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Item 03 - 16362 Hilow Rd - Staff Report & Exhibits 1-8TOWN OF LOS GATOS ITEM NO: 3 PLANNING COMMISSION STAFF REPORT Meeting Date: November 9, 2016 PREPARED BY: APPLICATION NO.: LOCATION : PROPERTY OWNER APPLICANT: CONTACT PERSON : Susie Pineda, Contract A ssociate Planner s pineda-mg @ losgatosca.go v Architecture and Site Application S-16-0 11 16362 Hilow Road (Located on the east side ofHilow Road south of Shannon Road) Valy Jalalian Val y J alalian APPLICATION SUMMARY: Requesting approval to construct a new single-family residence on property zoned R-1 :8. APN 532-04-082. RECOMMENDATION: PROJECT DATA: CEQA : Approval subject to recommended conditions. General Plan Designation: Zoning Designation : Low Density Residential R-1 :8 -Single-Family Residential, 8,000-square foot lot mm1mum Applicable Plans & Standards: General Plan; Residential Design Guidelines Parcel Si z e: 11 ,779 square feet Surrounding Area: Existing Land Use General Plan Zoning North Single-Family Low Density R-1:8 Residential Pre-zone East Single-Family Low Density R-1 :8 Res idential Pre-zone South Single-Family Low Density R-1 :8 Residential Pre-zone West Single-Family Low Density R-1:8 Residential Pre-zone 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. Planning Commission StaffReport-Page 2 16362 Hilow Road/S-16-011 November 9, 2016 FINDINGS : CONSIDERATIONS: ACTION: EXHIBITS: BACKGROUND: • As required, pursuant to the adopted Guidelines for the Implementation of the 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 Commission is final unless appealed within ten days. 1. 2. 3. 4. 5. 6 . 7 . 8. 9. Location map Project Data Sheet (two pages) Required Findings and Considerations (one page) Recommended Conditions of Approval (eight pages) September 20, 2016 Town Council meeting Minutes Town Council Resolution 2016-49 (three pages) Public Comments received by 11 :00 a .m., Thursday, November 3 , 2016 Letter of Justification (two pages), received October II , 2016 Development Plans (11 sheets), received October 11 ,2016 The existing II ,779-square foot site is currently vacant. The site previously contained a 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 exi sting 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 DRC approval was appealed to the Planning Commission on June 15, 2016. On July 27, 2016, the Planning Commission granted the appeal and denied the application. The decision of the Planning Commission was appealed to the Town Council by the property owner, Valy Jalalian, on August 1, 2016. The application was considered by the Town Council on September 20,2016. The appeal was granted and the Town Council remanded the application to the Planning Commission to formalize the changes offered by the applicant during the meeting (Exhibit 6). Planning Commission Staff Report -Page 3 16362 Hilow Road/S-16-0 11 November 9 , 2016 PROJECT DESCRIPTION: A. Location and Surrounding Neighborhood The project site is located on the east side of Hilow 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 has revised the plans and is proposing a 3,4 79-square foot two-story residence with a 733-square foot attached garage and a 1,600-square foot cellar. The project would have a maximum height of 26 feet. The proposed materials include: stucco and wood siding, stone veneer, and a composition shingle roof. A color and materials board will be available at the Planning Commission meeting and a project data sheet is attached as Exhibit 2. B. Town Council On September 20, 2016 , the Town Council considered the appeal. Concerns raised by the Town Council, appellant, and neighbors included: height , building mass, and neighborhood compatibility. The minutes for the September 20, 2016 meeting are provided in Exhibit 5. After holding a public hearing and asking questions of the applicant, the Town Council remanded the project to the Planning Commission to formalize the changes offered by the applicant. The changes offered were: retaining the existing redwood tree that was previously proposed to be removed; obscuring the glass of the second floor windows on the right elevation; and ensuring that the drainage is correct. Additionally, the Council asked the applicant to consider reducing the size of the cellar and the size of the garage. Planning Commission Staff Report -Page 4 16362 Hilow Road/S-16-011 November 9, 2016 On October 11, 2016 , the applicant resubmitted plans and a revised letter of justification (Exhibits 8 and 9), which illustrate the following changes : • Cellar square footage was reduced from 1800 to 1600 square feet • Garage square footage was reduced from 932 to 733 square feet • Obscured glass for the windows on the second story elevation, facing the Wagner property has been noted • Drainage was modified so that all drainage now drains to the front yard • No tree removals are proposed CONCLUSION AND RECOMMENDATION: A. Conclusion The project is in compliance with the Residential Design Guidelines. The