17400 Phillips Ave - Staff Report and Exhibits 1-6
PREPARED BY: ERIN WALTERS
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: 08/23/2017
ITEM NO: 3
DATE: AUGUST 18, 2017
TO: PLANNING COMMISSION
FROM: JOEL PAULSON, COMMUNITY DEVELOPMENT DIRECTOR
SUBJECT: ARCHITECTURE AND SITE APPLICATION S-16-072. PROJECT LOCATION:
17400 PHLLIPS AVENUE. APPLICANT: SERGIO RAMIREZ-BATIZ.
PROPERTY OWNER: JEFFEREY CASALE.
CONSIDER A REQUEST FOR APPROVAL FOR CONSTRUCTION OF A
SWIMMING POOL ON PROPERTY ZONED HR-2½ ON A SLOPE GREATER
THAN 20 PERCENT. APN 532-39-015.
DEEMED COMPLETE: JULY 18, 2017,
FINAL DATE TO TAKE ACTION: JANUARY 18, 2018
RECOMMENDATION:
Approval, subject to conditions.
PROJECT DATA:
General Plan Designation: Hillside Residential
Zoning Designation: HR-2½
Applicable Plans & Standards: Hillside Specific Plan; Hillside Development Standards &
Guidelines
Parcel Size: 3.99 acres
Surrounding Area:
Existing Land Use General Plan Zoning
North Residential Hillside Residential HR-2½
South Residential Hillside Residential HR-2½
East Residential Hillside Residential HR-2½
West Residential Hillside Residential HR-2½
PAGE 2 OF 6
SUBJECT: 17400 PHILLIPS AVENUE/ S-16-072
DATE: AUGUST 18, 2017
N:\DEV\PC REPORTS\2017\Phillips Ave 17400_ 08-23-17 [A&S].docx 8/17/2017 9:11 AM
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 that the project complies
with the Hillside Development Standards and Guidelines.
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 approximately 1,000 feet east of Cypress Way on Phillips Avenue (see
Exhibit 1). The lot is approximately 3.99 acres with an existing two-story residence, a detached
garage, and a detached accessory dwelling unit.
An Architecture and Site application is required for any project requiring issuance of a grading
permit.
The project is being forwarded to the Planning Commission because the project would result in
a pool located on an existing slope greater than 20 percent.
PROJECT DESCRIPTION:
A. Location and Surrounding Neighborhood
The subject site is located approximately 1,000 feet east of Cypress Way on Phillips Avenue
(see Exhibit 1). Surrounding properties contain single-family residences.
PAGE 3 OF 6
SUBJECT: 17400 PHILLIPS AVENUE/ S-16-072
DATE: AUGUST 18, 2017
N:\DEV\PC REPORTS\2017\Phillips Ave 17400_ 08-23-17 [A&S].docx 8/17/2017 9:11 AM
B. Architecture and Site Application
The applicant is proposing a swimming pool to be located on an existing slope that greater
than 20 percent. The swimming pool is proposed be located in the rear yard behind the
main residence. The applicant has provided a letter of justification for the proposed
swimming pool and landscape improvements (Exhibit 4). The dimensions of the proposed
swimming pool would be approximately 55 feet by 20 feet. The project additionally
proposes a small artificial beach, an area for a ping pong court, a wooden trellis, and
retaining walls less than five feet in height clad in natural stone veneer (Exhibit 6).
C. Zoning Compliance
The proposed project complies with the zoning code including the setback requirements.
The zoning permits a swimming pool.
DISCUSSION:
A. Swimming Pool
The property is subject to the Hillside Development Standards and Guidelines (HDS&G). The
Planning Commission is reviewing the proposed project because the project would result in
a swimming pool located on an existing slope that is greater than 20 percent.
Area of Least Restrictive Development
The HDS&G requires that each development application identify and map the Area(s) of
Least Restrictive Development (LRDA). This is to identify the most appropriate area or areas
on the lot for locating buildings in the least constrained areas. One of the elements in
determining the LRDA is topography with slopes less than 30 percent. Additionally the
HDS&G Standards prohibit swimming pools on slopes greater than 30 percent.
The applicant identified the site’s LRDAs in a constraints analysis of the site (Exhibit 6, Sheet
4). The applicant identified an area located behind the main residence as the most
favorable site for the pool and landscape improvements. The proposed swimming pool
location would be located within the site’s LRDAs, in an area with an existing slope less than
30 percent (28 percent), with no impacts to any trees (see Tree Impact section below). In
addition the proposed swimming pool location would be located outside of the required
setbacks.
PAGE 4 OF 6
SUBJECT: 17400 PHILLIPS AVENUE/ S-16-072
DATE: AUGUST 18, 2017
N:\DEV\PC REPORTS\2017\Phillips Ave 17400_ 08-23-17 [A&S].docx 8/17/2017 9:11 AM
B. Retaining Walls
The proposed retaining walls, located within the LRDA, would be a maximum of three feet
in height meeting the requirements of the HDS&G and are proposed to be clad in natural
stone veneer (Exhibit 6).
C. Stream Setback
The applicant is proposing a 25-foot setback from the top of bank, adjacent to an
ephemeral stream. The proposed setback conforms to the Guidelines and Standards for
Land Use Near Streams which recommends a 20 to 25-foot setback from top of bank with
an additional five feet of setback for parcels larger than 10,000 square feet. For the
project’s 3.99 acre parcel, the recommended setback for the proposed improvements is 25
to 30 feet.
