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19 Highland Ave - Desk Item & Exhibits 20-21TOWN OF LOS GATOS ITEM NO: 4 DESK ITEM PLANNING COMMISSION STAFF REPORT Meeting Date: June 8, 2016 PREPARED BY: Marni Moseley, Associate Planner MMo seley@ losgatosca.gov APPLICATION NO.: Architecture and Site Application S-15-077 LOCATION : 19 Highland Avenue (north side of Highland Avenue just east of 15 Highland Avenue) APPLICANT/ PROPERTY OWNER: Ed Pearson CONT ACT PERSON: Ed Pearson APPELLANTS: Badame, Roberts, Smullen, and Spalding Families APPLICATION SUMMARY: Consider an appeal of a decision of the Development Review Committee approving an Architecture and Site application to construct a new single-family residence and remove large protected trees on property zoned HR-2 Yi. APN 529-37-033 EXHIBITS: Previously received with May 11, 2016 Desk Item Report: 1. Emails from appellants, received May 11, 2016 Previously received with June 8, 2016 Staff Report : 2. Location Map 3. Required Findings and Considerations 4. Recommended Conditions (nine pages) 5 . Adopted Mitigation Monitoring and Reporting Program (3 pages) 6. Town Council Resolution (2001-128) 7. December 8, 2010 Planning Commission meeting minutes (15 pages) 8. Consulting Architect's Report, dated February 24 , 2016 9. 2010 Arborist Report (26 pages), dated February 15, 2010 10. Project Data Sheet 11 . Letter from Anthony Badame, received March 24 , 2016 12. March 29, 2016 Development Review Committee minutes (two pages) 13. Appeal letter, received April 8, 2016 (four pages) 14 . May 11 , 2016 Planning Commission meeting minutes 15 . Applicant's response letter and Attachments (1-14), received May 27,2016 16. Public comment received through 11 :00 a.m., Thursday, June 2, 2016 Planning Commission Staff Report -Page 2 19 Highland A venue/S-15-077 June 8, 2016 REMARKS: 17. Additional letters from applicant (11 pages), received June 2, 2016 18. Development plans (16 pages), received March 22, 2016 Previously received with June 8, 2016 Addendum Report: 19. Letter from appellant (58 pages), received on June 2, 2016 Received with this Desk Item Report: 20. Revised neighborhood outreach statement (one page), received June 6, 2016 21. Applicant's response to Appellant's letter (five pages), received June 8, 2016 The attached Exhibits were received after distribution of the staff report and addendum report. Exhibit 20 is a revision to Attachment 12 of Exhibit 15 within the staff report. Exhibit 21 is a response to the appellant's letter (Exhibit 19). p~CY)~ Marni Moseley, AICP Associate Planner JP:MFM:cg N :\DEV\PC REPORTS\20 l 6\Highland-l 9-appeal-6-8-16-DESK.doc ~ .................. ~pproved by: /Joel Paulson, AICP Community Development Director RECEIVED JUN 6 -2016 TOWN OF LOS GATOS Appellant group contact and meetin gs PLANNING 01v1s10N 19 Highland Attachment# 12 19 Highland avenue 1. 3/11/2016 Met with Teresa Spalding and presented project to her. We discussed project for about 30 minutes. Her only concern was the fire turnaround and if I could screen it with some tree cover. I agreed and said It would be in my final landscape plan . She then gave me a letter dated 3/11/2016 stating her approval and support for the project. 2 . 3/12/2016 met with Badame and his wife. Presented project to him, they both looked at It and had no comments. Said they would get back to me in a couple days . Badame sends 12 page opposition letter to town before DRC meeting on 3/29/2016. He did not contact me with any discussion or feedback whatsoever. 3. 3/19/2016 Met with Peter Rehon (Lisa Roberts husband) and went over project with him. He thought it was a well-planned project and was an attractive home . He mentioned that he fully supported the past owner Dr. Orphan and his project In 2010. He stated that he fully supports me being able develop my site and looks forward to having a new ne ighbor. Mr. Rehon said his wife Lisa was not home at the time and wanted to setup a time for me to meet w ith her. Her main concern was the retention and protection of tree #30. We emailed several times during the first week of April 2016 that is when she sent me a proposal/contract for the protection of tree #30 .. 