applicant has modified the proposed plans to address the Town Council direction. B. Recommendation Staff recommends that the Planning Commission take the following actions to 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 3); and 2. Make the finding that the project complies with the Residential Design Guidelines (Exhibit 3); 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 3); and 4. Approve Architecture and Site Application S-16-0 11 with the conditions contained in Exhibit 4 and development plans attached as Exhibit 9. ALTERNATIVE: Alternatively, the Commission may deny the Architecture and Site application. Prepared by: pproved by: Susie Pineda oel Paulson, AICP Contract Associate Planner Community Development Director Planning Commission Staff Report -Page 5 16362 Hilow Road /S-16-0 11 November 9, 2016 JP:SP:cg 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\Hi low 16 362-remand-ll-9-16.docx ;~ ! ' 16362 Hilow Road EXHIB IT 1 This Page Intentionally Left Blank 16362 Hilow Road -PROJECT DATA EXISTING PROPOSED PROJECT REQUIRED/ CONDITIONS PERMITIED Zoning district R-1:8 same - Land use Vacant New House - General Plan Designation Low Density residential same - Lot size (sq. ft.) 11,779 same 8,000 sq. ft . min imum Exterior materia ls: • 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 2157 - • second floor N /A 1322 - 1600 -• cellar N /A 733 -• garage Setbacks (ft.): • front N /A 25 ' 25 feet minimum • rear N/A 53 ' 20 fe et minim um • side N/A 8 ' 8 feet minimum • si de N/A 8 ' 8 feet minimum Maximum height (ft.) N/A 26 ' 30 feet m aximum Building coverage (%) N/A 26 % 40 % m ax imum Floor Area Ratio(%) .EXHl.BIT ~ • house N/A 3479 3483 sq. ft . maximum • garage N/A 733 954 sq . ft . maximum Parking N/A 4 two spaces minimum Tree Removals N/A None N /A PLANNING COMMISSION -November 9, 2016 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 Impl ementation of the California Environmental Quality Act, Section 15303 : New Con struction or Conversion of Small Structures. Required Compliance with the Residential Design Guidelines: • The project complies with the Res idential Design Guidelines for single-family homes not in hillside residential areas. CONSIDERATIONS Required considerations in review of Architecture & Site applications: • As r eq uired by Section 29.20.150 of the Town Code, the considerations in review of an Architecture and Site application were all made in reviewing this project. N :\DEV \FI N DINGS\20 16\HILOW 16362#2.DOCX £XlliBIT 3 This Page I ntentional/y Left Blank PLANNING COMMISSION -November 9, 2016 CONDITIONS OF APPROVAL 16362 Hilow Road Architecture and Site Application S-16-011 Requesting approval to construct a new single-family residence on property zoned R-l :8 . APN 532-04-082. PROPERTY OWNER/APPLICANT: Valy Jalalian TO THE SATISFACTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT: Planning Divis ion 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 Arborist 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 of the 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 4 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 Divis ion 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 si ze 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 utilities 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 site 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 soils 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 shall 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 inspection. This certificate shall certify compliance with the recommendations as s pecified 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 plans. Horizontal and vertical controls shall be set and certified by a licensed Surveyor or registered Civil Engineer for the following items: a. Building pad elevation b. Finish floor 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 back ing (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-inches wide on the accessible 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 IS- 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 Assembly. 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 Inspection form must be completely filled-out and signed by all requested parties prior to permit issuance. Special Inspection forms are available from the Building Division Service Counter or online at www.losgatosca.gov/building 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.l osgato sc a .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: Mike Weisz at (408) 354-5236 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 result 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 Construction Encroachment Permit. All work over $5,000 will require construction security. It is the responsibility of the Applicant/Developer to obtain any necessary encroachment permits from affected agencies and private parties, including but not limited to , Pacific Gas and Electric (PG&E), AT&T, Comcast, Santa Clara Valley Water District, California Department of Transportation. 