D. Grading/Geotechnical Review
The proposed project meets the HDS&G grading standards and guidelines (Exhibit 5). The
proposed swimming pool, retaining walls, and landscaping areas meet the HDS&G
maximum cut and fill depths located in Table 1 of the HDS&G (page 17).
The applicant submitted geologic investigations that were peer reviewed by the Town’s
Geotechnical Consultant. The average slope of the entire property is 32 percent. Although
the site is sloped, the Town’s Geotechnical Consultant concluded that development of the
site is feasible from a geologic and geotechnical engineering viewpoint. Conditions of
approval requiring compliance with the geotechnical recommendations have been included
in Conditions of Approval #42, 43, and 44 (Exhibit 3).
E. Tree Impacts
The project site was reviewed by the Town Arborist. The proposed project protects and
retains all protected trees on-site. Tree protection measures are incorporated as Condition
of Approval #4 and 6 (Exhibit 3) to protect trees remaining on the subject property within
the development area.
F. General Plan
The goals and policies of the 2020 General Plan applicable to this project include but are not
limited to:
Policy CD-1.2 – New structures, remodels, landscapes, and hardscapes shall be designed
to harmonize and blend with the scale and rhythm of the neighborhood and natural
features in the area.
PAGE 5 OF 6
SUBJECT: 17400 PHILLIPS AVENUE/ S-16-072
DATE: AUGUST 18, 2017
N:\DEV\PC REPORTS\2017\Phillips Ave 17400_ 08-23-17 [A&S].docx 8/17/2017 9:11 AM
Goal CD-14 – To preserve the natural topography and ecosystems within the hillside
area by regulating grading, landscaping, and lighting.
G. 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 discussed the project with t heir adjacent
neighbors and they expressed no objections. At the time of this report’s preparation, the Town
has not received any public comment.
Exhibit 5 includes public comment received by 11:00 a.m., Friday August 18, 2017.
CONCLUSION:
A. Summary
The proposed project complies with the zoning code requirements and the HDS&G. The
project locates the proposed pool and landscape improvements within the LRDA on an
existing slope less than 30 percent with no impacts to any trees.
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 findings that the project complies with the Hillside Development Standards
and Guidelines (Exhibit 2);
3. Make the finding that the project complies with the Hillside Specific Plan (Exhibit 2); and
4. Make the required considerations as required by Section 29.20.150 of the Town Code
for granting approval of an Architecture & Site application (Exhibit 2); and
5. Approve Architecture and Site Application S-16-072 with the conditions contained in
Exhibit 3 and development plans attached as Exhibit 6.
PAGE 6 OF 6
SUBJECT: 17400 PHILLIPS AVENUE/ S-16-072
DATE: AUGUST 18, 2017
N:\DEV\PC REPORTS\2017\Phillips Ave 17400_ 08-23-17 [A&S].docx 8/17/2017 9:11 AM
C. Alternatives
Alternatively, the Commission can:
1. Continue the matter to a date certain with specific direction; or
2. Approve the application with additional and/or modified conditions; or
3. Deny the application.
EXHIBITS:
1. Location Map
2. Findings (one page)
3. Recommended Conditions of Approval (nine pages)
4. Applicant’s Letter of Justification, received on April 27, 2017 (three pages)
5. Public comments received by 11:00 a.m., Friday, August 18, 2017
6. Development Plans, received July 18, 2017 (ten pages)
Distribution:
Sergio Ramirez-Batiz, 16½ Chestnut Avenue, Los Gatos, CA 95030
Jeffrey Casale, 17400 Phillips Avenue, Los Gatos, CA 95032
17400 Phillips Avenue
EXIDBIT 1
This Page
Intentionally
Left Blank
PLANNING COMMISSION -August 23, 2017
REQUIRED FINDINGS & CONSIDERATIONS FOR:
17400 Phillips Avenue
Architecture and Site Application S-16-072
Requesting approval to construct a swimming pool on property zoned HR-21/z on a
slope greater than 20 percent. APN 532-39-015.
PROPERTY OWNER: Jeffrey Casale
APPLICANT: Sergio Ramirez-Batiz
FINDINGS
Required finding for 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.
Required compliance with Hillside Development Standards & Guidelines:
• The project is in compliance with the Hillside Development Standards & Guidelines in
general, and with grading, geotechnical hazards, in particular.
Compliance with Hillside Specific Plan:
• The project is in compliance with the Hillside Specific Plan in that the site i s developed as a
si ngle-family re si dence on an existing parcel. The proposal i s consistent with the
development criteria included in the Plan .
CONSIDERATIONS
Required 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.
N :\DEV\FI NDING S\2016\PHI LLIP SAVEl 7400. DOCX EXHIBIT 2
This Page
Intentionally
Left Blank
PLANNING COMMISSION -August 23, 2017
CONDITIONS OF APPROVAL
17400 Phillips Avenue
Architecture and Site Application S-16-072
Requesting approval to construct a swimming pool on property zoned HR-21/z on a
slope greater than 20 percent. APN 532-39-015.
