10 Addendum - Reservoir Road Lot 3~V*N of MEETING DATE: 04/16/07
ITEM NO.
ADDENDUM
COUNCIL AGENDA REPORT
DATE: April 13, 2007
TO: MAYOR AND TOWN UNCIL
FROM: TOWN MANAGER
SUBJECT: CONSIDER AN APPEAL OF A PLANNING COMMISSION DECISION
DENYING A REQUEST TO CONSTRUCT A NEW SINGLE-FAMILY
RESIDENCE ON PROPERTY ZONED R-1:20. APN 529-31-041.
ARCHITECTURE & SITE APPLICATION S-07-21. PROPERTY LOCATION:
RESERVOIR ROAD, LOT 3 PROPERTY OWNER: MARK VON KAENEL &
DIANNA ROBINSON; APPLICANT/APPELLANT: TONY JEANS, T.H.I.S.
DESIGN
DISCUSSION:
Attachment 15 to the Council report for this application is a letter that was submitted by Lee
Quintana. One of the concerns raised is preservation versus removal of the historic rock walls and
stairways on the site. The intent of the mitigation measure relating to the rock walls is to require the
possible incorporation of the rock from historic walls within the project site. The mitigation measure
reads as follows:
The rock walls and stairways shall be preserved for possible incorporation- into fixture
residential development. Where the walls are in disrepair the remnants shall be incorporated
into future landscaping or be made into an element for an entryway into the subdivision
In this particular case, portions of the rock wall bisect the building envelope and it would be
impractical to try and preserve the wall in place. When the subdivision improvements were
completed, some of the walls and stairs had to be removed and the rock was salvaged and stockpiled
for future use. As stated in the staff report, the applicant is willing to preserve a portion of the wall
that parallels the new driveway and to reuse the remainder of the rock on the new driveway walls.
PREPARED BY: Bud N. Lortz, ire~6r of Community Development
Reviewed by: P C'~~ Assistant Town Manager Town Attorney Clerk Finance
Community Development Revised: 4/13/07 2:51 Pm
Refomiatted: 5/30/02
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: APPEAL FOR RESERVOIR ROAD LOT 3; FILE #S-07-21.
April 2, 2007
Condition #15 has been included to require the preservation and reuse of the walls on the site. The
applicant has also offered to use rock from the subdivision stockpiles to complete the on-site walls.
Staff will ensure reuse of the historic rocks as part of the building permit process.
Attachment 16 is a memorandum from Outside Counsel addressing the comment about the need for
further environmental review relative to the Architecture & Site application.
Attachments:
1.-15. Previously received under separate cover
16. Letter from outside Counsel (1 page, w/attachment), received April 13, 2007
Distribution:
Tony Jeans, T.H.I.S. Design, P. O. Box 1518, Los Gatos, CA 95031
Mark Von Kaenel & Dianna Robinson, 245 Carlton Court, Los Gatos, CA 95032
BNL:SD
N:\DEV`,SUZAN'NE\COUNCIL\REPORTS\FWD. TO TC\APPEALS\RESERVOIRL3-ADD.DOC
TO: BUD N. LORTZ
FROM: DAN K. SIEGEL AND SANDY SLOAN (ACTING CITY ATTORNEYS)
RE: RESERVOIR ROAD QUESTION REGARDING NEGATIVE DECLARATION
DATE: APRIL 13, 2007
QUESTION: Is the Negative Declaration that was performed for the site as part of
the subdivision review and approval sufficient or does a new
environmental assessment need to be performed for the Architecture
and Site Application for Reservoir Road, Lot 3.
SHORT ANSWER: The Negative Declaration that was performed for the subdivision
review is sufficient and no further environmental review must be
performed.
A Negative Declaration was prepared when the subdivision was processed by the
City and approved by the City Council. We understand that the Negative Declaration
addressed the fact that four (4) homes would be built on the subdivided property and that
some grading would occur on land that has a slope in excess of 10%. As the prior review
anticipated a project similar to what has been proposed, we believe that the categorical
exemption under Section 15303 asset forth in the staff report is appropriate. However, the
City Council may also augment this exemption by performing the analysis set forth in CEQA
Guideline 15162. Section 15162 sets forth the procedure to determine whether additional
environmental review needs to occur when an EIR or Negative Declaration has been
issued.
I have attached §15162. In short it states: When an EIR has been certified or
negative declaration adopted for a project no subsequent EIR shall be prepared for that
project unless the lead agency determines, on the basis of substantial evidence in the light
of the whole record that:
1. Substantial changes to the project will cause new significant environmental impacts.
2. Substantial change to the circumstance under which the project will occur which will
cause new significant environmental impacts.
3. There is new information of substantial importance which was not known or could
not have been known when the finding was made that there will be significant effects
that were not discussed, the significant effects will be substantially more severe,
mitigation thatwas found to be infeasible is feasible, or different mitigation measures
which are considerably different from those analyzed before would substantially
reduce the significant effects.
By performing the above analysis the City Council can confirm that this application does
not trigger the need for environmental review or determine that the application does trigger
the need for review.
ACTION: The City Council may rely on the categorical exemption of Section 15303 of
the California Environmental Quality Act (CEQA) and/or the Council may go
through the analysis set forth in §15162 to confirm that no additional
environmental review is required.
NADATAUients\ULos Gatos\Memo\resemoir-Lmem.wpd
Attachment 16
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ATTACMENT 1
H if~ H
ENGINEERS
February 6, 2007
Job No. 2986.01
To whom this may concern
Town of Los Gatos Planning Division
110 E. Main Street
Los Gatos, CA 95301
Williom J Wagner I Thomas A Armstrong I Michae; L Morsilli I David m Wilson
?F
Re: Reservoir Road Subdivision, Town File #'s: S-01-77, M-01-13
Dear Planning Staff Member:
This letter is intended to provide you with our recollection of the purpose of the proposed building envelopes
depicted in the approved plan sets. As part of the Architectural and Site Approval and Subdivision for the
subject project, we were instructed to provide potential building envelopes for the lots. This exercise was
completed in order for environmental review to be completed and to have some reasonable idea of what the
environmental impacts would be for future houses.
Criteria used to site the building envelopes included:
Anticipate potential tree removal
Ability to provide a reasonable driveway access
Ability to provide utility lines to the house
Anticipate future grading _
Our-6?yders a ing was t£iat the proposed
realistic and definable building location.3r
were conceptual in nature, arrld represented a
o uraTand Site Application for each lot. During the design review process each
of the issues above would be reviewed along with specific building design. It would seem that there should
be some flexibility it the exact house location and design that could vary from the approved Tentative Map,
but maintain the intent of the building envelop, while not increasing site impacts.
Very truly yours,
HMH ENGIN RS
1
Ray imoto, AICP
Senior Planning Manager
Cc: File
Mike Davis, DZ Design Associates Inc.
17705 Hale Avenue, suite H4
Morgan Hill, CA 95037
SAN JOSE
1570 Oakland Road
San Jose, California 95131
408.487.2200 Tel 408.487.2222 Fax
www.hmh-engineers.com
GILROY
7888 Wren Avenue, Bldg. B
Gilroy, California 95020
408.846.0707 Tel 408.846.0676 Fax
11119"it'!'1
~'a~
T.H.I.S.
DESIGN & DEVELOPMENT
Box 1518, Los Gatos, CA 95031
Fax: 408.354.1823 Tel: 408.354.1863
February 17",2007
110 E. Main Street RECEIVED
Los Gatos, CA 95032
Attn: Suzanne Davis FEB 2 0 2007
Re: 100 Reservoir Road [Lot #3]
TOWN of Los G~rc
Dear Suzanne: PLANNING DlvISON
I was surprised to receive your email late last week in which three neighbors had
expressed their concern for the removal of trees on the project - this after they had
previously supported the project verbally. On Saturday I spoke to them at length and I
share their concerns. This letter clarifies a major error in the 'tree handout' provided
at the Planning Commission meeting in January. I would appreciate your attempt to
forward this to the commission members without delay so that they have a chance to
fully digest it prior to the meeting. [Attached: Accurate Lot 3 Tree Summary]
Tree Handout Error:
The tree handout states that, in addition to other trees, two oaks would be removed:
T16 [formerly #86] - a 23" blue oak and T5 [formerly #70] - a 16.5" black oak. This
was a recommendation of the town consultant arborist, but not reflective of the wishes
of the owner and neighbors; nor were they shown for removal in the plan presented for
review at the January commission meeting.
The neighbors felt betrayed, in that we had told them that we were trying to save
those trees, but the handout said that we were not.
Arborist Recommendations:
As a result of the arborist's recommendations we submitted a revised sheet C2
showing the removal of the 2 trees T5 and T16, relocating the driveway as suggested.
We do not see a real benefit in this approach, and will request that the Planning
Commission approve our original design as shown in the original C2 attached.
Tree Removal Summary:
It is our intent to try to preserve as many trees [most specifically the oaks at the
front] as possi ire and also to retain the rural setting along Reservoir Rd by NOT
adding an ad /tionaI driveway.
Yours
Tony Jeans
Cc: Von Kaenel, Bonner, McEvoy, Kankel, Soderberg.
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Date: January 24, 2007
For Agenda Of: January 24, 2007
Agenda Item: 3
DESK ITEM
REPORT TO: The Planning Commission
FROM: Director of Community Development
LOCATION: Reservoir Road (Lot 3)
Architecture and Site Application S-07-21
Requesting approval to construct a new residence on property zoned 8-
1:20. APN 529-31-041.
PROPERTY OWNER: Tony Jeans, T.H.I.S. Design
APPLICANT: Mark Von Kaenel & Dianna Robinson
DEEMED COMPLETE: January 2, 2007
FINAL DATE TO TAKE ACTION: July 2, 2007
EXHIBITS: A.-K. Previously received
L. Letter from Arthur J. Bonner (one page), received January 19,
2007
M. Council Resolution 2004-4 (four pages)
REMARKS:
Exhibit L is a letter from a neighbor of the project that was received after the packet was
distributed to the Planning Commission. Exhibit M is the Council resolution granting the
applicant's appeal and approving the Sienna Oaks subdivision. The corresponding conditions of
approval for the Tentative Map and Architecture & Site applications are attached to the staff
report (Exhibit H).
7DAr
Prepared
Suzanne Davis, Associate Planner
BNL:SD
N:\DEV\SUZP.NNE\PCUtEPORTS`NSC27\Rmmo ¢L3.doc
Zpe d b y:
Bud N. Lortz, Director of Community Development
ATTACHMENT 11
-A
January 17, 2007
To: Town of Los Gatos Planning Commission !2
~9~OG~ j 40
Subject: Subject: Reservoir Road Subdivision tip, o~
Reference: Architectural and Site Application (S-07-21) ~`SO, S
/
Ladies and Gentlemen
When this subdivision was approved by the Council it was with the understanding
landfill would be severely limited. The objective was to preserve the natural curvature of
the existing site. As I recall, the restriction limited the Town Staff from increasing the
amount of fill permitted by any amount without Council approval.
As we arrive at the first A&SR review, I see several truckloads of dirt on the site. (See
enclosed photos.) The dirt appears to be a type of soil that is not characteristic of the site.
Although, it is possible the dirt is from elsewhere on the site.
The goals of the neighborhood were, and remain:
1. The natural character of this hillside parcel not be altered;
2. Tree removal is limited to those that are absolutely necessary;
I hope in your review(s) you assure the wishes of the neighbors-supported by the
Council in 2003-are not overlooked
Thank you, n
Arth . B e U'
79 Reserv r Rd
Exhibit L
RE: OLUTION 2004 - 4
RESOLUTION GRANTING AN APPEAL OF A PLANNING COMMISSION
DECISION TO DENY APPLICATIONS TO REMOVE THE EXISTING RESERVOIR AND
FACILITIES AND TO APPROVE A FOUR LOT SUBDIVISIONON PROPERTY ZONED R-1:20.
NO SIGNIFICANT ENVIRONMENTAL IMPACTS HAVE BEEN IDENTIFIED AS A RESULT OF
THIS PROJECT AND A MITIGATED NEGATIVE DECLARATION IS RECOMMENDED
ARCHITECTURE & SITE APPLICATION: S-01-77
SUBDIVISION APPLICATION: M-0 1-013
NEGATIVE DECLARATION: ND-01-1 I
PROPERTY LOCATION: RESERVOIR ROAD
PROPERTY OWNER / APPLICANT / APPELLANT: SAN JOSE WATER COMPANY
WHEREAS:
A. This matter came before Council for public hearing on December 15, 2003, on an appeal by
San Jose Water Company (appellant) from adecision of the Planning Commission and was regularly noticed
in conformance with State and Town law.
B. Council received testimony and documentary evidence from the appellant and all interested
persons who wished to testify or submit documents. Council considered all testimony and materials
submitted, including the record of the Planning Commission proceedings and the packet of material
contained in the Council Agenda Reports dated August 14, 2003, August 15, 2003, November 26, 2003,
December 10, 2003, Desk Items dated August 18, 2003 and December 1, 2003, and Addendum dated
December 12, 2003, along with subsequent reports and materials prepared concerning this application.
C. The applicant is seeking Architecture and Site approval to remove an existing pre-194t
gunite-lined reservoir and the related facilities. The applicant is also seeking to subdivide the 2.6 acre
property into four lots.
D. On August 18, 2003, the Town Council considered an appeal of the Planning Commission's
decision and the matter was continued to the November 17, 2003 meeting. The matter was again continued
to December 1, 2003, to allow the applicant and Town staff to complete the analysis of issues raised by the
Exhibit M
Council at the August 18, 2003 meeting. At the neighbc -s request, Council continued the hearing to
December 15, 2003, to allow time to review and respond to the December 1, 2003 staff report.
E. The appellants allege that the Planning Commission erred or abused its discretion and that
the decision was not based on evidence in the record.
F. Council finds as follows:
Pursuant to Town Code section 29.20.300, this application raised issues of the sanitary ,,ewer
alternative alignments, soil import volume, traffic impacts to the neighborhood and business community and,
consequently, required interpretation of policies over which the Planning Commission did not have the
discretion to modify or address, but which are vested with Council for modification or decision.
2. Pursuant to Town Code Section 29.20.150, the considerations for approval of Architectural
and Site applications have been made.
3. Pursuant to Town Code section 29.20.09030(c) and 29.10.09030(e), the considerations for
demolition of the existing historical reservoir have been made.
4. Pursuant to the Town's In-Fill Policy, the proposed reclamation of the abandoned reservoir
and a four lot subdivision demonstrates a strong community benefit in that it removes an existing surplus
reservoir facility that is an eyesore and potential health and safety hazard and will restore the site to more
natural soil contour, shall provide improved fire, sanitary sewer and storm drainage infrastructure, shall
provide traffic controls, and shall contribute to the further development of the surrounding neighborhood
by allowing a residential development that is consistent with all existing Town planning rules and policies.
5. The proposed reclamation of the abandoned reservoir and a four lot subdivision are consistent
with the Town's General Plan and Hillside Specific Plan ("HSP"), including, but not limited to, land use
goals and policies to recognize property rights and provide housing in a manner that will not adversely affect
the mountain environment (HSP 1.2 and 1.3), which are guaranteed here by allowing a residential
subdivision that is consistent with all existing land use rules and policies and that minimizes grading and
tree removal; land use implementation policies regarding traffic, energy, the preservation of privacG and
safety of area residents and residential densities (HSP 1.4); facilities and services goals and policies
regarding adequate services, especially water (HSP 2.2), which are to be constructed new ; circulation zoals
and policies for the design of hillside roads and driveways to be in harmony with the topography and ecology
of the area (HSP 3.2, 3.3, and 3.4), all of which are to comply with Town and Fire Department standards,
while also minimizing grading and tree removal; open space goals and policies for the preservation of trees
(HSP 4.3 and 4.4), in that the removal of trees shall be limited by the location of building pads in the least
effected area of each parcel; and safety goals and policies, specifically concerning adequate water for fire
protection and suppression (HSP 5.2, 5.3, and 5.4).
RESOLVED:
The appeal of the decision of the Planning Commission on Architecture and Site Application
S-01-77, Negative Declaration ND-01-11, Subdivision Application M-01-13 is granted.
2. Revised Conditions of Approval for the Subdivision Application and Architecture and Site
Application, are attached hereto as Exhibit A and Exhibit B, and are applied to these Applications. The
revised Conditions of Approval incorporate the following:
A. Attachment 44 of the report dated December 1, 2003 shall be used to guide the review of
future Architecture and Site applications with an emphasis on preserving as many trees as possible and
limiting the building envelopes and footprints of future homes.
