12 Staff Report - 17101 Hicks Road
DATE: TO: MEETING DATE: 3/01104 ITEM NO. /:J.. COUNCIL AGENDA REPORT February 24, 2004 FROM: TOWN MANAGER SUBJECT: CONSIDER AN APPEAL OFTHE PLANNING
COMMISSION'S DECISION IN APPROVING 13 NEW SINGLE FAMrr...y RESIDENCES WITHIN AN APPROVED PLANNED DEVELOPMENT ON PROPERTY ZONED HR5:PD. PROPERTY LOCATION: 17101 HICKS ROAD. Frr...E #S-02-088
THROUGH S-02-100. PROPERTY OWNER: THE DAGNEY GROUP, LLC. APPLICANT: GREENBRIAR HOMES COMMUNITIES, INC. APPELLANTS: GREENBRIAR HOMES COMMUNITIES, INC. (ALL APPLICATIONS) AND MIKE AJLOUNY
(S.,02-99). RECOMMENDATION: 1. Open and hold the public hearing and receive public testimony. A. Greenbriar appeal B. Ajlounyappeal 2. Close the public hearing. . 3. Uphold the Planning
Commission's decision and retain the conditions of approval as modified by the Commission. 4. Refer to the Town Attorney for the preparation of the appropriate resolution(s). If the
Town Council determines that the Planning Commission's decision should be reversed or modified relative to either or both appeals: 1. The Council needs to find one or more of the following:
(1) Where there was error or abuse of discretion on the part of the Planning Commission; or _.;.__ ' ,\ I -......:.. : t '. . i \. \ 1< ..'-J-.( _
; --, ,<-' PREPARED BY: Bud N. Lortz, Direcror of Community Development N:IDEy\SUZANNEICL'unciIIReportsIFwd. to TCl171 01Hick.<-A&S. wp<! Reyiewed by: \-Js:5 Assistant Town Manager
Attorney __Clerk'---_Finance __Community Development Revised: 2/24/04 3:33 pm Reformatted: 5/30102
PAGE 2 SUBJECT: APPEAL OF THE PLANNING COMMISSION'S DECISION IN APPROVING 13 NEW SINGLE FYRESIDENCES WITHIN AN APPROVED PLANNED DEVELOPMENT;
FILE #S-02-088 THROUGH S-02-1 00. February 24,2004 (2) The new infonnation that was submitted to the Council during the appeal process that was not readily and reasonably available for
submission to the Commission; or (3) Art issue or policy over which the Commission did not have discretion to modify or address, but which is vested in the Council for modification or
decision. 2. If the predominant reason for modifying or reversing the decision of the Planning Commission is new infonnation as defined in Subsection (2) above, it is the Town's policy
that the application be returned to the Commission for review in iight ofthe new infonnation unless the new infonnation has a minimal effect on the application. 3. If the appeal(s) is/are
approved, use the findings included as Attachment 3 for consideration of the Architecture and Site applications, and modify conditions in Attachment 4 as appropriate. The Council may
use findings made by the Planning Commission on January 14,2004. 4. Refer to the Town Attorney for preparation of the appropriate resolution(s). BACKGROUND On March 4,2002 the Town Council
approved a Planned Development for 14 single family homes on 80.3 acres located generally at the intersection of Shannon and Hicks Roads. The 14 units includes the reconstruction ofa
home that was destroyed by fire. The property was rezoned to HR5:PD under the Planned Development approval. The Planrted Development Ordinance is attached as Exhibit A. PD Conditions
4, 7-11 and 20-21 are specific to the architecture and site approval for the new and replacement homes. The applicant will be constructing the 13 new homes and the seller of the property
will file a separate application to construct a replacement home on lot 14. On January 22, 2003 a vesting tentative map was approved by the Planning Commission. The final tract map will
subdivide the property into 14 lots for the single family homes (lots 1through 14) and two open space parcels. Building pennits will not be issued until the final map has been recorded.
On January 14, 2004 the Planning Commission considered the architecture and site applications for the 13 new homes. The Commission approved the applications adding and modifying a number
0 f conditions. The applicant, Greenbriar Homes Communities, appealed the Commission's decision primarily due to a concern about the size limit on the garages. A neighbor, Mr. Mike Ajlouny,
appealed the approval of the application for lot 12 as he objects to it being a two-story home. In addition Mr. Ajlouny would like utilities provided to his. property line.
PAGE 3 SUBJECT: APPEAL OF THE PLANNING COMMISSION'S DECISION IN APPROVING 13 NEW SINGLE FAMILYRESIDENCES WITHINANAPPROVED PLANNED DEVELOPMENT; FILE
#S-02-088 THROUGH S-02-1 00. February 24, 2004 PROJECT SUMMARY: The applicant is requesting approval of architecture and site applications to construct 13 new single family homes as
shown in the development plans (Exhibit I to the January 14, 2004 report to the Planning Commission). Thirteen different home designs are proposed as specified by the Planned Development
Ordinance (Exhibit A to the January 14, 2004 Planning Commission report). The designs include variations in architectural style, height, lighting fixtures, exterior materials and color
schemes. A chart that includes a break down ofthe floor area, height and number ofstories for each home is included on pages 2 and 3 of the January 14, 2004 Planning Commission report.
Project data sheets are Exhibit H and plans for the new homes are Exhibit I to the Commission report. Colored renderings have been prepared and will be displayed at the Council meeting.
PLANNING COMMISSION ACTION: On January 14, 2004, the Planning Commission considered the subject architecture and site applications. The Commission received public testimony and discussed
the project. The Commission approved the applications and modified five conditions as follows: A provision that landscaping be informal and natural in design was added to Condition #5.
• A requirement to limit the amount of hardscape within the landscape plans was added to Condition #6. • Outdoor lighting is required to be reviewed again to ensure that exterior and
landscape lighting is minimal and is limited to what is needed for pedestrian safety and security (Condition #7). Condition #15 was modified to require fencing to be a minimal as possible
and to be of an open style to be approved by the Director of Community Development. The proposed project entry signs were not approved (Condition #16). The Commission added conditions
as follows: 8. ORIENTATION OF HOUSES. Provide as. much variety as possible relative to the orientation of the houses to the street and the building footprints. 9. WINDOWS. Windows shall
be recessed and!or shall be under overhangs, and shall be tinted or coated to reduce glare during the day and light emanation at night. No snap-in grids are allowed and windows shall
be high quality with a wood appearance if real wood is not used. The plans shall be reviewed and approved by the Director ofCommunity Development and Consulting Architect as part of
the building plan check review. This requirement shall be included in the CC&R's.
PAGE 4 SUBJECT: APPEAL OF THE PLANNING COMMISSION'S DECISION IN APPROVING 13 NEWSINGLE FYRESIDENCES WITHINAN APPROVED PLANNED DEVELOPMENT;
FILE #S-02-088 THROUGH S-02-100. February 24. 2004 10. GARAGE LOCATION. The garages shall be relocated to the rear ofthe houses or integrated into the side so the doors are not visible
from the street. Consider the use of detached garages and provide as much variety as possible. Garage relocations shall not impact the mass or scale of the homes nor appreciably increase
grading quantities or the hardscape of the site. The modifications shall be reviewed and approved by the Director of Community Development and Consulting Architect prior to submittal
of plans for building plan check. 12. LOTS 2, 5, 11 & 12. Two story homes shall be modified to the bulk and mass. Revised plans shall be reviewed and approved by the
Director ofCommunity Development and Consulting Architect prior to submittal of plans for building plan check. 11. GARAGE SIZE. The houses shall not exceed 4,850 square feet and the
average house size shall not exceed 4,650 square feet as stipulated by the Planned Development Ordinance. Up to 400 square feet of garage area shall be exempt from the floor area allowance
for the houses. If the garages are larger than 400 square feet, the additional floor area shall be counted toward the floor area of the houses. 13. LOT 2. The integration of the main
house with the breezeway and roof of the garage shall be reviewed by the Director ofCommunity Development and Consulting Architect, and any modifications that are determined to be appropriate
shall be incorporated into the plans. This shall be completed prior to submittal of plans for building plan check. 14. LOT 12 WINDOW. The window at the rear of the house shall be reviewed
by the Director ofCommunity Development and Consulting Architect to enure its design is appropriate for a rural house. Any modifications that determined to be appropriate shall
be incorporated into the plans. This shall be completed prior to submittal of plans for building plan check. 17. PERIMETER LANDSCAPING. A grove ofnative trees and shrubs shall be planted
around the subdivision to screen the new homes and to continue the natural band of growth visible on nearby hillsides. Planting shall be done in an irregular pattern to the satisfaction
of the Consulting Arborist and the Director of Community Development. The groves shall be protected and maintained by the Homeowner's Association and shall be included as a provision
in the CC&R's. 33. CONSTRUCTION ROUTE. Construction vehicles shall access the site form Camden Avenue/Hicks Road, not Shannon Road. Revised condition are included as Attachment 4. Deletions
are shown with a strike-out and additions are in bold type.
