Item 3 - 16362 Hilow Rd - Staff Report & Exh. 1-16TOWN OF LOS GATOS ITEMNO: 3
PLANNING COMMISSION STAFF REPORT
Meeting Date: July 27, 2016
PREPARED BY: Joel Paulson, Community Development.Director
JPaulson@losgat osca. gov
APPLICATION NO.: Architecture and Site Application S-16-011
LOCATION: 16362 Hilow Road (Located on the east side ofHilow Road
south of Shannon Road)
PROPERTY OWNER
APPLICANT: Valy Jalalian
CONTACT PERSON: Valy Jalalian
APPELLANT: Shannon Susick
APPLICATION SUMMARY: Consider an appeal of a decision ofthe Development Review
Committee approving an Architecture and Site application to
construct a new single-family residence on property zoned R-1 :8 .
APN 532-04-082.
RECOMMENDATION: Deny the appeal and uphold the decision of the Development
Review Committee to approve the application.
PROJECT DATA: General Plan Designation:
Zoning Designation:
Low Density Residential
R-1 :8-Single-Family
Residential, 8,000-square foot lot
mmtmum
Applicable Plans & Standards: General Plan; Residential Design
Guidelines
Parcel Size: 11 ,779 square feet
Surrounding Area:
----·-~-~-~-i-~!i~g__Land Use I General_f!~!l ______ J_ z~~.!?.g_ ___ ·--···
North 1 Single-Family I LowDensity ! R-1:8
I I Residential I Pre-z one
East _l_s_fngie~Familyji ow 6-ens-i!y------p~~i -:s·-----··--
i i Residential I Pre-z one --·-------·-·--·-·-·--··-·-·-···--------·r··----·--·-·----------·---·-·----i------------·--··
South ! Single-Family
1
Lo':De~sity 1 R-1:8
I i Residential 1 Pre-zone ·--·--·--t---·-·······-----·--·-·-·-··-·-·-----··--·--+·-·-·---·-·---··-·-·-·-·-----.J.------·---···----·---
West I Single-Family ! Low Density ! R-1:8
J I Residential l Pre-zone
Planning Commission Staff Report -Page 2
16362 Hilow Road/S-16 -011
July 20,2016
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 15303: New Construction or Co nversion of Small
Structures.
•
•
•
As required, pursuant to the adopted Guidelines for the
Implementation ofthe California Environmental Quality Act,
this project is Categorically Exempt, Section 15303: New
Construction or Conversion of Small Structures.
As required by the Residential Design Guidelines that the
project complies with the Residential Design Guidelines.
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 Commi ssion is final unless appealed
within ten days.
1. Location map
2. Required Findings and Considerations (one page)
3. Conditions of Approval (nine pages)
4. Project data sheet (one page)
5. Originally submitted Project Description and Letter of
Justification (three pages), received February 1, 2016
6 . Consulting Architect report (five pages), dated March 8, 2016
7. Consulting Arborist report (43 pages), received March 7, 2016
8. May 3, 2016 Development Review Committee meeting minutes
9. May 17, 2016 Development Review Committee meeting minutes
10 . June 7, 2016 Development Review Committee meeting minutes
11. Public comments
12. Letter from applicant's Geotechnical Engineer (two pages), dated
April 22, 2016
13 . Responses from the applicant regarding two of the neighbors e-
mails (six pages), received May 16 , 2016
14. Letter from the applicant (two pages), dated May 27 , 2016
15 . Appeal letter (four pages), received June 15 ,2016
16. Letter from the applicant (15 pages), received July 13,2016
17. Development P l ans (1 0 sheets), received October 20, 2015
Planning Commission Staff Report -Page 3
163 62 Hi low Road/S-16-0 11
July20,2016
BACKGROUND :
The existing 11 ,779-square foot site is currently vacant. The site previously contained an 1,056-
square-foot single-story residence with an attached carport. Prior to annexation to the Town, the
applicant received approval from the County to demolish the existing residence and the existing
home and carport have been removed. The applicant is proposing to construct a new two-story
residence with an attached garage.
The application was approved by the Development Review Committee on June 7, 2016. The
application approval was appealed on June 15, 2016.
PROJECT DESCRIPTION:
A. Location and Surrounding Neighborhood
The project site is located on the east side of Hi low Road south of Shannon Road (Exhibit
1). The property is surrounded by single-family residential uses.
B. Architecture and Site Approval
Architecture and Site approval is required for construction of a new residence.
C. Zoning Compliance
The proposed project complies with the floor area, height , and building coverage
limitations. The proposed project complies with setback requirements and all required
parking is being provided on-site. The zoning permits a single-family residence.
ANALYSIS:
A. Architecture and Site
The applicant is proposing a 3,479-square foot two-story residence with a 932-square foot
attached garage and an 1 ,800-square foot cellar. The project would have a maximum height
of26 feet. The proposed materials include: stucco and wood siding, stone veneer, and a
compos ition shingle roof. A color and materials board will be available at the Planning
Commission meeting and Exhibit 4 includes general project data.
The Town's Architectural Consultant reviewed the project to provide recommendations
regarding architecture and neighborhood compatibility. The Cons ulting Architect 's
comments are included in Exhibit 6. The Consulting Architect commented that the ten-foot
ceiling heights increase the actual mass of the structure, while the setbacks of the second-
floor wall s from those of the first floor work to mitigate the visual perception of the mass.
Planning Commission Staff Report -Page 4
16362 Hilow Road/S-16-011
July 20, 2016
The consultant recommended considering a reduction in the ceiling height(s). The
Consulting Architect recommended providing wood jambs and true divided-lights to the
casement windows in order to be compatible with the forms, scale, and materials of the mix
of traditional style homes in the established neighborhood.
The following outlines the Consulting Architect's recommendations with the applicant's
response in italics.
1. Consider reducing the floor to ceiling heights .
The applicant reduced the second floor plate height from 10 feet to 9 feet.
2. Provide separate wood jambs between the windows.
The applicant modified the plans to comply with this recomm endation.
3. Use true or simulated divided light windows in-lieu of the proposed surface mounted
mullions.
The applicant will use simulated divided light windows.
B. Neighborhood Compatibility
Based on Town and County records, the residences in the immediate neighborhood range
in size from 1,056 square feet to 3,584 square feet (not including garage). The FARs range
from 0.09 to 0.30. The applicant is proposing a 3,479-square foot home on a 11,779-
square foot parcel (0.30 FAR). The maximum allowed home square footage for the lot is
3 ,483 square feet.
The Neighborhood Analysis table on the next page reflects the current conditions in the
immediate neighborhood. The table includes the gross lot area, all lots in the area would be
subject to a slope reduction based on topography. The provided floor areas may include
cellars .
Planning Commission StaffReport-Page 5
16362 Hi low R oad/S-16-0 11
Jul y 20, 20 16
ADDRESS House
16362 Bilow Road (E)* 1,056
16362 Hilow Road (P) 3,479
16 34 1 Hilow Road 1,380
16357 Hilow Road 2,106
16369 Hilow Road 1,056
16383 Hilow Road 2,339
16397 Hilow Road 3,330
16386 Hilow Road (E) 1,056
16386 Hilow Road (P)** 3,479
16374 Hilow Road 3,584
16350 Hilow Road 2,985
16338 Hilow Road 2,081
* Prior to demolition
** C urre ntl y pending project
C. Tree Impacts
Garage
0
932
0
400
400
576
568
356
859
473
504
46 1
House House
and garage Lot size FAR Stories
1,056 11,779 0.09 1
4,411 11,779 0.30 2
1,380 10,300 0.13 1
2,506 9 ,944 0.21 1
1,456 11 ,318 0.09 1
2,915 11 '786 0.20 1
3,898 11 ,757 0.28 1
1,41 2 11 ,779 0.09 1
4,338 11 ,779 0.30 2
4 ,057 11 ,779 0.30 1
3,489 11 ,779 0.25 2
2,542 9,921 0.2 1 1
T h e applicant is proposing to remove one of th e six onsite trees. The pl ans were reviewed
by the Town's consulting arborist on March 7 , 20 16 (Exhibit 7). The tre e being removed i s
a 22 -inch Redwood (Tree #6). The applicant rece ived approval to remove Tree #5 and
Tree #6 prior to annexation to the Town. However, the applicant is now only requ esting to
remove Tree #6. The applicant is required to comply with the recommendations of the
Consulting Arborist (Condition #6 of Exhibit 3) and the applicant will be required to
provide canopy replacement per Town Code standards for the tree being removed.
D. Environmental Review
The project is Categorically Exempt pursuant to the adopted Guidelines for the
Implementation of the California Environmental Quality Act, Section 15303 : New
Construction or Conversion of Small Structures.
E. Development Re view Committee
The Deve lopment Review Committee (DRC) co nsidered the item on May 3, 2016 (Exhibit
8). Written public hearing notic es were sent to surrounding property own ers and tenants
(minimum of30).
Planning Commission Staff Report-Page 6
16362 Hilow Road/S-16-011
July 20,2016
The following neighbors spoke at the hearing:
Mr. and Mrs. Wagner -163 7 4 Hi low Road
Jeanne Driedger -220 Tourney Loop
Shannon Sussick -17670 Tourney Road
The main issues that were raised by the neighbors included : height, size, and mass of the
proposed residence. Staff continued the item to the May 17, 2016 DRC meeting so that the
applicant could work with the neighbors to address the concerns that were raised.
At the May 1 7, 2016 DRC hearing the neighbors listed above spoke as well as Perry Hariri
(16386 Hilow Road). The main issues that were raised by the neighbors included: height,
size, mass, cellar size, drainage concerns, loss of views, and neighborhood compatibility.
Staff continued the item to the June 7, 2016 DRC meeting so that the applicant could
continue to work with the neighbors to address the concerns that were raised.
The applicant made the following changes to the proposed project prior to the June 7 , 2016
DRC Hearing:
1. Reduced the height by two feet from 28 feet to 26 feet
2. Agreed to build an eight-foot fence prior to beginning construction
3. Reduced the square footage of the cellar from 3,026 square feet to 1,800 square feet
4. Agreed to increase the sill height of the windows on the side elevations to five feet to
mitigate privacy impacts
5. Agreed to remove only one tree instead of two
6. Changed overflow drainage to direct storm water to the front of the house
7. Agreed to relocate the proposed HVAC condenser
At the June 7, 2016 DRC hearing only the Wagners spoke at the hearing. The Wagners
commented that there had been positive improvements to the project, that they prefer no
trees along the northern property line, and that the construction should be carefully
monitored.
The DRC found that the application was complete and in compliance with the Residential
Design Guidelines. The DRC included an additional condition (Condition #11 of Exhibit
3) to require two 48-inch box trees to be planted in the front of the proposed home .
F. Appeal
The application was appealed by Shannon Susick (Exhibit 15) based on neighborhood
compatibility, concerns regarding the proposed cellar, and the size, mass, and scale of the
proposed project among other issues outlined in Exhibit 15 .
Planning Commission Staff Report -Page 7
16362 Hi low Road/S-16-0 11
July 20,2016
CONCLUSION AND RECOMMENDATION :
A. Conclusion
The project is in compliance with the Residential Design Guidelines. The applicant has
modified the proposed plans in an effort to address the concerns that were raised during the
DRC hearings and the proposed residence is similar in size and mass to the existing two-
story home next door.
B. Recommendation
Staff recommends that the Planning Commission take the following actions to deny the
appeal and uphold the decision of the DRC and approve the Architecture and Site
application:
I. Find that the project is Categorically Exempt pursuant to the adopted Guidelines for the
Implementation of the California Environmental Quality Act, Section 15303: New
Construction or Conversion of Small Structures (Exhibit 2); and
2. Make the finding that the project complies with the Residential Design Guidelines
(Exhibit 2); and
3. 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
4. Approve Architecture and Site Application S-16-0 11 with the conditions contained in
Exhibit 3 and development plans attached as Exhibit 17.
