16491 S. Kennedy Rd- Staff Report & Exhibits 1-7Planning Commission Staff Report -Page 2
16491 S. Kennedy Road/S-15-044
March 23 ,2016
CEQA :
FINDINGS:
CONSIDERATIONS:
ACTION:
EXHIBITS:
The project is Categorically Exempt pursuant to the adopted
Guidelines for the Implementation of the California
Environmental Quality Act, Section 15301: Existing Facilities.
• As required, pursuant to the adopted Guidelines for the
implementation of the California Environmental Quality Act,
this project is Categorically Exempt, Section 15301 : Ex i sting
Facilities.
• As required by Section 29.10.09030(e) ofthe Town Code for
demolitions.
• As required by the Hillside Development Standards &
Guidelines for granting an exception to the maximum
allowed floor area of 6,000 square feet.
• As required by the Hillside Development Standards &
Guidelines for granting an exception to the maximum
allowed height of 25 feet.
• As required by the Hillside Development Standards &
Guidelines for granting an exception to the maximum
allowed height of 35 feet measured from the lowest part of
the building to the highest part of the building.
• As required by the Hillside Development Standards &
Guidelines that the project complies with the Hillside
Development Standards & Guidelines with the exception of
maximum floor area, maximum building height, grading
outside of the LRDA, and combined depths of cut and fill
exceeding six feet.
• As required by 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 .
1. Location Map (one page)
2 . Findings and Considerations (three pages)
3 . Recommended Conditions of Approval (11 pages)
4 . Project Data Sheet (two pages)
5. Project Description, received January 6 , 2016 (two pages)
6. Three letters of Justification, received November 19, 2015 ,
January 6, 2016 and March 15,2016 (five pages)
7 . Hillside Development Standards & Guidelines: Compliance
Planning Commission Staff Report-Page 3
16491 S. KennedyRoad/S-15-044
March 23, 2016
BACKGROUND:
Checklist, received November 19, 2015 (nine pages)
8. Consulting Arborist Report, received February 16,2016 (34
pages)
9. Architectural Consultant Report, received October 20, 2016
(three pages)
10. Colors and Materials Sheet, received January 6, 2016 (one
page)
11. Development Plans, received March 9, 2016 (24 pages)
The subject property is 4.4 acres and contains an existing 6 ,013 -square foot single-family
residence with a 1,170 -square foot attached garage and one accessory structure (a 173-square
foot enclosed pump house). The existing single-family residence was built in 1982 and there
was not a maximum floor area then. The existing residence is the second largest residence in the
immediate neighborhood with regard to square footage and second smallest in terms of floor area
ratio. The maximum square footage for the lot size is 6,400 square feet (6,000 square feet for the
house and 400 square feet for the garage).
In March of 2015 , the Building Department issued a stop work order for work that was being
done without permits at 16491 S. Kennedy Road. The stop work order was issued because all of
the exterior and interior wall materials of the house were removed . This scope of work requires
an Architecture and Site application for a technical demolition of a house prior to submittal or
issuance of building permits. Grading in the rear yard also occurred without approval of an
Architecture and Site application for a grading permit. A building permit was previously issued
for removal of the existing pool which has expired. The property owner and project architect
have provided a letter of justification (Exhibit 6).
The work resulted in a technical demolition when more than 50 percent of the exterior wall area
was erroneously removed. Pursuant to Section 29.10.09030 of Town Code a demolition of a
non-historic structure is defined as:
• The removal of more than 50 percent of all exterior wall areas ; or
• A failure to maintain a contiguous (connecting without a break) portion of the existing
exterior wall area that is 50 percent or more of the total exterior wall area.
In June of2015, the applicant submitted an Architecture and Site application. The applicant's
team has worked closely with the Planning, Engineering, Building and Fire departments to
develop plans that meet the Town's Hillside Development Standards and Guidelines (HDS&G)
while working within the existing building shell and site conditions . The applicant has also
worked closely with Public Works and Code Enforcement to implement an on-site erosion and
sediment control plan.
Planning Commission Staff Report-Page 4
16491 S . Kennedy Road/S-15-044
March 23 , 2016
The Architecture and Site application is being considered by the Planning Commission because
the proposal would exceed:
• 6,000 square feet in gross floor area; and
• The maximum allowed building height of 25 feet.
Section IX.F of the HDS&G states that exceptions to the maximum floor area and building
height may be granted after carefully considering the constraints of the site, and the burden of
proof shall be on the appl icant to show that there are compelling reasons for granting the
requested exception.
The applicant is also requesting two additional exceptions from the HDS&G which include:
• Grading outside of the Least Restrictive Development Area (LRDA), on an existing slope
of greater than 30 percent to accommodate rear yard retaining walls; and
• Exceeding the maximum allowable combined cut and fill depth (six feet) for
development other than the main residence (within the proposed covered patio/cabana
area).
PROJECT DESCRIPTION :
A . Location and Surrounding Neighborhood
The property is located at 16491 S . Kennedy Road , south of Kennedy Road. Surrounding
properties contain single-family residences.
B. Project Summary
The applicant is proposing to technically demolish the existing single-family home,
construct a covered patio/cabana, and modify the driveway and rear yard .
The scope of work includes the following:
• Modify all exterior materials including walls, trim, windows, doors, roof and deck
railings of the house;
• Modify the interior layout of the house;
• Retain the existing building shell of the house;
• Retain the existing height of house (29 feet);
• Reduce the footprint of the house by modifying the kitchen layout (-5 s .f .);
• Reduce the floor area in the attic space by vaulting existing ceilings (-219 s .f .);
• Reduce the floor area by removing the existing pump house ( -173 s. f.);
• Reduce the overall floor area of the property by a total of397 s.f .;
Planning Commission Staff Report -Page 5
16491 S. Kennedy Road/S-15-044
March 23,2016
• Screen the existing pump equipment with vegetation;
• Reduce the size of the existing driveway (-4,930 s .f.);
• Remove the impervious driveway paving and replace with pervious pavers;
• Remove the 8-foot tall retaining wall in rear yard;
• Install a new swimming pool in rear yard;
• Install three 4 to 4-1 /2-foot tall tiered retaining walls in rear yard;
• Construct a new 729-square foot detached covered patio/cabana (not counted
toward floor area);
• Grade the rear yard to accommodate a new pool , new retaining walls, new
pervious paving patio and walkway, and new covered patio/cabana;
• Install a new drainage system for the rear yard; and
• Preserve and protect all existing trees.
C. Zoning Compliance
A single-family residence is a permitted use in the HR zone. The project is in
compliance with setbacks and on-site parking requirements.
ANALYSIS :
A. Architecture and Site Analysis
The applicant has technically demolished an existing two-story Tudor style home by
demolishing more than 50 percent of all exterior walls. The applicant proposes to:
• Maintain the existing building footprint and building shell.
• Reduce the existing floor area by reducing attic space and reducing the kitchen
space of the main residence by a total of 224 square feet.
• Remove an existing 173 -square foot pump house located within the front setback
of the property.
• Construct a new 729 -square foot covered patio/cabana in the rear yard. The
proposed covered patio/cabana square footage does not count towards floor area
because the structure is not enclosed.
Any garage floor area greater than 400 square feet counts towards the house floor area.
The applicant proposes to reduce the total house floor area by 397 square feet. The
existing and proposed square footage that counts towards floor area is shown on the
following page:
Planning Commission Staff Report -Page 6
16491 S. Kennedy Road/S-15-044
March 23, 2016
Floor Area Chart
Existing s.f.
Main House
Attic 845
Second Floor 761
Main Floor 4,568
Lower Floor 239
Garage* 1,170
Accessory
Structures
Pump House 173
Total 7,756 s.f.
Proposed s.f. Counts Toward
Floor Area
626 626
761 761
4,563 4,563
239 239
1,170 770
0 0
7,359 s.f. 6,959 s.f.
*Pursuant to the HDS&G garages up to 400 square feet in area are not included in th e
floor area ratio calculation .
Hous e and Attached Garage
The proposed project would maintain the building's existing maximum height of29 feet
where 25 feet is the maximum allowed height pursuant to the HDS&G (see Height
discussion below).
The applicant proposes to modify the existing Tudor style home to a Mediterranean style
without adding square footage or mass. Materials would consist of smooth trowel
finished stucco, stone veneer, wood windows, wood doors and wood garage doors,
limestone lintels, mission style "S" clay tile roof, and wrought iron railings on the front
deck with stucco columns with recessed panels and stone caps (Exhibit 1 0).
The Town's Consulting Architect reviewed the project on October 20, 2015 (Exhibit 9).
The Town 's Consulting Architect recommended carrying the stone veneer material
around all sides of the house to be consistent with the Town 's Residential Guidelines.
The applicant addressed the recommendation by carrying the stone veneer around all
sides of the house (Exhibit 11, Sheet 4.0 and 4 .1 ).
Driveway, Rear Yard and Covered Patio/Cabana
The applicant proposes to reduce the size of the existing driveway by 4,930 square feet
by removing the eastern portion adjacent to the house and converting it to landscaped
area. The existing impervious driveway material will b e replaced with pervious pavers.