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 repair or replace all existing improvements not designated for removal that are damaged or removed because of the Developer's operations . Improvements such as, but not limited to, 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 Inspector, 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 proposed 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 deposited with the Town prior to plan review at the Engineering Division of the Parks and Public Works Department. 39. INSPECTION FEES: Inspection 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 27.50.015(b). All new utility services shall be placed underground. Underground conduit shall be provided for cable television service. Applicant is required to obtain approval of all proposed utility alignments from any and all utility service providers. The Town of Los Gatos does not approve or imply approval for final alignment or design of these facilities . 42. WVSD (West Valley Sanitation District): Sanitary sewer laterals are televised by West Valley Sanitation District and approved by the Town of Los Gatos before they are used or reused. A sanitary sewer clean-out is required for each property at the property line or 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 having a manufacture's rated gross vehicle weight exceeding ten thousand ( 1 0,000) pounds shall be allowed to park on the portion of a street which abuts property in a residential zone without prior to approval from the Town Engineer. 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 issuance of a building permit, the developer shall work with the Town Building and Engineering Department Engineering Inspectors to devise a traffic control plan to ensure safe and efficient traffic flow under periods when soil is hauled on or off the project site. This may include, but is not limited to provisions for the developer/owner to place construction notification signs noting the dates and time of construction and hauling activities, or providing additional traffic control. Coordination with other significant projects in the area may also be required. 47. CONSTRUCTION NOISE : Between the hours of 8:00a.m. to 8:00p.m., weekdays and 9:00 a.m. to 7:00p.m. weekends and holidays , construction, alteration or repair activities shall be allowed. No individual piece of equipment shall produce a noise level exceeding eighty-five (85) dBA at twenty-five (25) feet from the source. Ifthe device is located within a structure on the property, the measurement shall be made at distances as close to twenty-five (25) feet from the device as possible. The noise level at any point outside of the property plane shall not exceed eighty-five (85) dBA. 48. CONSTRUCTION MANAGEMENT PLAN: The Applicant shall submit a construction management plan that shall incorporate at a minimum the employee parking, materials storage area, concrete washout, and proposed outhouse locations. 49. SITE DESIGN MEASURES: All projects shall incorporate one or more of the following measures: a. Protect sensitive areas and minimize changes to the natural topography. b . Minimize impervious surface areas. c. Direct roof downspouts to vegetated areas. d. Use permeable pavement surfaces on the driveway, at a minimum. e. Use landscaping to treat stormwater. 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 landscaping disturbed soils as soon as possible . Further, water trucks shall be present and in use at the construction site. All portions of the site subject to blowing dust shall be watered as often as deemed necessary by the Town, or a minimum of three times daily, or apply (non-toxic) soil stabilizers on all unpaved access roads, parking areas, and staging areas at construction sites in order to insure proper control of blowing dust for the duration of the project. Watering on public streets shall not occur. Streets will be cleaned by street sweepers or by hand as often as deemed necessary by the Town Engineer, or at least once a day. Watering associated with on-site construction activity shall take place between the hours of 8 a.m. and 5 p.m. and shall include at least one late-afternoon watering to minimize the effects of blowing dust. All public streets soiled or littered due to this construction activity shall be cleaned and swept on a daily basis during the workweek to the satisfaction of the Town. Demolition or earthwork activities shall be halted when wind speeds (instantaneous gusts) exceed 25 MPH . All trucks hauling soil, sand, or other loose debris shall be covered. 51. CONSTRUCTION ACTIVITIES: All construction shall conform to the latest requirements of the CASQA Stormwater Best Management Practices Handbooks for Construction Activities and New Development and Redevelopment, the Town's grading and erosion control ordinance, and other generally accepted engineering practices for erosion control as required by the Town Engineer when undertaking construction activities . 