Alternatively, the Commission may take one of the following actions:
1. Grant the appeal and remand the application to the DRC with direction for revisions ; or
2. Modify the conditions of approval in Exhibit 3 as deemed appropriate; or
3. Continue the application to a date certain with direction to staff and the applicant for
desired revisions; or
4. Grant the appeal and deny the Architecture and Site application.
repared and Approved by:
Joel Paulson, AICP
Community Development Director
JSP:
cc: Valy Jalalian, 140 Clover Way, Los Gatos, CA 95032
Shannon Susick, 16407 Shady View Lane, Los Gatos CA 95032
N :\DEV \PC REPORTS\20 16\Hilow16 362-appea l. doc
( ('
16362 Hilow Road
EXlllBIT 1
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PLANNING COMMISSION -July 27, 20 16
REQUIRED FINDINGS & CONSIDERATIONS FOR:
16362 Hilow Road
Architecture and Site Application S-16-011
Requesting approval to construct a new single-family residence on property zoned R-1:8.
APN 532-04-082.
PROPERTY OWNER/APPLICANT: Valy Jalalian
FINDINGS
Required finding for CEQA:
• The project is Categorically Exempt pursuant to the adopted Guidelines for the
Implementation of the California Environmental Quality Act, Section 15303: New
Construction or Conversion of Small Structures.
Required Compliance with the Residential Design Guidelines:
• The project complies with the Residential Design Guidelines for single-fami ly homes not in
hill si de re sident ia l areas.
CON SID ERA TIONS
Required considerations in review of Architecture & Site applications:
• A s required b y Section 29.20.150 of the Town Code, the considerations in review of an
Architecture and Site application were all made in reviewing thi s project.
N :\D EV\FI N DI N GS\20 16\HILOW 16362 .DOCX
EXHIBIT 2
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PLANNING COMMISSION -July 27, 2016
CONDITIONS OF APPROVAL
16362 Hilow Road
Architecture and Site Application S-16-0 11
Requesting approval to construct a new single-family residence on property zoned R-1 :8. APN
532-04-082.
PROPERTY OWNER/APPLICANT: Valy Jalalian
TO THE SATISFACTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT:
Planning Division
1. APPROVAL: This application shall be completed in accordance with all of the conditions
of approval and in substantial compliance with the approved plans. Any changes or
modifications to the approved plans and/or business operation shall be approved by the
Community Development Director, DRC or the Planning Commission depending on the
scope of the changes.
2. EXPIRATION: The approval will expire two years from the approval date pursuant to
Section 29 .20.320 of the Town Code, unless the approval has been vested.
3. OUTDOOR LIGHTING: Exterior lighting shall be kept to a minimum, and shall be down
directed fixtures that will not reflect or encroach onto adjacent properties. No flood lights
shall be used unless it can be demonstrated that they are needed for safety or security. The
lighting plan shall be reviewed during building plan check.
4. GENERAL: All existing trees shown on the plan and trees required to remain or to be
planted are specific subjects of approval of this plan, and must remain on the site.
5. TREE REMOVAL PERMIT: A Tree Removal Permit shall be obtained for any trees to be
removed, prior to the issuance of a building or grading permit.
6. ARBORIST REQUIREMENTS: The developer shall implement, at their cost, all
recommendations made by Deborah Ellis, identified in the Arborist's report dated as
received on March 7, 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.
7. 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 Arbori st Reports prepared by Deborah Ellis dated as
received March 7, 2016, on file in the Community Development Department. Include a
tree protection plan with the construction plans.
8. STORY POLES: The story poles on the project site shall be removed within 30 days of
approval ofthe Architecture & Site application.
9. 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
EXHIBIT 3
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, and may be secured to the satisfaction of the Town Attorney.
10. FENCING: An eight foot fence shall be installed pursuant to Town Code requirements
prior to beginning construction on side and rear property lines where the adjacent neighbor
consents to such installation.
11. TREE SCREENING: Two 48-inch box trees shall be planted in the front of the proposed
home prior to issuance of a Certificate of Occupancy.
12 . COMPLIANCE MEMORANDUM: A memorandum shall be prepared and submitted with
the building plans detailing how the Conditions of Approval will be addressed.
Building Division
13. PERMITS REQUIRED: A Demolition Permit shall be required for the demolition of the
existing single-family residence and a Building Permit for the construction of the new single-
family residence. Separate permits are required for electrical, mechanical , and plumbing
work as necessary.
14. CONDITIONS OF APPROVAL: The Conditions of Approval must be blue-lined in full on
the cover sheet of the construction plans. A Compliance Memorandum shall be prepared and
submitted with the Building Permit application detailing how the Conditions of Approval
will be addressed.
15. SIZE OF PLANS: Four sets of construction plans, minimum size 24" x 36", maximum size
30" X 42 ".
16. DEMOLITION REQUIREMENTS: Obtain a Building Department Demolition Application
and a Bay Area Air Quality Management Application from the Building Department Service
Counter. Once the demolition form has been completed, all signatures obtained, and written
verification from PG&E that all uti l ities have been disconnected, return the completed form
to the Building Department Service Counter with the Air District's J # Certificate, PG&E
verification, and three (3) sets of si te plans to include all existing structures, existing utility
service lines such as water, sewer, and PG&E. No demolition work shall be done without
first obtaining a permit from the Town.
17. 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 soi ls mechanics.
18. SHORING: Shoring plans and calculations will be required for all excavations which exceed
four (4) feet in depth or which remove lateral support from any existing building, adjacent
property, or the public right-of-way. Shoring plans and calculations shall be prepared by a
California licensed Engineer and s hall conform to Cal/OSHA regulations.
19. FOUNDATION INSPECTIONS: A pad certificate prepared by a licensed civil engineer or
land surveyor shall be submitted to the project building inspector at foundation in spection.
This certificate shall certify compliance with the recommendations as specified in the Soils
Report and that the building pad elevation and on-site retaining wall locations and elevations
have been prepared according to the approved p lans. Horizontal and vertical controls shall
be set and certified by a licensed Surveyor or registered Civil Engineer for the following
items:
a. Building pad elevation
b. Finish floor elevations
c . Foundation comer locations
20. 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 possible future grab bars.
b. All passage doors shall be at least 32 -i nches wide on the accessib le floor.
c. Primary entrance shall have a 36-inch wide door including a 5 'x 5' level landing, no
more than 1 inch out of plane with the immediate interior floor level and with an 18-
inch clearance at interior strike edge.
d. Door buzzer, bell or chime shall be hard wired at primary entrance.
21. TITLE 24 ENERGY COMPLIANCE: Required California Title 24 Energy Compliance
Forms must be blue-lined, i.e. directly printed, onto a plan sheet.
22 . BACKWATER VALVE: The scope of this project may require the installation of a sanitary
sewer backwater valve per Town Ordinance 6.50.025. Please provide information on the
plans if a backwater valve is required and the location of the installation. The Town of Los
Gatos Ordinance and West Valley Sanitation District (WVSD) requires backwater valves on
drainage piping serving fixtures that have flood level rims less than 12-inches above the
elevation of the next upstream manhole.
23. 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 1 0-feet of
chimneys.
24. HAZARDOUS FIRE ZONE: The project requires a Class A Roof A ssembly.
25. WILDLAND-URBAN INTERFACE: This project is located in a Wildland Urban Interface
Fire Area and must comply with Section R327 of the 2013 California Residential Code.
26. 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.
27. PRIOR TO FINAL INSPECTION: Provide a letter from a California licensed landscape
architect certifying that the landscaping and vegetation clearance requirements have been
completed per the California Public Resources Code 4291 and Government Code section
51182.
28. 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
In spection 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 .lo sgatosc a.gov/building
29. 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 ARC Blue Print for a fee or online at
www.losgatosca.gov/building.
30. APPROVALS REQUIRED: The project requires the following departments and agencies
approval before issuing a building permit:
a. Community Development -Planning Division: Joel Paulson (408) 354-6879
b. Engineering/Parks & Public Works Department: Ryan Fong (408) 395-5340
c. Santa Clara County Fire Department: ( 408) 3 78-401 0
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.
f. Bay Area Air Quality Management District: (415) 771-6000
31. ADVISORY COMMENT: Code compliant light, ventilation , and egress is required from the
Cellar.
TO THE SATISFACTION OF THE DIRECTOR OF PARKS AND PUBLIC WORKS:
Engineering Division
32. 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
Developer's representative in charge shall be at the job site during all working hours. Failure
to maintain the public right-of-way according to this condition may res ult in the Town
performing the required maintenance at the Developer's expense.
33. APPROVAL: This application shall be completed in accordance with all the conditions of
approvals 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
34. ENCROACHMENT PERMIT: All work in the public right-of-way will require a
Co nstruction Encroachment Permit. All work over $5 ,000 will require construction security.
It is the responsibility of the Applicant/Developer to obtain any ne cessary 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 Di strict , California
Department of Transportation. 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.
35. PUBLIC WORKS INSPECTIONS: The Developer or his/her representative shall notify the
Engineering Inspector at least twenty-four (24) hours before starting any work pertaining to
on-site drainage facilities , grading or paving, and all work in the Town's right-of-way.
Failure to do so will result in rejection of work that went on without inspection.
36. RESTORATION OF PUBLIC IMPROVEMENTS: The Developer shall repa ir or replace all
existing improvements not des ignated for removal that are damaged or removed because of
the Developer's operations. Improvements such as, but not limited to, curb, gutter, sidewalk,
driveway, and pavement 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 In spector, and shall comply with all Title 24 Disabled Access provisions. The
Developer shall request a walk-through with the Engineering Construction Inspector before
the start of construction to verify existing conditions.
37. STREET/SIDEWALK CLOSURE: Any propo sed blockage or partial closure of the street
and/or sidewalk 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.
38. PLAN CHECK FEES: Plan check fees shall be depo si ted with the Town prior to plan review
at the Engineering Division of the Parks and Public Works Department.
39. INSPECTION FEES: In spection fees shall be deposited with the Town prior to issuance of
any permits.
40. DRIVEWAY APPROACH : The Developer shall install a new Town standard residential
driveway approach. 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.
41. UTILITIES: The Developer shall install all new, relocated, or temporarily removed utility
services, including telephone, electric power and all other communications lines
underground , as required by Town Code Section 27.50.0 15(b ). All new utility services shall
be placed underground . Underground conduit shall be provided for cable television service.
Applicant is required to obtain approval of all proposed utility alignments from any and all
utility service providers. The Town of Los Gatos does not ap prove or impl y approval for
final alignment or design of the se facilities.
42. WVSD (West Valley Sanitation District): Sanitary sewer lateral s are televised by West
Valley Sanitation District and approved by the Town of Lo s Gatos before they are used or
reused. A sanitary sewer clean-out is required for each property at the property line or
location specify by the Town.
43. SIDEWALK IN-LIEU FEE: A sidewalk in-lieu fee is required prior to issuance of a
building permit. The estimated fee per the current Town Fee Schedule is $5,408.00. This fee
is based on 338 square feet of 4.5-foot wide sidewalk at $16/SF. The fee is subject to change
every fiscal year.
44. SIGHT TRIANGLE AND TRAFFIC VIEW AREA: Any proposed improvements, including
but not limiting to trees and hedges, will need to abide by Town Code Sections 23.1 0.080,
26.1 0.065, and 29.40.030.
45. CONSTRUCTION STREET PARKING: No vehicle havin g a manufacture 's rated gross
vehicle weight exceeding t en thousand (1 0,000) pounds shall be allowed to park on the
portion of a street which abuts property in a residential zone wi thout prior to approval from
the Town Engineer.
46. HAULING OF SOIL: Hauling of soil on or off-site shall not occur during the morning or
evening peak periods (between 7:00 a.m. and 9:00 a.m. and between 4:00 p.m. and 6:00
p.m.). Prior to the is suance of a building permit, the developer shall work with the Town
Building and Engineering Department Engineering In spectors to devise a traffic control plan
to ensure safe and efficient traffic flow under periods when so il is hauled on or off the project
site. This may include, but is not limited to provisions for the developer/owner to place
construction notification signs noting the dates and time of construction and hauling
activities, or providing additional traffic control. Coordination with other s ignificant projects
in the area may also be required.
47. CONSTRUCTION NOISE: Between the hours of8:00 a.m. to 8:00p.m., weekdays and 9:00
a.m. to 7 :00p.m. weekends and holidays, construction, alteration o r 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. lfthe device is located within a structure
on the property, the measurement shall be made at distances as close to twenty-fi ve (25) feet
from the device as possible. The noi se level at any point outside of the property plane shall
not exceed eighty-five (85) dBA.
4 8. CONS TRUCTION MANAGEMENT PLAN : The Applicant shall submit a construction
management plan that shall incorp orate at a minimum the employee parking, materials
storage area, concrete washout , and proposed outhouse locations.
