16135 Cerro Vista Dr - Staff Report and Exhibits 1-10
PREPARED BY: RYAN SAFTY
Associate Planner
Reviewed by: Planning Manager and Community Development Director
110 E. Main Street Los Gatos, CA 95030 ● 408-354-6874
www.losgatosca.gov
TOWN OF LOS GATOS
PLANNING COMMISSION
REPORT
MEETING DATE: 01/24/2018 ITEM NO: 3
DATE: JANUARY 18, 2018 TO: PLANNING COMMISSION FROM: JOEL PAULSON, COMMUNITY DEVELOPMENT DIRECTOR SUBJECT: ARCHITECTURE AND SITE APPLICATION S-17-044. PROJECT LOCATION:
16135 CERRO VISTA DRIVE. PROPERTY OWNER: RUBEN CABALLERO. APPLICANT: TODD BAYLESS, FLURY BRYANT DESIGN GROUP. REQUESTING APPROVAL FOR CONSTRUCTION OF AN ADDITION GREATER THAN 100 SQUARE FEET TO THE EXISTING SECOND-STORY AND TO EXCEED THE MAXIMUM FLOOR AREA RATIO AND MAXIMUM BUILDING HEIGHT FOR AN EXISTING SINGLE-FAMILY RESIDENCE ON PROPERTY ZONED HR-2½. APN 537-30-018. DEEMED COMPLETE: DECEMBER 20, 2017 FINAL DATE TO TAKE ACTION: JUNE 20, 2018
RECOMMENDATION:
Approval, subject to recommended conditions.
PROJECT DATA:
General Plan Designation: Hillside Residential
Zoning Designation: Hillside Residential, HR-2½
Applicable Plans & Standards: General Plan; Hillside Design Guidelines and Standards
Parcel Size: 10.2 acres
Surrounding Area:
Existing Land Use General Plan Zoning
North Single Family &
Open Space
Hillside Residential & Agriculture HR-1, HR-2½, and RC
East Single Family Hillside Residential HR-1 and HR-2½
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CEQA:
The project is Categorically Exempt pursuant to the adopted Guidelines for the Implementation
of the California Environmental Quality Act, Section 15303: New Construction or Conversion of
Small Structures.
FINDINGS:
As required, pursuant to the adopted Guidelines for the Implementation of the California
Environmental Quality Act, this project is Categorically Exempt, Section 15303: New
Construction or Conversion of Small Structures.
As required by the Hillside Development Standards and Guidelines (HDS&G) for granting an
exception to the maximum allowed height of 18 feet for visible homes in hillside areas.
As required by the HDS&G for granting an exception to the maximum allowed height of 28
feet of a building’s tallest elevation measured from the lowest point of the building to the
highest point for visible homes in hillside areas.
As required by the HDS&G for granting an exception to the maximum allowable gross floor
area of 6,000 square feet in hillside areas.
As required by the HDS&G for compliance with the HDS&G.
As required by the Hillside Specific Plan.
CONSIDERATIONS:
As required by Section 29.20.150 of the Town Code for granting approval of an Architecture
and Site application.
ACTION:
The decision of the Planning Commission is final unless appealed within ten days.
BACKGROUND:
The subject site is located on Cerro Vista Drive (Exhibit 1). The lot is approximately 10.2 acres
with an existing 5,443-square foot, two-story home, a 936-square foot attached garage, and
497 square feet of below grade square footage.
The project is being reviewed by the Planning Commission because the proposed modifications
to the existing home would exceed the maximum height above grade of 18 feet for visible
homes in the hillside areas, maximum height of 28 feet of a building’s tallest elevation
South Single Family Hillside Residential HR-2½
West Single Family Hillside Residential HR-1 and HR-2½
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measured from the lowest point to the highest point for visible homes in the hillside areas, and
the maximum gross floor area of 6,000 square feet for homes in the hillside areas.
PROJECT DESCRIPTION:
A. Location and Surrounding Neighborhood
The subject site is located on Cerro Vista Drive (Exhibit 1). Surrounding properties are
generally single-family homes on lots ranging from one to ten acres in size. The use of the
parcel to the northeast of the subject property is open space and is zoned Resource
Conservation (RC).
B. Architecture and Site Application
The applicant is proposing to remodel and enlarge the existing second-story master
bathroom by 113 square feet. The added floor area would replace a portion of the existing
second-story terrace area, and would not increase the existing building footprint. The
applicant is proposing to match materials and colors of the addition to those of the existing
home (Exhibit 8).
As a part of the proposal, the existing roof ridge line would be extended slightly over the
addition area to create an enlarged hip roof over the northern wall of the master bathroom.
The height of the addition area would not exceed the existing 24-foot maximum height of
the two-story home. There are no privacy concerns with neighboring properties due to the
fact that the home is centrally located on a 10.2-acre parcel.
Architectural Consultant review was not required due to the minimal nature of the proposal
and due to the design of the addition area, which would match the existing residence. Story
poles have been placed on the site to aid in the review of the project. The poles and netting
have been in place since January 5, 2018.
C. Zoning Compliance
A single-family home is a permitted use in the HR-2 ½ Zone. The proposed project would
comply with lot coverage requirements and would not change setbacks or on-site parking
requirements. The existing home and proposal would comply with the Zoning Code’s 30-
foot height limit, but would exceed the HDS&G maximum allowed height standards for
visible homes. The proposed project would also exceed the HDS&G maximum allowed floor
area for hillside areas.
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DISCUSSION:
A. Building Height
The application is being considered by the Planning Commission in part due to the proposed
height of the addition. Pursuant to the HDS&G, “visible” homes (more than 24.5 percent
visible from an established viewing platform) shall not extend more than 18 feet above
existing grade and the building’s tallest elevation shall not exceed 28 feet as measured from
the lowest point of the building to the highest point (HDS&G pages 35-36). The existing
home is 79 percent visible from the Blossom Hill Road/Los Gatos Boulevard intersection
(Exhibit 6) and therefore may not extend more than 18 feet above grade or 28 feet as
measured from the lowest point of the building to the highest point.