52 . SITE DRAINAGE: Rainwater leaders shall be discharged to splash blocks. No through curb drains will be allowed. Any storm drain inlets (public or private) directly connected to public storm system shall be stenciled/signed with appropriate "NO DUMPING -Flows to Bay" NPDES required language. On-site drainage systems for all projects shall include one of the alternatives included in section C.3.i of the Municipal Regional NPDES Permit. These include storm water reuse via cisterns or rain barrels, directing runoff from impervious s urfaces 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 au thori zed 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. Fai lure 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 th e applicant shall make app lication to, and receive from, the Building Department all applicable construction permits. 56. Fire Sprinkl ers 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 Californi a licensed (C-16) Fire Protection Contractor shall submit plans, calculations, a completed permit appli cation 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 suppli es shall be protected from contamination caused by fire protection water suppli es. It is the responsibility of the applicant and any contractors and subcontractors to contact the water purveyor supplying the site of such project , and to comply with the requirements of that purveyor. Such requirements shall be incorporated into the design of any water-based fire protection systems, and /or fire suppression water supply systems or storage containers that may be physically connected in any manner to an appliance capable of causing contamination of the potable water s uppl y of the purveyor of record. Final approval of the system(s) und er 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 provi sio ns 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 approved 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 (1 01.6 mm) high with a minimum stroke width of 0.5 inch ( 12.7 mm). Where access is b y 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:\DEY\CONDITION S\20 16\Hilow 16362.docx Town Council Meeting 10/04/16 Item #1 MINUTES OF THE TOWN COUNCIL MEETING SEPTEMBER 20, 2016 The Town Council of the Town of Los Gatos conducted a Special Meeting on Tuesday, September 20, 2016, to hold a Closed Session at 5:30p.m. and a Regular Meeting at 7 :00p.m. CLOSED SESSION-5:30 P.M . CS-1 CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Government Code Section 54956.8) Property: 75 Church St. (Forbes Mill) (APN: 529-54-050) Negotiating Parties: Town of Los Gatos (Negotiator: Matt Morley, PPW Director) Potential Buyers and/or Tenants Negotiations: Price and terms of potential sale or lease Property: 4 Tait Avenue (Museum) (APN: 510-44-054) Negotiating Parties: Town of Los Gatos (Negotiator: Matt Morley, PPW Director) Potential Buyers and/or Tenants Negotiations: Price and terms of potential sale or lease Property : 14850 Winchester Avenue (APN: 424-31 -055) Negotiating Parties : Town of Los Gatos (Negotiator: Matt Morley, PPW Director) Potential Buyers and/or Tenants Negotiations : Price and terms of potential sale or lease Property: 4 New York Avenue (Venue) (APN: 529 -27 -024) Negotiating Parties: Town of Los Gatos (Negotiator: Laurel Prevetti, Town Manager) KCAT (Negotiator: Melissa Toran) Negotiations: Price and terms of lease Property: 20 Dittos Lane (APN: 529-29-034) Negotiating parties : Town of Los Gatos (Negotiator: Matt Morley, PPW Director) Potential Buyers and/or Tenants Negotiations: Price and terms of potential sale or payment of lease CS-2 TOWN MANAGER EVALUATION (Performance Only) MEETING CALLED TO ORDER AT 7:00P.M. ROLL CALL Present: Mayor Barbara Spector, Vice Mayor Marice Sayoc, Council Member Marcia Jensen , Council Member Steve Leonardis, Council Member Rob Rennie . Absent: None EXHIBIT 5 PLEDGE OF ALLEGIANCE Garrett Rossi led the Pledge of Allegiance. The audience was invited to participate. PRESENTATIONS Mayor Spector presented a Small Business , Big Applause Commendation to Gilley's Coffee Shoppe. Dave, Catrina , and Andres Berman thanked the Town and the community for their support. CLOSED SESSION REPORT Robert Schultz, Town Attorney, stated Council met in Closed Session as duly noted on the agenda and there is no report. COUNCIL/TOWN MANAGER REPORTS Council Matters Council Member Marcia Jensen stated she had nothing to report . -Council Member Rob Rennie stated he attended along with the Vice Mayor the training for the bicycle and pedestrian counting and he participated in taking counts on both counting days . He attended the Silicon Valley Clean Energy Authority Board of Directors meeting, the Valley Transportation Authority (VTA) Policy Advisory Committee meeting, and the Cities Association Legislative Advisory Committee meeting and Board meeting . Mayor Barbara Spector stated she presented a proclamation to the Methodist Church for their 150th birthday and thanked them for their services to the Town. Vice Mayor Marice Sayoc stated she participated in the bicycle and pedestrian counting , the Veterans Memorial Foundation meeting, the Conceptual Development Advisory Committee (CDAC) meeting, and the West Valley Mayors/Managers meeting. Council Member Steve Leonardis stated he attended the West Valley Sanitation District (WVSD) Board of Directors meeting and the Treatment Plant Advisory Committee meeting. Manager Matters Ms. Prevetti invited all to attend the Screen on the Green to be held at Oak Meadow Park on Friday, September 30. Children's activities begin at 6:30p.m. with the movie "Inside Out" beg i nning at 7:00p.m. CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION) 1 . Approve Council Meeting Minutes of September 1, 2016 . 