Loading...
17528 Tourney Rd-Staff Report and Exhibits 1-4TOWN OF LOS GATOS PLANNING COMMISSION STAFF REPORT Meeting Date: January 13, 2016 PREPARED BY: Mami F. Moseley, Associate Planner MMoseley@ lo sgato sca.gov APPLICATION NO.: Architecture and Site Application S-14-127 ITEM NO: 7 LOCATION: 17528 Tourney Road (Located at the southeast comer of Tourney Road at Tourney Loop) APPLICANT: Bess Wiersema (Studio 3 Design) PROPERTY OWNER: Joe Thornton CONTACT PERSON: Bess Wiersema APPELLANT: Steve Miller APPLICATION SUMMARY: Consider an appeal of a decision of the Development Review Committee approving an Architecture and Site application to demolish and existing single family residence and to construct a new single-family residence on property zoned HR-2 11. APN 537-04-019 RECOMMENDATION: Deny the appeal and uphold the decision ofthe Development Review Committee to approve the application. PROJECT DATA : General Plan Designation: Hillside Residential , 0-1 dwelling units/acre Zoning Designation: HR-2 Y2-Hillside Residential Applicable Plans & Standards: General Plan; Hillside Development Standards & Guidelines Parcel Size: 26,038 square feet Surrounding Area: ~E~~!E+~~f~~{-~~t~f&_~:~~-~::l-~H.lir~~~-~~~4~~ir~r:~~IH~if=.~=:: .... §_~~! __ __J __ ~_i_':l_g~~=~-~-~!!Y.. ___________ L.!! ill ~i de B-~-~~~~.l!!.i.~! ___ J_!.!!3:::?.~.---··· South j S~ngle-Farn~ly ! H~lls~de Res~dent~al I HR-2 Y2 West ! Sm le-Farn!l ! Hillside Residential 1 HR-2 Y2 Planning Commission Staff Report -Page 2 17528 Tourney Road/S-14-127 January 13, 2016 CEQA: FINDINGS: CONSIDERATIONS : ACTION: EXHIBITS: BACKGROUND: 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. • • • • • As required , pursuant to the adopted Guidelines for the Implementation ofthe California Environmental Quality Act, this project is Categorically Exempt, Section 15303 : New Construction or Conversion of Small Structures. As required by Section 29.10.09030(e) of the Town Code for the demolition of a single-family residence. As required by the Hillside Development Standards & Guidelines that the project complies with the Hillside Development Standards & Guidelines. That the project is consistent with the Hillside Specific Plan . As required by Section 29 .20.150 of the Town Code for granting approval of an Architecture and Site application. The decision of the Planning Commission is final unless appealed within ten days. I . Location map 2. Required Findings and Considerations 3. Conditions of Approval (nine pages) 4. Project data sheet (one page) 5 . Letter of justification and pictures (12 pages), received December 15,2015 6. Consulting Architect report (four pages), received April 28 , 2015 7. Consulting Arborist report (27 pages), received Apri129, 2015 8. Consulting Arborist report (10 pages), received October 12,2015 9 . November 18 ,2015 Development Review Committee meeting minutes 10. Appeal letter (nine pages), received November 30, 2015 11. Development Plans (15 sheets), received October 20,2015 The existing 26 ,038-square foot site is non-conforming to the size requirements of the Hillside Residential zone and contains an existing I ,691-square foot single-story residence with a 480- square foot attached garage. The applicant is proposing to demolish the existing residence and construct a new single-story residence with an attached three car garage. Planning Commission Staff Report -Page 3 17528 Tourney Road/S-14-127 January 13 , 2016 The application was approved by the Development Review Committee on November 18,2015. The application was appealed on November 30,2015. PROJECT DESCRIPTION: A. Location and Surrounding Neighborhood The project site is located at the southeast comer of Tourney Road at Tourney Loop (Exhibit 1). The property is surrounded by single-family residential uses . B. Architecture and Site Approval Architecture and Site approval is required for construction of a new residence. C. Zoning Compliance The total proposed floor area for the residence and garage is within the allowable floor area for the property and the proposed residence complies with the setback and height requirements ofthe HR-2 Y2 zone. While the Town Code allows a maximum height of30 feet in the HR zone, the Hillside Development Standards and Guidelines (HDS&G) is more restrictive with a 25-foot height maximum . A single-family residence is a permitted use in the HR zone. ANALYSIS: A. Architecture and Site The proposed residence is a single-story that has been set into the site to further reduce the effective height of the residence. The applicant is proposing a modern farm house architectural style with bat and board siding, metal roofing, and board formed concrete posts and patios . The Town's Architectural Consultant reviewed the plans and visited the site. The consultant recommended an additional beam across the front porch (Exhibit 6) which the applicant implemented in the final development plans (Exhibit 11). Story poles were placed on the site prior to the Development Review Committee meeting to aid in the review of the project. The project is in compliance with the HDS&G inclusive of grading and drainage criteria, allowable floor area , height, and architectural and landscape design . General project data is included in Exhibit 4. Planning Commission Staff Report-Page 4 17528 Tourney Road/S-14-127 January 13 , 2016 B. Neighborhood Compatibility Based on Town and County records , the residences in the immediate neighborhood range in size from 3,820 square feet to 7,708 square feet (including garage). The FARs ra nge from 0.04 to 0.19. The applicant is proposing a 4,695-square foot home (including garage) on a 26,038-square foot parcel (0.16 FAR). The maximum allowed square footage for the lot is 4,700 square feet (including garage). The Neighborhood Analysis table below reflects the current conditions in the immediate neighborhood. The table includes the gross lot area, all lots in the area would be subject to a slope reduction