The existing home is 24 feet above grade and the building’s tallest elevation is 29 feet when
measured from the lowest point of the home to the highest point. The proposed bathroom
addition would not exceed the maximum height of the existing home. Although the
maximum height of the existing home would not be increased, the proposed added floor
area would be higher than 18 feet above grade and 28 feet as measured from the lowest
point of the building to the highest point and therefore approval requires a major exception
to the HDS&G. Per the HDS&G, a building height exception may be granted by the Planning
Commission after carefully considering the constraints of the site. Exhibit 5 contains the
applicant’s letter of justification for the height exception.
The previous Architectural and Site application for the existing home did not comply with
the 18-foot and 28-foot height limitations for visible homes as mandated in the HDS&G.
The Architectural and Site application was submitted in August 2003, prior to the HDS&G’s
adoption in January 2004. Staff recommends approval of the height exceptions because the
proposed project would not increase the maximum height of the existing home.
B. Floor Area
The application is also being considered by the Planning Commission because the proposed
gross floor area for the home would be greater than the 6,000-square foot allowed
maximum. The existing home (excluding 400 square feet of the 936-square foot garage and
497 square feet of below grade square footage) is 5,979 square feet. The total proposed
floor area would be 6,092 square feet, including:
• The existing 5,443-square foot single-family home;
• The existing attached 936-square foot garage (minus 400 square feet); and
• The proposed 113-square foot second-story addition.
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* Pursuant to the HDS&G garages up to 400 square feet in area are not included in the
floor area ratio calculation.
Although the proposed project would be over the allowed 6,000 square foot allowed
maximum, exceptions to the maximum floor area may be granted after carefully
considering the constraints of the site and when all the following conditions apply: the
development will not be visible (24.5 percent) from any of the established viewing
platforms; there will be no significant impacts on protected trees, wildlife habitat or
movement corridors; grading is minimized; all standards and applicable guidelines of the
HDS&G are met; the project complies with Title 24 of the California Building Code; the
house will be pre-wired for photovoltaic installation; a minimum of 25 percent of hardscape
material is permeable; significant below grade square footage is included in the design; and
there will be no significant visual impact to neighbors.
Exhibit 4 contains the applicant’s letter of justification for the floor area exception. The
proposed project would comply with the required exception findings, with the exception of
the finding related to visibility. As evident in Exhibit 6, the existing home is 79 percent
visible from the Blossom Hill Road/Los Gatos Boulevard intersection, and the proposed
addition would increase this percentage by 0.3 percent. The development (both existing
and proposed) would be visible; however, the proposed addition is minimal and would not
substantially increase the visibility of the home. Staff recommends approval of the floor
area exception because the proposed project would not be the largest in the immediate
area in terms of square footage or floor area ratio (FAR).
C. Neighborhood Compatibility
Based on Town and County records, the homes in the immediate area range in size from
2,636 square feet to 6,966 square feet. The FAR ranges from 0.064 to 0.117. The applicant is
proposing 6,092 square feet of countable gross floor area for the home on a 445,125-square
foot (10.2-acre) parcel (0.012 FAR).
The neighborhood analysis below reflects the current conditions in the immediate area.
Floor Area Chart
Existing SF Proposed SF Counts
Towards FAR
Main House 5,443 5,556 5,556
Below-Grade Area 497 497 0
Garage * 936 936 536
Total 6,876 6,989 6,092
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Address Zoning House
SF
Garage
SF
Total
SF Site SF House
FAR Stories Year
Built
15995 Cerro Vista Dr. HR-1 5,833 561 6,394 49,658 0.117 3 1992
16025 Cerro Vista Dr. HR-1 3,550 564 4,114 44,290 0.080 1 1951
16060 Cerro Vista Dr. HR-1 4,298 712 5,010 74,487 0.058 2 2003
16075 Cerro Vista Dr. HR-2 1/2 6,966 1,272 8,238 60,112 0.116 2 1995
16105 Cerro Vista Dr. HR-2 1/2 5,842 1,168 7,010 74,487 0.078 3 1996
16135 Cerro Vista Dr.
(Existing) HR-2 1/2 5,443 936 6,379 445,125 0.012 2
2007
16135 Cerro Vista Dr.
(Proposed) HR-2 1/2 5,556 936 6,492 445,125 0.012 2
n/a
110 Hilltop Dr. HR-1 3,184 552 3,736 40,285 0.079 2 1974
120 Hilltop Dr. HR-1 2,636 440 3,076 40,946 0.064 3 1977
135 Hilltop Dr. HR-1 4,089 576 4,665 45,738 0.089 1 1967
125 Hilltop Dr. HR-1 3,259 1,246 4,505 50,906 0.064 1 1966
The proposed project would not result in the largest home in the immediate area. The
homes at 16075 and 16105 Cerro Vista Drive, approved in 1994, are both greater than the
current maximum 6,000-square foot limitation. The subject proposal is also on the largest
parcel in the immediate area (nearly six times larger than any other parcel in the
neighborhood) and would have the smallest FAR in the immediate area.
D. Light Reflectivity Value
Pursuant to Chapter V. (Architectural Design) of the HDS&G, the exterior materials of a
visible hillside home must comply with the light reflectivity value (LRV) limitation of 30.
Following the approval of the original Architectural and Site application for the existing
home in 2004, the previous owners filed the required deed restriction, mandating that the
exterior paint colors for all structures on the property maintain conformance with the
Town’s HDS&G LRV of 30. The exterior materials of the existing home do not currently
comply with this limitation. The stucco and roof material have an LRV less than 30.
However, the white window frames, white-painted wood trim, and white-painted gutters
each have an approximate LRV of 68 (Exhibit 8).
The applicant is proposing to paint the existing window frames, wood trim, and gutters with
an LRV of 30 or less to comply with the current LRV requirement for visible homes in hillside
areas as noted in their letter of justification (Exhibit 6). The exterior materials of the
proposed addition area would match those of the existing residence. As proposed, the
entire home would comply with the HDS&G limitation of 30 LRV.
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E. CEQA Determination
The project is Categorically Exempt pursuant to the adopted Guidelines for the
Implementation of California Environmental Quality Act, Section 15303: New Construction
or Conversion of Small Structures.