2 . Approve Council Meeting Minutes of September 6, 2016. 3. Authorize the Town Manager to execute a Memorandum of Agreement with the Veterans Memorial and Support Foundation of Los Gatos for the Veterans Memorial at the Town of Los Gatos Civic Center. 2 Town Council/Parking Authority September 20 , 2016 Consent Items -continued 4. Authorize the Town Manager to execute an agreement with W. Jeffrey Heid to serve as a Town consultant to review landscape plans and to perform irrigation audits required by the State Model Water Efficient Landscape Ordinance . 5. Accept two grants from the Santa Clara County Partnership in Community Health . 6. Authorize the Town Manager to enter into an agreement with O 'Brien Code Consulting, Inc. for Building Division Plan Check Consultant Services. 7 . Authorize the Town Manager to enter into an agreement with lnterwest Consulting Group for supplemental Building Plan Check and associated consultant services. 8 . Authorize the Town Manager to execute a certificate of acceptance and notice of completion accepting the work of Guerra Construction and authorize recording by the Clerk Administrator for PPW Job No. 14-02 Hillside Road Preservation Federal Project No. STPL-5067 (020). 9 . Authorize the Town Manager to execute a certificate of acceptance and notice of completion accepting the work of FBD Vanguard Construction and authorize recording by the Clerk Administrator for PPW Job No. 15-813-9921 Curb Ramps_ Project. 10. Biennial Review of the Town's Conflict of Interest. 11 .Approve the New Museum Los Gatos proposal to install permanent signage to the exterior wing wall of 106 E. Main Street facing the Civic Center lawn. 12. Approve a revised LED Streetlight Retrofit Project scope (PPW Project No. 813- 0224). 13. 16020 Winterbrook Road -Consider adopting a resolution to set a date for consideration of a reorganization of an uninhabited area designated as Winterbrook Road No. 5 , containing approximately 0.394 acre parcel pre-zoned R-1 :8. APN 532- 26-014. Annexation Application AN-16-005. Property Owner/Applicant: Joshua Stults. Council Member Rennie pulled Item #11. Angelia Doerner pulled Item #9 . Council Member Jensen and Mayor Spector asked questions of staff on Item #3 which were addressed by Robert Schultz, Town Attorney. MOTION: VOTE: Motion by Council Member Marcia Jensen to approve Consent Items 1 through 13, exclusive of Items 9 and 11. Seconded by Mayor Barbara Spector. Motion passed unanimously. 3 Town Coun cil /Parking Authority September 20, 2016 Pulled Consent Item #9 9. Authorize the Town Manager to execute a certificate of acceptance and notice of completion accepting the work of FBD Vanguard Construction and authorize recording by the Clerk Administrator for PPW Job No. 15-813-9921 Curb Ramps Project Lisa Petersen, Town Engineer, presented the staff report. Opened Public Comment. Angelia Doerner Thanked Parks and Public Works for the great curb ramp design. Closed Public Comment. Council discussed the matter. MOTION: Motion by Council Member Steve Leonardis to authorize the Town Manager to execute a certificate of acceptance and notice of completion accepting the work of FBD Vanguard Construction and authorize recording by the Clerk Administrator. Seconded by Mayor Barbara Spector. VOTE: Motion passed unanimously. Pulled Consent Item #11 11 . Approve the New Museum Los Gatos proposal to install permanent signage to the exterior wing wall of 106 E . Main Street facing the Civic Center lawn Shelayne Hammack, Management Analyst, presented the staff report. Opened and closed Public Comment. Council discussed the matter. MOTION: VOTE: Motion by Council Member Marcia Jensen to approve the proposed sign with an option to move the sign if it conflicts with the future Veterans' Memorial. Seconded by Council Member Steve Leonardis. Motion passed unanimously. 4 Town Council /Parking Authority September 20 , 2016 VERBAL COMMUNICATIONS Angelia Doerner Commented on the curb ramp design for the Almond Grove and requested they be changed. Shuang Ji Commented on the House of Representatives Resolution 343 condemning the practice of state-sanctioned , forced organ harvesting in the People 's Republic of China, requested Council to pass a similar resolution , and invited all to a screening of a movie that speaks to the topic. PUBLIC HEARINGS 14. 