In the rear yard the applicant proposes a new swimming pool to replace the existing pool,
a new pervious paver patio, three 4 to 4-1 /2-foot natural stone retaining walls to replace
the existing eight foot rear retaining wall, and a new 729 -square foot covered
patio/cabana. The proposed covered patio/cabana would match the materials and colors
Planning Commission Staff Report -Page 7
16491 S . Kennedy Road/S-15-044
March 23 , 2016
of the main house. The covered patio/cabana meets all lot coverage and setback
requirements.
The proposed swimming pool and pervious patio would be located in an existing flat area
of the property. The proposed retaining walls are located in an area with slopes greater
than 30% and outside of the LRDA (See Grading discussion below).
Exhibit 4 provides general project data. Two letters from the homeowner and a letter of
justification from the applicant are attached as Exhibit 6. A project description from the
applicant is attached as Exhibit 5. Proposed development plans are attached as Exhibit
11.
B. Neighborhood Compatibility
Based on Town and County records, the residences in the immediate neighborhood range
in size from 1, 726 square feet to 7 ,313 square feet. The FAR ranges from 0.02 to 0.27.
The applicant is proposing 6 ,189 square feet which counts as FAR for the home (not
including garage or accessory structure square footage) on a 192 ,099-square foot parcel
(0.03 FAR). The maximum allowed square footage for the lot size is 6,000 square feet
(excluding 400 square feet of garage area).
The Neighborhood Analysis table below reflects the current conditions in the immediate
neighborhood.
Address House Garage Lot Size House No.
s.f. s.f. s.f. FAR Stories
16411 S. Kennedy 4 ,300 635 54,013 0.08 1
16420 S. Kennedy 5,700 965 64,904 0.09 2
16440 S. Kennedy 7,313 864 27,000 0.27 2
16481 S. Kennedy 3,102 484 40,007 0.08 2
16484 S. Kennedy 1,969 494 94,200 0.02 1
16500 S. Kennedy 1,726 480 49,149 0.04 1
16505 S. Kennedy 4,496 630 53,449 0.08 2
16515 S. Kennedy 4,590 720 50,235 0.09 2
16520 S . Kennedy 5,799 1,092 53 ,449 0.11 1
16555 S . Kennedy 4,604 707 48 ,090 0.10 1
16565 S. Kennedy 3,560 1,152 43 ,400 0.07 2
·16575 S. Kennedy 5,978 1,572 57 ,998 0 .10 2
(N) 16491 S. Kennedy 6,189 1,170 192,099 0.03 2
(E) 16491 S. Kennedy 6 ,586 1,170 192,099 0.03 2
Planning Commission Staff Report-Page 8
16491 S. Kennedy Road/S-15-044
March 23 ,2016
The application is being considered by the Planning Commission because the square
footage that counts as FAR for the residence would be greater than 6,000 square feet.
However, pursuant to the HDS&G , exceptions may be granted after carefully considering
the constraints of the site. At 6,189 square feet, the residence would be the second largest
based on square footage. Including the 770 square feet of garage floor area that counts
towards the house the residence would be 6,959 square feet, 959 square feet more than
the maximum allowable floor area.
The applicant provides rationale for the proposed floor area (Exhibit 6) stating that the
building floor area is existing and the total floor area of the project is being reduced by
397 square feet.
Staff supports this exception as the project is existing, the floor area has been reduced,
the FAR ofthe proposed project is compatible with the development on the surroundings
lots, and the house meets the required lot coverage and setbacks.
C. Building Height
The application is also being considered by Planning Commission because the residence
would exceed the maximum allowed building height pursuant to the HDS&G.
The application is a technical demolition because more than 50 percent of the exterior
walls were removed; however, the existing roof for the entire structure has been
maintained. The existing and proposed two-story residence is 29 feet in height. The
building does not extend above a ridgeline and is not visible from a viewing platform.
The maximum allowed building height is 25 feet and the maximum allowed height from
lowest point to the highest point is 35 feet. The existing and proposed residence exceeds
the maximum building height by 4 feet and by one foot 9-1 /2 inches for the high to low
measurement. However, pursuant to the HDS&G, the Planning Commission may grant
exceptions after carefully considering the constraints of the site.
The applicant provides rationale for the proposed height (Exhibit 5) stating that the
request to exceed the maximum building height is an existing condition and compatible
with the surrounding neighborhood.
Staff supports this exception as the building height is an existing condition and is
compatible with the surrounding neighborhood.
Planning Commission Staff Report-Page 9
16491 S. Kennedy Road/S-15-044
March 23,2016
D. Grading
The project meets all HDS&G grading standards and recommendations with the
following exceptions:
• Grading outside of the LRDA, on an existing slope greater than 30 percent to
accommodate rear yard tiered retaining walls and a covered patio/cabana; and
• Exceeding the maximum allowable combined cut and fill depth (six feet) for
development other than the main residence (within the proposed covered patio/cabana
area).
Area o(Least Restrictive Development
The HDS&G requires that each development application identify and map the 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 slope less than 30 percent.
The western portion of the rear yard had an existing pool, water fall and existing eight-
foot retaining wall. The applicant removed the existing pool and waterfall. The proposed
retaining walls will comply with the HDS&G.
The applicant proposes to remove the existing eight foot retaining wall and to build three
4 to 4-1 /2 feet tall retaining walls at the rear yard slope. Each retaining wall will be
separated by three feet and be planted with drought tolerant landscaping.
The proposed rear yard retaining walls are located within an existing area with slopes
greater than 30 percent, outside of the LRDA. This artificial slope was created when the
original house pad and rear yard were graded. Staff supports the request to grade outside
of the LRDA within the western portion of the rear yard because the slope is existing and
the proposed retaining walls will meet the HDS&G.
In addition to replacing the existing non-conforming eight-foot retaining wall the
applicant has also proposed to grade the eastern slope of the rear yard to create a flat yard
area to accommodate the proposed covered patio/cabana. The grading will require
retaining walls.
This area is located outside of the LRDA as the existing slopes are greater than 30
percent. The site has already been graded in this area without a grading permit. Staff
does not support the request to grade outside of the LRDA along the eastern slope of the
rear yard. To stay within the LRDA the applicant could restore the previous grade and/or
reduce the siz e of the covered patio/cabana and rear patio .
Planning Commission StaffReport-Page 10
16491 S. Kennedy Road/S-15-044
March 23, 2016
Exceeding the Maximum Allowed Combined D epth of Cut and Fill
The HDS&G requires that developments meet the required maximum cut and fill depths
located in Table 1 of the HDS&G (page 17). Absent adequate justification, cut and fill in
excess of the maximum levels are considered excessive and contrary to the objectives of
the HDS&G. Projects should only grade to the minimum amount necessary to
accommodate building and site structures consistent with slope contours .
The project exceeds the allowable maximum combined graded cut and fill depth (six feet)
for development other than the main residence identified in Table 1. The eastern portion
of the rear yard is proposed to be graded to accommodate the covered patio/cabana which
would result in a maximum combined cut and fill of six feet, six inches where a
maximum of six feet is allowed pursuant to Chapter III. A. Standard 1 of the HDS&G
(page 17).
The applicant has provided justification in Exhibit 6 stating that the grading has already
occurred, the proposed covered patio/cabana has been lowered into the grade to reduce
the maximum combined cut and fill , and the proposed retaining walls meet the HDS&G.
Staff does not support this exception as the eastern portion of the rear yard could be
modified to meet this standard.
E. Tree Impacts
The project was reviewed by the Consulting Arborist and a report was prepared (Exhibit
8). There are 16 protected trees within the proposed construction area. The proposal does
not involve the removal of any existing trees to the property. The Consulting Arborist
recommended that Tree #15, a 31-inch diameter Coast Live Oak be tested for trunk
density, as field observations show possible decay in the trunk. Based on the findings of
the trunk density test the Coast Live Oak tree may be recommended to be removed. A
tree removal permit and canopy replacement pursuant to Town Code would be required if
the tree is approved to be removed. Tree protection measures are incorporated as a
Condition of Approval (Exhibit 3, #1 0) 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 LU-6.8-New construction, remodels, and additions shall be compatible and
blend with the existing neighborhood .
Planning Commission StaffReport-Page 11
16491 S. Kennedy Road/S-15-044
March 23, 2016
• 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.
• Goal CD-14 -To preserve the natural topography and ecosystems within the hillside
area by regulating grading, landscaping, and lighting.
G. CEQA D etermination
The project is Categorically Exempt pursuant to the adopted Guidelines for the
Implementation of the California Environmental Quality Act, Section 15301 : Existing
Facilities.
PUBLIC COMMENTS:
At the time of this report's preparation, the Town has not received any public comment.
SUMMARY AND RECOMMENDATION:
A. Summary
The project complies with the HDS&G except for the requests to: exceed the maximum
allowed floor area; exceed the maximum building height; grade outside of the LRDA;
and exceed the maximum combined cut and fill depth (six feet) for development other
than the main residence.
Pursuant to the HDS&G, the Planning Commission may grant an exception from the
maximum floor area and building height standards. Exceptions may be granted after
considering the constraints of the site and any compelling reasons for granting an
exception.
B. Recommendation
This application is being considered by the Planning Commission because the applicant is
requesting an exception to the maximum building height and maximum allowable floor
area.
