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Item 01 - 25 E. Main St - Staff Report & Exhibits 11-12TOWN OF LOS GATOS ITEM NO: 1 PLANNING COMMISSION STAFF REPORT Meeting Date: August 12, 2015 PREPARED BY: APPLICATION NO: LOCATION: APPLICANT: PROPERTY OWNER: CONTACT PERSON: Mami F. Mosel ey AICP , Associate Planner mmosel ey@ lo s gato sca. gov Architecture a nd Site Applicati on S-12-1 02 25 East M ain Street (located on the no rth side of E. Main Street across from College Avenue) Flury Bryant Design E. Main St. LLC (Al Mansoorian) Bob Flury APPLI C ATION SUMMARY: Requesting approval to construct a second story add ition above commercial space (I Gatti Restaurant) for separate living quarters o n property z oned C-2. APN 529-28-037. RECOMMENDATION: PROJECT DATA: DEEMED C OMPLETE: May II , 2015 FINAL DATE TO TAKE ACTION : November 11, 2 015 Approval if the P lanning Commission determines the modifications meet the Co mmi ss io n 's direction. General Plan Designation: Central Business Di strict Zo ning Designation : C-2 -Central Busi ness District Appl i cable Plans & Standards: General Plan ; Commercial Des ign Guidelines Parcel Size: 5,664 sq. ft. Surrounding Area: Ex isting Land Use General Plan Zoning North Open Space High Densi ty Resid ential RM-12 :20: LHP :PD East Commercial a nd Central Business Di strict C-2:LHP Re sidential South Commercial and Central Business Di strict C-2 Reside ntial West Commercial Mixed Use Comm ercial C-2 Planning Commission Staff Report -Page 2 25 E. Main Street/ S-12-1 02 August 12 ,2015 CEQA: FINDINGS: CONSIDERATIONS: ACTION: EXHIBITS: BACKGROUND: 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. • 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. • That the project complies with the Commercial Design Guidelines. • As required by Section 29.20.150 of the Town Code for Architecture and Site applications. The decision of the Planning Commission IS final unless appealed within ten days . 1-10. 11. 12. 13 . Previously submitted with June 10, 2015 Staff Report Recommended Conditions of Approval Letter from Applicant, received July 24, 2015 (two pages) Revised Development Plans , received July 24, 2015 (14 sheets) The Planning Commission considered the proposed application on June 10, 2015 and continued the application to August 12 , 2015 to allow the applicant time to address their concerns regarding the front terrace. ANALYSIS : The Planning Commission provided the following considerations for the applicant to address : • No veranda in front • No sliding glass doors in front • Windows need to be in keeping with historic area • The addition needs to maintain the integrity of the existing building and its first story • The applicant should meet with the adjacent owner about the construction plan • A second story front setback is fine , however, it should be "non-ambulatory" (i.e., no access to a useable outdoor area) Planning Commission Staff Report-Page 3 25 E. Main Street/ S-12-1 02 August 12 , 2015 The applicant has worked with the property owner to address the Planning Commission 's concerns for the front terrace while addressing the property owner's long term needs for the property. While the application maintains a terrace on the front of the building, the terrace was reduced from 345 square feet (sq. ft.) down to 184 sq. ft. (120 sq . ft . subtracting the planter). In addition, the terrace is now proposed behind a 5'6" brick wall integrated into the front fa9ade of the building. The applicant is proposing a raised planter on the inside of the terrace wall for a hedge that is intended to be maintained at a height above the wall to provide additional screening. The applicant has changed the terrace sliding doors to a French door system and used a standing metal seam roof to transition from the first floor to the second floor terrace which is an element used on the adjacent Beckwith Building. Since the original elevations were reviewed by the Consulting Architect, staff forwarded the revised elevations for his consideration. Staff also conveyed the Commission's direction and concerns. The Consulting Architect had the following suggestions: • Remove the proposed hedge and keep any landscaping below the wall, with the exception of vines or small potted trees. • If additional screening is desired, raise the height of the wall by a foot with a consistent trim cap/detail. • If additional screening isn't necessary , reduce the height ofthe wall to improve the feel of the space from the interior. The applicant is amenable to removing the hedge and requests that the proposed terrace wall not be raised. Staff understands that the applicant and