PUBLIC COMMENTS:
The applicant has informed staff that they have reached out to all adjacent properties regarding
the proposal. Any comments received by 11:00 a.m., Friday, January 19, 2018 regarding the
proposed addition are included in Exhibit 8.
CONCLUSION:
A. Summary
The applicant proposes to remodel and enlarge the second-story master bathroom by 113
square feet. Although the applicant is proposing to exceed the maximum allowable height
for visible homes in the hillside areas, the project would not exceed the existing maximum
height of the home. The applicant is also proposing to exceed the maximum allowable floor
area, but is not expanding the footprint of the home. The home is centrally located on a
large lot and does not have the potential to create privacy concerns with neighbors. The
visibility of the home from the viewing platforms is not proposed to substantially change,
and the proposed project would comply with the LRV limitation of 30. The proposed
project would be compatible with the size and FAR for homes in the immediate area.
B. Recommendation
Based on the analysis above, staff recommends approval of the Architecture and Site
application subject to the recommended conditions of approval (Exhibit 3). If the Planning
Commission finds merit with the proposed project, it should:
1. Find that the proposed project is categorically exempt, pursuant to Section 15303 of the
California Environmental Quality Act as adopted by the Town (Exhibit 2);
2. Make the required findings as required by the HDS&G for granting an exception to the
maximum allowed height of 18 feet for visible homes in the hillside area;
3. Make the required findings as required by the HDS&G for granting an exception to the
maximum allowed height of 28 feet of a building’s tallest elevation as measured from the
lowest point of the building to the highest point for visible homes in the hillside area;
4. Make the required findings as required by the HDS&G for granting an exception to the
maximum allowed floor area of 6,000 square feet;
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5. Make the finding that other than the exception to the maximum allowed building height
and maximum floor area, the project complies with the HDS&G;
6. Make the finding that the project is in compliance with the Hillside Specific Plan (Exhibit
2);
7. Make the required considerations as required by Section 29.20.150 of the Town Code
for granting approval of an Architecture and Site application (Exhibit 2); and
8. Approve Architecture and Site Application S-17-023 with the conditions contained in
Exhibit 3 and development plans in Exhibit 10.
C. Alternatives
Alternatively, if the Commission has concerns with the proposed project, it can:
1. Approve the application with additional and/or modified conditions of approval;
2. Continue the application with direction to a date certain; or
3. Deny the application.
EXHIBITS:
1. Location Map (one page)
2. Required Findings and Considerations (three pages)
3. Recommended Conditions of Approval (five pages)
4. Floor Area Exception Letter of Justification, received December 5, 2017 (three pages)
5. Maximum Height Exception Letter of Justification, received November 22, 2017 (one page)
6. View Analysis (eight pages)
7. Project Description, received October 16, 2017 (two pages)
8. Color and Materials Sheet, received November 22, 2017 (one page)
9. Public Comments, received by 11:00 a.m., Friday, January 19, 2018
10. Development Plans, received December 8, 2017 (13 sheets)
Distribution:
Ruben Caballero, 16135 Cerro Vista Drive, Los Gatos, CA 95032
Todd Bayless – Flury Bryant Design Group, 761 University Avenue, Suite A, Los Gatos, CA 95032
16135 Cerro Vista Drive
0 0.25 --------=============:::::J Miles
0.125
EXHIBIT l
1
PLANNING COMMISSION – January 24, 2018
REQUIRED FINDINGS & CONSIDERATIONS FOR:
16135 Cerro Vista Drive
Architecture and Site Application S-17-044
Requesting approval for construction of an addition greater than 100 square feet to the
existing second-story and to exceed the maximum floor area ratio (FAR) and maximum
building height for an existing single-family residence on property zoned HR-2½. APN
537-30-018.
PROPERTY OWNER: Ruben Caballero
APPLICANT: Todd Bayless, Flury Bryant Design Group
FINDINGS
Required findings for CEQA:
■ The project is Categorically Exempt pursuant to the adopted Guidelines for the
Implementation of the California Environmental Quality Act, Section 15301: Existing
Facilities.
Exception to Maximum Allowable Building Height:
■ The Commission may grant an exception to the maximum allowed height of 18 feet
pursuant to Chapter IX, Section F. of the Hillside Development Standards & Guidelines for
single-family residences visible from the established viewing platforms in the hillside areas.
Any deviation shall include the rationale and evidence to support the granting of an
exception. An exception to the maximum allowed height of 18 feet is supported because
the height of the existing single-family residence is 24 feet and currently exceeds the
maximum allowable building height for visible homes in the hillside areas. The addition
would not increase the maximum height of the home.
■ The Commission may grant an exception to the maximum allowed height of 28 feet of a
building’s tallest elevation measured from the lowest point of the building to the highest
point pursuant to Chapter IX, section F. of the Hillside Development Standards & Guidelines
for single-family residences visible from the established viewing platforms in the hillside
areas. Any deviation shall include the rationale and evidence to support the granting of an
exception. An exception to the maximum allowed height of 28 feet is supported because
the height of the existing single-family building’s tallest elevation measured from the
lowest point of the building to the highest point is 29 feet and currently exceeds the
maximum allowable building height for visible homes in the hillside areas. The addition
would not increase the maximum height of the home.
EXHIBIT 2
2
Exception to Maximum Allowable Floor Area:
■ The Commission may grant an exception to the maximum allowed floor area greater than
6,000 square feet in gross floor area pursuant to Chapter IV, section C. of the Hillside
Development Standards & Guidelines if the following conditions are satisfied:
1. The development will not be visible from any of the established viewing platforms.
• The existing single-family residence is visible from the Blossom Hill Road/Los Gatos
Boulevard intersection view platform. The proposed addition would not
significantly increase the home’s visibility. The existing home is 79 percent visible
and the proposed addition would increase the visibility by 0.3 percent.
2. There will be no significant impacts on protected trees, wildlife habitat or movement
corridors.
• No protected trees or wildlife habitat or movement corridors will be affected by the
addition.
3. Any grading necessary to accommodate the building area that exceeds the allowed FAR
or any accessory building will be minimized.