PROPERTY OWNER: Jeffrey Casale
APPLICANT: Sergio Ramirez-Batiz
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 and in substantial compliance with the approved plans . Any changes or
modifications to the approved plans and/or business operation shall be approved by the
Community Development Director, DRC or the Planning Commi ss ion depending on the
sco pe 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 sec urity.
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. TREE REMOVAL PERMIT : A Tree Removal Permit shall be obtained for any protected trees
to be removed, prior to the issuance of a building or grading permit.
6. TREE FENCING: Protective tree fencing shall be placed at the drip line of existing trees and
shall remain through all phases of construction . Fencing shall be six foot high cyclone
attached to two-inch diameter stee l 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.
7. REPLACEMENT TREES : New trees shall be planted to mitigate the los s of trees being
removed. The number of trees and size of replacement trees shall be determined using
the canopy replacement table in the Town Code . Town Code requires a minimum 24-inch
box size replacement tree. New trees shall be double staked with rubber ties and shall be
planted prior to final inspection and issuance of occupancy permits.
8. WATER EFFICIENCY LANDSCAPE ORDINANCE : The final landsca pe plan shall meet the
Town of Lo s Gatos Water Conservation Ordinance or the State Water Efficient Landscape
Ordinance, whichever i s more restrictive. A review fee based on the current fee sc hedule
adopted by the Town Council is required when working landsca pe and irrigation plan s are
submitted for review.
EXIIlBIT 3
9. FRONT YARD LANDSCAPE : Prior to issuance of a Certificate of Occupancy the front yard
must be landscaped .
10. 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 expres sly set
forth in the approval, and may be secured to the satisfaction of the Town Attorney.
11. COMPLIANCE MEMORANDUM: A memorandum shall be prepared and submitted with the
building plans detailing how the Conditions of Approval will be addressed .
Building Division
12. PERMITS REQUIRED: A Building Permit shall be required for the construction of the trellis
and pool. Separate permits are required for electrical, mechanical, and plumbing work as
nece ss ary .
13. CONDITIONS OF APPROVAL : The Condition s 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 Condition s of Approval
will be addressed.
14. SIZE OF PLANS: Four sets of construction plans, minimum size 24" x 36 ", ma ximum size
30" x 42".
15. SOILS REPORT: A Soils Report, prepared to the satisfaction of the Building Official ,
containing foundation and retaining wall de sign recommendati on s, shall be subm itted
with the Building Permit Application. This report shall be prepared by a licensed Civil
Engineer specializing in soils mechanics.
16. FOUNDATION INSPECTIONS : A pad certificate prepared by a licensed civil engineer or
land surveyor shall be submitted to the project building inspector at foundation
inspection . This certificate shall certify compliance with the recommendation s as
specified in the soils report, and that the building pad elevation and on-site retaining wall
locations and elevations have been prepared according to the approved plan s. 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 . Fini sh floor elevation
c. Foundation corner locations
d. Retaining Walls
17 . TOWN FIREPLACE STANDARDS: New wood burning fireplace s shall be an EPA Phase II
approved appliance as per Town Ordinance 1905. Tree limbs shall be cut within 10-feet of
Chimney.
18. HAZARDOUS FIRE ZONE : The project require s a Class A Roof assembly.
19. WILDLAND -URBAN INTERFACE: This project is located in a Wildland-Urban Interface Fire
Area and must comply with Section R337 Materials and Con struction Methods fo r Exterior
Wildfire Exposure of the 2016 California Residential Code .
20. PROVIDE DEFENSIBLE SPACE/FIRE BREAK LANDSCAPING PLAN : Prepared by a California
licensed Architect or Landscape Architect in conformance with California Public Resources
Code 4291 and California Government Code Section 51182 .
21. PRIOR TO FINAL INSPECTION : Provide a letter from a California licensed Architect or
Land scape Architect certifying the landscaping and vegetation clearance requirements
have been completed per the California Public Re sources Code 4291 and Government
Code Se ction 51182.
22 . BLUE PRINT FOR A CLEAN BAY SHEET : The Town standard Santa Clara County Valley
Non point 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 for a fee of $2 or at ARC Blue Print for a fee or on line at
www.losgatosca .gov/building.
23. APPROVALS REQUIRED : The project requires the following departments and agencies
approval before issuing a building permit:
a. Community Development -Planning Divi sion : Erin Walters (408) 354-6867
b . Engineering/Parks & Public Works Department: Mike Weisz (408) 395-3543
c. Santa Clara County Fire Department: (408) 378-4010
d. We st Valley Sanitation District: (408) 378-2407
e. Local School District: The Town will forward the paperwork to the appropriate school
district(s) for processing. A copy of the paid receipt is required prior to permit
issuance.
TO THE SATISFACTION OF THE DIRECTOR OF PARKS AND PUBLIC WORKS :
Engineering Division
24. 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 debri s shall not be washed into storm
drainage facilities. The storing of goods and materials on the street will not be allowed
unle ss an encroachment permit is issued by the Engineering Divi sion of the Parks and
Public Works Department. The Owner, Applicant, and/or their representative in charge
shall be at the job site during all working hours. Failure to maintain the public right-of-
way according to thi s condition may result in the i ssuance of correction notices, citation s,
or stop work orders and the Town performing the required maintenance at the
Developer's expen se.
