kept to a
minimum,and shall be down directed fixtures that will not reflect or encroach onto
adjacent properties.The outdoor lighting plan can be reviewed during building plan
check.Any changes to the lighting plan shall be approved by the Planning Division prior
to installation.
Page I of 10
Attachment 3
8.STOR Y POLES.The story poles on the project site shall be removed within 30 days of
approval of the Architecture &Site application.
9.FINAL LANDSCAPE PLAN.Any non-native species shall be located within 30 feet of
the house.The final landscape plan shall be included with the construction plans and will
be reviewed for compliance during the building plan check process.
10.GENERAL.All existing trees being retained and replacement trees are specific subjects
of approval of this plan and must remain on the site.
II.TREE FENCING.Protective tree fencing shall be placed at the drip line of the existing
oak at the Ii'ont of the propel1y prior to issuance of demolition and building pennits and
shall remain through all phases of construction.Fencing shall be six foot high cyclone
attached to two-inch diameter steel posts drive 18 inches into the ground and spaced no
further than 10 feet apart.Include a tree protection fencing plan with the construction
plans.
12.BIOLOGIC REOURCES MITIGATION MEASURE-I.The Town Arborist shall review
the final landscape plan to detennine of the new trees are being placed in appropriate
locations relative to drainage facilities.
13.BIOLOGIC REOURCES MITIGATIO MEASURE-2.The following measurcs shall
be implemented during the project's design phase:
a.The Project or Consulting Arborist shall identify a Tree Protection Zone for this
tree in which no soil disturbance is permitted.The trunk location and dripline of
the oak tree to be retained shall be plotted and Tree Preservation Notes shall be
included on all plans.Due to the steepness of the slope below the proposed home,
placement of a debris fence to protect the oak woodland on the southern portion
of the site shall be considered to protect the trees from construction materials.
b.Proposed plans shall include recommendations of the Town Arborist to ensure
that improvement plans,utility and drainage plans,grading plans,and landscape
and ilTigation plans will not adversely affect the oak tree to be retained near the
northem boundary as well as oaks located downslope (south)of the proposed
home.No underground services including utilities,sub-drains,and water or
sewer lines shall be placed in the Tree Protection Zone.
c.Any herbicides placed under paving materials must be safe for use around trees
and shall be labeled for that use.
14.BIOLOGIC REOURCES MITIGATIO I MEASURE-3.The following measures shall
be implemented during the pre-construction phase of the project:
a.Tree protection fencing shall be constmcted around the oak tree prior to
commencement of any grading or construction activities.Fencing shall be six-
foot high chain link,or approved altemative,and shall remain in place through all
phases of construction.
b.The oak tree shall be pruned to clean the crown of dead,dying and diseased and
otherwise structurally weak branches and provide clearance for construction.All
pruning shall be done under the supervision of a cel1ified arborist.
15.BIOLOGIC REOURCES MITIGATION MEASURE-4.The following measures shall
be implemented during construction:
a.No grading,construction or other work shall occur within the Tree Protection
Zone.Any grading,construction,or other work that is expected to encounter
roots of the tree to be retained shall be monitored by the Project or Consulting
Arborist.
Page 2 oOD
b.Any root pruning required for construction pUllJoses shall receive the pnor
approval of,and be supervised by the Project or Consulting Arborist.
16.CULTURAL RESOURCES MITIGATION MEASURE-I.In the event that
archaeological traces are encountered,all construction within a 50-meter radius of the
find shall be halted,the Community Development Director shall be notified,and an
archaeologist shall be retained to examine the find and make appropriate
recommendations.
17.CULTURAL RESOURCES MITIGATION MEASURE-2.If human remains are
discovered,the Santa Clara County Coroner shall be notified.The Coroner shall
detennine whether or not the remains are Native American.If the Coroner detemlines
that the remains are not subject to his authority,he shall notify the Native American
Heritage Commission,who shall attempt to identify descendants of the deceased 'ative
Americans
18.CULTURAL RESOURCES MITIGATIO MEASURE-3.If the Community
Development Director finds that the archaeological find is not a significant resource,
work shall resume only after the submittal of a preliminary archaeological report and
after provisions for reburial and ongoing monitoring are accepted.Provisions for
identifying descendants of a deceased Native American and for reburial shall follow the
protocol set fOlih in CEQA Guidelines Section 15064.5(e).If the site is found to be a
significant archaeological site,a mitigation program shall be prepared and submitted to
the Community Development Director for consideration and approval,in conformance
with the protocol set forth in Public Resources Code Section 21083.2.