• No grading is proposed as part of this application.
4. All standards and applicable guidelines are being met.
• The proposed addition to the existing single-family residence would comply with all
standards and applicable guidelines, except for the maximum floor area and
maximum height.
5. Compliance to Title 24 Energy Efficiency Standards are shown using computer methods.
The compliance margin must be at least 10.0.
• A Build It Green checklist was completed by the applicant for the proposed second-
story addition. The checklist shows that the project would exceed the minimum
number of points (25) needed for additions to achieve certification with a score of
53.5.
6. The house will be pre-wired for future photovoltaic (PV) installation.
• It is the intent of the owner to install PV panels at a later date and the current
proposal will incorporate pre-wiring.
7. A minimum of 25 percent of hardscape material is permeable (certain types of
interlocking pavers, grasscrete, pervious concrete, etc.)
• No impervious surfaces are proposed to be removed or added as a part of this
proposal.
3
8. Significant below grade square footage is included in the design, unless it conflicts with
other standards.
• The existing single-family residence has 497 square feet of below grade square
footage.
9. There will not be a significant visual impact to neighboring properties.
• The bathroom addition will not increase the building’s maximum height or the
building footprint. The existing home is centrally located on a 10.2-acre property.
There will be no significant visual impact to neighboring properties.
Required compliance with Hillside Development Standards & Guidelines:
■ Other than the exceptions to maximum allowed building height and floor area, the project
is in compliance with the Hillside Development Standards & Guidelines.
Compliance with Hillside Specific Plan
■ The project is in compliance with the Hillside Specific Plan in that a modification to an
existing single-family residence is proposed on an existing parcel. The proposed
development is consistent with the development criteria included in the Specific Plan.
CONSIDERATIONS
Considerations in review of Architecture & Site applications:
■ As required by Section 29.20.150 of the Town Code, the considerations in review of an
Architecture and Site application were all made in reviewing this project.
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PLANNING COMMISSION – January 24, 2018
CONDITIONS OF APPROVAL
16135 Cerro Vista Drive
Architecture and Site Application S-17-044
Requesting approval for construction of an addition greater than 100 square feet to
the existing second-story and to exceed the maximum floor area ratio (FAR) and
maximum building height for an existing single-family residence on property zoned
HR-2½. APN 537-30-018.
PROPERTY OWNER: Ruben Caballero
APPLICANT: Todd Bayless, Flury Bryant Design Group
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
received by the Town on December 20, 2017. Any changes or modifications to the
approved plans shall be approved by the Community Development Director, the
Development Review Committee, the Planning Commission, or Town Council, depending
on the scope of the changes.
2.EXPIRATION: The approval will expire two years from the approval date pursuant to
Section 29.20.320 of the Town Code, unless the approval has been vested.
3.OUTDOOR LIGHTING: Exterior lighting shall be kept to a minimum, and shall be down
directed fixtures that will not reflect or encroach onto adjacent properties. No flood lights
shall be used unless it can be demonstrated that they are needed for safety or security.
The lighting plan shall be reviewed during building plan check.
4.GENERAL: All existing trees shown on the plan and trees required to remain or to be
planted are specific subjects of approval of this plan, and must remain on the site.
5.EXTERIOR COLOR: All exterior materials of the house shall not exceed a light reflectivity
value of 30 and shall blend with the natural vegetation. Existing materials shall be painted
to comply with the light reflectivity value of 30. The paint color for the window frames,
trim, and gutters shall be approved by the Community Development Director prior to
building permit submittal.
6.SOLAR PRE-WIRE: Pursuant to the Hillside Development Standards & Guidelines and the
submittal materials for this application, the building plans must show that the home is
being pre-wired for photovoltaic installation at time of Building Permit submittal.
7.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 harmless the Town and its officials in any action brought by a third
party to overturn, 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, and may be secured to the satisfaction of the Town Attorney.
EXHIBIT 3
2
8.COMPLIANCE MEMORANDUM: A memorandum shall be prepared and submitted with
the building plans detailing how the Conditions of Approval will be addressed.
Building Division
9.PERMITS REQUIRED: A Building Permit is required for construction of the interior and
exterior alterations to the existing single-family residence and roof structure
modifications. This is a combination Building Permit which includes all required electrical,
mechanical, and plumbing work as necessary.
10.APPLICABLE CODES: The current codes as amended and adopted by the Town of Los Gatos
as of January 1, 2017, are the 2016 California Building, Electrical, Mechanical, Plumbing,
Fire, and Energy Codes and the 2016 California Residential Code and 2016 California
Green Building Standards Code – Mandatory Measures only.
11.CONDITIONS OF APPROVAL: The Conditions of Approval must be blue-lined in full on the
cover sheet of the construction plans. A Compliance Memorandum shall be prepared and
submitted with the building permit application detailing how the Conditions of Approval
will be addressed.
12.SIZE OF PLANS: Submit four sets of construction plans, minimum size 24” x 36”, maximum
size 30” x 42”.
13.TITLE 24 ENERGY COMPLIANCE: All required California Title 24 Energy Compliance Forms
must be blue-lined (sticky-backed) onto a sheet of the plans.
14.BACKWATER SEWER 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 and West Valley Sanitation District (WVSD) require backwater valves
on drainage piping serving fixtures that have flood level rims less than 12-inches above
the elevation of the next upstream manhole.
15.TOWN FIREPLACE STANDARDS: New wood burning fireplaces shall be an EPA Phase II
approved appliance or gas appliance per Town Ordinance 1905. Tree limbs shall be cut
within 10 feet of chimneys.
16.FIRE ZONE: All projects in the Town of Los Gatos require Class A roof assemblies.