4. Setup meeting with the four appellants on 3/26/2016 at the Smullen's house. Of the four appellants, only Dede Smullen and Lisa Roberts were In attendance . Badame and Spalding did not attend. S. Setup meeting with Cede Smullen on 4/6/2016 at her home to discuss issues regarding the easement that runs through my property. The Smullen's use this easement for ingress/egress to access their home at 25 Highland. We spoke about how the current paved road is not at all where easement states It is. I expressed my concern about this. She said she would look into It. To date, she has not contacted me in any way concerning this Issue . 6. Setup meeting with the four appellants for 5/7 /2016 at the Smullen's house. Of the four appellants, only Dede Smullen attended. Lisa Roberts, Anthony Badame, and Teresa Spalding were not in attendance . After meeting, sent text to Roberts stating I spent a lot of time preparing presentation '!nd'rece1ved no response . At 2:45 on the same day, Anthony Badame sent text saying sorry he missed meeting and would like to meet. I replied at 2:46 sayi ng "I would be happy to show him and his wife my new items anytime. It is now 5/17 /2016 I still have not received any type of reply whatsoever. 7 .. Smullen set up meeting for Wednesday at 1:00 pm on 5/18/2016. Of the four appellants, OeDe Smullen and Lisa Roberts were there. Teresa Spalding arrived approximately 5 -10 minutes before the meeting concluded. Mr. Badame did not attend. Also, Mr. Badame has chosen not to attend any of the three meetings that the appellant group has organized, which he is a part of. 8. The response or lack of, from the appellant group dearly speaks volumes when It comes to their genuine Interest in this project. I have made every effort to meet with the appellants and discuss my project. Considering the additional time and funds I have incurred, at a minimum, I expect the entire appellant group to attend meetings that they themselves have o rganized and scheduled. I h ave been constantly frustrated with this and find It to be very disrespectful. EXHIBIT 2 0 8 June 2016 Mr. Ed P earson 239 Thurston Street Los Gatos, California 95030 SUBJECT: 19 HIGHLAND AVENUE Dear Mr. Pearson: H. T. HARVEY & ASSOCIATES Ecological Consultants RECEIVED JU N 8 -201G TOWN OF I.OS GATOS PLAN NIN G DIVISION We've reviewed the 1 June 2016 correspondence submitted by Grassetti Environmental Consulting, and wanted to clarify a few points specifi cally regarding drainage flow s and the setback distances. The reconunended setback distances provided in the Guidelines and Standards for Land Use Near Streams (Guidelines) 2005, 2 006) are entirely based on a consideration of the slope stability conditions on a spec ific project si t e. While the Guidelines have specific requirements for s ing le family units on streamside properties (e.g. Stream with Little or No H ardening -25 to 20 feet ; Ephemeral Stream-I 0 to 15 feet), the Guidelines d o st ate that: If a structure is proposed to be located closer to the Top of Bank than indicated by the following Slope S tability Requirements, this may serve as a trigger for lo cal p ermitting agencies (in this instance the Town of Los Gato s) to requ ire site-specific t echnical information related to precise slope conditions. !fa prooertv is proposing to place structures closer to a s treams ide slope than allowed by the Slop e Stabilitv Requirem ents. the permitting agencv should require further study of on-site geotechnical soil and s lope stability conditions. Th e purpose of the study is to determine: (I) Wh eth er or not th e location of a proposed stru cture may threaten bank stability, and (2) Whether or not the bank instability may threaten structures and/or potentially cause a health and safety hazard (Source: G uid e lines, Appendix C, page C. l ). Based on a review of the correspondence prepared by UPP Geotechnology (17 February 2016), which was a r espon se to comments raised by the Town 's geolog ic and geotechnical consultant, the UPP report specifically s tates "Based on our review, the proposed r es idence is about 15 fee t (measured horizontally from the bottom of the creek bank at its closest point ..... .In our opinion, an elevation rise of 6 in ches over a horizontal dis tance of I 5 feet do es not present a slope stability hazard. " This stat ement appears to meet the intent and guidance provide in the Guidelines reg arding placement of permanent structures c lo ser than the Slope Protection Requirements. Regarding the setback distance, based on the propos ed improve ment plans (Peoples A ssociates, November 20 15), that were recently r evised (May 20 16) to