49. SIT E D ESIGN MEASURES: All projects shall incorporate one or more of the following
m eas ures:
a. Protect sen sitive areas and minimi ze changes to the natural topography.
b . Minimize impervious surface areas.
c. Direct roof do wnspo ut s to vegetated are as.
d. Use permeable pave ment surfaces on the driveway , at a minimum.
e . Use landscaping to treat stormwater.
50. 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 lan d scaping disturbed soi ls as soo n as po ssible. Further, water truck s shall be present and
in use at the construction site. All portions of the s ite subject to blowing dust shall be
watered as often as deemed n ecessary b y the Town, or a minimum of three times daily, or
apply (non-toxic) so il stabili zers on all unpaved access roads, parking areas, an d staging
areas at construction sites in order to insure prop er control of blowing dust for the duration of
the proj ect. Watering on public streets sh all not occur. Streets will be cleaned by street
swee pers or by hand as o ft en as deemed necessary b y the Town Engine er, o r at least once a
day. Watering associated with on-si te construction activity shall take place between the
hours of 8 a.m. and 5 p.m. and shall includ e at least one late-afternoo n watering to minimi ze
the effects of blowing dust. All publi c streets so iled or littered due to thi s construction
ac ti vity shall be cleaned and swept on a daily bas is during the workweek to the satisfaction of
the Town. Demolition or earthw ork acti vities shall be h al ted when w ind speeds
(instantaneous gusts) exceed 25 MPH. All trucks hauling soi l, sand, or other loose debris
shall be covered.
51. CONSTRUCTION ACTIVITIES: All co nstruction shall conform to the latest requirements
of th e CASQA Stormwater Best Management Practices Handbooks for Construction
Activities and New Development and Redevelopment, the Town's grading and erosion
co nt ro l ordinance, and other generall y accepted engineerin g practices for erosion control as
required b y the Town En gineer when und ertaking construction activities .
52. S ITE DRAINAG E: Rainwater leaders shall be discharged to spl ash blocks. No through curb
drains will be allowed. Any storm drai n inlets (public or pri vate) directly connected to public
storm sys tem shall be stenc il ed/signed with appropriate "NO DUMPING -F lows to Bay"
NPDES required language. On-site drai nage systems for all projects shall include o ne of the
alt ernatives included in secti o n C.3 .i of the Municipal Re gio nal NPDES P ermit. Th ese
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.
53. SILT AND MUD IN PUBLIC RIGHT-OF-WAY: It is the responsibility of contractor and
home owner to make sure that all dirt tracked into the public right-of-way is cleaned up on a
daily basis. Mud, silt, concrete and other construction debris SHALL NOT washed into the
Town 's storm drains.
54. GOOD HOUSEKEEPING: Good housekeeping practices shall be observed at all times
during the course of construction. All construction shall be diligently supervised by a person
or persons authorized to do so at all times during working hours. The storing of goods and/or
materials on the sidewalk and/or the street will not be allowed unless an encroachment permit
is issued by the Engineering Division. The adjacent public right-of-way shall be kept clear of
all job related dirt and debris at the end of the day. Dirt and debris shall not be washed into
storm drainage facilities. The storing of goods and materials on the sidewalk and/or the
street will not be allowed unless an encroachment permit is issued. The Developer's
representative in charge shall be at the job site during all working hours. Failure to maintain
the public right-of-way according to this condition may result in the Town performing the
required maintenance at the Developer's expense.
TO THE SATISFACTION OF THE SANTA CLARA COUNTY FIRE DEPARTMENT:
55 . Review of this Developmental proposal is limited to acceptability of site access and water
supply as they pertain to fire department operations, and shall not be construed as a substitute
for formal plan review to determine compliance with adopted model codes. Prior to
performing any work the applicant shall make application to, and receive from , the Building
Department all applicable construction permits.
56. Fire Sprinklers Required: An automatic residential fire sprinkler system shall be installed in
one-and two-family dwellings as follows: In all new one-and two-family dwellings and in
existing one-and two-family dwellings when additions are made that increase the building
area to more than 3,600 square feet. Exception: A one-time addition to an existing building
that does not total more than 1,000 square feet of building area. NOTE : The owner(s),
occupant(s) and any contractor(s) or subcontractor(s) are responsible for consulting with the
water purveyor of record in order to determine if any modification or upgrade of the existing
water service is required. A State of California licensed (C-16) Fire Protection Contractor
shall submit plans, calculations, a completed permit application and appropriate fees to this
department for review and approval prior to beginning their work. CRC Sec. 313.2 as
adopted and amended by LGTC
57 . 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 th e 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 storage containers that may be physically connected in
any manner to an appliance capable of 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(s). 2010 CFC Sec .
903.3.5 and Health and Safety Code 13114.7
58 . Construction Site Fire Safety: All construction sites must comply with applicable provisions
of the CFC Chapter 33 and our Standard Detail and Specification SI-7. Provide appropriate
notations on subsequent plan submittals, as appropriate to the project. CFC Chp. 33
59. Address identification. New and existing buildings shall have appro ved address numbers,
building numbers or approved building identification placed in a position that is plainly
legible and visible from the street or road fronting the property. These numbers shall contrast
with their background. Where required by the fire code official, address numbers shall be
provided in additional approved locations to facilitate emergency response. Address numbers
shall be Arabic numbers or alphabetical letters . Numbers shall be a minimum of 4 inches
(101.6 mm) high with a minimum stroke width of 0.5 inch (12.7 mm). Where access is by
means of a private road and the building cannot be viewed from the public way, a monument,
pole or other sign or means shall be used to identify the structure. Address numbers shall be
maintained. CFC Sec. 505 .1
60. Plans not approved. To prevent plan review and inspection delays , the above noted
Developmental Review Conditions shall be addressed as "notes" on all pending and future
plan submittals and any referenced diagrams to be reproduced onto the future plan submittal.'
N :\DEV\CO N DITIONS\20 16\Hilow 16362 .d ocx
163 62 Hilow Road -PROJECT DATA
EXISTING PROPOSED REQUIRED/
CONDITIONS PROJECT PERMITIED
Zoning d istrict R-1:8 same -
Land use Vacant New House -
General Plan Designation Low density residential same -
Lot size (sq. ft.)
• gross lot area 11,779 same 8,000 sq. ft. minimum
Exterior materials:
• siding N/A Stucco , Wood, and -
Ledgestone
trim N /A Wood • -
windows N /A Wood Clad • -
• roofing N /A Composition Shingle -
Building floor area:
first floor N /A 2,157 -•
• second floor N/A 1,32 2 -
• garage N/A 932 -
• cellar N/A 1,8 00 -
Setbacks (ft.):
front N/A 25 ' 2 5 feet minimum •
• rear N /A 53 ' 20 feet minimum
• side N /A 8 ' 8 feet minimum
Maximum height (ft.) N /A 26'
30 feet maxi mum
Building coverage (%) N /A 26% 40 % maximum
.EXill.Bli 4
Floor Area Ratio (sq. ft.)
• house N /A 3,479 3,483 sq. ft. maximum
• garage N/A 932 954 sq. ft . maximum
Parking N/A 4 Two spaces minimum
Tree Removals N/A 1 Canopy replacement
Written description of proposed Project:
APN: 532-04-082
Project Name: Jalalian Residence
Address: 16362 Hilow Road, Los Gatos Ca 95032
RECEIVED
Ft8 0 'I 2016
TOWN OF LOS GATOS
PLANNING DIVISION
The scope of the project entails demolition of existing structure and building a new single family
home. The existing structure is 3 beds 1 bath 1,056 square feet of living area on 11 ,779 square
feet of land which was built in 1952. The current project is to de sign and build a new single
family residence with 2 stories, 4 beds 4 1/2 bath approximately 3,484 square feet ofliving area
in first & second .floor, 2856 square feet of cellar and 820 square feet of garage.
Valy Jalalian
EXHIBIT 5
•" (
Letter of Justification
APN: 532-04-082
Project Name: Jalalian Residence
Address: 16362 Hilow Road, Los Gatos Ca 95032
(~
RECEIVED
FEB 0 1 2016
TOWN OF LOS GATOS
PLANNING DIVISION
I am writing this letter of justification to obtain approval for demolition of existing single family
home to build a new single family located at 16362 Hilow Rd Los Gatos .
The analysis of existing home illustrates current infrastructure, foundations and living area
available on the land is insufficient to meet our needs. We therefore need to be able to optimize
use of the land by new development. By removing the existing structure, it wilJ allow us to
expand and create additional living area and garage. As is current stmcture does not support any
reasonable expansion.
Valy Jalalian
(·
16362 Hilow Rd Los Gatos, Ca 950.32
5 Homes across the street in front of the subject property
16411 Hilow Rd 16397 16383
SQF 2534 3,330 2,339
Year Build 1951 1992 1951
Lot Size .26 .28 10,454
.--. ( .
RECE~V E D
FEB 0 1 2016
TOWN OF LOS GATOS
PLANNING DIVISION
16369 16357
1056 2,106
1954 1954
9,944 9148
-----------------------------------------------------------H I L 0 W R 0-----------------------------------------------------------
2 Homes on each side of the subject property at 16362 Hilow Road:
16338 Hilow Road 16350 16362 16374 16386
SQF 1,056 3,584 1056 2,985 2,081
Year Build 1954 1956 2016 2005 1955
Lot Size .27 .27 .27 .27 9,583
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Left Blank
lvlarch 8, 2016
Ms. Susie Pined a
Community D evelopm en t D epartment
Town of Los Gatos
110 E. !\lain Street
Los Gatos, C:\ 9503 1
R.E: 16362 H ilow Road
Dea r Su sie:
(
ARC HI TECfURE PLANI'H NG URBAN DESIGN
I r eviewed the drawings, and r eviewed the site context. My comments and reco mmendation s are as follows:
Neighborhood Context
The site is lo cated in an old er es tablished n eighborhood v.rith a mix o f traditio n al architectural styles. Photograp hs of the
site and nearby homes are sh own o n the foll O\ving page.
700 Ll1RKSPUR LANDI G CIRCLE . SUITE 199 . LARKSPUR. CA . 94939
.EXHIBIT 6
TEL: 4 15.33 1.3 7 95
CDGPLAN @ PACBELL.NfT
This Page
Intentionally
Left Blank
. ' '
\.,_
WARNING
TREE PROTECTION ZONE
This fence shall not be removed
and is subject to penalty according to
Los Gatos Town Code 29.10.1025
LOS GAT OS TOWN CODE
Chapter 29 -ZONING REGULATIONS
Article I. -IN GENERAL
Division 2. TREE PROTECTION
Sec. 29.10.1005. Protection of trees during construction.
(a) Protective tree fencing shall specify the following :
(
(1) Size and materials. Six (6) foot high chain link fencing , mounted on two-inch diameter galvanized iron
posts, shall be driven into the ground to a depth of at least two (2) feet at no more than 1 0-foot spa ci ng.
For paving area that will not be demolished and when stipulated in a tree preservat ion plan , posts may
be supported by a concrete base.
(2) Area type to be fenced. Type 1: Enclosure with chain link fencing of either the entire dripline area or at
the tree protection zone (TPZ), when specified by a certified or consulting a rborist. Type II: Enclosure fo r
street trees located in a planter strip: chain link fence around the entire planter strip to the outer
branches. Type Ill: Protection for a tree located in a small planter cutout only (such as downtown):
orange plastic fencing shall be wrapped around the trunk from the ground to the first branch with 2-inch
wooden boards bound securely on the outside. Caution shall be used to avoid damaging any bark or
branches.
(3) Duration of Type I, II, Ill fencing . Fencing shall be erected before demolition, grading or construction
permits are issued and remain in place until the work is completed . Contractor shall first obtain the
approval of the project arborist on record prior to removing a tree prote ction fence.
(4) Warning sign. Each tree fence shall have prominently displayed an 8.5 x 11-inch sign stating :
'Warning-Tree Protection Zone-this fence shall not be removed and is subject to penalty accord ing to
Town Code 29.10.1025".
(b) All persons. shall comply with the following precautions :
(1) Prior to the commencement of construction, install the fence at the drip line, or tree protection zone
(TPZ) when specified in an approved arborist report , around any tree and/o r vegetation to be reta ined
which could be affected by the construction and prohib it any storage of construction materials or other
materials , equipment cleaning , or parking of vehicles within the TPZ. The dripline shall not be altered in
any way so as to increase the encroachment of the construction.
