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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