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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 This Page Intentionally Left Blank 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. N:\DEV\FINDINGS\2016\S.KENNEDY16491 .DOCX This Page Intentionally Left Blank 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 This Page Intentionally Left Blank 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 This Page Intentionally Left Blank . \ 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 (~ 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 ( Town of Los Gatos Hillside Development Standards & Guidelines : Compliance Checklist Address: ----------------- 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 TOWN OF LOS GATOS Page 9 This Page Intentionally Left Blank