25 . APPROVAL : Thi s application shall be completed in accordance with all of the conditions of
approval li sted below and in substantial compliance with the latest reviewed and
approved development plans . Any changes or modification s to the approved plan s or
condition s of approval s shall be approved by the Town Engineer.
26. ENCROACHMENT PERMIT: All work in the public right-of-way will require a Con struction
Encroachment Permit. All work over $5,000 will require construction security. It is the
re spon sibility of the Applicant/Owner to obtain any necessary encroachment permits
from affected agencies and private parties, including but not limited to, Pacific Gas and
Electric (PG&E), AT&T, Comca st, Santa Clara Valley Water District, California Department
of Transportation (Caltrans). Copies of any approvals or permits must be submitted to the
Town Engineering Division of the Parks and Public Works Department prior to releasing
any permit.
27. PRIVATE IMPROVEMENTS IN THE PUBLIC RIGHT-OF-WAY (INDEMNITY AGREEMENT): The
property owner shall enter into an agreement with the Town for all existing and proposed
private improvements within the Town's right-of-way. The Owner shall be solely
responsible for maintaining the improvements in a good and safe condition at all times
and shall indemnify the Town of Los Gatos. The agreement must be completed and
accepted by the Director of Parks and Public Works, and subsequently recorded by the
Town Clerk at the Santa Clara County Office of the Clerk-Recorder, prior to the issuance of
any permits. Please note that this process may take approximately four (4) weeks .
28. PUBLIC WORKS INSPECTIONS: The Applicant/Owner or their representative shall notify
the Engineering Inspector at least twenty-four (24) hours before starting any work
pertaining to on-site drainage facilities, grading, and all work in the Town's right-of-way.
Failure to do so will result in penalties and rejection of work that went on without
inspection.
29. RESTORATION OF PUBLIC IMPROVEMENTS : The Applicant/Owner or their representative
shall repair or replace all existing improvements not designated for removal that are
damaged or removed because of their operations. Improvements such as, but not limited
to: 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. The Applicant/Owner or their representative shall request a walk-through
with the Engineering Construction Inspector before the start of construction to verify
existing conditions.
30. 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 .
31. PLAN CHECK FEES : Plan check fees shall be deposited with the Town prior to plan review
at the Engineering Division of the Parks and Public Works Department.
32. INSPECTION FEES: Inspection fees shall be deposited with the Town prior to the issuance
of any permits.
33. PLANS AND STUDIES: All required plans and studies shall be prepared by a Registered
Professional Engineer in the State of California, and submitted to the Town Engineer for
review and approval. Additionally, any studies imposed by the Planning Commis sion or
Town Council shall be funded by the Applicant.
34. GRADING PERMIT: A grading permit is required for all site grading and drainage work
except for exemptions listed in Section 12.20.015 of The Code of the Town of Los Gatos
(Grading Ordinance). The grading permit application (with grading plans) shall be made to
the Engineering Division of the Parks and Public Works Department located at 41 Miles
Avenue. The grading plans shall include final grading, drainage, retaining wall location(s),
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). Prior to Engineering signing off and closing out on the is sued grading permit,
the Owner/Applicant's soil s engineer shall verify, with a stamp ed and signed letter, that
th e gradin g act ivities were completed per plan s and per the requirement s as noted in the
soils report. A separate building permit, issued by the Building Department on E. Main
Street, is ne ed ed for grading with i n the building footprint.
35 . GRADING ACTIVITY RESTRICTIONS : Upon receipt of a grading permit, any and all grading
act ivitie s and operation s shall not commence until after the rainy season , as defined by
Town Code of the Town of Los Gatos, Sec . 12.10.020, (October 15-April 15), has ended.
36. COMPLIANCE WITH HILLSIDE DEVELOPMENT STANDARDS AND GUIDELINES : All grading
activitie s and operation s shall be in compliance with Section Ill of the Town 's Hillside
Development Standard s and Guidelines. All development shall be in compliance with
Section II of the Town's Hillside Development Standards and Guidelines .
37. DRAINAGE IMPROVEMENT : Prior to the issuance of any grading/improvement permits,
whichever comes first, the Applicant shall : a) de sign provisions for surface drainage; and
b) de sign all neces sary storm drain facilities extending to a satisfactory point of di sposal
for the proper control and disposal of storm runoff; and c) provide a recorded copy of any
r e qu i red ea sements to the Town .
38 . SURVEYING CONTROLS : Horizontal and vertical controls shall be set and certified by a
licensed surveyor or regi stered civil engineer qualified to practice land surveying, for the
following items :
a. Retaining wall : top of wall elevations and location s.
b . Toe and top of cut and fill slopes.
39 . PRECONSTRUCTION MEETING : Prior to iss uance of any perm it or the commencement of
any site work, the general contractor shall:
a. Along with the project applicant, attend a pre-con struction meetin g with the
Engine e rin g In spe ctor to di scu ss the project conditions of approval , working hours,
site mainte nance and other con struction matters;
b . Acknowled ge in writing that they have read and understand the project conditions of
approval and will make certain that all project sub-contractors have read and
understand them as well prior to commencin g any work, and that a copy of the
project condition s of approval will be po sted on-site at all times during con struction .
40. RETAINING WALLS : A building permit, i ss ued by the Building Department at 110 E. Main
Street, may be required for site retaining walls. Walls are not reviewed or approved by the
Engine e ring Divi sion of Park s and Public Works during the grading permit plan review
process.