16362 Hilow Road. Consider an appeal of a Planning Commission decision denying a request to construct a new single-family residence on property zoned R-1 :8 . APN 532-0-08 . Architecture and Site application S-16-011 . Joel Paulson, Di rector of Community Development, presented the staff report. Sandy Harris and Joel Baldwin, applicant/appellant representatives, spoke on the project. Opened Public Comment. Terence Unter Commented in support of the project. Krysten Hariri Commented in support of the project. Bill Wagner Commented in opposition to the project. Perry Hariri Commented in support of the project. Craig Ford Commented in support of the project. Debora Wagner Commented in opposition to the project. Marc Buckland Commented in support of the project. 5 Town Council /Parking Authority September 20 , 2016 Public Hearing Item #14 -continued William Schwartz Commented in support of the project. Karol Ryan Commented in support of the project. Whitney Halladay Commented in support of the project. Scott Uran Commented in support of the project. Mike Brown Commented in support of the project. Loree Vitale Commented in support of the project. Ron Deering did not come forward . Dennis Byron Commented in support of the project. Ehab Youssef Commented in support of the project. David Zirl Commented in support of the project. Sandy Decker Commented in opposition to the project. Shannon Susik Commented in opposition to the project. Lee Quintana Commented that the majority of single story homes are being replaced by two story homes, which reduces the number of single story homes for seniors to transit ion to new accommodations . Jeanne Driedger Commented in opposition to the project. 6 Town Counci l/Par k ing Auth o rity Se ptem ber 20, 2016 Public Hearing Item #14 -continued Kim Grounds Commented in support of the project. Sandy Harris, applicant/appellant representative Addressed comments. Closed Public Comment. Council discussed the matter. MOT ION: VOT E: MOTION: VOTE: Recess at 9 :53p.m . Motion by Council Member Rob Rennie to grant the appeal of the Planning Commission decision based on the fact the policy around the County neighborhoods is not clear, there is not yet a policy regarding creeping two stories, and there is not yet a clear policy about reducing non-permeable surfaces . AMENDMENT: to keep the two trees in the front yard to further help the screening , include the changes from the Development Review Committee (DRC) to mitigate the neighbors' concerns, raising the bathroom window sill , and using obscure glass. Seconded by Vice Mayor Marico Sayoc. By show of hands, motion fa iled 2/3. Mayor Barbara Spector and Counci l Members Marcia Jensen and Steve Leonardis voting no. Motio n by Council Member Marcia Jensen to grant the appeal but remand the matter to the Planning Commission per Attachment 6 to formalize those issues that have been raised by the applicant, i.e. retain the trees, screen the windows , ensure the drainage is correct , and consider reducing the size of the cellar and the size of the garage .. Seconded by Mayor Barbara Spector. By show of hands, motion passed unanimously. Reconvened at 1 0:02 p.m . 7 Town Council/Parking Authority September 20, 2016 OTHER BUSINESS 15. Authority for exclusive negotiation with Presidio regarding a potential parking garage and residential development Matt Morley, Director of Parks and Public Works, presented the staff report. Other Business Item #15 -continued Opened Public Comment. Mark Conroy, Presidio Development Partners, LLC Commented on the firm's experience on this type of project and requested Council move forward with the project. Cameron Schwab, Barry Swenson Builder Questioned why the firm was being excluded from further negotiations. Angelia Doerner did not come forward. Closed Public Comment. Council discussed the matter. MOTION: VOTE: Motion by Counc il Member Marcia Jensen to authorize the Town Manager to enter exclusive negotiations with Presidio Development for the development of a downtown mixed use public parking and residential development as recommended by the Council Ad Hoc Committee on Parking and Infrastructure , with the understanding that if negotiations are not successful, negotiations will be opened again for other bidders . Seconded by Mayor Barbara Spector. By show of hands, motion passed unanimously. 16.Consider Council Policy Committee recommendations to amend Council Policy 2-01 entitled Town Council Agenda Format and Rules and Policy 2-05 entitled Planning Commission Policies and Procedures Robert Schultz, Town Attorney, presented the staff report. Opened and closed Public Comment. Council discussed Policy 2-01. 