his contractor have been working with the adjacent neighbor to continue to address any logistical concerns they have in regards to construction of the proposed project. CONCLUSION AND RECOMMENDATION: A. Conclusion Due to the constraints of the site with the location of the kitchen exhaust and Highway 17 at the rear of the building, the property owner is requesting that the Planning Commission consider the proposed revisions to address the concerns raised by the Commission while still providing a usable outdoor space for the residence at the front of the unit. Staff believes the applicant has addressed the Commission 's concerns and for this reason recommends approval of the revised project with the removal of the proposed hedge. Planning Commission Staff Report-Page 4 25 E. Main Street/ S-12-102 August 12 , 2015 B. Recommendation If the Commission determines the revisions adequately address its concerns, staff recommends the Commission take the following actions to approve the Architecture and Site Application: 1. Find that the proposed project is categorically exempt, pursuant to Section 15303 of the California Environmental Quality Act as adopted by the Town (Exhibit 2); and 2. Make the required considerations as required by Section 29.20.150 of the Town Code for granting approval of an Architecture and Site application (Exhibit 2); and 3. Approve Architecture and Site Application S-12-1 02 subject to the conditions contained in Exhibit 11 and the Development Plans contained in Exhibit 13. Alternatively the Commission may take one of the following actions: 1. Modify Conditions of Approval in Exhibit 11 as appropriate and approve the application as outline above; or 2. Continue the application to a date certain with direction to staff and the applicant; or 3. Deny the Architecture and Site application. Prepared by: Marni F. Moseley, AICP Associate Planner LRP:MFM:cg Approved by: Laurel R. Prevetti Assistant Town Manager/ Director of Community Development cc: Flury Bryant Design Group, 15951 Los Gatos Boulevard, Suite #1, Los Gatos CA 95032 25 East Main Los Gatos LLC , 25 E. Main Street, Los Gatos CA 95030 N:\DEV\PC REPORTS\2 0 15\E. Main-25-8 .12 .docx CONDITIONS OF APPROVAL-August 12,2015 25 E. Main Street Architecture and Site Application S-12-102 Requesting approval to construct a new second story addition to a commercial space (I Gatti Restaurant) for separate living quarters on property zoned C-2. APN 529-28-037. PROPERTY OWNER: AI Mansoorian APPLICANT: Bob Flury-Flury Bryant Design 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 p lans. Any changes or modifications to the approved plans shall be approved by the Community Development Director, DRC or the Planning Commission depending on the scope of the changes. 2. EXPIRATION OF APPROVAL : The Architecture and Site application will expire two years from the date of approval (August 12, 20 17) unless the approval is used before expiration. Section 29.20.335 defines what constitutes the use of an approval granted under the Zoning Ordinance. 3. STORY POLES: The story poles on the project site shall be removed within 30 days of approval of the Architecture and Site application. 4. ARBORIST REQUIREMENTS: The developer shall implement, at their cost, a ll recommendations the Arborist report provided by Mayen Tree Company, dated March 19 , 2015, on file in the Community Development Department. A Compliance Memorandum shall be prepared and submitted with the bui lding permit app lication 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. 5. GENERAL: All existing trees shown on the plan , and tree s required to remain or to be p lanted are specific subjects of approval of this plan, and must remain on the site. 6. RECYCLING : All wood, metal , glass and aluminum materials generated from the demolis hed structure shall be depo s ited to a company which will recycle the materials. Receipts from the company(s) accepting these materials , noting type and wei ght of material , shall be submitted to the Town prior to the Towns demolition ins pection. 