The applicant's request to exceed the maximum building height would maintain
consistency with the mass and height of the existing building. While the project is
considered a technical demolition because more than 50 percent of the exterior wall area
was removed, the existing roof of the single-family residence was maintained.
The applicant's request to exceed the maximum allowable floor area is compatible with
the immediate neighborhood. The proposed house will be the second largest home by
Planning Commission StaffReport-Page 12
16491 S. Kennedy Road/S-15-044
March 23,2016
square footage in the immediate neighborhood . The subject house and garage floor area
are existing. The building envelope will be reduced slightly. The applicant proposes to
reduce the existing countable floor area of the home by 367 square feet by modifying the
kitchen building foot print, removing existing attic space, and removing an existing on-
site pump house.
Staff would not typically support a height exception; however, staff supports this
exception because the building shell is existing and will not be modified from a mass or
height perspective. The existing structure does not extend above a ridgeline and is not
visible from any of the four viewing platforms. The proposed project will improve the
existing architecture and be compatible with the immediate and surrounding homes.
While staff supports the height exception and the floor area exception, staff is
recommending denial of the application because of the request to grade outside of the
LRDA in the rear yard and the request to exceed the maximum combined cut and fill
depth (six feet) for development other than the main residence.
ALTERNATIVES
Alternatively, the Commission can:
1. If the Commission finds merit with the project and would like to approve the
application, it should take the following actions:
a . 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);
and
b. Make the required findings as required by Section 29.10.09030(e) of the Town
Code for granting approval of a demolition (Exhibit 2); and
c. Make the required findings as required by the HDS&G for granting an exception
to the maximum allowed floor area of 6,000 square feet (Exhibit 2); and
d. Make the required findings as required by the HDS&G for granting an exception
to the maximum allowed height of25 feet and the maximum allowed height of35
feet of a building's tallest elevation measured from the lowest part of the building
to the highest part (Exhibit 2); and
e. Make the finding that other than the exception to maximum floor area, exceeding
the maximum building height , grading outside of the LRDA , and the maximum
combined cut and fill depth (six feet) for development other than the main
residence the project complies with the HDS&G and Hillside Specific Plan
(Exhibit 2); and
f. 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
g. Approve Architecture & Site Application S-15-044 with conditions contained in
16491 S. Kennedy Road
EXHIBIT 1
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PLANNING COMMISSION-March 23, 2016
REQUIRED FINDINGS & CON SID ERA TIONS FOR:
16491 S. Kennedy Road
Architecture and Site Application S-15-044
Requesting approval to technically demolish an existing single-family residence, construct a
Jiew single-family residence that will exceed the maximum floor area and building height, and a
grading permit on property zoned HR-1. APN 532-17-035.
PROPERTY OWNER: Robert Nicol
APPLICANT: Sully McGrath, Mitchell Development Inc.
FINDINGS
Required lmding for CEQA:
• The project is Categorically Exempt pursuant to the adopted Guidelines for the
Implementation of the California Environmental Quality Act, Section 15301: Existing
Facilities.
Required lmding for the demolitions:
• As required by Section 29 .10 .09030(e) of the Town Code for demolitions:
1. The Town's housing stock will be maintained as the residence will be replaced.
2. The existing structure has no architectural or historical significance, and is in poor
condition.
3. The property owner does not desire to maintain the structures as they exist; and
4. While the majority of the structure will be maintained, the scope of the proposed remodel
requires removal of more than 50% of the existing wall area; which will result in a
technical demolition.
Exception to Maximum Floor Area:
• The Commission may grant an exception to the maximum allowed floor area greater than
6,000 square feet in gross floor area pursuant to Chapter IV, section C. of the Hillside
Development Standards & Guidelines if the following conditions are satisfied:
1. The development will not be visible from any of the established viewing platforms.
The existing single-family residence is not visible.
2. There will be no significant impacts on protected trees, wildlife habitat or movement
corridors.
No trees will be removed and there will no significant impacts on wildlife habitat or
movement corridors.
3. Any grading necessary to accommodate the building area that exceeds the allowed FAR
or any accessory building will be minimized.
No grading is proposed for th e main hous e. The proposed accessory building do es
not propose floor area as it is open on all four sides .
4. All standards and applicable guidelines are being met.
The project complies with the Hillside Development Standards and Guidelines Other
than the exceptions of the maximum floor area, the maximum building height, grading
out of the LRDA, and combined depths of graded cut plus fill for development other
than the main residence exceeding six feet the project is in compliance with the
Hillside Development Standards & Guidelines.
5. Compliance to Title 24 Energy Efficiency Standards are shown using computer methods.
The compliance margin must be at least 10.0.
A preliminary Build It Green checklist was completed by the applicant and shows that
the project will meet the minimum number of points (50) needed to achieve
certification.
6. The house will be pre-wired for future photovoltaic (PV) installation.
The residence is not pre-wired for future photovoltaic (PV) installation.
7. A minimum of 25% of hardscape material is permeable (certain types of interlocking
pavers, grasscrete, pervious concrete, etc.)
The proposed project has 13,904 square feet of hardscape material, 11 , 967 square
feet of the hardscape is impervious interlocking pavers resulting in 86% th e of total
hardscape material is pervious.
8. A significant cellar element is included in the design, unless it conflicts with other
standards.
The existing single family residence does not include a cellar.
9. There will not be a significant visual impact to neighboring properties.
The house is existing and will be improved by the proposed exterior modifications to
the materials and colors. No additional square footage is proposed.
Exception to Maximum Allowable Building Height:
• The Commission may grant an exception to the maximum allowed height of 25 feet pursuant
to Chapter IX, section F. of the Hillside Development Standards & Guidelines. Any
deviation shall include the rationale and evidence to support the granting of an exception.
• The Commission may grant an exception to the maximum allowed height of 35 feet of a
building's tallest elevation measured from the lowest part of the building to the highest part
pursuant to Chapter IX, section F. of the Hillside Development Standards & Guidelines. Any
deviation shall include the rationale and evidence to support the granting of an exception.
Required compliance with Hillside Development Standards & Guidelines:
• Other than the exceptions of the maximum floor area, the maximum building height, grading
outside of the LRDA, and maximum combined depths of cut and fill for development other
than the main residence exceeding six feet the project is in compliance with the Hillside
Development Standards & Guidelines.
-The eastern portion of the yard could be modified to meet the LRDA criteria and to meet the
maximum combined depths of cut and fill for development other than the main residence (six
feet).
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 residence on an existing parcel. The proposal is 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.
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CONDITIONS OF APPROVAL -March 23,2016
16491 S. Kennedy Road
Architecture and Site Application S-15-044
Requesting approval to technically demolish an existing single-family residence, construct
a new single-family residence that will exceed the maximum floor area and building
height, and a grading permit on property zoned HR-1. APN 532-17-035.
PROPERTY OWNER: Robert Nicol
APPLICANT: Sully McGrath, Mitchell Development Inc.
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 (March 23 , 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. 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).
4. 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 Hill s ide
Development Standards & Guidelines.
5. SALVAGE OF BUILDING MATERIALS: Prior to the issuance of a demolition permit,
the developer shall pro vide 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.
6. 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.
7. TREE STAKING : All newly planted trees shall be double-staked using rubber tree ties.
8 . 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.
9. ARBORIST REQUIREMENTS : The developer shall implement, at their cost, all
recommendations made by Walter Levison, identified in the Arborist 's reports dated as
received February 16,2016 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.
£X1UBI1' 3
10. 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 Walter Levison
dated as received February 16,2016, on file in the Community Development
Department. Include a tree protection plan with the construction plans.
11. LANDSCAPE PLAN: The final landscape plan shall be prepared by the applicant and
submitted with the building permit. The final landscape shall comply with the Hillside
Development Standards and Guidelines criteria for planting (ornamental planting shall
be confined to areas within 30 feet of the house , inclusive of decks, patios and
driveway).
12. WATER EFFICIENCY LANDSCAPE ORDINANCE: The final landscape plan shall
meet the Town of Los Gatos Water Conservation Ordinance or the State Water Efficient
Landscape Ordinance, whichever is more restrictive. A review fee based on the current
fee schedule adopted by the Town Council is required when working landscape and
irrigation plans are submitted for review.
13. ARCHITECTURAL CONSULT ANT REQUIREMENTS: The developer shall
implement, at their cost, the recommendations made by Cannon Design Group,
identified in the Architectural Consultant report, dated as received October 20, 2016 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.
14. GREEN BUILDING: The house shall be designed to achieve compliance with
GreenPoint Rated Standards for green building certification. The GreenPoint checklist
shall be completed by a Certified Green Building Professional and submitted to the
Town prior to issuance of a building permit.
15 . PUMP HOUSE EQUIPMENT AND WATER TANK: The pump house equipment and
water tank shall be screened from view by screening vegetation and/or fencing up to a
maximum of 6 feet in height prior to issuance of the building permit.
16. 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.
17. SOLAR : During the Architecture and Site application process all new residences , to the
extent feasible, shall be designed to take full advantage of passive solar opportunities.
Each residence shall be pre-plumbed for solar hot water heating and shall comply with
the Town's Conservation Element of the General Plan.
18. 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.
19. COMPLIANCE MEMORANDUM : A memorandum, in compliance with standard
Town practice, shall be prepared and submitted with the building permit detailing how
the conditions of approval will be addressed.