based on topography. The provided floor areas may include cellars. House ADDRESS House Garage and garage Lot size FAR 17528 Tourney Road (E) 1,691 480 2,171 26,038 0.07 17528 Tourney Road (P) 3,956 739 4,695 26,038 0.16 220 Tourney Loop 3,708 913 4,621 87 ,556 0 .05 211 Tourney Loop 5,670 1478 7,148 50,094 0 .13 218 Tourney Loop * 3 ,783 998 4,78 1 44,413 0.10 17652 Tourney Road 3 ,220 600 3,820 65,693 0.05 17651 Tourney Road 3,668 888 4 ,556 69,260 0.06 17670 Tourney Road 3,581 1,320 4 ,901 120,226 0 .04 17655 Tourney Road 5 ,217 1489 6,706 84,942 0.07 17653 Tourney Road 6,828 880 7,708 38,333 0.19 17665 Tourney Road 4,242 466 4,708 46,609 0 .09 17500 Tourney Road 5,807 779 6,586 67 ,954 0.09 *Under construction C. Tree Impacts The applicant is proposing to remove five of the 10 onsite trees. The plans were reviewed by the Town's consulting arborist o n April28, 2015 (Exhibit 7) and October 12 ,20 15 (Exhibit 8). The trees being removed include: 31-inch Coast Live Oak, 14-inch Maple, 13- inch Chinese Elm, 17 -inch Valley Oak, and an 18-and 14-inch multi-trunk Black Locust. The majority of the trees being removed are in fair to poor condition . The applicant will be required to provide canopy replacement per Town Code standards for the trees being removed. Planning Commission Staff Report -Page 5 17528 Tourney Road/S-14-127 January 13 ,2016 D. Environmental Review The project is Categorically Exempt pursuant to the adopted Guidelines for the Implementation ofthe California Environmental Quality Act, Section 15303: New Construction or Conversion of Small Structures. E . Development Review Committee The Development Review Committee (DRC) considered the item on November 18 ,2015 (Exhibit 9). Written public hearing notices were sent to surrounding property owners and tenants (minimum of 30). The following neighbors were in attendance: Mr. and Mrs. Miller-17625 Tourney Road Mr. and Mrs. Hayashi -220 Tourney Loop Dick Clift -17670 Tourney Road The main issues that were discussed by the neighbors included: construction traffic, parking and drainage issues, as well as roof colors, chimney height, proposed fencing and a view easement along the southern property line. Staff discussed the issues and concerns and the following conditions were agreed to by the applicant and included in order address the neighbor's concerns: 12 . LANDSCAPING RESTRICTION: No landscaping with a maturity height over 12 feet tall shall be installed between the house and the south property line. 13. FENCING: Prior to installation of new fencing the property boundaries shall be marked by a licensed land surveyor. 14. CHIMNEY HEIGHT: The chimney height shall be reduced 12 inches from what is shown on the approved plans . 38 . PARKING: Any proposed parking restriction must be approved by The Town of Los Gatos, Community Development Department. Prior to the issuance of any permits, Santa Clara County Fire Department shall investigate and determine if the installation of red curb with appropriate signage and/or stenciling along one side of Tourney Road and Tourney Loop would be warranted to provide emergency access. The applicant shall update their Construction Management Plan and Traffic Control Plan according to County Fire 's findings . 41. DRAINAGE IMPROVEMENT: Before a Certificate of Occupancy for any new building can be issued, the applicant shall install a curb along the northern (downhill) edge of pavement of the shared 20 ' Ingress/Egress Easement between the Tourney Road/Tourney Loop intersection and the private driveway serving the property at 17500 Tourney Road. Planning Commission Staff Report -Page 6 17528 Tourney Road/S-14-127 January 13,2016 46. FENCES: Fences between all adjacent parcels will need to be located on the property lines/boundary lines. Any existing fences that encroach into the neighbor's property will need to be removed and replaced to the correct location of the boundary lines before a Certificate of Occupancy for any new building can be issued . The property line shall be staked by the applicant prior to relocation of the fence. Waiver of this condition will require signed and notarized letters from all affected neighbors. 55. CONSTRUCTION PARKING : The Construction Management Plan to be submitted by the applicant shall provide a Traffic Control Plan, employee marking, construction staging, materials storage area(s), and construction trailer(s), as applicable, that do not encumber nor impede the emergency access provided via Tourney Loop and Tourney Road. 56. SHARED PRIVATE STREET: The private street accessing the Project Site shall be kept open and in a safe, drive-able condition throughout construction. If temporary closure is needed, then formal written notice shall be provided at least one week in advance of closure. The DRC found that the application was complete and in compliance with the HDS&G . The DRC included additional conditions to address some of the concerns mentioned by neighbors at the meeting and approved the application. The final conditions of approval were provided to the applicant and the interested neighbors prior to the end of the appeal period (Exhibit 3 ). F. Appeal The application was appealed by Mr. Miller (Exhibit 1 0) based on the proposed privacy fence between the two properties and the proposed metal roof. Staff has clarified for the appellant that the fence will be required to be installed fully within the property but the footing would go up to the property line. Additionally the proposed roofing material color has been shown on the exhibits provided by the applicant. Staff considers the proposed color to be consistent with the HDS&G requiring all materials to blend with the natural environment. Additionally, subsequent to the DRC, the neighbors brought to staff's attention that the site used to be served by a private water company that still provides water to many of the neighbors. The neighbors are concerned that pipes from that system may