7. T OWN INDEMNITY: Applicants are notified that Town Code Section 1.10.115 requires that any applicant who recei ves a permit or entitlement from the Town shall defend , indemnify, and hold harmless the Town and its officials in any action brought by a third party to overturn, set aside, or void the permit or entitlement. This requirement is a condition of approval of all such permits and entitlements whether or not expressly set forth in th e approval. Building Division 8. P ERMITS REQUIRED : A building permit shall be required for the construction of the new s ingle famil y resi denc e. Separate permits are required for electrical , mechanical, and plumbing work as necessary. EXWBII 11 9. CONDITIONS OF APPROVAL: The Conditions of Approval must be blue-lined in full on the cover sheet of the construction plans. A Compliance Memorandum s hall be prepared and submitted with the building permit application detailing how th e Conditi ons of Approval will be addressed . l 0. SIZE OF PLANS: Four sets of construction plans , maximum s ize 24" x 36". l I. TITLE 24 ENERGY COMPLIANCE: All required California Title 24 Energy Compliance Forms must be blue-lined, i.e. directly printed , onto a plan sheet. 12. BACKWATER VALVE: The scope of this project may require the installation of a s anitary 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 in stallation. The Town of Los Gatos Ordinance and West Valley Sanitation District (WVSD) req uires backwater valves on drainage piping serving fixtures that have flood level rim s less th an 12-inches above the elevation of the next up stream manho le. 13. HAZARDOUS FIRE ZONE: The project requires a Class A Roof assem bly. 14. WILDLAND-U RBAN INTERFACE: This project is located in a Wildland-Urban Interfac e Fire Area and must comply with Section R3 27 of the 2010 California Residential Co de. 15. SPECIAL INSPECTIONS: When a s pecial inspection is required b y CBC Section 1704, the a rchitect 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 fr om the Building Divis ion Service Counter or online at www.losgato sca.gov/b uildi ng 16. BLUE PRINT FOR A CLEAN BAY SHEET: The Town standard Santa Clara County Va lley Nonpoint Source Pollution Co ntrol Program Sheet (24x36) shall be part of the plan submittal as the second page. The specification sheet is available at the Building Di vis ion Service Counter for a fee of $2 or at San Jose Blue Print for a fee or online at www.losgato sca.gov/building 17. APPROVALS REQUIRED: T he project requires the fo llowing departments and agencies a pproval before i ssuin g a building permit: a. Co mmunity Development -Pl anning Divi sion: M ami Moseley (408) 354-6802 b. Engi neering/Parks & Public W o rk s Department: Mike Weisz (408) 354-5236 c. Santa Clara County Fire Department: (408) 378-4010 d. West Valley Sanitation Di strict: (408) 378-2 407 e . Local School District: The Town will forw a rd the paperwork to the appropriate sch ool district(s) for processing. A copy of the p aid receipt is required pri or to permit Issuance. f. Bay Area Air Quality Management Di strict: ( 415) 771-6000 18. ADVISORY COMMENTS: a. The rear exterior exit stairway is required to be 10 feet fro m the adjacent property line per CBC Section l 026.5. A landing will need to be provided at 10 fee t from the property line and the stairw ay tum and return in the opposite di rect io n . b. Structural eleme nts required to s upport the new Upper Floor Level w hi ch al ter the Lower Floor Level will req uire the Lower Floor Level to provide Accessibility upgrades as required by CBC Section 11 B-202 Alterations to Ex isting Buildings. Per C B C Section 11 B-202.4.8., 20% of th e cos t of the Alterations to the Lower Floor Level must be spent on providing access ibility e lements that will p rovi de the greatest ac cess to the area of alterations starting with an accessible entrance, an accessible route to the altered area, followed by one accessible restroom for each sex. c. Application must be made for a separate address for the new dwelling unit. d. The maximum Common Path of Egress Travel for an un-sprinklered mixed occupancy building is 75 feet. It may be necessary to provide an automatic fire sprinkler system throughout the Lower Floor Level as well so that the maximum allowable Egress Travel distance can be increased to the needed 125 feet. e. It will need to be clarified whether the Lower Floor Level is a B or an A-2 Occupancy. f. The hori zo ntal separation (horizontal assembly rating) between the R-3 Re sidenti al Occupancy above and the Restaurant Occupancy below will be required to be 2 hours if the Lower Floor Level is not provided with fire sprinklers or 1 hour if fire sprinklers are installed per CBC Table 508.4. g. Per CBC Table 1021.2(1), 2 exits will be required from the R-3 Residential Occupancy on the Upper Floor Level if the building is not equipped throughout with an automatic fire sprinkler system. TO THE SATISFACTION OF THE DIRECTOR OF PARKS & PUBLIC WORKS: Engineering Divis ion 19. GENERAL. All public improvements shall be made according to the latest adopted Town Standard Drawings and the Town Standard Specifications. 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 a special 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. 