Building Division
20. 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.
21. C ONDITIONS 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.
22. SIZE OF PLANS: Four sets of construction plans, minimum size 24" x 36", maximum
size 30" x 42".
23. DEMOLITION REQUIREMENTS : No demolition work shall be done without first
obtaining a Permit from the Town.
24 . SOILS REPORT: A Soils Report, prepared to the satisfaction of the Building Official ,
containing foundation and retaining wall design recommendations, shall be submitted
with the building 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.
25. 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.
Hori zontal 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
26. 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 ofthe next upstream manhole.
27. 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 10-feet ofChirnney.
28 . TITLE 24 ENERGY COMPLIANCE : All required California Title 24 Energy
Compliance Forms must be blue-lined, i.e. directly printed onto a plan sheet.
29. RESIDENTIAL TOWN ACCESSIBILITY STANDARDS: The residence shall be
designed with adaptability features for single family residences per Town Resolution
1994-61:
a. Wood backing (2 " x 8" minimum) shall be provided in all bathroom walls at
water closets, showers, and bathtubs, located 34-inches from the floor to the
center of the backing, suitable for the installation of grab bars .
b. All passage doors shall be at least 32-inches wide on the accessible floor.
c. Primary entrance shall be a 36-inch wide door including a 5 'x5 ' level landing, no
more than l-inch out of plane with the immediate interior floor level with an 18-
inch clearance at interior strike edge.
d . Door buzzer, bell or chime shall be hard wired at primary entrance.
30. HAZARDOUS FIRE ZONE: The project requires a Class A Roof assembly.
31. 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.
32. 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.
33. 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 .
34. 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.losgatosca.gov/building
35. 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 .losgatosca.gov/building.
36. APPROVALS REQUIRED: The project requires the following departments and
agencies approval before issuing a building permit:
a. Community Development -Planning Division: Erin Walters (408) 354-6867
b . Engineering/Parks & Public Works Department: Mike Weisz (408) 354-5236
c. Santa Clara County Fire Department: (408) 378-4010
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 issuance .
TO THE SATISFACTION OF THE DIRECTOR OF PARKS &PUBLIC WORKS:
Engineering Division
37. GENERAL: All public improvements shall be made according to the latest adopted
Town Standard Plans, Standard Specifications and Engineering Design Standards. 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 encroachment
permit is issued. The Applicant's representative in charge shall be at the job site during
all working hours. Failure to maintain the public right-of-way according to this
condition may result in the Town performing the required maintenance at the Applicant's
expense.
38 . APPROVAL: This application shall be completed in accordance with all of the
conditions of approval listed below and in substantial compliance with the latest
reviewed and approved development plans. Any changes or modifications to the
approved plans or conditions of approvals shall be approved by the Town Engineer.
39. ENCROACHMENT PERMIT : Any and all work in the public right-of-way will require
a Construction Encroachment Permit. All work over $5,000 will require construction
security. It is the responsibility of the Applicant 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, Comcast, 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.
40. PUBLIC WORKS INSPECTIONS: The Applicant 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 or paving, 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.
41 . RESTORATION OF PUBLIC IMPROVEMENTS: The Applicant shall repair or
replace all existing improvements not designated for removal that are damaged or
removed because of the Applicant's operations. Improvements such as, but not limited
to: curbs, gutters, sidewalks, driveways, signs, pavements,' raised pavement markers,
thermoplastic pavement markings, etc., shall be repaired and replaced to a condition
equal to or better than the original condition. Any new concrete shall be free of stamps,
logos, names, graffiti, etc. Any concrete identified that is displaying a stamp or equal
shall be removed and replaced at the Contractor's sole expense and no additional
compensation shall be allowed therefore. Existing improvement to be repaired or
replaced shall be at the direction of the Engineering Construction Inspector, and shall
comply with all Title 24 Disabled Access provisions. The Applicant shall request a
walk-through with the Engineering Construction Inspector before the start of
construction to verify existing conditions.
42 . SITE SUPERVISION: The General Contractor shall provide qualified supervision on
the job site at all times during construction .
43 . 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.
44. 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.
45. INSPECTION FEES: Inspection fees shall be deposited with the Town prior to the
issuance of any permits.
46. DESIGN CHANGES: Any proposed changes to the approved plans shall be subject to
the approval of the Town prior to the commencement of any and all altered work. The
Applicant's project engineer shall notify, in writing, the Town Engineer at least seventy-
two (72) hours in advance of all the proposed changes. Any approved changes shall be
incorporated into the final "as-built" plans.
47. 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.
48. GRADING PERMIT: A grading permit is required for all site grading and drainage
work except for exemptions listed in Section 12.20.015 ofThe Code ofthe 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 A venue. The grading plans shall include final grading, drainage, retaining
wall location, driveway, utilities and interim erosion control. Grading plans shall list
earthwork quantities and a table of existing and proposed impervious areas. Unless
specifically allowed by the Director of Parks and Public Works, the grading permit will
be issued concurrently with the building permit. The grading permit is for work outside
the building footprint(s). A separate building permit, issued by the Building Department
on E. Main Street, is needed for grading within the building footprint.
49 . GRADING ACTIVITY RESTRICTIONS: Upon receipt of a grading permit, any and all
grading activities and operations shall not commence until after the rainy season , as
defined by the State Water Resources Control Board (October 1-April 30), has ended.
50. DRAINAGE STUDY: Prior to the issuance of any grading permits, the following
drainage studies shall be submitted to and approved by the Town Engineer: a drainage
study of the project including diversions, off-site areas that drain onto and/or through the
project, and justification of any diversions; a drainage study evidencing that the
proposed drainage patterns will not overload the existing storm drain facilities ; and
detailed drainage studies indicating how the project grading, in conjunction with the
drainage conveyance systems (including applicable swales, channels, street flows , catch
basins, storm drains, and flood water retarding) will allow building pads to be safe from
inundation from rainfall runoff which may be expected from all storms up to and
including the theoretical 1 00-year flood .
51. DRAINAGE IMPROVEMENT: Prior to the issuance of any grading/improvement
permits, the Applicant shall : a) design provisions for surface drainage; and b) design all
necessary storm drain facilities extending to a satisfactory point of disposal for the
proper control and disposal of storm runoff; and c) provjde a recorded copy of any
required easements to the Town.
52 . TREE REMOVAL: Copies of all necessary tree removal permits shall be provided prior
to the issuance of a grading permit/building permit.
53. SURVEYING CONTROLS : Horizontal and vertical controls shall be set and certified
b y 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.
54. 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.
55. SOILS REPORT: One copy of the soils and geologic report shall be submitted with the
application. The soils report shall include specific criteria and standards governing site
grading, drainage, pavement design, retaining wall design, and erosion control. The
reports shall be signed and "wet stamped" by the engineer or geologist, in conformance
with Section 6735 of the California Business and Professions Code .
56. SOILS REVIEW: Prior to issuance of any permits, the Applicant's engineers shall
prepare and submit a design-level geotechnical/geological investigation for review and
approval by the Town. The Applicant's soils engineer shall review the final grading and
drainage plans to ensure that designs for foundations , retaining walls, site grading, and
site drainage are in accordance with their recommendations and the peer review
comments. Approval of the Applicant 's soils engineer shall then be conveyed to the
Town either by letter or by signing the plans.
57. SOILS ENGINEER CONSTRUCTION OBSERVATION: During construction, all
excavations and grading shall be inspected by the Applicant 's soils engineer prior to
placement of concrete and/or backfill so they can verify that the actual conditions are as
anticipated in the design-level geotechnical report, and recommend appropriate changes
in the recommendations contained in the report, if necessary. The results of the
construction observation and testing shall be documented in an "as-built" letter/report
prepared by the Applicant's soils engineer and submitted to the Town before final
release of any occupancy permit is granted.
58. SOIL RECOMMENDATIONS: The project shall incorporate the
geotechnical/geological recommendations contained in the by
, dated , 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.
59. UTILITIES: The Applicant 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 27.50.0 15(b ). All new utility services
shall be placed underground. Underground conduit shall be provided for cable
television service. The 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.
60. EXISTING PUMP HOUSE STRUCTURE: If the Applicant intends to alter or remove
the existing pump house structure in any fashion, details of proper screening of the water
tank and all related equipment shall be provided on submitted plans, reviewed by the
Town of Los Gatos , and approved for implementation prior to the issuance of any
permits.
61. 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. Waiver of this condition
will require signed and notarized letters from all affected neighbors.
62. PRECONSTRUCT! ON PAVEMENT SURVEY: Prior to issuance of a
Grading/Building Permit, the project Applicant shall complete a pavement condition
survey documenting the extent of existing pavement defects using a 35-mm, smartphone
video (in Landscape orientation only) or digital video camera. The survey shall extend
the entire length of the private road referred to as Vivian Drive in Book 433 of Maps,
Page 22 , Santa Clara County Records, from South Kennedy Road to the property line
shared by the site in question and APN 532-17-017. The results shall be documented in
a report and submitted to the Town for review.
63. 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.
64. CONSTRUCTION STREET PARKING: No vehicle having a manufacture's rated g ro ss
vehicle weight exceeding ten thousand (1 0,000) 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.
65. 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 Applicant 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
Applicant/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.