r eflect the topographic top-of-bank a s determined by H. T. Harvey & Associates, the average setback distance between th e top-of-bank and the building e n velope/deck as shown on the improvement plan s is approximately 27 feet (this value is an average of s even measurements taken approximately every 20 feet from one end of the propose d building to the other; values range from 15 to 36 feet). Between the proposed entrance road an d the top-of-bank, the average setback di stance is 20 feet (thirteen separate measureme nts were taken ; va lues ran ge from 4 to 40 feet). ~XWBIT 21 983 U niv e rs ity Avenue, Building D • Lo s Gato s, CA 95032 • Ph: 408.458.32 00 • F: 408.458.3 2 10 Our description of the flow characteristics of the creek in our May 20 I 6 report as "best characterized as ephemeral," was based upon observations made before, during and after rain s tonns in February of this year. W e s tated that "Flows within this drainage appeared to be flashy and are likely to dis appear into the re latively penneable Los Gatos and Mayhem soils that underlie the property a few days after a rainfall event." To a very large degree this is what was observed in the drainage over the last several weeks. The above average rainfall this year has simply extended the flow duration, but there is no indication that the primary source of water for th e drainageway that crosses the s ite is groundwater (which is the primary characteristic used by the Environmental Protection Agency and U.S. Anny Corps of Engineers in differentiating between intermittent and ephemera l streams for purposes of defining their jurisdiction). Additionally, the fact that numerous outfalls from the various private residences that abut the creek indicates that nuisance flows from these homes (e.g. excess irri gation, vehicle washing, etc.) may well be currently contributing a significant portion of the water that enters the creek during the s ummer months. l hope you find these clarifications helpful, please don 't hesitate to contact me with any questions you might have. Sincerely, Patrick J. Boursier, Ph.D. Principal 2 H. T. HARVEY & ASSOCIATES UPP GEOTECHNOLOGY Engineering Geology • Geotechnical Engineering Mr. Ed Pearson 239 Thurston Street Los Gatos , CA 95030 SUBJECT: RESPONSE TO COMMENTS PROPOSED SITE DEVELOPMENT PEARSON PROPERTY 19 HIGHLAND AVENUE LOS GATOS, CALIFORNIA Dear Mr. Pearson: RECEIVED .I! IN 8 -2016 TOWN OF LOS GATOS adivisionot C2 EARTH,INC. PLANNING DlVISiON 17 February 2016 Document Id. 15193C-01L2 Serial No. 17503 As you requested, we are responding to comments raised by the Town's geologic and geotechnical consultant, AMEC Foster Wheeler (AMEC). We previously conducted a limited geotechnical study for the development of the site, and presented the results of that study in our Limited Geotechnical Study report dated 22 November 2013 (Document Id. 13050C-01Rl). Subsequently, we provided updated seismic design criteria in our Supplemental Recommendations and Geotechnical Report Update Jetter dated 22 December 2015 (Document Id. 15193C-O 1L1 ). The following are our responses to the geotechnical peer rev iew comments. Liquefaction AMEC issued a rev iew letter for the project dated 29 January 2016, which contained the following comment: Comment: Based on our review, we note that the Upp report does not specifically com ment on the potential for liquefaction. The data on the boring logs suggest that the potential for liquefaction is probably low. Upp should review the data and confirm that the potential for liquefaction is low, or provide appropriate mitigation measures to the design . Our subsurface exploration revealed the site is underlain at shallow depths by Franciscan assemblage basalt and sheared shale bedrock and medium dense to dense Santa Clara formation silty sand with gravel. Borings drilled within the home site to depths as much as 21 Yi feet below ground surface did not reveal groundwater. According to the Seismic Hazard Zones map for the Los Gatos Quadrangle (CGS, 2002), the site is not mapped within a State of California seismic hazard zone for earthquake- induced liquefaction . In addition, the site is mapped outside of Santa Clara County liquefaction hazard zones . Based upon the depth to groundwater beneath the home site and the recommendations for supporting the home in the underly ing Santa Clara formation and/or Franciscan assemblage bedrock, we judge