20. 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), SBC, Comcast, Santa Clara Valley Water District, California Department of Transportation. Copies of any approvals or permits must be submitted to the Town Engineering Department prior to releasing of any permit. 21. PUBLIC WORKS INSPECTIONS. The developer or hi s 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. 22. RESTORATION OF PUBLIC IMPROVEMENTS. The developer shall repair or replace all existing improvements not designated for removal that are damaged or removed becau se of developer's operations . Improvements such as, but not limited to: curbs, gutters , sidewalks, driveways , signs, pavements, raised pavement markers, thermoplastic pavement markings, etc. shall be repaired and replaced to a condition equal to or better than the original condition. 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. Developer shall request a walk-through with the Engineering Construction Inspector before the start of construction to verify existing conditions. 23. SITE SUPERVISION. The General Contractor shall provide qualified supervision on the job site at all times during construction 24. 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. 25. PLAN CHECK FEES. Plan check fees shall be deposited with the Town prior to plan review at the Engineering Division ofthe Parks and Public Works Department 26. INSPECTION FEES. Inspection fees shall be deposited with the Town prior to issuance of any P ermit or recordation of the Final Map. 27. DESIGN CHANGES. Any proposed changes to the approved plans shall be subject to the approval of the Town prior to altered work is started. The Applicant Project Engineer shall notify, in writing, the Town Engineer at least 72 hours in advance of all the propo sed changes. Any approved changes shall be incorporated into the final "as-built" plans. 28. PARKING. Any proposed parking restriction must be approved by The Town of Los Gatos, Community Development Department. 29. CONSTRUCTION EASEMENT. Prior to the issuance of a building permit, it shall be the sole responsibility of the owner/applicant to obtain any and all proposed or required easements and/or permi ss ions necessary to perform the construction herein proposed. Proof of agreement/approval is required prior to issuance of any Permit. 30. SURVEYING CONTROLS. Horizontal and vertical controls shall be set and certified by a licensed surveyor or regi stered civil engineer qualified to practice land surveying, for the following items: a. Retaining wall--top of wall elevations and locations b. Toe and top of cut and fill slopes 31. PRECONSTRUCTION MEETING. Prior to issuance of any permit or the commencement of any site work, the general contractor shall: Along with the project applicant, attend a pre-construction meeting with the Town Engineer to discuss the project conditions of appro val , working hours, site maintenance and other construction matters; Acknowledge in writing that they have read and understand the project conditions of approval, and will make certain that all project s ub-contractors have read and understand them prior to commencing work and that a copy of the project conditions of approval will be posted on site at all times during construction. 32. RETAINING WALLS. A building permit, issued by the Building Department at 110 E. Main Street, may be required for site retaining walls. Wall s are not reviewed or approved by the Engineering Di visio n of Parks and Public Works during the grading permit plan revtew process. 33. SIDEWALK REPAIR. The developer shall repair and replace to existing Town standard s any sidewalk damaged now or during construction of this project. Sidewalk repair shall match existing color, texture and design, and shall be constructed per Town Standard Details. The limits of sidewalk repair will be determined by the Engineering Construction Inspector during the construction phase of the project. 34. CURB AND GUTTER. The developer shall repair and replace to existing Town standards any curb and gutter damaged now or during construction of this project. New curb and gutter shall be constructed per Town Standard Details. The limits of curb and gutter repair will be determined by the Engineering Construction Inspector during the construction phase of the project. 35. CONSTRUCTION TRAFFIC. All construction traffic and related vehicular routes shall be submitted for review and approval by the Town Engineer prior to issuance of permit. 