PAGE 5 MAYOR AND TOWN COUNCIL SUBJECT: APPEAL OF THE PLANNING COMMISSION'S DECISION IN APPROVING 13 NEW SINGLE FAMILYRESIDENCES WITHINAN APPROVED PLANNED DEVELOPMENT; FILE #S-02-088
THROUGH S-02-1 00. February 24, 2004 APPEALS: Following the Planning Commission's decision on the architecture and site applications two appeals were filed. The applicant appealed all
13 applications and an affected neighbor appealed the decision on a single application (file #S-02-99). The following discussion summarizes the two appeals and provides staff response
to the issues and concerns. Greenbriar Homes Appeal Attachment 1 is the applicant's appeal statement. Although the Commission approved the 13 applications, the applicant objects to the
limitation on the size of the garages (400 square feet) and believes that the Commission should not have required changes to the design ofthe homes since they were all reviewed by the
Consulting Architect and all recommendations were addressed. The applicant has provided letters summarizing these concerns and addressing the concerns of an immediate neighbor and second
appellant, Mr. Ajlouny (see Attachment 5). The PD Ordinance does not address the size ofthe garages. Initially staff indicated that the should not exceed 800 square feet
based on the garage size allowance in the draft Hillside Development Standards & Guidelines (HDS&G). The applicant responded by reducing the size of the garages (four were reduced by
250 square feet) and eliminating an optional garage that was initially shown on the plans. On October 20, 2003 the Town Council discussed the draft HDS&G and indicated that 800 square
feet was excessive. On January 5, 2004 the Council adopted the HDS&G and specifically allowed a 400 square foot exemption for garages. Staff provided the following three options for
the Commission's consideration at the January 14 hearing: 1. Include the garages in the maximum allowed floor area specified by the approved PD (4,850 square feet maximum, 4,650 average
home size). 2. Exempt 400 square feet of the garage and count the remainder towards the maximum floor area of the approved PD. 3. Approve the applicant's request for garages ranging
in size from 795 to 799 square feet. The Planning Commission discussed the issue of the garage sizes and decided that option 2 best complied with the intent ofthe PD Ordinance. The applicant
maintains that when the square footage figures were agreed on, garage floor area was not included in those numbers. The conditions added by the Commission with regards to the design
ofthe new homes are primarily refinements 0 f the designs and do not conflict with the recommendations 0 f the Consulting Architect.
PAGE 6 SUBJECT: APPEAL OF THE PLANNING COMMISSION'S DECISION IN APPROVING 13 NEWSINGLE FYRESIDENCES WITHIN AN APPROVED PLANNED DEVELOPMENT;
FILE #S-02-088 THROUGH S-02-1 00. February 24, 2004 The relocation of the garages could be problematic on some of the lots due to slopes and increased grading that would be needed if
the garage is moved. The applicant is studying this issue to determine which garages can be easily shifted or relocated to address the Commission's desire for more variety within the
development. Ajlouny Appeal Attachment 2 is Mr. Ajlouny's appeal letter. His objections to the approvals granted by the Planning Commission on lots 12 and 13 are as follows (staffcommeIJ,ts
are in italics): • The home on lot 12 should be one-story. The Commission approved a two-story design for lot 12 and requested that applicant work with staffand the Consulting
Architect to reduce the bulk and mass. The applicant has already discussed design changes with staffand the Consulting Architect and is prepared to satisfy this condition. The house
design is a partial two-story with some single-story elements including the garage which .is the .closest part of the structure to the Ajloun,v property. The distance between the Ajlouny
home and the single car, one-story garage is approximately 220feet. The two-story potion ofthe house is 30feetfurtherfrom the Aj10un,V home. This distance shouldpreclude anyprivacy impacts
on the Ajlouny home which is also a two-story house. The relationship between the two homes can be seen on the overall site plan (Attachment 7). • The maximum square footage of the homes
set by the Planned Development should be upheld. The Planning Commission allowed up to 400 squarefeet for garages above and beyond the square footage allowances ofthe Planned Development.
• All utilities around the property should be placed underground. Utility lines on the project site will be placed underground. Not all utility lines that extend offthe project site
will be required to be underground. • The parking area being provided for horse trailers should not be there. This use was approved under the Planned Development and is also shown on
the Vesting Tentative Map approved by the Planning Commission in January 2003.
PAGE 7 SUBJECT: APPEAL OF THE PLANNING COMMISSION'S DECISION IN APPROVING 13 NEWSINGLE FYRESIDENCES WITHINANAPPROVED PLANNED DEVELOPMENT;
#S-02-088 THROUGH S-02-100. February 24, 2004 Utilities should be provided to the common property line. Individualutility companies determine the best locationfor lines. Each developer
brings the utilities are far as is needed to serve their project. Letter from Ed MacBeth Attachment 5 is a letter from Mr. Ed MacBeth that was received following the Planning Commission
action on the project. Staff responses are in italics, following each item listed in Mr. MacBeth's letter. 1. Engineered pier and grade beam foundations have been required for other
homes in the area. The applicant should have to pass the same level of rigor that other neighbors had to pass. Neighbors believe this is a safety issue. The foundation type was discussed
extensivel}' during the Planned Development process. Foundation design requirements are typically made by a soils orgeotechnical engineer based on the characteristics ofthe building
site and are not mandated by the governing jurisdiction. The applicant submitted a geotechnical report (ENGEO, June 1998) to address foundations at that time. The report recommends either
post tension slab or conventionally reinforced structural mat systems be used. Specific design criteria, reinforcement and ribbing requirements, andslab thickness criteria are provided
to accommodate expansive soils. Recommendations provided accountfor the differences in soil properties from lot to lot. The report was peer reviewed by the Town's Geotechnical Consultant,
Cotton, Shires & Associates, and the structural mat system was found to be acceptable. The applicant's geotechnical engineer prepared a letter (ENGEO, 2/28/2001) to address the differences
between a raisedfloor foundation (includes pier and grade beam) and a structural matfoundation system. The geotechnical engineer indicated that both were acceptable and went on to outline
the benefits ofthe mat over the raisedfloor. There would hot be a design impact ifpier andgrade beamfoundations were used, however, it would increase the grading. When the construction
drawings areplan checked the BuildingDivision will require a design review letterfrom a licensed geotechnical engineer indicating that they have reviewed and approved the foundation
construction plans and design calculations. The applicant will be subjected to a similar level ofscrutiny as previous and future applicants. The MacBeth property was developed in and
remains under thejurisdiction ofSanta Clara County so staff cannot speak to the review process that the house was required to go through when it was built. The Town reviewed a County
referral for an addition'to the house, new barn-and remodel oj living space over the garage in 1998, but has not required or made any recommendations regardingfoundation type on this
site.
PAGE 8 SUBJECT: APPEAL OF THE PLANNING COMMISSION'S DECISION IN APPROVING 13 NEWSINGLEYRESIDENCES WITHIN AN APPROVED PLANNED DEVELOPMENT;
FILE #S-02-088 THROUGH S-02-100. February 24,2004 2. The developer should provide utilities to neighbor's property lines (this is also one of Mr. Ajlouny's comments) and a fire hydrant
should be required at the MacBeth's property line. Neighbors whose properties are still in the County do not have pubLic water and sewer. The Town does not dictate the improvements required
by the West Valley Sanitation District, SBC, PG&E, San Jose Water, or any other utility company. These utility providers have their own standards and criteria for provision ofservice.