the potential for liquefaction to affect the residence to be negligible. Copyright -C2Earlh, Inc. 408 866 5436 (o) I 866 941 6824 (f) I 750 Camden Ave Suit e A Ca1~1poell CA 95008 I C2@C2Earth com I www C2Earth com Project Name: Pearson 17 February 20 16 Docume nt Id. 15193C -01 L2 Page 2 of 3 Creek Bank Stability UPP GEOTECHNOLOGY a div isio n of C2 EA RTH . INC. Mr. Ryan Do provided additional peer review comments via email dated 12 February 2016 regarding the proximity of the proposed home and driveway to a creek bank and the stability of the creek bank. The email included the following review comments: Comment: Regarding th e structure, th e repo rt should provide a stability analysis for Section C-C' where the structure is within 20 feet of the adjacent creek, or add language indica ting foundations within this zone must extend to an elevation that is lower than the bottom elevatio n of the adjacent creek. Based on our review, the proposed res idence is about 15 feet (measured hori zo ntally) from the bottom of the creek bank at its closest point. The relative elevation difference between the ground surface and the bottom of the creek channel at that location is about 5 feet. Based on our subsurface exploration, we anticipate about 3 Yi to 4 feet of non- supportive soil mantling the supportive Santa Clara formation materials/Franciscan assemblage bedrock. We recommended that footings for the re sidence be constructed at least 1 foot into the Santa Clara formation or Franciscan assemblage. Thus, the bottom of footings will be within about 6 inches above the bottom of the creek channel. In our opinion, an elevation rise of 6 inches over a horizontal distance of 15 feet (or an incline of about 2 degrees from the bottom of the creek channel ) does not present a slope stability h azard. Comment: Regarding the driveway, th e report should include a stability analysis or otherwise discuss th e depth and s teepness of th e cree k bank adjacent to th e driveway at critical locations (w here driveway is closest to the creek and/or wh ere steepest creek banks are). We also evaluated the slope stability and proximity of the creek bank at several locations along the driveway. The downslope side of the driveway is shown to be supported by block retaining walls up to a maximum retained height of 4 feet. We recommend that the wall extend below grade, such that the bottom course of block is founded in the underlying Santa Clara formation or Franciscan assemblage bedrock. Based on our subsurface study, we anticipate supportive materials to be about 2 to 3 feet below existing ground surface along the alignment. Taking these depths to support into account, we anticipate that the retaining wall around the proposed fire-truck turnaround at the entrance to the site will be founded at or below the elevation of the bottom of the creek bank. Near the middle of the driveway where the creek gets closest (bottom of the channel will be about 10 feet horizontally from the driveway retaining wall), we anticipate that the bottom course of blocks will be about 1 foot above the bottom of the creek channel. In our opinion , an elevation rise of 1 foot over a hori zo ntal distance of 10 feet (or an incline of about 6 degrees from the bottom of the creek channel) does not present a slope stability hazard. Copyright -C2Earth, Inc. 408 866 5436 10) I 866 941 6824 1f1 I 750 Camden Ave Su ite A Campbell CA 95008 I C2@C2Ea rth corr I '.'/WW C2!:art h com Project Name : Pearson 17 February 2016 Document Id. 15193C-01 L2 Page 3 of 3 UPP GEOTECHNOLOGY a division of C2 EARTH.1Nc. We trust that the above satisfactorily addresses the concerns rai sed. It is our pleasure to continue to assist you on your project. Sincerely yours, Upp Geotechnology a division of C2Earth, Inc. ~~m er, Principal Certified Engineering Geologis t 2314 Craig N. Reid, Principal Certified Hydroge ologist 882 s~~ ~~~~~L~N:iGH::0 Certified Engineering Geologist 2471 Registered Geotechnical Engineer 3060 Dis tribution: Addressee (3 p icked up and v ia e-mai l to ep ea rsonz@outlook.com) This doc111nen1 is pro1ec1ed under Federal Copyrigh1 laws. Unauthorized use or copying oflhis documenl by anyone other 1han the client(.f) is s trictly prohibited. Con/act C2Earlh, Inc. for ''APPl/CATION TO USE." Copyrig ht -C2Earth, Inc. 408 866 5436 lo) I 866 94168241f) I 750 Camden Ave Suite A Campbell CA 95008 I C2Q.C2Earth com I www C2Eartt1 com