36. TRAFFIC IMPACT MITIGATION FEE (RESIDENTIAL). The developer shall pay a proportional the project's share of transportation improvements needed to serve cumulative development within the Town of Los Gatos. The fee amount will be based upon the Town Council resolution in effect at the time the building permit is issued. The fee shall be paid before issuance of a building permit. The final fee shall be calculated form the final plan s using the rate schedule in effect at the time the building permit is issued. 37. PRECONSTRUCTION PAVEMENT SURVEY. Prior to issuance of a Building Permit, the project Applicant shall complete a pavement condition survey documenting the extent of existing pavement defects using a 35-mm or digital video camera. The survey shall extend from the East Main Street up along the private access . The results shall be documented in a report and submitted to the Town for review. 38. POSTCONSTRUCTION PAVEMENT SURVEY. The project Applicant will complete a pavement condition survey to determine whether road damage occurred as a result of project construction. Rehabilitation improvements required to restore the pavement to pre- construction condition shall be determined. The results shall be documented in a report and submitted to the Town for review and approval. The Applicant shall be responsible for completing any required road repairs prior to final sign off of the building permit. 39. CONSTRUCTION STREET PARKING. No vehicle having a manufacture's rated gross vehicle weight exceeding ten thousand (1 0,000) pounds s hall 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. 40. TRAFFIC CONTROL PLAN. The project sponsor will be required to work with the Engineering Division of the Parks and Public Works Department to develop a traffic control plan for incorporation into the construction bid documents (specifications), and thi s plan wi ll include, but not be limited to , the following measures : a. Cons truction activities shall be strategically timed and coordinated to minimiz e traffic disruption for schools, residents , businesses, special events, and other projects in the area. The schools located on the haul route shall be contacted to help with the coordination of the trucking operation to minimize traffic di sruption. b . F lag perso ns shall be placed at locations necessary to control one-way traffic flow. All flag persons shall have the capability of communicating with each other to coordinate the operation for deliveries and backing deliver trucks in and out of the site. c. Temporary crosswalks. d. Prior to construction, advance notification of all affected res idents and emergency services shall be made regarding one-way operation, specifying dates and hours of operation. 41. CONSTRUCTION NOISE. Between the hours of 8:00 a.m . to 8:00 p.m., weekdays and 9:00 a.m. to 7:00 p.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. Ifthe device is locat ed with in a structure on the property, the measurement shall be made at distances as close to twenty-five (25) feet from the device as po ssi ble. The noi se level at any point outside of the property plane shall not exceed eighty-five (85) dBA. 42. CONSTRUCTION MANAGEMENT PLAN. The Applicant shall submit a construction management plan that shall incorporate at a minimum the Earth Movement Plan, Traffic Control Plan, Project Schedule, site security fencing, employee parking, construction staging area, construction trailer, and proposed outhouse locations. a. No parking of any construction vehicles, contractors personal truck s will be allowed in the public right of way on East Main Street. b. Deliveries of construction materials are limited to Mondays from 9:00 am -11 :OOam. c. Provide a preliminary construction schedule to the Engineering Inspector. 43. WVSD (West Valley Sanitation District). Sanitary sewer lateral s are televised by West Valley Sanitation District a nd approved by the Town of Los Gatos before they are used or reused. Sanitary Sewer Clean-out is required for each property at the property line or location specified by the Town. 44. SANITARY SEWER BA CKWATER VALVE. Drainage piping serving fixtures which have flood level rims less than twelve (12) inches (304.8 mm) above the elevation of the next upstream manhole and/or flusing inlet cover at the public or private sewer system serving such drainage piping shall be protected from backflow of sewage by installing an approved type backwater va lve. Fixtures above s uch elevation shall not discharge through the backwater valve, unle ss first approved by the Administrative. The Town shall not incur any liability or responsibility for damage resulting from a sewer overflow where the property owner or other person has failed to install a backwate r valve as defined in the Uniform Plumbing Code adopted by the Town and maintain such device in a functional operati on condition. Evidence of West Sanitation District's decision on whether a backwater device is needed shall be provided prior to issuance of a building permit. 