Easements could be provided to allow neighbors to extend utilities from the Greenbriar site to their properties should they desire to do so. Fire hydrant locations will be detennined
by San Jose Water Company and the Santa Clara County Fire Department and will be spaced at appropriate intervals to adequately serve the new development. 3. The developer should be required
to comply with the interconnecting trail system. The applicant will be required to provide trails as shown on the Planned Development documents and the Tentative Map. This trail system
was approved by the Town Trails and Bikeways Committee. Trails are now looked at by the Transportation Commission. The applicant will provide minor trail access to the end ofSanta Rosa
Drive, and wiLL connect to afuture trail through the Sweitzer property with an ultimate proposed connection to Santa Rosa Drive near Sierra Azule Drive or ALta Tierra Court. ENVIRONMENTAL
ASSESSMENT: Environmental review was completed for this project as part of the Planned Development review process, in compliance with Section 15303 ofthe State Environmental Guidelines
as adopted by the Town. The EIR was certified by the Town Council on July 16, 2001. An EIR Addendum was accepted by the Town Council on March 4, 2002. FISCAL IMPACT: None Attachments:
1. Applicant's appeal statement (one page), filed January 26, 2004 2. Mike Ajlouny's appeal statement (two pages), filed January 26,2004 3. Required Findings (three pages) 4. Conditions
of Approval as modified by Planning Commission (10 pages) 5. Letter from Ed MacBeth (two pages), received January 27,2004
PAGE 9 SUBJECT: APPEAL OF THE PLANNING COMMISSION'S DECISION IN APPROVING 13 NEW SINGLE FAlvfILYRESIDENCES WITHIN AN APPROVED PLANNED DEVELOPMENT;
FILE #S-02-088 THROUGH S-02-1 00. February 24, 2004 6. Applicant's letters (seven pages total), received February 25,2004 7. Overall site plan (one sheet), received February 17, 2004
8. January 14, 2004 Planning Commission staff report with exhibits A.-I (previously sent to Council under separate cover) 9. January 14, 2004 Plarming Commission desk item with exhibits
J.-L (previously sent to Council under separate cover) 1O. January 14, 2004 Plarming Commission Minutes (previously sent to Council under separate cover) 11. Letter from Mike Ajlouny
(one page), received January 26,2004 (previously sent to Council under separate cover) Distribution: Tim Quirm, Greenbriar Homes Communities, Inc" 43160 Osgood Road, Fremont, CA 94539
Fred Healey, The Dagney Group, LLC, 3180 Delmar Drive, Salt Lake City, DT 84109 Mike Ajlouny, 17311 Hicks Road, Los Gatos, CA 95032 BNLSD :-; DEV\SL:ZASSE'Council\ReportS"fwd to TC'
17 10 1Hicks-A&S wpd
; . 1.) The Planning Commission erred or abused its discretion because: (A) The Planning Commission had no authority to impose the Hillside Development Standards and Guidelines, counting
garage area in excess of 400 sq. ft. against living area, because PD Ordinance 2097 and Vesting Tentative Map M-02-18 were approved, and the A&S Application was deemed complete, prior
to the adoption of the Hillside Development Standards and Guidelines. (B) The Planning Commission had no authority to modify or impose conditions because the Town's architectural consultant
stated that: "All of the issues raised have been discussed and resolved" and, therefore, the findings required by Resolution 2002-25 could not have been, and were not, made. 2.) N/A
3.) The Planning Commission did not have the discretion to modify or address the following policy or issue that is vested in the Town Council: The Planning Commission had no authority
to reduce the area of the homes based on garage area because the home sizes were previously determined by the Town Council. The maximum and average home sizes as specified in Condition
8 of Ordinance 2097 were based on living area with additional garage area. The architectural plans submitted with the PD Application clearly indicated home sizes represented in Condition
8. Attachment 1
OFFICE OF M.C. AJLOUNY January 26, 2004 SUZANNE DAVIS Associate Planner Town OfLos Gatos P.O. Box 949 Los Gatos, CA 95031 Concerning Town Meeting 1/14/04 Dear Suzanne, My name is Mike
Ajlouny, I live at 17311 Hicks Road. The subject property up for review surrounds my property on three sides. I would like to appeal the decision of the council members. I feel these
issues where not addressed and/or discussed with absolute clarity as far as the planning commission was concerned on where they stood, and or the developer, Greenbriar Homes Communities.
Under my attorney's advisement I demand the following conditions be met and/or resolved with my satisfaction. #1. Lot 12 cannot be two stories high. It is located directly behind my
home on an upslope and it towers over my entire yard. I made a simple request to simply switch this plan with a single story house on the opposite side of the development. During the
public hearing the Planning Commission and Developer made no acknowledgment of this simple request warranting this action to appeal, I also will hold the Town of Los Gatos, and Greenbriar
liable for all costs, damages, and litigation from this point forward for their actions. One, but not only, of the legal right to this demand is simply the case where the one of the
largest services ofa planning commission is to consider public and private impact of future developments in their community, and to not grossly impact the existing developments without
proper justification of such impact. #2. Clarification of max. square footage. Again, during the Public Hearing, Clarification was not made under condition #8 of the PD Ordinance, that
the max. 4815 square feet house size included garage space or not. This determination is critical to clarify. After discussion at the public hearing, the council failed to properly discuss
and reach a decision on this matter; intentionally diverting this topic to private discussion at a later time where the public would no longer have a voice in the determination. Again,
I hold the Town of Los Gatos liable for ratifying ordinances in order to subdivide a parcel and later have no obligation or intention of following these ordinances passed by the previous
council members. I also hold the developer responsible for fraudulently showing 800 square feet garages on there proposed plans with abnormally large depictions of automobiles on these
plans to defraud the planning committee into believing that the garage space was smaller than it actually appeared. The limit was set at 4815 square feet to maintain the rural atmosphere,
this limit can not be surpassed. #3. Removal of all, not some, power and telephone poles, running the distance of hicks road, and through the development. It is important to remedy the
unsightly utility poles around the property. { understand mention of the Power Line going underground, but what about the telephone poles running the length of Hicks Road? I hold the
Town of Los Gatos liable for not addressing this very important issue. All new developments are required to to bring utilities underground when they are in front of the property. There
is no reason that the telephone poles be excluded. They are numerous, unsightly, and in need of repair. They are held up by multiple tie rods that are hard to see in the dense riverside
forest, and are nothing but a hazard. I also hold the Developer, SBC, and the Town of Los Gatos liable for not following guidelines established for all future developments on the treatment
ofsuch telephone poles. No attempt was made to contact me Attachinent 2
on the resolution and path ofthe future telephone route. I hold the Town, developer, and SSC and/or Verizon liable for not requiring that adjoining property oWners be notified when future
changes and expansion of systems are planned for the benefit Ofone home owner and notthe other. The town wanted to keep the road looking rural, ignoring the need to upgrade the road
to Town of Los Gatos Standards is unacceptable, especially when this point was made from the beginning of the planning process. #4. The Status of Public Parking lot on the west side
of the project, was not discussed in a matter to distinguish that the land use of such a small area be made into a parking lot to a park that does not exist, nor will ever exist. This
proposed use of the land has not been properly evaluated and/or approved by the existing neighbors. I do not want a public parking lot next to my property in such a remote location,
doing so would bring major security and loitering concerns for my family. Living in this area for 8 years has proved that any turnout along these roads brings rubbish dumping, loitering
and criminal activity to the area. I feel that cars passing through should be allowed to pass through, but that's all. I will hold the Town of Los Gatos, Greenbriar, Roads and Airports,
Los Gatos Police Department, Parks and Recreation liable for any and all damages inflicted in the present or future of any such development so oddly placed in our neighborhood. #5, Utilities,
Water. Natural Gas, and Sewer for adjacent propertv. No clarification and intent was established for providing the above mentioned utilities to the property line. Once'this development
is completed,my property will be forever cut off from ever enjoying the rights and comforts that my neighbors will enjoy. Any access further than my property line would deem financially
inaccessible for any single resident and remains the responsibility of the developer. ThePlanning commission insisted to keep Hicks Road "Rural" The support for a rural road should not
exclude exclude the requirement that proper utilities should run along the street as is the adjacent property this parcel adjoins. All roads in the development meet the standard guidelines,
but the estimated 300 feet of road that connects the corner lot is absent of all improvements. I was promised by the County of Santa Clara that when the devel()pment of the property
next to my property was developed that they would bring all utilities to their
end of Hicks Road. The City of San Jose requires all developers to bring their improvements to the end ofthe property line. I hold the Town of Los Gatos, Greenbriar, PG&E, San Jose Water
Company, SSC and/or Verizon, Central Fire, and all other municipalities involved liable for this failure to comply with simple city services for existing residents. Mike
C. .-/
PLANNING COMMISSION -JANUAAY 14,2004 REQUIRED CONSIDERATIONS FOR: 17101 Hicks Road Architecture and Site Applications S-02-088 through S-02-100 Requesting approval of 13 new single family
residences within an approved Planned Development on property zoned HR-5:PD. PROPERTY OWNER: The Dagney Group, LLC APPLICANT: Greenbriar Homes Communities, Inc. CONSIDERATIONS IN REVIEW