(2) Prohibit all construction activities within the TPZ, including but not limited to: e xcavation , grading,
drainage and leveling within the dripline of the tree unless approved by the Director.
(3) Prohibit disposal or depositing of oil, gasoline, chemicals or other harmful materials within the
dripline of or in drainage channels , swales or areas that may lead to the dripli ne of a protected tree.
(4) Prohibit the attachment of w ires , s igns or ropes to any protected tree.
(5) Design utility services and irrigation lines to be located outside of the dripline when feasible.
(6) Retain the services of a certified or consulting arborist who shall serve as the project arborist for
periodic monitoring of the project site and the health of those trees to be preserved . The project arborist
shall be present whenever activities occur which may pose a pote ntial threat to the health of the trees to
be pre served and shall document all site visits .
(7) The Director and project arborist shall be notified of any damage that occurs to a protected tree
during construction so that proper treatment may be administered.
(O rd . No. 21 14, §§ I , II , 8-4-03)
Page 1 of 4
Sec. 29.1 0.1 010. Pruni ng and maint enance.
All pruning shall be in accordance w ith the current vers ion of the International Society of Arboriculture Best
Management Practices-Tree Pruning and ANSI A300-Part 1 T ree , Shrub and Other Woody Plant
Management-Standard Practi ces , (Prun ing) and any specia l cond itions as determ ined by the Director. Fo r
developments , w hi ch requ ire a tree p reservation report , a cert ified or consulting arborist shall be in reasonable
charge of all activities involving protected trees , including prun ing , cabling and any other work if spec ified .
(1) Any public utility installing or maintaining any overhead wires or underground pipes or conduits
in the vicinity of a protected tree shall obtain permission from the Director before perform ing any
work , including prun ing , which may cause injury to a protected tree . (e.g . cable TV/fiber optic trenching ,
gas , water, sewer trench , etc .).
(2) Pruning for clearance of utility lines and energized conductors shall be performed in compliance
with the current vers ion of the American Nationa l Standards Institute (ANSI) A300 (Part 1)-Pr uning ,
Section 5.9 Utility Pruning. Us ing sp ik es or gaffs when pruning , except where no ot her alternative is
ava ilable, is proh ibited .
(3) No person shall prune, trim , cut off, or perform any work, on a single occasion or cumulatively,
over a three-year period, affecting twenty-five percent or more of the crown of any protected tree
w i thout first obtaining a permit pursuant to this division except for pollarding of fru itless mulberry
trees (Morus alba) or other species approved by the Town Arborist. Applicat ions fo r a p runing permit
shall include photographs indicating where pruning is proposed .
(4) No person shall remove any Heritage tree or large protected tree branch or root through pruning
or other method greater than four (4) inches in diameter (12.5" in circumference ) without first
obtaining a perm it pursuant to this divis ion.
(Ord. No . 2114 , §§ I, II , 8-4-03)
Sec. 29.10.1015. No limitation of authority.
Nothing in this division limits or modifies the existing authority of the Town under Division 29 of Title 29
(Zoning Regulations). Title 26 (Public Trees) or the Hillside Development Standards and Guidelines to requ ire
trees and other plants to be identified , reta ined , protected , and/or planted as cond itions of the approval of
deve lopment. In the event of conflict between provisions of this division and conditions of any permit or other
approval granted pursuant to Chapter 29 or Chapter 26 of the Town Code or the Hillside Development Standards
and Gu idelines. The more protective requirements shall prevail.
(Ord . No. 2114 , §§ I, II , 8-4-03)
Sec. 29 .10.1020. Responsibility for enforcement.
All officers and employees of the Town shall report violat ions of th is division to the Director of Community
Development. Whenever an Enforcement Officer as defined in Section 1.30 .015 of the Town Code determ ines
that a violation of this code has occurred, the Enforcement Officer shall have the authority to issue an
adm inistrative citation purs uant to the prov isions of Section 1.30 .020 of the Town Code
Whenever an Enforcement Officer charged with the enforcement of this Code determines that a
violation of that provision has occurred , the Enforcement Officer shall have the authority to issue an
administrative citation to any person responsible for the violation .
(Ord. No . 2114 , §§ I, II , 8-4-03 )
Page 2 of 4
r
(
Sec. 29.10.1025. Enforcement-Remedies for violation.
In addition to all other remedies set forth in this code or otherwise provided by law. the following remedies
shall be available to the Town for violation of this division :
(1) Tree removals in absence of or in anticipation of development. If a violation occurs in the absence
of or prior to proposed development , then discretionary applications and/or building perm it applications
will not be accepted or processed by the Town until the violation has been remedied to the reasonable
satisfaction of the Director. Mitigation measures as determined by the Director may be imposed as a
condition of any subsequent application approval or permit for development on the subject property. A
mitigation plan shall include specific measures for the protection of any remaining trees on the property,
and shall provide for the replacement of each hillside tree that was removed illegally with a new tree(s)
in the same location(s) as those illegally removed tree(s). The replacement ratio shall be at a greater
ratio than that required in accordance with the standards set forth in Sec . 29.10.0985 of this division . If
the court or the Director directs a replacement tree or trees to be planted as part of the remedy for the
violation , the trees shall be permanently maintained in a good and healthy condition . The property
owner shall execute a five-year written maintenance agreement with the Town . For those trees on public
property, replacement is to be determined by the Director of Community Development or by the Director
of Parks and Public Works .
(2) Pending development applications. Incomplete applications will not be processed further until
the violation has been remedied. If an application has been deemed complete , it may be denied by
the Director or forwarded to the Planning Commission with a recommendation for denial at the Director's
discretion . Mitigation measures as determined by the director may be imposed as a condition of
approval. A mitigation plan shall include specific measures for the protection of any remaining trees on
the property, and shall provide for the replacement of each hillside tree that was removed illegally with a
new tree(s) in the same location(s) as those illegally removed tree(s). The replacement ratio shall be at
a greater ratio than that required in accordance with the standards set forth in Sec. 29.1 0 .0985 of this
division. If the court or the Director directs a replacement tree or trees to be planted as part of the
remedy for the violation , the trees shall be permanently maintained in a good and healthy condition. The
property owner shall execute a five -year written maintenance agreement with the Town . For those trees
on public property, replacement is to be determined by the Director of Community Development or by
the Director of Parks and Public Works.
(3) Projects under construction .
a. If a v iolation occurs during construction . the Town may issue a stop work order suspending and
prohibiting further activity on the property pursuant to the grading. demolition. and/or building permit(s)
(including construction. inspection , and issuance of certificates of occupancy) until a mitigation plan has
been filed with and approved by the Director, agreed to in writing by the property owner(s) or the
applicant(s) or both , and either implemented or guaranteed by the posting of adequate security in the
discretion of the Director. A mitigation plan shall include specific measures for the protection of any
remaining trees on the property, and shall provide for the replacement of each hillside tree that was
removed illegally with a new tree(s) in the same location(s) as those illegally removed tree(s). The
replacement ratio shall be at a greater ratio than that required in accordance with the standards set
forth in Sec. 29 .10.0985 of this division. If the court or the Director directs a replacement tree or trees to
be planted as part of the remedy for the violation , the trees shall be permanently maintained in a good
and healthy condition. The property owner shall execute a five-year written maintenance agreement
with the Town . For those trees on public property, replacement is to be determined by the Director of
Community Development or by the Director of Parks and P!Jblic Works.
b. The violation of any provisions in this division during the conduct by any person of a tree removal ,
landscaping, construction or other business in the Town shall constitute grounds for revocation of any
business license issued to such person.
(4) Civil penalties.
Notwithstanding section 29 .20.950 relating to crim inal penaltv. anv oerson found to have violated
section 29.10 .0965 shall be liable to pay the Town a civil penalty as p rescribed in subsections a. through d.
Page 3 of 4
a. As part of a civil action brought by the Town , a court may assess against any person who
commits , allows, or maintains a violation of any provision of this division a civil penalty in an amount not
to exceed five thousand dollars per violation .
b. Where the violation has resulted in removal of a protected tree. the civil penalty shall be in an
amount not to exceed five thousand dollars per tree unlawfully removed. or the replacement value of
each such tree, whicheve r amount is higher. Such amount shall be payable to the Town and deposited
into the Tree Replacement Fund. Replacement value for the purposes of this section shall be
determined utilizing the most recent edition of the Guide for Plant Appraisal , as prepared by the Council
of Tree and Landscape Appraisers and the Species and Group Class ification Guide published by the
vyestern Chapter of the International Society of Arboriculture .
c. If the court or the Director directs a replacement tree or trees to be planted as part of the remedy
for the violation. the trees shall be permanently maintained in a good and healthy condition. The
property owner shall execute a five year written maintenance agreement with the Town .
d. The cost of enforcing this division , which shall include all costs, staff time , and attorneys' fees.
(5) Injunctive relief. A civil action may be commenced to abate , enjoin, or otherwise compel the cessation
of such violation.
(6) Costs . In any civil action brought pursuant to this division in which the Town prevails, the court shall
award to the Town all costs of investigation and preparation for trial , the costs of tr ial , reasonable
expenses including overhead and administrative costs incurred in prosecuting the action, and
reasonable attorney fees .
(Ord. No. 2114 , §§ I , II , 8-4-03)
Sec. 29 .10.1030. Fees.
The fee , as adopted by Town Resolution , prescribed therefore in the municipal fee schedule shall
accompany the removal or pruning permit application submitted to the Town for review and evaluation pursuant to
this division .
(Ord . No. 2114 , §§I, II , 8-4-03)
Sec. 29.10.1035. Severability.
If any provision of this d ivision or the application thereof to any person or c ircumstance is held to be invalid
by a court of competent jurisdiction , such invalidity shall not affect any other provision of this division which can be
given effect without the invalid provision or application, and to this end the provis ions of this division are declared
to be severable .
(Ord . No. 2114 , §§I , II , 8-4-03)
Sec. 29.10.1040. Notices.
All notices required under this division shall conform to noticing provisions of the applicable Town Code.
Sec. 29.1 0.1045. Appeals.
Any interested person may appeal a decision of the director pursuant to this divis ion in accordance with the
procedures set forth in section 29.20 .260 of the Town Code . All appeals shall comply with the public noticing
provisions of section 29.20.450 of the Town Code.
(Ord. No . 2114 , §§ I , II , 8-4-03 )
Page4of4
TOWNOFLOSGATOS
110 East Main Street, Los Gatos, CA 95030 (408) 354-6874
SUMMARY MINUTES OF A REGULAR MEETING OF THE DEVELOPMENT REVIEW
COMMITTEE OF THE TOWN OF LOS GATOS FORMA Y 3, 2016 HELD IN THE TOWN COUNCIL
CHAMBERS, CIVIC CENTER, 110 EAST MAIN STREET, LOS GATOS , CALIFORNIA.
----------
The meeting was called to order at 10:03 a.m . by Chair Machado .
ATTENDANCE
Members Present:
Joel Paulson, Community Development Director
Tracy Staiger, Fire Department
Michael Machado , Building Official
Ryan Do, Assistant Engineer
PUBLIC HEARINGS
ITEM 1: 16362 Hilow Road
Architecture and Site Application S-16-0 11
Requesting approval to construct a new single-family residence on property zoned
R-1 :8. APN 532-04-082.
PROPERTY OWNER/APPLICANT: Valy Jalalian
PROJECT PLANNER: Susie Pineda
1. Chair Machado opened the public hearing.
2. Staff gave report on proposed project.
3. Applicant was introduced and explained that the following revisions were made:
• The house will be moved 1 0 feet back from the street.
• The second floor windows will be raised to address privacy concerns.
• An eight-foot privacy fence will be built before the start of construction.
• The applicant determined an acceptable haul route for the excavation.
4. Members of the public were present.
Bill and Debra Wagner suggested to move the house back an additional 10 feet. They were
also concerned about the height of the house. The additional property line trees are not
necessary or desirable. They feel an eight-foot privacy fence would be adequate.
J eanne Driedger preferred if the house were kept more towards the street, rather than
constructing a massive house.
Shannon Susick commented that the application should be forwarded to the Planning
Commission because the proposed house is massive and the area is mostly single-story homes.