B. The demolition of the reservo:- and site remediation shall occur in two phases. Staff shall
require the work to be phased to provide strategic delays and breaks to minimize disruption to residents and
businesses. Staff will carefully identify windows of opportunity when work will create the least impace on
residents and businesses.
F'
_t#
3. The decision constitutes a final administrative decision pursuant to Code of Civil Procedure
section 1094.6 as adopted by Section 1. 10.085 of the Town Code of' the Town of Los Gatos. Anv
application forjudicial relief from this decision must be sought within the time limits and pursuant to the
procedures established by Code of Civil Procedure Section 1094.6, or such shorter time as required by state
or federal law.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatcn,
California held on the 20" day of January, 2004 by the following vote.
COUNCIL MEMBERS:
AYES: Sandy Decker, Diane McNutt, Joe Pirzynski, Mike Wasserman,
Mayor Steve Glickman.
NAYS: None
ABSENT: None
ABSTAIN: None
SIGNED: /s/ Steve Glickman
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST
/s/ Marian V. Cosgrove
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
4
CDG
CANNON
DESIGN
GROUP
ARCHITECTURE PLANNING URBAN DESIGN
November 21, 2006
Ms. Suzanne Davis
Community Development Department
Town of Los Gatos
110 E. Main Street
P.O. Box 949
Los Gatos, CA 95031
RE: Reservoir Road, Lot 3
Dear Suzanne:
I reviewed the drawings, visited the site and read the applicant's summary explanation of the design. My comments
and recommendations are as follows:
Neighborhood Context
The site is currently being graded for the development of four single family homes. The total subdivision site is es-
sentially a bowl with high edges at the edges sloping to a low point near the center. Lot 3 fronts on Reservoir Road
with a high point elevation of approximately 570 feet and a low point, adjacent to Lot 2, of about 545 feet.
Homes immediately around the subdivision site are a mixture of one and two story structures, and none are very
prominently seen from Lot 3.
Photographs of the area around this site are shown below.
C
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View c ntc.
ew
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View north along entry to Lot 2 showing exsiting house View north across Lot 3 from entry
adjacent to the new subdivision
TEL: 415.331.3795 FAX: 415.331.3797
180 HARBOR DRIVE. SUITE 219. SAUSALITO. CA 94965
EMAIL: cdgplan@pacbell.net
E:;4Y('64
U 1
Adia
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1
Reservoir Road, Lot 3
Design Review Comments
November 21, 2006 Page 2
to
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Rfjyyfi~IS^
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View from site north to existing house
- v. W1
View east from Lot 3 to Lot 4 entry
Issues and Concerns
1. The house appears to be well designed, with good proportions, visual balance and details. Given its one story
profile on the Reservoir Road front-
age and the sharp drop in grade 1
t
near the Reservoir Road property 1ttF
line, the new structure should have F / w
minimal impact on the streetscape r 1 Potential visual
Impact on future t
and adjacent existing neighbor- house on Lot 4
hood. Lot 4
Footprint
2. However, the northerly portion
of the house will be very close to y 1
the established footprint area for -
the future house on Lot 4. This i `
is the area of the proposed house
where a full two story facade is _
proposed. Although the upper por-
tion is shown as an open porch, the
mass and wall height could have
a visual impact on the adjacent RRa
home.
CANNON DESIGN GROUP 180 HARBOR DRIVE. SUITE 219. SAUSALITO. CA 94965
Existing grade change along the Reservoir Road property
edget
Reservoir Road, Lot 3
Design Review Comments
November 21, 2006 Page 3
Two story height of this
element may impact future
house on adjacent Lot 4
3. The front entry stone arch is too close to the roof eave above. Stone arches need more wall area above them to
appear convincing as stone arches.
Arch lintel crowds eave line
More wall space above arch needed
41 ~
Recommendations
1. The change that would be most sensitive to the potential impact on Lot 4 would be to eliminate the roof over the
second floor covered balcony as shown on the diagram below. If that is not possible, the addition of a trellis element
between the first and second floors would break up the two story columns and wall planes.
Remove roof over
large balcony
~L
4
Recommended change at rear balcony
I~
. Add trellis
~ ~ ~AiWi}499494944}i4i444P999~
Alternate less desirable change at rear balcony 1
CANNON DESIGN GROUP 180 HARBOR DRIVE. SUITE 219. SAUSALITO. CA 94965
Reservoir Road, Lot 3
Design Review Comments
November 21, 2006 Page 4
2. Lower the arch at the entry to provide more wall space above the arch.
Lower arch head
More stone wail above arch
f __a
I __I
Suzanne, please let me know if you have any questions, or if there are specific issues of concern that I did not ad-
dress.
Sincerely,
CANNON DESIGN GROUP
Larry Cannon AICP
President
CANNON DESIGN GROUP 180 HARBOR DRIVE. SUITE 219. SAUSALITO. CA 94965
Date: January 19, 2007
For Agenda Of: January 24, 2007
Agenda Item:_________ _ 3
REPORT TO: The Planning Commission
FROM: Director of Community Development
LOCATION: Reservoir Road (Lot 3)
Architecture and Site Application S-07-21
Requesting approval to construct a new residence on property zoned R-
1:20. APN 529-31-041.
PROPERTY OWNER: Tony Jeans, T.H.I.S. Design
APPLICANT: Mark Von Kaenel & Dianna Robinson
DEEMED COMPLETE: January 2, 2007
FINAL DATE TO TAKE ACTION: July 2, 2007
FINDINGS: ■ As required by Section 15303 of the State Environmental
Guidelines as adopted by the Town that this project is
Categorically Exempt.
■ As required by the Hillside Development Standards & Guidelines
required compliance with applicable standards and guidelines and
for the granting of an exception.
CONSIDERATIONS: ■ As required by Section 29.20.150 of the Town Code for
Architecture and Site applications.
ENVIRONMENTAL It has been determined that this project is categorically exempt pursuant
ASSESSMENT: to Section 15303 of the State Environmental Guidelines as adopted by
the Town.
RECOMMENDATION
SUMMARY: Approval, subject to conditions.
EXHIBITS: A.
B.
C.
D.
E.
Location map (one page)
Required Findings & Considerations (four pages)
Recommended Conditions of Approval (eight pages)
Applicant's letter (three pages with seven page attachment),
received November 14, 2006
Project data (one page)
A1TAM EW 12
IF
The Planning Commission - Page 2
Reservoir Road (Lot 3)
January 24, 2007
F. Consulting Architect's report (four pages), received November
21, 2006
G. Arborist report (16 pages), received December 8, 2006
H. Sienna Oaks Subdivision and Architecture & Site conditions (24
pages)
1. Approved subdivision preliminary site plan (one sheet)
J. Development Plans (nine pages), received January 2, 2007
K. Neighborhood House Sizes (one page)
A. BACKGROUND:
The subject property is the former San Jose Water Company reservoir site and is located on the
west side of Reservoir Road, south of Kimble Avenue. The undeveloped parcel was created as
part of a four-lot subdivision (Sienna Oaks) approved by the Town in 2003. The reservoir was
filled in and site grading was completed in Summer 2004. The subdivision identified
approximate building envelopes and trees to be removed (see Exhibit G).
The property is within the Hillside Area; although it is zoned R-1, the project must adhere to the
Hillside Development Standards & Guidelines.
The driveway to lot 2 bisects the southwest corner of the property. Portions of the driveway are
graded out and part of the driveway to the new home site is graded and/or paved. The applicant
is proposing a shared driveway approach over a small section of the existing driveway (see sheet
C l of the development plans). There is an easement already in place for the portion of the lot 2
driveway that crosses the applicant's lot.
B. REMARKS:
Project Description
The applicant is requesting approval to construct a new single family home with an attached
three-car garage and a swimming pool. Exhibit E includes general project data. The 3,959
square foot house and 1,078 square foot garage are within the allowable FAR numbers for house
and garage as provided for under the R-1 zoning. However, the combined floor area exceeds the
total FAR allowed under the Hillside Development Standards & Guidelines (HDS&G). A 4,700
square foot house is allowed under the HDS&G. The project includes a 730 square foot cellar
that is exempt from the FAR because it is a below grade element. This condition would apply
regardless of which FAR formula is used.
The applicant consulted with surrounding neighbors prior to submitting the application to the
Town. The applicant has proposed this particular design and site layout based on discussion and
input from the neighbors. The house has been sited and set into the slope to minimize its visual
impact from the street and to hide the garage entry. The two-story element is to the rear,
The Planning Commission - Page 3
Reservoir Road (Lot 3)
January 24, 2007
stepping with the terrain. A number of existing trees will be relocated rather than being removed
to minimize the impact to the site and provide adequate screening of the development. The
driveway is being cut down to set it into the site and to lower the garage entry. The outdoor area
steps down from the rear of the house to minimize wall heights and grading. A total of 375 cubic
yards will be exported from the site.
The subdivision approval requires preservation of the existing dry stack stone rock walls on the
property. One of these walls is located on lot 3, and runs parallel to Reservoir Road. The
applicant will be required to save the rock wall and to incorporate it into the new walls to be
constructed with the project.
Floor Area Ratio
The FAR for the site applying the HDS&G is 4,300 square feet. When the 400 square foot
allowance for a garage is added, the total allowable floor area is 4,700 square feet. The
allowable floor under the R-1 FAR formula is 4,020 square feet for the house and 1,085 square
feet for the garage. The applicant is proposing a 3,959 square foot house which complies with
the house FAR under either scenario. However, when the garage is combined with the house,
the total floor area is 5,037 square feet. This exceeds the 4,700 allowed under the HDS&G.
There are two pending applications for homes on lots 1 and 2. These applications have applied
the HDS&G FAR because they are both larger than 30,000 square feet and do not have an FAR
under the R-1 zoning criteria.
Since adoption of the HDS&G, staff has applied the stricter floor area standard when conflicts
arise between R-1 and hillside criteria. The R-1 FAR regulations are a Town Code whereas the
HDS&G FAR is an adopted standard. The Commission should discuss this issue and direct staff
and the applicant on the appropriate floor area restriction to apply to the project. Should the
Commission decided to apply the HDS&G FAR, the applicant would be required to reduce the
size of the garage by 337 square feet, and a condition of approval should be added to this affect.
Information on the sizes of homes in the neighborhood is attached as Exhibit K.
Architectural Review
The Town's Consulting Architect, Larry Cannon of Cannon Design Group, reviewed the plans
and visited the site. The architect's report states that the house is well designed with good
proportions, visual balance and details. Given the one-story profile facing Reservoir Road, it
will have a low profile from the street. The northerly proportion of the house has a two-story
fagade and could have 4 visual impact on the home to be constructed on lot 4. The
recommendations of the Consulting Architect are as follows:
i
The Planning Commission - Page 4
Reservoir Road (Lot 3)
January 24, 2007
• Lower the arch at the front entry stone arch to provide more wall space above the arch.
• Eliminate the rood over the second floor covered balcony or add a trellis element between
the first and second floors.
A condition of approval has been included requiring the applicant to work with staff and the
Consulting Architect to make the recommended changes to the plans.
Building Envelope
The Tentative Map exhibits show approximate building envelopes for the new homes to be built
within the Sienna Oaks subdivision (see the preliminary site plan attached as Exhibit F). The
applicant's proposed building footprint is largely within the footprint shown. Part of the porch
and mechanical room and workshop extend beyond the conceptual footprint on the south end of
the house, and a covered patio extends beyond it on the north end. The applicant is also
proposing a pool that is outside the building envelope. At the time the subdivision was and
approved, it is not clear whether the building envelope was intended to include all development
as opposed to just buildings. The pool has been sited in a relatively flat area, can be constructed
with minimal grading and walls, and is in compliance with the HDS&G.
Driveway
The preliminary site plan showed a different driveway approach than what is proposed under this
project. The applicant modified the driveway in response to comments from neighbors who
prefer not to see the garage entry, and to avoid having the garage facing the street as encouraged
by the HDS&G. There is also a large specimen oak (tree #30) located near the street that was
intended to be saved at the time of subdivision approval. The applicant has kept development
around this tree to a minimum so it is not adversely impacted.
The new driveway will extend off the existing driveway leading to lot 2. The applicant is also
proposing a parking area between the garage and the street. The parking bay is five feet from the
property line and eight feet from the street at the narrowest point. Staff suggested that the
parking bay be reduced in size to allow for additional landscape screening. The applicant did not
elect to make this change. If the Commission believes that more area is needed for planting, a
condition can be added requiring the parking bay to be modified or reduced in size.
The driveway design needs some minor modifications to pull it further from several trees that are
in close proximity. Trees #4 and 45 are located near the curve where the driveway moves away
from the street toward the garage. The Consulting Arborist has indicated that tree #5 is not in
good condition and would not likely survive if grading is done within its canopy. If tree #5 is
The Planning Commission - Page 5
Reservoir Road (Lot 3)
January 24, 2007
removed, the other trees can be worked around and saved. It may also be necessary to remove
tree #16, although the applicant would like to preserve this tree. Condition #33 requires
compliance with the recommendations of the Consulting Arborist report. The condition allows
removal of trees 5 and 16 and requires the modified driveway to preserve the remaining trees.
Tree Impacts
Six trees are proposed for removal, five due to conflicts with the proposed construction, and one
because it is crowding an oak tree. In addition, seven trees are proposed to be relocated on the
site. The tentative map preliminary site plan shows removal of five trees within the building
footprint and two outside it.
The Town's Consulting Arborist, Arbor Resources, reviewed the plans and visited the site and
prepared an arborist report for the project. The Consulting Arborist found that the proposed
removals and relocations comply with the Town's Tree Protection Ordinance. Two of the trees
proposed for relocation are questionable due to their location and/or asymmetrical canopy. Trees
to be removed and any relocated trees that do not survive will be required to be replaced in
accordance with the Town's canopy replacement criteria. Conditions of approval have been
included to require all recommendations of the Consulting Arborist to be implemented and
complied with throughout all phases of construction.
Grading
Grading cut and fill depths exceed the criteria specified in the Hillside Development Standards &
Guidelines (HDS&G) for a small area of the driveway near the garage. The applicant is
proposing to cut more than the recommended depth of four feet in order to lower the house and
garage entry so it is not visible to neighbors across Reservoir Road or from the street. The cut is
also needed to make the transition from the existing graded driveway to the garage. Staff does
not have any concerns about the grading given the site characteristics and the need to design the
driveway, with a maximum slope of 15%. The Planning Commission may grant an exception to
the maximum allowed cut depth for the driveway pursuant to Chapter IX, section F. of the
Hillside Development Standards & Guidelines. Any deviation shall include the rationale and
evidence to support the granting of an exception. The Commission should discuss this request
and make a decision on based on the merits of the project and the information and justification
provided by the applicant. Other than the grading exception, the project is in conformance with
the HDS&G.
C. RECOMMENDATION:
The Planning Commission should carefully consider the allowable floor area, whether the pool
may be located outside the building envelope, the landscaping between the driveway and the
The Planning Commission - Page 6
Reservoir Road (Lot 3)
January 24, 2007
street, and the requested exception to the HDS&G for grading. If the Planning Commission is
satisfied with the project, it should take the following actions:
1. Find that the proposed project is categorically exempt, pursuant to Section 15303 of the
California Environmental Quality Act as adopted by the Town (Exhibit B);
2. Determine that the project is in compliance with the Hillside Development Standards &
Guidelines, and grant the exception to the grading standard;
Determine that the project is in conformance with the considerations for Architecture and
site applications as set forth in Section 29.20.150 of the Zoning Ordinance (Exhibit B);
4. Approve the Architecture and Site applications subject to the conditions in Exhibit C and
as shown in the development plans (Exhibit H).
If the Commission would like to see changes to the project that are not already specified in the
recommended conditions of approval, conditions may be added or modified and staff will work
with the applicant to make any necessary change§,W the plans.
'-~nk
Prepared by:
Suzanne Davis, Associate Planner
BNL:SD
cc: Tony Jeans, T.H.I.S. Design, P. O. Box, Los Gatos, CA 95031
Mark Von Kaenel & Dianna Robinson, 245 Carlton Court, Los Gatos, CA 95032
N: \DEV\SUZANNEIPCUIEPORTS W SC271ReservoirL3.doc
Bud N. Lortz, Director of Community Development
Lot #3 Sienna Oaks, Reservoir Road
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PLANNING COMMISSION - JANUARY 24, 2007
REQUIRED FINDINGS & CONSIDERATIONS FOR:
Reservoir Road (Lot 3)
Architecture and Site Application S-07-21
Requesting approval to construct anew residence on property zoned R-1:20. APN 529-31-041.