8 Town Council/Parking Authority September 20, 2016 Other Business Item #16 -continued MOT ION: VOTE: Motion by Council Member Steve Leonardis that the time limits remain as is in the ex i sting policy. Seconded by Mayor Barbara Spector. Motion passed 3/2. Vice Mayor Marico Sayoc and Council Member Marcia Jensen vot i ng no . Council discussed Policy 2-05. MOTION : VOTE: ADJ OURNMENT Motion by Council Member Steve Leonardis to approve the recommendation that a new section would be added to the Town Council Agenda Format and Rules pertaining to telephonic attendance at Council meetings with the intention that the requirements would pertain to all Town Boards, Committees, and Commissions . Seconded by Mayor Barbara Spector. Motion passed 4/1 . Counci l Member Rob Rennie voting no. The meeting adjourned at 10:42 p.m . Attest: /s/ Shelley Neis, Clerk Adm inistrator 9 Town Counci l/Parking Authority September 20 , 2016 This Page Intentionally Left Blank RESOLUTION 2016-049 RESOLUTION Of THE TOWN COUNCIL OF THE TOWN OF LOS GATOS GRANTING AN APPEAL OF THE DECISION OF THE PLANNI~G COMMISSION DENYING A REQUEST TO CONSTRUCT A NEW SINGLE-FAMILY RESIDENCE. O:'f PROPERTY ZONED R-1:8 AND REI\1ANDING THE MATTER TO THE PLANNlNG COMMISSION FOR FURTHER CONSIDERATION APN: 532-04-082 ARCIHTECTU RE AND SITE APPLICATION: S-16-011 PROPERTY LOCATION: 16362 HILOW ROAD PROPERTY OWNER/APPELLANT: VALV JALALIAN WHF.RF.AS. on Jul y 27 . 20 16. the Planning Comrm ssi on held a pubhc hearing and considered a reques t to con s tru ct a new . i ngle-fa mil y re s iden ce on prop e rty zoned R -1:8. The Pl ann i ng Co mmi ssio n d enie..l the appli~u ti o n a t the Jul y 27 . 201 6 Pl anning Commi ss ion Publ ic He aring . \VHEREAS. on Augus t L 2016, th e prope rt y <)wn er fikd an appeal o f the dec is ion l>f the Pl a nnin g Commi ssion d en y ing nn appli ca t io n t o consrmct a new single-famil y rc i d~nc c : and WHEREAS. this matter cam~: bcfor~ the T own Co uncil fo r publi c he aring on Se ptember 20. 2 0 16. and \-Vas regularl y noticed in conforman ce w ith State and Town law. WHEREAS. the T o wn Counctl received tc timon y an d do cumentary C\'idcnce n ·om the appell a nt ~md all inrerested persons wh o wished to tes tify o r submit documents. The Town Council co nsidered all testim on y unci ma t erial s s ubmitted , including the record of th e Pl a nn ing Comm i ·si on proci:cdings a nd the packt:t o f m:llcrial contained in the C\1un cil Agenda Re po rt t(>r th~;:i r meeting o n S eptember 20. 10 16 . al o ng ~,-v ith a n) und a ll su bs equ en t rep o rts a nd m a terial s prepa red co ncc..:r m ng this appl ication. EXHJBIT 6 WHEREA S, Coun ci l lind!" as foll ows: I . 1n accordance w ith Town Code section 29.20.300. tha t new in formation wa s s ubmitted to the Council during the appeal process that wa not readily and reasona bl y avai labk f~)r subm issio n to the Commission. NOW. THEREF ORE , BE IT RESOLVED: l . T he app eal of the d e ci s ion o f the Planning Conunis!'io n dcnymg a r eq uest to cons truct a new single-t~unily rcs i d cn~c on property zone d R-1 :g IS granted and th e application is remande d to Plannin g Co mmi s~ion t 0 fonnali zc the c h anges offered by the applicant regard ing trel! rt:moval. ob 'cure glass. a nd dra inage and to wnsidcr reducing the s J z ~ nf !h e ~dlar and the garage. 2 . The deci si on does no t con stitlttc a final a dmmistrati\·c dccisi Ll!l and the app lication wi ll be returned H.1 Planning Co mnu ss ion fo r furtlu;r co nsideration . Ke!'nl utio u 20 1 fl-04 lJ Scptcm bl~r 1 0. 2 0 J 6 PASSED AND ADOPTED at a regular meeting of tht.: Tovm Co un ci l of th~ To\vn o f Los Gato s. C alilimmt. held o n the 201 h day ofSt:ptcmbcr, 20 16 . by th e fo ll owmg vote: COUN CI L M EMBE RS : A YES: Marcia J ensen . Steve Leo nardi s. Rob Re nni e, Marico Sayoc. Mayor Barbara Spector NAYS : Non e. A BSENT: :\one. ABSTA IN : No ne. ---........,__ --rEg ( ' / .. ---s JGNL: - / c?"~kll.! ~ \'-._ MAYOR T. H E TOWN OF LOS GATOS .____ _ _ws-ATOS. C;>UFOR N IA DATE ----'i/sli-}t Jg__ ATTEST : CLERK ADM i N ISTRATOR OF THE TOWN OF LOS GA TOS LO S GATOS. C A u:~ORN lA DATE: __ Cj_f~......,...ftp;.__..__ J o f 3 Re,;o lu u o n 20! f'-049 e pte mbc r 20. 2 0 l fi This Page Intentionally Left Blank November 2 , 2016 Planning Commission Town of Los Gatos 110 East Main St. Los Gatos CA 95030 Honorable Commissioners: We are writing in opposition to approval of Architecture and Site Application S-16-011 at 16362 Hilow Road (APN 532-04-082) which will be to be heard again by the Planning Commission on November 9 . We attended the Planning Commission meeting on July 27 and supported the Commission when it overturned DRC's approval based upon the fact that the form and mass of the proposed house is not consistent with the other houses in the immediate neighborhood . For 24 years, we have lived at 16374 Hilow Road , the neighbor to the south of 16362 Hilow Road. Our one-story house is 3500 SF on a 11,779 SF lot, exactly the same lot size as the applicant's lot. We bought our house in this neighborhood because the lot was large enough to maintain a large single-story house and still have room in the large backyard to raise our family . The residential design guidelines are intended to assure that new homes respect the scale and character of the immediate neighborhood . Whether the immediate neighborhood is defined by the 2-5-2 definition or expanded to include the 14 surrounding houses, all but one are single story houses. According to the Guidelines, new homes are to be designed to respect views, privacy and solar access of their neighbors. In Section 2.3, Form and Mass, and in other sections, the Guidelines include specifics like: ~ 2.3.1 Design two story houses in predominantly one story neighborhoods to blend with the smaller homes . ~ 2.3.2 Avoid structures with height and bulk at front and side setback lines which are significantly greater than those of the adjacent homes. ~ 2.3 .6 Locate second floor mass to minimize impacts on the streetscape and adjacent neighbors. ~ 2.3. 