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Item 04 - 15925 Quail Hill Rd - Staff Report & Exhibits 1-12TOWN OF LOS GATOS PLANNING COMMISSION STAFF REPORT Meeting Date: September 23, 2015 ITEM NO: 4 PREPARED BY: Marni F. Moseley, Associate Planner MM o seley@ los ga tosca.go v APPLICATION NO.: Architecture and Site Application S-14-027 LOCATION : 15925 Quail Hill Road (South side of Shady Lane just west of Drysdale Drive, accessed through a driveway easement at the end of Quail Hill Road) APPLICANT/ PROPERTY OWNER: Kevin Hwang and Sabrina Dong CONTACT PERSON: Sabrina Dong APPELLANT: Brad Krouskup APPLICATION SUMMARY: Consider an appeal of a decision of the Development Review Committee approving an Architecture and Site application to demolish and construct a new single-family residence on property zoned HR-1. APN 527-02-007 RECOMMENDATION: Deny the appeal and uphold the decision of the Development Review Committee to approve the application. PROJECT DATA: General Plan Designation: Hillside Residential , 0-1 dwelling units/acre Zoning Designation: HR-1 -Hillside Residential Applicable Plans & Standards: General Plan; Hillside Parcel Size: Surrounding Area: --· Existing Land Use --North Single-Family East Single-Family 1---- South Single-Family West 1 Single-Family Development Standards & Guidelines 42,525 General Plan Zoning -· -· ___ c_ Hillside Residential 1 HR-l ---Hillside Residential HR-1 ---··---Hillside Residential HR-1 . ---- Hillside Residential HR-1 Planning Commission Staff Report -Page 2 15925 Quail Hill Road/S-14-027 September 23 , 2015 CEQA : FINDINGS: CONSIDERATIONS: ACTION : EXHIBITS: The project is Categorically Exempt pursuant to the adopted Guidelines for the Implementation of the California Environmental Quality Act, Section 15303: New Construction or 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. As required by Section 29 .1 0.09030(e) of the Town Code for the demolition of a single-family residence . As required by the Hillside Development Standards & Guidelines that the project complies with the Hillside Development Standards & Guidelines. That the project is consistent with the Hillside Specific Plan . As required by Section 29.20.150 of the Town Code for granting approval of an Architecture and Site application. The decision of the Planning Commission is final unless appealed within ten days. 1. Location map 2. Required Findings and Considerations 3. Conditions of Approval (eight pages) 4. Project data sheet (one page) 5. Letter of justification and project description (two pages) received January 6, 2015 6. Consulting Architect report (four pages), received June 5, 2015 7. Development Review Committee meeting minutes for July 21, August 11 , and August 18 ,2015 (13 pages) 8. Easement documents provided by Appellant 9. Easement documents provided by Applicant 10 . Letter from Applicant's attorney, received August 18, 2015 II. Correspondence from Appellant 's consultant, John Livingstone, and staffs responses ( 15 pages) 12 . Appea1letter (one page), received August 20,2015 13. Additional materials submitted by the Appellant, received August 15,2015 (82 pages) 14. Development Plans (nine sheets), received June 26 , 2015 Planning Commission Staff Report-Page 3 15925 Quail Hill Road/S-14-027 September 23 ,2015 BACKGROUND : The applicant began working with the Town regarding redeveloping their property prior to purchasing it in late 2013 . The project scope and design changed several times due to undocumented utility easements and input from neighbors. The applicant has worked with her neighbors and staff to try to address site and design issues . The current application scope is to remodel and add to the existing residence to the extent that the proposed project would be considered a demolition. The proposed residence is predominantly a single story home with a daylighted cellar at the rear of the residence. Staff began meeting with a neighbor (now the appellant) and his consultant in May of 2015 . Staff provided information to the appellant regarding appropriate access and development of the property based on the Town 's Hillside Development Standards and Guidelines. Staff encouraged the appellant to provide his concerns to staff in writing to allow the applicant to consider ways to address their concerns. Such a letter was not submitted . Instead staff received two letters from the appellant's consultant requesting information regarding staffs review of the application on August 11 and August 18, 2015. The consultant's letters along with staffs responses are included in Exhibit 11 . The application was considered by the Development Review Committee over the course of three meetings : July 21, August 11 , and August 18 , 2015 (Exhibit 7). The Committee continued the item from the July 21, 2015 meeting to provide the applicant time to have her surveyor further document the location of the existing easements to access the site. The Committee considered the application again on August 11, 2015 and continued the item based on a title report provided by the appellant at the meeting which provided different easement information from the two title reports provided by the applicant. The continuance was granted to allow the applicant 's title companies to review the discrepancies in the reports. The Town Attorney determined that despite the discrepancies in the reports, the property has legal ingress and egress. The application was complete and could be considered for approval with a condition that prior to occupancy the improved driveway be located within an appropriately defined access easement. The application was approved by the Development Review Committee on August 18, 2015. The application was appealed on August 20, 2015. Planning Commission Staf f Report -Page 4 15925 Quail Hill Road/S-14-027 September 23, 2015 PROJECT DESCRIPTION: A. Location and Surrounding Neighborhood The project site is located on the south side of Shady Lane just west of Drysdale Drive and is accessed through a driveway easement at the end of Quail Hill Road (E xhibit 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 total proposed floor area for the residence and garage is within the allowable floor area for the property and the proposed residence complies with the setback and height requirements of the HR-1 zone. While the Town Code allows a maximum height of30 feet in the HR zone, the Hillside Development Standards and Guidelines (HDS&G) is more restrictive with a 25-foot height maximum. A single-family residence is a permitted use in the HR zone. The site also contains a legal second unit located to the rear of the residence. ANALYSIS : A. Architecture and Site The propo sed residence appears one story from the street and steps down to two stories at the rear elevation. The proposed 641 square foot cellar is exempt and is not included in the floor area total. The residence was designed taking into consideration the neighborhood and the constraints of the site. As discussed below the proposed residence would be compatible with the immediate neighborhood in regards to size and floor area. A color and material board will be displayed at the meeting. The Town 's Architectural Consultant reviewed the plans and visited the site. The consultant recommended several detail changes (Exhibit 6) which the applicant implemented in the final development plans (Exhibit 14). Story poles were placed on the site prior to the Development Review Committee meeting to aid in the review of the project. The project is in compliance with the HDS&G inclusive of grading and drainage criteria, allowable fl oor area and architectural and landscape design. General project data are included in Exhibit 4. Planning Commission Staff Report-Page 5 15925 Quail Hill Road/S-14-027 September 23 , 2015 B. Neighborhood Compatibility Based on Town and County records, the residences in the immediate neighborhood range in size from 1,812 square feet to 6,243 square feet. The FAR ranges from 0 .02 to 0.11. The applicant is proposing a 4 ,577-square foot home (Including garage but not cellar) on a 42,525-square foot parcel (0 .1 0 FAR). The maximum allowed square footage for the lo t is 4 ,900 square feet (including garage). The Neighborhood Analysis table below reflects the current conditions in the immediate neighborhood. House ADDRESS House Garage and garage Lot size FAR 15951 Quail Hill Road 4 ,075 470 4 ,545 50,094 0.08 15941 Quail Hill Road 4 ,393 557 4,950 43 ,273 0.11 15925 Quail Hill Road {E) 2,766 602 3,368 42,525 0.07 15925 Quail Hill Road .. (!»). 3,870 707 4,577 42,~25 0.10 15921 Quail Hill Road 4 ,166 583 4,749 41 ,382 0.11 15920 Quail Hill Road 2 ,784 517 3,301 40,120 0.07 15930 Quail Hill Road 2,074 528 2,602 45 ,738 0.05 15970 Quail Hill Road 5,107 811 5,918 57,064 0 .10 15971 Quail Hill Road 2,985 1,436 4,421 57,065 0.07 1 00 Drysdale Drive 2,472 816 3,288 41 ,382 0.07 110 Drysdale Drive 3,990 910 4,900 42 ,680 0.11 130 Drysdale Drive 4,483 666 5,149 57,064 0 .08 107 Drysdale Drive 4,711 712 5,423 79,279 0 .06 15820 Shady Lane 1,428 384 1,812 60,113 0.02 1 04 Angel Court 5,043 1200 6,243 105,489 0.06 C. Tree Impacts The applicant is proposing to remove six protected trees, all except one of th e trees are less than 10 inches in diameter, and all are of low to poor hea lth according to the Town Arborist , Rob Moulden, who visited the site and reviewed the proposed development plans . The applicant will provide the required canopy replacement per Town Code standards. Planning Commission Staff Report-Page 6 15925 Quail Hill Road/S-14-027 September 23,2015 D. Environmental Review The project is Categorically Exempt pursuant to the adopted Guidelines for the Implementation of California Environmental Quality Act, Section 15303: New Construction or Conversion of Small Structures. E. Development Review Committee The Development Review Committee (DRC) held three public hearings for the proposed application on July 21 , August 11 , and August 18 , 2015 (Exhibit 7). Written public hearing notices were sent to surrounding property owners and tenants (minimum of 30) prior to the July 21, 2015 meeting. Mr. Krouskup and his wife Dana were present at the DRC hearings along with their consultant Mr. Livingstone. The concerns raised by the neighbors were primarily in regards to the ingress/egress easement over their property. Two additional concerns were mentioned in regards to the proximity of the residence to their home and the height of the proposed residence. Staff and the applicant discussed changes that had already been considered and or implemented to reduce the impact of the proposed residence on the adjacent neighbors including keeping the home as a single story. The applicant was unable to offer any additional solutions to increase the setback from the neighbor 's property or to further reduce the 19-foot tall proposed residence. On August 18, 2015, the DRC found that the application was complete and in compliance with the HDS&G . The DRC approved the application subject to the conditions provided in Exhibit 3. F. Appeal The application was appealed by Mr. Krouskup (Exhibit 12). The appellant's reasons for the appeal are: 1) Significant negative impact on their adjoining property; 2) The proposed new development does not comply with the Hillside Development Standards; 3) The new development does not comply with Los Gatos Hillside Specific Plan; and 4) The proposed new development relies on ingress/egress across their adjoining property, of which there is no legal easement supporting the required access. No specifics were given as to how the application does not comply with the HDS&G or the Hillside Specific Plan. Staff has discussed with the appellant and the applicant the standard conditions regarding construction management and how the applicant could agree to reduce Planning Commission Staff Report -Page 7 15925 Quail Hill Road/S-14-027 September 23,2015 their construction hours and address additional construction concerns the neighbor had , but no specifics were requested by the appellant. The site has contained a single family residence since 1957 , and the second unit was legalized in 1986. The proposed modifications would improve but retain the single family residence, no modifications are proposed to the legal second unit. As discussed in the background section of the report , the site has legal ingress/egress rights over Mr. Krouskup's propet1y ; however, the easement lacks a defined width. Current Town standards would require a 20-foot easement for this type of access. The existing paved access varies from approximately 15 feet to 30 feet in width. The Santa Clara County Fire Department has reviewed the existing access and approved its continued use for the proposed project. CONCLUSION AND RECOMMENDATION : A. Conclusion The project IS m compliance with the HDS&G and the Hillside Specific Plan. The proposed residence is appropriately designed for the neighborhood and site constraints and would be compatible with the surrounding homes. While the language within the easement may need to be defined, according to the Town Attorney, this is a civil matter and not a sufficient reason for denying or delaying the application. According to all documents provided by the applicant and the appellant, the site has legal ingress/egress rights. Staff recommends that the application be approved as outlined in the recommendation section below. B . Recommendation Staff recommends that the Planning Commission take the following actions to deny the appeal, uphold the decision of the DRC and approve the Architecture and Site application: 1. Find that the project is Categorically Exempt pursuant to the adopted Guidelines for the Implementation of the California Environmental Quality Act, Section 15303: New Construction or Conversion of Small Structures (Exhibit 2); and 2. Make the required findings as required by Section 29.10.09030(e) of the Town Code for granting approval of a demolition of a single-family residence (Exhibit 2); and 3. Make the finding that the project complies with the Hillside Development Standards and Guidelines (Exhibit 2); and 4. Make the finding that the project complies with the Hillside Specific Plan (Exhibit 2); and 5. Make the required considerations as required by Section 29.20.150 of the Town Code for granting approval of an Architecture & Site application (Exhibit 2); and 6. Approve Architecture and Site Application S-14-027 with the conditions contained in Exhibit 3 and development plans attached as Exhibit 14. Planning Commission Staff Report -Page 8 15925 Quail Hill Road/S-14-027 September 23 , 2015 Alternatively, the Commission may take one of the following actions: 1. Grant the appeal and remand the application to the DRC with direction for revi sions ; or 2. Modify the conditions of approval in Exhibit 3 as deemed appropriate; or 3. Continue the application to a date certain with direction to staff and the applicant for desired r ev isions; or 4. Grant the appeal and d eny the Architecture a nd Site application . Prepared by: Mami F. Moseley, AICP Associate Planner LRP:MFM :c g pproved by: aurel R. Prevetti Town Manager/ Community Development Director cc: Sabrina Dong, 15925 Quail Hill Road, Los Gatos CA 95032 Brad Krou skup, 15921 Quail Hill Road, Los Gatos CA 95032 N :\DEV \PC RE PORTS\2015\Quail Hi ll -15925-appeal.doc 15925 Quail Hill Road .EXHIBIT 1 This Page Intentionally Left Blank REQUIRED FINDINGS & CONSIDERATI ONS FOR: September 23, 2015 15925 Quail Hill Road Architecture and Site Application S-14-027 Requesting approval to demolish an existing single-family residence and to construct a new single-family residence on property zoned HR-1. APN 527-02-007. PROPERTY OWNER/APPLICANT: Kevin Hwang and Sabrina Dong FINDINGS Required fmding for CEQA: The project is Categorically Exempt pursuant to the adopted Guidelines for the Implementation of the California Environmental Quality Act, Section 15303 : New Construction or Conversion ofSmall Structures. Required fmdings for demolition: As required by Section 29.10.09030(e) of the Town Code for the demolition of a single family residence: 1. The Town's housing stock will be maintained as the house will be replaced. 2. The structure has no historic significance. 