run through the site and damage to those lines could affect their water access. Staff recommends the Commission include the following condition to address this concern: EXISTING PRIVATE WATER SYSTEM: In the event that any existing private water system facilities are encountered during grading and construction activities, any water services that are currently serving or previously served the property shall be capped in an appropriate manner and protected in place. Planning Commission Staff Report -Page 7 17528 Tourney Road/S-14-127 January 13 , 2016 CONCLUSION AND RECOMMENDATION: A . Conclusion The project is in compliance with the HDS&G and the Hillside Specific Plan. Due to concerns from the uphill neighbors (the appellants); the proposed residence has been lowered into the site to further reduce the visual impact. The proposed residence is similar in si z e and mass to those in the immediate area, and would utilize the existing house pad for the majority of the proposed structure. B. Recommendation Staff recommends that the Planning Commission take the following actions to deny the appeal , uphold the decision of the DRC and approve the Architecture and Site application: 1. Find that the project is Categorically Exempt pursuant to the adopted Guidelines for the Implementation ofthe California Environmental Quality Act, Section 15303: New Construction or Conversion of Small Structures (Exhibit 2); and 2 . Make the required findings as required by Section 29.10.09030(e) ofthe Town Code for granting approval of a demolition of a single-family residence (Exhibit 2); and 3. Make the finding that the project complies with the Hillside Development Standards and Guidelines (Exhibit 2); and 4 . Make the finding that the project complies with the Hillside Specific Plan (Exhibit 2); and 5. Make the required considerations as required by Section 29 .20.150 ofthe Town Code for granting approval of an Architecture & Site application (Exhibit 2); and 6. Approve Architecture and Site Application S-14-127 with the conditions contained in Exhibit 3 and development plans attached as Exhibit 11 . Alternatively, the Commission may take one of the following actions: 1. Grant the appeal and remand the application to the DRC with direction for revisions ; or 2 . Modify the conditions of approval in Exhibit 3 as deemed appropriate; or 3. Continue the application to a date certain with direction to staff and the applicant for desired revisions ; or 4. Grant the appeal and deny the Architecture and Site application. Prepared by: Mami Moseley, AIC Associate Planner /1~£1Y J 6el Paulson, AICP Anterim Community Development Director Planning Commission Staff Report-Page 8 17528 Tourney Road/S-14-127 January 13 , 2016 JSP:MFM:sr cc: Joe Thornton, 16255 Matiliga Drive, Los Gatos, CA 95030 Bess Wiersema, Studio 3, 1585 The Alameda, Suite #200, San Jose, CA 95126 Steve Miller, 17651 Tourney Road, Los Gatos CA 95032 N :\DE V\PC REPORTS\2 0 16\Tourney Rd 17528 -ap peal. doc 17528 Tourney Road EXHIBIT 1 . This Page Intentionally Left Blank REQUIRED FINDI NGS & CONSIDERATIONS FOR: January 13, 2016 17528 Tourney Road Architecture and Site Application S-14-127 Requesting approval to demolish an existing single family residence and to construct a new single-family residence on vacant property zoned HR-2Yz. APN 537-04-019. PROPERTY OWNER: Joe Thornton APPLICANT: Bess Wiersema FINDINGS Required f'mding 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 f'mdings for demolition: As required by Section 29.10.09030(e) of the Town Code for the demolition of a single family residence: 1. The Town's housing stock will be maintained as the house will be replaced. 2. The structure has no historic significance. 3. The property owner does not desire to maintain the structure due to its current condition and site constraints; and 4 . The economic utility of the structure is limited. Required Compliance with the Hillside Development Standards and Guidelines: The project is in compliance with the Hillside Development Standards and Guidelines. Compliance with Hillside Specific Plan: The project is in compliance with the Hillside Specific Plan in that the site is developed as a single family re sidence on an existing parcel. The proposal is consistent with the development criteria included in the plan. CONSIDERATIONS Required considerations in review of applicati ons: 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. EXHIBIT 2 N:\DEV\FINDINGS\20 15\Toumey-17528.d oc This Page Intentionally Left Blank CONDITIONS OF APPROVAL-January 13, 2016 17528 Tourney Road Architecture and Site Application S-14-127 Requesting approval to demolish an existing single family residence and to construct a new single-family residence on vacant property zoned HR-2Yz . APN 537-04-019. PROPERTY OWNER: Joe Thornton APPLICANT: Bess Wiersema 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 shall be approved by the Community Development Director or the Planning Commission/Town Council , depending on the scope of the changes. 2 . EXPIRATION OF APPROVAL: The Architecture and Site application will expire two years from the date of approval (January 13, 2018) unless the approval is used before expiration. Section 29.20.335 defines what constitutes the use of an approval granted under the Zoning Ordinance. 3. STORY POLES: The story poles on the project site shall be removed within 30 days of approval ofthe Architecture & Site application. 4. EXTERIOR COLORS: The exterior colors of all structures shall comply with the Hillside Development Standards & Guidelines ( earthtone colors with a light reflectivity value of30 or less). 5. DEED RESTRICTION: Prior to the issuance of a building permit, a deed restriction shall be recorded by the applicant with the Santa Clara County Recorder's Office that requires all exterior materials be maintained in conformance with the Town's Hillside Development Standards & Guidelines. 