5. Public hearing closed. EXHIBIT 8
DRC Minutes
May 3, 2016
Page2
6. Joel Paulson moved to continue the public hearing of 16362 Hilow Road to May 17, 2016.
7. Ryan Do seconded, motion passed unanimously.
OTHER BUSINESS
NONE
ADJOURNMENT
Meeting adj ourned at 10:35 a.m. The next regularl y scheduled meeting of the Development Review
Committee is the following Tuesday.
~~.~~~1-' iCh~l Machado, BuildillgOfficial
N:\DEV\DRC\Min 20 16\5-3-16 Mins .doc
TOWN OF LOS GATOS
110 East Main Street, Los Gatos, CA 95030 (408) 354-6874
SUMMARY MINUTES OF A REGULAR MEETING OF THE DEVELOPMENT REVIEW
COMMITTEE OF THE TOWN OF LOS GATOS FORMA Y 17,2016 HELD IN THE TOWN COUNCIL
CHAMBERS , CIVIC CENTER, 110 EAST MAIN STREET, LOS GATOS, CALIFORNIA.
The meeting was called to order at I 0:00 a .m . by Chair Paulson.
ATTENDANCE
Members Present:
Jocelyn Puga, Assistant Planner
Tracy Staiger, Fire Department
Joel Paulson, Community D e velopment Director
Ryan Do, Assistant Engineer
PUBLIC HEARINGS
ITEM 1: 16362 Hilow Road (Continued from May 3, 2016)
Architecture and Site Application S-16-0 11
Requesting approval to construct a new single-family residence on property zoned
R-1 :8. APN 532-04-082.
PROPERTY OWNER/APPLICANT: Valy Jalalian
PROJECT PLANNER: Joel Paulson
I. Chair Paulson opened the public hearing.
2. Staff gave report on proposed project.
3. App licant was introduced.
4. Members of the public were present:
Bill Wagner expressed concerns regarding the proposed height and size of the building.
Debora Wagner expressed concerns regarding the size of the home and cellar and asked that
the size be reduced.
Shannon Susick commented that the home should be a single-story and expressed concerns
regarding the loss of views , mass and scale, neighborhood compatibility, and impacts to the
existing redwood trees. Additionally, she noted that the two-story home next door is screened
by existing landscaping.
Jeanne Driedger expressed concerns regarding water issues and the mass and scale of the
proposed home.
Perry Hariri expressed a concern about the cellar size.
5. Public hearing closed.
6. Jo el Paulson moved to continue the matter to June 7, 2016.
7 . Ryan Do seconded, motion passed unanimously.
EXHIBIT 9
This Page
Intentionally
Left Blank
TOWN OF L OS GATOS
110 East Main Street, Los Gatos, CA 95030 (408) 354-6874
SUMMARY MINUTES OF A REGULAR MEETING OF THE DEVELOPMENT REVIEW
COMMITTEE OF THE TOWN OF LOS GATOS FOR JUNE 7, 2016 HELD IN THE TOWN COUNCIL
CHAMBERS, CNIC CENTER, 110 EAST MAIN STREET, LOS GATOS , CALIFORNIA.
The meeting was called to order at 10 :02 a.m. by Chair Machado .
ATTENDANCE
Members Present:
Joel Paulson, Community Development Director
Julie Linney, Fire Department
Michael Machado, Building Official
Mike Weisz, Associate Civil Engineer
Ryan Do, Assistant Engineer
Sally Zarnowitz, Planning Manager
Tracy Staiger, Fire Department
PUBLIC HEARINGS
ITEM 1 : 16362 Hilow Road (Continued from May 17, 2016)
Architecture and Site Application S-16-011
Requesting approval to construct a new single-family residence on property zoned
R-1:8. APN 532-04-082.
PROPERTY OWNER/APPLICANT: Valy Jalalian
PROJECT PLANNER: Joel Paulson
1. Chair Machado opened the public hearing.
2. Staff gave report on proposed project.
3. Applicant was introduced and explained that the following revisions were made:
• The overall maximum height was lowered by two feet to 26 feet.
• The cellar area was reduced by 1300 square feet.
• The Grading Plan was reviewed by the Civil Engineer to ensure positive drainage .
4. Members of the public were present.
5.
6.
Bill and Debra Wagner expressed that there were positive improvements in the project. They
prefer if there were no trees along the north property line and hope that construction will be
carefully monitored.
Public hearing closed.
Tracy Staiger moved to approve the application subject to the conditions presented with the
following findings and considerations:
EXHIBIT 1 0
DRC Minutes
June 7, 2016
P age2
Required finding for CEQA:
FINDINGS
The project is Categorically Exempt pursuant to the adopted Guidelines for the Implementation
of the California Environmental Quality Act, Section 15303: New Construction or Conversion of
Small Structures.
Required Compliance with the Residential Design Guidelines:
The project complies with the Residential Design Guidelines for single-family homes not in
hillside residential areas.
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.
7 . Ryan Do seconded, motion passed unanimously.
8. Appeal rights were cited .
OTHER BUSINESS
NONE
ADJOURNMENT
M eeting adjourned at 10:17 a.m. The next regularly scheduled meeting of the Development Review
Committee is the following Tuesday.
~Avt,•d~~r"
MiCh'&el Machado , Building Official
N :\DEV\DRC\Min 2016\6-7-16 Mins.doc
April28, 2016
Development Review Committee
Town of Los Gatos
110 East Main St.
Los Gatos CA 95030
(
We have lived at 16374 Hilow Road for over 20 years , adjacent to 16362 Hilow Road (APN
532-04-082) for which Architecture and Site Application S-16-011 is scheduled to be heard by
the Development Review Committee on May 3.
We have reviewed the plans on file in the Community Development Department and are
generally quite pleased that this residence is finally being reconstructed . Over the last two
decades, we have invested significantly in improving and maintaining our property and it is great
to see that this neighboring property will finally become an asset, not a detriment, to the
neighborhood.
However there are a number of concerns that we would like addressed at the DRC meeting, in
order to mitigate negative impacts on the neighborhood.
The proposed house is very large and very tall for the neighborhood. It is substantially larger
and taller than the existing residences in the immediate neighborhood, which, except for one
neighbor, remain single-story houses. Based upon the recently installed story poles, the
proposed house appears to be almost 15 feet taller than our house. See the photo below which
was taken looking north across our front yard.
EXHIBIT 11
We request that the DRC include the following requirements in any approval of this application:
• Increase the front yard setback by at least 10 feet, moving the house further away from
the street to reduce the visual impact from our front yard and to northbound drivers on
Hilow Road . This change may also help protect the mature redwood trees over 60 years
old that must remain .
• Reduce floor to ceiling heights on all levels to no more than 9 feet.
• Require that the developer construct an 8-foot high privacy fence along our common
property line at his cost. The fence should be installed prior to any other construction to
help mitigate construction-related impacts and provide security. Grant a variance that the
8-foot fence height be allowed to within 15 feet from the street right-of-way line similar to
the existing fence.
• Require the exterior lights and second-story windows be designed to not shine into our
master bedroom located at the northerly rear comer of our house .
We are also concerned about the size and depth of the proposed basement. The basement
finish floor is approximately 12 feet below existing grade and excavation for foundations and
proposed sub-drains are shown on the plans extending as much is 15 feet below grade. These
excavations will probably be within 6 feet from our property line and approximately 15 feet from
our conventional stem-wall foundation .
In the Hilow Road area, groundwater levels have historically been very shallow and confined
above an impervious layer. Other residences on Hilow Road that have attempted to construct
basements have experienced problems. The attached letter from a long time resident of Hilow
Road summarizes some of those issues . During construction of one of the houses described in
this letter, groundwater was continuously pumped into the street for months. In the last few
years we have also experienced increased cracking around doors and windows of our house,
which is most likely related to ground movement due to clay soils and lowered groundwater
levels due to the drought.
We request that the following conditi~~s be included in any DRC ~pproval:
• Prior to issuance of a building permit, require excavation and shoring to be designed by
registered civil engineer experienced with shoring systems . Require weekly monitoring
of shoring systems within 20 feet of adjacent properties to detect any differential
movement such that damage to adjacent properties can be checked early.
• Prior to issuance of a building permit, require additional analysis of the short-term and
long-term effects of the deep sub-drains and pumping of surface runoff and groundwater
to the proposed pit in the backyard. Consider effects upon adjacent foundations, trees
and vegetation. Require that the basement be fully waterproofed, and that deep sub-
drains around the exterior of the basement and long-term groundwater pumping are not
included in the project.
• Prior to issuance of a building permit, require submittal of a truck haul route plan
showing how removal of as much as 1500 cubic yards of excavated material will be
handled with minimum impact to the neighborhood and to local traffic.
..
Bill and Debbie Wagner
16374 Hilow Road
Los Gatos, CA 95032
RE: 16425 Hilow Road, Los Gatos
Dear Bill and Debbie,
,..
(
Donna S. Brewster
P.O. Box 1475
Pinecrest, CA 95364
I understand the new house to be constructed next door to yours may be built with a
basement
Since our house down the street from you has two houses, both with basements,
side by side to the south of it, I wanted to let you know of a couple of issues we have
noticed since those two houses were built approximately ten years ago.
We have lived on the street since 1990, so we understand the water table under our
house is very high, even in the summer. When we built the house, we worked with a
soil engineer to ensure our foundation was appropriate for the soil type and amount
of underground water.
After the two houses to our south were built with basements, we began to notice the
soil in our own backyard was much drier than it had been over the years we had
lived in the house. This has required us to do significantly more watering, especially
deep watering of our trees, to make sure they didn't die from lack of water. During
the drought years, this has been especially pronounced. Apparently, the pumps and
drains installed to keep the basements dry have drained the water away from our
property, leaving it much drier.
There also seems to be some sort of dehumidifier installed in at least one of the
houses that runs periodically. It is quite loud and sounds like an airplane motor.
There doesn't seem to be a schedule for this dehumidifier I fan to run, but I have
heard it clearly in my backyard off and on for the past ten years.
Please let me know if you need any additional detail.
Best regards,
Donna Brewster
And last but not least:
• Require and enforce strict compliance with the Town's construction work hour
requirements. During demolition in the last month, there have already been three
mornings when noisy construction operations began as early as 7 AM.
Please contact us if you have any questions.
Sincerely
Bill and Debbie Wagner
16374 Hilow Road,
Los Gatos 95032
Joel Paulson
From:
Sent:
To:
Subject:
Dear Mr. Paulson,
J DRIEDGER <jddriedger@gmail.com >
Thursday, May 12, 2016 3:27 PM
Joel Paulson; ssusick@comcast.net
16362 Hilow Road , Los Gatos, CA
Our concern is the proposed house on 16362 Hilow Road , Los Gatos, Ca. This property share s approximately
twenty-two feet with our back property line. We have owned this property at 16359 Shady View Lane for over
forty years and are aware of the water issues on our adjoining properties. The UPP Geotechnology report, dated
22 April, 2016 states the tests were done in December, 2015 , prior to the effects of El Nino , or a normal rain
year. The report states they drilled 14 .5 feet before finding water. On May 5th Mr. Valy Jalal ian visited my
property and we discussed his proposed construction. My neighbors Jim and Missy Fox attended th e meeting
and the subsequent walk over to and around the property on Hilow with Mr. Jalalian.
At the time of our visit to 16362 Hilow Road, there was standing water in the overflow tank on the North East
side of the property. This tank is a mystery as to its original purpose, but does show some of the water
concerns. The two tanks in the back portion of the property suggest previous water issues with 16362 Hi low
Road . Neighborhood homes with basements have had issues with excess water needing to be drained from
them.
In the four plus decades we have lived behind this property there has been excess water at the back o f the
properties. At one time the original owners had a pond in the yard which attracted frogs , which w ere quite
vocal , as well as mosquitoes . Our property has had movement due to drought and then rain in the back
area. We have also dug down a couple of feet and found water during the winter of2014, a drought year.
All of that information is to inform you of a history of water in the underground area which could easily
represent problems for the proposed 3000 square foot basement, as well as drainage from the surrounding
properties.
Other concerns expressed to Mr Jalalian are the possible harvesting of the Redwood tree he plans to have
removed. Harvest the wood rather than have it chopped into bark bits. The original houses in this area were
built with Redwood 2 x 4s, it would be great to give back and not waste this fine tree .