3 . The property owner does not desire to maintain the structure due to its current condition; and 4. The economic utility of the structure is limited due to its condition. Required Compliance with the Hillside Development Standards and Guidelines: The project is in compliance with the Hillside Development Standards and Guidelines. Compliance with Hillside Specific Plan: The project is in compliance with the Hillside Specific Plan in that the site is developed as a single family residence on an existing parcel. The proposal is consistent with the development criteria included in the plan. CONSIDERATIONS Required considerations in review of applications: As required by Section 29.20.150 of the Town Code, the considerations in review of an architecture and site application were all made in reviewing this project. N:\DEV\FINDINGS\20 15 \Quail hill 15925.doc EXHIBIT 2 This Page Intentionally Left Blank CONDITIONS OF APPROVAL-September 23, 2015 15925 Quail Hill Road Architecture and Site Application S-14-027 Requesting approval to demolish an existing single-family residence and to construct a new single-family dwelling on property zoned HR-1. APN 527-02-007. Property Owner/Applicant: Kevin Hwang and Sabrina Dong TO THE SATISFACTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT: Planning Division 1. APPROVAL: This application shall be completed in accordance with all of the conditions of approval and in substantial compliance with the approved plans . Any changes or modifications to the approved plans shall be approved b y the Community Development Director or the Planning Commission/Town Council, depending on the scope of the changes. 2. EXPIRATION OF APPROVAL: The Architecture and Site application will expire two years from the date of approval (September 23, 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 & Site application. 4. EXTERIOR COLORS: The exterior colors of all structures shall comply with the Hillside Development Standards & Guidelines (earthtone colors with a light reflectivity value of30 or less). 5. DEED RESTRICTION: Prior to the issuance of a building permit, a deed restriction shall be recorded by the applicant with the Santa Clara County Recorder's Office that requires all exterior materials be maintained in conformance with the Town 's Hillside Development Standards & Guidelines. 6. SALVAGE OF BUILDING MATERIALS: Prior to the issuance of a demolition permit, the developer shall provide the Planning Director with written notice of the company that will be recycling the building materials. All wood, metal, glass, and aluminum materials generated from the demolished structure shall be deposited to a company which will recycle the materials. Receipts from the company(s) accepting these materials, noting the type and weight of material s, shall be submitted to the Town prior to the Town's demolition inspection. 7. GENERAL: All existing trees shown on the plan and trees required to remain or to be planted are specific subjects of approval of thi s plan, and must remain on the site. 8. TREE STAKING: All newly planted trees shall be double-staked using rubber tree ties. 9. TREE FENCING: Protective tree fencing shall be placed at the drip line of existing trees prior to issuance of demolition and building permits and shall rem ai n through all phases of construction. Fencing shall be six foot high cyclone attached to two-inch diameter steel posts driven 18 inches into the ground and spaced no further than I 0 feet apart. Include a tree protection fencing plan with the construction plans. 10 . OUTDOOR LIGHTING: Exterior lighting shall be kept to a minimum, and shall be down directed fixtures that will not reflect or encroach onto adjacent properties. No flood lights shall be used unless first approved by the Planning Divi s ion . The outdoor lighting plan can be reviewed during building plan check. Any changes to the lighting plan shall be approved by the Planning Di vision prior to installation. EXHIBIT 3 11. 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 official s in any act ion brought by a third party to overturn, set aside, or void the permit or entitlement. This requirement is a condition of approval of all such permits and entitlements whether or not expressly set forth in the approval. Building Div ision 12. PERMITS REQUIRED: A building permit shall be required for the demolition of portions of the existing single family residence and the construction of new single- family residence alterations and additions to the existing single-family residence. Separate permits are required for electrical, mechanical, and plumbing work as necessary. 13. CONDITIONS OF APPROVAL: The Conditions of Approval must be blue-lined in full on the cover sheet of th e construction plans. A Compliance Memorandum shall be prepared and submitted with the building permit application detailing how the Conditions of Approval will be addressed . 14. SIZE OF PLANS : Four sets of construction plans, minimum size 24" x 36", maximum size 30" x 42 ". 15 . SOILS REPORT : A Soils Report , prepared to the satisfaction of the Building Official, containing foundation and retaining wall design recommendations, shall be submitted with the building permit application. This report shall be prepared by a licensed Civil Engineer specializing in soils mechanics. As an alternate, the necessary foundation elements can be designed by a licensed Civil Engineer to the minimum requirements of Chapter 4 of the 2013 California Residential Code. 16. FOUNDATION INSPECTIONS: A pad certificate prepared by a licen sed civil engineer or land surveyor shall be submitted to the project building inspector at foundation ins pection. This certificate shall certify compliance with the recommendations as specified in the soils report and that the building pad elevation and any on-site r etaining wall locations and elevations have been prepared according to the approved plans. Hori zontal and vertical controls shall be set and certified by a licensed surveyor or registered civil engineer for the following items: a. Building pad elevation b. Finish floor elevation c. Foundation corner locations d . Retaining Walls 17. TITLE 24 ENERGY COMPLIANCE: All required California Title 24 Energy Compliance Forms must be blue-lined, i.e. directly printed onto a plan sheet. 18. 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 in stallation. 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. 19 . TOWN FIREPLACE STANDARDS: New wood burning fireplaces shall be an EPA Pha se II approved appliance as per Town Ordinance 1905 . Tree limbs shall be cut within 10-feet of Chimney. 20. HAZARDOUS FIRE ZONE: The project requires a Class A Roof as sembly. 21. WILDLAND-URBAN INTERFACE: This project is located in a Wildland-Urban Interface Fire Area, however only new buildings must comply with Section R327 of the 2010 California Residential Code. Additions and Remodels are not required to comply with Section R327 at this time. 22. 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 . 23. PRIOR TO FINAL INSPECTION : Provide a letter from a California licensed Landscape Architect certifying the landscaping and vegetation clearance requirements have been completed per the California Public Resources Code 4291 and Government Code Section 51182. 24. 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 iss uance 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 .l os gato s ca.gov/building 25. 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 availab le at the Building Division Service Counter for a fee of $2 or at San Jose Blue Print for a fee or online at www .lo s gatosca. gov/buildi ng. 26 . APPROVALS REQUIRED: The project requires the following departments and agencies approval before issuing a building permit: a. Community Development-Planning Division b. Engineering/Parks & Public Works Department c. Santa Clara County Fire Department d. West Valley Sanitation District e . Local School District: The Town will forward the paperwork to the appropriate school district(s) for processing. A copy of the paid receipt is required prior to permit issuance. TO THE SA TFISF A TION OF THE DIRECTOR OF PARKS &PUBLIC WORKS: Engineering Division 27. 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. 28 . APPROVAL: This application shall be completed in accordance wi th 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. 29. 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 Department prior to releasing of any permit. 30. PUBLIC WORKS INSPECTIONS: The developer or his 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. 31. RESTORATION OF PUBLIC IMPROVEMENTS: The developer shall repair or replace all existing improvements not designated for removal that are damaged or removed because 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 . 32. SITE SUPERVISION: The General Contractor shall provide qualified supervision on the job site at all times during construction 33. 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 34. INSPECTION FEES. Inspection fees shall be deposited with the Town prior to issuance of any Permit or recordation of the Final Map. 35. DESIGN CHANGES: Any proposed changes to the approved plans shall be subject to the approval of the Town prior to alter work is started . The Applicant Project Engineer shall notify, in writing, the Town Engineer at least 72 hours in advance of all the proposed changes. Any approved changes shall be incorporated into the final "as-built" plans. 36. GRADING PERMIT: Grading permit may be/is required for all site grading and drainage work except for exemptions listed in Section 12.20.015 of the Town Grading Ordinance. The grading permit application (with grading plans) shall be made to the Engineering Division of the Parks & Public Works Department located at 41 Miles A venue. The grading plans shall include final grading, drainage, retaining wall location, driveway, utilities and interim erosion control. Grading plans shall list earthwork quantities and a table of existing and proposed impervious areas. Unless specifically allowed by the Director of Parks and Public Works, the grading permit will be issued concurrently with the building permit. The grading permit is for work outside the building footprint(s). A separate building permit, issued by the Building Department on E. Main Street is needed for grading within the building footprint. 37. CONSTRUCTION EASEMENT : Prior to the issuance of a grading permit, it shall be the sole responsibility of the owner/applicant to obtain any and all proposed or required easements and /or permissions necessary to perform the grading herein proposed. Proof of agreement/approval is required prior to issuance of any Permit. 38. TREE REMOVAL: Copies of all necessary tree removal permits shall be provided prior to issuance of a grading permit/building perm it. 39. 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 40. RETAINING WALLS: A building permit, issued by the Building Department at 110 E. Main Street, may be required for site retaining walls. Walls are not reviewed or approved by the Engineering Division of Parks and Public Works during the grading permit plan review process. 41. SOILS REPORT: One copy of the soils and geologic report shall be submitted with the application. The soils report shall include specific criteria and standards governing site grading, drainage, pavement design, retaining wall design and erosion control. The reports shall be signed and "wet stamped" by the engineer or geologist, in conformance with Section 6735 of the California Business and Professions Code. 42. GEOLOGY AND SOILS MlTIGA TION MEASURE. A geotechnical investigation shall be conducted for the project to determine the surface and sub-surface conditions at the si te and to determine the potential for surface fault rupture on the site. The geotechnical study shall provide recommendations for site grading as well as the design of foundations , retaining walls , concrete slab-on-grade construction, excavation, drainage, on-site utility trenching and pavement sections. All recommendations of the in vestigation shall be incorporated into project plans 43. SOILS REVIEW: Prior to issuance of any permit, the applicant's engineers shall prepare and submit a design-level geotechnical/geological investigation for review and approval by the Town. The applicant's soils engineer shall review the fina l grading and drainage plans to ensure that designs for foundations , retaining walls, site grading, and site drainage are in accordance with their recommendations and the peer review comments. The applicant's soils engineer's approval shall then be conveyed to the Town either by letter or by signing the plans. 44. SOILS ENGINEER CONSTRUCTION OBSERVATION: During construction, all excavations and grading shall be inspected by the applicant 's soils engineer prior to placement of concrete and/or backfill so they can verify that the actual conditions are as anticipated in the design-level geotechnical report, and recommend appropriate changes in the recommendations contained in the report, if necessary. The res ults of the construction observation and testing should be documented in an "as-bu ilt" letter/report prepared by the applicants' soils engineer and submitted to the Town before final release of any occupancy permit is granted. 45. UTILITIES: The Developer shall install all new, relocated , or temporarily removed utility services, including telephone , electric power and all other communications lines underground, as required by Town Code Section 27.50.0 15(b ). All new utility services shall be placed underground. Underground conduit shall be provided for cable television service. Applicant is required to obtain approval of all proposed utility alignments from any and all utility service providers. The Town of Los Gatos does not approve or imply approval for final alignment or design of these facilities. 46. EMERGENCY ACCESS EASEMENT: Prior to the issuing of a certificate of occupancy, the applicant shall perform one of the following: a. Record a new emergency access/ingress-egress easement to encompass the existing driveway between the public right-of-way at Short Road and the subject property (APN 527-02-007). The existing access easement shall be vacated; b. Construct new roadway improvements within the existing emergency access/ingress-egress easement. New improvements shall conform to Santa Clara County Fire Department Standards. 47. FENCING: Any fencing proposed within 200-feet of an intersection shall comply with Town Code Section §23.10.080. 48. SIGHT TRIANGLE AND TRAFFIC VIEW AREA: Any proposed improvements, including but not limiting to trees and hedges, will need to abide by Town Code Section 23.1 0.080, 26.1 0.065 , 29.40.030. 49 . FENCES : Fences between all adjacent parcels will need to be located on the property lines/boundary lines . Any existing fences encroached into the neighbors will need to be removed and replaced to the correct location of the boundary lines. Waiver of this condition will require signed and notarized letters from all affected neighbors . 50. AS-BUILT PLANS: An AutoCAD disk of the approved "as-built" plans shall be provided to the Town prior to issuance of a Certificate of Occupancy. The AutoCAD file shall include only the following information and shall conform to the layer naming convention : a) Building Outline, Layer: BLDG-OUTLINE; b) Driveway, Layer: DRIVEWAY; c) Retaining Wall, Layer: RETAINING WALL; d) Swimming Pool, Layer: SWIMMING-POOL; e) Tennis Court, Layer: TENNIS-COURT; f) Property Line, Layer: PROPERTY-LINE; g) Contours, Layer: NEWCONTOUR. All as-built digital files must be on the same coordinate basis as the Town's survey control network and shall be submitted in AutoCAD version 2000 or higher. 51. CONSTRUCTION STREET PARKING: No vehicle having a manufacture 's rated gross vehicle weight exceeding ten thousand (10,000) 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. 52. 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 4:00p.m. and 6:00p.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. Cover all trucks hauling soil, sand, and other loose debris. 53 . CONSTRUCTION NOISE: Between the hours of 8 :00a.m . to 8:00p.m., weekdays and 9:00a.m. to 7:00p.m. weekends and holidays , construction, alteration or repair activities shall be allowed. No individual piece of equipment shall produce a noise level exceeding eighty-five (85) dBA at twenty-five (25) feet. If the device is located within a structure on the property, the measurement shall be made at distances as close to twenty- five (25) feet from the device as possible. The noise level at any point outside of the property plane shall not exceed eighty-five (85) dBA . 54. BEST MANAGEMENT PRACTICES (BMP's): The applicant is responsible for ensuring that all 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 disturbed and for all material , equipment and/or operations that need protection . Removal of BMPs (temporary removal during construction activities) shall be placed at the end of each working day. Failure to comply with the construction BMP will result in the issuance of correction notices , citations, or stop orders. 