OF ARCHITECTURE & SITE APPLICATIONS • As required by Section 29.20.150 of the Town Code for Architecture and Site applications: The deciding body shall consider all relevant matter including,
but not limited to, the. following: (1) Considerations relating to traffic safety and traffic congestion. The effect ofthe site development plan on traffic conditions on abutting streets;
the layout ofthe site with respect to locations and dimensions of vehicular and pedestrian entrances, exits, drives, and walkways; the adequacy of off-street parking facilities to prevent
traffic congestion; the location, arrangement, and dimension oftruck loading and and unloading facilities; the circulation pattern within the boundaries of the development, and the surfacing,
lighting and handicapped accessibility of off-street parking facilities. 1. Anyproj ect or development that will add traffic to roadways and critical intersections shall be analyzed,
and a determination made on the following matters: 1. The ability of critical roadways and major intersections to accommodate existing traffic; 2. Increased traffic estimated for approved
developments not yet occupied; and 3. Regional traffic growth and traffic anticipated for the proposed project one (1) year after occupancy. 2. The deciding body shall review the application
for traffic roadwaylintersection capacity and make one (1) of the following determinations: 1. The project will not impact anyroadways and/or intersections causing the roadways and/or
intersections to exceed their available capacities. . 2. The project will impact a roadway(s) and/or intersection(s) causing the roadway(s) and/or intersection(s) to to exceed their
available capacities. Attachment 3
17101 Hicks Road Architecture and Site Applications S-02-88 through S-02-100 Page 2 of3 Any project receiving Town determination subsection (1 )b.l. may proceed. Any project receiving
Town determination subsection (1)b.2. must be modified or denied if the deciding body determines that the impact is unacceptable. In determining the acceptability of a traffic impact,
the deciding body shall consider if the project's benefits to the community override the traffic impacts as determined by specific sections from the general plan and any applicable specific
plan. (2) Considerations relating to outdoor advertising. The number, location, color, size, height, lighting and landscaping of outdoor advertising signs and structures in relation
to the creation of traffic hazards and the appearance and harmony with adjacent development. Specialized lighting and sign systems may be used to distinguish special areas or neighborhoods
such as the downtown area and Los Gatos Boulevard. (3) Considerations relating to landscaping. The location, height, and materials ofwalls, fences, hedges and screen plantings to insure
harmony with adjacent development or to conceal storage areas, utility installations, parking lots or unsightly development; the planting of ground cover or other surfacing to prevent
dust and erosion; and the unnecessary destruction ofexisting healthy trees. Emphasize the use ofplanter boxes with seasonal flowers to add color and atmosphere to the central business
district. Trees and plants shall be approved by the Director ofParks and Public Works for the purpose ofmeeting special criteria, including climatic conditions, maintenance, yearround
versus seasonal color change (blossom, surhmer foliage, autumn color), special branching effects and other considerations. (4) Considerations relating to site layout. The orientation
and location ofbuildings and open spaces in relation to the physical characteristics of the site and the character of the neighborhood; and the appearance and harmony of the buildings
with adjacent development. Buildings should strengthen the form and image of the neighborhood (e.g. downtown, Los Gatos Boulevard, etc.). Buildings should maximize preservation of solar
access. (5) Considerations relating to drainage. The effect ofthe site development plan on the adequacy of storm and surface water drainage.
17101 Hicks Road Architecture and Site Applications S-02-88 through S-02-1 00 Page 3 of3 (6) Considerations relating to the exterior architectural design of buildings and structures.
The effect of the height, width, shape and exterior construction and design of buildings and structures as such factors relate to the existing and future character of the neighborhood
and purposes of the zone in which they are situated, and the purposes of architecture and site approval. Consistency and compatibility shall be encouraged in scale, massing, materials,
color, texture, reflectivity, openings and other details. (7) Considerations relating to lighting and street furniture. Streets, walkways, and building lighting should be designed so
as to strengthen and reinforce the image of the Town. Street furniture and equipment, such as lamp standards, traffic signals, fire hydrants, street signs, telephones, mail boxes, refuse
receptacles, bus shelters, drinking fountains, planters, kiosks, flag poles and other elements of the street environment should be designated and selected so as to strengthen and reinforce
the Town image. (8) Considerations relating to accessfor physically disabled persons. The adequac.yof the site development plan for providing accessibility andadaptability for physically
disabled persons. Any improvements to a nonresidential building where the total valuation of alterations, structural repairs or additions exceeds a threshold yalue established by resolution
of the Town Council, shall require the building to be modified to meet the accessibility requirements of title 24 of the California Administrative Code adaptability and accessibility.
In addition to retail, personal services and health care services are not allowable uses on non-accessible floors in new nonresidential buildings. Any change of use to retail, health
care, or personal service on a non-accessible floor in a nonresidential building shall require that floor to be accessible to physically disabled persons pursuant to the accessibility
requirements oftitle 24 of the California Administrative Code and shall not qualify the building for unreasonable hardship exemption from meeting any of those requirements. This provision
does not effect lawful uses in existence prior to the enactment of this chapter. All new residential developments shall comply with the Town's adaptability and accessibility requirements
for physically disabled persons established by resolution. (9) Considerations relating to the location ofa hazardous waste management facility. A hazardous waste facility shall not be
located closer than five hundred (500) feet to any residentially zoned or used property or any property then being used as a public or private school primarily educating persons under
the age of eighteen (18). An application for such a facility will require an environmental impact report, which may be focused through the initial study process. '"
CONDITIONS OF APPROVAL PLANNING COMMISSION -JANUARY 14, 2004 171 01 Hicks Road Architecture and Site Applications S-02-088 through S-02-100 Requesting approval of 13 new single family
residences within an approved Planned Development on property zoned HR-5:PD. PROPERTY OWNER: The Dagney Group, LLC APPLICANT: Greenbriar Homes Communities, Inc. 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 listed below and in substantial
compliance with the plans approved and noted as Exhibit I in the Report to the Planning Commission dated January 14, 2004. Any changes or modifications to the approved plans shall be
approved by the Community Development Director or the Planning Commission depending on the scope of the change(s). 2. EXPIRAnON OF APPROVAL. The Architecture and Site applications will
expire two years from the date of approval 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. PLANNED DEVELOPMENT CONDITIONS. The conditions of approval of Planned Development Ordinance 2097 are fully incorporated herein as conditions ofapproval ofthis application, except
as specifically modified by these conditions of approval. 4. DEED RESTRICTION: Prior to 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 paint colors to be maintained in conformance with the Town's Hillside Development Standards. 5. LANDSCAPE RULES & GUIDELINES.
The Landscape Rules & Guidelines shall be incorporated into the CC&R's and shall be provided to all home buyers. The following changes shall be incorporated into the document: a. Front
yard shall be installed within three months of close of escrow or issuance of an occupancy permit, whichever is later. b. Ifan alternate landscape plan is proposed
by a buyer, the front yard landscaping shall be installed within three months of approval of the plan by the Town. c. Landscape plans shall be approved by the Development Review Committee
if a grading permit is required. Otherwise, the plan shall be subject to the approval ofthe Director of Community Development. d. Landscaping shall be informal and natural in design.
6. LANDSCAPE PLANS. Hardscape shall be limited to the satisfaction of the Director of Community Development. Required trees, as specifiedby the Town's Consulting Arborist, shall be planted
by the developer prior to final inspection. The remainder of the front yard landscaping may either be installed by the developer or home buyer per the approl,/ed landscape p1ans (within
three months of close of escrow or from the date of issuance of an Attachment 4
occupancy permit, whichever is later). If an alternate landscape plan is proposed by the buyer, the plan shall be approved by the Community Development Director prior to installation,
and the landscaping shall be installed within three months of plan approval by the Town. Rear yard landscape plans shall be approved by the Community Development Director, or by the
Development Review Committee if a grading permit is required. If the front yard landscaping is not installed prior to final inspection, a performance bond of an amount to be determined
by the Director ofCommunity Development shall be paid prior to issuance ofan occupancy permit. The performance bond will be held by the Town until the landscaping installation is complete.
7. OUTDOOR LIGHTING. Lighting is apprOved as on the plans approved and noted as Exhibit I in the Report to the Planning Conunission dated Jannarj' 14,2004. Any changes to
the otttdoor lighting plan Outdoor lighting shall be the minimum needed for pedestrian safety and security. Lighting plans shall be approved by the Community Development Department for
compliance. All outdoor lighting shall be down directed and shall not reflect or encroach on neighboring properties: Outdoor lighting restrictions shall be included in the CC&R's. 8.