17.SPECIAL INSPECTIONS: When a special inspection is required by CBC Section 1704, the
architect or engineer of record shall prepare an inspection program that shall be
submitted to Building Official for approval prior to issuance of the building permit. The
Town Special Inspection form must be completely filled out and signed by all requested
parties prior to permit issuance. Special Inspection forms are available from the Building
Division Service Counter or online at www.losgatosca.gov/building
18.BLUEPRINT FOR A CLEAN BAY SHEET: The Town standard Santa Clara County Valley
Nonpoint Source Pollution Control Program Sheet (24x36) shall be part of the plan
submittal as the second page. The specification sheet is available at the Building Division
Service Counter or ARC Blue Print for a fee or online at www.losgatosca.gov/building
19.APPROVALS REQUIRED: The project requires the following departments and agencies
approval before issuing a building permit:
a.Community Development – Planning Division: Ryan Safty at (408) 354-6802
b.Engineering/Parks & Public Works Department: Kevin Bagley at (408) 395-5340
3
c.Santa Clara County Fire Department: (408) 378-4010
d.West Valley Sanitation District: (408) 378-2407
TO THE SATISFACTION OF THE DIRECTOR OF PARKS AND PUBLIC WORKS:
Engineering Division
20.GENERAL: All work shall conform to the applicable Town ordinances. The adjacent public
right-of-way shall be kept clear of all job-related mud, silt, concrete, dirt and other
construction debris at the end of the day. Dirt and debris shall not be washed into storm
drainage facilities. The storing of goods and materials on the sidewalk and/or the street
will not be allowed unless an encroachment permit is issued by the Engineering Division of
the Parks and Public Works Department. The Owner and/or Applicant's representative in
charge shall be at the job site during all working hours. Failure to maintain the public
right-of-way according to this condition may result in the issuance of correction notices,
citations, or stop work orders and the Town performing the required maintenance at the
Owner and/or Applicant's expense.
21.APPROVAL: This application shall be completed in accordance with all of the conditions of
approval listed below and in substantial compliance with the latest reviewed and
approved development plans. Any changes or modifications to the approved plans or
conditions of approvals shall be approved by the Town Engineer.
22.RESTORATION OF PUBLIC IMPROVEMENTS: The Owner, Applicant and/or their
representative shall repair or replace all existing improvements not designated for
removal that are damaged or removed because of the Owner, Applicant and/or their
representative's operations. Improvements such as, but not limited to: curbs, gutters,
sidewalks, driveways, signs, pavements, raised pavement markers, thermoplastic
pavement markings, etc., shall be repaired and replaced to a condition equal to or better
than the original condition. Any new concrete shall be free of stamps, logos, names,
graffiti, etc. Any concrete identified that is displaying a stamp or equal shall be removed
and replaced at the Contractor’s sole expense and no additional compensation shall be
allowed therefore. Existing improvement to be repaired or replaced shall be at the
direction of the Engineering Construction Inspector, and shall comply with all Title 24
Disabled Access provisions. The Owner, Applicant and/or their representative shall
request a walk-through with the Engineering Construction Inspector before the start of
construction to verify existing conditions.
23.SITE SUPERVISION: The General Contractor shall provide qualified supervision on the job
site at all times during construction.
24.STREET CLOSURE: Any proposed blockage or partial closure of the street requires an
encroachment permit. Special provisions such as limitations on works hours, protective
enclosures, or other means to facilitate public access in a safe manner may be required.
25.PLANS AND STUDIES: Any studies imposed by the Planning Commission or Town Council
shall be funded by the Applicant.
26.CURB AND GUTTER REPAIR: The Owner and/or Applicant shall repair and replace to
existing Town standards any curb and gutter damaged now or during construction of this
project. All new and existing adjacent infrastructure must meet Town standards. New
4
curb and gutter shall be constructed per Town Standard Details. New concrete shall be
free of stamps, logos, names, graffiti, etc. Any concrete identified that is displaying a
stamp or equal shall be removed and replaced at the Contractor’s sole expense and no
additional compensation shall be allowed therefore. The limits of curb and gutter repair
will be determined by the Engineering Construction Inspector during the construction
phase of the project. The improvements must be completed and accepted by the Town
before a Certificate of Occupancy for any new building can be issued.
27.CONSTRUCTION VEHICLE PARKING: Construction vehicle parking within the public right-
of-way will only be allowed if it does not cause access or safety problems as determined
by the Town.
28.CONSTRUCTION HOURS: All construction activities, including the delivery of construction
materials, labors, heavy equipment, supplies, etc., shall be limited to the hours of 8:00
a.m. to 8:00 p.m., weekdays and 9:00 a.m. to 7:00 p.m. weekends and holidays. The Town
may authorize, on a case-by-case basis, alternate construction hours. The Owner and/or
Applicant shall provide written notice twenty-four (24) hours in advance of modified
construction hours. Approval of this request is at discretion of the Town.
29.CONSTRUCTION NOISE: 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 from the source. If the device is located
within a structure on the property, the measurement shall be made at distances as close
to twenty-five (25) feet from the device as possible. The noise level at any point outside
of the property plane shall not exceed eighty-five (85) dBA.
30.CONSTRUCTION MANAGEMENT PLAN SHEET: Prior to the issuance of any permits, the
Owner and/or Applicant’s design consultant shall submit a construction management plan
sheet (full-size) within the plan set that shall incorporate at a minimum the Project
Schedule, site security fencing, employee parking, construction staging area, materials
storage area(s), concrete washout(s) and proposed outhouse location(s). Please refer to
the Town’s Construction Management Plan Guidelines document for additional
information.
31.BEST MANAGEMENT PRACTICES (BMPs): The Owner and/or Applicant is responsible for
ensuring that all contractors are aware of all storm water quality measures and that such
measures are implemented. Best Management Practices (BMPs) shall be maintained and
be placed for all areas that have been graded or disturbed and for all material, equipment
and/or operations that need protection. Removal of BMPs (temporary removal during
construction activities) shall be replaced at the end of each working day. Failure to
comply with the construction BMP will result in the issuance of correction notices,
citations, or stop work orders.
32.SITE DESIGN MEASURES: All projects shall incorporate at least one of the following
measures:
a)Protect sensitive areas and minimize changes to the natural topography.
b)Minimize impervious surface areas.
c)Direct roof downspouts to vegetated areas.
d)Use landscaping to treat stormwater.
5
33.CONSTRUCTION ACTIVITIES: All construction shall conform to the latest requirements of
the CASQA Stormwater Best Management Practices Handbooks for Construction Activities
and New Development and Redevelopment, the Town's grading and erosion control
ordinance, and other generally accepted engineering practices for erosion control as
required by the Town Engineer when undertaking construction activities.