66. CONSTRUCTION HOURS: All subdivision improvements and site improvements
construction activities, including the delivery of construction materials, labors, heavy
equipment, supplies, etc., shall be limited to the hours of 8:00a.m. to 8:00p.m.,
weekdays and 9:00a.m. to 7 :00p.m. weekends and holidays. The Town may authorize,
on a case-by-case basis, alternate construction hours . The Applicant/Subdivider shall
provide written notice twenty-four (24) hours in advance of modified construction
hours. Approval of this request is at discretion of the Town.
67. CONSTRUCTION NOISE: Between the hours of8:00 a.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.
68. 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 Project Schedule, employee parking, construction staging area, materials
storage area(s), concrete washout(s) and proposed outhouse location(s).
69. SHARED PRIVATE STREET: The private street accessing 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.
70. 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. A Sanitary Sewer Clean-out is required for each property at the property line,
or at a location specified by the Town.
71. 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 such 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 the issuance of a
building permit.
72. 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 ofBMPs (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.
73 . 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.
74. 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, bubble-ups, dry wells , outfalls,
infiltration trenches, detention basins and energy dissipaters, shall be provided on
submitted plans, reviewed by the Engineering Division of the Parks and Public Works
Department, and approved for implementation.
75. 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 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 Town of Los Gatos Engineering Division of the
Parks and Public Works Department and the 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.
76. 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 site subject to
blowing dust shall be watered as often as deemed necessary by the Town, or a minimum
of three (3) 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 shall 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 (1) late-afternoon watering to minimize the effects of blowing dust. All public
streets soiled or littered due to this construction activity shall be cleaned and swept on a
daily basis during the workweek to the satisfaction of the Town. Demolition or
earthwork activities shall be halted when wind speeds (instantaneous gusts) exceed
twenty-five (25) miles per hour (MPH). All trucks hauling soil, sand, or other loose
debris shall be covered.
77 . 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 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.
78. SITE DRAINAGE: Rainwater leaders shall be discharged to splash blocks. No through
curb drains will be allowed. Any storm drain inlets (public or private) directly
connected to public storm system shall be stenciled/signed with appropriate "NO
DUMPING -Flows to Bay" NPDES required language. On-site drainage systems for all
projects shall include one of the alternatives included in section C.3.i ofthe Municipal
Regional NPDES Permit. These include storm water reuse via cisterns or rain barrels,
directing runoff from impervious surfaces to vegetated areas and use of permeable
surfaces. If dry wells are to be used they shall be placed a minimum of ten (1 0) feet
from the adjacent property line and/or right-of-way. No improvements shall obstruct or
divert runoff to the detriment of an adjacent , downstream or down slope property.
79 . SILT AND MUD IN PUBLIC RIGHT-OF-WAY: It is the responsibility of Contractor
and homeowner to make sure that all dirt tracked into the public right-of-way is cleaned
up on a daily basis. Mud, silt, concrete and other construction debris SHALL NOT be
washed into the Town 's storm drains .
80. GOOD HOUS EKEEPING: 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 unless an
encroachment permit is issued by the Engineering Division of the Parks and Public
Works Department. 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 encroachment permit is issued. The Applicant's
representative in charge shall be at the job site during all working hours. Failure to
maintain the public right-of-way according to this condition may result in penalties
and/or the Town performing the required maintenance at the Applicant's expense .
81. NEIGHBORHOOD CONSTRUCTION COMMUNICATION PLAN : The Applicant
shall initiate a weekly neighborhood email notification program to provide project status
updates. The email notices shall also be posted on a bulletin board placed in a
prominent location along the project perimeter.
82 . COVERED TRUCKS: All trucks transporting materials to and from the site shall be
covered .
TO THE SATISFACTION OF THE SANTA CLARA COUNTY FIR E DEPARTMENT:
83. WILDLAND-URBAN INTERFACE: This project is located within the designated
Wildland Urban Interface Area. The building construction shall comply with 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.
84. WATER SUPPLY REQUIREMENTS: Potable water supplies shall be protected from
contamination caused by fire protection water supplies. It is the responsibility of the
applicant and any contractors and subcontractors to contact the water purveyor
supplying the site of such project, and to comply with the requirements of that purveyor.
Such requirements shall be incorporated into the design of any water-based fire
protection systems, and/or fire suppression water supply systems or sto rage containers
that may be physically connected in any manner to an appliance capable for causing
contamination of the potable water supply of the purveyor of record . Final approval of
the system(s) under consideration will not be granted by this office until compliance
with the requirements of the water purveyor of record are documented by that purveyor
as having been met by the applicant. 2010 CFC Sec. 903.5 and Health and Safety Code
13114.7.
85 . AUTOMATIC FIRE SPRINKLER SYSTEM REQUIRED: An approved automatic fire
sprinkler system is required for the new residence and bam, hydraulically designed per
National Fire Protection Association (NFPA) 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.
86. CONSTRUCTION FIRE SAFETY: The construction site shall comply with a pplicable
provisions ofthe California Fire Code, Chapter 14 and Fire Department Standard Detail
and Specification SI-7.
87. PREMISE IDENTIFICATION : Approved addresses 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 :\DE V\COND ITIONS\20 16\S.Kennedyl 649I.doc
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Intentionally
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16491 S. Kennedy Road -PROJECT DATA
EXISTING CONDITIONS PROPOSED REQUIRED/
PROJECT PERMITTED
APN 532-17-035 same
Zoning district HR-1 same -
Land use Single Family Residence same -
General Plan Designation Hillside same
Project History: Technical Demolition Single Family House Architecture and Site
Application/Grading
Built in 1982 HDSG Exceptions:
Building Height
Max. Floor Area
Grading Max Cut/Fill for
Cabana
Grading out of LRDA
Lot size
Gross Lot Area 192,099.6 s.f. same 40,000 s.f. minimum
acres 4.41 same
Average slope(%) 22% same
Net Lot Area 134,432 s.f. same
Exterior materials:
siding Textured stucco Smooth Troweled
Finish
trim Wood Limestone Lintels
windows Natural Aluminum Dark Stained Wood
roofing Composition Shingle Mission Style "S" Tile
Building floor area:
attic 845 s.f. 626 s.f.
lower floor garage 1, 170s.f.-400= 770 same 400 s .f . exempt
lower floor workshop 239 s.f. same
first (main) floor 4 ,568 s.f. 4 ,563 s.f.
Second floor 761 s.f. same
cellar N/A N/A Cellar exempt
accessory building 173 s.f. 0 s.f. pump house
total (-400 s.f. of 7,356 s.f. 6,959 s.f 6,000 s.f. maximum/ garage)
(reduced by 397 s.f.) FAR Max
Exception Max. Floor
Area
Accessory Structure N/A 729 s.f. (does not Open Cabana count towards floor
area)
:EXHIBIT 4
House Setbacks (ft.):
front 300ft same 30 feet minimum
rear 26ft.-6 in. same 25 feet minimum
side 36ft.-7 in. same 20 feet minimum
side 43ft. 7 in . same 20 feet minimum
House Maximum 29 feet/ same 25 feet maximum/
height (ft.) 36 feet-9-1/2 inches
35 feet High to Low
Height Exception-
HSDG
Parking
garage spaces 4 garage + 4 surface same 2 min.+ 4 guest
Accessory Structure Existing Pump House Pump House
Setback: Removed/New
Cabana
front Less than 30 feet 380ft. 30 feet minimum
rear 26ft. 4in . 25 feet m inimum
side 166ft. 6in . 20 feet minimum
side 31 ft. 20 feet minimum
Accessory Structure Max. Existing Pump house -Pump house-Removed 15 feet tall max.
height (ft.) 14ft.-5-1 /2 in New Cabana 15 ft.
Accessory Structure .009% .03% Cannot exceed 15% of
coverage (%) lot minus req . setbacks
Sewer or septic sewer same -
Tree Removal -0 -
Maximum retaining wall 8 feet 4 feet 5 feet max.
height max per HDSG
Driveway Grade 19% same Existing condition
N:IDEV\ERIN WIArchitccture and Site\KennedyRdi 649 1\KennedyRd i 649 1·DataSht.doc
I ..
January 22 , 2016
Erin Walters , Associate Planner
Town of Los Gatos
P.O. Box 949
110 East Main Street
Los Gatos, CA. 95031
RE: Plan Review:
Address:
App l ication Number:
Dear Ms. Walters:
(
Detail Ink
Residential design and Drafting
1885 Dry Creek Road
Campbell, CA. 95008
Phone: 408.371.5866 Email: detailinl2@msn.com
Nicol -4th Technical Rev i ew
16491 Sout h Kennedy
S-15 -044
RECEIVED
<;;, -1? -o4-Lf
JAN 2 2 2016
TOWN OF LOS GATOS
PLANNING DI'/ISIOtJ
The following is a description/scope of work for the proposed project as requested in the technical
review comments generated by your office dated December 08 , 2015 .
PROJECT DESCRIPTI ON/SCOPE OF WORK:
Existing Res i dence:
1. The existing roof is to be removed and replaced with a new mission tile roof as part of the attempt
to create a "Mediterranean" style which is more in keep ing with the accepted Town of Los Gatos
Hillside style.