ORIENTATION OF HOUSES. Provide as much variety as possible relative to the orientation of the houses to the street and the building footprints. 9. WINDOWS. Windows shall be recessed
and/or shall be under overhangs, and shall be tinted or coated to reduce glare during the day and light emanation at night. No snapin grids are allowed and windows shall be high quality
with a wood appearance if real wood is not used. The plans shall be reviewed and approved by the Director of Community Development and Consulting Architect as part of the building plan
check review. This requirement shall be included in the CC&R's. 10. GARAGE LOCATION. The garages shall be relocated to the rear of the houses or integrated into the side so the doors
are not visible from the street; Consider the use of detached garages and provide as much variety as possible. Garage relocations shall not impactthe mass or scale ofthe homes nor appreciably
increase grading quantities or the hardscapeofthe site. The modifications shall be reviewed and approved by the Director of Community Development and Consulting Architect prior to submittal
of plans for building plan check. 11. GARAGE SIZE. The houses shall not exceed 4,850 square feet and the average house size shall not exceed 4,650 square feet as stipUlated by the Planned
Development Ordinance. Up to 40Q square feet of garage area shall be exempt ftom the floor area allowance for the houses. If the garages are larger than 400 square feet, the additional
floor area shall be counted toward the floor area of the hOUSes. 12. LOTS 2, 5,11 & 12. Two story homes shall be modified to reduce the bulk and mass. Revised plans shall be reviewed
and approved by the Director of Community Development and Consulting Architect prior to submittal of plans for building plan check. 13. LOT 2. The integration of the main house with
the breezeway and roof of the garage shall be reviewed by the Director of Community Development and Consulting Architect, and any modifications that are determined to be appropriate
shall be incorporated into the plans. This shall be completed prior to submittal of plans for building plan check. .
Conditions of Approval 17101 Hicks RoadlS-02-88 through S-02-1 00 Page 3 of10 14. LOT 12 WINDOW. The window at the rear of the house shall be reviewed by the Director of Community Development
and Consulting Architect to enure its design is appropriate for a rural house. Any modifications that are determined to be appropriate shall be incorporated into the plans. This shall
be completed prior to submittal of plans for building plan check. 15. FENCING. Fencing is approved as on the plans approved and noted as Exhibit I in the Report to the Platnung
Conmlission dated Jat1tlaI)' 14, 2004 shall be as minimal as is practical and shall be of an open style to be approved by the Director of Community Development. The type of fencing shall
reflect the Town's purpose of minimizing fencing in the hillsides and minimizing the visibility of fences. Any modifications to the approved locations and/or style of fences shall be
approved by the Director of Community Development prior to installation. This restriction shall be included in the CC&R's. 16. PROJECT ENTRY SIGNS. The final design ofthe project
entry signs shall be appro ved b, the Director of Comnttlnit, Dev dopment and Consulting Architect prior to iSSUatlCeof atl' building permits. The signs shall not be located on a h0111e
site unless contained an easement established for access and rnaintenance. Project entry signs are prohibited, and shall be eliminated from the plans. 17. PERIMETER LANDSCAPING.
A grove of native trees and shrubs shall be planted around the subdivision to screen the new homes and to continue the natural band of growth visible on nearby hillsides. Planting shall
be done in an irregular pattern to satisfaction of the Consulting Arborist and the Director of Community Development. The groves shall be protected and maintained by the Homeowner's
Association and shall be included as a provision in the CC&R's. 18. DOUBLE STAKING. All newly planted trees are required to be double staked to Town standards. 19. TREE FENCING. Protective
tree fencing shall be placed at the drip line ofexisting trees and shall remain through all phases of construction. Fencing shall be six foot high cyclone attached to two-inch diameter
steel posts drive 18 inches into the ground and spaced no further than 10 feet apart. Include a tree protection fencing plan with the construction plans. 20. TREE PROTECTION. The recommendations
of the Town's Consulting ATborist shall be foHowed throughout construction (see reports from David L. Babby dated March 6 and June 9,2003 for details). A final letter shall be submitted
from the project arborist verifying that all measures to preserve the trees that will remain on the site have been implemented. The letter shall be submitted prior to issuance of an
occupancy permit. Building Division 21. PERMITS REQUIRED: A building permit shall be required for all new structures. 22. CONDITIONS OF APPROVAL: The Conditions of Approval shall be
"blue lined" in full on the cover sheet of the construction plans. 23. SIZE OF PLANS: The maximum size of construction plans shall be 24" x 36".
Conditions of Approval 17101 Hicks RoadlS-02-88 through S-02-1 00 Page 4 of10 24. PLANS: The construction plans shall be prepared under the direct supervision of a licensed architect
or engineer (Business and Professionals Code Section 5538). 25. STREET NAMES & HOUSE NUMBERS: Submit requests for new street names and/or house numbers from the Office of the Town Clerk
prior to the building permit application process. 26. SOILS REPORT: Two copies of a soils report, prepared to the satisfaction ofthe Building Official, containing foundation and retaining
wall design recommendations shall be submitted with eachbuilding permit applications. Thereports shall be prepared by a licensed civil engineer specializing in soils mechanics. 27, FOUNDATION
INSPECTIONS: A pad certificate prepared by a licensed civil engineer or land surveyor shall be submitted to the project building inspector at foundation inspection. This certificate
shall certify compliance with the recommendations as specified in the soils report; and, the building pad elevation, on-site retaining wall locations and elevations are prepared according
to approved plans. Horizontal and vertical controls shall be set and certified by a licensed surveyor or registered civil engineer for the following items: a. Building pad elevation
b. Finish floor elevation c. Foundation corner locations 28. RESIDENTIAL TOWN ACCESSIBILITY STANDARDS: The residence shall be designed with adaptability features for single family residences
per Town Resolution 1994-61: a. Wooden backing (2-inch x 8-inch minimum) shall be provided in all bathroom walls, at waterdosets, showers and bathtubs located 34-inches from the floor
to the center of the backing, suitable for the installation of grab bats. b. All passage doors shall be at least 32-inches wide on the accessible floor. c. Primary entrance shall have
a 36-inch wide door including a 5-foot x 5-foot level landing, no more than I-inch out ofplane with the immediate interior floor level with an IS-inch clearance. 29. TITLE 24 ENERGY
COMPLIANCE: California Title 24 Energy Compliance forms CF-l R and MF-1R. 30. TOWN FlREPLACE STANDARDS: New wood burning fireplaces shall be an EPA Phase II approved appliance as per
Town Ordinance 1905. Tree limbs shall be cut within 10 feet of chimneys. 31. SPECIAL INSPECTIONS: When a special inspection is required byUBC Section 1701, the architect or engineer
ofrecord shall prepare an inspection program that shall be submitted to the Building Official for approval prior to issuance ofthe building permit:The Town Special Inspection form shall
be blue-lined on the construction plans. Special Inspection forms are available from the Building Division Service Counter. 32. NONPOINT SOURCE POLLUTION STANDARDS: TheTown standard
Santa Clara Valley Nonpoint Source Pollution Control Program shall be part of the plan submittal. The specification sheet is available at the Building Division Service Counter. 33. CONSTRUCTION
ROUTE. Construction vehicles shall access the site form Camden Avenue/Hicks Road, not Shannon Road.
Conditions of Approval 17101 Hicks Road/S-02-88 through S-02-1 00 Page 5 of 10 TO THE SATISFACTION OF THE DIRECTOR OF PARKS AND PUBLIC WORKS: Engineering Division 34. LOTS 1AND 2 TURNAROUND.