19.CULTURAL RESOURCES MITIGATION MEASURE-4.A final report shall be
prepared when a find is determined to be a significant archaeological site,and/or when
Native American remains are found on the site.The final report shall include
background infonnation on the completed work,a description and list of identified
resources,the disposition and curation of these resources,any testing,other recovered
information,and conclusions.
Bllildillg Divisioll
20.PERMITS REQUIRED:A building permit is required for the demolition of the existing
single family residence and construction of the new single family residence and accessory
structure.Separate pennits are required for electrical,mechanical and plumbing work as
necessary.
21.APPLICABLE CODES.The project shall confonn to the 2007 California Building,Fire,
Mechanical,Electrical,and Plumbing Codes.The CC's are based on model codes;2006
International Building Code and Fire Code and 2006 Unifonn Plumbing and Mechanical
Codes and the 2005 'ational Electrical Code.
22.SIZE OF PLANS:Four sets of construction plans,maximum size 24"x 36."
23.COl DITIO 'S OF APPROVAL:The Conditions of Approval must be blue-lined in full
on the cover sheet of the construction plans.A compliance memorandum shall be
prepared and submitted with the building pemlit application detailing how the Conditions
of Approval will be addressed.
24.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 pennit application.This report shall be prepared by a licensed civil
engineer specializing in soils mechanics (Califomia Building Chapter 18).
Page 3 of 10
25.DEMOLITION REQUIREMENTS:Obtain a Building Department Demolition
Application and a Bay Area Air Quality Management Application hom the Building
Depm1ment Service Counter.Once the demolition fOllll has been completed,all
signatures obtained,and written verification from PG&E that all utilities have been
disconnected,return the completed from to the Building Depm1ment Service Counter
with the J#Cel1ificate,PG&E verification,and three (3)sets of site plans to include all
existing structures,existing utility service lines such as water,sewer,and PG&E.10
demolition work shall be done without first obtaining a permit from the Town.
26.SHORfNG.Shoring plans and calculations will be required for all excavations that
exceed four (4)feet in depth or that remove lateral support from any existing building,
adjacent property or the public right-of-way.Shoring plans and calculations shall be
prepared by a California licensed engineer and shall conform to Cal/OSHA regulations.
27.FOUNDATION INSPECTIONS.A pad certificate prepared by a licensed civil engineer
or land surveyor may be required to 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 corner locations
d.Retaining Walls
28.RESIDENTIAL TOWN ACCESSIBILITY STANDARDS:The residence shall be
designed with adaptability features for single family residences per Town Resolution
1994-61 :
a.Wooded backing (2"x 8"minimum)shall be provided in all bathroom walls,at
water closets,showers,and bathhlbs 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 a 36-inch wide door including a 5'x5'level landing,no
more than I-inch out of plane with the immediate interior floor level with an 18-
inch clearance at interior strike edge.
d.Door buzzer,bell or chime shall be hard wired at primary entrance
29.TITLE 24 ENERGY COMPLIANCE.Califolllia Title 24 Energy Compliance fOIlllS CF-
I R,MF-I R,and WS-5R must be blue-lined on the plans.
30.BACKWATER VALVE.The scope of this project may require the installation of a
sanitary sewer backwater valve per Town Ordinance 6.50.025.Please provide
information on the plans if a backwater valve is required and the location of the
installation.The Town of Los Gatos Ordinance and West Valley Sanitation District
(WVSD)requires backwater valves on drainage piping serving fixtures that have flood
level rims less than I 2-inches above the elevation of the next upstream manhole.
31.SPECIAL INSPECTIONS.When a special inspection is required by CBC Section 170 I,
the architect or engineer of record shall prepare an inspection program that shall be
submitted to the Building Official for approval prior to issuance of the building permit.
The Town Special Inspection fOllll must be completely filled-out,signed by all requested
pm1ies,and be blue-lined on the construction plans.Special Inspection forms are
available from the Building Division Service Counter or at \Vww./osgalosca.gov/bui/dillg.