55. SITE DESIGN MEASURES: All projects must incorporate the following measures : a. Protect sensitive areas and minimize changes to the natural topography. b. Minimize impervious surface areas . c. Direct roof downspouts to vegetated areas . d. Use permeable pavement surfaces on the driveway, at a minimum . e. Use landscaping to treat stormwater. 56. 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. 57. 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 . 58. 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. 59. 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. 60 . 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 o f 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. TO THE SATISFACTION OF THE SANTA CLARA COUNTY FIRE DEPARTMENT: 61. AUTOMATIC FIRE SPRINKLER SYSTEM REQUIRED. An approved automatic fire sprinkler system is required for the new residence and bam, hydraulically designed per National Fire Protection Association (NFPA) Standard #13D. A State of California licensed fire protection contractor shall submit plans, calculations a completed permit application and appropriate fees to the Fire Department for review and approval , prior to beginning work. 62 . PREMISE IDENTIFICATION . Approved addresses shall be placed on all new buildings so they are clearly visible and legible from the street. Numbers shall be a minimum of four inches high and shall contrast with their background. N:\DEV\CON DITNS\20 15\Quail Hill 15925.doc r . , ' .... ~·L . ,• 1-5925 Qua~ KiD • PROJECT DATA --:.. . .'· ... -. r •. .f PREVIOUS PROPOSED REQUIRED/ PROJECT PROJECT PERMinED Zoning district HR-1 same - Land use Single family Home same - General Plan Designation hillside residential same - L ot size ,•: $ square f eet 42,525 same 40,000 sq . ft . minimum $ acres 1 same .92 acres min imum Exterior material s: . • $ s iding Wood plank ' Stucco and stone - veneer $ trim wood wood - $ windows Aluminum single pane Clad dual pane - $ roofing Roll roofing asphalt concrete tile - Building floor area: $ main floor 1992 3210 $ l ower floor 0 385 4,500 sq. ft. maximum ·$ carport 423 220/464 400 sq. ft . exemption $ cellar 0 380 i exempt $ accessory structur e(s) 774 774 included in FAR $ total (excludi ng cellar) 2766 4833 4,900 sq. ft . maximum Setbacks {ft.): $ front 41.9 . 39.5 30 feet minimum $ r ear 200+ 200+ 25 feet min i mum $ side 18.8 20 20 feet minimum $ s ide 25.9 23.6 20 feet minimum Average slope (%) >30 >30 - Maxi mum height (ft.) 14feet 21 feet 25 feet maximum Building coverage (%) 7.5% 11% no maximum Parking i . garage spaces 2 3 four spaces minimum in uncovered spaces 3 4 addition to two in garage Sew er or septic sewer sewer - N :\OEV\M•mi\A&S\1 S92S Quail H illlprojccldala. wpd EXHIBIT 4 This Page Intentionally Left Blank LETTER OF JUSTIFICATION 15925 Quail Hill Road , Los Gatos, CA RECEIVED ·jAN -B 701" TOV\IN OF LO~ GAT0$ PLANNING Dl'v•3,vi-.J 12/10/2014 I carefully reviewed my client's objectives and town hillside guidelines . I worked closely w ith my clients, and planning staff to be sure the home satisfies everyone's objectives. Client Des ign Guide lines and Objectives • Efficient floor plan design. • Specify durable, low maintenance and fire resistive exterior materials. • Incorporate Feng Shui design principles. • Utilize passive solar design principles for natural light, heating and cooling. Town Design Guidelines and Objectives A.Design Objecti ve • This home maintains the existing foundation to minimize the impact to hillside. • The design is primarily single story with small lower floor built under the extended portion of the home to maintain a one story appearance. • The existing detached guest house will be preserved to maintain the Towns affordable housing objectives . • Add covered and guest parking and improve vehicle backout and turnaround. B. Neighbor Friendly • Impact on adjacent neighbors : • • North : no neighbor (two story elevati on) Sou th : minimal impact because proposed home and carport location and width is the same as existing. East : minimal impact because proposed home and carport locations are similar to ex ist ing. West : minimal impact because proposed home and carport locations are similar to existing . C. Sustainable Design Doors and windows take advantage of summer and winter breezes and provide excellent cross ventilation. Sustainable building materials and practices t hat are cost effective and sui table to the style of this home will be incorporated. EXHIBIT 5 D. Fire Safety • This project will comply with all the strictest hillside fire protection standards and guidelines. E. Height • This project is in compliance w ith all height limits of the Town Hillside Zoning Ordinance . F. Bulk & Mass. • The proposed small lower floor minimizes the bulk and mass and avoids the appearance of a two story home from adjacent properties. G. Roofs • The simple roof design reflects the craftsman style which is my client preferred style and an appropriate architecture for this setting. H. Architectural Elements • Architectural detailing will be consistent on all sides. • No massive, tall or prominent features are proposed for the downhill far;ade . I. Materials & Colors • Fire resistive materials and earth tone colors are proposed for the exterior. Conclusion This project will improve owners quality of life, vehicle access, fire conditions and hillside stability, and enhance the overall neighborhood character. Sincerely Mike Vierhus, Project Architect Lic.#C19155 CDG -CANNON DESIGN GROUP June 5, 2015 Ms. Marni Mosley Community Development Departme nt Town of Los Gatos 110 E. Main Street Los Gatos, CA 95031 RE: 15925 Quail Hill Road Dear Marni: AR CHITECTURE PLANNING URBAN DES IGN I reviewed the drawings, and visited the site. My comments and recommendations are as follows: Neighborhood Context The site is accessed by a long driveway which is shared by one other house located immediately adjacent to the existing house. Other nearby homes are either located at some distance from the site o r are si ted well below this parcel. The site is sh own on the aerial photo below, and photos of the si te and its surroundings are on the following page. 700 LARKSPUR LAND ING C I RCLE. SUITE 199 . LARKSPUR . CA . 94939 EXHIBIT 6 TEL: 4 '15.331.37 95 COGPLAN @ PACBfll.NET [xisting house on the site View to the west V1ew to the east CANNON DES IGN GROUP 1 5925 Quail Hill Road Design Revi ew Commem s June 5 , 2015 Page 2 [xisting house on thf' site and interfc~ce with adja - cent house to the south Immediat e ly adjace n t hou se to the so uth View to the south View to the north 700 LARKSPUR LANDING CIRC LE . SUITE 199 . LARKSPUR . CA . 9493 9 Issues and Concerns 15925 Quail Hill Road Design Review Commenrs June 5, 201 5 Page 3 The proposed renovation and expansion of the existing house o n the site will result in a rather eclectic structure with a multitude of roof forms and orientations. There are some details that suggest a Craftsman Style home, but they are limited, and not ve ry consistent with the forms and detail s that are included on many good examples in the Town of Los Gatos. Some specific issues and recommendations are as follows: 1. The detailing shown on the drawings for gable ends and the entry fall short of what has become the nor m for other homes of this style in Los Gatos. 2. The termination of the stone base at the right side of the front facade without continuing it to the east fa cad e is not consis tent with Residential Design Guidelines 3.2.2 and 3.8.4 which provide guidance on extending front facade materials around all sides of the house and making material and col or changes at inside corners. 3. The overall design would ben efi t from the extension of the ston e base to th e wa ll an d col umn bases at the cov- ered p orch on the west side of the house. This would be increase consistency with Residential Design Guideline 3.2.2. 4. There are areas on the rear facade of the house that would have two-story hig h walls with no articulation to break up the wall s. This is not consistent with Re sidential Design Guideline 3.3 .3. 5. There is a rather chaotic mix of roof forms toward the rear of the house which is not consistent \vith Residential Design Guid eline 3.3.1. Recommendations 1. A dd additional brackets and detailing appropriate to the architectural style. Carry these detail s to the r oof gable ends o n oth er sid es of the hou se. 2. Refine the design an d detailing of th e entry to more closely match the ar chitectural style. 3. Extend the stone base around to the east elevation and carry it to a termination point at an inside corner. 4 . Extend the stone base around to the walls and column bases o f the covered porch. Wrap stone around s i de to wall and column bases for design continuity and compliance with Residential design Guideline 3 .2 .2 CANNON DESI GN GROUP Add brackets and gable detail appropriate to the architectural style Refine entry details to more closely match the architectural style 700 LARKSPU R LANDING CIRC LE . SU ITE 199 . LARKSPUR . CA. 94939 5. Simplify the roof forms consistent with the architectural style. 15925 Quail Hill Road Design Revi ew Comments June 5, 2015 Page 4 6 . Add a trellis or other projecting element on the rear elevation to break up the two-story wall. S implify the roof fo rms consistent with the architectural style Add brackets and gable detail nn1•nnri::.itP tO the architectural Style elevation or element to break up two-story wall See Residential Design Guideline 3.3.3 Marni, please let me know if you have any que stions, or if there are other issues that I did not address. Sincerely, CANNON DESI GN G ROUP Larry L. Cannon CANNON DES IGN GROUP 700 LARKSPUR LANDING CIRCLE . SUITE 199 . LARKSPUR . CA. 94939 TOWN OF LOS GATOS 110 East Main Street, Los Gatos, CA 95032 (408) 354-6874 ___ , _______ , __ _ SUMMARY MINUTES OF A REGULAR MEETING OF THE DEVELOPMENT REVIEW COMMITTEE OF THE TOWN OF LOS GATOS FOR JULY 21,2015 HELD IN THE TOWN COUNCIL CHAMBERS, CIVIC CENTER, 110 EAST MAIN STREET, LOS GATOS, CALIFORNIA. The meeting was called to order at 10:05 a.m. by Chair Machado. ATTENDANCE Members Present: Jenn(fer Savage, Senior Plann er Marni Moseley, Associate Planner Doug Harding, Fire Department Michael Machado, Building Official Mark Glendinning, Building Inspector Ryan Fang, Assistant Civil Engineer Mike Weisz, Associate Civil Engineer PUBLIC HEARINGS ITEM 1: 14325 Mulbeny Drive Architecture and Site Application S-15-002 Requesting approval to demolish an existing pre-1941 single-family residence and to construct a new single-family residence on property zoned R-1 :8. APN 409-15-020. PROPERTY OWNER/APPLICANT: Far Creek Properties, INC . PROJECT PLANNER: Jennifer Savage 1. Chair Machado opened the public hearing. 2 . Staff gave report on proposed project. 3. Applicant was introduced. 4. Members of the public were present: Jess and Val Guy, Mulberry Drive, stated that they feel the project will improve the neighborhood. 5. Public hearing closed. 6. Ry an Fang moved to approve the application subject to the conditions presented with the following findings and considerations: FINDINGS Required finding for CEQA: c 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. EXJ:UBII 'l DRC Minutes July 21,2015 Page2 Required fmding for the demolition of a single-family residence: • As required by Section 29.10.09030(e) of the Town Code for the demolition of a single- family residence: a . The Town's housing stock will be maintained as the single-family residence will be replaced . b . The existing structures have no architectural or historical significance, and are in poor condition. c. The property owner does not desire to maintain the structures as they exist; and d . The economic utility of the structures was not considered. Required Compliance with the Residential Design Guidelines: • The project is in compliance with the Residential Design Guidelines for single-family homes not in hillside residential areas. CONSIDERATI ONS Required considerations in review of Architecture & Site applications: • As required by Section 29.20.150 of the Town Code, the considerations in review of an Architecture and Site application were all made in reviewing this project. 7. Mark Glendinning seconded, motion passed unanimously. 8 . Appeal rights were cited. ITEM2: 15925 Quail Hill Road Architecture and Site Application S-14-027 Requesting approval to demolish an existing single-family residence and to construct a new single-family residence on property zoned HR-1. APN 527-02- 007. PROPERTY OWNER/APPLICANT: Kevin Hwang and Sabrina Dong PROJECT PLANNER: Marni Moseley 1. Chair Machado opened the public hearing. 2. Staff gave report on proposed project. 3 . Applicant was introduced. 4 . Members of the public were present: Bernard and Marcia, I 00 Drysdale Drive, had no objection to the project. Brad and Dana Krouskup, Quail Hill Road stated that the project entrance driveway is 30 feet from their front door and the construction noise will be overwhelming. Brad Krouskup presented some parcel maps and stated that the access easements are not clear and that this should be resolved prior to approval of the project. He continued that the condition ofthe road is not able to support construction traffic, that the applicant is not in compliance with the Road Maintenance Agreement, and that construction traffic will be forced to tum around onto their property. DRC Minutes July 21 ,2015 Page 3 John Livingstone, I he Krouskup 's Land Use Consultant, made the contention that he felt that the project was not consistent with the General Plan and that the home will be assessed as a new house when in reality it is a remodeled house. He mentioned that legal access can and should be resolved prior to project approval. He quest ioned whether the secondary dwelling unit had the proper permits. Brad Krouskup added that they are most concerned about parking and safety during construction. Ryan F o ng. Town Assistant Civil Engineer. stated that the titl e Report shows that there is legal access . Brad Krouskup countered that there is conflicting information . Ryan Fong suggested that the easements be more clearly plotted by a Civil Engineer. Dana Krouskup is very concerned about the quality of the road . Ryan F ong also suggested that a Condition of Approval could be added requiring pre- construction and post-construction surveys of the road condition be provided by the applicant. Doug Harding, Deputy Fire Marshal, added that emergency access on private roads are always problematic and that the Fire Department can only regulate the minimum width and maximum grade of new private roads or driveways, not existing ones. Ryan Fong added that a Construction Management Plan will be required prior to issuance of the building permits and that verification of access rights is not in the purview of the Town. 5. Public hearing closed. 6. Doug Harding moved to continue the application to a date certain, August 11 , 2015 , in order to allow the applicant's surveyor to more clearly plot the easements and existing access improvements. 7 . Ryan Fong seconded, motion passed unanimously . OTHER BUSINESS NONE ADJOURNMENT Meeting adjourned a t 10:55 a.m. The next regularly scheduled meeting of the Development Review Committee is the following Tuesday. "-7Y''be.,A AlA :t:z3:;;z~A~~~~~ Michael Machado, Building Official N :\DE V\DRC'\Min 2015\7 -2 1-I S.d oc This Page Intentionally Left Blank TOWN OF LOS GATOS 110 East Main Street, Los Gatos, CA 95032 (408) 354-6874 SUMMARY MINUTES OF A REGULAR MEETING OF THE DEVELOPMENT REVIEW COMMITTEE OF THE TOWN OF LOS GATOS FOR AUGUST 11, 2015 HELD IN THE TOWN COUNCIL CHAMBERS, CIVIC CENTER, 110 EAST MAIN STREET, LOS GATOS , CALIFORNIA. The meeting was called to order at 10:02 a.m. by Chair Machado. ATTENDANCE Members Present: Jennifer Savage, Senior Planner Marni Moseley, Associate Planner Doug Harding, Fire Department Michael Machado, Building Official Mark Glendinning, Building Inspector Mike Weisz, Associate Civil Engineer Fletcher Parson, Contract Civil Engineer PUBLIC HEARINGS ITEM 1: 15925 Quail Hill Road Architecture and Site Application S-14-027 ___ , ___________ _ Requesting approval to demolish an existing single-family residence and to construct a new single-family residence on property zoned HR-1. APN 527-02- 007. PROPERTY OWNER/APPLICANT: Kevin Hwang and Sabrina Dong PROJECT PLANNER: Mami Moseley (Continued/rom 712112015) I. Chair Machado opened the public hearing. 2. Staff gave report on proposed project. 