2. The existing white exterior stucco and dark contrasting "Tudor" style is to be removed and
replaced with a new smooth textured integral color stucco finish as part of the attempt to create a
"Mediterranean " style which is more in keeping with the accepted Town of Los Gatos H illside
style .
3. Limestone head trim to be installed at all openings.
4 . A manufactured stone veneer element is to be installed as a wall feature and a wainscoting which
continues all around the residence .
5. New overhead sectional wood garage doors in a rustic "carriage style" are to be installed.
6. The waterproof decking is to be replaced with a medium brown stone .
7. The heavy stucco balusters and concrete railings are to be removed and replace with an open
painted wrought iron railings .
8. A portion of the bay windows are to be removed to slightly reduce the square footage of the
residence and allow for a major Kitchen remodel.
9. Selected interior walls are to be removed .
10 . All bathrooms to be remodeled and upgraded .
11 . The main floor ceilings shall be remodeled and raised to reduce the amount of attic space
counted towards livable area .
12. All electrical , plumbing , insulation and mechanica l items to be replaced with code compliant
"Green" materials and efficient systems.
13 . The existi ng structure to be analyzed by a structural e ngineer and brought up to current codes.
EXHIBIT 5
/ (
Front Exterior Site Work:
1. The excessive existing parking area to the right of the residence is to be removed and replaced
with drought-resistant native landscaping with a meandering stepping stone pathway.
2. The existing impervious driveway is to be replaced with new pervious pavers.
3. The railing on top of the existing driveway retaining wall is to be replaced with a painted wrought
iron railing to match the railing at the front deck.
4. The existing driveway retaining walls to be refaced with natural stone color veneer to match the
stone used on the residence .
5 . Any disturbed landscape areas to be replaced with drought-resistant native vegetation .
6. The existing unsightly "pump house" is to be removed .
Rear Exterior Site Work:
1. Existing pool is to be removed and/or remodeled.
2. The existing rotted deck is to be removed and replaced with a stone patio raised to within 2" of
the main floor height.
3. A new stone patio surround and concrete steps to be constructed around the pool area .
4. New landscape retaining walls to be constructed around the pool and cabana areas and
landscaped with drought-resistant vegetation .
5. A new open cabana and gas fireplace to be constructed.
6. All existing retaining walls to be removed and replaced with multiple stepped stone veneer walls
constructed to follow the natural contours of the site.
2
Justification Letter
16491 S. Kennedy Rd. Los Gatos, CA 95030
RECEIVED
~-\5 -o Lf-Lf
NOV ·,g ?(11~
TOWN OF LOS GATOS
PLANNING DIVISION
I have learned some very tough and expensive lessons during the last 12 months of owning this property
on South Kennedy Road in Los Gatos. The first mistake I made was hiring a friend of a friend who began
the demolition phase of the project and claimed to me he was doing everything the right way. Honestly
at that point I didn't know that he didn't have a current general contractor's license. As well as I just
assumed he went to the city's planning department and pulled a permit. That may sound very na"ive but
I trusted this guy to handle my project and I thought it was that simple. Then, he started to remove the
rotted wood and stucco around the perimeter of the home and after he was finished I was red tagged by
the city of Los Gatos . Then, when I went to bring this issue up with him he was nowhere to be found. So,
at this point I had realized I hired and trusted the wrong guy. So , I interviewed 3 architects and hired
Messier Benitez. He was tasked to put together all of the drawings, soils report, topo, drainage, grading,
etc. And after failing three planning commission reviews and him not preparing the correct drawings,
engineering reports and documentation I had to find someone else who knew the town of Los Gatos and
their hillside standards rules and regulations. So, I hired Sully McGrath as my GC and project consultant .
He has taken over the project and has worked with our planner to get all of the hillside requirements
and comments provided addressed and fixed to adhere to the town of Los Gatos. And within the last
two months working with Sully I have realized how complex the planning requirements are to make
renovations to existing hillside homes in the town of Los Gatos. So, after almost one year of going
through this process I have educated myself on what is required to make any improvements to
residential properties and is very aware that is crucial to hire the correct contractors to make this
happen. This has been a very frustrating process, but I am at the point now of doing whatever needs to
be done to satisfy the town and get my project into bu ilding.
Thanks,
Robert Nicol
EXHIBIT 6
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.
\
r
Detail Ink
Residential design and Drafting
1885 Dry Creek Road
Campbell, CA. 95008
Phone : 408.371 .5866 Email: detailinl2@msn.com
January 6, 2016
Erin Walters, Associate Planner
Town of Los Gatos
P.O. Box949
11 0 East Main Street
Los Gatos, CA. 95031
RE: Plan Review:
Address:
Application Number:
Dear Ms. Walters:
Nicol-4th Technical Review
16491 South Kennedy
S-15-044
R~CE8VED
5-!s v~Lf
JAN 0 6 201 6
TO~IN OF LOS GATOS
PLANNING DIVISION
The following is a letter of justification for the proposed project as requested in the technical
review comments generated by your office dated December 08, 2015.
PROJECT JUSTIFICATION:
1. The removal of both the interior and exterior finishes was a result of an unfortunate choice of
contractors by the owner and has been explained in a previous letter submitted to your office.
a. Since this has occurred it does provide an opportunity to upgrade the electrical, plumbing
and structural items to be compliant with current codes . It will facilitate the installation of
new insulation and compliance with mandatory "Green" requirements .
b. The removal of the roofing and exterior finish allows the remodeling of the exterior to a
much more pleasing and acceptable "Mediterranean" style which will help reduce the
visible mass, blend in with the surrounds and neighborhood style.
2. The existing residence does not comply with current Town Codes and Hillside requirements but
every attempt will be made to create an exterior look that will help reduce mass and blend in with
the neighborhood. It must be noted that the structure does exist and was approved at the time of
construction thereby complying with all codes and design reviews in place at the time of
construction.
3 . The height of the structure is similar to other residences in the neighborhood that were
constructed at the same time period. The height and size of these structures conformed to all
codes and ordinances at the time of construction.
4. The height of the structure is similar to other residences in the neighborhood that were
constructed at the same time period . The height and s ize of these structures conformed to all
codes and ordinances at the time of construction. Reducing the size and height of the existing
structure creates an unreasonable and unrealistic financial hardship for the current owner.
5. The size (floor area) of the structure is similar to other residences in the neighborhood that were
constructed at the same time period. The size of these structures conformed to all codes and
ordinances at the time of construction . Reducing the size and/or height of the existing structure
creates an unreasonable and unrealistic financial hardship for the current owner.
6. The proposed new retaining walls have been designed in a stepped configuration which reduces
the height of the walls to less that 5'-0".
7. The proposed new retaining walls, although continuous, will be curved to follow the existing
grades and topography of the site per Hillside Design Standards .
8 . The amount of grading has been reduced to conform with the Hillside Standards
(1 ('1
9 . The grading/cutting/filling is also the result of our attempt to replace a very tall existing retaining
wall that was constructed around the existing pool area . Our proposed plan eliminates this
unsightly wall with two new stepped reta i ning walls .
10. The only proposed development outside of the LRDA will be the new retaining walls.
11 . The grading permit is needed to create a retaining wall system that will blend with the natural
topography, improve drainage and repair previous non-approved grading.
JUST IFICATIO N SUMMARY:
1. The existing white exterior stucco and dark contrasting "Tudor" style is to be removed and
replaced with a new smooth textured integral color stucco finish and earth-tone stone veneer as
part of the attempt to create a "Mediterranean" style which is more in keeping with the accepted
Town of Los Gatos Hillside style .
2. The heavy stucco balusters and concrete railings are to be removed and rep lace with an open
painted wrought iron ra il ings which will reduce the current massive look of the front elevation .
3. To reduce the impervious coverage, the existing parking area to the right of residence will be
removed and replaced with drought-resistant native vegetation and the existing
driveway/remaining parking area will be replaced with semi-pervious pavers.
4. The existing driveway retaining walls will be faced with stone veneer to help blend in with the
natural vegetation and topography.
5. The main floor ceilings shall be remodeled and raised to reduce the amount of attic space
counted towards livable area.
6 . All e lectrical, plumbing and mechanical items to be replace with code compliant "Green" materials
and systems.
7. The existing structure is to be analyzed by a structural engineer and brought up to current codes.
2
March 14, 2016
Re: Exceptions to Hillside Development Standards
Architecture and Site Application S-15-044
Dear Planning Commissioners;
RECEIVED
MAR 1 5 2016
TOWN O F LOS GATOS
PLANNING DIVISION
s-, '7·-0 L44
This letter identifies and justifies exceptions to the Hillside Development Standards for the subject lot.
The following lists each exception and the compelling reason for granting the requested deviation.
Attached, for reference, is a site plan highlight ing each area discussed below.
1. Exception #1-Exception to Maximum Allowed Floor Area Greater than 6,000 s.f. in gross floor
area.
Per Chapter IV A. Maxim allowed gross floor area is 6,000 s.f plus a 400 square foot garage.
The conditions for the exception is that the house is existing and reflective to the plans we have
removed ceilings to reduce the attic area and thus reduced the floor area.
2. Exception #2-Exception to the Maximum allowed Height of 25 feet.
Per Chapter V. E. Standard #1 . The maximum height for homes in the hillside areas shall be 25
feet (for non-ridgeline or visible lots).