PROPERTY OWNER: Tony Jeans, T.H.I.S. Design
APPLICANT: Mark Von Kaenel & Dianna Robinson
FINDINGS:
Required finding for CEQA:
The project is Categorically Exempt pursuant to Section 15303 of the State Environmental
Guidelines as adopted by the Town.
Exception to the Hillside Development Standards & Guidelines:
The project includes a maximum cut depth of eight feet for a small area of the driveway. The
Planning Commission may grant an exception to the maximum allowed cut of four feet pursuant to
Chapter IX, section F. of the Hillside Development Standards & Guidelines. Any deviation shall
include the rationale and evidence to support the granting of an exception.
Required compliance with Hillside Development Standards & Guidelines:
Other than the exception to grading criteria for the driveway, the project is in compliance with the
Hillside Development Standards & Guidelines.
CONSIDERATIONS:
Section 29.20.150, Required considerations in review of Architecture & 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 of the site
development plan on traffic conditions on abutting streets; the layout of the 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 of truck loading and unloading
facilities; the circulation pattern within the boundaries of the development, and the
surfacing, lighting and handicapped accessibility of off-street parking facilities.
Exhibit B
a. Any project 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.
b. The deciding body shall review the application for traffic
roadway/intersection capacity and make one (1) of the following
determinations:
1. The project will not impact any roadways 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 exceed their available
capacities.
Any project receiving Town determination subsection (I)b. I. 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 of walls,
fences, hedges and screen plantings to insure harmony with adjacent development or
to conceal stoxage 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 of existing healthy trees. Emphasize the use of planter boxes
with seasonal flowers to add color and atmosphere to the central business district.
Trees and plants shall be approved by the Director of Parks, Forestry and
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Maintenance Services for the purpose of meeting special criteria, including climatic
conditions, maintenance, year-round versus seasonal color change (blossom, summer
foliage, autumn color), special branching effects and other considerations.
(4) Considerations relating to site layout. The orientation and location of buildings 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. In the downtown, mid-block pedestrian arcades linking Santa Cruz
Avenue with existing and new parking facilities shall be encouraged, and shall
include such crime prevention elements as good sight lines and lighting systems.
(5) Considerations relating to drainage. The effect of the site development plan on the
adequacy of storm and surface water drainage.
(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 access for physically disabled persons. The adequacy of
the site development plan for providing accessibility and adaptability for physically
disabled persons. Any improvements to a nonresidential building where the total
valuation of alterations, structural repairs or additions exceeds a threshold value
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 of title 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 managementfacility. 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.
N:1D E V\MN DIN GSIRES ER V OI RLOT3. DOC
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PLANNING COMMISSION - JANUARY 24, 2007
CONDITIONS OF APPROVAL
Reservoir Road (Lot 3)
Architecture and Site Application S-07-21
Requesting approval to construct a new residence on property zoned R-1:20. APN 529-31-041.
PROPERTY OWNER: Tony Jeans, T.H.I.S. Design
APPLICANT: Mark Von Kaenel & Dianna Robinson
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 noted as
received by the Town on January 2, 2007 and approved by the Planning Commission on
January 24, 2007. Any changes or modifications to the approved plans and/or business
operation shall be approved by the Community Development Director or the Planning
Commission, depending on the scope of the changes.
2. EXPIRATION OF APPROVAL: The Architecture & Site application will expire two
years from the date of approval unless it is used before expiration. Section 29.20.335
defines what constitutes the use of an approval granted under the Zoning Ordinance.
3. ARCHITECTURAL CHANGES. The recommendations of the Consulting Architect
shall be incorporated into the plans prior to submittal of plans for building plan check.
4. EXTERIOR COLOR. The exterior color of the house shall not exceed a light reflectivity
value of 30 and shall blend with the natural vegetation.
5. 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. Final exterior colors shall be approved by the Director of
Community Development prior to application.
6. OUTDOOR LIGHTING. House exterior and landscape 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
Division. The outdoor lighting plan can be reviewed during building plan check. Any
changes to the lighting plan shall be approved by the Planning Division prior to
installation.
7. TREE REMOVAL PERMIT. A Tree Removal Permit shall be obtained for any trees to
be removed, prior to the issuance of the demolition permit.
8. REPLACEMENT TREES. Replacement trees shall be planted for all tree that are
removed. The number and size of new trees shall be determined using the canopy
replacement table in the Town's Tree Protection Ordinance. Required trees shall be
{ planted prior to final inspection.
9. TREE PRESERVATION. All recommendations of the Town's Consulting Arborist shall
be followed throughout all phases of construction. Refer to the report prepared by Arbor
Resources dated December 8, 2006 for details. Tree protection specifications shall be
printed on the construction plans.
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10. 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 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.
11. GENERAL. All existing trees shown on the plan and trees required to remain or to be
planted are specific subjects of approval of this plan, and must remain on the site.
12. DOUBLE STAKING. All newly planted trees are required to be double staked to Town
standards.
13. IRRIGATION SYSTEM. All newly planted landscaping shall be irrigated by an in-
ground irrigation system. Special care shall be taken to avoid irrigation which will
endanger existing native trees and vegetation.
14. LANDSCAPE SCREENING. Landscaping shall be planted along the property frontage
to screen the new residence from the road. The parking area shall be shifted or reduced
in size to provide a minimum of 10 feet for a landscape buffer between the parking bay
and the road. A comprehensive landscape plan shall be approved by the Director of
Community Development prior to issuance of a building permit.
15. ROCK WALL. The rock wall on the site shall be preserved and shall be incorporated
into the landscape design or the new walls to be constructed as part of the project.
16. STORY POLES. The story poles on the project site shall be removed within 30 days of
approval of the Architecture & Site application.
Building Division
17. PERMITS REQUIRED: A building permit shall be required for the alterations and
expansion of existing restaurant. Separate permits are required for electrical, mechanical,
and plumbing work as necessary.
18. CONDITIONS OF APPROVAL: The Conditions of Approval must be blue-lined in full
on the cover sheet of the construction plans. A compliance memorandum shall be
prepared and submitted with the building permit application detailing how the Conditions
of Approval will be addressed.
19. SIZE OF PLANS: Four sets of construction plans, maximum size 24" x 36."
20. STREET NAMES & HOUSE NUMBERS: Submit requests for new street names and/or
house numbers/suite numbers to the Building Division prior to submitting for the
building permit application process.
21. 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. ALTERNATE: - design the foundation for an
allowable soils 1,000 psf design pressure (Uniform Building Code Volume 2 - Section
1805).
22. SHORING: Shoring plans and calculations will be required for all excavations which
exceed four (4) feet in depth or which remove lateral support from any existing building,
adjacent property or, the public right-of-way. Shoring plans and calculations shall be
prepared by a California licensed engineer and shall conform with Cal/OSHA
regulations.
23. TOWN FIREPLACE STANDARDS: New wood burning fireplaces shall be an EPA
Phase II approved appliance as per Town Ordinance 1905. Tree limbs shall be cut within
10-feet of chimneys.
FIRM 24. 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
25. 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" x 8" minimum) shall be provided in all bathroom walls, at
water closets, showers and bathtubs located 34 inches from the floor to the center
of the backing, suitable for the installation of grab bars.
b. All passage doors shall be at least 32 inches wide on the accessible floor.
C. Primary entrance shall have a 36-inch wide door including a 5' x 5' level landing,
no more than l inch out of plane with the immediate interior floor level with an
18-inch clearance.
d. Door buzzer, bell or chime shall be hardwired at primary entrance.
26. TITLE 24 ENERGY COMPLIANCE: California Title 24 Energy Compliance forms CF-
1R, MF-1R, and WS-5R must be blue-lined on the plans
27. BACKWATER VALVE: The scope of this project may require the installation of a
sanitary sewer backwater valve per Town Ordinance 6.50.025. Please provide
information on the plans if a backwater valve is required and the location of the
installation. The Town of Los Gatos Ordinance and West Valley Sanitation District
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.
28. HAZARDOUS FIRE ZONE: The project requires a Class A assembly.
29. SPECIAL INSPECTIONS: When a special inspection is required by UBC Section 1701,
the architect or engineer of record shall prepare an inspection program that shall be
submitted to the Building Official for approval prior to issuance of the building permit.
The Town Special Inspection form must be completely filled-out, signed by all requested
parties and be blue-lined on the construction plans. Special Inspection forms are
available from the Building Division Service Counter or online at www.losgatosca.gov.
30. NONPOINT SOURCE POLLUTION STANDARDS: The Town standard Santa Clara
Valley Nonpoint Source Pollution Control Program shall be part of the plan submittal as
the second page. The specification sheet is available at the Building Division Service
Counter for a fee of $2 or at San Jose Blue Print.
31. APPROVALS REQUIRED: The project requires the following departments and agencies
approval before issuing a building permit:
a. Community, Development - Planning Division: Suzanne Davis at354-6875
b. Engineering/Parks & Public Works Department: Fletcher Parsons at 395-3460
C. Santa Clara County Fire Department: (408) 378-4010
d. West Valley Sanitation District: (408) 378-2407
e. Local School District: (Contact the Town Building Service Counter for the
appropriate school district and to obtain the school form.)
f. Bay Area Air Quality Management District: (415) 771-6000
g. Environmental Health Department: (408) 885-4200
h. Santa Clara Valley Water District: (408) 265-2600
i. Department of Fish and Game: (831) 475-9065
TO THE SATFISFATION OF THE DIRECTOR OF PARKS &PUBLIC WORKS
Engineering Division
32. GRADING PERMIT. A grading permit is required for site grading and drainage. Thy
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 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.
33. DRIVEWAY MODIFICATION. The driveway design shall be modified to meet the
setback criteria specified by the Town's Consulting Arborist (refer to the report prepared
by Arbor Resources dated December 8, 2006) and shall conform to all Fire Department
criteria specified in condition 59. Trees #5 and 416 may be removed and mitigated if
necessary to preserve the other trees in the vicinity of the driveway.
34. PAD CERTIFICATION. A letter from a licensed land surveyor shall be provided stating
that the building foundation was constructed in accordance with the approved plans shall
be provided subsequent to foundation construction and prior to construction on the
structure. The pad certification shall address both vertical and horizontal foundation
placement.
35. 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 of the project
conditions of approval will be posted on site at all times during construction.
36. 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.
37. TREE REMOVAL. Copies of all necessary tree removal permits shall be provided prior
to issuance of a grading permit.
38. SOILS REPORT. One copy of the soils report shall 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
reports 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 of any 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 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. The developer shall pay a proportional the
project's share of transportation improvements needed to serve cumulative development
within the Town of Los Gatos. The fee amount will be based upon the Town Council
resolution in effect at the time the building permit is issued. The fee shall be paid before
issuance of a building permit. The traffic impact mitigation fee for this project using the
current fee schedule is $5,742. The final fee shall be calculated form the final plans using
the rate schedule in effect at the time the building permit is issued.
42. 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.
43. 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.
44. 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.
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:
a. Retaining wail--top of wall elevations and locations
b. Toe and top of cut and fill slopes
46. CONSTRUCTION STREET PARKING. No vehicle having a manufacturer'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 approval from
the Town Engineer 15.40.070).
47. EROSION CONTROL. Interim and final erosion control plans shall be prepared and
submitted to the Engineering -=Division of the Parks & Public Works Department. A
Notice of Intent (NOI) and Storm Water Pollution Prevention Plan (SWPPP) shall be
submitted to the San Francisco Bay Regional Water Quality Control Board for projects
disturbing more than one acre. A maximum of two weeks is allowed between clearing of
an area and stabilizing/building on an area if grading is allowed during the rainy season.
Interim erosion control measures, to be carried out during construction and before
installation of the final landscaping shall be included. Interim erosion control method
shall include, but are not limited to: silt fences, fiber rolls (with locations and details),
erosion control blankets, Town standard seeding specification, filter berms, check dams,
retention basins, etc. Provide erosion control measures as needed to protect downstream
water quality during winter months. The grading, drainage, erosion control plans and
SWPPP shall be in compliance with applicable measures contained in the amended
provisions C.3 and C.14 of Order No. R2-2005-0035 of the amended Santa Clara County
NPDES Permit.
48. 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.
49. SITE DRAINAGE. Rainwater leaders shall be discharged to splash blocks. No through
curb drains will be allowed.
50. NPDES. On-site drainage systems shall include a filtration device such as a bio-swale or
permeable pavement.
51. 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.
52. 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). All, new utility services shall be placed underground. Underground
conduit shall be provided for cable television service.
53. DRIVEWAY APPROACH. The developer shall install one (1) Town standard
residential approach. The new driveway approach shall be constructed per Town
Standard Details.
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54. 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. Deve' er shall request a walk-through with the
Engineering Construction Inspector before the start of construction to verify existing
conditions.
55. 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; 0 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.
56. 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.
57. CONSTRUCTION NOISE. Between the hours of 8:00 a.m. to 8:00 p.m., weekdays and
9:00 a.m. to 7:00 p.m. weekends and holidays, construction, alteration or repair activities
shall be allowed. No individual piece of equipment shall produce a noise level exceeding
eighty-five (85) dBA at twenty-five (25) feet. 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.
58. HAULING OF SOIL. Hauling of soil on or off-site shall not occur during the morning or
evening peak periods (between 7:00 a.m. and 9:00 a.m. and between 4:00 p.m. and 6:00
p.m.). Prior to the issuance of a building permit, the developer shall work with the Town
Building and Engineering Department Engineering Inspectors to devise a traffic control
plan to ensure safe' and efficient traffic flow under periods when soil is hauled on or off
the project site. This may include, but is not limited to provisions for the
developer/owner to place construction notification signs noting the dates and time of
construction' and hauling activities, or providing additional traffic control. Cover all .
trucks hauling soil, sand, and other loose debris or require all trucks to maintain at least
two feet of freeboard.
TO THE SATISFACTION OF THE SANTA CLARA COUNTY FIRE DEPARTMENT:
59. AUTOMATIC FIRE SPRINKLER SYSTEM. An approved automatic fire sprinkler
system is required, hydraulically designed per National Fire Protection Association
(NFPA) Standard #13. A State of California (C-16) 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.
60. REQUIRED FIRE FLOW. Required fire flow is 2,000 GPM at 20 psi. residual pressure.
61. FIRE APPARATUS (ENGINE) ACCESS DRIVEWAY REQUIRED. Provide an access
driveway with a paved all weather surface, a minimum unobstructed width of 12 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 D-l.
62. DRIVEWAY EASEMENT. Provide a copy of a recorded 'easement for the common
driveway approach.
63. EMERGENCY GATE/ACCESS GATE. Gate installations shall conform with Fire
Department Standard Details and Specification G-1 and when open shall not obstruct any
portion of the required width for emergency access roadways or driveways. Locks, if
provided, shall be Fire Department approved prior to installation. A minimum of 12 feet
of clearance shall be provided when the gate is in an open position.
64. PREMISE IDENTIFICATION. Approved addresses shall be placed on all new buildings
so they are clearly visible and legible from the street or road fronting the property.
Numbers shall be a minimum of four inches high and shall contrast with their
background.
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T.H.I.S.
DESIGN & DEVELOPMENT
Box 1518, Los Gatos, CA 95031
Fax: 408.354.1823 Tel: 408.354.1863
November 13"', 2006
110 E. Main Street
Los Gatos, CA 95032 _
Attn: Planning Department e
~y
New Construction at Lot #3: 100 Sienna Oaks k ' I
TC
Dear Planning Department: PLAi,'f : i .
Project Summary:
We are proposing to build a new two story house of slightly less than 4,000 sq ft on one of the
four lots in the Sienna Oaks subdivision on Reservoir Rd. The front of the house, facing
Reservoir Rd, will appear as an unassuming single story structure to be compatible with the 3
houses directly across from it. The house will step down the slope at the rear of the property.
The garage has been set into the hillside to reduce massing, and a cellar element of 730 sq ft
has been incorporated into the design. There is a pool at the rear, not visible from Reservoir Rd.
Six trees are proposed for removal; one of which is a fir tree, crowding an adjacent oak. It is
proposed to relocate several additional trees in the building footprint in an effort to retain as
many mature trees as possible.
Hillside Guidelines:
This project has been designed to be fully compliant with the Town of Los Gatos Hillside
Standards and Guidelines. [Please see: Compliance Checklist]. It is not visible from any viewing
platform. A 2 story home is proposed, at a maximum of 25' in height, stepped with the natural
grade, with overall height less than 35'. It has been designed with heavy articulation and large
eaves and detailing to promote shadowing. Reflectivity will be < 30%. Minimal grading will occur
outside the house and access footprints. Other areas have also been addressed and are noted.