3. Applicant was introduced. 4. Members of the public were present: Doug Harding, Deputy Fire Marshal, summarized the Fire Department Conditions of Approval. Michael Vierhus, Architect, questioned if the conditions will also include a requirement for turnaround. Doug Harding responded that a fire truck turnaround will be required within 40 to 50 feet of the project site. Michael Vierhus mentioned that he would like to meet with the Fire Department at the site to work an acceptable location for the turnaround. DRC Minutes August 11 ,2015 Page 2 Mike Weisz, Associate Civil Engineer, presented a map showing where the actual access road is out of the described easements and read an additional condition to address this situation. Brad Krouskup stated that he had hoped that the 20-foot easement location would have been resolved since the last meeting. He submitted a 1958 Grant Deed with a description of an ingress/egress easement. He went on to state that the project as proposed does not serve his and Dana Krouskup 's best interest. Sabrina Dong said that her surveyor has plotted the easement description. Doug Harding questioned if the easement description includes the width. He said if not then it is an easement with an undetermined width. Brad Krouskup said that Chicago Title needs to explain where their other description originally came from. Fletcher Parson, Contract Civil Engineer, questioned if either Title Report describe the easement width. Brad Krouskup said the Title Report that he has does not. He suggested that Sabrina have her Title Company review his document. Marni Moseley, Associate Planner, stated that even though the description is incomplete, the applicants do have legal access. Fletch er Parson added that the applicants may have a prescriptive easement which would take legal action to prove. Brad Krouskup questioned whether access could be achieved from Drysdale Drive. Micha e l Vi erhus said that he and their Civil Engineer tried to design an access driveway but the hill is just too steep. Brad Krouskup believes it could be done and woul d like to leave that access as an option for the development of the property. Marni Mosely asked what revision would make the proposal acceptable to the Krouskups. Development outside the LRDA would need to go to the Planning Commission for approval. Brad Krouskup responded that his home directly faces the proposed project. The front doors will be 60 feet from each other. As proposed, the applicants will have to use his property to turnaround . A further front setback to 35 feet would allow the applicants to turnaround on their own property. DRC Minutes August 11 , 2015 Page 3 Marni Moseley explained that staff has reviewed the project for neighborhood compatibility and compliance with the Town Code and Hillside Development Standards and Guidelines, in addition , the Town 's Architectural Consultant has reviewed the project and the applicants have incorporated his suggestions into their design. Brad Kroskup replied that the location is the biggest issue and he will have an Architect review the proposal. M ichael Vierhus commented, "Do neighbors now design their adjacent neighbor's house?" Brad Kroskup continued that the access easements have still not been resolved and does not comply with the road maintenance agreement in place. John Livingstone, Consultant, questioned the off street parking in the front yard . Marni Moseley replied that the off street parking shown in the front yard are not required parking spaces and are therefore permitted in the front setback. Fletcher Parsons added that Engineering did not know that there were still discrepancies between the two Title Reports from Chicago Title and First American Title. He felt the application should be continued for one more week to see if they can be reconciled. Marni Moseley suggested that she could put a placeholder for a future Planning Commission Agenda item while the access easement descriptions are being resolved. She also suggested that the Krouskups put their concerns in writing and that it might be possible to modify the Conditions of Approval to address some of those concerns. 5 . Public hearing closed . 6 . Doug Harding moved to continue the application for one more week. 7. Mike Weisz seconded, motion passed unanimously. IT EM 2: 17101 Los Robles Way (Heard out of order) Architecture and Site Application S-15-051 Requesting approval of a time extension for a previous approval for a grading permit for a new deck and retaining walls on property zoned R-1 :20 . APN 532-36-072 . PROPERTY OWNER/ APPLICANT : Karen Evenden PROJECT PLANNER: Jennifer Savage I . Chair Mac hado opened the public hearing . 2 . Staff gave report on proposed project. 3 . Applicant was introduced. 4 . Members of the public were not present: 5. Public hearing closed. 6. Doug Harding moved to approve the application subject to the conditions presented with the following findings and considerations: DRC Minutes August 11 ,20 15 Page 4 FINDINGS • As required by Section 29 .20.325 of the Town Code for time extension reque sts: (b) (1) There would be no legal impediment to granting a new application for the same approval. (2) The conditions originally applied or new conditions to be applied as a p art of th e extension approval are adopted to any new facts concerning the proposed project. 7 . Mark G lendinning seconded , motion passed unanimously. 8 . Appeal rights were cited. OTHER BUSINESS-NONE ADJOURNMENT Meeting adjourned at 11 :20 a.m . The next regularly scheduled meeting of the Development Review Committee is the following Tuesday. "···rr~~/'<-L r' Michael Machado, Building 0 fictal N:\DEV\DR C\Min 2015 \8-ll-15 .doc TOWN OF LOS GATOS 110 East Main Street, Los Gatos, CA 95032 (408) 354-6874 SUMMARY MINUTES OF A REGULAR MEETING OF THE DEVELOPMENT REVIEW COMMITTEE OF THE TOWN OF LOS GATOS FOR AUGUST 18, 2015 HELD IN THE TOWN COUNCIL CHAMBERS, CIVIC CENTER, 110 EAST MAIN STREET, LOS GATOS, CALIFORNIA . The meeting was called to order at 10:00 a.m. by Chair Machado . ATTENDANCE Members Present: Jennifer Savage, Senior Planner Marni Moseley, Associate Planner Jocelyn Puga, Assistant Planner Doug Harding, Fire Department Michael Machado, Building Official Mark Glendinning, Building Inspector Mike Weisz, Associate Civil Engineer Fletcher Parsons, Contract Town Civil Engineer Robert Schultz, Town Attorney PUBLIC HEARINGS ITEM 1: 15925 Quail Hill Road Architecture and Site Application S-14-027 Requesting approval to demolish an existing single-family residence and to construct a new single-family residence on property zoned HR-1. APN 527-02- 007 . PROPERTY OWNER/APPLICANT: Kevin Hwang and Sabrina Dong PROJECT PLANNER: Marni Moseley (Continued from 712112015 and 811112015) 1. Chair Machado opened the public hearing. 2. Staff gave report on proposed project. 3. Applicant was introduced. Sabrina Dong, Applicant, presented a Deed of Trust from Frist Republic title Company descripting the ingress and egress easement and added that a real estate attorney is of the opinion that she has a prescriptive easement. 4 . Members of the public were present: Brad Krouskup asked if they could continue to do more research. He stated that he and Dana Krouskup are not opposed to the applicants developing their property. They are opposed to the current proposal and want to offer positive not negative input. John Livingstone's letter lists their issues of concern. He said their primary issue is the project's impact on their house. He stated that an easement exists with no defined width. He said that access from Drysdale Drive would be preferred. He would like to present some options. DRC Minutes August 18 ,2015 Page 2 Marni Moseley , Associate Planner, stated that the Development Review Committee (DRC) hearing is to take comments on a proposed project. It would not be appropriate for the DRC to review plans that are not part of a proposed project. She added that when they met in May, staff suggested they put their concerns in writing and no comments were received . Robert Schultz, Town A ttorney, stated that the Town does not represent any individual interest but simply reviews and proposals for compliance with the Town Code Standards . John Liv ingstone, Consultant, presented a response letter to Marni Moseley, in response to his first letter of concerns. He is most concerned about the Fire Department conditions. He also questioned the lack of Building permit for the secondary unit and the safe condition of the unit. Marni Mose ley state that when the secondary unit permit was approved in 1986, a safety inspection was perfo rmed. Sabrina Dong stated that she was also concerned about the safety of the unit and had two separate structural engineers assess the structural integrity of the unit and that they both independently concluded that the unit is structurally sound. Dana Krouskup commented that she is most concerned about construction traffic access. Brad Krouskup added that he feels that the proposal is not consistent with the Hillside Specific Plan. Marni Mos el ey read Condition of Approval No. 46, which addresses the emergency access easement. 5 . Public hearing closed. 6. Marni Moseley moved to approve the application subject to the conditions presented with the following findings and considerations : FINDINGS Required f"mding for CEQA: The project is Categorically Exempt pursuant to the adopted Guidelines for the Implementation of the California Environmental Quality Act, Section 15303 : New Construction or Conversion of Small Structures. Required f"mdings for demolition: As required by Section 29.10 .09030(e) of the Town Code for the demolition of a single family residence: 1. The Town's housing stock will be maintained as the house. will be replaced. 2. The structure has no historic significance. DRC Minutes August 18,2015 Page 3 3 . The property owner does not desire to maintain the structure due to its current condition; and 4. The economic utility of the structure is limited due to its condition. Required Compliance with the Hillside Development Standards and Guidelines: The project is in compliance with the Hillside Development Standards and Guidelines . Compliance with Hillside Specific Plan: The project is in compliance with the Hillside Specific Plan in that the site is developed as a single family residence on an existing parcel. The proposal is consistent with the development criteria included in the plan. CONSIDERATIONS Required considerations in review of applications: As required by Section 29.20.150 of the Town Code, the considerations in review of an architecture and site application were all made in reviewing this project. 7 . Doug Harding seconded, motion passed unanimously. 8 . Appeal rights were cited. ITEM2 : 17061 Wild Way Architecture and Site Application S-15-055 Requesting approval to demolish a single-family residence, remove large protected trees, and construct a new single-family residence with reduced setbacks on a non- conforming property zoned R-1 :20. APN 424-30-087. PROPERTY OWNER: Wild Way LLC APPLICANT: Tony Jeans PROJECT PLANNER: Jennifer Savage 1. Chair Machado opened the public hearing . 2. Staff gave report on proposed project. 3. Applicant was introduced. Tony Jeans first went to the Planning Commission requesting a reduced front setback of 25 feet. The Planning Commission wanted him to hold to the required 30 feet setback. He redesigned the house to move it back, reduced the footprint in order to save trees , retained the architectural style but reduced the mass by lowering the plate lines a little. He worked with the neighbor to address her concerns and offered the option of providing a gate in the common fence due to tight access conditions. DRC Minutes August 18,2015 Page 4 As a result of these modifications, the Planning Division was able to place the application on the Development Review Committee agenda and the proposal was now in compliance with the Town Code and the Residential Design Guidelines . 4 . Members of the public were not present: 5. Public hearing closed . 6. Doug Harding moved to approve the application subject to the conditions presented with the following findings and considerations: FINDINGS Required finding for CEQA: • The project is Categorically Exempt pursuant to the adopted Guidelines for the Implementation of the California Environmental Quality Act, Section I5303: New Construction or Conversion of Small Structures. Required fmding for the demolition of a single-family residence: • As required by Section 29.1 0.09030(e) of the Town Code for the demolition of a single-family residence: I . The Town's housing stock will be maintained as the single-family residence will be replaced . 2. The existing structures have no architectural or historical significance, and are in poor condition. 3. The property owner does not desire to maintain the structures as they exist; and 4. The economic utility of the structures was not considered. Required Compliance with the Residential Design Guidelines: • The project is in compliance with the Residential Design Guidelines for single-family homes not in hillside residential areas. CONSIDERATIONS Required considerations in review of Architecture & Site applications: • As required by Section 29.20.150 of the Town Code, the considerations in review of an Architecture and Site application were all made in reviewing this project. Required considerations in review of requests for reduced setbacks on non-conforming lots: • As required by Section 29 .I 0.265 of the Town Code, it is determined that the reduced side setbacks are compatible with the neighborhood. DRC Minutes August 18 ,2015 Page 5 7. Mark Glendinning seconded, motion passed unanimously. 8. Appeal rights were cited. ITEM 3: 202 Lu Ray Drive Architecture and Site Application S-15-024 Requesting approval of a technical demolition of an existing single-family residence and construction of a new single-family residence on property zoned R- 1: 10. APN 523-24-034. PROPERTY OWNER: Joseph Calvey APPLICANT: Jessica Aviles PROJECT PLANNER: Jocelyn Puga 1. Chair Machado opened the public hearing. 2. Staff gave report on proposed project. 3. Applicant was introduced. 4. Members of the public were not present: Doug Harding, Deputy Fire Marshal, clarified that since the addition resulted in a house less than 3600 square feet, fire sprinklers were not required . 5. Public hearing closed . 6 . Mike Weisz moved to approve the application subject to the conditions presented with the following findings and considerations: FINDINGS Required finding for CEQA: • The project is Categorically Exempt pursuant to the adopted Guidelines for the Implementation of the California Environmental Quality Act, Section 15303: New Construction or Conversion of Small Structures. Required finding for the demolition of a single-family residence: • As required by Section 29.1 0 .09030(e) of the Town Code for the demolition of a single-family residence: 1. The Town's housing stock will be maintained as the single-family residence will be replaced. 2. The existing structure has no architectural or historical significance. 3. The property owner does not desire to maintain the structure as it exists; and 4 . While the majority of the structure will be maintained, the scope of the proposed remodel requires removal of more than 50% of the existing wall area ; which will result in a technical demolition. DRC Minutes August 18, 20 15 Page 6 Required Compliance with the Residential Design Guidelines: • The project is in ~ompliance with the Residential Design Guidelines for single-family homes not in hillside residential areas. CONSIDERATIONS Required considerations in review of Architecture & Site applications: • As required by Section 29.20.150 of the Town Code, the considerations in review of an Architecture and Site application were all made in reviewing this project. 7. Doug Harding seconded, motion passed unanimously. 