The si ze of the house does not fit the neighborhood in a land to house ratio which brings up the concern of sale-
ability. Look into the Los Gatos Times on a weekly basis and see that most of the houses in the price range and
size have far more property with them. Why would anyone want to pay the same price for less privacy, less
property, less cohesiveness with neighbors ?
There is no escape route for anyone in the basement in case of an Earthquake or fire. The only exit/entrance is
through the central stairway. This is a danger which the plans have not addressed .
We would like to see the plans remove the si z e of the basement to less than half of the current plans, and that
size be placed in the front part of the house where the drainage would be managed to the street and not take, nor
deposit, from the back of the lot.
1
Thank you for considering this when looking at the proposal.
Jeanne Driedger
Peter Dudley
16359 Shady View Lane.
Los Gatos, CA 95032
2
r""'
Joel Paulson
From: Shannon Susick <ssusick@comcast.net>
Friday, May 13, 2016 1:49 PM Sent:
To: Joel Paulson
Subject: 16362 Hilow Road
Attachments: hilow1Jpg; hilow2Jpg; hilow3Jpg; hilow4Jpg
Good Morning,
Please deny the proposed application S-16-011 that is for new residential construction for the address captioned above
or continue the application to be reviewed in a full hearing by the Planning Commission .
1. The proposed application does not conform to the immediate neighborhood and will impact views, privacy,
infrastructure of the town and schools due to the mass & scale of the above and below grade construction
(please see attached photos .)
a. The homes in the surrounding block are all single level homes, except the neighbor to the left at 16350
Hilow, which due to reduced height and architecture, established trees & landscaping has minimal
visibility from the street or neighboring homes. (hilow3)
b . The number of proposed bedrooms and overall Gross Living Area is out of proportion with the
surrounding neighborhood.
c. The height, despite conforming to the 30ft. maximum will destroy any views for homes to the east on
Hilow and to the west for homes on Shady View Lane .
d . The requested tree removal will void this site of any established trees and buffer and destroy the hab itat
for re sident screech and Great Horned Owls and other wildlife
2. The cellar is massive and effectively doubles the size of the living space, whether included in the Floor Area Ratio
or not; allowing for multiple families to reside in an area zoned Single Family Residential.
a. The General Plan (Resolution 2002 -167) states "the use of basements and cellars to provide hidden
square footage in -lieu of above ground visible mass Policy L.P 2.1)"; in-lieu of NOT in addition to-s ee 1a
above .
b . The construction of the propose d cellar with engineering that will purportedly resolve well known water
table issues in this neighborhood will adversely impact the surrounding neighbors with potential
damage and destruction to established tree roots and landscaping in addition to the time and noise
obsolescence during the construction period.
While ma xim um restrictions and guidelines may have been adhered to with this application, they are ma x imums. The
impact is excessive and needs to be addressed by reducing the height of the dwelling, increasing the setback s, removing
the ce ll ar or the 2n d above grade story, reducing the combined above and below grade liv ing space, bedrooms, review of
tree removal and new studies on th e geo logy and water table s.
The size and scope of this project application nec ess itates a full hearing before the Planning Commission .
Thank you for your time,
Shannon Susick
{qos) 316-9559
1
Joel Paulson
From:
Sent:
To:
Subject:
Dear Joel (Planning Director),
(
Whitney Halladay <whitney.halladay@gmail.com>
Sunday, May 15, 2016 6:47 PM
Joel Paulson; Jason Halladay
Hilow House construction -16362 Hilow Road , Los Gatos
We are writing you in regard to the proposed house construction at 16362 Hilow Road. My husband and I live
3 houses from this project and are in favor of this project moving forward. We believe this will be a wonderful
addition to our street and like the design of this house. Please keep this email on record of our support for this
project.
Kind regard s, Whitney and Jason Halladay (residents of 16400 Hilow Road , LG)
1
( (
Development Review Committee 17 May 2016
Council Chambers RE: APN 532-04-082
110 E Main Street Los Gatos 16362 HILOW RD
Joel Paulson, Planning Director
Thank you for your time in reviewing and communicating with interested parties with
Regard to the development of this property. We continue to express concern with the
Excess ive si ze of this project. The 3000sq foot basement constitutes another dwelling.
It basically allows for two homes to be built on a single property, which basically ignores
the dwelling to land size r atios. Th i s i s not an issue to be taken lightly as it will change the
neighborhood going forwa r d. Once the extensive basement is approved there is no recourse .
Please rev iew other properties on this street that had basements approved.
The highly problematic property at 16439 Hi low, which was built improperly caus ing water to run down
the gutters for 11/2 year before the town addressed the issue, on ly has a 1000sq foot basement . This
property has already fallen in value 6% since it sold in 2008.
People are becoming more energy conscious, not wanting to maintain & provide energy for such a large
SINGLE home. To allow such a large structure this opens the door to havi ng bas ically a duplex on a single
property for multiple family dwellings.
A developer can still make enough money for a SINGLE f amily home without the added expense of
building a basement.
We ask you to consider the effects of such an excessive structure. Many people wal king by have
commented on how l arge and close to the street the proposed house is.
When the proj ect goes forward plea se include the previous ly discussed issues :
1.8" Privacy fence to be built on our Nort h side at the developers cost w ith no add itional trees to be
planted on that side
2. Ai r conditioning unit to be positioned on the North side of the proposed property
3. Height to be lowered an add itional Y2 foot from existi ng plans
4 . If Basement is allowed, shoring and pump ing is closely monitored by the Town
Bill and Debora Wagner-16374 Hilow Rd. Los Gatos
Public Records for 16439 Hilow Road
Taxable Value
Land $1,964,800
Additions $1,021,200
Total $2,986,000
Taxes (2014)
$30,764
Basic Unfo
Beds 5
Baths 4
Floors 2
Year Built 2007
Year Renovated 2007
'. Style Singl.e Family Residential '
Finished Sq . Ft. . 4,233
Unfinished Sq . Ft. 1,047
Total Sq. Ft. 5,280
Lot Size 10,669
16397 Hilow Rd , Los Gatos, ,_. \ 95032 - 5 beds 4 baths home details ·· ··~altor.com® Page 4 of8
C!l l/1
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UPP GEOTECHNOLOGY
Engineering Geology • Geotechnical Engineering
Mr. Valy Jalalian
140 Clover Way
Los Gatos, CA 95032
( .
a division of C2 EARTH, INC.
22 April 20 I6
Document I d. I5I85C-O I L 1
Serial No. I7578
SUBJECT: SUPPLEMENTAL GEOTECHNICAL INFORMATION
PROPOSED RESIDENTIAL REDEVELOPMENT
JALALIAN PROPERTY
16362 HILOW ROAD
LOS GATOS, CALIFORNIA
Dear Mr. Jalalian:
As you requested, we are providing the following supplemental geotechnical information
regarding the proposed residential development of your property at 16362 Hilow Road in Los
Gatos, California. We previously conducted a geologic and geotechnical study for the project,
and presented the results of that study in our report dated 3 February 20I6 (Document ld.
I5I85C-O I R I). We understand that concerns have been raised regarding the proposed
construction with respect to groundwater levels .
During our study, we encountered stabilized groundwater beneath the property at a depth of
about I4Yl feet. The proposed residence will have a basement and we do not anticipate that the
basement excavation will extend to this depth.
Our observations of the stabilized groundwater levels were made during the rainy season. It is
likely that groundwater levels will be lower during the dry season. Because the groundwater
levels fluctuate and are expected to be deeper than the proposed basement excavation, it is
unlikely that temporary pumping will be necessary. In the event that pumping is needed, it is our
professional opinion that the risk of ground surface settlement in the site vicinity due to
subsidence will be negligible, provided that the pumping does not lower the groundwater by
more than a couple feet below the stabilized groundwater levels we observed.
For the long-term constructed condition, the basement retaining walls are being designed as fully
waterproofed retaining walls capable of withstanding hydrostatic pressures from elevated
groundwater. No backdrain system is planned behind the walls , and no pumping will be
performed. Therefore , the groundwater level will be permitted to seasonally fluctuate naturally,
and the residence will impart no effect on the surrounding groundwater.
Given the above, in our professional opinion, there is a negligible risk that natural groundwater
fluctuations or pumping associated with construction of the proposed improvements would
adversely affect the site vicinity or adjacent parcels .
EXHIBIT 1 2
Copyright -C2Earlh, In c.
40o 866 !'>4sn (o) 1 86(, S-'·1 0&24 (I) 1 /!,(1 CztNh::n /\vf Swte /'> •• CamJjiJell CA !-15008 1 C2@C2E ?ri h co·n 1 \'!\'.'IV C:?f-c:rlh com
Project Name: Jalalian
22 April 2016
Document ld. 15185C-01 L 1
Page 2 o f 2
UPP GEOTECHNOLOGY
a division of C2 EARTH, INC.
We appreciate the opportunity to assist you with this project. If you have any questions, please
contact us.
Sincerely yours ,
Upp Geotechnology
a di · sion of C2Earth, Inc .
f£(__
Christopher R. Hundemer, Principal
Certified Engineering Geologist 2314
Certified Hydrogeologist 882 THis oocuMENT HAs
BEEN DIGITALLY SIGNED
Distribution : Addressee (3 picked up and via e-mail to valy@mancosys .com)
This d~nt is protected under Federal Copyright Laws. Unauthorized use or copying of this document by anyone other dum the clielll(s) is
strictly prohibited. Con/Qct C2Earth, Inc. for "APPUCATION TO USE."
Copyright-C2Earth , Inc.
408 o66 !>436 (o) 1 b6G &41 6824 (f) i 7!>0 Camden Ave, Suite A CampbelL CA 9500& I C2@C21:arth com I www C21:arth com
('
Response to Shannon Susick email May 13, 2016 for 16362 Hi low rd.
1. The proposed application does not conform to the immediate neighborhood and will impact
views, privacy, infrastructure of the town and schools due to the mass & scale of the above and
below grade construction (please see attached photos.)
a. The homes in the surrounding block are all single level homes, except the neighbor to
the left at 16350 Hilow, which due to reduced height and architecture, established trees
& landscaping has minimal visibility from the street or neighboring homes. (hilow3)
There is no data that supports this assertion, and the information provided is
inaccurate. The APN map included in the plan submitted on Friday shows many two
story homes on Hi/ow, and in the surrounding neighborhood. Some of these homes
are over 4,200 square feet, but reflect an average square footage of greater than
3,000 square feet. The neighbor to the left at 16350 Hi/ow is not the only 2 two story
home in the neighborhood, but it is one of the 9 homes on Hi/ow with a height greater
than the proposed application.
b. The number of proposed bedrooms and overall Gross Living Area is out of proportion
with the surrounding neighborhood .
The number of bedrooms is comparable to most two story homes with over 3000
square feet in the neighborhood. There are 13 two story homes in Shady View lane
ranging from 4,362 square feet to 3000 square feet. There 6 out of 13 are 5 bedrooms
and 4 out of 13 are 4 bedrooms and rest is 3 bedrooms. There are 9 two story homes in
Hi/ow Rd ranging from 5,600 square feet to 3000 square feet. 3 out of 9 are 5
bedrooms and reaming 6 are 4 bed rooms.
c. The height, despite conforming to the 30ft. maximum will destroy any views for homes
to the east on Hilow and to the west for homes on Shady View Lane .
The height of the proposed property is 26 Ji feet which is lower than the height of the
neighbor to the left at 16350 Hi/ow. In fact, over 40% of homes on Shady View Lane
are both two story residential homes and are equal or greater in height. The APN map
included in the plan submitted on Friday identifies the two story homes on Shady View
Lane. Copy of map is included
EXHIBIT 1 3
d. The requested tree removal will void this site of any established trees and buffer and
destroy the habitat for resident scree ch and Great Horned Owls and other wildlife
The removal of the redwood tree has been given thoughtful consideration. Out of the
6 redwood trees currently on the property, only one redwood tree is intended to be
removed. The removal, therefore, will not deplete the residence of established trees .
The redwood tree that will be removed has been continually cut from the top by PG&E,
and only half of the tree currently remains. Additionally, the redwood tree is directly
above the sewer line where the clean outs are on both sides of the tree; further growth
will eventually damage and block the sewer line if left unaddressed. Furthermore, if
the tree is not removed, it will inevitably be on the path of the new underground PG&E
electrical service. If these issues were not pressing, we would have loved to have kept
the redwood tree. The arborist that was consulted also recommended that the tree be
removed.