Surrounding Neighborhood:
Reservoir Road comprises a wide range of newer homes, primarily stucco, ranging from
Mediterranean to contemporary with some traditional. There are a few older homes remaining,
but for the most part this street has been recently transformed. No neighbors are directly
affected by the project in terms of views, light, shadows etc. In fact, once complete, this
project will have no impact on the surrounding neighbors, and only a minimal impact on the
streetscape. The immediate neighbors have responded favorably to this proposal.
Architectural Styling:
The proposed architecture is California Mission/Mediterranean in a combination of stone at the
site & front/lower level walls and smooth trowel stucco. The design uses articulation, with full
timbering at the exposed eaves, belly band, cantilevers, recessed wood window & door details,
with copper gutters and downspouts and a Mission clay tile roof. The use of articulation will
provide shadowing, reduce glass reflection and direct sunlight/heat infiltration. The proposed
color is earth-tone with the color incorporated into the stucco.
Exhibit D
Driveway, Grading and Drainage:
As part of our due diligence and site planning process, we consulted with the immediate
neighbors on Reservoir Road. They expressed a preference that we not put an additional
driveway on Reservoir Road and that we use the existing driveway already in place opposite
Prospect Road. Accordingly this house will share an access from Reservoir Rd with Lot #2.
Removing the existing AC driveway at the front is proposed, replacing it with a new interlocking
paver semi-permeable driveway. The rock from the existing site wall along the driveway will be
salvaged and re-used in the proposed site walls. The driveway and guest parking is depressed
below the street grade by 5 ft and is 8 ft distant at the closest point. With modest native
screening it will not be noticed from the street.
This design approach has allowed us to remove the garage from the front of the house and
excavate it into the slope to reduce massing. In doing this, at the immediate entry to the
garage, we exceed the maximum preferred 'cut', but we feel that the resulting benefit in design
far outweighs the disadvantage. A short portion of the retaining wall at the garage entry
exceeds the preferred 'height', but faces away from the street and will not be seen from
elsewhere on the development.
The driveway will be graded to 15%. Excavated dirt from the driveway and pool will be retained
as fill on-site to reduce the off-haul [The neighbors have expressed an interest in reducing
heavy traffic on Reservoir Rd where possible]. The cut from the house and cellar will be off-
hauled from site. The remaining grading is minimal and will balance on site without changing the
natural drainage pattern of the site. Dissipaters and splash-blocks will be used.
House Location, Shadow Study and Streetscape:
The house is substantially compliant with the footprint approved with the Tentative Map and is
entirely within the building setbacks for the zoning. The required front setback is reduced
from 30 ft to 15 ft, because of the slope of the lot [P29.40.060], but in this site plan we show a
22'6" front building line, and only a portion of the porch and 3 ft of a guest bedroom extend
into the conventional 30' front setback. At the rear of the house, part of the game room and
covered porch extend beyond the already approved footprint, but no trees are impacted and
the grade is almost 20ft below street level, with no impact on the streetscape or neighborhood.
We have provided a shadow study which shows no impact on neighboring properties. Because of
the single story nature of the house, viewed from Reservoir Rd, we have not provided a
Streetscape. It would appear to serve no useful purpose for this project. In lieu of this, we have
provided dimensional renderings of the proposed home from various vantage points. Because the
home will be barely visible through the trees, we have rendered the trees opaque to aide in
understanding the presentation.
100 Reservoir Rd CONFIDENTIAL TAI,5. Design
l1w,um,
Trees:
The property is heavily wooded with the westmost a acre containing a grove of redwoods which
are proposed to be retained. The ivy below them will be removed by hand and replaced with
native ferns. Two young redwoods (T13,14) will be removed to make way for the driveway; three
additional redwoods (T22,27) and a Doug Fir (T29) are directly in the footprint of the
residence; one Doug Fir (T15) is crowding a Blue Oak that the owner wishes to feature.
Six trees are proposed for removal; one of which is a fir tree, crowding an adjacent oak. They
will be replaced with 6 24" box Coast Live Oaks.
No.
Arb.
Size
Type of Tree
Reason for Removal
T13
126
9"
Coast Redwood
Driveway
T14
84
ill,
Coast Redwood
Driveway
T15
85
19"
Doug Fir
Crowds Blue Oak (T16)
T22
87
15"
Coast Redwood
Residence
T27
89
27"
Coast Redwood
Residence
T29
92
22"
Doug Fir
Residence
It is proposed to relocate several additional trees in the building footprint in an effort to
retain as many mature trees as possible. This will occur in the winter period. These trees will be
receive soaker hoses subsequent to relocation and be surrounded with tree protective fencing.
No.
Arb.
Size
Type of Tree
Location for Relocation
T18
122
5"
Black Oak
Lower Yard Black Oak Grove
T19
83
10"
Live Oak
Right Side Yard for Screening
T20
123
9"
Black Oak
Lower Yard Black Oak Grove
T21
124
6"
Black Oak
Lower Yard Black Oak Grove
T23
88
14"
Blue Oak
Front Yard Blue Oak Grove
T26
New
4"
Live Oak
Right Side Yard for Screening
T28
New
4"
Live Oak
Right Side Yard for Screening
Timing:
The owners expect the Town's consulting architect and arborist to review this proposal, and
hope to respond to any questions that they or DRC raise.
Please call me at 4 -354-1833 if you have any questions.
Yours truly
T.H.I.5. Design & Development
per: A. T. Jeans
cc Von Kaenel.
100 Reservoir Rd CONFIDENTIAL T.H.I.5. Design
Hillside Development Standards & Guidelines; Compliance Checklist
Section Standards & Guidelines Compliance
This table contains a summary of the Town of Los Gatos'
" Hillside Development Standards and Guidelines
In the design of this project, great care has been taken to
ensure that maximum possible compliance has been achieved.
An explanation is provided where compliance is not achieved.
I Introduction
A
Vision Development must preserve the natural beauty of the hillsides
N/A
B
Overview Character, sensitivity & constraints for dept must be considered.
N/A
C
Goal Sustainable development preserving the natural environment
N/A
D
Applicability All HR and RC zoning districts and R1 with hillside sensitivity.
N/A
E
Objectives HDS&G implements Los Gatos' Vision for hillside development.
N/A
F
5&Gs Standards must be followed. Guidelines make recommendations.
N/A
G
Relationships Consider also General Plan, Zoning, Hillside Specific Plan etc.
N/A
H
Approval Scope of any hillside project determines its approval process.
N/A
II Co
nstraints Analysis & Site Selection
A
Prior to Building Site Selection
1 Constraints Analysis
X
2 Consultation with Neighbors
X
3 Pre-Application Meeting/Staff Consultation
X
B
View Analysis
1 Viewing Platforms
N/A
2 Determination of Significant Ridgelines
N/A
C
Selecting a Building Site
51 Locate Buildings within LRDA
X
A recommended development area was approved at subdivision.
The proposed structure is substantially compliant with this 'LRDA'
The building extends out of this area at the North with no impact.
52 Preserve Views of Highly Visible Hills
N/A
53 Reduce Visual Impact
X
54 Ridgeline View Protection
N/A
55 Preserve Natural Features
X
56 Avoid Hazardous Building Sites
X
57 Protect Riparian Corridors
N/A
58 Protect Wildlife
N/A
Gl Solar Orientation
0
The slope to the north of the terrain precludes good solar access.
G2 Impact on Adjacent Properties
X
G3 Minimize Grading
0
We, are requesting to leave Z75 yards of material on site so as to
reduce offhaul. This was requested by neighbors on Reservoir
Rd
in order to reduce truck trips on the street.
T.H.I.S. DESIGN - CONFIDENTIAL
Lot #3, Sienna Oaks
RECEIVED
OCT 1 S 2006
PLANNING ~S JS
VI SiON
Page 1
W&VIr
T~
Hillside Development Standards $ Guidelines: Compliance Checklist
Section
Standards 6 Guidelines Compliance
III Site Planning
A Grading "
51
Minimize Cut & Fill per Table
0
Fill could be reduced by 275 yards with more offhoul irSee 2C.631
52
Define Earthwork Quantities (Access/House/Cellar/Other)
x
53
Locate Buildings to Minimize Grading
x
54
No Strip Grading
x
55
Grade footprint/access/guest parking/turnaround only
0
Minor additional cut/fill at pool area f8a/anee material on site]
56
Restore to Original Topography
x
57
Utilize Contour Grading Techniques
x
58
Restore Vegetation at Cut/Fill Slopes
x
59
Erosion/Sediment Control Plan (Interim and Permanent)
0
This will be completed as part of building application.
510
Grading April - September
x
B Drai
nage
51
Runoff Dispersion On-Site
x
52
Upslope Drainage shall not Impact on Downslope Development
x
53
Preserve and Enhance Natural Drainage Courses
N/A
54
New Drainage Channels to be Naturalized (rock/vegetation]
0
Energy dissipators will be naturalized as Dry Streams in final plan.
GI
New Drainage Channels to be placed in less visible Locations
x
G2
Lining of Drainage Channels is Discouraged [bio-Swale]
x
G3
Dry Stream effects preferred over Undergrounding of Drainage.
x
C Driveways b Parking
S1
Locate Driveways to Reduce Grading
x
52
Driveways prior to Occupancy
x
53
Gates set back min 25' from street
x
54
Driveways to receive All Weather surface
x
55
Max Driveway Slope to be 15%
x
GI
Min (single house] Driveway width to be 12'
x
G2
Max Driveway length 300'. Turnaround area slope < 5%.
x
G3
Driveways min 20' apart or adjoining. Safe distance from Intersections
x
G4
Shared Driveways: encouraged to reduce grading and impervious
x
Note: Shared driveway entrance combined wAot #J.
G5
Driveways located/maintained to ensure good line-of-sight.
x
D Safety
Geol
ogic Hazards
S1
Site Specific Geologic Investigation may be Required.
N/A
52
Site Specific Geologic Investigation concerns to be addressed
N/A
Lot #3, Sienna Oaks
T.H.I.S. DESIGN - CONFIDENTIAL Page 2
Lot #3, Sienna Oaks
Hillside Development Standards & Guidelines: Compliance Checklist
Section
Standards d Guidelines Compliance
Fire
Hazards
51
Locate and Design Structures to minimize exposure to wildfires
X
Note. Exposed wood eave, soffitt and beam detailing is wood,
not stucco, for architectural reasons. In this location the fire risk
is deemed minimal and architectural design more significant.
52
Provide Landscape (Plan) to create defensible space around home
X
53
Provide adequate Fire Access
X
54
Ensure adequate water supply for fire prevention
X
55
Water suppression available and labeled for fire prior to framing
X
56
Above ground water storage tanks may not encroach into setbacks.
N/A
G1
Development should avoid areas subject to severe fire danger.
X
G2
Selectively reduce Fuel Load inside defensible space
X
G3
Ensure Fuel Sources are discontinuous.
X
G4
Landscape Defensible Space with fire prevention in mind.
X
G5
Minimize visibility of above ground water storage tanks.
N/A
IV Develop
ment Intensity
A Max
imum Allowable Development
1
Adjust Lot for Slope per Table
X
2
Verify Max Gross floor area < FAR
X
This structure is permitted 4,020 sq ft as PI-20, 4,300 hillside-
ne building has been designed to comply with R1-20 zoning.
Also the garage is substantially below grade to reduce massing.
8 Excl
usions
1
Cellars
X
2
Garages up to 400 sq ft
N/A
3
Stables that are not fully enclosed
N/A
4
Barns (size dependant on lot size: 500-2,500 ft.)
N/A
C Exceptions to maximum floor area
1
Will not be visible from established viewing platforms
N/A
2
No significant impact on trees, wildlife or movement corridors
N/A
3
Minimize grading area to accommodate buildings >FAR
N/A
4
All standards and applicable guidelines are being met
N/A
5
Compliance to Title 24 w/ margin of at least 10%
N/A
6
Pre-wire for future photovoltaic installation
N/A
7
A min of 25% of handscape mat. is permeable
N/A
8
Include cellar element unless conflicts w/other standards
N/A
9
No significant visual impact to neighboring properties
N/A
V. Architectural Design
A Des
ign Objectives SEE DESIGN 08JE=VE5 LETTER
01
Visually blends with natural environment
X
02
Responsive to site constrains & opportunities
X
03
Compatible with the neighborhood & respectful of neighbors
X
04
Respect of the, rural character of the hillside
X
T.H.I.S. DESIGN - CONFIDENTIAL Page 3
U
Hillside Development Standards $ Guidelines: Compliance Checklist
Section
Standards & Guidelines Compliance
B Design to be neighbor friendly SEE DESIGN OBJECTIVES LETTER
51
Study site lines: place windows & outdoor areas to maintain privacy
X
Gla
Minimize 2nd story windows facing close neighboring properties
X
No significant impact on LRDAs on neighboring properties
Glb
Orient windows, decks, & balconies to avoid privacy for neighbors
X
Glc
Screening: solid retaining walls, lattice work, planters: obscure sight lines
X
Gid
Limit decks & balconies to 6' depth in privacy areas.
X
Gle
Use landscaping to screen views to your neighbors
X
G1f
Existing vegetation that protects privacy should not be removed
X
Glg
Screen noise sources: parking, outdoor activity, mechanical, pool
X
Glh
Outdoor activity areas away from neighbors quiet areas (bedrooms)
X
C Design for 5ustainability
Si
None
GI
Energy conservation & water saving techniques above min req of Title 24
X
G2.a
<3,500 sf incorporate a variety of green building strategies + mat.
X
G2.b
>3,500 sf - incorporate additional energy + resource saving features
X
G3.a
Design for solar (space & water) & utilize natural cooling & lighting
X
G3.b Materials: use less natural resources; non-toxic; salvaged or reused.
X
D Desi
gn for fire safety
51
Structures shall be designed to maximize protections from wildfires
X
52
Roofs shall have a Class A covering or Class A roof assembly
X
53
Eaves & soffits: exposed underside - noncombustible or min 1-hr resist.
0
Adjacent walls are stucco to reduce fire transfer to building,
but extended eaves are wood for architecture and shadowing.
Siting and 30` buffer reduce need for non-combustible.
54
Gutters & downspouts: non combustible material
X
55
Exterior walls: - noncombustible or min 1-hr resist.
X
56
Under floor & deck: enclosed to grind - noncombustible or min 1-hr resist.
X
57
Attic + vents covered w/corrosion-resistant mesh not to exceed 1/4"
X
58
Automatic fire sprklr installed per National + Fire Depts Standards
X
59
Roof skylights shall be tempered or have multi-layered glazing
X
G1
Exterior windows should be tempered glass.
?
G2
Minimize windows on side of house exposed to an approaching fire
N/A
G3
Design roof eaves with minimal overhang for heat & flames
0
see V. D.53 for explanation.
E Buil
ding Height
51
Max height for hillside areas is 25 ft
X
52
Max overall height <35 ft.; <28 ft. if visible from viewing platform
X
53
Ridgeline & visible homes shall not exceed 18 feet above grade
N/A
54
Main level FF, excluding cellar, < 4 ft above existing grade
X
55
Three story elevations are prohibited
X
Lot #3, Sienna Oaks
T.H.I.S. DESIGN - CONFIDENTIAL Page 4
Lot #3, Sienna Oaks
Hillside Development Standards & Guidelines: Compliance Checklist
Section
Standards & Guidelines Compliance
F
Minimize building bulk & Mass
51 Minimize bulk, mass & volume, from distance or surrounding properties
X
52 Design to conform to natural topography of site & run w/contours.
X
G1.a Keep building forms simple
X
G1.b Avoid architectural styles that are viewed as massive & bulky
X
Gl.c Minimize square footage
X
Gl.d Minimize volume: avoid large volume buildings
X
Gl.e Avoid overhanging decks, staircases, & patios formed by retaining walls
X
Gl.f Step the building foundation & roofs with natural slope
X
Gl.g Use horizontal & vertical building components to reduce bulk.
X
Gl.h Create light & shadow w/ modest overhangs, project io ns,alcoves,offsets
X
Gl.i Vary elevations, stepping back second stories to conform with topo
X
Gl.j Use below grade rooms. Use landscape & grading to reduce bulk
X
Gl.l Use vaulted ceilings rather than high walls + attics to achieve 'volume'
X
G
Roofs
51 Small [roofs, lines, components] to reflect irregular natural features
X
S2 Slope of main roof to be oriented w/direction of natural terrain
X
G1 large gable ends on downhill elevations should be avoided
X
H
Architectural elements
51 Enclose w/ walls: ext struct. supports, under firs & decks
X
52 Skylights to reduce night glare. No glazing on large dome-style
X
Central skylight for interior light is hidden by parapet wall.