8. Appeal rights were cited. OTHER BUSINESS NONE ADJOURNMENT Meeting adjourned at 11:00 a.m. The next regularly scheduled meeting of the Development Review Committee is the following Tuesday. N :\DEV\DRC\Min 2015\8-18-15.doc RE\.OR.DING REQUESTED BY : Old Republic Title Company Order No.: 0631011561-LN APN: 527-02-001 When Recorded Mail Document and Tax Statements to: Brad Krouskup & Dana Krouskup 15921 Quail Hill Road Los p a tos, Ca., 9503 2 DOCUMENT: z {. ,8580 U ~lUll IIIII II I!U REGINA ALCO ME NDRAS SANTA CLARA COUNTY RE CO RDE R Reco rded at t he request of Old Rep ubli c Title Co mpan y Fees ... . Taxes .. . Copi e s .. AMT PAID Pages : 3 25 .00 3080 .00 3 105 .00 ROE ~ 806 1/23/2009 8 :00 AM ____________________ _._ _____ SPACE ABOVE THIS UNE IS FOR RECORDER'S USE ____ _ Grant Deed The undersigned grantor(s) declare(s): Documentary Transfer Ta x is $3,080 .00. (X) computed on full value of property conveyed, or ( ) computed on full value less of liens and encumbrances remaining at time of sale. AUG 11 2015 ( ) Unincorporated area: (X) City of Los Gatos TO'v\'N OF LOS GATf"'3 FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, PLANNING DIVISJO ... Joni I. Curtis, as Trustee of the JC 2007 Residence Trust, dated January 31, 2007 and Eric B. Curtis, as Trustee of the EC 2007 Residence Trust, dated January 31, 2007 hereby GRANT(S) to Brad W. KAou~ku~ and Dana B. Krouskup, Trustees of The Krouskup 2001 Living Trus~ dated · 11t15t20U1 that property in City of Los Gatos, Santa Clara County, State of California, described as: See "Exhibit A" attached hereto and made a part hereof. Date: January 20, 2009 State of California County of Santa Clara I 7 ·t c () A--v ( 0 vvt '"1-{ d <._ On ...-1/ -0 r before me, a Notary Public, personally appeared Eric B. Curtis and Joni I. Curtis, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument .the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and co rre ct. WITNESS my hand an\ o tcial seal. ~···tlllte~~GEC!f~;r~e~IE mV I I ~II£!fii~ICII Signature ; ~~· ~::; •• 01-\VID M. ZIEL : ~; ~ COM M NO 1780801 ij Name David M. 1 • Nv!AKY r'LH:lLIC CALIFORN IA ~ (typed or printed) (Area; ciai-M'taMi'~&II)ITA CLARA 1 .. ,. •·•. CUMM EXPIRES NOV 18 ,2011 g £bo u~~~~UG OD~~BDD DU~C~~auu~~U ~~U JJuuJJJU ~D0 Grant Deed MAl L TAX STATEMENTS AS DIRECTED ABOVE EXHIBIT 8 (-( ORDER NO.: 0631011561-LN EXHIBIT A The land referred to is situated in the County of Santa Clara , City of Los Gatos, State of California, and is described as follows : PARCEL ONE: A portion of Lot 1, as shown on that certain Map entitled "Map of the M.S . Gardner Estate, being part of the Rancho Rinconada De Los Gatos", filed November 23, 1887, in Book "C" of Maps, Page 39 and also being Parcel B, Map of Record of Survey, which Map was filed for record in the Office of the Recorder of the County of Santa Clara, State of California, on June 13, 1956 in Book 70 of Maps at Page 29, described as follows : Beginning at the most Southerly corner of the parcel of land conveyed to Perley B. Payne, et ux, by Deed recorded January 21, 1955 in Book 3064 of Official Records, Page 568; thence North 1 5° 01' West along the Southwesterly line of said Parcel 340 .82 feet to the most Westerly corner thereof; thence North 17° 08' East along the Northwesterly line of said Parcel 102.51 feet to an iron pipe at the most Westerly corner of the parcel of land conveyed to Claude M. Walk, et ux, by Deed recorded March 4, 1957 in Book 3743 of Official Records, Page 60; thence along the Southerly line of said Walk parcel of land the following courses and distances, South 72° 52 ' East 80 .00 feet North 61° 42' East 21.60 feet; North 27° 10' East 35.53 feet; South 75° 01' East 97.03 feet to the Southeasterly corner of the said Walk parcel ; thence South 44° 01' East 58 .53 feet to an i ron pipe; thence South 75° 01 ' East 70 .00 feet to an iron pipe on the Easterly line of the said Payne parcel of land; thence South 7° 02' West along said Easterly line to the point of beginning. PARCEL TWO : A non-exclusive easements for ingress and egress and the installation and maintenance of public utilities over a portion of Lot 1, Map of the M.S. Gardner Estate, being part of the Rancho Rinconada De Los Gatos, described as follows: (a) A strip of land 43 feet wide the Southeasterly line of which is descri bed as follows : Beginning at a po int on the Easterly line of the 0.617 of an acre parcel of land conveyed to F.C. Cushman by Deed recorded May 2, 1924 in Book 86 of Official Records, Page 63; distant thereon South 18° 18' 30" West 20.00 feet from the Westerly corner of the 1.4384 acre parcel of land described in the Deed to Gino A. Pasquali, et ux, recorded May 25, 1948 in Book 1621 of Official Records, Page 47; thence South 72° 55' East parallel with the Southwesterly line of said 1.4384 acre parcel of land 437.61 feet to a point in a line drawn South 17° OS' West from the Southeasterly corner of said 1.4384 acre parcel. (b) Beginning at the true point of beginning of the parcel of land described in the Deed to Claude M. Wal k, et ux, recorded March 4, 1957 in Book 3743 of Official Records, Page 60; thence North 17° 05 ' East 30 .00 feet; thence North 18° 33' 50" West 28 .30 feet; thence South 72° 55' East 56.49 feet; thence South 17° OS' West 53 .00 feet; and thence North 73° 55' West 40.00 feet to said true point of beg inning. Pag e 1 of 2 ( (c) The most Northwesterly 40 feet of the parcel of land conveyed to Claude M. Walk, et ux, recorded March 4, 1957, Book 3743 of Official Records, Page 60, bejng the most Northwesterly 40 feet of Parcel "C" as shown on Map of Record of Survey recorded June 13, 1956, Book 70 of Maps, Page 29. PARCEL THREE: An easement for the installation and maintenance of water pipe line within a portion of Lot 1, Map of the M.S . Gardner Estate, being part of the Rancho Rinconada De Los Gatos, being that portion of the following described 10 foot strip of land lying within the lands of the grantors in the Deed from Mogens Olesen, et ux, to Claude M. Walk, et al, recorded May 9, 1957 in Book 3794 of Official Records, Page 196. A strip of land 10 feet wide the centerline of which is described as follows: Commencing at the intersection of the center line of Short Road and Shannon Road; thence Northeasterly along the center line of Short Road, North 18° 16' East (said bearing taken for purposes of this description) a distance of 272.50 feet; thence South 72 ° 17' 30" East 20.00 feet to the actual point of beginning on the Westerly line of the lands of John P. Urzi, acquired by Deed recorded December 30, 1954 in Book 3050 of Official Records, Page 340; thence South 72° 17' 30". East 465.00 feet; thence South 74° 49' 30" East 170.00 feet to the end of the aforementioned center line. APN: 527-02-001 A525-15-022 Page 2 of 2 @ 3 l ....• . ~... ... 0 < 0 1:::: I ~ N~WTE: Ease ments decic tecl he~~o ·1 <liC i)rovid ed as a c o nrtes ~ .lnly and no rep re sentation is inade as to the ac cur ac y or complet en ess thefetJ'e Th 'Co~-Jn; as srnCSJo:~o -liab il ity..,to.­ :mv loss oc cur ing by reason o, re lia nce thereon. It rs -ec ommendc d tha• " s u rJC }' be obtai ned f rom a license d . orof essi on al to determ in e actual loc ation s. 0 / tr~ 1- 0:: 0 :I: N (/) ,. 1 ; II - 1"•100 ' . - .. (' ~ran{ il_etb :Jpfnt t!tena ·nc!' . . . . ' ~ . I . . ·~. . . . . :do ~GRANTro · · Harvey _D~Bose and . . . .· . ·. J.p11a ,F~ye Boss, his k1fe 1 ·· . ......-:-~--··-... - ',J3egin.o1,._pg ·at· the moot . Sou.therly ·corner ·Of . that cer.·tain pa~cel· "Of ·land .... ... conveyed . by Harris, et .ux, ·to Perley B.Parne·;. et U:J!:1 by _Deed _dated ·January 21, 19.S.S ·and recorded · January 21, 19.5.5 rn .Book J064 .. of Off.1c1al Records; ·page ·56B;._thence N.:7.S 0 .01' w. along the Southwesterly lhie-· -,. of -sai_d p~rcel of :·land 340.82 feet to ·the mQst Westerly corner . thereof; thence U ~-17° · 08 1 ·E. _e],ong the Northwesterly Une of._ s?1d · p~rcel of _ lan_i!..:_l02 • .51 -fe~t t .o an iron pipe .at the most: Westf;lrly corner _of _that. cert3in · par.cel of 1end-:Qonveyed by Perley B.Payne, _ e .t ux to Claua~ ·· M.. Walk , Et ux, '.by J?.eed .dated Y.arch.1J; 1957 and recorded Harch :4,· ·1957 . in Book . J74J -of. Off1.c1~·b . Records, page 60;_ thence along the Southerly .~--·· line of said Walk ·parcel · or l~d the following courses and ,distances ~ ---:s-:; 72° .f52'~E~ 80 0-QO fee"t; ll. 61 -0 42 1 ·E; 21;,60 feet; _N. 27° l0 1 .·E. 3,5.53 Teet;·. s. ?5° 01 1 E.· 97~03 feet to · the SoutheaAterly corner of. the .sa lialk !J3rcel of land;· therice s. 44° 01 1 ·E• 2§j·53 feet to . ail .iron pipe; . thence s . 75° 01 1 E. 70.00 feet to an __ iron pipe on the Easterly Hne of 1:he said .Payne parcel ·of lana; the~cecs.· ?0 -02! t-:. alon~;·said Easterly . line "to the. poi,rit. of; be-ginrting and .being a _portion of LOt 1 · as shoWn on . . that;·~erto1ri ~lap entitl~d.l. "Map of theSl.ibdl'v1s1on ·or "'"the JI.~. Gsrdner Estate, '. being ps~t of the . Rancho . Hinconad~· de Los Gatos• 1 and wh1~h Nap was . '. · . , filed · for recorq.ln the · office . of. the Reoorder · .of. the Coun_tY. ·of -~·Clara, Stat~· of Cal-ifornia, ·on : November 2.3, .1887 1n Book ·•c•--of Joiaps, page 39, -·.FJnd Ei_ portion. of--_the. land der.cr1be_d in .the Deed fro!!l Bob .:Harrls, et ux, · to Perl~y. ·B. P~y'ne ~ . e~ .. \.lX; .. ~e_t~iui,Q..gve __ ,.e_nt.19ne.!l ._an.!l _.l?h.9l~ P~!:c:_~l .:B . · . on ' the· ·Hap . of r .ecord o()t:-sui!lte-y,. recorped in . Eook · 7(). · of··i·laps; pace-29;·-santa ·. Clara ··CQunty Records~· . • . _ · . · · · . . · · · .·, · ~gether w1·th . ~d -aa ··appurt~ri~t to the :ab:ove · desci-il)ed pa_rcel of land, non-exC:1us1ve -.·eas·~r:!entE; for .111gress and ~egress and ·for · the · 1nEt!illation . s.n.d .maintenance :of ~public . utili tie.~ over · ~a, along . ·the following .described narcei."s ··c,r·-l.and·: : ·· . ·._. . · -· -. ·· .. · :. -.: ."·. ··. · -' ·. ·, · '. · :·:·. 01_).-A •.st.ri:{ of..~rid 43.:feet .wid~:!· thk. S?~t~westerly l1n(f_~f .'wh1ch .is · -·descr1bed-·as ·rollo~s: Beginning at :a point on the.E~sterly •l1ne .of that _ _ ._.-certain ·o~91?. ot . an l:icre . pa.r9~~-:9f .land. coJ1veyeii by _Fay _Tupper._a:id· sarah -· _ :+'uppe:-;, l:lus_band ·and .wife~-~o ·F.'C.Cusi).man · by :Deed 'dated ·Aprn JO, ).9~4 · · · _ and--recorped--tiay-2 '~9"?4-:·in , B_ook :_86 ~of _Pfflcial ~ecorcls ,: ,page 6J ~--Sar}ta . :. C~ar.a . Cotmty Records; .distant·. thereon s. ·18°1{3 1 ;ou w. 20;oo· ·f~et from the· _· .most ·Wes.terly .corner ·of ' that· C~l't91n 1. 4)84 acre · psr<;:el Of·· land: descri bEid .. ·ln th,e ~fiaed ~roin :L~A-. ;aei.d~ et .. ux, _ to · ~ino ·A-~ ?a squall,-et ux,. dated, Z.I~y J,{; -·-19.48 apd-_recor,<ie_d _ _l1ay ·25·, :1948 !~~ok 1621 of Of"fici<l~· . .B~cords , · pag~ 47",-. ~ant~ -~l;;a · c.oun~·y · ~eco"ras:;: tl1~n~e ·par~l-lel with · th~ :southweE~er·}·Y · u~~ of · ·s}:ii"d 1 _.4)84 ;ICI'e ·-p9rC.~l of land S._ 72° .55 1 ·. :C:, 4J_7.6l: feet· to __ a point in - _a line di'n:..'"Tl s~·179 05 1 ·-;..•. fr.":Ji: the Sotith~;ieterly corn~J'·of se..1d··l.4J_84 . · .acre.' uercel of land· •.. ··-, . .· ··. . . . . . . . · . . :,_ . ·(b")', oeg1n_ping fit : the true point Qf ·_b e ginning ·Of the pat-c~l of ;!.and · described in ·-the .Deed . fron · ~er-ley B.Payne,. et ux to Claude M ... alk, .et tix, _ · dat!.>.d I·:arch _4~ .195'7 . iufi'! rec_orded _M~rch .~,_l957 'in L;!o?k J?~J . or Of~lchl a~_corns . . nt p:l£;13 <'lo; thence H-.-17° 05' E. )0_.00 feet; thence ,l. 18 _JJ 50 _\-1_ •. 28~0d ____ _ feet ·; thence S , 72° ·.s.s• E •. 56,-49 feet; ·thence ·s. ·}-~,_()5 1 W, !).1_.00 f~_et; ..... .,...:..~-~hexico . l/,. ?2 _0 55 1 ·,r. 4o ·;-oo . feet to sale tru'J . point or . beglr\nint;:.:; . : : · ·. · . · ·(c) .. The mo'st---Jlorth·,o~esterly 40 feet of th~t certain parcel,o~ lund · '· CCI!}Veyed by Perley-E.P3;,rn_e et u~.to Claude -I-1. i'ialk et ux d.ated ·},a.ch 4, . · .. ,J957~ .recorded I'!a~9h" 4,· 1~57 ln . VoL ·J74J · Off.lcial ~~cords, J;>e~e -.6_0 •. . . .· ' j . . . ( . . . -·. '.. . . . . -· . ' . ~-. ·. Al-~-~ 't~ee_the~, "'-f.th :an -. apptirterl~t .. easecien~ f~p ·-t~e 1nsta,llat1on and·. 0 I · ., ·,,maintenance. of-a w9ter pine line over ,. along and .under that portlo~·.of th-: · roi lo·,o~_ine :Mr-crir ed 10. foot strip ~ying _w1th1 n t~e; lands of. the Grantors . · in · the Deed· fro:n ·~io t;ens Ole s en et u.x, to. Claude ·f',.l-l~lk, et u.x and Pe.rley t;. , Payne, et U{-; dated Hsy 5 1 1957 an~ r~corcJed ~jay 9, '195,7 'Jn Book 3794 o{ . __ ~<?f_f_l_c 1a~ R <JCorr1~ ,_: pa ~~ 196; _ . ·_ }__1(_ __ \._.. · . ____ ~--~---· __ ·._c.;_ . I . -. J , . ' , , : . I . . . . A. strip of lBJ;ld 10 . fe -_ fn width~ ·5 feet on each s1de. of :' cnt~r .u pu 'rnore pa~.t1cularly des~r·ibea ·.~s ro~lows : _·. . ' . . ~ . Commepc1~E at : the intersection of · the .center line of Short .Road and. = . ~hahrion ·Road; thane~ Nor,-theS:eterly along the oenter l.~ne ·?f.. ~hor.t Boad , .~ , .t_i ~_.J,8° 16•. E·~ "(sq1d bearing ~taken .fQr .purposes 1 of .th.1s ~4escr1pt1on) · : ... §5 • :a :distan9e · of .272 .-:so : teet; ·thence .s •. ?2°;,17 1 )O ~· E. 20 .{)0 1 fe':lt ·t:o ~~~ .. , .-:.1 point : of. ·}?egirln1.ngon -.The W~sterlyUn.e1 '01'' 'bhe la.nds .~f ·John · P .. ~rz1, .· . · ·a .cquired .by· -Deed, .rerit;>r~ed De·cembe~. J.O, .. 19~r. ~n ·'Book: J050 .. of 0 Off~c.ia; · · .· · ·.' ~-: Records ;' !)age )40, Santa. Clars .County Hecord!l; thenoe. s. J2 .17 30 .E ~ ..... _ . . 46.5.00 Ce~~; 'the~o.e s. 74° 49' ·30" E o'l-?0.00 feet to ·the e~d of. the .afo~e-~·. · roentloned ~center line ; all within the Co~ty ·of Banta ~lara, State o~ r-- C:ll1forn1(,l ;.· · B ~serv1ng from the · parcel ~f ·.iand f1r,;tly.. ·herein descriced -rights ~f. w."':f ·. ' for rt1gress and ·egress . an(\ for lnsta~let1on and mainten9.Jl043 -of-. P';lb~lc .. utilities _ ,pver, along, .Ulider. ADd !J.CrO.f!S the property. her .~i:nRfter d,escr1bed .: . · Tl.i~ Southwesterly and Sputheaster1Y. lines of which . are . ~ore part:;lculerly · .. de s cribed as follows: ·.: · . . . . . . (a)' Beginning at-8. point · on the Southt-lesterly l1ne of that· certain ·. ;parcel o_f land·desc.rlbed .1n ·the Deed.frol'l .B9b.'Harr1s,=:et wt~·tO Perley a·. ~ayne-, · et u~, ·by Deed·.dated JBJluary' 21, 1955 an'd recorded ·Jan. 21. 19.55 lif 3ook . J()64 of, Offl~lal Hecor·as ,. pag~ _56&, S~ta Clara .County Records, distant . ~he~E.>~n . s •. 75°.01 1 E. 40 .oo feet from the mos.t ~-les.terl·y . corner · o~s <Ud p3rcel .. of land; ·t .hence r\innlng along· the Southwesterly· ·l~e of sald·. Fayne parcel ·.pf lands .. 75°· 9l'. E ~ 1)0,.00 feet;-thence running 1.n .6 .direct · ·· llne N0 r .theasterly. to the . North14esterly· terminus of . that line .. in 'tthe · - pa;rcel.· of .land 'firstly. heJ;,'e.in above descrl ~d ·having. a :·(?ourse a!ld diSt3;!lce· '.: l>f· S. 75° 011 E. 70•00 fe~t •. ·. · -.. :· · '. ·· . : ' :-- -,; (b). Also a··strip .of lend 40 .feet .wide, the Northwesterly line of which 1s d~scr1bed as ro;l.lows:· . Beg.innlng a,·t -fhe most westerly . corner · of the·.:: · lands ·'firstly herein descrH>ed.,· thence .along the)-lorthwesterly . 1-lne of s a id ·:·"· .lan~s N. 17Q 08~ ·E . 102.51 feet to the Northeasterly Hne of .sald lands.· ; .. Th~·:rf~~~~· ·h~;~~~'·reae~y~d .tlr e ·t·~ run w1th\u~d .be app~~te}1~t · t .o· ~·h~ r.e.~a~!l- 1ng lan1.s <?~ Grantor.s~-····.·-. _ . _.,· ... :_: · .·· · : . . · · · . · · ·· · 'Tnls. ccin.veyanoe<1e .·made ~nd acc;~ptea, ~~bjec.t to . the ~following ·aond.l t!ons: · ·. · (:1.) That any .r.esident~al-·l!tructur~ erected ·:shall contain .not . less ... ,than; ;1.5,00 squ~e :feet . of living area· {2)' :that. no l).ve . s .toc~ shall · be. ·i<ept or ma1nt91n~d on · the property .he.-e1n conveyed;·except household pets in a reasonable ·nuriper. . · ... ; -.: __ :__: ·.. · .. -. . .. : .: . · ... -.-... -. . . -~---... -· . . :...__.;'" .. ·.·.·. ~~0~~=)' 8 • ..... . ·! . -··4..·.·-···- . _ .. ·.:. -~ . . ~"hoF.CUrro&N J· .. ··I '.·· · ;, · .... ~:.·:.-.:· ··.: .· ..... -;.. · COUNIYoFSANTAo.AiA ...... ·. . · . . ... , . . •. , .· . <={P~·~ :~ .. :: '· .. ·:_ ·: - • · ·Onthi• ·:f5th -.". cb·,'ot .'Ao~ll . .-m B.bcforu:>e •. F .~T.Jilltop;. :~·-, ,:. . ..-.-,:.: .. . ~.Nco;,MIKitl .~f~~~aM.~~.~Irap~ .. r~rley n.i>ayne ~~~ Di~n~·.~~t~lli t~L~~ .... · .\' ·.-~><~~,.om ·~-~~.~-.~!~. . ~hey.· n.a.w~·~: ·!' . ·. ·. ·-.;·_ .': ·~/ .:-. . ::;· . . .. .. ··: . ·.;. ·. · .. : ~ . '. . .. :· : i · .. ' .. , .-.:.. '. • ,.:_.· 1 ••• ·....:.....--..o....,.,,.-. ·.,l- ' I ' ·' . , . '-I . . ~ -.-;--··,L '. . - I . I ._.· . i ' . '":' ·-· -~------·, .. . ··:-·" I . . I (Ji.!\f..lv N.IO V'JO"£ ~7. o.SJ.-1-Acre$ PARCEL "C. U5.14' PARCEL :4• o.~7'A~res <::. r.JJ.J7' S.J:t.•§g·w. 8A515 OF BEARINGS ~ NOTES llOAb The kilri179 ol Ill~ wesferlij liM (N ?"'O.Z '£) o! Porcel Z ol /he tleed from Wl//;s E lllel~n U Corre to Tli~sL. ; The«<orio C..SIClrrum, recC~rded;n &k /56R ()I? til .A:J9e 19~. So!7/0 C/om Cou!7IIJ l?ecord.s, wos used OS 117e basis of' l;eod/J(;s All d1sloncr:s Qn(/ dimetJSIO/lS are shown in feel q/7(/ tleclm&l!S t/Jereol ·e lt?dicoles Iron ~pe RJund o f,?a'icotes /r!Jn Pipe5et QBCOQD OJi' Sli.Q1Y£Y OF LAND OF PEl/LEY PAYNE BEING A PORTION OF THE M. 5 . GARJ)NER ESTATE SANTA CLARA COUNTY CALIFORNIA SCALE; r ·JO()' NOI/£MBERJ.955 ENGIN££!('5 . C£RT/r!CATE '!, E. E. 8rpo'IJ~. bt;reP.fJ. cedlflJ (his !