34.SITE DRAINAGE: Rainwater leaders shall be discharged to splash blocks. On-site drainage
systems for all projects shall include one of the alternatives included in section C.3.i of the
Municipal Regional NPDES Permit. No improvements shall obstruct or divert runoff to the
detriment of an adjacent, downstream or down slope property.
35.SILT AND MUD IN PUBLIC RIGHT-OF-WAY: It is the responsibility of Contractor and
homeowner to make sure that all dirt tracked into the public right-of-way is cleaned up on
a daily basis. Mud, silt, concrete and other construction debris SHALL NOT be washed into
the Town’s storm drains.
36.GOOD HOUSEKEEPING: Good housekeeping practices shall be observed at all times during
the course of construction. All construction shall be diligently supervised by a person or
persons authorized to do so at all times during working hours. The Owner and/or
Applicant's representative in charge shall be at the job site during all working hours.
Failure to maintain the public right-of-way according to this condition may result in
penalties and/or the Town performing the required maintenance at the Owner and/or
Applicant 's expense.
37.COVERED TRUCKS: All trucks transporting materials to and from the site shall be covered.
TO THE SATISFACTION OF THE SANTA CLARA COUNTY FIRE DEPARTMENT:
38.Review of this Developmental proposal is limited to acceptability of site access, water
supply and may include specific additional requirements as they pertain to fire
department operations, and shall not be construed as a substitute for formal plan review
to determine compliance with adopted model codes. Prior to performing any work, the
applicant shall make application to, and review from, the Building Department all
applicable construction permits.
39.As the existing building is equipped with an approved residential fire sprinkler system, the
system shall be modified to accommodate the new building design. The applicant shall
include a note to this effect on the building permit plan set.
N:\DEV\CONDITIONS\2018\16135 Cerro Vista - PC conditions.docx
18 January 2018
Planning Department
Town of Los Gatos
110 East Main Street
Los Gatos, California 95030
Re : Floor Area Exception Memorandum for 16135 Cerro Vista Drive
Ryan Safty;
The following list details compliance with the conditions of approval outlined for an exception to
maximum floor area in Section IV, Part 3, of the Town of Los Gatos Hillside Development
Standards and Guidelines:
1. "The development will not be visible from any of the established viewing platforms (see
glossary for definition of visible home)."
a. Please refer to the View Analysis Memo included in this submission.
2. "There will be no significant impacts on protected trees, wildlife habitat or movement
corridors. 11
a. No trees are impacted whatsoever by this design.
3. ''Any grading necessary to accommodate the building area that exceeds the allowed FAR
or an accessory building will be minimized."
a. No grading is necessary for this design.
4. ''All standards and applicable guidelines are being met. 11
ill. Site Planning
A Grading
a. No proposed changes to grading.
B. Drainage
a. No proposed changes to drainage.
C. Driveways
a. No proposed changes to driveways.
D. Safety
a. No impact to geologic or fire safety.
IV. Development Intensity
A Maximum Allowable Development
DESIGNERS OF FINE HOMES
761 UNIVERSITY AVENUE, SUITE A, LOS GATOS, CALIFORNIA 95032 TEL: (408)356-5500
WWW.FLURYBRYANT.COM
EXHIBIT 4
a. The increase to floor area ratio is .000254%. On the coversheet, the total is
rounded to the nearest tenth of <l percent, so both the proposed and
existing FAR appear as 0.02%.
b. The owner is requesting a floor area exception to the maximum allowable
floor area of 6,000 SF.
B. Exclusions from allowed floor area.
a. The house has an existing garage and cellar that have been subtracted
from the gross floor area calculations on sheet 1.
C. Exceptions to maximum floor area.
a. As indicated in this memorandum.
V. Architectural Design
A Design Objectives
a. The proposed addition has been designed along the city guidelines to the
extent that is feasible given the existing conditions of the building.
B. Design to be neighbor friendly.
a. The property is centrally located on a 10-acre lot and there are no privacy
concerns with neighbors that will be affected by these proposed changes.
C. Design for sustainability.
a. The existing building has been designed for Title-24 compliance and the
proposed work will meet or exceed those requirements.
b. The proposed changes have no impact on passive heating or landscaping.
D. Design for Fire Safety.
a. Exterior materials and roofing are all non-combustible materials and the
house is equipped with a fire suppression system that will be extended to
the new bathroom.
E. Building Height
a. The proposed roof over the bathroom is an extension of the existing roof
and its highest point will be lower than the surrounding existing roof
areas. Please refer to the building height exception memo for additional
information.
F. Minimize building bulk and mass
a. The existing building is oriented parallel with the ridge and the proposed
changes fit inside the existing building footprint.
G. Roofs
a. The proposed changes have very little impact on the overall roof profile or
design and are in line with the guidelines set forth by the town.
H. Architectural Elements
a. The proposed changes do not include any new architectural elements.
I. Materials and colors
a. In order to maintain design continuity, the proposed changes will match
all existing building materials and colors. The white trim, gutters and
windows on the entire residence will be repainted to meet the standards
set forth by the Town.
2
Site Elements
J. Fences <md WCJlls
a. No proposed changes to fences and walls.
K. Driveway Entries
a. No proposed changes to driveway entry.
L. Retaining walls
a. No proposed changes to retaining walls.
M. Outdoor Lighting
a. Existing exterior light fixtures will be relocated for reuse and are
downward facing and shielded.
N. Accessory Buildings, pools and sports courts.
a. No proposed changes to these site elements.
0. Impervious Surfaces
a. No impervious surfaces are included in the proposed design.
VI. Landscape Design
A. Landscape Design Concepts
a. No proposed changes to landscaping.
B. Plant Material
a. No proposed changes to plants.
D. Tree Preservation
a. No trees are affected by the proposed design.
5. "Compliance to Title 24 Energy Efficiency Standards are shown using computer methods.
The compliance margin must be at least 10.0:"
a. All work will meet or exceed the Title 24 Energy Efficiency standards by 10%.