Skylights will not be visible from any realistic viewing loc'n.
53 Arch detailing on all sides.
X
GI Minimize large windows & glass doors to prevent glare
X
G2 Avoid massive, tall elements, 2-story entry, turrets, large chimneys
X
I
Materials & Color
S1 Minimize contrast between manmade buildings and environment
X
52 Exterior colors not to exceed reflectivity of 30 & blend w/vegetation
X
S3 Variety of dark earthtone roofs that blend w/the environment
X
54 Should use copper on exposed metal surfaces or a paintable surface
X
55 Contrasting color accents kept to a minimum
X
G1 Mat, textures, details used to mitigate visual impact of large wall areas
X
VI. Si
te Elements
A
Fences and Walls
51 Min use of walls & fences. Maintain open views, rural + natural char.
X
52 Fences & walls shall not exceed 6' in height
X
53 Solid fencing mat shall not be used unless needed for privacy
X
54 Deer fence max of 8' & limited to ornamental landscaping.
N/A
55 Fences not to impede movement of wildlife
N/A
56 Temp construction fencing limited to building envelope
X
T.H.I.S. DESIGN - CONFIDENTIAL Page 5
I
'J
{
I I
Hillside Development Standards dr Guidelines: Compliance Checklist
Section
Standards 6 Guidelines Compliance
Gl
Wood rail-type fences and gates preferred
0
Open style wrought iron gate proposed.
G2
Chain link fences strongly discouraged
X
G3
Chain link dark color, vinyl d supported with wood frame
N/A
G4
Open fencing located within 20 ft of property line adjacent to street
X
G5
Fences should follow topography
X
B Driveway Entries
51
Blend w/ natural environment & maintain rural character of hillside
X
52
Entry gate set back from edge of street 25'
X
53
Direct lighting at entries downwards d not visible from street
X
54
Display street address to be visible from street at driveway
X
55
SCC Fire Dept to approve electronic or locking entry gates
X
Gl
Entryway gates and fencing should be an open design
X
G2
Monumental entry gates are strongly discouraged
X
C Retaining Walls
51
Use to substantially reduce amount of grading
X
52
Use natural stone, stained concrete, or tex surface if visible from street
X
53
Retaining walls A planters setback; or buffer of 5' adjacent to street
X
54
RW blend w/natural topo, not run in straight direction >50'
X
55
Landscape adjacent to RW with native trees + shrubs to screen wall
X
56
RW constructed of permanent materials (stone, concrete, etc) not wood
X
D Outdoor Lighting
51
Outdoor lighting conform w/Town'Zoning Ordinance
X
52
Not visible/glare to neighbors, low level, directed downward
X
53
Unshaded or non-recessed spotlights are prohibited
X
54
Decorative only lighting prohibited. No uplighting of trees
X
55
Lighting for sports courts prohibited
X
Gl
Use of energy-efficient lighting is encouraged
X
62
Outdoor lights above 4' should use cutoff fixtures
X
E Acc
essory building, pools and sports courts
51
Accessory building have the same setbacks as main building
N/A
52
Acc. buildings integrated w/topo + use similar forms, colors,materials
N/A
53
No sports courts or pools on slopes greater than 30 percent
X
54
New caretaker units allowed when in compliance with the following:
N/A
54.a Necessary/desirable to provide maint. or services to property/facilities
N/A
541 The lot is large enough to support second living structure
N/A
54.
c Maximum floor area for caretaker unit - 900 sq ft
N/A
54.
d Architecturally compatible w/main structure
N/A
54.
e Lot is not part of a Planned Development
N/A
G
None
F Impervious Surfaces
5
None
Gl
Minimize impervious. Use pavers, natural stone in sand, decamp. granite
X
G2
Run off directed away from native trees and shrubs
X
T.H.I.S. DESIGN -CONFIDENTIAL
Lot #3, Sienna Oaks
Page 6
Lot #3. Sienna Oaks
Hillside bevelopment Standards & Guidelines: Compliance Checklist
Section
Standards & guidelines Compliance
VIZ Landscape Design
A Land
scape design concepts
51
Maintain natural appearance of hillsides
X
52
Design for fire safety. Min vertical clear 135 over acc, roads & drive
X
53
No formal landscaping, Use native species indigenous to immediate area
X
54
Formal gardens + turf areas limited to areas adjacent to house
X
55
Irrigation design to conserve & protect existing native vegetation
X
56
Plant selection: water conservation, fire resistant & erosion control
X
57
Plants > 30' from primary house indigenous for immediate natural habitat
X
Gl
Arrange in random, informal groupings. Blend with natural hillside
X
G2
Use to control exposure to sun and winds
N/A
G3
Use to control erosion, screen building, privacy, create shade
X
94
Minimize use of impervious surfaces - use decomp granite, pavers in sand
X
95
Avoid landscaping adjacent to street, driveway entrance, trails
X
G6
Plant trees & flammable vegetation 30' away from home
X
B Plant Material
51
Select native species that are adapted to climate & soil char, of site
X
52
Ornamental landscaping no more than 30' from residence. Discouraged
X
53
No spreading plant that will change the character of the hillside
X
54
Turf grass & high water using plants are prohibited
X
G1
Drought tolerant, water conserving, fire resistant, erosion control
X
G2
Adaptable to climate & soil conditions of site
X
G3
Trees & shrubs should be selected from Town's list
X
G4
Plants adjacent to street & visible from public areas - Use Town's list
X
G5
Native shrubs for large slope plantings
X
D Tree Preservation
51
Existing trees shall be preserved & protected
X
52
When trees may be mpacted by development, include tree info on plans
X
53
Visual impact of tree removal shall be submitted with plans
X
54
Pruning to be consistent w/ Best Management Practices
X
G1
No grading/constructing within drip line of an existing tree
X
G2
Limit pruning of existing trees
X
G3
Minimal pruning permitted for construction clearance
X
G4
Can remove branches up to 3" in dia for emergency situation
X
T.H.I.S. DESIGN - CONFIDENTIAL Page 7
i
RESERVOIR ROAD LOT 3 - PROJECT DATA
EXISTING
CONDITIONS
PROPOSED
PROJECT
REQUIRED/
PERMITTED
Zoning district
R-1:20
same
-
Land use
single family residence
same
-
General Plan Designation
low density residential
same
-
Lot size
• square feet
20,001
same
20,000 sq. ft. minimum
Exterior materials:
• siding
-
stucco, stone
-
• trim
-
wood, limestone
-
• windows
-
wood
-
• roofing
-
Mission tile (2 pc.)
-
Building floor area:
• first floor
-
1,440
-
• second floor
-
2,519
-
• garage
-
1,078
1,085 sq. ft. maximum
• cellar
-
730
-
. total (excluding cellar)
-
3,959
4,020 sq. ft. maximum
Setbacks (ft.):
• front
-
22'6"
15 feet minimum
• rear
-
28'
25 feet minimum
• side
-
15'
15 feet minimum
Maximum height (ft.)
-
25'
25 feet maximum
Average slope
-
17
-
Building coverage
-
40% maximum
Parking
garage spaces
-
2
two spaces minimum
uncovered spaces
-
2
Sewer or septic
-
sewer
-
Tree removals
-
6
canopy replacement
N:ODE V \S UZANNE\MISGIS FRda[a. wpd
EXHIBIT E
44-M ARBOR RESOURCES
Professional Arboricultural Consulting & Tree Care
A TREE INVENTORY AND REVIEW OF THE
PROPOSED NEW RESIDENCE AT
LOT 3, RESERVOIR ROAD (SIENNA OAKS)
LOS GATOS, CALIFORNIA
PROPERTY OWNER: Mark Von Kaenel & Dianna Robinson
APPLICANT: Tony Jeans, T.H.I.S. Design
APN: 529-31-041
ARCHITECTURE AND SITE APPLICATION S-07-021
Submitted to:
Suzanne Davis
Community Development Department
Town of Los Gatos
110 East Main Street
Los Gatos, CA 95031
Prepared by:
David L. Babby, RCA
ASCA Registered Consulting Arborist #399
ISA Certified Arborist #WE-4001A
December 8, 2006
P.O. Box 25295, San Mateo, California 94402 • Email: arborresources@comcast.net
Phone: 650.654.3351 • Fax: 650.240.0777 • Licensed Contractor #796763
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Exhibit G I{
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1
David G. Babby, Registered Consulting Arborist December 8, 2006
TABLE OF CONTENTS
SECTION TITLE PAGE
1.0. INTRODUCTION 1
2.0 TREE COUNT AND COMPOSITION I
3.0 SUITABILITY FOR TREE PRESERVATION 2
4.0 PROJECT REVIEW ........................................................3
5.0 RECOMMENDATIONS 4
5.1 Design Guidelines .......................................................4
5.2 Protection Measures Before and During Construction 8
EXHIBIT
EXHIBIT TITLE
A TREE INVENTORY TABLE
i
David L. Babby, Registered Consulting Arborist December 8. 2006
1.0 INTRODUCTION
I have been retained by the Town of Los Gatos Community Development Department to
review the potential tree impacts associated with a proposal to construct a new residence
on `Lot 3' of the Sienna Oaks subdivision along Reservoir Road, Los Gatos. This report
presents my analysis and recommendations.
The subject site is a vacant lot that slopes moderately downhill from Reservoir Road
towards the western property boundary, and contains a dense population of native trees of
varying size, species and condition. There is an existing asphalt driveway routed along the
top portion of the site, perpendicular to Reservoir Road.
Trees inventoried for this report are defined as "Protected"' and are situated either on the
subject site or have canopies overhanging the site from neighboring properties. Plans
reviewed for this report include the following prepared by T.H.I.S. Design and
Development and stamp dated 11/14/06: Sheets Tl, C1, C2, and Al thru A5.
2.0 TREE COUNT AND COMPOSITION
Twenty-eight trees of six various species were inventoried for this report. All are of
native origin and the following table identifies their name, number and percentage:
NAME
TREE NUMBERS
COUNT
PERCENT
OF TOTAL
Blue Oak
5, 16, 23, 30
4
14%
California Black Oak
2, 8-10, 17, 18, 20, 21
8
29%
California Black Walnut
la
1
4%
Coast Live Oak
1 b, 4, 11, 12, 19
5
18%
Coast Redwood
1, 3, 6, 13, 14, 22, 27, 30a
8
29%
Douglas-Fir
15,29
2
7%
Total 28 100%
1 Section 29.10.0960 of the Ordinance defines a "Protected Tree" on private property as being regulated and
having a trunk diameter of four inches and greater measured at three feet above grade.
Lot 3, Reservoir Road (Sienna Oaks), Los Gatos Page 1 of 10
Town of Los Gatos Community Development Department i4
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David L. Babby, Registered Consulting Arborist Decemhci S, 000
Specific data (e.g. diameter, height, canopy spread, condition, etc) recorded for each tree is
presented in Exhibit A (Tree Inventory Table). Please note that the information diftcrs
from that presented on Sheet C2.
The inventoried trees are numbered in accordance with Sheets C l and C2 and include the
following sequential order: #1, la, lb, 2-6, 8-23, 27, 29, 30 and 30a. Of these, # 1 a, t h
and 30a are not identified on the project plans. Their trunk locations, however, are shown
and the trees are located as follows: #la is located along the public-right-of-way and is
situated at the southwest property corner; #lb is located along the western boundary at the
`560.0' elevation mark; and #30a is located five feet northeast of the northern boundary,
approximately 24 feet cast of tree #29. All three trees are situated on neighboring
properties, have canopies overhanging the subject site, and pursuant to Section
29.10.0995(B) of the Ordinance, have been inventoried as they are subject to potential
damage to their roots and/or canopy during construction.
Sheets C 1 and C2 identify five trees that have trunk diameters less than four inches. They
are numbered on the plans as 7, 24-26 and 28, and due to their size, are not included in my
inventory. Of these, #24-26 and 28 appear to have been recently planted, possibly as part
of the subdivision approval. In such event, they are subsequently considered to be
regulated ((per Section 29.10.0960(4) of the Ordinance)) and must be protected at either
their current or relocated location (as plans indicate).
Tags were attached by others to the trees' trunks and correspond to numbers different than
those presented on the plans and this report. These tags and their corresponding tree
numbers are presented on both Sheet C2, as well as Exhibit A of this report. Please note
that many of these tags are missing.
3.0 SUITABILITY FOR TREE PRESERVATION
Each tree has been assigned either a "high," "moderate" or "low" suitability for
preservation rating based on its physiological health, structural integrity, location, size and
I
specie type. These ratings and applicable tree numbers are presented below; note that the
"high" category is comprised of nine trees (or 32-percent), the "moderate" category
twelve trees (or 43-percent), and the "low" category seven trees (or 25-percent).
Lot 3, Reservoir Road (Sienna Oaks), Los Gatos Page 1 of 10
Town of Los Gatos Community Development Department
David L. Babby, Registered Consulting Arborist December 8, 2006
High: Applies to trees #1, 3, 4, 6,8, 11 and 19-21. They have a high potential of
providing long-term contribution to the site, appear in good health, and contain
seemingly stable structures. These trees can be considered the most suitable for
retention and protection-
Moderate: Applies to trees #lb, 2, 4, 9, 10, 12, 14, 16-18, 22 and 23. These trees
appear worthy of retention; however, their longevity and contribution is less than those
of high suitability and more frequent care is needed during their remaining life span.
Low: Applies to trees #1a, 13, 15, 27, 29, 30 and 30a. These trees are in a poor and/or
declining condition and predisposed to irreparable health problems and/or structural
defects that are expected to worsen regardless of measures employed.
4.0 PROJECT REVIEW
Eleven of the inventoried trees are in direct conflict with the proposed design and include
#13-15, 18-23, 27 and 29. Of these, #13-15, 22, 27 and 29 are proposed for removal, and
#18-21 and 23 are proposed for relocation. Based on the trees' conditions and/or sizes, I
find the proposed course of action complies with the Town's Ordinance.
Regarding tree removals, replacements and/or payment to the Town Forestry Fund will be
necessary to mitigate for their loss. As for trees to be relocated, #18, 20 and 21 are
seemingly highly suitable for relocation, whereas #19 and 23 are questionable specimens
due to their location and/or asymmetrical canopy.
To fully establish the feasibility of relocating the aforementioned five trees, I recommend a
letter is prepared by an individual certified with the International Society of Arboriculture
(ISA) and submitted to the Town. The individual preparing the letter should be employed
by a professional tree company that is experienced and competent with relocating trees and
can perform the work. Additionally, given the project scope, trees to be relocated will
need to be boxed prior to any grading, as well as stored and maintained throughout
development. To achieve their survival, a plan will need to be formulated to determine
how this will occur and who will be hired to maintain them.
By implementation of the proposed design, an additional 10 trees will, at varying degrees,
become subject to premature decline and instability. They include #1, 4-6, 8, 11, 12, 16, 17
Lot 3, Reservoir Road (Sienna Oaks), Los Gatos Page 3 of 10
Town of Los Gatos Community Development Department
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David L. Babby, Registered Consulting Arborist Decc mher 8, 006
and 30. To minimize the impacts for promoting the tree's survival, revisions to the
grading and driveway design are essential and recommendations for doing so are presented
in the next section.
Tree #30 is a mature and large oak with a trunk diameter of 40 inches and a canopy that
spans about 60 feet across. Unfortunately, the tree is in a state of advanced and perpetual
decline, and its continued decline appears imminent. There is also an extensive amount of
massive cavities throughout the tree's lower 10 feet, a factor that predisposes the tree to
limb or whole tree failure at anytime. Based on its location, the northwest section of its
canopy will overhang the future home and walkways, and the western section overhangs
Reservoir Road. When considering this information and the tree's hazardous condition, I
recommend the property owner be given the option to remove or retain it (and not
provisioned to mitigate for its loss due to its `hazardous condition').
The proposed locations for new and relocated trees should be regarded as conceptual only.
In most instances, the distances from the retaining wall or staircases are not sufficient to
feasibly accommodate the root balls of the relocated and/or new trees. Additionally, if the
trees were planted immediately adjacent to hardscape, the hardscape would become
predisposed to being damaged in the foreseeable future, thus resulting in a cause for
potentially removing the adjacent tree. To avoid this from occurring, the species selection
and tree placement must be carefully chosen to consider a long-term management approach
that accommodates tree growth without problematic damage or conflicts arising in the
future. Recommendations are presented in Section 5.1 to help address these concerns.
5.0 RECOMMENDATIONS
The recommendations presented within this section are based on plans reviewed and serve
as guidelines to achieve adequate tree protection and compliance with the Town's
Ordinance. They should be carefully followed and incorporated into development plans,
and are subject to revision upon reviewing any additional or revised plans.