~be i:J trve and correct mop ol a svrn:q mode /Jij me dvrmg Odo.ber; /9.?.5; af /he r~(jilesf of Per/elf Pol.jne. ~~~ COUNTY ENGINEER:S CEI?T/r(CATE This mop h(l5 /Jilen e.i'oinlned. in comp/Jance milt /he pnJrisions ol.5ecliM 8766 olilieBvsinesspncl Pro/fissions Crx/e O'nd ltJul?d »lisfacl_on; · LEONA RO 8(J5f/IY EtL;Coqnlg fii;;R~r COIJNTY REC()RfJER:S CER/ffi.ICATP Ftle /YO. . 12"ZtZ16 fe~Paid Filed ol /he req(Jesl of££. BrzJ at.3:ggp ontlleLJ!Itdaq f'"-==-- !.956. in Qpok.;J.i.o/IY/gps o/ Poqe . · Sonia C/cJro CtJI!I'Jflj ~ SYL Q TOLLY. Counlql?ectJrder Resolution ollhf Or;ord o/ Svpert'l.Sors qJ!PrOniJ(} MoA rea:;rd&d. ../t~ne ~~ '.9S6 !?ecort:lers Rle Na 1221275:. . ---~~-----~--------~---·-·-··--- ' .~ : 0 w > -w 0 w ~ \.C) t::) C'-1 ...... ...... C!:) :::::::> <C (f)z oo ~-(!)!a (f)~ oo ....I(!) u..z o;z ~s g o. 0 ~ ~ -l~ .... * E o .9 5 "' V'_B { I~ ~ RECEIVED AUG 18 Z015 ROSSI , H\AME-RSLOUGH REISCHL a CHUCK TOWN OF LOS GATOS PLANNING DIVISION . ' 1960 ~Alameda, Suite 200 Sanjo~. CA 95 126 !' (408) 261-4252 F (408) 261-4292 VIA U.S. MAIL Richard K. Payne 16216 Kennedy Road Los Gatos, CA 95032 Re : KROU S KUP / QUAIL HILL ROAD Dear Mr. Payne: April 26, 2013 We represent Brad and Dana Krouskup, the owners of 15921 Quail Hill Road . It is our understanding that you, and possibly other family members, own the property located at 15925 Quail Hill Road . We have been informed by our clients that your property is, or shortly will be, on the market for sale and that there is a possibi lity that if it is sold a buyer may pursue significant reconstruction (or construction) of existing improvements on the property. With the expectation of potential construction on your property, we have been asked to agree and opine on the Agreement for the Use and Maintenance of Quail Hill Road recorded as Document No . 12192126 at N112PAGE2016 on November 3, 1993. Certain provisions in that agreement would prevent the use of any type of large construction vehicles on the existing Quail Hill Road Easement and, as a consequence, I be lieve access to construction on your property would be through Drysdale Drive where your property has frontage on a public street. The provisions in the agreement that I believe are controlling are and state as follows : 2 . The private road commonly known as Quail Hill Road shall be maintained to a reasonable standard as necessary to provide two-way access for passenger vehicles, service vehicles and emergency vehicles. It is not intended for any commercial purpose . 7. Parties to this agreement also agree to the fo ll owing use restrictions intended to preserve the character and physi cal integrity of the road and thereby protect the investment made in the road and minimize its future maintenance cost. [ 8. The road 's use shall be li mited, to the extent poss ib le, to light-wei ght, rubbe r -ti red passenger vehicles and light trucks used for the provis ion of residential services . ( ( Richard K. Payne April 26, 2013 Page 2 of 2 10 . Owners of property contiguous to the road shall ma intain their property in such a manner so as to protect the road improvements and to provide for the free passage of vehicles . This is to include, but not be limited to, trimming vegetation, controlling drainage, cleaning the pavement and maintaining necessary subjacent support to the roadway . 12 . No use shall be made of the road which knowingly damages the roadway pavement or appurtenances or adjacent private property. 13. The installation, use, or maintenance of private or public utilities within the easement and above, on or under the roadway shall, to the greatest extent possible, not damage or impair the roadway, pavement or appurtenances. If any such damage should occur, it will be the responsibility of the property owner or owners causing such utility installation, use or maintenance to repa i r or cause to be repaired the damage or impairment on a timely basis and in a good and workmanlike manner, equal to or better in strength and durability than the original roadway. As a courtesy, we are providing a copy to whom we understand is your real estate agent, Helen Pastorino. Helen is a very, very capable agent, a client of our firm for a number of years, and someone who will be able to provide credible and knowledgeable information to you with regard to the issues articulated above. Should you require any additional information or wish to discuss this matter further please advise. RRR:jc cc: Client Helen Pastorino S :\CL\R\KROUSKUP\PAYNE 4-26-2013.DOCX Billing Date: File: Sabrina Dong 1476 Norman Drive Sunnyvale, CA 94087 ROBERT J. CRAIG LICENSED LAND SURVEYOR 966 Elsie Mae Drive, Boulder Creek, CA 95006 (831) 359-1750 ( 408) 884-3791 EMAIL : robert jamescraig@aol .com Invoice July 23 ,2015 C-15098 Re: 15925 Quail Hill Road, Los Gatos Prepare color coded easement map RECEIVED AUG U I 701~ TOWN OF LOS GATOS PLANNING DIVISION Fee per agreement. ....................................................................... $300.00 Balance Due .............................................................................. $300.00 'EXHIBIT 9 4··· t,~ t:~r . . ~ . .... ! t L -"'ff#J'L...----~BJ_.f. 71' ' S HO£T 7?-·--;o;:::;-.------- o.94 Acres PARCEL ·c· .. s ~ ..... A PN 521-02 ... oo1 PARCEL )t.. tJ.~7 Aere5 ,. ' .. I : I • & .'f p 'l .. \v· -: . /11 . '\:.) J\····'· ..... c • .. ---·-----·-·-·----·---- EJ E@ z "" 0 ... .... <( (.) >-.... z ::> 0 0 <( "" <( ..... 0 <( .... z <( ., "" 0 ., ., ... ., ., <( >-.... z ::> E.t.-N · 0 <.> ... 0 ... 0 ... ... 0 .'c., ~ ({~~ ,, e .. ~ \ ~'=~~ \ \ 182 ROAD \ ~ w z u < 5 ~ a:: 0 1&.1 ..J z 0 z a: ~ <l ~ C) u; :E C> ..., I ::E I (.) :::) ~ I ::E I g ~i ~~ ~1 1!1 ul .12 '~ !" ~ ij ~ ~ ···-- This map/plat is bei ng furnished as an aid in locating the herein described Land in relation to adjoining streets, natural boundaries and other Ia Except to the extent a policy of title i nsurance is expressly modified by endorsement, if any, the Company does not Insure d imensions, distance ::art'"a~no t::h"''•'"" t-hor-o""' Fo r APN/ParceiiD(s): 527-02-007 EXHIBIT "A" Legal Description THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE TOWN OF LOS GATOS, COUNTY OF SANTA CLARA, STAT E OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS : PARCEL ONE: BEGINNING AT THE NORTHEASTERLY CORNER OF THAT CERTAIN PARCEL OF LAND CONVEYED BY BOB HARRIS ET UX TO PERLEY B. PAYNE ET UX BY DEED DATED JANUARY 21 , 1955 AND RECORDED JANUARY 21 , 19551N BOOK 3064 OF OFFICIAL RECORDS, PAGE 568, SANTA CLARA COUNTY RECORDS AND IN THE NORTHERLY LINE OF A 40 FOOT RIGHT OF WAY KNOWN AS SHADY LANE; THENCE ALONG THE NORTHERLY LINE OF SAID PARCEL OF LAND CONVEYED TO PERLEY B . PAYNE ET UX NORTH 89° 47' 30"WEST 184.86 FEET AND NORTH 7r 11' 30" WEST 37.13 FEET TO THE NORTHWESTERLY CORNER OF SAID PARCEL OF LAND BY PERLEY D. PAYNE ET UX, AND THE NORTHEASTERLY CORNER OF THAT CERTAIN PARCEL OF LAND CONVEYED BY PAULINE S . REID ET ALTO MOGENS OLESEN ET UX BY DEED DATED OCTOBER 8 , 1954 AND RECORDED DECEMBER 1, 19541N BOOK 3021 OF OFFICIAL RECORDS, PAGE 571 SANTA CLARA COUNTY RECORDS; THENCE ALONG THE EASTERLY LINE OF SAID PARCEL OF LAND CONVEYED TO MOGENS OLESEN ET UX; SOUTH 10 ° 27' 30" EAST 40.93 FEET TO AN IRON PIPE AT THE NORTHWESTERLY CORNER OF THAT CERTAIN PARCEL OF LAND CONVEYED BY PERLEY B. PAYNE ET UX TO CLAUDE M. WALK ET UX BY DEED DATED MARCH 4, 1957 AND RECORDED MARCH 4, 19571N BOOK 3743 OF OFFICIAL RECORDS, PAGE 60, SANTA CLARA COUNTY RECORDS, IN THE SOUTHERLY LINE OF SAID 40 FOOT RIGHT OF WAY; THENCE ALONG THE NORTHERLY LINE OF SAID PARCEL OF LAND CONVEYED TO CLAUDE M. WALK ET UX, AND ALONG THE SOUTHERLY LINE OF SAID 40 FOOT RIGHT OF WAY , SOUTH 77o 1 1' 30" EAST 39.97 FEET TO AN IRON PIPE AND SOUTH 89° 47' 30" EAST 74.53 FEET TO AN IRON PIPE AT THE NORTHEASTERLY CORNER OF SAID PARCEL OF LAND CONVEYED TO CLAUDE M. WALK ET UX, THENCE LEAVING THE SOUTHERLY LINE OF SAID 40 FOOT RIGHT OF WAY AND RUNNING ALO NG THE EASTERLY LINES OF SAID PARCEL OF LAND CONVEYED TO CLAUDE M . WALK ET UX, SOUTH 13° 18 ' 30" WEST 245.14 FEET TO AN IRON PIPE AND SOUTH 15° 37' WEST 115.00 FEET TO AN IRON PIPE AT THE SOUTHEASTERLY CORNER OF SAID PARCEL OF LAND CONVEYED TO CLAUDE M. WALK, ET UX IN THE NORTHERLY LINE OF THAT CERTAIN PARCEL OF LAND CONVEYED BY PERLEY B. PAYNE ET UX TO HARVEY D. ROSS ET UX, BY DEED DATED APRIL 25, 1958 AND RECORDED MAY 5, 1958 IN BOOK 4067 OF OFFICIAL RECORDS , PAGE 280, SANTA CLARA COUNTY RECORDS, THENCE ALONG THE NORTHERLY LINES OF SAID PARCEL OF LAND CONVEYED TO HARVEY D. ROSS ET UX SOUTH 44° 01 ' EAST 58.53 FEET TO AN IRON PIPE AND SOUTH 75° 01' EAST 70.00 FEET TO AN IRON PIPE AT THE NORTHEASTERLY CORNER OF SAID PARCEL OF LAND CONVEYED TO HARVEY D. ROSS ET UX. IN THE EASTERLY LINE OF SAID PARCEL OF LAND CONVEYED TO PERLEY B. PAYNE ET UX ABOVE REFERRED TO; THENCE ALONG THE EASTERLY LINES OF SAID PARCEL OF LAND CONVEYED TO PERLEY B. PAYNE ET UX NORTH 7 o 07' EAST 86.84 FEET TO AN IRON PIPE AND NORTH 12° 59' EAST 371 .32 FEET, MORE OR LESS , TO THE POINT OF BEGINNING, BEING A PORT·ION OF LOT 1, AS SHOWN ON THE MAP OF THE SUBDIVISION OF THE M .S . GARDNER ESTATE, BEING A PART OF THE RANCHO RI NCONADA DE LOS GATOS, WHICH MAP IS ON FILE IN THE OFFICE OF THE R E CORDER OF THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA IN BOOK C OF MAPS, PAGE 39, A N D A PORTION OF SECTIO N 14, TOWNSHIP 8 SOUTH RANGE 1 WEST, MOUNT DIABLO BASE A ND MERI DIAN AND INCLUDING THEREIN PARCEL A AS SHOWN ON THE MAP OF RECORD OF SURVEY OF LAND OF PERLEY PAYNE, WHICH MAP IS ON FILE IN BOOK 70 OF MAPS, PAGE 29, SANTA CLARA COUNTY RECORDS. EXCEPTING THEREFROM THAT PORTION CONVEYED TO TOWN OF LOS GATOS, BY DEED RECORDED OCTOBER 13, 19641 N BOOK 6698 OFFICIAL RECORDS, PAGE 486. PARCEL TWO: A NON-EXCLUSIVE EASEMENTS FOR INGRESS A ND EGRESS AN D FOR THE INSTAL LATION AND CLTA T itle Report Form-Mod ifi ed (11.17 .06) SCA0002402 .d oc I Updated : 02.03 .14 3 Printed: 09.17 .14@ 08:34AM byMW CA-SPS-1-14-FWP5-29891 403 14 EXHIBIT "A" Legal Description (continued) Title No .: FWPS-2989140314-KMB MAINTENANCE OF PUBLIC UTILITIES OVER AND ALONG THE FOLLOWING DESCRIBED PARCELS OF LAND: PARCEL A : A STRIP OF LAND 43 FEET WIDE THE SOUTHWESTERLY LINE OF WHICH IS DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE EASTERLY LINE OF THAT CERTAIN 0.617 OF AN ACRE PARCEL OF LAND CONVEYED BY FAY TUPPER AND SARA L TUPPER, HUSBAND AND WIFE, TO F.C. CUSHMAN BY DEED DATED APRIL 30, 1924, RECORDED MAY 2, 19241N BOOK 86 OF OFFICIAL RECORDS , PAGE 63 , SANTA CLARA COUNTY RECORDS; DISTANT THEREON S. 18° 18' 30" W . 20 .00 FEET FROM THE MOST WESTERLY CORNER OF THAT CERTAIN 1.4384 ACRE PARCEL OF LAND DESCRIBED IN THE DEED FROM L.A. REID ET UX, TO GINO A. PASQUALI ET UX DATED MAY 17 ,1948 AND RECORDED MAY 25 , 19481N BOOK 1621 OFFICIAL RECORDS, PAGE 47, SANTA CLARA COUNTY RECORDS; THENCE PARALLEL WITH THE SOUTHWESTERLY LINE OF SAID 1.4384 ACRE PARCEL OF LAND, S. 72° 55' E. 437 .61 FEET TO A POINT IN A LINE DRAWN S. 17° 05' W . FROM THE SOUTHEASTERLY CORNER OF SAID 1.4384 ACRE PARCEL OF LAND . PARCEL B: BEGINNING AT A NORTHWESTERLY CORNER REFERRED TO AS THE TRUE POINT OF BEGINNING IN THE DEED FROM BOB HARRIS ET UX TO PERLEY B. PAYNE ET UX RECORDED JANUARY 21, 19551N BOOK 3064 OF OFFICIAL RECORDS, PAGE 568, SANTA CLARA COUNTY RECORDS , THENCE N. 17° 05' E. 30 .00 FEET; THENCE N. 18° 33' 50" W. 28.30 FEET; THENCE S. 72o 55' E. 56.49 FEET; THENCE S. 17° 05' W. 53,00 FEET; AND THENCE N. 72o 55 W . 40.00 FEET TO SAID TRUE POINT OF BEGINNING. PARCELC: A STRIP OF LAND 40 FEET WIDE THE NORTHWESTERLY LINE OF WHICH IS MORE PARTICULARLY DESCRIBED AS FOLLOWS : BEGINNING AT THE MOST WESTERLY CORNER OF THAT CERTAIN PARCEL OF LAND AND DESCRIBED IN THE DEED FROM BOB HARRIS ET UX TO PERLEY B. PAYNE ET UX BY DEED DATED JANUARY 21, 1955 AND RECORDED JANUARY 21,19551N BOOK 3064 OF OFFICIAL RECORDS, PAGE 568 , SANTA CLARA COUNTY RECORDS ; RUNNING THENCE ALONG THE NORTHWESTERLY LINE OF SAID PARCEL OF LAND N . 17o 08 ' E. 127.51 FEET TO AN IRON PIPE SET AT THE NORTHWESTERLY CORNER OF SAID PARCEL OF LAND . PARCEL D: A STRIP OF LAND 20 FEET WIDE THE SOUTHWESTERLY AND SOUTHEASTERLY LINES OF WHICH ARE MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE SOUTHWESTERLY LINE OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN THE DEED FROM BOB HARRIS , ET UX TO PERLEY B. PAYNE ET UX BY DEED DATED JANUARY 21 , 1955 AND RECORDED JANUARY 21 . 1955 IN BOOK 3064 OF OFFICIAL RECORDS, PAGE 568 , SANTA CLARA COUNTY RECORDS , DISTANT THEREON S. 75° 01' E. 40 .00 FEET FROM THE MOST WESTER LY CORNER OF SAID PARCEL OF LAND; THENCE RUNNING ALONG THE SOUTHWESTERLY LINE OF SAID PAYNE PARCEL , S. 75° 01 ' E. 130.00 FEET; THENCE RUNNING IN A DIRECT LINE NORTHEASTERLY TO THE NORTHWESTERLY TERMINUS OF THAT LINE IN THE PARCEL OF LAND FIRSTLY HEREINABOVE DESCRIBED HAVING A COURSE AND DISTANCE OF N. 75° 01' W . 70 .00 FEET. CLTA T IUe Report Form· Modified (11 .17.06) SCA0002402 .doc I Updated: 07 .31.13 4 Printed: 09 .17.14@ 08:34AM by MW CA··-SPS-1-14-FWPS-2989140314 REDENBACHER & BROWN, LLP Ofllc:csln Saa F rancisco and Scotts Va lley Gary Rcdcnbacbcr Allomey Michael Vierhus Architect 14407 Big Basin Way, #H Saratoga, CA 95070 RE: APN 527-02-007 August 17,2015 15925 Quail Hill Road. Los Gatos Dear Mr. Vierhus, RECEIVED AUG 18 2015 TOWN OF LOS GATOS PLANNING DIVISION I am a real estate attorney and have in excess of20 years experience with easements. I have been asked by Sabrina Dong for an opinion on whether the property above enjoys an easement for ingress and egress across APN 527-02-001 , 15921 Quail Hill Road, Los Gatos. It is very clear from the recorded documents provided to me that such an easement for ingress and egress exists. One such deed i s the grant deed recorded as document 22295696, recorded July 10, 2013, Official Records of Santa Clam County. That document describes an easement for ingress and egress 20 feet w ide that runs along the Southwesterly line of what is APN 527- 02-001 for 130 feet and then turning Northeasterly to APN 527-02-007. This latter part of the easement essentially bisects APN 527-02-001. This easement is expressed as Parcel Don the grant deed. There is a question as to whether the width of this easement is correctly expressed and reserved. l note that an earlier deed provided to me and recorded in Book 4067, page 280, recorded May 5, 1958, Official Records ofSanta Clara County, while describing the course oftbe easemen~ does not mention a width. Without doing an exhaustive check of the titles ofboth parcels, I cannot reconcile the discrepancy between the two deeds, but it doesn't matter. Since a driveway already exists that follows and approximates the course description, and, I am told, has existed for well in excess of 5 years, even if there was not a recorded document granting a right of ingress and egress, APN 527-02-007 would almost certainly have a prescriptive easement equivalent to the now existing driveway. A lthough I have not done an exhaustive analysis of the elements for a prescriptive right, my preliminary evaluation strongly suggests that the elements for a prescriptive right exists regardless of th e express easement. The location of an easement created by an express grant can be al tered, or its size or use enlarged, by prescription. Scott v. Henry, 196 Cal. 666, 669,239 P. 314 (1925); Kerr Land & Timber Co . v. Emmerson, 233 Cal. App. 2d 200, 228, 43 Cal. Rptr. 333 {1 st Dist. 1965); Ocea n Shore R. Co . v. Doelger, 121 Cal. App. 2d 392, 400, 274 P.2d 23 (1st Dist. 1954). For example, if a roadway easement is properly granted to the owner of the d ominant tenement, but the route Mall: P.O. Box 661 34 Scott! Vallq, CA ""67 (931) 43J.88ll office: 541U Scott! VaUry Dr. Guy@RcdBrownLaw.eem www.IUdBrowaLaw.com EXHIBIT 1 0 , ··~ ..,. ... actually used lies partly outside the granted location, when the use continues for the required period of time, an easement can be acquired by prescription over the route actuaUy used outside of the area conveyed. Robas v. Allison, 146 Cal. App. 2d 716, 720, 304 P.2d 163 (4th Dist. 1956) Moreover, the courts have been loathe to eliminate an express easement. Rather, if there is an argument on the rights of the parties, they generally engage in a balancing of the equities. In a case such as this, I have never heard of a court denying the continued use of a driveway that has been there for many years. Beyond the prescriptive rights argument, it is inconceivable that a court would not interpret the right of ingress and egress as not requiring a minimum width to allow a vehicle to freely pass. Hence, any argument that the easement does not exist because of a discrepancy in the width is without merit. August 13, 2015 Marni Moseley Town of Los Gatos 110 E. Main Street Los