Provide a turn-around sufficient for a pickup truck at the interior end of the 12-foot access road. PPW will determine whether an additional gate is required at this location upon completion
demolition and rough grading operations. 35. OFF-STREET SANITARY AND STORM SEWERS AT HOME SITE 5. The maintenance access road within Lot 5 to off-street storm and sanitary sewer manholes
is Toughly 20percent. The applicant shall investigate the possibility of relocating the off-street manholes closer to Hicks Road to eliminate the need for a steep access road. An 8-to
10-foot wide pullout for use by maintenance crews shall also be investigated. Horizontal and vertical curves that may result from such revisions shall conform to West Valley Sanitary
District standards. In the event that manhole relocation is not possible, the applicant shall prove that the Town's hydroflush truck can in fact access the off-street manholes. 36. GRADING
PERMIT. A grading permit is required for site grading and drainage. The grading permit application (with grading plans) shall be made to the Engineering Division of the Parks & Public
Works Department located at 41 Miles Avenue. 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 impervious areas. Unless specifically allowed by the Director ofParks and Public Works, 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
at 110 E. Main Street is needed for grading within the building footprint. 37. RETAINING WALLS. Abuilding permit, issued by the Building Department at 110 E. Main Street, is required
for all site retaining walls. Walls are not reviewed, approved, or inspected by the Engineering Division of Parks and Public Works during grading permit. 38. SOILS REPORT. One copy of
the solIs and geologic reportshall be submitted with the grading permit application. The soils report shall include specific criteria and standards governing site grading, drainage,
pavement design, retaining wall design, and erosion control. The report shall be signed and "wet stamped" by the engineer or geologist, in conformance with Section 6735 of the California
Business and Professions Code. 39. SOILS REVIEW. Prior to issuance ofany permit, the applicant's soils engineer shall review the final 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. 40. 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 results of the construction
Conditions of Approval 17101 Hicks Road/S-02-88 through S-02-1 00 Page 6 of10 observation and testing should be documented in an "as-built" letter/report prepared by the applicants soils
engineer and submitted to the Town before final release of any occupancy permit is granted. 41. TRAFFIC IMPACT MITIGATION FEE (RESIDENTIAL). The developer shall pay a proportional the
project's share of transportation improvements needed to serve cumulative development within the Town of Los Gatos. The fee amount will be based upon the Town Council resolution in effect
at the time the request ofCertificate ofOccupancy is made. The fee shall be paid before issuance of the Certificate of Occupancy. The traffic impact mitigation fee for each new house
in this project using the current fee schedule is $5,730. The final fee shall be calculated from the final plans using the rate schedule in effect at the time of the request for a Certificate
ofOccupancy. Credit shall be given for the house on Lot 14, where a house was previous located, and for the three residences to be demolished. 42. GENERAL. All public improvements shall
be made according to the latest adopted Town Standard Drawings and the Town Standard Specifications or as otherwise approved by the Director of Parks and Public Works. 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 ofthe day. Dirt and debris shall not be
washed info storm drainage facilities. The storing ofgoods 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. . 43. ENCROACHMENT ·PERMIT. All work in the public right-of-way will require a(n) Construction Encroachment Permit(s). All work over $5,000 will require construction
security. Encroachment permits will be required for work in new streets only after the new streets have been accepted as complete by the Town and all securities have been. released.
44. PUBLIC WORKS INSPECTIONS. The developer or his representative shall notify the Engineering Inspector at least twenty-four (24) hours before starting an work pertaining to onsite
drainage facilities, grading or paving, and all work in the Town's right-of-way. Failure to do so will result in rejection ow work that went on without inspection. 45. SURVEYING CONTROLS.
Horizontal and vertical controls shall be set and certified by a licensed surveyor or registered civil engineer qualified to practice land surveying, for the following items: 1. Retaining
wall--top of wall elevations and locations. 2. Toe and top of cut and fill slopes. 3. Top of future curb along one side of the new street. 46. EROSION CONTROL. Interim and final erosion
control plans shall be prepared and submitted to the Engineering Development Division of the Parks & Public Works Department. All grading shall be performed under a master NOI and SWPPP
prepared for the entire project including infrastructure and individual lot improvements. A maximum of two weeks 'is allowed between clearing of an area/building on an area if grading
is allowed during the rainy season. In addition, straw bales and plastic sheeting shall be stored on-site
Conditions of Approval 17101 Hicks Road/S-02-88 through S-02-1 00 Page 7 of10 for emergency control, if needed. Install fiber berms, check dams, retention basins, silt fences, erosion
control blankets and fiber rolls as needed on the project site, to protect down stream water quality during winter months. 47. 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 or creeks. 48. NPDES REQUIREMENTS. All work within the project shall be in conformance with the National Pollution Discharge Elimination System
permit issued to local agencies within Santa Clara County by the San Francisco Bay regional Water Quality Control Board on October 17, 200l. 49. FISH & GAME REQUIREMENTS. A "1603" permit
shall be obtained for the California Department ofFish & Game for proposed improvements in or near riparian areas within that agency's jurisdiction. A copy of the permit shall be provided
to the Parks & Public Works Department before any Town permits are issued. 50. UTILITIES. The developer shall install all utility services, including telephone, electric power and all
other communications lines underground, as required by Town Code §27.50.015(b). Cable television capability shall be provided
to all new lots. 51. 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. 52. FENCING. Any fencing proposed within 200-feet ofan intersection shall comply with Town Code Section §23.10:080. 53. AS-BUlLT PLANS.
After completion ofthe construction ofall work, the original plans shall have all changes (change orders and field changes) clearly marked. The "as-built" plans shall again be signed
and "wet-stamped" by the civil engineer who prepared the plans, attesting to the changes. The original"as-built" plans shall be reviewed and approved by the Engineering Inspector. A
Mylar and AutoCAD disk of the approved "as-built" plans shall be provided to the Town before the Occupancy Permit is released. 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.
Conditions of Approval 17101 Hicks Road/S-02-88 through S-02-100 Page 8 of10 54. SANITARY SEWER LATERAL. Sanitary sewer laterals are televised by West Valley Sanitation District and
approved by the Town of Los Gatos before they are used or reused. Install a sanitary sewer lateral clean-out at the property line of each new lot. 55. CURB AND GUTTER. The developer
shall repair and replace to existing Town standards any curb and gutter damaged now or during construction ofthis project. New curb and gutter shall be constructed per Town Standard
Detail. The limits of curb and gutter repair will be determined by the Engineering Construction Inspector during the construction phase of the project. 56. **HYDROLOGY AND WATER QUALITY
MITIGATION MEASURE 7-3. Energy dissipaters should be provided at the outfalls of proposed storm drains to minimize the increased potential for erosion hazards due to project development.
57. **HYDROLOGYAND WATERQUALITY MITIGATIONMEASURE The project design shall incorporate water quality mitigation measures in accordance with current NPDES requirements. Water quality
measuresshould include use ofbiofilters, drainage swales, and detention facilities to mitigate non-point source impacts. In addition, theSCVWD and RWQCB recommend the incorporation of
site planning design measures to help reduce potential contributions of urban pollutants from the project. See the Addendumto the EIR for additional details. 58. SIGHT DISTANCE. In order
to minimize potential traffic safety impacts the property owner/developer shall provide adequate sight distance at the project access road/Hicks Road intersection through removal ofvegetation
and grading of the embankment. 509. ENTRY MONUMENT. The Town Traffic Engineer shall review and approve the final placement, height, and dimensions of the entry monument to insure adequate
sight distance is provided. 60. TRAILS. A separate pedestrian trail shall be installed alopg the north side ofHicks Road. Use of trails by bicyclists, particularly the trail parallel
to Hicks Road, and design issues such as trail widths, pavement versus compacted earth, and trailhead facilities shall be approved by the Parks and Forestry Superintendent prior to issuance
of any permit or recordation of the final map. 61. GEOTECHNICAL PLAN REVIEW. The project geotechnical consultant shall review and approve all geotechnical aspects of the project building
and grading plans for individual residences on Lots 1 through 13 to ensure that their recommendations have been properly incorporated. The consultant shall verify that recomniended measures
to address potential debris flow on Lot 6, and potential co-seismic ground deformation on Lots 1and 13 have been incorporated. 62. GEOTECHNICAL FIELD INVESTIGATION. The project geotechnical
consultant shall inspect, test (as needed), and approve all geotechnical aspects oftheproject construction. The results ofthese inspections and the as-built conditions ofthe project
shall be described by the project geotechnical consultant in a letter and submitted to the Town Engineer for review prior to final inspection.
Conditions of Approval 17101 Hicks Road/S-02-88 through S-02-100 Page 9 of 10 63. SUBDRAINS. Subdrains shall discharge within the home site property boundaries and shall not cross utility
easements. Splash pads (energy dissipaters) shall be provided at subdrain outfalls. 64. SECURITY AND FEES. The Applicant shall provide all security and pay all fees prior to issuance
of any permit or recordation of the Final Map. 65. PLAN CHECK FEES. Plan check fees shall be deposited with the Town prior to submittal of plans to the Engineering Division of the Parks
and Public Works Department. 66. INSPECTION FEES. Inspection fees shall be deposited with the Town prior to issuance of any Permit or recordation of the Final Map. 67. DUST CONTROL.