7 Minimize the mass of garages. The photo on the following page indicates the view of the proposed house from our front yard, which is the same view that will be seen by northbound traffic on Hilow Road . From this photo, it should be clear that the proposed house does not conform to the Residential Design Guidelines, because its form, mass and position of the lot overwhelms other houses in the immediate neighborhood . The mass of the garage, wh ich is integral to the house, contributes to the overall mass of the structure , rather than minimizing it. EXHIBIT 7 At the Town Council Meeting on September 20 , the Council discussed form and mass and remanded the project back to Planning Commission with specific direction to consider changes to the cellar and garage. The changes now proposed reduce the cellar by 200 sf and reduce the garage by 199 sf. These changes do nothing to reduce form and mass. The garage size reduction moves the garage door back about 1 0 ft, but this change does not change the roof line or modify form , size and mass of the second story. We feel that this does not conform to the Council's intent and does not conform to the residential design guidelines . For these reasons, we ask the Planning Commission to reject the application. Sincerely Bill and Debbie Wagner 16374 Hilow Road, Los Gatos 95032 Thursday October 6 , 2016 Town of Los Gatos Planning Commission 110 E. Main Street Los Gatos , CA 95030 RE: Project/Application s-16-011 16362 Hilow Road Justification/Project description & changes as directed by Town Council Sept 20, 2016 RECEIVED OCT 11 2016 TOWN OF LOS GATOS PLANNING DIVISI ON On September 20, 2016 the Town Council unanimously voted to approve the following motion : "Motion by Council Member Marcia Jensen to grant the appeal but remand the matter to the Planning Commission per Attachment 6 to formalize those issues that have been raised by the applicant, i.e. retain the trees, screen the windows , ensure the drainage is correct, and consider reducing the s ize of the cellar and the size of the garage .. Seconded by Mayor Barbara Spector." In order to comply with this motion, we are submitting the following changes for the Planning Commission to review: 1. Retain the two large trees in front and raise bathroom window/g lass change : As stated in the AMENDMENT: we will keep the two trees in the front yard to further help the screening , include the changes from the Develop ment Review Comm ittee (DRC) to mitigate the neighbors' concerns, raising the bathroom window sill, and use obscure glass . 2. Ensure drainage is correct: During the Town Council meeting on September 20, 2016, the soils engineer, Joel Baldwin was in attendance and spoke regarding any soil and water drainage issues and assured Council that any of these water concerns brought up from 2 neighbors were not founded by any facts regarding this project, but stemmed from other factors on their properties . There are no drainage issues connected to this project. 3. Reduce the size of the garage and cellar: The Town Council requested that we "consider reducing the size of the ·cellar and the size of the garage". To that end we have amended our plan to include a 200 sq . ft reduction in.the garage and a 200 sq . ft reduction in the cellar. The garage is now set back approx. 10ft from the front of th e house as shown in the new rendering. The cella r has now been reduced to approx.1600 sq. ft. EXHIBIT 8 ( I am requesting that the Planning Commission review the Town Council meeting of Sept 20, 2016 as the discussion on this project lasted over 2 hours. 14 neighbors and public came forward in favor of the project including neighbors directly across the street and on each side of the project. The Council did not find one code violation or any reason to justify not moving forward with this proposed project. I would also hope you would take into consideration the months and months of lost time and revenue as this project continues to be put on hold. I am requesting that the Planning Commission approve and support the granted appeal from the Town Council based on us meeting each of their requests. This project complies with all the policies guidelines of the Town of Los Gatos and will be a great asset to the neighborhood and community.