6. SALVAGE OF BUILDING MATERIALS: Prior to the issuance of a demolition permit, the developer shall provide the Planning Director with written notice of the company that will be recycling the building materials. All wood, metal, glass, and aluminum materials generated from the demolished structure shall be deposited to a company which will recycle the materials. Receipts from the company(s) accepting these materials, noting the type and weight of materials, shall be submitted to the Town prior to the Town's demolition inspection. 7. 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. 8. TREE STAKING: All newly planted trees shall be double-staked using rubber tree ties. 9 . TREE REMOVAL PERMIT: A Tree Removal Permit shall be obtained for any trees to be removed, prior to the issuance of a building or grading permit. 10. ARBORIST REQUIREMENTS: The developer shall implement, at their cost, all recommendations made by Deborah Ellis , identified in the Arborist's reports dated as received April29, 2015, and October 12,2015 on file in the Community Development Department. A Compliance Memorandum shall be prepared by the applicant and submitted with the building permit application detailing how the recommendations have or will be addressed. These recommendations must be incorporated in the building permit plans, and completed prior to issuance of a building permit where applicable. EXHIBIT 3 11. TREE FENCING: Protective tree fencing and other protection measures shall be placed at the drip line of existing trees prior to issuance of demolition and building permits and shall remain through all phases of construction. Refer to tree fencing requirements and other protection measures identified in the Arborist Reports prepared by Deborah Ellis dated as received April29, 2015 and October 12,2015, on file in the Community Development Department. Include a tree protection plan with the construction plans. 12. LANDSCAFING RESTRICTION: No landscaping with a maturity height over 12 feet tall shall be installed between the house and the south property line. 13. FENCING: Prior to installation of new fencing the property boundaries shall be marked by a licensed land surveyor. 14. CHIMNEY HEIGHT: The chimney height shall be reduced 12 inches from what is shown on the approved plans. 15 . 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 first approved by the Planning Division. The outdoor lighting plan can be reviewed during building plan check. Any changes to the lighting plan shall be approved by the Planning Division prior to installation. 16. TOWN INDEMNITY: Applicants are notified that Town Code Section 1.10.115 requires that any applicant who receives a permit or entitlement from the Town shall defend, indemnify, and hold harmless the Town and its officials in any action brought by a third party to overturn, set aside , or void the permit or entitlement. This requirement is a condition of approval of all such permits and entitlements whether or not expressly set forth in the approval. Building Division 17. PERMITS REQUIRED : A building permit shall be required for the demolition of portions of the existing single family residence and the construction of new single- family residence alterations and additions to the existing single-family residence. Separate permits are required for electrical, mechanical , and plumbing work as necessary. 18. CONDITIONS OF APPROVAL: The Conditions of Approval must be blue-lined in full on the cover sheet of the construction plans. A Compliance Memorandum shall be prepared and submitted with the building permit application detailing how the Conditions of Approval will be addressed . 19. SIZE OF PLANS: Four sets of construction plans, minimum size 24 " x 36", maximum size 30" x 42 ". 20. SOILS REPORT: A Soils Report, prepared to the satisfaction of the Building Official, containing foundation and retaining wall design recommendations, shall be submitted with the building permit application. This report shall be prepared by a licensed Civil Engineer specializing in soils mechanics. As an alternate, the necessary foundation elements can be designed by a licensed Civil Engineer to the minimum requirements of Chapter 4 of the 2013 California Residential Code. 21. FOUNDATION INSPECTIONS: A pad certificate prepared by a licensed civil engineer or land surveyor shall be submitted to the project building inspector at foundation inspection. This certificate shall certify compliance with the recommendations as specified in the soils report and that the building pad elevation and any on-site retaining wall locations and elevations have been prepared according to the approved plans. Horizontal and vertical controls shall be set and certified by a licensed surveyor or registered civil engineer for the following items: a. Building pad elevation b. Finish floor elevation c. Foundation comer locations d. Retaining Walls 22 . TITLE 24 ENERGY COMPLIANCE: All required California Title 24 Energy Compliance Forms must be blue-lined, i.e. directly printed onto a plan sheet. 23. BACKWATER VALVE: The scope of this project may require the installation of a sanitary sewer backwater valve per Town Ordinance 6.50.025 . Please provide information on the plans if a backwater valve is required and the location of the installation. The Town of Los Gatos Ordinance and West Valley Sanitation District (WVSD) requires backwater valves on drainage piping serving fixtures that have flood level rims less than 12-inches above the elevation of the next upstream manhole. 24. TOWN FIREPLACE STANDARDS : New wood burning fireplaces shall be an EPA Phase II approved appliance as per Town Ordinance 1905. Tree limbs shall be cut within I 0-feet of Chimney. 25. HAZARDOUS FIRE ZONE: The project requires a Class A Roof assembly. 