2. The cellar is massive and effectively doubles the size of the living space, whether included in the
Floor Area Ratio or not; allowing for multiple families to reside in an area zoned Single Family
Residential.
a . The General Plan (Resolution 2002-167) states "the use of basements and cellars to
provide hidden square footage in-lieu of above ground visible mass Policy L.P 2.1)"; in -
lieu of NOT in addition to-see 1a above .
No comment.
b. The construction of the proposed cellar with engineering that will purportedly resolve
well known water table issues in this neighborhood will adversely impact the
surrounding neighbors with potential damage and destruction to established tree roots
and landscaping in addition to the time and noise obsolescence during the construction
period.
I refer to professional opinion of UPP Geotechnology reported April 22, 2016 in
document ID 15185C-01Ll Serial No. 17578.
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Response to Mrs. J Driedger's email May 12,2016 16362 Bilow Rd application
At the time of our visit to 16362 Hilow Road, there was standing water in the ov erflow tank on
the North East side of the property. Thi s tank is a mystery as t o its original purpose, but does
show some of the water concerns. The two tanks in the back portion of the property suggest
previous water issues with 16362 Hilow Road . Neighborhood h omes with basements have had
issues with excess water needing to be drained from them.
T hi s i s not a m ys tery; thi s is a solid bucket a co nugated bl ack pipe 18 .. (w) X 24 " (H) detenti o n
b asin left fr om previo us s tru cture . T he roo f down-spo ut was connected via 4 .. drain p ipe to this
so lid bucket 20' away fro m f ound ation of th e house. When th e house was demo li shed the b ucket
was no t removed a nd th eref ore co ll ec tin g water fr om las t st01m. Since this was a so li d bucket 2-
4 ··of rain water was visibl e during th eir vis it .
In the four plus decades we have lived behind this property there has been excess water at the
back of the properties. At one time the original owners had a pond in the yard which attracted
frogs , which were quite vocal, as well as mosquitoes. Our property has had movement due to
drought and then rain in the back area . We have also dug down a couple of feet and found water
during the winter of2014, a drought year.
All of that information is to inform you of a history of water in the underground area which
could easily represent problems for the proposed 3000 square foot basement, as well as drainage
from the surrounding properties.
I refer to professional opinion of UPP Geotechnology reported Apri/22, 2016 in document ID
15185C-01Ll Serial No. 17578; attached is a copy of the report.
Other concerns expressed to Mr. Jalalian are the possible harvesting of the Redwood tree he
plans to have removed. Harvest the wood rather than have it chopped into bark bits. The
original houses in this area were built with Redwood 2 x 4s, it would be great to give back and
not waste this fine tree.
I am completely in favor of harvesting of the R edwoo d tre es. 1 f I deci ded to rem ove th e tree 1
wo uld d efi nit ely look into harvestin g it.
The size of the house does not fit the neighborhood in a land to house ratio which brings up the
concern of sale-ability. Look into the Los Gatos Times on a weekl y basis and see that most of
the houses in the price range and size have far more property with them. Why would anyone
want to pay the same price for less privacy, les s property, less co hesiveness with neighbors ?
More than 40% homes in the neighborhood are two story homes. The size of the house is compatible
in size and land with two story homes in neighborhood of equal land. The land to house rati o is
defined as floor area ratio set by town of Los Gatos which is different size for each land. We have
followed the same guidelines.
There is no escape route for anyone in the basement in case of an Earthquake or fire. The only
exit/entrance is through the central stairway. This is a danger which the plans have not
addressed.
It has been addressed in the plan. The plan shows the stair case in the cellar.
We would like to see the plans remove the size of the basement to less than half of the current
plans and that size be placed in the front part of the house where the drainage would be managed
to the street and not take, nor deposit, from the back of the lot.
Neither the size of cellar nor the location within the site has any bearing on drainage. No Underground
water will be pumped out. See UPP Geotechno/ogy report. Town of Los Gatos code does not allow
drainage to the street. We have drainage plan that has been approved by public work engineering
department.
Joel Paulson May 27, 2016
Town of Los Gatos Planning Department
110 E. Main St .
Los Gatos, California 95031
Joel,
Enclosed is our submittal ofthe 16362 Hilow Rd Architecture and Site application S-16 -011. Included i n
this submittal is:
• 1 full-sized sets of the Architecture and Site, grading and drainage plan
• Notes from the meeting with neighbors
In addition to the above, below are changes made to the plan :
•Reduced the height to 26' and pitch to 4 :12
•Removed half of the cellar with new square footage of 1800 square feet.
• Removed tree numbers 6.
Please let us know if you have any questions.
Sincerely,
Valy Jalalian
EXHIB IT 1 4
(,
In attendance:
Notes from meeting regrading 16362 Hilow Road
Coldwell Banker Off ice
Monday May 23,2016 6:30pm
Valy Jalalian, Developer, Project Manager
Daryl Fazekas, Architect
Mike Brown, Realtor
William and Debbie Wagner, neighbor
Jim Fox (representing Jeanne Driedger), neighbor
1 . Bill and Debbie Wagner expressed their concerns about the size and scope
of the project. Including the large cellar size which might attract a multiple
family dwelling situation.
2. Jim reiterated Jeanne's concerns regarding the water table and possible drainage
issues into her property from the back.
3 . Valy presented to the group the new edits made to the plans including a 1300
sq. ft. reduction in the cellar. The removed cellar area is on the Southwest side of the
home. Also the height of the project has been reduced to 26.5 ft. at the highest point.
4. Mike addressed Debbie's concerns about the neighborhood and possible
multi-family dwellings explaining the unlikely scenario of this ever happening
in this location .
5. Daryl and Valy addressed the water concerns showing how the water will flow in
the back yard drywell and any over flow will be handled with a back flow preventer
which will take any access water to the front.
6. All parties seemed satisfied with the proposed changes and noted the project is
ready to move forward.
Notes: Shannon Susick and Jeanne Dridger both sent email communication that
they were not able to attend the meeting . Following the meeting Valy also spoke to
other neighbor Mr. & Mrs. Hariri about reduction in cellar. They were pleased with
our decision since this was their only concern. They said they will be in our next
meeting & will support us .
(
TOWN O F LOS GATOS
COMMUNITY DEVELOPMENT DEPARTMENT
110 E. Main Street
Los Gatos, CA 95030
APPEAL OF THE DECISION OF
DIRECTOR OF COMMUNITY DEVELOPMENT
OR
DEVELOPMENT REVIEW COMMITTEE
PLEASE TYPE or PRINT NEATLY
I, the undersi gned, do hereby appeal a decision of the COMMUNITY DEVELOPMENT
DEPARTMENT/DIRECTOR OF COMMUNITY DEVELOPMENT OR DEVELOPMENT REVIEW
COMMITTEE as follows:
DATE OF DECISION:
PROJECT/APPLICATION:
LOCATION:
LIST REASONS WHY THE APPEAL SHOULD BE GRANTED:
fiUH. 'itt tlk Ll\tJ ~ •NmW
(If more space is needed, attach add iti onal sheets.)
IMPORTANT:
l7Z2..J .-
TOWN OF LOS GATO S
1 . APPEAL MUST BE FILED WITHIN TEN (10) DAYS AFTER THE DATE OF MAILING OF WRITTEN
NOTIFICATION OF THE DECISION.
2 . THE APPEAL SHALL BE SET FOR THE FIRST REGULAR MEETING OF THE PLANNING
COMMISSION WHICH THE BUSINESS OF THE PLANNING COMMISSION WILL PERMIT, MORE
THAN FIVE (5) DAYS AFTER THE DATE OF THE FILING OF T HE APP EAL. THE PLANNING
COMMISSION MAY HEAR THE MATTER ANEW AND RENDER A NEW DECISION IN THE MA TIER.
3 . YOU WILL BE NOTIFIED, IN WRITING, OF THE APPEAL DATE.
4 . CONTACT THE PROJECT PLANNER TO DETERMINE WHAT MATE RIAL IS REQUIRED TO BE
SUBMITTED FOR THE PUBLIC HEARING.
RETURN APPEAL FORM TO COMMUNITY DEVELOPMEN
PRINTNAME Sh~t rnJ 'Su~;&t
~ Ill-1 ADDREss 1/Ao! ShM-11 JW ~
~~*~~*~******~*~ *~*~*J~f1******************************~~*/J:;~*~****:~**:~:::******
DATE
DATE OF PLANNING COMM I SS ION HEARJ NG:
COMM I SS ION ACTION: I .
2 .
3.
PLAPPEAL
PLAPPEAL
PLAPPEAL
N :\DEV1 FORMS1Pianningl20 15-16 Fonns\A ppeal CDD-DRC.dcx:x
OFFICE USE ONLY
DATE:---------
DATE:---------
DATE:---------
$ 18 1.00 Res identi a l
$ 725.00 Commercial
$ 74.00 Tree Appeal s EXHIBIT 1 5-
ADDRESS STORIES TOWN /COUNTY BASEMENT GLA BED/BATH SITE YEAR BUILT/REMODEL
16300 HILOW 1 COUNTY NO 1680 SF 3 B/2 BA 9490 SF 1952
16386 SHANNON 1 TOWN NO 1723 SF 4 B/2.1 BA 7519 SF 1953
16338 HILOW 1 COUNTY NO 208 1 SF 4 B/2.0 BA 9891 SF 1955/1990
16350 HILOW 2 COUNTY UNKNOWN 2985 SF 4 B/3.1 BA 11779 SF 2005
16362 HILOW*** 1 COUNTY NO 1056 SF 3 B/1 BA 12300 SF 1952
16374 HILOW 1 COUNTY NO 3584 SF 5 B/3 BA 11775 SF 19S6
16386 HILO W*** 1 COUNTY NO 1056 SF 3 B/1 BA 11850 SF 1954
16400 HILOW *** 1 COUNTY NO 2200 SF 3 B/2 BA 11850 SF 19S9
16414 HI LOW 1 COUNTY NO 2579 SF 3 B/3.1 BA 12300 SF 19S3
16428 HILOW 2 COUNTY NO 3099 SF 4 B/3 BA 12750 SF 1988
16425 HILO W 2 COUNTY NO 3068 SF 4 B/3.1 BA 10875 SF 1992
16411 HILO W 1 COUNTY NO 2534 SF 3 B/2.1 BA 11400 SF 1950/1990 ~ 16397 HILOW 1 COUNTY NO 3330 SF 5 B/3.1 BA 11700 SF 2012
16383 HILOW 1 COUNTY NO 2339 SF 4B/2BA 12300 SF 19S1
16369 HILOW 1 COUNTY NO 1056 SF 3 B/1 BA 10626 SF 1951
16357 HILOW 1 COUNTY NO 2106 SF 4 B/1.1 BA 9906 SF 1954
16341 HILOW 1 COUNTY NO 1380 SF 3 B/1.1 BA 9438 SF 1954
16341 SHADY VIEW 2 COUNTY NO 2232 SF 3 B/2.1 BA 8723 SF 19S3
16419 SHADY VIEW 1 COUNTY NO 1480 SF 3 B/1.1 BA 8760 SF 1953
16407 SHADY VIEW 1 COUNTY NO 1462 SF 3 B/2 BA 8640 SF 1952
16395 SHADY VI EW 2 COUNTY NO 4206 SF 4 B/4.1 BA 8400 SF 2005
16383 SHADY VIEW 1 COUNTY NO 2141 SF 3 B/3 BA 8220 SF 1953/2005
16371 SHADY VIEW 1 COUNTY NO 1300 SF 3 B/1 BA 8379 SF 1953
16359 SHADY VIEW 1 COUNTY NO 1285 SF 3 B/1.1 BA 8901 SF 1953
16347 SHADY VIEW 2 COUNTY NO 2577 SF 3 B/3 BA 8820 SF 1969/1995
16337 SHADY VIEW 1 COUNTY NO 2836 SF 4 B/3.1 BA 8563 SF 2006
16370 SHANNON RD 2 COUNTY NO 3957 SF 5 B/4.1 BA 8120 SF 1952/2008
16442 HILOW 2 TOWN? NO *** UNKNOWN 11357 SF 20 15
16456 HILOW 2 COUNTY NO 3487 SF 5 B/4.0 BA 11524 SF 1956/1980 l
16466 HILOW 1 COUNTY NO 1455 SF 2 B/1.1 BA 11524 SF 1956
16478 HILOW 1 COUNTY NO 1368 SF 4 B/2.0 BA 11524 SF 1956
16496 HILOW 2 COUNTY NO 2747 SF 4 B/3.0 BA 11109 SF 1991
16530 HILOW 2 COUNTY NO 4081 SF 4 B/3.1 BA 13549 SF 2010
16505 HILOW 2 COUNTY NO *** 2 B/1.0 BA 20592 SF 1950
16491 HILOW 1 COUNTY NO 1152 SF 2 B/1.0 BA 13224 SF 1951
16477 HILOW 1 COUNTY NO 960 SF 2 B/1.0 BA 10725 SF 19S1
16465 HILOW 2 COUNTY PTL 3316 SF 4 B/3.1 BA 10661 SF 2004
..-.