41 . SOILS REPORT : One copy of the soils and geologic report shall be submitted with the
application . The soil s report shall include specific criteria and standard s governing site
grading, drainage, pavement de sign , r etain i ng wall design, and erosion control. The
r eports shall be signed and "wet stamp ed" by the engineer or geologi st , in conformance
with Se ction 67 3 5 of th e California Busine ss and Profession s Code.
4 2. SOILS REVIEW: Prior to is suance of any permits, the Applicant's en gineers shall prepare
and submit a de sign -le vel geotechnical/geological investigation for review and approval
by the Town. Th e Appli cant's soil s engineer shall review the final grading and drainage
plan s to en sure that design s for foundation s, ret ainin g walls, site grading, a nd site
drainage are in accordance with their recomm e ndation s and the peer r eview comment s.
Approval of the Applicant's soils engineer shall then be conveyed to the Town either by
letter or by signing the plans.
43. SOIL RECOMMENDATIONS : The project shall incorporate the geotechnical/geological
recommendations contained in the Updated Final Report Geology and Geotechnical Study
by GeoEngineering Consultants, dated June 2017, and any subsequently required report
or addendum. Subsequent reports or addendum are subject to peer review by the Town 's
consultant and costs shall be borne by the Applicant.
44 . WATER DESIGN: In the event of any required improvements to the existing water service
and/or meter, water plans prepared by San Jose Water Company must be reviewed and
approved prior to issuance of any permit.
45 . WATER METER : The existing water meter, currently located w ithin the Phillips Avenue
right-of-way, shall be relocated within the property in question, directly behind the public
right-of-way line. The Applicant shall repair and replace to existing Town standards any
portion of concrete flatwork within said right-of-way that is damaged during this activ ity.
46. CONSTRUCTION STREET PARKING : No vehicle having a manufacture'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 to approval from the
Town Engineer.
47. HAULING OF SOIL : Hauling of soil on-or off-site shall not occur during the morning or
evening peak periods (between 7:00 a.m. and 9:00 a.m. and between 4:00 p.m. and 6:00
p .m.), and at other times as specified by the Director of Parks and Public Works. Prior to
the issuance of a building permit, the Developer shall work with the Town Building
Department and Engineering Division Inspectors to devise a traffic control plan to ensure
safe and efficient traffic flow under periods when soil is hauled on or off of the project
site .. This may include, but is not limited to provisions for the Developer/Owner to place
construction notification signs noting the dates and time of construction and hauling
activities, or providing additional traffic control. Coordination with other sig nificant
projects in the area may also be required . Cover all trucks hauling soil, sand and other
loose debris.
48. CONSTRUCTION HOURS : All site improvement construction activities, including the
delivery of construction materials, labors, heavy equipment, supplies, etc ., shall be lim ited
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 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 .
49. 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 di stances 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.
50. CONSTRUCTION MANAGEMENT PLAN SHEET: Prior to the is suance of any permits, the
Applicant shall submit a construction management plan sheet (full-size) within the plan
set that shall incorporate at a minimum the Earth Movement Plan, Project Schedule,
employee parking, construction staging area , materials storage area(s) and proposed
outhouse location(s). Plea se refer to the Town's Constr uct ion Management Plan
Guidelines document for additional information .
51 . BEST MANAGEMENT PRACTICES (BMPs): The Applicant is responsible for en suring that all
contractors are aware of all storm water qual ity measures and that such measures are
implemented. Best Management Practices (BMP s) shall be maintained and be placed for
all area s that have been graded or disturbed and for all material, equipment and/or
operation s 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 re sult in the iss uance of correction notices,
citations, or stop work orders.
52 . SITE DESIGN MEASURES: All projects shall incorporate at lea st one of the following
mea sures:
a. Protect se nsitive area s and minimize change s to the natural topography.
b . Minimize imperviou s surface areas.
c. Direct roof downspouts to vegetated areas.
d . Use porou s or perviou s pavement surfaces on the driveway, at a minimum.
e. Use land scaping to treat stormwater.
53. EROSION CONTROL: Interim and final erosion control plans shall be prepared and
submitted to the Engineering Division of the Parks and Public Works Department. A
maximum of two (2) weeks is allowed between clearing of an area and stabilizing/building
on an area if grading is allowed durin g the rainy se ason. Interim erosion control
mea sures, to be carried out during con struction and before in stallation of the final
land sc aping, shall be included. Interim erosion control method shall include, but are not
limited to : silt fences , fiber roll s (with locations and details), erosion control blankets,
Town standard se eding specification , filter berm s, check dams, retention ba sins, etc.
Provide erosion control mea sures as needed to protect down stream water quality during
winter months. The Town of Los Gatos Engineering Division of the Parks and Public Works
Department and the Building Department will conduct periodic NP DES in spection s of the
site throughout the recognized storm se ason to verify compliance with the Construction
General Permit and Stormwater ordinances and regulation s.