26 . WILDLAND-URBAN INTERFACE: This project is located in a Wildland-Urban Interface Fire Area, however only new buildings must comply with Section R327 of the 2010 California Residential Code. Additions and Remodels are not required to comply with Section R327 at this time. 27. PROVIDE DEFENSIBLE SPACE/FIRE BREAK LANDSCAPING PLAN: Prepared by a California licensed Landscape Architect in conformance with California Public Resources Code 4291 and California Government Code Section 51182. 2 8. PRIOR TO FINAL INSPECTION: Provide a letter from a California licensed Landscape Architect certifying the landscaping and vegetation clearance requirements have been completed per the California Public Resources Code 4291 and Government Code Section 51182. 29 . SPECIAL INSPECTIONS: When a special inspection is required by CBC Section 1704, the architect or engineer of record shall prepare an inspection program that shall be submitted to the Building Official for approval prior to issuance of the building permit. The Town Special Inspection form must be completely filled-out and signed by all requested parties prior to permit issuance. Special Inspection forms are available from the Building Division Service Counter or online at www.l osgato sca .gov/b uilding 30. BLUE PRINT FOR A CLEAN BAY SHEET: The Town standard Santa Clara County Valley Nonpoint Source Pollution Control Program Sheet (24x36) shall be part of the plan submittal as the second page. The specification sheet is available at the Building Division Service Counter for a fee of$2 or at San Jose Blue Print for a fee or online at www .l osgato sca. go v/b ui I ding. 31. APPROVALS REQUIRED: The project requires the following departments and agencies approval before issuing a building permit: a. Community Development-Planning Division: Mami Moseley (408) 354-6802 b . Engineering/Parks & Public Works Department: Mike Weisz (408) 354-5236 c. Santa Clara County Fire Department: ( 408) 3 78-4010 d. West Valley Sanitation District: (408) 378-2407 e. Local School District: The Town will forward the paperwork to the appropriate school district(s) for processing. A copy of the paid receipt is required prior to permit is suance. TO THE SATFISF ATION OF THE DIRECTOR OF PARKS &PUBLIC WORKS: Engineering Division 32. GENERAL: All public improvements shall be made according to the latest adopted Town Standard Drawings and the Town Standard Specifications. All work shall conform to the applicable Town ordinances. The adjacent public right-of-way shall be kept clear of all job related dirt and debris at the end of the day. Dirt and debris shall not be washed into storm drainage facilities. The storing of goods and materials on the sidewalk and/or the street will not be allowed unless an encroaclunent permit is issued. The Developer's representative in charge shall be at the job site during all working hours. Failure to maintain the public right-of-way according to this condition may result in the Town performing the required maintenance at the Developer's expense. 33. ENCROACHMENT PERMIT: All work in the public right-of-way will require a Construction Encroaclunent Permit. All work over $5,000 will require construction security. It is the responsibility of the Applicant/Developer to obtain any necessary encroaclunent permits from affected agencies and private parties, including but not limited to, Pacific Gas and Electric (PG&E), AT&T, Comcast, Santa Clara Valley Water District, California Department of Transportation. Copies of any approvals or permits must be submitted to the Town Engineering Department prior to releasing any permit. 34. PUBLIC WORKS INSPECTIONS: The Developer or his representative shall notify the Engineering Inspector at least twenty-four (24) hours before starting any work pertaining to on-site drainage facilities , grading or paving, and all work in the Town's right-of-way. Failure to do so will result in rejection of work that went on without inspection. 35. RESTORATION OF PUBLIC IMPROVEMENTS: The Developer shall repair or replace all existing improvements not designated for removal that are damaged or removed because of the Developer's operations. Improvements such as, but not limited to : curbs, gutters, sidewalks, driveways, signs, pavements, raised pavement markers , thermoplastic pavement markings , etc. shall be repaired and replaced to a condition equal to or better than the original condition. Any new concrete shall be free of stamps, logos, names, graffiti, etc. Any concrete identified that is displaying a stamp or equal shall be removed and replaced at the Contractor's sole expense and no additional compensation shall be allowed therefore. Existing improvement to be repaired or replaced shall be at the direction of the Engineering Construction Inspector, and shall comply with all Title 24 Disabled Access provisions. Developer shall request a walk- through with the Engineering Construction Inspector before the start of construction to verify existing conditions. 36. STREET CLOSURE: Any proposed blockage or partial closure of the street requires an encroaclunent 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. 37. INSPECTION FEES: Inspection fees shall be deposited with the Town prior to issuance of any Permit or recordation of the Final Map. 38. PARKING: Any proposed parking restriction must be approved by The Town of Los Gatos, Community Development Department. Prior to the issuance of any permits, Santa Clara County Fire Department shall investigate and determine if the installation of red curb with appropriate signage and/or stenciling along one side of Tourney Road and Tourney Loop would be warranted to provide emergency access. The applicant shall update their Construction Management Plan and Traffic Control Plan according to County Fire's findings. 39 . 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. 40. DRIVEWAY: The driveway conform to existing pavement on Tourney Road shall be constructed such that existing drainage patterns will not be obstructed. 