45. BEST MANAGEMENT PRACTICES (BMP's). The applicant is responsible for ensuring that a ll contractors are aware of all storm water quality measures and such measures are implemented. Best Management Practices (BMPs) shall be maintained and be placed for all areas that have been graded or di sturbed and for all material, equipment and/or operations that need protection. Removal of BMPs (temporary removal during construction activiti es) shall be placed at the end of each working day. Failure to comply with the construction BMP will result in the iss uance of correction notices, citations, or stop orders. 46. SITE DESIGN MEASURES. All projects must incorporate the following measures to the maximum extent practicable: a. Protect sen sitive areas and minimize changes to the natural topography. b. Minimize impervious surface areas. c. Direct roof downspouts to vegetated areas where feasible. d. Use permeable pavement surfaces where feasible. e . Use landscaping to treat stormwater. 47. 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 soi ls as soon as possible. Further, water trucks shall be present a nd in use at the construction site. All portions of the s ite subj ect to blowing dust sh all be watered as often as deemed n ecessary by the Town , or a minimum of three times daily, or apply (non-toxic) soi l stabilizers o n all unpaved access roads, parking areas, and staging areas at construction si tes 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 s hall 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 basi s 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. 48. 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 ABAG Manual of Standards for Erosion & Sediment Control Measures, 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. 49. 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 surfaces to vegetated areas and use of permeable surfaces. If dry wells are to be used they shall be placed 1 0' minimum from adjacent property line and /or right of way . 50. 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 be washed into the Town's storm drains. 51. OUTDOOR TRASH ENCLOSURES. Outdoor trash enclosures shall be covered and provided with area drains connected to the sanitary sewer per current NPDES requirements. Temporary trash enclosures are exempt from this condition. 52. GOOD HOUSEKEEPING. Good housekeeping practices shall be observed at all times during the course of construction. Superintendence of construction shall be diligently performed 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 a special 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 a special permit is iss ued. 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. 53. NEIGHBORHOOD CONSTRUCTION COMMUNICATION PLAN. The applicant shall initiate a weekly neighborhood e-mail notification program to provide project status updates. The e-mail notices will also be posted on a bulletin board placed in a prominent location along the project perimeter. Town staff shall also be notified with the neighborhood email program too. 54. COVERED TRUCKS. All trucks transporting materials to and from the site shall be covered. TO THE SATISFACTION OF THE SANTA CLARA COUNTY FIRE DEPARTMENT: 55. AUTOMATIC FIRE SPRINKLER SYSTEM REQUIRED. An approved automatic fire sprinkler system is required for the new residence, hydraulically designed per National Fire Protection Association (NFPA) Standard #13D. A State of California licensed fire protection contractor shall submit plans, calculations a completed permit application and appropriate fees to the Fire Department for review and approval, prior to beginning work. 56. PREMISE IDENTIFICATION . Approved addresses shall be placed on all new buildings so they are clearly visible and legible from the right of way. Numbers shall be a minimum of four inches high and shall contrast with their background. N :\DEV\CON DITNS\2015 \E. Main -25.doc f/ury :Bryant :Design (irozgJ_, Inc. July 24, 2015 Planning Commissioners Community Development Department TOWN OF LOS GATOS 110 E. Main Street Los Gatos, Ca 95030 RE: 25 E. Main Street Architecture and Site Application S-12-1 02 Dear Planning Commissioners: RECEIVED JU L ~ 4 rU !