Gatos, CA 95030 I -. l John F. Livingstone, AICP 2575 Hill Park Drive San Jose, CA 95124 (408) 476-6366 cell JohnFLivingstone@gmail .com Subject: Proposed new house at 15925 Quail Hill Road Dear Ms. Moseley: RECEIVED AUG 1 3 2015 TOWN OF LOS GATOS PLANNING DIVISION As you know I am working with Brad and Dana Krouskup who live at 15921 Quail Rd ., which is next door to the above project. In last Tuesday's DRC meeting the Krouskup 's discussed some of their concerns with the project as it is currently proposed . These concerns include: (1) access to the proposed new development, (2) parking and vehicle circulation, (3) emergency access, (4) location of the proposed new development and it's setback from their home, (5) overall height of the new development, (6) the absence of any landscaping in what the Town has determined to be the front yard area. The following are a list of concerns we would like the Town to respond to in writing. Process We are concerned that the above project came before the DRC for approval twice without a staff report making specific findings on how the project meets the Town Code, General and Specific Plans and any associated project conditions. At the last DRC held July 21, 2015, Mr. Krouskup handed out copies of information that has not been included into the project file for public review. The same documents have been submitted again at the August 11, 2015 DRC meeting for the public file . We found that the Engineering file has documents not contained in the planning file such as the Geotechnical report. The plans in the planning public file should represent the project which is being approved. The current plans show existing exterior elevations and existing walls that may remain . This is very confusing for anyone reviewing the plans and could lead someone to think that this is a remodel. A new house should show new floor plans and elevations only. This is often done under the false premise that you will gain a tax benefit. Building Department The proposed project includes maintaining the existing secondary dwelling unit. We noted in the planning file that the secondary unit was approved with conditions. We would like confirmation that the conditions were completed and obtain a copy of the building permit. Since the Krouskup 's live in close proximity to the unit, they would like assurance that the structure meets all code requirements and is not a hazard to the hillside area . We also have concerns that there is no access to the structure located on a steep hillside that meets basic building safety requirements . The three story structure is perched on telephone poles and appears to be in disrepair. There have been previous EXHIBIT 11 r \ r code enforcement complaints about garbage around the structure. It would be our preference to see the structure d ~molished and incorporated into the new home with a separate but safe entrance. The unusual 'd E!'sign of the unit would not be consistent in design or quality of any new structures being built in the Town . Pa rk ing The current plans show almost the entire front yard of the project paved and identifies four parking spaces in · the front yard area . Please explain how the proposed plan meets Town Code Sec. 29 .1 0 .060. that states "Off-street parking spaces shall riot be located in any required yard abutting a street." If the parking spaces are removed the project would not meet the General Plan policy TRA- 13 .2 that states the project "Provide an adequate number of parking spaces in all new development." In this case the applicant is proposing to demolish the entire structure and pool and start with a clean slate . I feel the project could be redesigned to have landscaping in the front yard and meet the Town parking code. I don't endorse th is as the front yard but do feel if the To~n goes in this direction; the project shou l d be redesigned accordingly. · Landscaping Please explain how the project meets Town Code Sec . 29.10 .055. -Landscape required. "Any required front yard o r any other required yard abutting a street must be landscaped ." Lot Frontage Please explain how the lot frontage has been determined . The lot would appear to meet the definition of a rectangle lot although the project architect has submitted plans showing the lot frontage to be Quail Hill Road and a very unique determination that a portion of that frontage is actually side yard . This type of unique yard area determination is typically used for pie shaped lots. In addition, by determining that Quail Hill is the front of the lot, it makes the existing carport a nonconforming structure not consistent with the Town Code Sec. Sec. 29.40 .015 . -Accessory build ings as you have defined it. The carport is st ructurally attached to the ma in house and should not be remode led and reattached to the new house . Ex isting Carport The current plans propose keeping the existing carport which is located in the front yard of the proposed plan . The Carport is actually attached to the main structure through the same piece of lumber that is part of the main house rafter. With the main house being completely demolished and then reattache~ to the remodeled carport, the plan is not cc;>nsistent with Town Codes. Please provide a written explanation walking me through the Nonconf?rining s.ection of the Town Code. Guest House F loor Area In my experience, all $tructures on a site are added to the overall floor area and a floor plan provided. I would like the T owri Staff to deem the project as incomplete until a proper floor plan of the structure has been illustrated on the submitted plan set. In addition, I feel it is important to look at all existing structures on the property and how they relate to the design of the proposed new house and recommend that elevations of the existing guest house be provided and part of the public review. F ire suppression We are concerned that the project will require holding tanks and compressors to gain adequate wate r pressure for the fire suppression system. The holding tanks should be identified on the plans. We feel the project should be incomplete until the required access and turn around for the fire apparatus is approved and illustrated on the plan sheet. To date the project has not been approved by the fire district. Site Access As a certified planner, I feel staff should investigate all possible building alternatives to fihd the best project for the community. At the July DRC meeting, I asked about the possibility of provided direct access from Drysdale Drive which is a public street. I was advised by both the planning and engineering staff that this was impossible . I was not able to find any studies on the subject in the Town files . I feel this access is possible and should be investigated by staff and the applicant. We have contracted with a local Architect whose initial drawings support this possibility. As you know the proposed access travels through a maze of easements that we believe are inaccurately shown on the proposed plans. We have provided specific documentation that there is no 20 foot wide easement leading to the proposed home. No documents have been provided to date that establish the 20 foot wide section of the easement leading directly to the proposed home. This is just one of the reasons to investigate using Drysdale Drive, not to mention the design issues already mentioned and emergency services . Site Plan A plan sheet should be provided illustrating the drainage plan for the parking area . The plans should identify any solar or photovoltaic panels for the new house being proposed in order to meet the Hillside Development Standards green guide lines. I'm looking forward to working with you and the rest of the Town Staff to achieve the best possible project that meets the high quality standards of the Town of Los Gatos . In order for the proposed new development to meet basic, reasonable standards and planning principals, not to mention the support of my client , the project will require a significant redesign . Please feel free to call me at ( 408) 4 76-6366. Thank you, John F. Livingstone, AICP cc: Laurel Prevetti, Community Development Director Michael Machado, Building Official Fletcher Parsons , Town Engineer Fire District This Page Intentionally Left Blank August 17 , 2015 John Livingstone 2575 Hill Park Drive San Jose CA 95124 ToWN oF Los GAros COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION (408) 354-6872 FAX (408) 354-7593 RE: 15925 Quail Hill development concerns Mr. Livingstone, CIVIC CENTER 110 E. MAI N STRE ET Los GATOS, CA 95030 Thank you for providing us with your client's concerns regarding their neighbor's development application. Many of the items have been discussed at prior meetings but I am including them below for the record. 1) Process: The application was reviewed by staff and scheduled for public hearing based on the completeness of the application. The application was continued from the July 21,2015 meeting to allow the applicant to provide further documentation by their licensed professionals in regards to the location of the easements onsite, referenced within their title report. The item was considered at the August 11, 2015 DRC meeting and continued again at your client's request in order to allow further time for the title companies to investigate discrepancies between reports which were provided by your clients at that meeting. The information had not been provided by your clients to either staff or the applicant prior to this meeting. Both Planning and Engineering maintain public files for development applications. 2) Building Department: As discussed, the second unit is existing and is not under the scope of the proposed application. No changes are proposed or required for the legal second unit. Copies of the approved application and building inspection report are attached. As shown the stated conditions of approval were later removed based on state law. 3) Parking: As discussed, the plans propose to retain the existing parking and only a slight increase to the existing paving configuration. The required parking is located in the existing garage/carport which will be retained and modified within allowable standards. The additional . parking spaces shown in front of the residence are a guideline of the Hillside Specific Plan and are not required parking spaces. Therefore they are permitted in the front setback. The proposed plan complies with all perking requirements of the Town Code. 4) Landscaping: The applicant will be providing and maintaining appropriate landscaping in the required front yard in areas not dedicated or required for ingress egress and as such would comply with the Code section specified . 5) Lot Frontage: Prior to development of the architectural plans the app licant conferred with the Town and the setbacks are labeled as directed by staff. However, even if the required front yard continued to the southeast property comer, all proposed improvements are located more than 30 feet from the south property line and would therefore conform to front yard or side yard setbacks. The carport/garage is legal non-conforming whether this is the front yard or the side yard. Section of29.1 0.245 permit the proposed modifications. 6) Existing Carport: The applicant is proposing to retain the existing carport/garage and to provide a conforming breezeway (Section 29 .10.020) from the detached structure to the residence. This complies with Section 29.40 .015. I NC ORPORATED AUGUST 10, 1887 7) Guest House Floor Area: The applicant has verified that the ceiling height of the loft area is less than the 7' required by building code (7 feet) for habitable space, and therefore only the footprint as provided qualifies as floor area. The unit may be maintained as is until a life and safety issue is reported and confirmed. 8) Fire Suppression: As discussed; the Fire Department is not requiring water storage tanks for the proposed development, In addition, they have confinned that a fire turnaround will not be required. 9) Site Access: As discussed; both the applicant and staff have considered the possibilities for alternative means of accessing the site, even prior to purchasing the property, Ms . Dong came and discussed the potential options with staff. Due to the natural grades along the Drysdale and Shady Lane frontages , and the natural condition of the hillside, development of a new access in these areas would not conform to Town Standards and Guidelines. As a result staff would not support a development plan that requires significant grading, retaining walls, and development outside the Least Restrictive Development Area (LRDA) when a legal functioning access is currently in place. All documents provided by both your clients and the applicant clearly show legal ingress/egress and utility rights over your client's property. Even without a defined width, the rights for access exist. 1 0) Site Plan: The proposed development plans include a preliminary grading and drainage plan for the proposed development (sheet 2 of 2 by Alpha Land Surveys Inc). The Hillside Development Standards and Guidelines do not require solar installations for this type of development, if any are proposed in the future they will be reviewed based on current standards and regulations at that time. Based on State law, the Town cannot require a discretionary process for solar installations, and would therefore not be considered as part of this application process . Sincerely, ·r M::;~ Associate Planner MFM:MW:sr Cc: Sabrina Dong, 15925 Quail Hill Road, Los Gatos CA 95032 Brad Krouskup, 15921 Quail Hill Road, Los Gatos CA 95032 N:\DEV\Mami\Letters\15925 Quail Hil·response .doc I I • TOWN of l.OS GATOS CIVIC ct:NTER • 110 t:AST MAIN STIU:t:T • P.O. BOX 949 • lOS GATOS, CAI.It'ORNIA 95031 SECONDARY DWELLING UNIT PERMIT GRANTED TO: PERLEY AND DIANE PAYNE ____ _ PROPERTY ~ER AT: 15925 QUAIL. HILl . ROI\0 ____ _ PURSUANT TO CHAPTER 3 ,% OF THE LOS GATOS ZONl~ ORDlMNCE, APPROVAL IS GRANTED SUBJECT TO CONDITIONS FOR AN EXJSTJt\'G SECONDARY 111'/ELUNG UNIT LOCATED AT, AND DESCRIBED AS FOLLOi/S : APN II 527-02-ft~ I .· . THIS APPRCWAL IS SUBJECT TO THE Ca-1PLEllON a= CONDITIONS ATTACHED TO llUS P~IT AS REOOIRED BY THE BUILDING OFFJCJAL>AND · TilE TO,..-N . Of-. LOS GATOS, .EAIWRE T~fWJ'.E NN Of IHESE CONP JTJONS WITHIN THEIR ; RESftECTlVE Ilt-1.E...f.Blt1~.L...f1t\j'_RJ;.$!J1.T..l.fi_llif. Rl;'IOCATION OF Tti.E SECOODAAY I:MELLJOO '·utUll..EBMJI, MTE ISSUED: t-1ARCH_2_. G"'-, _1_98_& ___ _ NL CONDITIONS l-UST BE CC1·1PLETEDiWITHIN 30 DAYS UNLESS SPECIFIB> OTHERWISE, ~.E. AFFIDAVIT FILED WITH PLANNU~r DIRECTOO.· 0 './ DECLARATION OF RESTR~CTJON. F.lLED .~~~.~~~~ ~1~ECTOR • • ••• ' • ·' l • APPROPRIATE BUILDI~ P~ITS 'FILED w·rrH BUtlDit(;' ·oFFICIAL _jJJA_ __ ~ INAL APPROVAL: _!!A~L8=6'-------- clL0~ llNG OFFICIAL ---- : •I •, . ,. . . ... r · .... · ·· ...... • ot1 I ••' ~· .. .. .. .... : . .( .: . . .: .... \ .";_ .. . . . (~ ... . / .• -·; :.. .. ,., 'i ··:····· ~,. :· ....... . I . Uarch et,, l 1Jr16 f>crlcy & Ohne f'ayfln 159?.G Quail llill Ro<>d Lor. 0<\tos, en f,,!i030 ( PLANNING OEPAftni..C:HT <408) J.Gcl-697?. RE: 1592fi Quail lti 11 Ro«d/OPHt5?.7-0?.-001 Secondi\I'Y D"u~lling Unit. Por-rni t ' n St!Cond.\I'Y Ouclllnq UnH permit uilliH? <wrrovml anrt isc:.ut~d for utwn tht' f(•l lmtin•J r:ond i t.in,,~ •• wn eo.np 1 etmf. ' I . ' .\ : ·-4: I :\;· , . .J ~; .'~ ,t,: .... ....... ~. 1. Cwnp}(~tion oi tlw t!IH:lofind lh:mf H(!f;tf'iction i .nc\udin!J l.ht~ ·si!JI'h\tllf'~r. nf llll prora~r·ty oww•·s and •' COJlY of the pr·oper•ty d1 ~mt. lhi~ dr!(~ll r·t~~;tl"idinll mtwi. h~ nnt<~dxed "nd filed tlith tth• PlMnfn!f IHrf!l:to'' hy no l.\t€?r t.hi'n t.hidy <!30) d.ws dt•~•· thr.> tJ,)h• of thi<: not i ct•. r~. Cn:nph!tion of tim tmtlost!d ''ffidavi t inr.ludj.n9 the ~;ignaturc? of thr! oun~r· r~sidin!J princir'•'lly Ol\ thn property, .,nd fi lt~d ui th (h(~ PlMmin!J Oirc rl'w hy no l,,tor th.'n thi.rty <=JO) d,wc, ,,ftnr the oi\t.(! of thi.!i notice. b"IDJH'I~ ... to . Clllilt~l.t~.tc .. ~'.1\'r U ( \ht!~tLI.:I11HtHiUIH>..UY..J.ht:ll~-t:C:!il~l'(.; \i \'I! . .U.I·~i :~, . .\tli)Y .. n~r,ul t io ... tluu:cvucu.ti.uo u1 )'u\tr. !ir~c:mu.t~11:~· Ou!!lli.wt..Uni.t .e~r:rui .t. t\t SUCh till\(.> \lh£!0 4tl l'f~<(Ulf'(J(1 COIIIfiliCIIIC ,H'(~ r.mnplL'tf.•cJ to thP. i>.lli~;f.\l .linn of tlw Phnnin9 Dir·uctor· \\lld t.lw 8ui1.din•J flffic:i.,l of lhP TmJ•l nf lu ~; o.,tu·.•• •' pet•mH \~ith fillc'\l d<dH of ,,pprovc\1 ufll l.w L~;sumJ. P..~r. .. ch~w.tcc .. 3 ... 9.6 .. oL 1hu.J.o:; .. Grlios .. Zoni09 _Or.din"nr.c J. •• ihi.~ _aeer.oY.a l .. mar. .. bn ... ,w.naa lml .to .. tbc .. l'.limn iou _cmomi fis ian _ui :th in_.ten .. 