41. DRAINAGE IMPROVEMENT : Before a Certificate of Occupancy for any new building can be issued, the applicant shall install a curb along the northern (downhill) edge of pavement of the shared 20' Ingress/Egress Easement between the Tourney Road/Tourney Loop intersection and the private driveway serving the property at 17500 Tourney Road. 42 . SURVEYING CONTROLS: Hori zontal and vertical controls shall be set and certified by a licensed surveyor or registered civil engineer qualified to practice land surveying, for the following items : a. Retaining wall : top of wall elevations and locations . b. Toe and top of cut and fill slopes . 43 . RETAINING WALLS : A building permit, issued by the Building Department at 110 E. Main Street, may be required for site retaining walls. Walls are not reviewed or approved by the Engineering Division of Parks and Public Works during the grading permit plan review process. 44 . UTILITIES: The Developer shall install all new , relocated, or temporarily removed utility services, including telephone, electric power and all other communications lines underground, as required by Town Code Section 27 .50.015(b). All new utility services shall be placed underground. Underground conduit shall be provided for cable television service. Applicant is required to obtain approval of all proposed utility alignments from any and all utility service providers before a Certificate of Occupancy for any new building can be issued. The Town of Los Gatos does not approve or imply approval for final alignment or design of these facilities. 45 . TRENCHING MORATORIUM : Trenching within a newly paved street will be a llowed subject to the following requirements : a. The Town standard "T " trench detail shall be used. b . A Town approved colored controlled density backfill shall be u sed . c. All necessary utility trenches and related pavement cuts shall be consolidated to minimize the impacted area of the roadway. d . The total asphalt thickness shall be a minimum of 3-inches, meet Town standards, or shall match the existing thickness , whichever is greater. The final lift shall be 1.5-inches of half inch medium asphalt. The initiallift(s) shall be of three quarter inch medium asphalt. e. The Contractor shall schedule a pre-paving meeting with the Town Engineering Construction Inspector the day the paving is to take place. f. A slurry seal topping may be required by the construction inspector depending his assessment of the quality of the trench paving. If required , the slurry seal shall extend the full width of the street and shall extend 5-feet beyond the longitudinal limits of trenching. Slurry seal materials shall be approved by the Town Engineering Construction Inspector prior to placement. Black sand may be required in the slurry mix . All existing striping and pavement markings shall be replaced upon completion of slurry seal operations. All pavement restorations shall be completed and approved by the Inspector before occupancy. 46. FENCES: Fences between all adjacent parcels will need to be located on the property lines/boundary lines. Any existing fences that encroach into the neighbor 's property will need to be removed and replaced to the correct location of the boundary lines before a Certificate of Occupancy for any new building can be issued . The property line shall be staked by the applicant prior to relocation of the fence. Waiver of this condition will require signed and notarized letters from all affected neighbors. 47. SIGHT TRIANGLE AND TRAFFIC VIEW AREA: Any proposed improvements, including but not limiting to monument signs, fence, trees and hedges, shall abide by Town Code Section 23.10.080, 26.10.065 , 29.40.030. 48. PRECONSTRUCTION PAVEMENT SURVEY: Prior to issuance of a Grading Permit, the project Applicant shall complete a pavement condition survey documenting the extent of existing pavement defects using a 35-mm or digital video camera. The survey shall extend from Tourney Road to the proposed house. The results shall be documented in a report and submitted to the Town for review . 49. POSTCONSTRUCTION PAVEMENT SURVEY : The project Applicant will complete a pavement condition survey to determine whether road damage occurred as a result of project construction. Rehabilitation improvements required to restore the pavement to pre-construction condition shall be determined. The results shall be documented in a report and submitted to the Town for review and approval before a Certificate of Occupancy for any new building can be issued . The Applicant shall be responsible for completing any required road repairs prior to release of the faithful performance bond. 50. 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. 51. TRAFFIC CONTROL PLAN: The project sponsor will be required to work with the Engineering Division of the Parks and Public Works Department to develop a traffic control plan for incorporation into the construction bid documents (specifications), and this plan will include, but not be limited to , the following measures: a. Construction activities shall be strategically timed and coordinated to minimi ze traffic disruption for schools, residents , businesses, special events, and other projects in the area. The schools located on the haul route shall be contacted to help with the coordination of the trucking operation to minimize traffic disruption. b . Flag persons shall be placed at locations necessary to control one-way traffic flow. All flag persons shall have the capability of communicating with each other to coordinate the operation. c. Prior to construction, advance notification of all affected residents and emergency services shall be made regarding one-way operation, specifying dates and hours of operation. 52. HAULING OF SOIL: Hauling of soil on or off-site shall not occur during the morning or evening peak periods (between 7:00a.m. and 9:00a.m. and between 4:00p.m. and 6:00p.m.). Prior to the issuance of a building permit, the Developer shall work with the Town Building and Engineering Department Engineering Inspectors to devise a traffic control plan to ensure safe and efficient traffic flow under periods when soil is hauled on or off 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 significant projects in the area may also be required. Cover all trucks hauling soil, sand, and other loose debris. 