Blowing dust shall be reduced by timing construction activities so that paving and building construction begin as soon as possible after completion ofgrading, and by landscaping disturbed
soils as soon as possible. Further, water trucks shall be present and in use at the construction site. All portions ofthe site subject to blowing dust shall be watered as often as deemed
necessary by the Town, or a minimum of three times daily 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 onsite 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. AU 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 ofthe 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. 68. DESIGN CHANGES. The Applicant's registered Engineer shall
notify the Town Engineer, in writing, at least 72 hours in advance of all differences between the proposed work and the design indicated on the plans. Any proposed changes shall be subject
to the approval of the Town before altered work is started. Any approved changes shall be incorporated into the final "as-built" drawings. 69. PRECONSTRUCTION MEETING. Prior to issuance
of any permit or the commencement of any site work, the general contractor shall: a. Along with the project applicant, attend a pre-construction meeting with the Town Engineer to discuss
the project conditions of approval, working hours, site maintenance and other construction matters; b. Acknowledge in writing that they have read and understand the project conditions
of approval, and will make certain that all project sub-contractors have read and understand them prior to commencing work and that a copy ofthe project conditions of approval will be
posted on site at all times during construction. 70. 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 duringworking hours. The
Conditions of Approval 17101 Hicks Road/S-02-88 through S-02-100 Page 10 of10 storing ofgoods and/or materials on the sidewalk and/or the street will not be allowed unless a special
permit is issued bythe Engineering Division. 71. SITE SUPERVISION. The General Contractor shall provide qualified supervision on the job site at all times during construction. 72. CONSTRUCTION
NOISE. Between the hours of8:00 a.m. to 5:00 p.m., weekdays and 9:00 a.m. to 4:00 p.m. weekends and holidays, construction, alteration or repair activities shall be allowed. No individual
piece ofequipmentshall produce a noise level exceeding eighty-five (85) dBA at twenty-five (25) feet. If the device is locatedwithin 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 ofthe.property plane shall not exceed eightyfive (85) dBA.2.3.
TO THE OF THE SANTA CLARA COUNTY FIRE DEPARTMENT: 73. ROOFS. Roof systems shall comply with Class A criteria. 74. ACCESS TO WATER SUPPLY. Portions'ofthe structures
are greater than 150 feet oftravel distance from the centerline ofthe roadway containing public fire hydrants. An approved fire sprinkler system shall be provided throughout all portions
of the building (all units are to be equipped with fire sprinklers). 75. TIMING OF WATER SUPPLY INSTALLATION. Installations of required fire service(s) and fire hydrant(s) shall be tested
and accepted by the Fire Department, prior to the start of framing or delivery ofbulk combustible materials. Building permit issuance may be withheld until required installations are
completed, tested, and accepted. 76. FIRE APPARATUS (ENGINE) ACCESS ROADS. Provide access roadways with a paved all weather surface, a minimum unobstructed width of 20 feet, vertical
clearance of 13 feet 6 inches, minimum circulating turning radius of 36 feet outside and 23 feet inside, and a maximum slope of 15%. Installations shall conform to Fire Department Standard
Details and Specifications sheet A-I. 77. FIRE DEPARTMENT (ENGINE) ROADWAY TURNAROUND. An approved Fire Department engine roadway turnaround with a minimum radius of36 feet outside and
23 feet inside shall be provided. Installation shall conform with Fire Department Standard Details and Specifications A-I. Cul-de-sac dimensions shall be no less than 72 feet. 78. TIMING
OF REQUIRED DRNEWAY INSTALLATIONS. Required access roads, up through the first lift ofasphalt, shall be installed and accepted by the Fire Department, prior to the start ofconstruction.
Bulk combustible materials shall not be delivered to the site until installation is complete. During construction, emergency access roads shall be maintained clear and unimpeded. Note
that building permit issuance may be withheld until installations are completed. 79. PREMISE IDENTIFICATION. Approved numbers or addresses shall be placed on all new and existing buildings
that will remain in a location that is plainly visible and legible from the street or road fronting the property. Numbers shall contract with their background. N DEV'CONDITNSII710 IHicks-A&Swpd
· SIJzanneDavis -·Reg?rding Greenbriar Homes Project 17101 Hicks Road Page 1!! From: To: Date: Subject: Ed MacBeth <EMacBeth@activcard.com> "'planning@town.los-gatos.ca.us'" <planning@town.los-gatos.
ca.us> 1/27/047:22PM Regarding Greenbriar Homes Project 17101 Hicks Road Mr. Bud Lortz Community Development Director P.O. Box 949 Los Gatos, CA 95031 408.354.6872 Tel 408.354.7593 Fax
Email: <mailto:planning@town.los-gatos.ca.us>planning@town.los-gatos.ca.us Dear Mr. Lortz, My wife and I own the property located at 14205 Shannon Rd., directly adjacent to the proposed
Greenbriar Homes -Shannon Valley Ranch project at 17101 Hicks Road. Over the past six years I have attended and .have spoken at numerous planning meetings. During these meeting I have
raised or commented on issues such as keeping the rural feel through large lot sizes, minimal lighting, wildlife friendly fencing, interconnecting trail systems, limited grading, and
housing designs that look as if custom homes were built one at a time. To commend Greenbriar, they have made significant strides to achieve these goals. I attended the latest planning
meeting Wednesday, January 14th, 2004. At the end of this meeting there still remained three issues of concern for me that I wish to communicate to you. 1. Each of the homes built by
myself and my immediate neighbors have required engineered pier and grade beam foundations due to the fact that the clay soil swells and moves, plus the fact that the Shannon fault runs
through the area. At the same time Greenbriar's proposal to build 5000 sq ft homes on a slab foundation appears to be un-questioned. At minimum, I recommend that Greenbriar submit reports
from geotechnical engineers and pass the same level of rigor that each of the other neighbors had to pass. Greenbriar stated that they would have to warranty the homes for ten years.
I believe that Los Gatos liability would last much longer than 10 years if these homes moved or the foundations began to fail. 2. I requested along with other immediate neighbors that
Greenbriar be required to trench utilities to our property lines, including water, sewer, and gas. This will be far less expensive and easier for them to do now, than after the construction
is This is a practice that many other cities require, which allows them the option to eliminate septic systems and reduce fire hazard with better access to water.
In addition I requested that a fire hydrant be added at the end of the trench, at our property line to address the potential fire .hazard from the trails that will parallel our fence
line. 3. Finally, the topic ofthe interconnecting trail system was raised during the meeting. This would allow the trails in the area to run through several properties all the way to
Bell Gatos Park providing miles of un-interrupted horse trails. During the meeting however, Greenbriar Attachment 5
uavls -Kegarolng l:ireenonar Homes t-'roJect 1 II Ul HICKS Koaa miss-understood the question and stated that the materials for the trails had been previously approved.
The trail materials proposed was not the issue. Greenbriar completely failed to address the issue that their proposed trail plan failed to interconnect with the other easements adjoining
their property. It would be a shame for Los Gatos to miss this opportunity to create a such as trail system, one that would be similar to those found in the Saratoga and Woodside hills.
Respectfully submitted, Ed MacBeth 145205 Shannon Rd. Los Gatos, CA 95032 408 356-5770 <http://www.activcard.com> www.activcard.com cc: "Kim MacBeth (E-mail).. <kmacbeth@starband..net>.
Ed MacBeth <EMacBeth@activcard.com>
...• Greenbriar Homes Communities &k --6;0e,ne.nce February 25, 2004 Honorable Mayor Glickman and Town Councilmembers
Town of Los Gatos 110 East Main Street Los Gatos, California 95031 RE: Appeal of Planning Commission Conditions; A&S Applications S-02-088 through S-02-100 17101 Hicks Road Dear Honorable
Mayor Glickman and Town Councilmembers, RECEIVE·O FEB 5 iOU4 TOWN OF LOS GATOS BUILDING DIVISION While we are in agreement with most all of the Planning Commission conditions placed
,on our approval of our A&S Applications referenced above and believe we can work with staff to modify our plans as requested, there are two conditions we are appealing. The only two
conditions we are appealing are ones relating to the project entrance monument and the condition related to how tO'account for the garage square footage. " Our application included a
relatively small "natural appearing" project entry sign (please .see enclosed illustration); The sign is unobtrusive and is in character with the setting. , Because of the rural character
of the road and the lack of opportunity to tum around should you miss our proposed street, we feel that this limited entry signage is an important identification feature and' creates
a rural sense of entry for the community. Therefore, we respectfully request that Council allow the entry signage as we' have proposed. With regard to our home size, according to the
condition from Planning Commission, staff would be required to count garagesquare footage over 400 as "livable" space, thus requiring us to reduce our garage sizes if we choose to maintain
our home square footages or reduce our home sizes if we maintain 3 car garages. This is in direct conflict with our PD approvaL The original homes proposed for this project ranged from
5,710 square feet to 5,850 square feet. Through the extensive PD approval process we ultimately agreed upon a maximum house size of 4,850 square feet with an average house size of 4,650
square feet. No limitation was put on the garages. At the request of Council, we provided very detailed plans at the PD level to allow them to understand they were approving.