Page 4 of /0
32.TOVvN FIREPLACE STANDARDS.New wood burning fireplaces shall be an EPA
Phase II approved appliance as per Town Ordinance 1905.Tree limbs within 10 feet of
chimneys shall be cut.
33.FIRE HAZARD ZONE.The project requires a Class A roof assembly.
34.WILDLAND URBAN INTERFACE.This project is in a Wildlife Urban Interface Fire
Area and must comply with Chapter 7A of the 2007 California Building Code.
35.DEFENSIBLE SPACE.A Defensible Space/Fire Break Landscape plan prepared by a
California licensed architect shall be provided.The plan shall be in confollllance with
the Califol11ia Public Resources Code 4291 and California Government Code Section
51182
36.LANDSCAPE CERTIFICATIO A letter from a California licensed architect
cel1ifying that landscaping and vegetation clearance requirements have been completed in
compliance with California Public Resources Code 4291 and California Government
Code Section 51182 shall be provided prior to final inspection.
37.NON POINT SOURCE POLLUTION STANDARDS:The Town standard Santa Clara
Valley Nonpoint Source Pollution Control Program shall be pat1 of the 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.
38.APPROVALS REQUIRED:The project requires the following departments and
agencies approval before issuing a building permit:
a.Community Development -Planning Division:Suzanne Davis at 354-6875
b.Engineering/Parks &Public Works Department:Fletcher Parsons at 395-3460
c.Santa Clara County Fire Department:(408)378-40 I0
d.West Valley Sanitation District:(408)378-2407
e.Local School District:The Town will forward the paperwork to the appropriate
school district(s)for processing.A copy of the paid receipt is required prior to
permit issuance.
f.Bay Area Air Quality Management District:(415)771-6000
TO THE SATFISFATION OF THE DIRECTOR OF PARKS &PUBLIC WORKS
Engineering Division
39.GRADING PERMIT.A grading pel111it is required for site grading and drainage.The
grading pel111it 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 of Parks and Public Works,the grading permit will be issued concurrently with
the building permit.The grading permit is for work outside the building footprint(s).A
separate building permit,issued by the Building Department on E.Main Street is needed
for grading within the building footprint.
40.GEOLOGIC HAZARDS MITIGATION MEASURE-I.The project design shall
incOllJorate all recommendations of the American Soil Testing,Inc.'s soil and foundation
investigation for the proposed.
Page 5 of 10
41.GEOLOGIC HAZARDS MITIGATION MEASURE-2.Prior to issuance of the building
pennit(s),American Soil Testing,Inc.shall review the Geomatrix peer review letters and
final construction plans,including the foundation and structural plans,for conformance
of these plans with their geotechnical engineering recommendations.American Soil
Testing,Inc.shall complete and submit a Plan Review letter to the Town.
42.GEOLOGIC HAZARDS MITIGATION MEASURE-3.During construction,American
Soil Testing,Inc.shall observe and document the geotechnical engineering aspects of
construction,including grading and drainage improvements.Prior to project final,
American Soil Testing,Inc.shall submit an "as-built"construction observation letter to
the Town.
43.TREE REMOVAL.Copies of all necessary tree removal permits shall be provided prior
to issuance of a grading permit.
44.STORM DRAIN.The storm drainage plan shall be coordinated with the landscape plan
to insure that drainage outfalls are directed away from plantings that do not tolerate wet
soil conditions.Both the landscape and drainage plans shall be reviewed and approved by
the Town's arborist.
45.DEBRIS FENCE.A temporary debris fence shall be constructed roughly I O-feet outside
the grading limits on the steep slope at the rear of the building.The fence is to prevent
stray rocks dislodged by grading operations from damaging downhill trees and
vegetation.The debris fence shall be removed upon completion of grading and
foundation excavation activities.
46.SURVEYING CONTROLS.Horizontal and vertical controls shall be set and cel1ified by
a licensed surveyor or registered civil engineer qualified to practice land surveying,for
the following items:
a.Retaining wall--top of wall elevations and locations
b.Toe and top of cut and fill slopes
47.SOILS ENGINEER CONSTRUCTlON 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 final release
of any occupancy permit is granted.