~ TO'NN OF LOS GA.TO S PLANNING DIVISION Since the June 1Oth Planning Commission meeting, when the above referenced application was continued , my client and I have worked dili gently toward a des ign solution that not only respond s to the concerns raised by the Com mis sion at that meeting, but also provides a healthy, comfortable, and long-te rm living space for the property owners . We believe that the revised proposal being presented to you i s an elegant contribution to the character of the streetscape on the northern si de of East Main Street, and will harmonize with the hi storical context of neighboring bui ldings. The following is a detailed description of the changes we have made, with background and justification for the direction we have taken. The Commission communicated to u s in June that a terrace facing the street at the seco nd floor was a point of concern. Some of the reasons given for this included the openness of the terrace to the s treet, and the inability to control how the terrace might be used and maintained by future residents. Specifically mentioned were the potential for v isible clutter such as barbeques and patio furniture , over which the Town would have n o control. After much consideration and discussion, my clients have asked that we work toward a solution that addresses the concerns of the Commission, whil e still allowing them to have a private, outdoor living space, albeit much small er and furth er blocked from off-site view than originally proposed, at the front of the living unit. The alternative (having an outdoor living space at the rear of the building) is not appea ling for many reaso ns. These include the freeway noise, the kitchen exhaust equipment that di scharges odors at the right rear secti on of the building, and the proximity to the kitchen se rvice entrance where deliv eries are made and garbage is transported to the dump ster. A lso, the service entrance for the neighboring restaurant, DESIGNERS OF FINE HOMES EXHiBIT 1 2 15951 LOS GATOS BOL'LE\'ARD. Sl;ITE: I, LOS GATOS, CALIFOR:\"IA 95032 T EL: (408) 356-5500 FAX: l408) 356-5115 WWW .FLURYBRYANT.COM Southern Kitchen, faces the alley toward the rear of the building, compounding this issue. These conditions are not conducive to an environment where Mr. and Mrs. Mansoorian can sit outside and peacefully enjoy some fresh air. They plan to live at the property for many years to come, and an outdoor living space is a very high priority for them. Since there is no opportunity for a yard on the property, our only alternative is to locate an outdoor space for them at the front of the building, designed with sensitivity to the charm of the current streetscape. While some of the Commissioners thought that there should be no offset from the facade at the first floor to the second , one Commissioner mentioned that she actually liked this aspect of the original proposal. With all of these considerations in mind, our current proposal is to keep the front line of the building at the second floor where originally proposed, but to reduce the size of the outdoor living space by nearly 50%. Furthermore, the perimeter of the terrace area would be enclosed with a solid brick wall with a height of 5'-6" above the terrace floor. Further screening would be provided by planting a hedge (species to be determined) at the interior perimeter of the terrace that would be groomed to grow above the height of the perimeter wall, capping the brick wall with tasteful greenery. On our Site Section on Sheet 11 of our documents, we have plotted a line of sight from the sidewalk across Main Street looking toward the terrace as proposed. From that vantage point, one would not see the French doors at the front of the living unit , nor could one observe anyone on the terrace. It should also be noted that the sliding door syste m originally proposed at the front of the second floor has been replaced with a more historically correct traditional French door system . Forward of the terrace, we have proposed a roof structure that preserves the current facade at the first floor. This, too, was mentioned at our June meeting as being an important element to preserve. The roof surface would be a standing seam metal roof. Inspiration for this choice of materials was taken from the facade of the Beckwith Building next door, where standing seam metal roofing has been used. After working through the many obstacles that have been presented to them over the past five years working with Town staff and their team of consultants, the Mansoorians were, of course, very disappointed over the setback experienced at our June 1Oth Planning Commission meeting . Our current proposal represents their determination to present an alternative that respects and addresses the Planning Commission's concerns and will contribute to the charm and character of Los Gatos, which they hold so dear.