(
Wednesday, June 15, 2016
Town of Los Gatos
Community Development Department
110 E Main Street
Los Gatos , CA 95030
Re: Project/Application S-16-011
16362 Hilow Road
Appeal of the Deci sio n of the Development Review Comm ittee
Please find the following reasons why the approval decision made by the DRC on 6/7/2016 is being
appealed with a request for a full hearing by the Planning Comm issio n .
1. The architecture and site plan s by the developer for this parcel do not conform to the
neighborhood and are a misuse of the cellar/basement policy by the Town of Los Gatos
a. Please see the attached document gathered from public records (1 '1 American Real
Estate/Realquest) regarding the subject street from Shannon Road to Topping with the
following data:
i. 37 homes are included (including a portion of Shady View Lane that backs to the
impactful project)
1. Of these 37 homes 13 homes are 2 stories; the remainder are 1 story;
approximately 70% are single story.
2. In the direct area surrounding 1632 Hilow Road (from 16300-16341), 17
homes, there are only 3 2 story homes; approximately 16%.
3. Public records are not entirely correct or updated for several of the
parcels, but it is believed that 3 of the 37 have part ial basements.
ii. Th e cellar policy for the Town of Los Gatos per the General Plan states that
cellars are to be encouraged "in lieu of visible mass" not in addition to.
1. While the developer reduced the cellar portion of the plans; it is still
significant in terms of square footage (1800 SF) and the location at the
northern portion of the site with excavation will undoubtedly destroy
protected, established Redwood Trees that provide the only remaining
foliage on the site.
2. The 1800 SF of cellar sp ace is greater than many of the dwellings on the
impacted streets (see attached). 14 homes have less than 1800 sf of
Gro ss Living Area (GLA); approximately 38%.
iii. The plans have been reviewed multiple times by the DRC, with minor
adjustments made to height, but none to the side setbacks and with no major
reduction of bulk and mass above grade.
iv. Th e "ce llar" area includes bedroom(s), bathrooms, living area an d potential
kitchen and other space encourages multiple families and generations with
additional impact on the Town's infrastructure and services. Schools, due to
lack of authority by the Town are not include d in this appeal.
2. The To wn's re sidential design guidelines are maximums ; not minimum re quire ments.
a. Section 1.4 of the residential desig n guidelines states the community expectations
which this application doe s not m ee t;
i. "Homes will respect the scale and character of the ir immediate neighborhoods."
b. General Design Principles (p .ll_) state:
i. Design to blend into the neighborhood rather than stand out
ii. Relate a structure's size and bulk to those in the immediate neighborhood
iii. Design structures to be energy and water efficient and which take maximum
advantage of renewable energy resources
1. With over 3400 SF above grade, plus a 900 sf garage and with 1800 SF
below grade this project will be one of the largest in the immediate
neighborhood, standing out, not in relation to the neighborhood and
with impact on water, electricity & other resources.
c. While the above captioned application is within the basic guidelines, the mass and bulk
above grade are not within the overall appeal and character of the Neighborhood.
i. The developer and architect referenced at one of the DRC meetings that there
are numerous homes on this street and Shady View Lane that have floor areas
comparable or larger, however it must be noted that the majority of these
except one (16442 Hi low Rd) were built prior to 2015 and with oversight by the
county not the Town.
1. County requirements are minimal and allow construction to the
setbacks with no design guidelines as demonstrated by homes on both
Hi Low and Shady View Lane.
3. The Town, staff and Planning Commission must look at each project individually, however it is
imperative that each application be also be viewed as part of the entire neighborhood and the
Town; we are a built out town with the exception of a few larger parcels-the stress on our
infrastructure and destruction of views, privacy, open space can NOT be emphasized enough.
a. There are two other parcels on the subject portion of Hi Low and on the same side of the
street that are slated for development including a current application at 16386 Hi Low
road (S-16-038) and 16400 HiLow (no application yet).
b. Precedence is often cited by developers and residents; in this application there are
numerous parcels that will be affected by this decision.
c. The cumulative effect of building to the maximums allowed on these 3 parcels
combined will adversely impact the neighbors in terms of privacy, views and solar access
(1.4 of RDG; community expectations .)
4 . The Town and staff are under no obligation to maximize a developer's bottom line or ensure
that any project is profitable for them . The Town and staff must protect the residents and
safeguard the guidelines, General Plan and all policies.
5. A recommendation for this developer would be to reduce the project to conform with the
immediate neighborhood and neighbor's homes by
a. Removing the 2nd floor and keeping a single story home with cellar to minimize the
impact on neighbor's views and privacy
b. Remove the cellar to minimize the impact on the neighbors during construction and
likely destruction of the established trees
c. Increase the setbacks on all sides and reduce the overall impact, bulk and mass; reduce
the number of bedrooms and bathrooms.
6. A full review and presentation is needed by the Planning Commission to ensure that this
application complies with all policies, guidelines and protects the character of our Town, the
immediate neighborhood and does not create precedence for bulk and mass and loss of views,
privacy and trees .
r ,...,
J3 Gram Road -SUJre 200 1 1 Mountain V1ew. Callforn1a 94040-3270
VOICe 650.327 2672 -fax 650 688 8333
www bwslaw com
July 13, 2016
Planning Commission
Town of Los Gatos Planning Division
110 E. Main Street
Los Gatos, CA 95030
Re: Project Descri ption:
APN: 532-04-082
Project Name: Valy Jalalian Project
Doug[a s 'W. D a [ Cie[o
d dalcie lo@ bwsl a w .com
Address: 16362 Hilow Road, Los Gatos, CA 95032
Dear Commission:
The scope of the project entails building a new single family home. The
previously existing structure , now demolished and removed , was 3 bedrooms, 1 bath ,
1,056 square feet of living space on an 11,779 square foot lot built in 1952. The original
project was to design and build a new single family residence with 2 stories , 4 beds,
4-1/2 baths, approximately 3,484 square feet of primary living space with a 2 ,856
square foot cellar and 820 square foot garage. Due to the reasons explained below, the
current project has been reduced in size and now consists of a 2 story, 4 bedrooms ,
4-1/2 baths, approximately 3,479 square feet of primary living space , an 1800 square
foot cellar and a 932 square foot garage.
COMPATIBILITY WITH NEIGHBORHOOD:
House to the right of our parcel:
16350 Hilow Road: -Two story home with approximately 3 ,000 square
feet surrounded by mature trees which impair the views of all immediate
neighbors
House to the left or our parcel:
16374 Hilow Road :-Single story home with 3,584 square feet
EXHJBIT 1 6
Lo s Angeles -Inland Empire -Marm County -Oakland -Orange Coun ty -Pa l m Desert -San Francisco -SiliCon Val ley -Ventura County
Planning Commission
Town of Los Gatos Planning Division
July 13, 2016
Page 2
Five houses across the street facing our parcel:
16383 Hilow Road :-Single story home with 2 ,339 square feet
16397 Hilow Road : -Single story home with 3,330 square feet
16411 Hilow Road:-Single story home with 2 ,534 square feet
16369 Hilow Road : -Single story home with 1 ,056 square feet
16357 Hilow Road: -Single story home with 2 ,106 square feet
Attached as Exhibit A is a chart depicting the square footage data relating to
these homes.
There are 27 homes on Hilow Road of which 9 are two stories with an average of
3 , 700 square feet ; several of which contain cellars .
There are 30 homes on Shady View Lane of which 13 are two stories with an
average of 3,200 square feet.
PROACTIVE CHANGES WERE MADE BEFORE FIRST DRC MEETING:
• Plan was modified to conform to the Town 's Consulting Architect's Report,
completed by Larry Cannon
• Conformance to Consulting Arborist's Report, completed by Deborah Ellis
• First change was to reduce the height approximately 2 feet to match the next
door neighbor's 2nd story
• 2n d change was to reduce the 2nd floor height from 1 0' to 9 ' per staff to be
compatible with 2nd floor 9' height of next door neighbor
• Changed plan to maintain 14' clearance from the redwood tree to excavate
for foundation
• Agreed to excavation by hand in proximity to the redwood tree pursuant to
arborist's recommendation
AFTER FIRST DRC MEETING WITH NEIGHBORS TO ADDRESS THEIR CONCERNS :
• Responded to Analysis of short-term and long-term effects of sub-drains and
pumping of surface runoffs of ground water pursuant to retained expert UPP
Geotechnology
t1 I
Planning Commission
Town of Los Gatos Planning Division
July 13, 2016
Page 3
• Further reduced the height from 28 ' to 27' with reduction in pitch
• Agreed to build 8-foot high good neighbor fence before construction begins
• Agreed to design excavation and shoring plan for the cellar
• Agreed to the planting of additional trees to be placed in front of the house
• Agreed additional trees to be placed at rear of the house
• Agreed additional trees to be placed in right side of the house
• Agreed for the neighbor's privacy to raise all side windows in 2nd floor to 5 '
• Agreed to harvest the removed redwood trees
AFTER SECOND DRC MEETING WITH NEIGHBORS TO ADDRESS THEIR CONCERNS:
Second meeting was held at Coldwell banker's office and hosted by Michael
Brown , real estate agent
NOTE:
• Reduced the height further from 27' to 26 ' and pitch to 4 :12, now lower than
the height of next door neighbor
• Reduced the size of the cellar by more than 1 ,200 square feet w ith new
square footage of 1 ,800
• Agreed to remove only one tree instead of two although two were permitted
by arborist for removal
• Agreed to redirect any overflow of storm water to the front of the house
• Agreed to re location of HVAC system
The existing story poles have not been changed to reflect t he new reduced
height of 26'.
As you know, our permit has been issued with all applicable agencies s igning off.
The concessions have been proactive, significant , and time consuming. We have
worked diligently with all immediate ne ighbors to address the ir con cerns. Please see
attached as Ex hibit B photos which depict the approximate view and impact from the
Planning Commission
Town of Los Gatos Planning Division
July 13, 2016
Page 4
appellant's lot. Our personal opinion based upon discussions with appellant is her
concern about the proposed new house (renderings attached as Exhib it C) which is one
lot to the East of appellant's home. In other words , appellant has no genuine concern
about Mr. Jalalian's home but rather believes that she is laying the foundation to object
to the home proposed to be built one lot to the East of her home . Everyone knows that
the fair market value of each neighbor's home increases as each newer, larger home is
built in the neighborhood . Please let us know if you have any questions.
DWD:hcl
Attachments
MP #4846-48 14-5204 v1
Very truly yours ,
DOUGLAS W . DAL CIELO
r
'EXJ-fi'BI'I' 5\
5 Homes across the street in front ofd1e subject prope rty at: 16362 Hilow Rd Los Gatos, CA 95032
16411 Hilow Rd
FAR: 2,534
Lot Size: 11,325
Build: 1951
16397Hilow Rd 16383 Hilow Rd
3,330
12,196
1992
2,339
10,454
1951
16369 Hilow Rd
1,056
9,944
1954
Homes on each side ofthe subject property at: 16362 Hjlow Rd Los Gatos, CA 9 5032
16357Hilow Rd
2,106
9,148
1954
16386 Hilow Road 16374Hilow Rd 16362 Hilow Rd 16350 Hilow Rd 16338 Hilow Rd
FAR : 3,479
Lot Size: 11,761
Build: 1954
3,584
11,761
1956
3,479
11,76 1
2016
2,985
11,761
2005
2,081
9,583
1955
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16386 Hilow Road proposed front elevation:
16386 Hilow Road proposed rear elevation:
Existing examples of architectural style of the proposed home :
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