5.1 Design Guidelines
The numbers assigned to trees #la, lb and 30a should be shown on Sheets Cl and C2.
Additionally, their canopy dimensions should also be shown (the approximate diameter
of their canopies is presented in Exhibit A).
Lot 3, Reservoir Road (Sienna Oaks), Los Gatos Page 4 of 10
Town of Los Gatos Community Development Department
David L. Babby, Registered Consulting Arborist December 8, 2006
2. The proposed grading and `driveway design requires revision to achieve the following
minimum setbacks from the trees' trunks2 for any grading (soil fill or verticaU
horizontal soil cuts) and trenching (the setbacks apply to all directions where
development is proposed on the plans):
a. Tree #1: 15 feet
b. Trees #4 and 5: 10 feet
c. Tree #6: 12 feet
d. Tree #8: 5 feet
e. Tree #11: 8 feet
f. Tree #12: 4 feet
g. "Tree #16: 10 feet northeast (towards home), 10 feet northwest (downhill), 10 feet
southwest (towards tree #15), and 20 feet southeast (towards existing driveway).
3. To achieve the above setbacks, overcut/overbuild and soil disturbance beneath the
canopies of retained trees must not exceed 24 inches beyond the foundation, retaining
walls and basement (including lightwells). To achieve the northeast setback from tree
#16's trunk, as well as maintain the maximum setback from tree #30's trunk (if tree
#30 is retained), soil nailing and shotcrete construction will be necessary and should be
specified on Sheet C I.
4. The section of future driveway within the setbacks will require being established in a
manner that requires no vertical soil cuts and the entire driveway (including base
materials, curb, edging and forms) are established entirely on top of existing soil grade
(i.e. a no-dig design). I recommend sections of the driveway are shown on a plan to
illustrate this occurrence. Please note that the proposed interlocking pavers typically
require an 18- to 24-inch soil cut for the base materials; subsequently, the materials
may need to be modified to avoid the significant cut.
5. The drainage design for the project, including downspouts, must not require water
being discharged beneath or towards the canopies of retained trees. To achieve this,
the discharge areas proposed beneath tree #16 and 17's canopy must be revised.
6. The proposed gate should be redesigned to be at least three feet from tree #1's trunk.
Additionally, the two columns proposed for installation nearest to the trunk should be
z References to distances from a tree's trunk are meant to refer from the face or closest edge of trunk.
Lot 3, Reservoir Road (Sienna Oaks), Los Gatos Page 5 of 10
Town of Los Gatos Community Development Department
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David L. Babby, Registered Consulting Arborist December N, 2006
established entirely on top of existing soil grade with no more than a four-inch soil cut.
Due to the trees' large size and proximity of the columns, vertical drilling should not
occur to avoid major support roots being encountered and damaged.
7. All future walkways proposed beneath the trees' canopies should be established on top
of existing soil grade with no more than a four-inch vertical soil cut, to include base
materials, edging and forms. Additionally, the soil surface should not be compacted;
the base materials can be but should not exceed 80-percent density. To help achieve
these compaction requirements, TensarOO BX Geogrid (www.tensarcorp.com) can be
placed on the soil surface (including on soft and weak soils), pinned down, and
overlaid with a minimal amount of aggregate base material.
8. Per Section 29.10.1000(C.1) of the Ordinance, a copy of this report should be
incorporated into the final set of project plans, titled Sheet T-1 (Tree Protection
Instructions), and referenced on Sheets C 1 and C2, which should show a note referring
the reader to Sheet T-1 for tree protection measures.
9. The table on Sheet C2 should be omitted and a note added to the sheet that refers
readers to Exhibit B of my report (to be shown on Sheet T-1) for a listing of tree
species, size and condition. Trees not included in my inventory but described on Sheet
C2 (e.g. new trees and small, existing trees) should remain on the Sheet.
10. Mitigation is necessary to compensate for the loss of trees removed. Pursuant to
Section 29.10.0985 of the Town Code, this shall be determined by the Parks and Public
Works Department. All new trees shall be planted prior to final inspection. They must
be double-staked with rubber tree ties and all forms of irrigation shall be of an
automatic drip or soaker hose system placed on the soil surface and not in a sleeve.
11. To verify that all trees proposed for relocation can be feasibly moved by a professional
tree moving company, I recommend a letter is prepared by an ISA Certified Arborist
and documents [1] whether the trees can be successfully relocated, and [2] a plan
regarding how, when and where the trees will be boxed, stored and maintained
throughout development and beyond so their successful survival can be achieved. The
letter should be submitted to the Town for review prior to project approval.
Lot 3, Reservoir Road (Sienna Oaks). Los Gatos Page 6 of 10
Town of Los Gatos Community Development Department
David L. Babby, Registered Consulting Arborist December 8, 2006
12. All work regarding relocation must be performed by a tree company experienced and
competent with relocating trees and under the supervision of an ISA Certified Arborist.
All recommendations presented by the company shall be followed and, to supply the
necessary water for at least a two- to three-year period, an automatic irrigation system
connected to a timer must be installed prior to final inspection.
13. The project arborist3 (see Section 5.2) should be retained by the applicant or owner to
help identify suitable locations for all new and transplanted trees, as well as the future
planting and irrigation design. The final landscape plans (both planting and irrigation)
submitted to the Town shall be supported by the project aborist.
14. The installation of erosion control measures (e.g. silt fencing and/or straw wattles)
should not require trenching where installed beneath the trees' canopies. It may be best
to install the silt fence or wattle against or on the uphill side of tree protection fencing
(see Section 5.2).
15. The future landscape design should incorporate the following guidelines:
a. Turf and plant material should be avoided beneath a tree's canopy. If installed,
they must be drought-tolerant and comprise no more than 15-percent of the area
beneath a tree's canopy.
b. Any trenching for irrigation, lighting or drainage should be designed beyond the
trees' canopies. If irrigation lines or electrical lines for lighting are designed inside
this distance, the trenches should be in a radial direction to the trunks and
established no closer than five times the diameter of the nearest trunk; if this is not
possible, the lines can be placed on top of existing soil grade and covered with
wood chips or other mulch.
c. Irrigation should not be sprayed beneath canopies. Irrigation for new plant material
should be of a drip-type system.
d. Stones, mulch or other landscape features should be at least one-foot from the
trunks of retained trees and not be in contact with the trunks of new trees.
e. Tilling beneath the canopies should be avoided, including for weed control.
f. Bender board or other edging material proposed beneath the trees' canopies should
be established on top of existing soil grade.
3 Refers to an individual certified by the ISA and/or a member of the American Society of Consulting
Arborists (ASCA).
Lot 3, Reservoir Road (Sienna Oaks), Los Gatos Page 7 of 10
Town of Los Gatos Community Development Department E
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David L. Babhy, Registered Consulting Arborist Decenrher R, 2000
5.2 Protection Measures before and during Construction
16. At least two weeks prior to any grading or site clearing work, an on-site pre-
construction meeting should be held with the project arborist, project manager and/or
superintendent to mark trees to be removed, discuss work procedures, protection
fencing locations, limits of grading, staging areas, routes of access, mulching, watering,
washout pits and other items regarding mitigation.
17. The approved limits of grading should be staked prior to the pre-construction meeting.
18. Tree protective fencing shall be installed prior to any grading, surface scraping or
heavy equipment arriving on site and its precise location must be determined and its
placement approved by the project arborist (in the form of a letter submitted to the
Town) prior to the issuance of any grading or construction permit. It shall be
comprised of six-foot high chain link mounted on eight-foot tall, two-inch diameter
steel posts that are driven 24 inches into the ground and spaced no more than 10 feet
apart. Once established, the fencing must remain undisturbed and be maintained
throughout construction until final inspection. Please note fencing beneath a tree's
canopy should be established no more than six feet from the home's foundation, two
feet from an existing or proposed hardscape edge, and two feet from a future wall.
19. Unless otherwise approved, all development activities must be conducted outside the
fenced areas (even after fencing is removed) and off unpaved areas beneath the
canopies of Ordinance-size trees inventoried and not inventoried for this report. These
activities include, but are not limited to, the following: grading, stripping of topsoil,
trenching, equipment cleaning, stockpiling/dumping of materials, and
equipment/vehicle operation and parking.
20. The following shall be displayed on 8.5- by 11-inch signs (minimum) and attached to
the fencing every 50 feet on the side facing construction activities: "Warning - Tree
Protection Zone - this fence shall not be removed. Violators are subject to a penalty
according to Town Code 29.10.1025." These signs should be posted prior to grading
commencing.
21. Prior to commencing demolition, I recommend a four-inch layer of coarse wood chips
(t/4- to 3/4- inch in size) is manually spread on unpaved soil within the designated fenced
areas. Wood chips must not be placed against the trees' trunks, remain throughout
Lot 3, Reservoir Road (Sienna Oaks), Los Gatos Page 8 of 10
Town of Los Gatos Community Development Department
David L. Babby, Registered Consulting Arborist December 8, 2006
construction, and spread over any existing leaf litter (mulch). The project arborist shall
be consulted as to the specific placement of wood chips.
22. The existing driveway (or sections thereof) should remain intact throughout
development and only removed within 24 hours of installing the new driveway. By
doing so, a suitable route of access can be utilized while effectively protecting the root
zones of retained trees. Upon the existing driveway being removed, it shall be
performed carefully to avoid excavating soil and roots during the process, and all
equipment used to perform the work should remain off unpaved areas (unless
otherwise approved by the project arborist).
23. Any approved activity required beneath a tree's canopy (within and beyond the
designated fenced areas) must be performed under direction by the project arborist.
The project arborist should also be retained to perform monthly site visits for ensuring
compliance to tree protection measures.
24. Any approved digging or trenching beneath a canopy shall be manually performed. In
the event roots of two inches and greater are encountered during the process, the
project arborist shall be consulted for appropriate action.
25. The location of any posts for the perimeter fence beneath canopies shall be reviewed
and authorized by the project arborist prior to digging. At the discretion of the project
arborist, all digging beneath a tree's canopy should be performed using a post-hole
digger and roots of two inches and greater not damaged during the process.
26. All existing, unused lines or pipes beneath the canopies of retained trees 5:iould be
abandoned and cut off at existing soil grade.
27. Each recommendation that is presented within Section 5.1 of this report and is
applicable to the actual development of the site shall be followed.
28. The removal of ivy, plants or shrubs beneath the canopy of a retained tree should be
manually performed with great care taken to avoid excavating soil during the process.
Large shrubs should be cut to grade. Note that the ivy should be manually removed off
and two feet from the trunks of retained trees.
Lot 3, Reservoir Road (Sienna Oaks), Los Gatos Page 9 of 10
Town of Los Gatos Community Development Department
j
David L. Babby, Registered Consulting Arborist December R, 000
29. Throughout development, water should be supplied to the retained trees; the project
arborist shall determine the specific trees, intervals, amounts and application methods.
30. The pruning and removal of trees shall be performed under the supervision of an ISA
Certified Arborist and according to ISA Standards (not performed by construction
personnel). To minimize the risk of damage occurring or conflicts arising during
construction, I recommend pruning occur prior to grading commencing. Any tree
stumps being removed beneath or near canopies of retained trees should be ground
below grade rather than pulled up with an excavator.
31. All equipment shall be positioned to avoid.the trunks and branches of trees. Where a
conflict arises, the project arborist must be contacted to help address the situation.
32. The disposal of harmful products (such as chemicals, oil and gasoline) is prohibited
beneath canopies or anywhere on site that allows drainage beneath canopies.
Herbicides should not be used beneath the trees' canopies. Where used on site, they
should be labeled for safe use near trees.
Lot 3, Reservoir Road (Sienna Oaks), Los Gatos Page 10 of 10
Town of Los Gatos Community Development Department
David L. Babby, Registered Consulting Arborist December 8, 2006
EXHIBIT A:
TREE INVENTORY TABLE
Lot 3, Reservoir Road (Sienna Oaks), Los Gatos
Town of Los Gatos Community Development Department
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TREE INVENTORY TABLE
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Coast Redwood I 7~
1 75 (Se zroiasem ervirens) 34.5 110 45 101% 75% Good High 2
Comments:
California Black Walnut
1a (Juglans hindsii) I 1 35 30 50% 50% Fair Low 3 X
Comments: Trunk is covered by ivy. Mistletoe in canopy. Street tree.
Coast Live Oak
lb (Quercus agrifolia) 17 25 40 50% 75% Fair Moderate 3 X
Comments: Significant dieback in canopy. Likely caused by extensive soil compaction and root damage
beneath canopy. Significant limb cut from south side of trunk.
California Black Oak
2 78 (Quercus kello ii) 28 55 70 50% 50% Fair Moderate 3
Comments: Large deadwood throughout canopy. Large wound on west side of trunk. Large cavity on
northeast side of trunk at about seven feet high. Internal inspection encouraged.
Coast Redwood
3 76 (Sequoiasempervirens) 32 70 45 T100% 50% Good High 4
Comments: Two trunks originate from main trunk at about 30 feet high. The smaller of the two should be
reduced in height to lessen the risk of one or both failing.
Coast Live Oak
4 80 (Quercus agrifolia) 15 25 45 75% 75% Good High t
Comments:
Blue Oak
5
70
(Quercus douglasii)
16.5
30
30
50%
50%
Fair
Moderate
1
Comments: Has two dead, low-growing limbs. Their removal, which should occur, will leave the only other
remaining limb, which is well-balanced and will adequately provide the tree's structure.
Coast Redwood
7
6
77
(Sequoiasempervirens)
23.5
70
30
75%
75%
Good
High
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Comments: Tree is in a stressed state and should be supplied with supplemental water during the dry
months.
California Black Oak
8
81
(Quercus kello gii)
10
30
30
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75%
Good
High
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Comments:
California Black Oak
9
114
(Quercus kello ii
5
25
10
75%
50%
Fair
Moderate
4
Comments:
Site. Reservoir Road (Lot 3), Los Gatos
Prepared for. Town of Los Gatos Comm. Develop. Depart.
Prepared by: David L. Babby, RCA 1 of 3 December 8, 2006
TREE INVENTORY TABLE
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California Black Oak ~
10 120 (Quercus kello ii) 7 35 10 100% 50% Good Moderate 4 F
Coast Live Oak
11 82 (Quercus agrifolia) 12.5 30 20 100% 50% Good High I
Comments:
Coast Live Oak
12 125 (Quercus agrifolia) 4 20 10 75% 50% Fair Moderate 1
Comments: Asymmetrical canopy and not suitable for relocation.
Coast Redwood
13 126 (Sequoia sem ervirens) 8.5 25 15 50% 25% Poor Low X
Comments:
Coast Redwood
14 84 (Sequoia sem ervirens) 13.5 30 20 50% 75% Fair Moderate X
Comments: Sparse canopy and branch dieback throughout canopy.
. Douglas-Fir
15 85 (Pseudotsuga menziesii) 18.5 55 30 50% 75% Fair Low X
Comments: Tree appears in a declining and stressed condition. Its proposed removal will provide minir
benefit to the growth of tree #16.
Blue Oak
16 86 (Quercus douglas23.5 30 45 75% 50% Fair Moderate 1
Comments: Asymmetrical canopy; spreads about 35 feet towards road.
California Black Oak
17 121 (Quercus kello ii) 5 20 15 75% 50% Fair Moderate 2 1 - -T
Comments:
California Black Oak
18 122 (Quercus kelloggii) 7 20 15 100% 50% Good Moderate X
Comments: Proposed and suitable for relocation. Its new location too close to wall.
Coast Live Oak
19 83 (Quercus agrifolia) 12.5 20 20 75% 75% Good High X
Comments: Asymmetrical canopy. Proposed and semi-suitable for relocation.
Site: Reservoir Road (Lot 3), Los Gatos
Prepared for: Town of Los Gatos Comm. Develop. Depart.
Prepared by: David L. flabby, RCA 2 of 3
December 8, 2006
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California Black Oak
20
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(Quercus kello gii)
9
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100%
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Good
High
X
Comments: Two-trunk tree. Proposed and suitable for relocation.
California Black Oak -
21 124 (Quercus kelloggii) 7 25 15 100% 100% Good High X
Comments: Proposed and suitable for relocation.
Coast Redwood -
22 87 (Sequoia sempervirens) 12 25 15 50% 75% Fair Moderate X
Comments:
Blue Oak
23 88 (Quercus dou lash) 12.5 30 30 75% 50% Fair Moderate X
Comments: Proposed for relocation but the feasibility for this is questionable due to its close proximity
tree #27's trunk at onl six feet away.
Coast Redwood
27 89 (Sequoia sempervirens) 21 40 35 25% 75% Fair Low X
Comments: Tree has severely declined and appears beyond recovery.