48.PAD CERTIFICATION.A letter from a licensed land surveyor shall be provided stating
that the building foundation was constructed in accordance with the approved plans shall
be provided subsequent to foundation construction and prior to construction on the
structure.The pad certification shall address both vertical and horizontal foundation
placement.
49.PRECONSTRUCTION MEETING.Prior to rssuance 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 cer1ain that all project sub-contractors have read and
understand them prior to commencing work and that a copy of the project
conditions of approval will be posted on site at all times during construction.
Page 6 arlO
50.RETAI ING WALLS.A building pennit,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.
51.SOILS REPORT.One copy of the soils report shall be submitted with the grading pem1it
application.The soils repol1 shall include specific criteria and standards goveming 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 Califomia Business and Professions Code.
52.SOILS REVIEW.Prior to issuance of any pennit,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.
53.GE ERAL.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 dil1 and debris at the end of the day.Dil1 and debris shall not be washed
into stonn drainage facilities.The storing of goods and materials on the sidewalk and/or
the street will not be allowed unless a special pemlit is issued.The developer's
representative in charge shall be at the job site during all working hours.Failure to
maintain the public right-of-way according to this condition may result in the Town
performing the required maintenance at the developer's expense
54.ENCROACHMENT PERMIT.All work in the public right-of-way will require a
Construction Encroachment Permit.All work over $5,000 will require construction
security.
55.EROSION CONTROL.Interim and final erosion control plans shall be prepared and
submitted to the Engineering Division of the Parks &Public Works Department.A
otice of Intent (NOI)and Stoml 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 stabilizinglbuilding on an area if grading is allowed during the rainy season.
Interim erosion control measures,to be carried out during construction and before
installation of the final landscaping shall be included.Interim erosion control method
shall include,but are not limited to:silt fences,fiber rolls (with locations and details),
erosion control blankets,Town standard seeding specification,filter 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 of Order No.R2-2005-0035 of the amended Santa Clara County
NPDES Pemlit.
56.CONSTRUCTION STREET PARKING.10 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).
Page 7 of /0
57.DUST CONTROL.Blowing dust shall be reduced by timing construction activities so
that paving and building construction begin as soon as possible after completion of
grading,and by landscaping disturbed soils as soon as possible.F1II1her,water trucks
shall be present and in use at the construction site.All p0l1ions 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 of
blowing 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 of 8 a.m.and 5 p.m.and shall include at least
one late-aftemoon watering to minimize the effects of blowing dust.All public streets
soiled or littered due to this construction activity shall be cleaned and swept on a daily
basis during the workweek to the satisfaction of the Town.Demolition or earthwork
activities shall be halted when wind speeds (instantaneous gusts)exceed 25 MPH.All
trucks hauling soil,sand,or other loose debris shall be covered.
58.SITE DRAINAGE.Rainwater leaders shall be discharged to splash blocks.No through
curb drains will be allowed.
59.NPDES.On-site drainage systems shall include a filtration device such as a bio-swale or
permeable pavement.
60.SILT A D 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.
61.UTI LITIES.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 shall be provided for cable television service.
62.RESTORA TION OF PUBLIC IMPROVEMENTS.The developer shall repair or replace
all existing improvements not designated for removal that are damaged or removed
because of developer's operations.Improvements such as,but not limited to:curbs,
gutters,sidewalks,driveways,signs,pavements,raised pavement markers,thermoplastic
pavement markings,etc.shall be repaired and replaced to a condition equal to or better
than the original condition.Existing improvement to be repaired or replaced shall be at
the direction of the Engineering Construction Inspector,and shall comply with all Title
24 Disabled Access provisions.Developer shall request a walk-through with the
Engineering Construction Inspector before the start of construction to verify existing
conditions.
63.CURB AND GUTTER.The developer shall repair and replace to existing Town
standards any curb and gutter damaged now or during construction of this project.New
curb and gutter shall be constructed per Town Standard Details.The limits of curb and
gutter repair will be determined by the Engineering Construction Inspector during the
construction phase of the project.
64.DRIVEWA Y APPROACH.The applicant shall install a residential driveway approach
per Town Standard Details.
Page 8 of 10
TO THE SATISFACTION OF THE SANTA CLARA COUNTY FIRE DEPARTMENT
70.REQUIRED FIRE FLOW.Required fire flow is 2,250 GPM at 20 psi.residual pressure.