54. DUST CONTROL: Blowing du st shall be redu ced by timing con struction activities so that
paving and building construction begin as soon as po ss ible after completion of grading,
and by landsca pin g di sturbed soils as so on as possi ble . Further, water trucks shall be
prese nt and in use at the construction site . All portion s of the si te subject to blowing dust
sh all be watered as often as deemed nece ss ary by the Town, or a minimum ofthree (3)
times daily, or apply (non-toxic) so il stabilizers on all unpaved acc ess roads , parking areas,
and stag in g areas at construction sites in order to insure proper control of blowing du st
for the duration of the project. Watering on public streets shall not occur. Streets shall be
cleaned by street sw ee pers or by hand as often as deemed nece ss ary by the Town
Engineer, or at lea st once a day. Watering ass ociated with on-si te construction activity
shall t ake place between the hours of 8 a.m. and 5 p.m . and shall include at lea st one (1)
late-afternoon watering to minimize the effects of blowing du st . All public streets soi led
or littered du e to thi s construction ac tivity shall be cleaned and swe pt on a daily ba sis
during th e workweek to th e sa tisfaction of the Town . Demolition o r earthwork activities
shall be halted when wind speeds (instantaneous gusts) exceed twenty-five (25) miles per
hour (MPH). All trucks hauling soil, sand, or other loose debris shall be covered.
55. DETAILING OF STORMWATER MANAGEMENT FACILITIES: Prior to the issuance of any
permits, all pertinent details of any and all proposed stormwater management facilities,
including, but not limited to, ditches, swales, pipes, bubble-up s, dry wells, outfalls,
infiltration trenches, detention basins and energy dissipaters, shall be provided on
submitted plans, reviewed by the Engineering Division ofthe Parks and Public Works
Department, and approved for implementation.
56. CONSTRUCTION ACTIVITIES : All construction shall conform to the latest requirements of
the CASQA Stormwater Best Management Practices Handbooks for Construction Activities
and New Development and Redevelopment, the Town's grading and erosion control
ordinance, and other generally accepted engineering practices for erosion control as
required by the Town Engineer when undertaking construction activities.
57 . WATER FEATURES: New swimming pools shall have a connection to the sanitary sewer
system, subject to West Valley Sanitation District's authority and standards, to facilitate
draining events. Discharges from this feature shall be directed to the sanitary sewer and
are not allowed into the storm drain system.
58. SITE DRAINAGE: On-site drainage systems for all projects shall include one of the
alternatives included in section C.3.i of the Municipal Regional NP DES Permit. These
include storm water reuse via cisterns or rain barrels, directing runoff from impervious
surfaces to vegetated areas and use of permeable surfaces. No improvements shall
obstruct or divert runoff to the detriment of an adjacent, down strea m or down slope
property.
59 . SILT AND MUD IN PUBLIC RIGHT-OF-WAY : It is the respon si bility 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 drain s.
60. GOOD HOUSEKEEPING: Good housekeeping practices shall be ob se rved 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 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 penalties and/or
the Town performing the required maintenance at the Developer's expen se.
61. PERMIT ISSUANCE : Permits for each phase ; reclamation , land sc ape, and grading, shall be
issued simultaneously.
62 . COVERED TRUCKS: All trucks transporting materials to and from the si te shall be covered .
TO THE SATISFACTION OF THE SANTA CLARA COUNTY FIRE DEPARTMENT :
63 . WILDLAND-URBAN INTERFACE : This project is located within the designated Wildland
Urban Interface Area. The building construction shall comply w ith the provisions of
California Building Code (CBC) Chapter 7 A. Note that vegetation clearance shall be in
compliance with CBC Section 701A.3 .2.4 prior to project final approval. Check with the
Planning Department for related landscape plan requirements.
64 . CONSTRUCTION SITE FIRE SAFETY: All con struction sites must comply with applicable
provision s of the CFC Chapter 33 and our Standard Detail and Specification Sl -7 . Provide
appropriate notations on subsequent plan submittals, as appropr iate to the project.
N :\DEV\CONDITIONS \2017\Ph illipsAve17400.docx
This Page
Intentionally
Left Blank
Erin M. Walters
Associate Planner
Community Development Department
Town of Los Gatos
415/17
Ref : Jeff and Silvana Casale
Backyard Development Project
JUSTIFICATION LETTER
General Description.
The property is 3.99 acres, over 173,000 square feet of land.
17400 Phillips Avenue
Los Gatos, CA 95032
RECE~VED
~l"'-~7Z.
APf.J. '!. 7 2.017
TOV.7~ C'F LOS GATOS
.~ _:~~:\ ... \.:.. .:..:~_::s. :. -
There is a Main Residence, a Guest Cottage and a detached garage on the property,
with a driveway servicing both the ground level garage at the main residence as well
as the detached garage.
There is a swale at the front of the house running the length of the property facing
Phillips, which is not susceptible of development as it is a main drainage channel for
rainwater during the rainy season. There is another stream running the length of the
property that carries rainwater on the rainy season, but is dry the rest of the year. The
slope is such, that there is no water pooling anywhere; it runs downhill and flows into
the neighboring property on a natural course.
Recent storms have caused erosion in some areas, and a revised topographical plan
was developed to show clearly the top of banks and flow line. A 25 foot setback from
the newly plotted top of bank is observed for all new construction. The proposed
extension of the existing deck has been abandoned because it does not meet the
setback requirement.