110Ld":iu .. uf _ i:isuMntc. If you h.we i\nY questiom; I'I!!Jar·ding thi!:; •n~Her, plca~e contt\d Ki.r•k•llnirwic:hs of this office l.lutw~en tht~ hours of . 1:00 ''"d S:OO p.tn. Vary trulY yourr., L \<: . I ;1 .... -... ---~ LEE E. OOWHnN P lanl\ in g 0 i rf'ctor• ··LEO :t<U;cl · <:c:: Sarii h.Hon bhltricf t il,. 100 Sunnyoake Ayenue, Ca~bell, CA 95008 . . -\ , March 25, 1986 Perley Payne 15925 Quail IH 11 TOWN of LOS GATOS P.O. BOX949 LOS GATOS, CAI.IFORNIA 95031 BUILDING DEPARTMENT Los Gatos, Cal Jfornla 95030 RE: Secondary Unit, 15925 Quail Hill, Los Gatos In response to your application, an Inspection ,.,as made to determine requirements f'lr approval of an existing secondary dwelling unit as provided In Sect lon 3.96.010 of the Town Zoning Ordinance. Attached Is the Building Department 's report Indicating code corrections required f~r approval. Host correction work will require permits from the Building Department; application for permits mily be made through that Department. Further, all corrections 1-1ill require a final Inspection. Any Interested person rnay appeal to the Roard of Appeals from any decision of the Building Official. A request for an appeal must be made In writing to the To\'in Clerk \'t!thln thirty days. In addition, it Is required that a deed restrlctlo~ and/or affidavit be recorded wl th the County Assessor concerning Ol'lner occupancy of one of the dwelling units on the property . Once building permit requirements have been finalized, see Kirk Heinrichs In the Planning Department. Sincerely, ~vJJ::::__ Archie Watson Building Official AW: sam cc : Kirk Helnrli~s, P la nnln~ Department Encl. . ·:.: ~,:· /:: : ., . ' . •. . . . . . . . ·. . . . . . . . ... . , ~~,~~-~~i;:;',-;,: .. :·, .. : ..... ·.:-.. ~-.:· << .. ~::.:~: !;~:;_:,-·, .. ::. ·• : .. :·;: ;-r;:.:. L\:::;i~;;~:~;-"\~, :· .,·-l . '. ' '. . . . ··= .; ,:~ : .· : ... . . • , .• .-: ••• 1:' • !:.: ............. .-'.. ...... : :. _: . ; .. ."·.:·_~/ .. ~::\:·.~-~ ·: .. ; .. ':::; ... -~:\i.;': <·~\·::-~_: .. \-.. ,• .. ~ .... -~ ".:: : .. :·:: ~ : ·. ·, ... TOWN OF LOS GATOS INSPECTION RErORT Address : 15925 Quail IIIII, Los Gatos Date: March 2~. 1986 By: Archlr. Watson 8td1dlng Offlcl<ll BUILDlNG OEPAk~HENT Inspection of the second unit located at the <lbovc address determined that no corrective v-tork Is required. . . ~~-·~l il··~·,-~~i·~·.·~·~i·~,~-:.~~~,~~~~~~~~-~~~.--.~.:~:.; .• ~~-~--=~~··········~~·~··~-~~;~j·;~\~~~~.:~0~i~i~:~;~;~{~~~~~;~:·~\;~·~Jl4 %sG~k 4 :. I August 18, 2015 Marni Moseley Town of Los Gatos 110 E. Main Street Los Gatos, CA 95030 John F. Livingstone, AICP 2575 Hill Pari< Drive San Jose, CA 95124 (408) 476-6366 cell JohnFLivingstone@gmail.com Subject: Proposed new house at 15925 Quail Hill Road Dear Ms . Moseley: RECEIVED AUG 7 8 2015 TOWN OF LOS GATOS PLA NNING DIVISION Thank you for your prompt reply to my August 13 , 2015 letter. Unfortunately your August 17 , 2015 letter does not adequately address the items listed in my letter. If you would please provide written clarification of the below concerns it would be appreciated. Process: 1. Will the Town be preparing a staff report making specific findings on how the project meets the Town Code , General and Specific Plans and any associated project conditions as required in the Hillside Specific as noted below? E. Required findings In addition to the considerations for architecture and site approval provided in the Town=s Zoning Regulations, the decision making body shall also find that the proposed project meets or exceeds the objectives and requirements of the Hillside Development Standards and Guidelines and shall provide supportive evidence to justify making such findings. 2. Will the Town require the appl icant to update the plans? The plans in the planning public file should represent the project which is being approved. The current plans show existing exterior elevations and existing walls that may remain. This is very confusing for anyone reviewing the plans and could lead someone to think that this is a remodel. A new house should show new floor plans and elevations only. This is often done under the false premise that you will gain a tax benefit. Building Permits: 3. Is there a build ing permit for the secondary unit? T he attachments sent are planning documents. I am looking for a standard building permit with as built plans . r ' Hillside Development Standards and Gu idelines 3 . Development shall have adequate fire access (also see Chapter Ill section C and Chapter VII section b.2.). 4. A dependable and adequate water supply for fire protection and suppression purposes, as required by the Santa Clara County Fire Department, shall be provided for all properties. If no public hydrant is available, there shall be an on-site water supply in a storage facility with an appropriate outlet valve in close proximity to an accessible hard road surface. 5. Water for fire suppression shall be available and labeled before any framing may begin. 6. Above ground water tanks shall not be located in required setback areas .. Hillside Specific Plan 15. On-Site Parking and Turnaround Areas:Parking and maneuvering areas for emergency vehicles should be provided as required by the Central Fire District. In addition to those parking spaces in garages or carports, not less than four on-site parking spaces shall be provided where roadways are not designed to permit parking. Driveways may be used to provide this parking, except where all or a substantial part of any residence is in excess of one hundred fifty (150) feet from a safe and adequate access road. 2. Fire Protection.· a . Adequate water supply for fire protection and suppression purposes as required by the Uniform Fire Code shall be required for all properties being developed. If no public hydrant is readily available, then there shall be an on-site water supply in a storage facility with the appropriate outlet valve no less than six to eight feet from an accessible hard surface road. The specific size of such a facility shall be based upon the number of dwelling units and be determined by the Central Fire District. b . Minimum fire protection standards for building construction in hazardous areas as established in Appendix E of the Un iform Fire Code shall be implemented and reviewed at the Architectural and Site Review level. Site Access 10 . Please explain how the proposed project meets the following . Hillside Specific Plan 2 . Private Roads Versus Public Roads: a . An adequate system of publicly owned and maintained roads is the best means of providing adequate access to all properties. Access by private road shall not be allowed unless fundamental to a special approved design concept unless full provisions for construction and maintenance of the private road system have been approved and unless it is consistent with neighborhood circulation. 6. Two Means of Access: a. As a guide to developing a circulation plan, two means of access shall be provided to all areas. If dual access is NOT available, the land use intensity shall be limited in accordance with the access provided.b . Secondary access shall be sought for existing dead end streets. c . The second means of access shall not encourage through traffic to nonresidents and could be limited to emergency access only. d. Where single access roads exist, acceptable provisions shall be made for emergency access. Emergency access roads shall be designed to assure passability, however, the design shall prevent unauthorized non-emergency through access. 16. Proof of Access Rights:Documentation of proof of private access rights must be provided by the developer at the initial project review stage . Park ing: 4 . Please clarify the section you are referencing in the Hillside Specific Plan that allows an exception to the below zoning ordinance requirement? Town Code Sec. 29 .10.060. Off-street parking spaces shall not be located in any required yard abutting a street. La ndscaping : 5. Please explain how the project will be meeting the below landscape requirements? Will the project be deemed complete without a landscape plan? Will the plan include landscaping along the public street Drysdale Drive? Town Code Sec. 29 .10.055. -Landscape required. "Any required front yard or any other required yard abutting a street must be landscaped." Hillside Development and Guidelines 2. A landscape plan shall be provided and will be reviewed by the Town 's Landscape Consultant with input from the Fire Department. Lot Frontage: 6. Please explain how the lot frontage has been determined by the Community Development Director? This type of unique yard area determination is typically used for pie shaped lots . What criteria was used to support this determination? It would appear this was an effort to reduce the nonconformity of the carport setback by having a portion of it fall in a side yard . Existing Carport/Nonconforming Structure: 7. Please clarify which section of 29 .10.245 you are using to allow the existing carport; that is structurally attached to the main residence , to remain? Guest House Floor Area and Design : 8. How does the secondary unit comply with the Hillside Compliance check list below? Will you be requiring a separate plan page illustrating the existing secondary unit elevations and floor plan to allow public review of how the new house will be architecturally compatible with the existing unit? E Accessory building, pools and sports courts S1 Accessory building have the same setbacks as main building S2 Ace. buildings integrated wltopo +use similar forms, colors, materials S3 No sports courts or pools on slopes greater than 30 percent S4 New caretaker units allowed when in compliance with the following : S4.a Necessary/desirable to provide maint. or services to property/facilities S4 .b The lot is large enough to support second living structure S4 .c Maximum floor area for caretaker unit-900 sq ft S4.d Architecturally compatible wlmain structure . Fi re suppression: 9. To date the project has not been approved by the fire district. We are concerned that the Fire District has not adequately reviewed the plans in relation to the below requi rements . ( 18. Access Roads:Access roads as used herein are defined as roads connecting a parcel of land being considered for development to the nearest improved public road. Access roads shall meet the following development standards: Consu lt ing Architect : 11 . As referred to in the last DRC meeting we would like to have a copy of the report prepared by the consulting architect. Thank you , John F. Livingstone, AICP cc: Lau rel Prevetti, Community Development Director Michael Machado, Building Official Fletcher Parsons , Town Engi neer Fire District September 2, 2015 John Livingstone 2515 Hill Park Drive San Jose CA 95124 ToWN oF Los GAros COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DMSION (408) 354-6872 FAX (408) 354-7593 RE: 15925 Quail Hill (August 18, 2015 letter) Mr. Livingstone, Crv1c CENTER 110 E. M AJN STRE ET Los GATos, CA 950 30 Thank you for your additional questions, staffs responses to your questions are below: 1) Staff Report: While staff does not prepare a detailed staff report for items that are considered by the Development Review Committee (DRC). The findings and conditions of approval are prepared for the meeting and staff has shared both of these with you as requested. 2) Update of Plans: As discussed, the applicant is proposing to retain portions of the residence and the proposed plans are consistent with the applicant's proposed scope of work. It is never discouraged for applicant's to provide existing elevations as part of the background information for new residences. Similar to an existing site plan; the existing elevations are relevant in the analysis that is completed by staff. 3) Second Unit: As discussed, staffhas provided the documentation in regards to the existing second unit. The Town does not have any documentation as to the actual construction of the structure. No changes to the second unit are proposed or required as part of the application. 4) Parking: As discussed, the additional parking shown in front of the residence is not required parking per Town Code Standards. The Hillside Specific Plan (HSP) requires an additional four parking spaces be provided onsite when street parking is not feasible or available, however the HSP specifically states as part of that requirement that they may be provided in the driveway (which is permitted in the required setbacks). 5) Landscaping: The applicant is not proposing significant landscaping changes to the property and therefore a landscaping plan was not considered or required for this application . Town Code does require that the front yard be landscaped, however the area required for parking access is exempt. When appropriate staff requires pavers or a decorative paving solution be provided when paving is proposed to significantly increase, be highly visible, or inconsistent with the neighborhood. Staff does not consider the proposed project to fall into any of these three categories. 6) Lot Frontage: Please refer to staffs letter dated August 17, 2015 on this matter. 7) Existing Carport: The carport/garage is being attached to the residence by way of a conforming breezeway, exactly the same as was used on Mr. Krouskup 's property when it was remodeled similarly to the applicant's in 2004. According to Town Code (as clarified in staffs letter from August 17 , 2015) a breezeway connects an accessory structure to another structure, and does not deem the structures as attached. 8 ) Guest House: As previously stated above , the second unit is not part of the proposed application. No modifications are required . I NCORPORATED AUGUST 10, 1887 9) Fire Suppression: As previously provided, the fire dept. has conditionally approved the application. There are no outstanding fire issues. If you have questions regarding this you may contact the fire dept. directly. A fire hydrant is located within a sufficient distance from the subject property, and the fire dept. has not historically and will not require a formal tum around for any of the properties on Quail Hill Road. 1 0) Site Access: The applicant provided a current title report which documented the legal ingress/egress easement accessing the property. The use of the site as a single family residence will not change with the proposed application. Therefore the application conforms with the referenced sections of the HSP . 11) Consulting architect: Staff has provided the requested report. Sincerely, ~11 ~J/---· Mami F. Moseley (j Associate Planner MFM:MW:sr Cc: Sabrina Dong, 15925 Quail Hill Road , Los Gatos CA 95032 Brad Krouskup , 15921 Quail Hill Road, Los Gatos CA 95032 N :\DEV\Marni\Letters\ 15925 Quail Hil-response-2 .doc DATE OF DECISION: PROJECT/APPLICATION : LOCATION: TOWN OF LOS GATOS COMMUNITY DEVELOPMENT DEPARTMENT IJO E. Main Street Los Gatos, CA 95030 APPEAL OF THE DECISION OF DIRECTOR OF COMMUNITY DEVELOP OR DEVELOPMENT REVIEW COMMIT E DRC Public Hearing -August 18, 2015 Architecture and Site Application S -14 -027 1 5925 Quail Hill Road (APN 527-02-007) Los Gatos, CA 95032 LIST REASONS WHY THE APPEAL SHOULD BE GRANTED: 1)Signi£icant negative impact on our adjoining property. 21Proposed new development does not complY with Hillside Development Standards 3lProposed new development does not comply with Los Gatos Hillside Specific Plan 41Prooosed new development relies on ing r ess/egress across our adjoining propert y. There is no legal easement supporting the required access. S)Application S-14-027 is incomplete . IMPORTANT: I . APPEAL MUST BE FILED WITHIN TEN ( 1 0) DAYS AFTER THEDA TE OF MAILING OF WRITTEN NOTIFICATION OF THE DECISION. 2. THE APPEAL SHALL BE SET FOR THE FIRST REGULAR MEETING OF THE PLANNING COMMISSION WinCH THE BUSINESS OF THE PLANNING COMMISSION WILL PERMIT, MORE TIIAN FIVE (5) DAYS AFTER THE DATE OF THE FILING OF THE APPEAL . THE PLANNING COMMISSION MAY HEAR THE MATTER ANEW AND RENDER A NEW DE IN THE MA ITER. 3. YOU WILL BE NOTIFIED, IN WRITING, OF THE APPEAL DATE. 4 . CONTACT THE PROJECT PLANNER TO DETERMTNE WHAT MA SUBMITTED FOR THE PUBLIC HEARING . RETURN PRINT NAME ____::;;B..:;;r....:.a""d::,_;,.:....:...........:..::~=-=-:..:...:.:.._ DATE August 2 0, 2 015 ADDRESS PHONE 408-605-0113 Los Gatos, CA 95032 OFFICE USE QNL Y DATE OF PLANNING COMMISSION HEARING: COMMISSION ACTION : I . DATE: ________________ __ 2. 3. PLAPPEAL PLAPPEAL PLAPPEAL N:•DEVIFORMS\l'l> .. io;I201S ·I6 Fonus\API'<lll Cl>ll·DRC.docx DATE: DATE:------------------ $ 181.00 Residential $ 725.00 Commercial $ 74 .00 Tree Appeals Ml'2015 _EXHIBIT 1 2 This Page Intentionally Left Blank