71.AUTOMATIC FIRE SPRINKLER SYSTEM REQUIRED.An approved automatic fire
sprinkler system is required for the new residence and garage,hydraulically designed per
National Fire Protection Association (NFPA)Standard #13D and local ordinances.The
fire sprinkler system supply valving shall be installed per Fire Depm1ment Standard
Detail &Specifications W-l/SP-6.
72.FIRE APPARATUS (ENGINE)ACCESS DRIVEWAY REQUIRED.An access
driveway with a paved all weather surface,minimum unobstructed width of 12 feet,
vertical clearance of 13 feet six inches.Installations shall conform to Fire Department
Standard Details and Specifications sheet D-I.
73.PREMISE IDENTIFICATION.Approved addresses shall be placed on all new buildings
so they are clearly visible and legible from Santa Rosa Drive.Numbers shall be a
minimum of four inches high and shall contrast with their background.
Page 10 of 10
65.AS-BUILT PLANS.An AutoCAD disk of the approved "as-built"plans shall be
provided to the Town prior to issuance of a Cettificate of Occupancy.The AutoCAD file
shall include only the following information and shall confol1n to the layer naming
convention:a)Building Outline,Layer:BLDG-OUTLfNE;b)Driveway,Layer:
DRIVEWAY;c)Retaining Wall,Layer:RETAfNfNG WALL;d)Swimming Pool.
Layer:SWIMMfNG-POOL;e)Tennis Court,Layer:TENNIS-COURT;f)Propetty Line,
Layer:PROPERTY-LfNE;g)Contours,Layer:NEWCONTOUR.All 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.
66.SANITARY SEWER BACKWATER VALVE.Drainage piping serving fixtures which
have flood level rims less than twelve (12)inches (304.8 mm)above the elevation of the
next upstream manhole and/or flushing inlet cover at the public or private sewer system
serving such drainage piping shall be protected from back flow 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 Administrative (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)of the Uniform Plumbing Code adopted by section
6.50.0 I0 of the Town Code and maintain such device in a fi.lIlctional operating condition.
Evidence of West Valley Sanitation District's decision on whether a backwater device is
needed shall be provided prior to issuance of a building permit.
67.SANITARY SEWER LATERAL.Sanitary sewer laterals are televised by West Valley
Sanitation District and approved by the Town of Los Gatos before they are used or
reused.Install a sanitary sewer lateral clean-out at the property line.
68.CONSTRUCTION OISE.Between the hours of 8:00 a.m.to 8:00 p.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 of equipment shall produce a noise level exceeding
eighty-five (85)dBA at twenty-five (25)feet.If the device is located within a structure
on the property,the measurement shall be made at distances as close to twenty-five (25)
feet !i·om the device as possible.The noise level at any point outside of the propetty
plane shall not exceed eighty-five (85)dBA.
69.HAUL!tG OF SOIL.Hauling of soil on or off-site shall not occur during the morning or
evening peak periods (between 7:00 a.m.and 9:00 a.m.and between 4:00 p.m.and 6:00
p.m.).Prior to the issuance of a building pem1it,the developer shall work with the Town
Building and Engineering Depattment Engineering Inspectors to devise a traffic control
plan to ensure safe and efficient traffic flow under periods when soil is hauled on or off
the project site.This may include,but is not limited to provisions for the
developer/owner to place construction notification signs noting the dales 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
Page 9 of /0
RESIDENCE FOR MR.&MRS.SABERI
520 SANTA ROSA DRIVE
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It is sensitive to the environment with elegant architectural motifs & extensive landscaping The house was lowered four feet to address concerns about view preservation, visual impact
and height Windows on the right side of the house were modified to address the neighbors' privacy concern The second floor has been set back on all sides and the house is well articulated
Proposed exterior materials and colors will help blend the house into the site Extensive landscaping, particularly at the rear to help screen and soften the new residence The elevations
blend with the hillside & local architecture of surrounding homes. View from Street * RESIDENCE FOR MR. & MRS. SABERI 520 SANTA ROSA DRIVE Bigowers Jumpcuts Recolecciones The project
is in compliance with the Hillside Development Standards & Guidelines