How the Development Area was chosen:
The first step was to develop a Topographical Map of the property, to determine
whether or not the slope on the backyard was suitable for development based on the
Hillside Development Guidelines. The topographical map led to the selection of the
proposed development area based on LADA Guidelines. While the flatest part of the
property is in front of the house, it is the area where the garages and driveways are,
plus a small lawn area. This whole area is one floor below the main level of the
house, and unsuitable for either a pool or entertainment area as it is not connected to
any part of the living area of the house.
The backyard area beyond the existing deck, spa and terrace, was deemed to be the
EXHIBIT 4
best area for the proposed development, which is suitable for development as, as it
meets both LADA and Hillside Development Guidelines.
There is no alternative area that could be used f o r the proposed development, while
adhering to LAD A and Hillside Development S t andards criteria.
Purpose of the Development:
The back of the house opens to a fairly large stone paved deck, which contains a
raised spa and two islands, designed to provide outdoor cooki ng and serving faci lities.
The existing raised platform where the spa sits, splits the deck in a way that makes full
use of it impossible, reducing the space where a table for outdoor d ining. An extension
of the deck had been proposed to eliminate this problem, but if now falls within the 25
foot setback line from the top of bank, which was changed by recent storms. T he deck
extension has been eliminated leavi ng the existing deck as is.
Behi nd the deck, there is a stone retaining wall and a series of dry st ack walls as the
hill goes up, with some ornamental landscaping to provide visual interest to the people
using the deck, but offering no flat space that cou ld be used for the d i ning or
entertainment of chi ldren or adults.
Mr. & Mrs. Casale, the current owners of the property, decided to embark of a project
that would provide their young f amily and f riends additional ent ertainment space,
including a swimming pool with a small beach, a regulation P i ng Pong court that can
be used for Badminton, an area for a Pergola which could be used f o r outdoor dinin g ,
and a fire pit for conversations at night.
Design Criteria
The basic tenet throughout the design of the project was to make it as organic to the
site as possible. The areas that comprise the project were carefully chosen to
minimize the impact on the s ite by usi ng materials that will seamlessly blend with the
surrounding environment. T he project was designed outside of the exi sting tree
canopy, to p revent any possible disturbance to the trees that dot the site. The Town
Arborist has visited the site and did not have any comments in the Technical Review.
The design is entirely organic, with low retaining walls providing a similar feeling to
that of the existing dry stack walls. None of t hese wall s are on stra ight l ines, but all
follow the contou rs of the land, and meander along the lines of the hillside. The new
walls will be clad with the same stone that the existing dry stack walls have.
The pool is also organically designed to take advantage of the natural contours and
includes rock formations t hat will provide v is u al i nterest. The pool w ill also have a
shallow area with bolted fiberglass chaise-longes, to be able to recline in the water
semi submerged .
A small beach area has been designed, which will be made made of a mixture of
compacted sand on a decomposed granite bed with a filter fabric, to give it the visual
feel of sand without getting sand into the pool. The sand is contained but the area is
permeable. T he space is designed to put some beach chairs to sunbathe, and a
beach dining set.
All these separate entertainment areas are connect ed by stai rcases designed to match
the existing dry stack walls , and softened by vegetation planted at the base, and
cascading from the top.
Both the Ping Pong Court and the Pergola Area, are permeable surfaces, and so is the
flagstone patio between the pool and the Pi ng Pong Court to help minimize the
amount of impermeable surfaces which will be limited to staircases.
Civil Engineering
Based on the LRDA and Hillside Development Guidelines, the Civil Engineering
desi gn has been carefully calibrated to balance earth movement, cuts and fills, so
that only 33 cubic yards of soil will have to be exported.
Landscaping
The landscaping has been designed to minimize water use, while providing
interaction between the dry stack walls and the plantings that will enhance the beauty
of the site. Care has been taken that none of the elements of the design are built under
any canopy of any existing tree in the area of constructi on.
Following Town of Los Gatos guidelines, the plantings chosen are species native to
the area, and will make the transition from the natural environment to the landscape
environment blur to the point that it w ill look as native and natural as if it had always
been there.
This project will provide the you ng family and their friends, many opportunities for
gathering together and indulging in any of the activities that the project makes
possible.
We believe this project enhances the beauty of the site, while at the same time
enha in the quality of life of this young family and their relatives and many friends .