43160 Osgood Road, Fremont, California 94539 • Phone: (510) 497-8200 • Fax: (510) 497-8290 www.greenbriarhomes.com Attachment 6
/' These plans always included 3 and 4 cat garages that averaged 1,061 square feet. Therefore, we believe the home sizes approved in our PD did not include garages. During the past year
we have worked closely with Staff and the Town's consulting architect, Larry Cannon'to achieve an eclectic mix of architectural designs. The garages in our final application are actually
all reduced to an average of 798 square feet or less at the suggestion of Staff. We believe that Planning Commission inappropriately applied a Floor Area Ratio (FAR) concept to our house
size. It was apparent that Planning Commission was attemptin.g to apply the FAR guideline from the newly adopted Hillside Development Standards and Guidelines to this project. The new
Guidelines allow 400 square feet of a garage to be exempt from the allowable FAR, and anything larger than that to be counted against allowable living area. However, the Planning
applied this concept to the house size rather than the Floor Area Ratio. Since Since all lot our areas are above 32,000 square feet, the newly adopted Hillside Development Standards
and Guidelines would allow homes to be 6,000 square feet plus· 400 square feet for a garage for a total of 6,400 square feet. The largest home proposed is 4,815 square feet with a 799
square foot garage for a total of 5,614 square feet which is 786 square feet or 14% smaller than what would be allowed under the new Guidelines. Furthermore, if you were to look at our
FAR and use the 400 square foot guideline, we would have FARs of 2.67% to 5.98% compared to the 18.5% allowed in the· new Guidelines. Please see the enclosed table. Thus, the proposed
homes not only comply with the conditions of the PD approval, but would generally comply with the new Hillside Development Standards and Guidelines. Therefore, we respectfully request
that you eliminate the Conditio!1 requiring garage size greater than 400 square feet to be counted toward the ·size of the horne and approve our house and garage sizes as submitted.
We appreciate' your consideration of our requested appeal. GREENBRIAR HOMES COMMUNITIES, INC. Patrick Costanzo, Jr. Executive Vice President
l. FAR Calculations Based on New Hillside Development Standards and Guidelines Site 1 Site 2 Site 3 Site 4 Site 5 Site 6 Site 7 Site 8 Site 9 Site 10 Site 11 Site 12 Site 13 Lot Area
(SF) 139,392 108,900 95,832 100,188 135,036 121,968 143,748 187,308 152,460 108,900 121,968 87,120 91,476 Home Size (SF) 4,658 4,815 4,657 4,600 4,815 4,320 4,637 4,598 4,655 4,316 4,814
4,808 4,596 Garage Size (SF) 799 799 799 796 799 795 799 795 799 795 799 799 796 Total Size 5,457 5,614 5,456 5,396 5,614 5,115 5,436 5,393 5,454 5,111 5,613 5,607 5,392 Total Less 400
SF 5,057 5,214 5,056 4,996 5,214 4,715 5,036 4,993 5,054 4,711 5,213 5,207 4,992 FAR (%) 3.63% 4.79% 5.28% 4.99% 3.86% 3.87% 3.50% 2.67% 3.31% 4.33% 4.27% 5.98% 5.46% Proposed Home Size
versus Home Size Allowed Under New Hillside Development Standards and Guidelines Max. Home Size (SF)' 5,601 5,601 5,601 5,604 5,601 5,605 5,601 5,605 5,601 5,605 5,601 5,601 5,604 Proposed
Homes 4,658 4,815 4,657 4,600 4,815 4,320 4,637 4,598 4,655 4,316 4,814 4,808 4,596 % Under Max. 17% 14% 17% 18% 14% 23% 17% 18% 17% 23% 14% 14% 18% "Maximum Home Size Allowed by Hillside
Guidelines for Lots over 32,000 SF is 6,000 (Assume Garage Size is the Same with 400 SF Allowance)
, Greenbriar Homes Communities :67t? .-IX) . (0.. 9? ,oh . c:;1/W '..SXl }('{yl'ru€/)(. --C.Jf>".W)1;FI February 25; 2004 Honorable Mayor Glickman
and Town Councilmembers Town of Los Gatos 110 East Main Street Los Gatos, California 95031 RE: Shannon Valley Ranch 17101 Hicks Road Ajlouuny Appeal Dear Honorable Mayor Glickman and
Town Councilmembers: RECEIVED FEB 2 5 LUG4 TOWN OF LOS GATOS BUILDING DIVISION Below is our response to Mr. Ajlouny's, January, 2004 appeal letter regarding to our above referenced project.
The item numbers below correspond with those in Mr. Ajlouny's correspondence. Item # 1 Lot 12 cannot be two stories high. Mr. Ajlouny claims that the proposed home on Lot 12 is located
directly behind his home on an upslope and it towers over his entire yard. This statement is false for the following . reasons: 1. The closest point on the proposed home is over 240-feet
from the corner of Mr. Ajlouny'shome.' . 2. No part of the proposed home is directly behind Mr. Ajlouny's home: in fact, the rear line ofthe proposed home is offset over lIS-feet from
the side ofMr. Ajlouny's home.. 3. The two-story portion ofthe proposed home has the view oriented due west, away from Mr. Ajlouny's home which is offset to the south. 4. The proposed
"Rough Grade Elevation" for the home on Lot 12 is actually 1-foot lower than the grade at the rear of Mr.Ajlouny's lot. . 5. The height of Mr. Ajlouny's two-story home is roughly the
same as the height of the proposed two-story home on Lot 12. 43160 Osgood Road, Fremont, California 94539 • Phone: (510) 497-8200 • Fax: (510) 497-8290 www.greenbriarhomes.com
Item #2 Clarification of max. square footage. Mr. Ajlouny stated that Condition 8 of the PD Ordinance says that the maximum allowable home size is 4815 square feet. This statement is
also inaccurate. Condition 8 actually states that: All project homes will be limited to a maximum size of 4850 square feet with an average of4650 square feet, and at least 2/3 ofthe
homes shall be limited to a one story design. , PD condition 8 was addressing home sizes exclusive of garages. This is supported by the detailed architectural plans that were reviewed
by the Town of Los Gatos in conjunction with the PD Ordinance that clearly indicate that the square footage of the homes did not include the garage. Item #3 Removal of all, not some,
power and telephone poles. Mr. Ajlouny acknowledges that the existing overhead utility line through the site will be relocated underground, but questions why the utility poles along
Hicks Road are to ' _ After numerous public hearings the Los Gatos Town Council determined that in order to ,retain the rural character of the neighborhood, Hicks Road
was not to be improved. Thus, no utility relocation is required along Hicks Road. Condition 24 of the approved Vesting Tentative Map only requires that new utility lines be installed
underground. Item #4 The status of the public parking lot on the west side of the proj ect. Mr. Ajlouny objects to the unpaved parking area near the connection of the proposed trail
with Shannon Road. This feature was clearly shown on the Vesting Tentative Map that was approved by the Town Planning Commission. This facility was included at the Town's request to
provide a safe place for people to park nearthe trailhead. Item #5 Utilities, water natural gas and sewer for adjacent property.I Mr. Ajlouny is asking that the' public utilities be
extended to his property. The approved Vesting Tentative Map does not require that any utilities be extended to serve adjacent property. However, Greenbriar is willing to provide the
necessary easements so that he could could install the utilities. Furthermore, if Mr. Ajlouny would agree to pay for the work, Greenbriar is willing to facilitate the installation of
the utilities in conjunction with the project improvements and all()w Mr. Ajlouny to realize the benefit of our pricing due to our larger scope of.work.
Greenbriar Homes has attempted to work diligently with Mr. Ajlouny,-however, we feel that given the circumstances his requ,ests are not reasonable. We appreciate your continued assistance
in moving through the process and are looking forward to getting 'started. Should you have any questions or require further information, please do not hesitate to phone my·office. Sincerely,
I /o lR.Jiltt·"tC OpCnWifCFcncc I I /I I /I I /I I /I I /I ( ., Ranch 8 Greenbriar Homes Communities Inc. 43160 Osgood Road Fremont, California 94539 • 9-"...... IN'llf"11l /\"-\ 10
, , i ( o :10' 120' January 14, 2004 11 , , I I n:.t, r.':v"t'F"'" Sml'l,-,,,oi<:,,.. (A!'41H l ..
Landscape Plan lilliE GUZZARDO PARTNERSHIP INC.