The conditions for the exception is that the house is existing and we have changed to a tile roof
which is a non -reflective soft warm color to blend into the hillside. Including from changing the
color from originally a white color to a non-reflective soft warm color and by adding a non-
reflective warm tone stone to on the lower section of the house to reduce the existing overall
mass of the home. As well as we have reduced the overall amount of stucco by replacing the
driveway retaining wall with an earth tone finish .
3. Exception #3-Exception to the Maximum Allowed Height of 35 feet of the Building's Tallest
Elevation Measured from the lowest Part of the Building to the Highest Part of the Building.
Per Chapter V . E. Standard #2 . The maximum height of a building's tallest elevation shall not
exceed 35 feet measured from the lowest part of the building to the highest part (for non -
ridgefine or visible lots).
In order to reduce the overall look and mass of this home we have changed to a tile roof which
is a non reflective soft warm color to blend into the hillside from the rear . Also, we have reduced
the overall amount of stucco by replacing the driveway retaining wall with an earth tone finish .
4. Exception #5-Grading Out of the least Restrictive Development Area (grading on a slope
of 30% or greater in the rear yard for retaining walls and cabana area).
Per Chapter II. A.l. Constraints Analysis-Each development application subject to HSDG shall be
accompanies by a constraints analysis when it is deemed necessary by the Town to identify the
most appropriate area or areas on the lot for locating building given the ex isting constraints of
the lot. One of the elements is topography, with emphasis on slopes over 30%.
The new cabana is within the new and updated guidelines with the addition of installing
multiple retaining walls. The proposed slope is 14% per the drawings.
s. Exception #6-Exceeding the Maximum Combined Depth of 6-feet of graded cut plus
graded Fill for Development other than the Main Residence (Proposed Cabana Area).
Per Chapter 1//.Jtl. Standard #1 . Combined depths of cut plus full for development other than
the main residence shall be limited to 6 feet.
By extending the retaining walls along the contours of the existing hillside, it will maintain
the integrity and safety of the e'xisting hillside.
The homeowner respectfully requests that the Plann i ng Commission find that these exceptions
are a reasonable deviation from the Hillside Development Standards and grants approval of the
design submitted.
Sincerely,
Robert Nicol
Homeowner
()
Town of Los Gatos
Hillside Development Standards & Guidelines: Compliance Checklist
Address: I fo 4Cl l 5<:tJ[tt \:;E.HNED'/ ~
Section ' Standards & Guidelines Compliance
Ill Site Planning
A Grading
Sl Minimize Cut & Fill per Table ~
S2 Define Earthwork Quantities [Access/House/Cellar/Other] ><..
S3 Locate Buildings to Minimize Grad ing 0
S4 No Strip Grading .)!:.,.
S5 Grade footprint/access/guest parking/turnaround only ~
S6 Restore to Original Topography 'I.
S7 Utilize Contour Grading Techniques '1-
S8 Restore Vegetation a t Cut/Fill S lopes ~
S9 Erosion/Sediment Control Plan [Interim aod Permanent] ~
SIO Grading April -September ~
B Drainage
SI Runoff Dispersion On-Site '/...
S2 Up slope Drainage sh a ll not Impact on Downslope Development )(
S3 Preserve aod Enhance Natural Drainage Courses )(
S4 New Drainage Channe ls to be Naturalized [rock/vegetation] NJA
Gl New Drainage Channels to be pl aced in less visible Locations '}(
G2 Lining of Drainage Channels is Discouraged [bio-swale] ')!
G3 Dry Stream effects preferred over Undergrounding of l)rainage. 1-l[A
c Driveways & Parking
Sl Locate Driveways to Reduce Grading ~ 'tJ~
S2 Driveways prior to Occupancy )(
S3 Gates set back min 25' from street 1-J/A
S4 Driveways to receive All Weather s urface )(
S5 Max Driveway Slope to be 15 % ~ tJ/ A.
Gl Min [single house] Drive way width to be 12' ~ tJ 7.
G2 Max Driveway length 300'. Turnaround area slope< 5%. ")(
A
G3 Driveways min 20' apart or adjoining. Safe distance from Intersections ')(.
G4 Shared Driveways: encouraged to reduce grading and impervious t4./A
G5 Driveways located/maintained to ensure good line-of-sight. )C.
D Safety
Geologic Hazards
Sl Site Specific Geologic Investigation may be Required . X
S2 Site Specific Geologic Investigation concerns to be addressed X.
TOWN OF LOS GATOS Page 2
( (
Town of Los Gatos
Hillside Development Standards & Guidelines: Compliance Checklist
Address: I ~¥H "::our}:\ (<..ENNe.Dj Po6D
Section Standards & Guidelines Compliance
Fire Hazards
Sl Locate and Design Structures to minimize expos ure to wildfues X
S2 Provide Landscape (Plan) to create defe nsible s pace around home X.
S3 Pro vide adequate Fire Access '/...
S4 Ensure adequate water supply for fue prevention X
S5 Water suppression available and labele d for fue prior to framing ~
S6 Above ground water storage tanks may not e ncroach into setbacks. f..ll~t.-
Gl Developme nt should avoid areas subject to severe fue danger. ·v..
G2 Selectively reduce Fuel Load inside defensible space ~
G 3 Ensure Fue l Sources are discontinuous. 1)(
G4 Landscape Defensible Space with fue prevention in mind . )(.
G5 Minimize visibility of above ground water storage tanks . WA
IV Development I ntensity
A Maximum Allowable Development
I Adjus t Lot for Slope per Table ',(
2 Verify Max Gross floo r area< FAR 0
B Exclusions
I Cellars HIA
2 Garages up to 400 sq ft ~~ 3 Stables that are not fully enclosed
4 B arns (size dependant on lot size: 500-2,500 ft.) HIA c Exceptions to maximum floor area
I Will not be visible from es tabli shed viewing pla tform s -,<
2 No significant impact on trees, wildlife or movement corridors ?4
3 Minimize grading area to accommodate buildings >FAR ~
4 All standards and applicable guidelines are being me t 0
5 Compliance to Title 24 w/ marg in of at least 10% -y....
6 Pre-wire for future photovoltaic in stallation ~
7 A min of 25% of hardscape mat. is permeable '/...
8 Include cellar element unless conflicts w/other standards t-IIA
9 No s ignificant visual impact to neighboring properties '1.
v. Architectural Design
A Design Objectives
OJ Visually blends with natural environment '/...
02 Res ponsive to site con strai ns & opportunities ~
03 Compatible with the neighborhood & respectful of ne ighbors ¥.
04 Respect of the rural character of the hills ide ~
TOWN OF LOS GATOS Page 3
(~
Town of Los Gatos
Hillside Development Standards & Guidelines: Compliance Checklist
Address: l~<i-9 \ SOUTH \(.ENt4~r:?~ ~
Section Standards & Guidelines Compliance
B Design to be neighbor friendly
Sl Study s ite lines: place windows & outdoor areas to maintain privacy X
Gla Minimize 2nd story windows facing close neighboring properties ><
Glb Orient windows, decks, & balconies to avoid privacy for neighbors )(
Glc Screening: solid retaining walls, lattice work, planters: obscure sight lines x
Gld Limit decks & balconies to 6' depth in privacy areas. '!-Ole Use landscaping to screen views to your neighbors
Glf Existing vegetation that protects privacy should not be removed ')(
Glg Screen noise s ources: parking, outdoor activity, mechanical, pool ~
Glh Outdoor activity areas away from neighbors quiet areas (bedrooms) ')(
C Design for Sustainability
Sl None
Gl · Energy conservation & water saving techniques above min req of Title 24 -,(
G2.a <3,500 sf incorporate a variety of green building strategies + mat. '!)(_
G2.b >3,500 s f -incorporate additional e nergy + resource saving features ")(
G 3 Design for solar (space & water) & utilize natura l cooling & lighting ~
G4 Materials: use less natural resources; non-toxic; s alvaged or reused. )<..
D Design for frre safety
Sl Structures shall be designed to maximize protections from wildfires ~
S2 Roofs shali have a Class A covering or Class A roof assembly Y.
S3 Eaves & soffits: exposed underside -noncorr~bus tible or min 1-hr resi st. )(
S4 Gutters & downs pouts : non combustible material ~
S5 Exterior walls : -noncombustible or min 1-hr resist. 'i.