6. "The house will be pre-wired for future photovoltaic (PV) installation."
a. It is the owner's intent to install photovoltaic panels at a later date and the pre-
wire wil! be included in this design.
7. "A minimum of 2596 of hardscape material is permeable (certain types of interlocking
pavers, grasscrete, pervious concrete, etc.)."
a. No impervious surfaces are included in the proposed design.
8. ''A significant cellar element is included in the design, unless it conflicts with other
standards."
a. Only the second floor is being remodeled. The house has an existing 497 SF
cellar.
9. There will not be a significant visual impact to neighboring properties.
a. The house is centrally located on a 10-acre lot. There will be no visual impact to
neighbors.
Thank you for your consideration. Should you have any questions or require any additional
documentation, please do not hesitate to call on me.
Sincerely,
Todd Bayless
3
2 January 2018
Planning Department
Town of Los Gatos
110 East Main Street
Los Gatos, California 95030
" '• . ·~·· .. :1
• 1 ·~ ~
.• .
Re : Building Height Exception Memorandum for 16135 Cerro Vista Drive
Ryan Safty;
The proposed 113 SF master bathroom addition at the above-mentioned project will be covered
with a new roof. The existing roof is approximately 24' above finish floor and does not comply
with the maximum height of visible homes as set forth in Chapter V of the Los Gatos Hillside
Development Standards & Guidelines.
So that the addition will match the existing roof, we are requesting a building height exception
for the addition . It is our belief that this exception is justified for the following reasons :
1. The existing and proposed roof hei ght does not exceed the 25' maximum for non-visible
homes.
2. The existing and proposed height from lowest point to highest point of the building
does not exceed the 28' maximum for visible homes.
3. The building is not located on a si gnificant ridge and has no impact on the skyline. The
proposed addition increases overall building massing by just 0.3% as seen from the
viewing platform. Please refer to the View Analysis Memo for more a more detailed
descri ption.
4. The proposed roof will be seamlessly incorporated into the existing roof and match the
slope, contour, design, and height in every way.
Thank you for your consideration. Should you have any questions or require any additi onal
documentat ion, please do not hesitate to call on me.
Sincerely,
Todd Bayless
',• '·.
EXHIBIT 5
3 January 2018
Planning Department
Town of Los Gatos
110 East Main Street
Los Gatos, California 95030
Re: View Analysis Memorandum for 16135 Cerro Vista Drive
Ryan Safty;
The residence at 16135 Cerro Vista Drive is 79% visible from the viewing platform located at the
intersection of Blossom Hill Road and Los Gatos Boulevard. However, it is our belief that the
proposed addition has no impact on hillside visibility because the addition does not increase the
building footprint and is not located on a ridgeline that would impact the skyline.
Furthermore, the overall building visibility increases by just 0.3% as seen from the viewing
platform. Since the viewing platform is approximately 8000' from the subject residence, this
minor increase in building massing will be undiscernible to the naked eye. This is illustrated in
the attached Building Massing Analysis
Thank you for your consideration. Should you have any questions or require any additional
documentation, please do not hesitate to call on me.
Sincerely,
Todd Bayless
Dl:S!GN'~R3 C·f ff-.j._. Hui\tES
EXIDBIT 6
16135 Cerro Vista Drive
Building Massing Analysis
A. Existing Building Massing as seen from the Blossom Hill Viewing Platform
B. Proposed Building Massing as seen from the Blossom Hill Viewing Platform
C. Existing Building Massing CA) Superimposed over Proposed Massing (8)
16135 Cerro Vista Dr.
Photo #1 -No Zoom
Looking South-East from viewing platform at
~~_,::.,.;.. __ .,.;;. _______ 1 intersection of Los Gatos Blvd and Blossom Hill Rd .
16135 Cerro Vista Dr .
Photo #2 -20x Zoom
Looking South-East from viewing platform at
intersection of Los Gatos Blvd and Blossom Hill Rd.
16135 Cer.ro Vista Dr.
Photo #1 • No Zoom
Looking East from viewing platform at Highway 9
overpass of Highway 17.
Approximate vlc l!)lty o
8Ub)ed flTOP9'1Y (16135
Cerro Vista Or )
16 October 2017
Planning Department
Town of Los Gatos
110 East Main Street
Los Gatos, Californi a 95030
Re: Written Description of Proposed Project for 16135 Cerro Vista Drive
To Whom It May Concern,
The above-mentioned project proposes a remodel and 113 square foot addition to the second
floor Master Bedroom suite of an existing two story single family residence on a 10.2-acre
hillside lot. An extension of the existing roof with vaulted interior cei lings will be added to cover
the new bathroom. New windows and doors will be added to serve the exterior of the Master
Bedroom suite. New exterior materials and lighting will match the existing build ing.
This additional square footage extends over the existing Living Room; thus, the exi sting building
footprint will not be changed and no grading, landscaping tree removal, or other sitework will
be a part of this scope.
Thank you for your consideration of this application. Should you have any questions or require
any additional documentation, please do not hesitate to call on me.
------
REce1vEo
ocr te ?011
TO l/t,N OF PLAJvN1NJgfv~f6~s
EXIIlBIT 7
761 Ul\11\·ERSrl)' AVENL'E, SlilTE '\, lUS G.\TOS, c:.LIFOR' .. !i.\ 95032 T;.!l; (-1'.hl}156-:.;5no
\ \ v'', ,.fLlJr-Y -;l<'.'.\>;1 .CO:.:
2 January 2018
Planning Department
Town of Los Gatos
110 East Main Street
Los Gatos, California 95030
Re : Justification Letter for 16135 Cerro Vi sta Drive
To Whom It May Concern,
The above referenced project submitted for Development Review includes added floor area to
allow for the reconfiguration of the second floor Master Bedroom Suite. This added floor area
increases the liveable area of the home to 6,097 SF which exceeds the maximum allowable floor
area set forth by the Hillside Development Standards.