Douglas-Fir
29 92 (Pseudotsuga menziesii) 19.5 45 25 25% 50% Poor Low X
Comments: Tree is dying and its demise appears imminent in the near future. _1 i
Blue Oak
30 90 (Quercus dou lasii } 40 40 60 50% 25% Poor Low 1 -
Comments: Major cavities throughout lower 10 feet of trunk. The decay is so extensive that the tree is <
severe risk of failure and should be removed. Canopy is sparse and in a state of decline.
Coast Redwood
30a (Sequoia sem ervirens) -14 35 25 50% 25% Poor Low 3 - X
Comments: Decay column along trunk.
Site: Reservoir Road (Lot 3), Los Gatos
Prepared for. Town of Los Gatos Comm. Develop. Depart.
Prepared by: David L. Babby, RCA 3 of 3
December 8, 2006
CONDITIONS OF APPROVAL FOR THE ARCHITECTURE AND SITE
APPLICATION
Reservoir Road
Architecture and Site Application S-01-77
Negative Declaration ND-01-11
Requesting approval of plans to remove the existing reservoir and facilities and a four lot
subdivision on property zoned R-1:20. No significant environmental impacts have been
identified as a result of this project and a Mitigated Negative Declaration is recommended.
PROPERTY OWNER/APPLICANT: San Jose Water Company
TO THE SATISFACTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT
(Planning Section):
1. APPROVAL EXPIRATION: Zoning approval will expire two years from the approval date
pursuant to Section 29.20.320 of the Town Code, unless the application is vested.
2. 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 LLL in the report to the Planning Commission dated June 18, 2003. However, a
maximum of 4,000 cubic yards of fill is approved as illustrated in Attachment 44 of the Town
Council Report dated December 1, 2003. Any minor changes or modifications made to the
approved plans are subject to review and approval by the Director of Community Development
other changes will be approved by the Planning Commission or Town Council, depending on the
scope of the change(s). Any change that will result in the import of fill exceeding 4,000 cubic
yards will require Town Council approval.
3. TREE REMOVAL PERMIT: A Tree Removal Permit shall be obtained for any trees proposed
for removal prior to the issuance of a Building or Encroachment Permit.
4. *MITIC ATION# I (AESTHETICS): Subsequent to reservoir removal and prior to acceptance of
the subdivision improvements, landscape trees and shrubs shall be planted along the site
perimeter to allow landscaping to mature prior to future home development. This would help
maximize visual screening of new homes when they are ultimately constructed. The selection
and location of landscape trees and shrubs shall be subject to review and approval by the Town
as part of the tree removal process, not future Architecture and Site approvals for individual
homes.
5. REPLACEMENT TREES: 24" box trees shall be planted for mitigation unless other sizes are
deemed appropriate by the Consulting Arborist and the Director of Community Development.
6. *MITIGATION #3(BIOLOGICAL RESOURCES): The project applicant (as part of the Tree
Removal Permit application) and future homeowners (as part of future Architecture and Site
review for each home) shall be required to replace trees that are proposed to be removed with
native tree species and also include planting of native understory species to increase habitat value
of the site.
7. *MITIGATION #4(BIOLOGICAL RESOURCES): During construction of the proposed project
and future homes, all 18 recommendations contained in the report by Barrie D. Coate and
Associates (dated November 5, 2001) for the proposed project (included in Attachment 2 of the
Exhibit H
Reservoir Road/ S-01-77, ND-01-11
Page 2
Initial Study) shall be required in order to minimize potential damage to trees that are proposed
to be retained. These recommendations shall be supplemented and revised as per the Town
Arborist's recommendations (included in Attachment 2 of the Initial Study).
8. *MITIGATION 45(BIOLOGICAL RESOURCES): To minimize the potential for damage to
trees that are proposed to be retained, tree protection zones shall be established around trees
identified by Barrie D. Coate and Associates 9dated June 27, 2002) with setback clearances also
specified in that report (included as Attachment 2 of the Initial Study). Project construction as
well as future home design and construction shall avoid these zones.
9. *MITIGATION 46(CULTURAL RESOURCES): Demolition of the reservoir shall be monitored
by a qualified historical consultant to study the history of the construction and profile the basin
soils.
10. *MITIGATION #7(CULTURAL RESOURCES): Photodocumentation shall be conducted as the
cover is removed and the framework is dismantled. This written and photographic record of
construction techniques should be placed in the Los Gatos History Museum.
11. *MITIGATION #8(CULTURAL RESOURCES): The rock walls and stairway shall be preserved
for possible incorporation into future residential development. Where the walls are in disrepair,
the remnants shall be incorporated into future landscaping or be made into an element for an
entryway into the subdivision.
12. *MITIGATION #12(HAZARDS AND HAZARDOUS MATERIALS): After the existing
reservoir is removed, soils below the reservoir shall be tested for the presence of chlorine or
chlorine byproducts. These soils shall be tested prior to the commencement of the fill operation
and remediated as necessary.
13. COMMUNITY BENEFIT. The applicant shall enter into an agreement with the Town for
provision of the community benefits being offered with the project (Removing an attractive
nuisance; Improve fire infrastructure; Improve Sanitary sewer infrastructure; and Improve storm
drainage infrastructure; and Traffic controls). The agreement shall include details on the timing
and implementation of each item and shall be approved by the Town Attorney and the Director
of Community Development prior to issuance of any building permits for the project.
14. DEMOLITION AND FILL OPERATIONS: The demolition of the existing reservoir and the fill/
reclamation operation shall be divided into two separate components.
15. NOTIFICATION: The neighbors and merchants along the entire truck route shall be notified at
least 30 days in advance of both the demolition and fill operations. The neighbors and merchants
shall be notified three separate times 30, 20, and 10 days prior to the beginning of both the
demolition and fill operations.
16. TREE #90: Reasonable efforts shall be made to save this tree until the future Architecture and
Site application for Lot 3 is filed, at which time the tree will be re-evaluated by the Town's
Consulting Arborist. Final disposition of this tree shall be made by the Planning Commission
or Town Council during the Architecture and Site application review for Lot 3.
(Building, Department):
17. PERMITS REQUIRED: A demolition permit shall be required for each structure to be
removed.
18. CONSTRUCTION PLANS: The Conditions of Approval shall be stated in full on the cover
Reservoir Road / S-01-77, ND-O1-11
Page 3
sheet of construction plan submitted for building permit.
19. SIZE OF PLANS: The maximum size of construction plans submitted for building permits shall
be 24 in. X 36 in.
20. PLANS: The construction plans for this project shall be prepared under direct supervision of a
licensed architect or engineer. (Business and Professionals Code Section 5538)
21. DEMOLITION REQUIREMENTS: Contact Bay Area Air Quality Management District (415-
771-6000) and complete their process as necessary before obtaining a building permit for
demolition of such work from the Town Building Division/. As part of the permit application
process two (2) site plans shall be provided to include all existing structures, existing utility
service lines such as water, sewer and P.G. & E.
22. SPECIAL INSPECTIONS: When a special inspection is required by UBC Section 1701, the
architect or engineer of record shall prepare an inspection program that shall be submitted to the
Building Official for approval prior to issuance of the Building Permits, in accordance with
UBC Section 106.3.5. Please obtain Town Special Inspection form from the Building
Department Service Counter. The Town Special Inspection schedule shall be blue-lined on the
construction plans.
TO THE SATISFACTION OF THE DIRECTOR OF PARKS AND PUBLIC WORKS:
(Engineering Division):
23. DEVELOPMENT AGREEMENT. The Applicant shall enter an agreement to construct public
improvements in accordance with Town Code §24.40.020.
24. 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.
25. PUBLIC IMPROVEMENT SECURITY. The applicant shall supply suitable securities for all
public improvements that are a part of the development in a form acceptable to the Town in the
amount of 100% (performance) and 100% (labor and material) prior to issuance of any permit.
Applicant shall provide two (2) copies of documents verifying the cost of the public
improvements to the satisfaction of the Engineering Division of the Parks and Public Works
Department.
26. PRIVATE IMPROVEMENT SECURITY. The applicant shall supply suitable securities for all
private site improvements that are a part of the development in a form acceptable to the Town
in the amount of 100% (performance) and 100% (labor and material) prior to issuance of any
permit. Applicant shall provide two (2) copies of documents verifying the cost of the private
improvements to the satisfaction of the Engineering Division of the Parks and Public Works
Department.
27. INSURANCE. One million dollars ($1,000,000) of liability insurance holding the Town
harmless shall be provided in a format acceptable to the Town Attorney before recordation of
the Final Map.
28. 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 of Certificate of Occupancy is made. The fee
Reservoir Road / 5-01-77, ND-O1-11
Page 4
shall be paid before issuance of the Certificate of Occupancy. The traffic impact mitigation fee
for this project using the current fee schedule is $5,730 per house. 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 of Occupancy.
29, 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.
30. INSPECTION FEES. Inspection fees shall be deposited with the Town prior to issuance of any
Permit or recordation of the Final Map.
31. PARCEL MAP. A parcel map shall be recorded prior to issuance of any permit. Two copies of
the parcel map shall be submitted to the Engineering Division of the Parks & Public Works
Department for review and approval. Submittal shall include closure calculations, title reports,
all backup documents and appropriate fee.
32. DEDICATIONS. The following shall be dedicated on the parcel map. The dedication shall be
recorded before any permits are issued.
1. Reservoir Road. A 20-foot half-street right-of-way.
2. Public Service Easement (PSE). Ten (10) feet wide, next to the new street right-of-
way and the Reservoir Road right-of-way.
3. Ingress-egress, storm drainage, overland release, and sanitary sewer easements, as
required.
33. PRIVATE EASEMENTS. Agreements detailing rights, limitations, and responsibilities of
involved parties shall accompany each private easement. The easements and associated
agreements shall be recorded simultaneously with the final map.
34. PUBLIC IMPROVEMENTS. The Applicant shall install the following improvements. Plans
for those improvements shall be prepared by a California registered civil engineer, reviewed and
approved by the Town, and guaranteed by contract, Faithful Performance Security and Labor &
Materials Security before the issuance of a building permit or the recordation of a map. The
improvements must be completed and accepted by the Town before a Certificate of Occupancy
for any new building can be issued.
1. Reservoir Road. Curb, storm drain, storm drain inlets, street lights, and energy dissipater as
required. The Engineering Division of the Parks and Public Works Department shall
determine improvement limits. Improvements shall be provided at the intersection of
Reservoir Road and Prospect Avenue to insure that the public right of way overland release
remains in the right of way. No overland release through the project site will be allowed.
The applicant shall also remove existing lights from power poles and provide Town standard
lights on the opposite side of the street.
Note: Rolled curb and gutter shall be provided rather than vertical curb wherever feasible.
No sidewalk shall be provided.
35. UTILITY SERVICE. The Applicant shall submit letters from all project utility service providers
stating their willingness to serve the project and their approval of easements and maintenance
access prior to recordation of a Final Map. This shall include West Valley Sanitary District's
iReservoir Road/ S-01-77, ND-01-11
Page 5
approval of the line relocated out of the 10 Reservoir Road property in accordance with
Alternative F as referenced in the Council report for the meeting on December 1, 2003.
36. GRADING PERMIT. Multiple grading permits are required. The initial permit shall address
rough grading for both the public street and private lots. Subsequent permits shall address fine
grading of the private lots. Separate grading permit applications (independent of Building
Permits) shall be made to the Engineering Division of the Parks & Public Works Department.
Grading plans shall include final grading, drainage retaining wall location, driveway, utilities and
interim erosion control. Unless specifically allowed by the Director of Parks and Public Works,
the grading permit will be issued concurrently with the building permit. Retaining wall
construction requires a Building Permit.
37. *MITIGATION #9(GEOLOGY AND SOILS): The project design shall incorporate all
applicable recommendations in ENGEO's geotechnical investigations (September, 2001; May,
2002) for the proposed project (included as Attachment 3 of the Initial Study) in order to
minimize the potential impacts resulting from regional seismic activity and soil engineering
constraints. Prior to the issuance of permit(s), ENGEO shall review the final plans to ensure that
designs for foundations, retaining walls, site grading, and site drainage are in accordance with
their recommendations, and provide a plan review letter to the Town.
38. *MITIGATION #I O(GEOLOGY AND SOILS): If oversteepened, undocumented fill slopes of
the existing fill embankment are to remain, ENGEO shall confirm that future failures will not
pose a hazard to the proposed development or off-site areas and that the proposed building
envelopes lie entirely within areas of acceptable stability by current standards. Depending on
the grading concept ultimately developed, ENGEO shall depict either a setback line or an
acceptable building envelope if substantial existing fill is to remain. If proposed building
envelopes vary from those indicated on the current site plan (July, 2002), and tree removals and
building setbacks from trees to be retained vary from those identified in this Initial Study, the
arborist report should be revised accordingly and reviewed by the Town Arborist.
39. *MITIGATION #11(GEOLOGY AND SOILS): During construction, all excavations and
grading shall be inspected by ENGEO prior to placement of concrete and/or backfill so they can
verify that actual conditions are as anticipated.in the design-level geotechnical report, and
recommend appropriate changes in the recommendations contained in that report, if necessary.
Once the reservoir is removed and any additional subsurface exploration is needed to establish
the depth of the competent bedrock, a better estimate of the amount of import material
(Maximum of 4,000 cubic yards) should be made and the Town Traffic Engineer shal l verify that
the truck traffic mitigation measures in this Initial Study are still appropriate. The results of the
construction observation and testing should be documented in an "as-built" letter/report prepared
by ENGEO and submitted to the Town before final approval is granted.
40. GRADING AND IMPROVEMENT PLANS. Multiple plan sets will be required. The first plan
set shall address rough grading, backbone infrastructure, and off-site improvements. Subsequent
plans shall address individual lot development. Initial plans shall reflect all public and quasi-
public improvements needed to serve the project including, but not limited to: rough grading for
both the road and private lot pads, the public road improvements, public storm drain and sanitary
-)A
Reservoir Road/ S-01-77, ND-01-11
Page 6
sewer improvements including stubs to private lots, water, joint trench, street lights, signing,
striping, and off-site improvements. Private pad rough grading shall include winterization
improvements. Subsequent plans shall include private improvement required for individual lot
development such as fine grading, driveway and landscape paving, and private utilities. A civil
engineer licensed in the State of California shall prepare the plans. The Applicant's soils
engineer shall also sign a statement on the plans indicating his review and approval.
An over-excavation plan shall be included in the grading plan drawing set. The plan shall reflect
keyway locations, widths, and depths, subdrain layout and size, and remedial grading required
to mitigate differential settlement and soft soils issues.
41. EROSION CONTROL. Final erosion control plans shall be prepared and submitted to the
Engineering Division of the Parks & Public Works Department as part of each grading permit
submittal. Erosion control plans shall be prepared by a civil engineer licensed in the State of
California and shall be approved by the Applicant's Soils Engineer prior to submittal to the
Town. Locations of recommended Best Management Practices shall be shown on the plans. A
Notice of Intent (NOI) and Storm Water Pollution Prevention Plan (SWPPP) shall be submitted
to the San Francisco Bay Regional Water Quality Control Board. The Applicant shall submit
interim erosion control plans for Town approval by September I" and shall implement the
approved plan by October 15`h. Winter grading erosion control plans shall detail precautions
proposed to meet the statutes of the Clean Water Act. A maximum of two weeks is allowed
between clearing of an area and stabilizing/building on an area if grading is allowed to go on
during the rainy season. In addition, straw bales and plastic sheeting shall be stored on-site for
emergency control, if needed.
42. NONPOINT SOURCE POLLUTION PREVENTION. Site stormwater discharge shall comply
with Provision C.3, New and Redevelopment Performance Standards of Order No. 01-024 of the
NPDES permit program. Filtration devices shall be required in catch basins or a grease/oil
separator shall be required at the project's downstream most inlet. Roof rainwater leaders shall
be discharged onto energy dissipaters (splash blocks) that are designed to spread the flow so that
it enters the landscaping as sheet flow.
43. SANITARY SEWER LATERAL. Any existing sanitary sewer lateral proposed for reuse must
be televised by West Valley Sanitation District and approved by the Town before reuse. A
sanitary sewer lateral cleanout shall be installed at the property line, if one does not already exist
within two (2) feet of the property line. .
44. TREE PROTECTION. Prior to issuance of a Grading Permit, protective fences shall be
constructed at the dripline of any tree to remain. The Town Arborist shall approve all protective
fencing. Any trenching with the dripline of a tree to remain shall be hand dug and so noted on
the plans.