tiz
tiz& Associates
This Page
Intentionally
Left Blank
PUBLIC COMMENT
Public comments received by 11:00 a.m., August, 18, 2017
NONE
EXHIBIT 5
This Page
Intentionally
Left Blank
EXHIBIT 6
GASGASGASGASELECTRICAL LINEGAS LINEWATER MAIN LINESECONDARY DWELLING UNITFF=544.7'EX. RESIDENCESECOND FF=549.7'FIRST FF=540.2'EX. CONCRETEDRIVEWAYSPATREE DRIPLINE16" OAK(3) 8" OAK16" OAK24" OAK6" OAK9" OAK24" OAK24" OAK20" OAK6" OAK8" OAK8" OAKPLANTERSTONE PATHTRELLIS25' SETBACKDEVELOPMENT AREA TO TOP OF BANKPING PONG COURTCOUNTERBBQDECKELEV.549.6'POOLPOOLBEACHAnAnAnAnAnAnAnTREE DRIPLINE119 sq ftPhPBPhPBPhPBSHLArSeCecoCecoCecoCecoArSeArSeArSeGCGSalvcSalvcSalvcArSeAJAJAJAJCBJCgCgCgCgRisaRisaADHCRHMuGCGGCGGCGAnAnAnAnAnAnGCGGCGSHLSHLSHLSHLSHLSHLSalvcSalvcBBBCSnHetarbADHSalvcSalvcSalvcSalvcRhamMuMuMuMuMuMuMuMuMuMuMuMiMiAnAnCgCgCgMiMiMiMiCgCgCgCgCgCgCgCgCgCgCgCgSHLMuMuMuMuMuMuMuMuMuMuMuMuMuMuCSnArSeCgCSnCSnArSeADHCRHCBJCBJCBJCSnCSnMiCgCgCgCgPhPBMuSHLSHLSHLCgCgCgCgAnAnAnMuMuMuMuMuMuMuMuGCGGCGGCGGCGGCGGCGGCGGCGGCGGCGGCGGCGGCGGCGGCGGCGGCGGCGGCGGCGGCGGCGGCGGCGGCGGCGCgSHLSHLSHLSHL30' From House70' From HouseCg1AcCQ3CeFP2CeFP33 sq ft209 sq ft227 sq ft137 sq ft59 sq ft239 sq ft167 sq ft19 sq ft34 sq ft54 sq ft114 sq ft264 sq ftWater*Gas Meter200 ampSub-panelGAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GASGASGASGASGASGASGASGAS
GAS
GAS
500 BTUHEATERPUMPSFILTERGASGASGASGASGASGASGASGASGASGAS GAS GAS
GASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASEXISTINGTREE DRIPLINEUtilities piping shallnot be trenchedunder tree driplines, typ.Utilities piping shallnot be trenchedunder tree driplines, typ.PlanterPlanting area-NORTHSCALE: 1/8"= 1'- 0"1/8"= 1 - 0"DRAWNCHECKEDREVDATESCALESHEETL- 1OFSHEETSPRELIMINARY7/10/2017LDLDCASALE RESIDENCE
17400 PHILLIPS AVENUE
Los Gatos, CA 95032SHRUBS, PERENNIALS321 gal9BOTANICAL NAMEPLANT LEGENDSYMCOMMON NAMEQTYCOMMENTSSIZETREESGCGGREVILLEA 'Coastal Gem'Coastal Gem GrevilleaSalvcMim MIMULUS aurantiacusCalifornia Monkeyflower71 galAn ANIGAZANTHOS 'Big Red' Kangaroo Paw182 galAJ ARCTOSTAPHYLOS 'John Dourley'45 galJohn Dourly ManzanitaPozo Blue and other Cleveland SageSALVIA clevelandii 'Pozo Blue' & cvs.1 galARCTOSTAPHYLOS 'Dr. Hurd'Dr. Hurd Manzanita315 galADHACER japonica 'Crimson Queen'15 gal1Purple Weeping LaceLeaf J.MapleAcCQARCTOSTAPHYLOS 'Sentinel'Sentinel Manzanita75 galArSeBERBERIS 'Rose Glow'Rose Glow Japanese Barberry35 galBCg CEANOTHUS g. var. e 'Emily Brown'Navarro Ceanothus - groundcover301 galCeCo CEANOTHUS 'Concha'Concha California Lilac45 gal11 galCSnCEANOTHUS rigidus 'Snowball' Snowball White California LilacRHAMNUS (Frangula) californicaCoffeeberry1Toyon, HollywoodHetarb HETEROMELES arbutifolia15 gal1RhamMu MUHLENBERGIA rigensDeer Grass351 galCBJ CEANOTHUS 'Julia Phelps'Julia Phelps California Lilac45 galHot Lips SalviaSALVIA m. 'Hot Lips'SHL151 galCRH CEANOTHUS 'Ray Hartman'Ray Hartman Ceanothus215 galPhPB PHORMIUM 'Platt's Black'Platt's Black NZ Flax45 galRIBES sanguineum 'Barry Coate'Pink Flowering CurrantRisa25 gal5 galEspecially Deer ResistantEspecially Deer ResistantEspecially Deer ResistantCERCIS 'Forest Pansy' Purple Leaf Forest Pansy Eastern RedbudCeFPSub: Arbutus 'Marina'24" Box5Drake Design Associates, LLC grants Client a nonexclusive license to use Drake Design Associates' documents as provided in the Landscape Architecture Plans for the Improvements at 17400 Phillips Avenue Los Gatos, CA. No other license is implied or granted. All instruments of professional service prepared by Drake Design Associates., including but not limited to, drawings and specifications, are the property of Drake Design Associates, LLC. These documents shall not be reused on other projects or by other professionals without written permission. Drake Design Associates LLC retains all rights in its documents.51 UNIVERSITY AVENUE, SUITE I, LOS GATOS, CA. 95030
WWW.DRAKEDESIGNASSOC.COM
408.688.7651
RAKE ESIGND ASSOCIATES, LLCD
LANDSCAPE ARCHITECTURE STUDIO, RLA #6081LANDSCAPE PLANREV 133 sq ft34 sq ft19 sq ft119 sq ft227 sq ft209 sq ft59 sq ft137 sq ft239 sq ft167 sq ft114 sq ft54 sq ft264 sq ft1,675 sq ft TOTAL LANDSCAPE AREALANDSCAPE AREA= <2,500 sq ftUTILITES LEGEND7/10/2107May 2018