It is our belief that this floor area exception is justified because of the following circumstances:
a. The strict application of the zoning regulations deprives the property of the privileges
enjoyed by other properties in the vicinity and under identical zone classifications.
b . The natural appearance and topography of the hillside is maintained because the
proposed change effects only the second floor and fits within the existing building
footprint.
c. The building massing increases by just 0.3% as seen from the viewing platform. This
increase will not be visible to the naked eye since the residence is nearly 8000' from the
viewing platform.
d. The views enjoyed by neighbors will be unaffected because the house is centered on a
10.2 acre lot.
Thank you for your consideration of this application. Should you have any questions or require
any additional documentation, please do not hesitate to call on me.
Sincerely,
Todd Bayless
ii
1
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EXHIBIT 8
Planning Commission Hearing
Town of Los Gatos
110 E. Main Street
Los Gatos, CA 95032
RE: Architecture and Site Application S-17-044For16135 Cerro Vista Drive
Dear Planning Commission Members:
I have reviewed the drawings associated with the above referenced application prepared by
Flury Bryant Design Group, Inc., dated 11/21/17. As a neighboring property owner, I support
this application.
Sincerely,
Name: 12' "'r fk.._
Date: } Ip 1 /:;.o 17
Address: '"~3 ~ [}~ ~ cJh
ibJ 9~~1 ~ f.S7J3z_
EXKISl:t' 9
Planning Commission Hearing
Town of Los Gatos
110 E. Main Street
Los Gatos, CA 95032
RE: Architecture and Site Application S-17-044 For 16135 Cerro Vista Drive
Dear Planning Commission Members:
I have reviewed the drawings associated with the above referenced application prepared by
Flury Bryant Design Group, Inc., dated 11/21/17. As a neighboring property owner, I support
this application.
Address: J. BERTOLOTTI
rso BROOKE ACRES DR.
LOS GA7~ CA 950:12-6454
Planning Commission Hearing
Town of Los Gatos
110 E. Main Street
Los Gatos, CA 95032
RE: Architecture and Site Application 5-17-044For16135 Cem> Vista Drive
Dear Planning Commission Members:
I have reviewed the drawings associated with the above referenced application prepared by
Flury Bryant Design Group, Inc ., dated 11/21/17. As a neighboring property owner, I support
this application.
Sincerely,
~l
Name: {'(I 0 K fl I A [) p,... 4 " 0 n {;· J2_ 1 0 A N '1' .r
Da t e : 1 ·i] 3 i J 7-
Address : I J... 0
Lo!> <;P.To~ CA '1 f"0~2-
Planning Commission Hearing
Town of Los Gatos
110 E. Main Street
Los Gatos, CA 95032
RE: Archltedure and Site Application S-17-044For16135 Cerro Vista Drive
Dear Planning Commission Members:
I have reviewed the drawings associated with the above referenced application prepared by
Flury Bryant Design Group, Inc., dated 11/21/17. As a neighboring property owner, I support
this application .
Sincerely,
Name: Er v1
1
t..J A . S rn ,(ft,
Date: / :;._/ c../) 1
Address : I b o ~ s-{! e l/""V'O V: ~(<_ ~",
)os G'~s (A 7.s-0 s;;i_
I
Planning Commission Hearing
Town of Los Gatos
110 E. Main Street
Los Gatos, CA 95032
RE: Architecture and Site Application 5-17-044 For 16135 Cerro Vista Drive
Dear Planning Commission Members:
I have reviewed the drawings associated with the above referenced application prepared by
Flury Bryant Design Group, Inc., dated ll/21/17. As a neighboring property owner, I support
this application .
Sincerely,
Name:
Date:
/I. ~ L. ;Uol/onr
he-~? :Lo17
Address : I~ /ar eerro
ltJs. 6' a ~.r
I
flt~ 1>1
<hf 9.£-og~
±
±
1
REVISIONS BY
SHEET:
JOB NO:
SCALE:
DATE:
CHECKED BY:
DRAWN BY:DESIGNERS OF FINE HOMES761 UNIVERSITY AVENUE, SUITE A, LOS GATOS, CALIFORNIA 95032TEL: 408.356.5500 FAX: 408.356.5115OF SHEETS
EXHIBIT 10
REVISIONS BY
SHEET:
JOB NO:
SCALE:
DATE:
CHECKED BY:
DRAWN BY:DESIGNERS OF FINE HOMES761 UNIVERSITY AVENUE, SUITE A, LOS GATOS, CALIFORNIA 95032TEL: 408.356.5500 FAX: 408.356.5115OF SHEETS
2
N
REVISIONS BY
SHEET:
JOB NO:
SCALE:
DATE:
CHECKED BY:
DRAWN BY:DESIGNERS OF FINE HOMES761 UNIVERSITY AVENUE, SUITE A, LOS GATOS, CALIFORNIA 95032TEL: 408.356.5500 FAX: 408.356.5115OF SHEETS
3N
N
REVISIONS BY
SHEET:
JOB NO:
SCALE:
DATE:
CHECKED BY:
DRAWN BY:DESIGNERS OF FINE HOMES761 UNIVERSITY AVENUE, SUITE A, LOS GATOS, CALIFORNIA 95032TEL: 408.356.5500 FAX: 408.356.5115OF SHEETS
4
N N
REVISIONS BY
SHEET:
JOB NO:
SCALE:
DATE:
CHECKED BY:
DRAWN BY:DESIGNERS OF FINE HOMES761 UNIVERSITY AVENUE, SUITE A, LOS GATOS, CALIFORNIA 95032TEL: 408.356.5500 FAX: 408.356.5115OF SHEETS
5
REVISIONS BY
SHEET:
JOB NO:
SCALE:
DATE:
CHECKED BY:
DRAWN BY:DESIGNERS OF FINE HOMES761 UNIVERSITY AVENUE, SUITE A, LOS GATOS, CALIFORNIA 95032TEL: 408.356.5500 FAX: 408.356.5115OF SHEETS
6
REVISIONS BY
SHEET:
JOB NO:
SCALE:
DATE:
CHECKED BY:
DRAWN BY:DESIGNERS OF FINE HOMES761 UNIVERSITY AVENUE, SUITE A, LOS GATOS, CALIFORNIA 95032TEL: 408.356.5500 FAX: 408.356.5115OF SHEETS
7