53 . CONSTRUCTION NOISE: Between the hours of 8:00a.m. to 8:00p.m., weekdays and 9:00a.m. to 7 :00p.m. weekends and holidays, construction, alteration or repair activities shall be allowed. No individual piece of equipment shall produce a noise level exceeding eighty-five (85) dBA at twenty-five (25) feet from the source. If the device is located within a structure on the property, the measurement shall be made at distances as close to twenty-five (25) feet from the device as possible. The noise level at any point outside of the property plane shall not exceed eighty-five (85) dBA. 54. CONSTRUCTION MANAGEMENT PLAN: Prior to the issuance of any permits, the Applicant shall submit a construction management plan that shall incorporate at a minimum the Traffic Control Plan, Project Schedule, employee parking, construction staging area, materials storage area(s), construction trailer(s), concrete washout(s) and proposed outhouse location(s). 55. CONSTRUCTION PARKING: The Construction Management Plan to be submitted by the applicant shall provide a Traffic Control Plan, employee marking, construction staging, materials storage area(s), and construction trailer(s), as applicable, that do not encumber nor impede the emergency access provided via Tourney Loop and Tourney Road. 56 . SHARED PRIVATE STREET: The private street accessing the Project Site shall be kept open and in a safe, drive-able condition throughout construction. If temporary closure is needed , then formal written notice shall be provided at least one week in advance of closure. 57 . WVSD (West Valley Sanitation District): Sanitary sewer laterals are televised by West Valley Sanitation District and approved by the Town of Los Gatos before they are used or reused. Sanitary Sewer Clean-out is required for each property at the property line or location specify by the Town. 58 . SANITARY SEWER BACKWATER VALVE: Drainage piping serving fixtures which have flood level rims less than twelve (12) inches (304.8 mm) above the elevation of the next upstream manhole and /or flushing inlet cover at the public or private sewer system serving such drainage piping shall be protected from backflow of sewage by installing an approved type backwater valve. Fixtures above such elevation shall not discharge through the backwater valve, unless first approved by the Building Official. The Town shall not incur any liability or responsibility for damage resulting from a sewer overflow where the property owner or other person has failed to install a backwater valve as defined in the Uniform Plumbing Code adopted by the Town and maintain s uch device in a functional operation condition. Evidence of West Sanitation District's decision on whether a backwater device is needed shall be provided prior to issuance of a building permit. 59. STORMW ATER MANAGEMENT: Construction activities including but not limited to clearing, stockpiling, grading or excavation ofland, which disturbs 1 acre or more which are part of a larger common plan of development which disturbs less than 1 acre are required to obtain coverage under the construction general permit with the State Water Resources Control Board . You are required to provide proof ofWDID# and keep a current copy of the storm water pollution prevention plan (SWPPP) on the construction site and shall be made available to the Town of Los Gatos Engineering and/or Building Department upon request. 60. BEST MANAGEMENT PRACTICES (BMPs): The Applicant is responsible for ensuring that all contractors are aware of all storm water quality measures and that such measures are implemented. Best Management Practices (BMPs) shall be maintained and be placed for all areas that have been graded or disturbed and for all material , equipment and/or operations that need protection. Removal of BMPs (temporary removal during construction activities) shall be replaced at the end of each working day. Failure to comply with the construction BMP will result in the issuance of correction notices, citations, or stop work orders . 61. SITE DESIGN MEASURES: All projects shall incorporate the following measures: a. Protect sensitive areas and minimize changes to the natural topography. b. Minimize impervious surface areas. c. Direct roof downspouts to vegetated areas. d. Use permeable pavement surfaces on the driveway, at a minimum. e. Use landscaping to treat stormwater. 62. EROSION CONTROL: Interim and final erosion control plans shall be prepared and submitted to the Engineering Department of the Parks & Public Works Department. A Notice of Intent (NOI) and Storm Water Pollution Prevention Plan (SWPPP) shall be submitted to the San Francisco Bay Regional Water Quality Control Board for projects disturbing more than one acre. A maximum of two weeks is allowed between clearing of an area and stabilizing/building on an area if grading is allowed during the rainy season. Interim erosion control measures, to be carried out during construction and before installation of the final landscaping shall be included. Interim erosion control method shall include, but are not limited to: silt fences , fiber rolls (with locations and details), erosion control blankets, Town standard seeding specification, filter berms, check dams, retention basins, etc. Provide erosion control measures as needed to protect downstream water quality during winter months. The grading, drainage, erosion control plans and SWPPP shall be in compliance with applicable measures contained in the amended provisions C.3 and C.l4 of most current Santa Clara County NPD ES MRP Permit. Monitoring for erosion and sediment control is required and shall be performed by the QSD or QSP as required by the Construction General Permit. Stormwater samples are required for all discharge locations and projects may not exceed limits set forth by the Construction General Permit Numeric Action Levels and/or Numeric Effluent Levels. A Rain Event Action Plan is required when there is a 50% or greater forecast of rain within the 48 hours , by the National Weather Service or whenever rain is imminent. The QSD or QSP must print and save records of the precipitation forecast for the project location area from (http://www.srh.noaa.gov/forecas t) and must accompany monitoring reports and sampling test data. A Rain gauge is required on site. The Town of Los Gatos Engineering and Building Department will conduct periodic NPDES inspections of the site throughout the recognized storm season to verify compliance with the Construction General Permit and Stormwater ordinances and regulations. 