S6 Under floor & deck: enclosed to grnd -noncombustibl e or min 1-hr resist. X
57 Attic + ve nts covered w/corrosion-resistant mesh not to exceed J/4" -x
S8 Automatic fire sprklr in s talled p e r National + Fire Depts Standards ')(
S9 Roof skylights shall be tempered or have multi-layered gl azing -,<
Gl Exterior windows should be tempered glass. )(
G2 Minimize window s on side of house exposed to a n approaching frre 'l(
G3 Design roof eaves with minimal overhang for heat & flames ')(
E Building Height
Sl Max he ight for hillside areas is 25 ft 0
S2 ·Max overall h eight <35ft.; <28ft. if visible from viewing platform 0 •
S3 Ridgeline & visible homes shall not exceed 18 feet above grade 114/A
S4 M a in level FF, excluding cellar, < 4 ft above existing grade X
S5 Three story e levation s are prohibited '--X -
TOWN OF LOS GATOS Page 4
(
Town of Los Gatos
Hillsid e Develop men t Standards & Guidelines: Comp liance Checklist
Ad dress: l(o 4 q ) 5()1)1}1 ~MEO't ~D
Secti on S tandards & G uid elines Compli ance
F Minimize build ing bulk & Mass
S I Minimize bulk, mass & volume, from distance or surrounding properties 0
S2 Design to conform to natural topography of site & run w/contours. 0
G l.a Keep building forms simple X
G l.b Avoid arch itectural styles that are viewed as mas sive & bulky }(
'6 G l.c Mi nimize square footage 0
Gl.d M inimize volume; avoid large volume buildings 0
G l.e A void overhanging decks, staircases, & patios formed by retaining walls 0
GJ.f Step the bui lding fo undation & roofs w ith natural slope 0
G l.g Use horizontal & vertical building components to reduce bulk. ,(
G l .h Create light & shadow w/ modest overhangs, proj ections,alcoves,offsets '/.
G l.i Vary elevations, stepping back second stories to conform with topo 0
G l.j Use below grade rooms. Use land scape & grading to reduce bulk v
G l.l Use vaulted ceilings rather th an high walls + a ttics to achieve 'volume' »
G Roofs
Sl Small [roofs, lines, components) to reflect irregular natural features ~
S2 Slope of main roof to be oriented w/direction of natural terrain y
Gl large gable ends on downhill elevations should be avoided ~
H Architectural elements
SI Enclose w/ wall s: ext struct. supports, under firs & decks '/,
S2 Skylights to reduce night glare. No glazing on large dome-s tyle '>'.
S3 Arch detailing on all sides. )(
Gl Minimize large windows & glass doors to prevent glare ""f..
02 Avoid massive, tall elements, 2-story entry, turrets, large chimneys 0
J Materials & Color
Sl Minimize contrast between manmade buildings and en vironment '/.
S2 Exterior colors not to exceed reflectivity of 30 & blend w/vegetation ~
S3 Variety of dark earthtone roofs that blend w/the environment ~
S4 Should use copper on exposed metal s urfaces o r a pain tab le surface --J.
S5 Contrasting color accents kept to a minimum "'f...
G l Mat, textures, deta ils used to mitigate visual impact of large wall areas "/(....
TOWN OF LOS GATOS Page 5
Town of Los Gatos
Hillside Development Standards & Guidelines: Compliance Checklist
Address: I <t; 4q \ ? aunt reNNUJi 1<0\..D
Section Standards & Guidelines Compliance
v. Site Elements
A Fences and Walls
Sl Min use of walls & fences. Maintain open views, rural + natural char. ')(.
S2 Fence s & walls s hall not exceed 6' in height '/...
S3 Solid fencing mat shall not be used unless needed for privacy "' S4 Deer fence max of 8' & limited to ornamental landscaping. ~
S5 Fences not to impede movement of wildlife ><
S6 Temp construction fencing limited to building envelope 'I
01 Wood rail-type fences and gates preferred ~~-02 Chain link fence s strongly discouraged
03 Chain link dark color, vinyl & supported with wood frame X
04 Open fencing located within 20 ft of property line adjacent to street ...,....
05 Fences should follow topography /'<
8 Driveway Entries
Sl Blend w/ natural environment & maintain rural character of hill side 'I--
S2 Entry gate set back from edge of street 25' _fYJ).
S3 Direct lighting at entries downwards & not visible from street ,(,.
S4 Display street address to be visible from street at driveway "/..
S5 SCC Fire D e pt to approve e lectronic or locking entry gates w~
01 Entryway gates and fencing should be an open design ~/A.
02 Monumental entry gates are strongly discouraged ~
c Retaining Wails
Sl Use to substantially reduce amount of grading '{.
S2 Use natural stone, stained concrete, or tex surface if visible from street ')(
S3 Retaining walls & planters setback; or buffer of 5' adj acent to street ~
S4 RW blend w/natural topo, not run in straight direction >50' ')(
S5 Landscape adjacent to RW with native trees+ shrubs to screen wall 'f-.
S6 RW constructed of permane nt materials (stone, concrete, etc) not wood ~
D Outdoor Lighting
SL Outdoor lighting conform wffown Zoning Ordinance ~
S2 Not visible/glare to neighbors, low level, directed downward )(
S3 Unshaded or non -recessed spotlights are prohibited -.t,
S4 Decorative only lighting prohibited. No uplighting of trees y.,
S5 Lighting for sports courts prohibited ~.
01 Use of energy-efficient lighting is encouraged '1..
02 Outdoor lights above 4' should use cutoff fixtures 'I..
TOWN OF LOS GATOS Page 6
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Town of Los Gatos
Hillside Development Stand ards & Guidelines: Compliance Checklist
A d dress : /Y,~q ) 50Jfi! ~ENN€0'1 ~
Secti o n Standards & Guidelines C omp li a nce
B Plant Material
Sl Select native species that are adapted to climate & soil char. of site -1..
S2 Ornamental landscaping no more than 30' from residence. Discouraged -1.
S3 No spreading plant that will c han ge the character of the hillside ~
S4 Turf grass & high water using pl ants are proh ibited ~
G l Drought tolerant, water conserving, fire resistant, erosion control ~
02 Adaptable to climate & soil conditions of site "' 03 Trees & shrubs should be selecte d from Town's list ~
04 Plants adj acent to street & visible from p ublic areas -Use Town's list -/..,
G5 Native shrubs for large slope planti ngs t.
D Tree Preservation
Sl Existing trees shall be preserved & protected ~
S2 When trees may be impacted by development, include tree info on plans J..
S3 Visual impact of tree removal shall be submitted with plans )(
S4 Pruning to be consistent w/ Best Management Practices ..J..
Gl No grading/constructing within chip line of an existing tree K
02 Lirrii t pruning of existing trees ...,..,
03 Minimal pruning permitted for construction clearance ~-
04 Can remove branches up to 3" india for emergency s ituation X
VIII Subdivision and Planned Develop men t Projects
A Purpose and intent: to reduce hillside impacts.
B Applicability of standards: PD applications in h illside areas
c Least restric tive development areas (LRDA)
Sl Preserve open space and significant natural features. Develop in LRDA
S2 LRDA =below ridge view; outside riparian areas; slope< 30%; min impact.
S3 Map LRDA (Sub-areas 2-9). Developme nt outside LRDA is· a last resort.
S4 Sub~area 1: LRDA i s identified in Blossom Hill open space study.
D Exceptions to development within LRDA
1 Compl iance w/ HDSG, Hillside Specific Plan, General Plan
2 Minimal gradi ng, tree removal, landscape changes & more advantageous.
3 Deve lopment ins ide LRDA needs driveway outside LRDA
4 Project Visibility from viewing platform < if inside LRDA
E Development standards and guidelines
1 Site Preparation
Sl.a M i n grading. Visually blend with adjacent natural areas
S l.b Elevation plans to show existing natural grade and proposed grade
Stc Avoid sharp cuts & f11ls, long linear slopes that h a ve a uniform grade
TOWN OF LOS GATOS Page 8
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Town of Los Gatos
Hillside Development Standards & Guidelines : Compliance Checklist
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Section Standards & Guidelines Compliance
G l Avoid grading in areas where s lope is greater than 25 percent
G2 A void pad & terrace grad ing.
2 Drainage
S2.a Upslope develo pment shall not negatively impact downslope drainage
S2.b Natural drai nage course shall be pr eserved
G l.a Terrace drains, use lan dform slo pe. Down drai ns-least consp locati on
G l.b Native rock for drainage channels & brow d itches
3 Lot configuration a nd building loGat ions
S l Layout/plan to ada pt to existing topo
S2 Offer a variety of lot sizes & sh apes influenced by topo
S3 Preserve open space, protect natural features, red uce repetitive designs
S4 Indicate Building footprint on grading plan & stake d on site
S5 Mfct'd slopes located on uphill s ide of bldgs; hide s lope behind bldg
G l Preserve environmentally se ns itive areas, natural features, ope n s pace
4 Street layout and driveways
S l Street & drainage shall reflect rural ch aracter, natural fea tures
G l Streets, dri ves, parking, emerg. veh. access be aligned to existing grades
G2 Joint driveways wi ll have street addresses for all resid. Using driveway
G3 DW approach located to max o n-s treet parking
G4 Limit road li ghting to intersection s, c urves, dead end s, multi -use parking
G5 Road & driveway graded banks-pla nt with grasses & native trees & shrubs
5 Trails
S l P lans mu st be reviewed w!frails section of Town & SC Cty General Plan s
G I Trail easement dedication & construction sha ll be a condition o f approval
G2 Design trails for multiple U$e
G3 Form CC&R's or maint. Districts so trail exp ense wi ll be borne by HO's
G4 Locate away from existing resid ential areas
G5 Cross -country type trails should be develo ped
G6 Place trails in dedicated open s pace + though trees and scenic areas
G7.a Limit trail use to pedes trian , b icycle, and equestrian use only
G7.b Prevent use by all motorized vehicles
G7 .c Protect the natura l environments
G7.d Promote safe recreational use
G7.e Determine appropriate width
G7.f Establish policies regarding fencing location & type
G7.g [ncorporate erosion control measures
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