63. DUST CONTROL: Blowing dust shall be reduced by timing construction activities so that paving and building construction begin as soon as possible after completion of grading, and by landscaping disturbed soils as soon as possible. Further, water trucks shall be present and in use at the construction site. All portions of the ~ite subject to blowing dust shall be watered as often as deemed necessary by the Town, or a minimum of three times daily, or apply (non-toxic) soil stabilizers on all unpaved access roads , parking areas , and staging areas at construction sites in order to insure proper control of blowing dust for the duration of the project. Watering on public streets shall not occur. Streets will be cleaned by street sweepers or by hand as often as deemed necessary by the Town Engineer, or at least once a day. Watering associated with on-site construction activity shall take place between the hours of 8 a.m . and 5 p .m . and shall include at least one late-afternoon watering to minimize the effects ofblowing dust. All public streets soiled or littered due to this construction activity shall be cleaned and swept on a daily basis during the workweek to the satisfaction of the Town. Demolition or earthwork activities shall be halted when wind speeds (instantaneous gusts) exceed 25 MPH. All trucks hauling soil , sand, or other loose debris shall be covered. 64 . CONSTRUCTION ACTIVITIES: All construction shall conform to the latest requirements of the CASQA Storm water Best Management Practices Handbooks for Construction Activities and New Development and Redevelopment , the ABAG Manual of Standards for Erosion & Sediment Control Measures, 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. 65 . SILT AND MUD IN PUBLIC RIGHT-OF-WAY: It is the responsibility of contractor and home owner to make sure that all dirt tracked into the public right-of-way is cleaned up on a daily basis. Mud, silt, concrete and other construction debris SHALL NOT be washed into the Town's storm drains. 66 . GOOD HOUSEKEEPING : Good housekeeping practices shall be observed at all times during the course of construction. All construction shall be diligently supervised by a person or persons authorized to do so at all times during working hours. The storing of goods and/or materials on the sidewalk and/or the street will not be allowed unles s an encroachment permit is issued by the Engineering Division. The adjacent public right - of-way shall be kept clear of all job related dirt and debris at the end of the day. Dirt and debris shall not be washed into storm drainage facilities. The storing of good s and materials on the sidewalk and/or the street will not be allowed unless an encroachment permit is issued. The Developer's representative in charge shall be at the job site during all working hours. Failure to maintain the public right-of-way according to this condition may result in the Town performing the required maintenance at the Developer's expense. 67 . COVERED TRUCKS: All trucks transporting materials to and from the site shall be covered . TO THE SATISFACTION OF THE SANTA CLARA COUNTY FIRE DEPARTMENT: 68. A UTOMATIC FIRE SPRINKLER SYSTEM REQUIRED: An approved automatic fire sprinkler system is required for the new residence and barn , hydraulically designed per National Fire Protection Association (N F PA) Standard #13D. A State of California licensed fire protection contractor shall submit plans, calculations a completed permit application and appropriate fees to the Fire Department for review and approval , prior to beginning work. 69. PREMISE IDENTIFICATION: Approved addres ses shall be placed on all new buildings so they are clearly visible and legible from the street. Numbers shall be a minimum of four inches high and shall contrast with their background. N:\DEV\CONDITNS\2 01 6\To umey-1 7528.d oc This Page Intentionally Left Blank 17528 TOURNEY ROAD· PROJECT DATA EXISTING PROPOSED REQUIRED/ CONDITIONS PROJECT PERMITTED Zoning district HR-1 same - Land use Single-family Single-family - General Plan Designation hillside residential same - Lot size • square feet 26 ,038 same 40,000 sq. ft. minimum • acres .5975 same Exterior materials: • siding Horizontal Wood Board & Batten Siding - Siding • trim Wood Wood - • windows Aluminum Aluminum Clad - • roofing Composite Standing Seam Metal - Building floor area: • first floor 1700 3,956 • second floor --4,300 sq. ft. maximum • garage 259 739 400 sq. ft. exemption • cellar N/A N/A exempt • accessory structure(s) N/A N/A included in FAR • total (excluding cellar) 1,959 4 ,695 4 , 700 sq. ft. maximum Setbacks (ft.): • front 90'-5" 30'-0" 30 feet minimum • rear 30'-0" 25'-0" 25 feet minimum • side 58 '-0" 20'-0" 20 feet minimum • side 51 '-0" 20 '-0" 20 feet minimum Average slope (%) 24% same - Maximum height (ft.) 14' 24 '-9" 25 feet maximum Building coverage (%) no maximum Parking garage spaces 2 (carport) 3 four spaces minimum in uncovered spaces 1 3+ addition to two in garage Sewer o r septic sewer same - N :\DEV\Mami\A&S\17528 Toumey\project data.wpd EXHIBIT 4 This Page Intentionally Left Blank