45. TREE REMOVAL. A.iree removal permit shall be obtained prior to issuance of a Grading
Permit.
46. UNDERGROUNDING. The Applicant shall construct all utilities serving the site, including
telephone, electric power and all other communications lines underground as required by Town
Reservoir Road / 5-01-77, ND-01-11
Page 7
Code '27.50.015(b). Cable television capability shall be provided to all new lots.
47. SUBDRAINS. Subdrains and associated outfalls shall be shown on the plans. Subdrain cleanouts
shall be provided with an approximate 300-foot spacing and at bends. Cleanouts shall be placed
within the public right of way where possible or maintenance access easements shall be
provided. Subdrain as-built plans shall be submitted to the Town prior to release of bonds.
Removable screening shall be provided at subdrain outfalls to prevent rodent intrusion into the
pipe.
48. EXISTING WELLS. Pursuant to Santa Clara Valley water District Ordinance 75-6, the owner
shall show any existing well(s) on the plans. Register well(s) with the District and maintain or
abandon them following District standards. Improperly constructed or abandoned wells can be
hazards and may be a source of ground water contamination. Wells shall be sealed according
to District standards unless they are used for the proposed development, after proper testing and
inspection. Call the Santa Clara Valley Water District at 265-2600, Extension 380, for
information regarding permits and the registering of or abandonment of any wells. The
Applicant shall provide written confirmation regarding the existence of any wells and their
proposed disposition prior to issuance of a Grading Permit.
49. 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.
50. 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.
51. PUBLIC WORKS INSPECTOR. The applicant shall fund a full time public works inspector for
the duration of the demolition and grading operations. The applicant will be charged on a time
and materials basis. A deposit for the full amount, to be estimated by the Town based on the
Contractor's approved schedule, shall be paid prior to issuance of the demolition permit.
52. 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 occurred without inspection.
53. GRADING INSPECTIQNS. The soils engineer or her/his qualified representative shall
continuously inspect all grading operations. The soils engineer shall submit a final grading
report before occupancy/Certificate of Completion.
54. SURVEYING CONTROLS. Horizontal and vertical controls shall be set and certified by a
Reservoir Road / 5-01-77, ND-01-11
Page 8
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 curb
55. 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 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.
56. *MITIGATION #2(AIR QUALITY): 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. SILT AND MUD IN PUBLIC RIGHT-OF-WAY. It is the responsibility of the Applicant's
contractor to remove all dirt tracked into the public right-of-way on a daily basis. Mud, silt,
concrete and other construction debris SHALL NOT be washed into the Town's storm drains.
58. 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.
59. 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.
60. AS-BUILT PLANS. After completion of the construction of all work in the public right-of-way
or public easements, 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
Reservoir Road/ S-01-77, ND-01-11
Page 9
engineer who prepared the plans, attesting to the changes. The original "as-built" plans shall be
review and approved the Engineering Construction Inspector. A Mylar of the approved "as-
built" plans shall be provided to the Town before the Faithful Performance Security is released.
61. SITE SECURITY. Prior to commencement of any site work or the introduction of any earth
moving equipment or building materials onto the site, the applicant shall insure that a temporary
fence constructed of materials and located to the satisfaction of the Director of Community
Development has been constructed. This fence shall be in place as approved until the Director
of Community Development shall allow it to be removed or changed. The fence may only be
expanded or contracted in size upon approval of the Director of Community Development.
Failure to adhere to this condition of approval shall result in the permit being brought to the
Planning Commission for its review and introduction of stricter site and building construction
regulations.
62. PRECONSTRUCTION MEETING. Prior to issuance of any permit or the commencement of any
site work, the general contractor shall:
1. 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;
2. 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 of the project conditions of approval will
be posted on site at all times during construction.
63. EARTH MOVEMENT PLAN. Prior to issuance of a Grading Permit, the applicant shall develop
an earth movement and management program under the supervision of a licensed soils engineer
for review and approval by the Engineering Division of the Department of Parks and Public
Works.
64. CONSTRUCTION MANAGEMENT PLAN. The Applicant shall submit a construction
management plan that shall incorporate at a minimum the Earth Movement Plan, Traffic Control
Plan, Project Schedule, site security fencing, employee parking, construction staging area,
construction trailer, and proposed outhouse locations.
65. 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.
66. SITE SUPERVISION. The General Contractor shall provide qualified supervision on the job site
at all times during construction.
67. *MITIGATION # 13 (TRANSPORTATION AND TRAFFIC): Prior to the issuance of the
building permit, the project applicant and the Town will complete a pavement condition survey
documenting the extent of existing pavement defects using a 35-mm camera. In addition, a
Reservoir Road / S-01-77, ND-01-11
Page 10
pavement deflection analysis will be performed to determine pavement strength. This analysis
may indicate which streets can better withstand the traffic with minimal damage. After project
construction, the project applicant and the Town will conduct another pavement condition survey
and pavement deflection analysis to determine whether any road damage occurred as a result of
project construction and whether there were any changes in pavement strength. Using State of
California analysis procedures for deflection analysis, the rehabilitation requirements of the
pavement before and after heavy usage can be determined. The project applicant will be
responsible for completing any required road repairs prior to acceptance of the subdivision
improvements.
08. PRECONSTRUCTION' PAVEMENT SURVEY. Prior to issuance of a Grading Permit, the
project Applicant shall complete a pavement condition survey documenting the extent of existing
pavement defects using a 35-mm. or digital video camera. The survey shall extend the full length
of Prospect and College Avenues as well as Reservoir Road. In addition, a pavement deflection
analysis conforming to the same limits as the photographic survey shall be performed to
determine pavement strength. The results shall be documented in a report and submitted to the
Town for review.
69. POSTCONSTRUCTION PAVEMENT SURVEY. The project Applicant will complete a
pavement condition survey and pavement deflection analysis to determine whether road damage
occurred as a result of prof ect construction and whether there were changes in pavement strength.
Rehabilitation improvements required to restore the pavement to pre-construction condition and
strength shall be determined using State of California procedures for deflection analysis. The
results shall be documented in a report and submitted to the Town Engineer for review and
approval. The Applicant shall be responsible for completing any required road repairs prior to
release of the faithful performance bond.
70. *MITIGATION #14(TRANSPORTATION AND TRAFFIC): The project sponsor will be
required to work with the Engineering Division of the Parks and Public Works Department to
develop a traffic control plan for incorporation into the construction bid documents
(specifications), and this plan will include, but not be limited to, the following measures:
• Construction activities shall be strategically timed and coordinated to minimize traffic
disruption for schools, residents, businesses, and special events. The schools located on the
haul route shall be contacted to help with the coordination of the trucking operation to
minimize traffic disruption.
• Flag persons shall be placed at locations necessary to control one-way traffic flow on College
Avenue, Prospect Avenue, and Reservoir Road. All flag persons shall have the capability of
communicating with each other to coordinate the operation.
• Prior to construction, advance notification of all affected residents and emergency services
shall be made regarding one-way operation, specifying dates and hours of operation.
• All construction traffic shall not exceed the speed of 15 MPH. Trucks moving downhill on
Reservoir Road shall be restricted to 3 MPH and shall use their lowest gears.
Reservoir Road/ S-01-77, ND-01-11
Page 11
Trucks shall use the on- and off--ramps on SR 9 to access the SR 17 Freeway. Trucks shall
not use the ramps on Santa Cruz Avenue to access the SR 17 Freeway for any reason. If
necessary, trucks could use ramps on Lark Avenue to access this freeway.
71. DESIGN SPEED. The new driveways shall be designed for a minimum 25 MPH design speed.
Deviations from this design speed maybe authorized by the Town Engineer if the Applicant's
civil engineer provides written documentation that implementation of this criteria would result
in environmental impacts not addressed in the project Negative Declaration. The Applicant shall
also design intersection improvements to ensure 25 MPH sight distances are provided at the
intersection of Reservoir Road with the new driveways.
72. SIGHT DISTANCE AT LOT I DRIVEWAY. A deed restriction shall be recorded on Lot 1 to
limit planting within the 20 MPH view corridor. Specific planting height and placement
restrictions will be determined by the Town traffic engineer at the time of Lot 1 Architectural and
Site Review. Minor grading shall be provided adjacent to tree numbers 1 and 2, and the driveway
shall be raised as needed to allow a 20 MPH sight distance with up to a 2-foot high groundcover
within the view corridor. The applicant shall work with the Town arborist to determine the
grading constraints.
73. STORM DRAINAGE. A civil engineer licensed in the State of California shall prepare
hydrologic and hydraulic calculations. Hydraulic calculations shall be based on the 10-year storm
with no surcharge, and the 100-year storm with 1-foot of freeboard. The calculations shall
address pipe size, inlet size and spacing, energy dissipater size, rock riprap gradation and pad
size, overland release channel section, and any surface drainage swale sizing. Should calculations
show that the two existing inlets proposed for re-use near the intersection of Reservoir Road and
Prospect Avenue are inadequate, the Applicant shall provide new inlets of adequate size.
Overland releases shall be protected by a hardened surface approved by the Town and the project
soils engineer. Storm drain pipe shall be HDPE. Manhole locations shall be adjusted when final
grading plans are prepared. The overland release easement over Lot 1 shall be private.
Additionally, the Joint Aquatic Resource Permit Application (DARPA) process must be
completed or letters must be provided from the agencies in JARPA stating that their review is
not required.
74. UTILITY TRENCHES. The Applicant's soils engineer shall develop recommendations, subject
to Town Engineer review and approval, for trench cutoff walls and diversion of surface water
for utility trenches with longitudinal slopes greater than 10-percent.
75. UTILITY SETBACKS. House foundations shall be set back from utility lines a sufficient
distance to allow excavation of the utility without undermining the house foundation. The Town
Engineer shall determine the appropriate setback based on the depth of the utility, input from the
project soils engineer, and the type of foundation.
76. UTILITY EASEMENTS. Deed restrictions shall be placed on lots containing utility easements.
The deed restrictions shall specify that no trees, fences, or hardscape are allowed within the
easement boundaries, and that maintenance access must be provided. The Town will prepare the
A
Reservoir Road/ S-01-77, ND-01-11
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deed language and the Applicant's surveyor shall prepare the legal description and plat. The
Applicant shall pay any recordation costs.
77. MAINTENANCE ACCESS. The applicant shall propose maintenance access improvements for
the Town Engineer to review, comment on, and approve. The Engineering Division shall approve
the surface materials over each public easement.
78. NEIGHBORHOOD CONSTRUCTION COMMUNICATION PLAN: The applicant shall initiate
a weekly neighborhood e-mail notification program to provide project status updates. The e-mail
notices will also be posted on a bulletin board placed in a prominent location along the project
perimeter.
79. PLAN REVIEW: The applicant shall arrange a neighborhood meeting to present the proposed
design for each application (reclamation, grading, and landscape). The meeting(s) shall occur
after the Town has had an opportunity to review the plans. The applicant shall provide a
designated neighborhood• representative with a plan set at the meeting. The neighborhood
representative shall schedule a meeting with the Town and applicant within 10-working days of
receipt of the plans to discuss questions and present comments. Additional plan review and
meetings will be conducted as deemed appropriate by the Director of Parks and Public Works.
80. PERMIT ISSUANCE: Permits for each phase; reclamation, landscape, and grading, shall be
issued simultaneously.
81. COVERED TRUCKS: All trucks transporting materials to and from the site shall be covered.
(Parks & Forestry Department):
82. TREE PROTECTION FENCING: Tree protection fencing shall be placed at the dripline of
existing trees to be saved in the area of construction. Fencing shall be four feet high chain
link attached to steel poles driven two feet into the ground when at the dripline of the tree. If
the fence has to be within eight feet of the trunk of the tree, a fence base may be used, as in a
typical chain link fence that is rented. The fencing must be inspected and approved by the
Parks Superintendent and must be installed prior issuance of a grading and/or building
permit.
83. IMPERVIOUS SERVICE AERATION: All impervious surfaces encroaching under the
dripline of existing trees shall have aeration tubes installed and these tube locations shown on
the plans.
84. IRRIGATION SYSTEMS: All newly planted landscaping shall be irrigated by an in-ground
irrigation system. Special care shall be taken to avoid irrigation which will endanger existing
native trees and vegetation.
85. TREES: All existing trees to remain and newly-planted trees shown on the plan are specific
subjects of approval of this plan, and must remain on site.
86. STAKING: All newly planted trees are required to be double staked according to Town
standards prior to final occupancy.
Reservoir Road / S-01-77, ND-O1-11
Page 13
TO THE SATISFACTION OF THE SANTA CLARA COUNTY FIRE, DEPARTMENT:
87. REQUIRED FIRE FLOW: Required fire flow for this project is 1,000 GPM at 20 psi residual
pressure. The required fire flow appears to be available from area water mains and fire
hydrant(s) which are spaced at the required spacing. The applicant shall be advised that for
homes in excess of 3,600 square feet, the fire flow requirement rises.
88. PUBLIC FIRE HYDRANT(S) REQUIRED. Provide 1 public fire hydrant(s) at location(s) to
be determined jointly by the Fire Department and the San Jose Water Company. Hydrant(s)
shall have a minimum single flow of 1,000 GPM at 20 psi, with spacing not to exceed 500
feet. Prior to applying for building permit, provide civil drawings reflecting all fire hydrants
serving the site. To prevent building permit delays, the developer shall pay all required fees
to the water company ASAP.
89. FIRE APPARATUS (Hydrant). Prior to project inspection, the general contractor shall
ensure that a "Blue" dot has been placed in the roadway, as directed by the fire department.
90. TIMING OF REQUIRED WATER SUPPLY INSTALLATIONS. Installations of required
fire service(s) and fire hydrants(s) shall be tested and accepted by the Fire Department, prior
to the start of framing or delivery of bulk combustible materials. Building permit issuance
may be withheld until required installations are completed, tested, and accepted.
91. FIRE APPARATUS (ENGINE) TURN-AROUND REQUIRED. Provide an approved fire
department engine roadway turnaround with a minimum radius of 36 feet outside and 23 feet
inside. Installations shall conform with Fire Department Standard Details and Specifications
A-l. Cul-De-Sac Diameters shall be no less than 72 feet.
92. FIRE APPARATUS (Hydrant). Portions of the structure(s) are greater than 150 feet of travel
distance from the centerline of the roadway containing public fire hydrants. Provide an on-
site hydrant or provide an approved fire department sprinkler system throughout all portions
of the building.
93. TIMING OF REQUIRED ROADWAY INSTALLATIONS. Required access roads, up
through first lift of asphalt, shall be installed and accepted by the Fire Department prior to the
start of construction. Bulk 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.
94. PREMISES IDENTIFICATION. Approved numbers or addresses shall be placed on all new
buildings in such a position as to be plainly visible and legible from the street or road fronting
the property. The numbers shall contrast with their background.
* Required Mitigation Measure of the Negative Declaration for this project.
NADEV\C0ND1TNS\2004 and before\ReservoirA&SConditions.wpd
U 11
CONDITIONS OF APPROVAL FOR THE SUBDIVISION APPLICATION
Reservoir Road
Subdivision Application M-01-13
Negative Declaration ND-01-11
Requesting approval of plans to remove the existing reservoir and facilities and a four lot
subdivision on property zoned R-1:20. No significant environmental impacts have been
identified as a result of this project and a Mitigated Negative Declaration is recommended.
PROPERTY OWNER/APPLICANT: San Jose Water Company
TO THE SATISFACTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT
(Planning Section):
1. APPROVAL EXPIRATION: Zoning approval will expire two years from the approval date
pursuant to Section 29.20.320 of the Town Code, unless the application is vested.
2. 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 KKK in the report to the Planning Commission dated June 18, 2003. Any changes or
modifications made to the approved plans are subject to review and approval by the Director of
Community Development or the Planning Commission or Town Council, depending on the
scope of the change(s). Any change that will result in the import of fill exceeding 4,000 cubic
yards will require Town Council approval.
3. *MITIGATION#l (AESTHETICS)-. Subsequentto reservoir removal and prior to acceptance of
the subdivision improvements, landscape trees and shrubs shall be planted along the site
perimeter to allow landscaping to mature prior to future home development. This would help
maximize visual screening of new homes when they are ultimately constructed. The selection
and location of landscape trees and shrubs shall be subject to review and approval by the Town
as part of the tree removal process, not future Architecture and Site approvals for individual
homes.
4. REPLACEMENT TREES: 24" box trees shall be planted for mitigation unless other sizes are
deemed appropriate by the Consulting Arborist and the Director of Community Development.
5. *MITIGATION #3(BIOLOGICAL RESOURCES): The project applicant (as part of the Tree
Removal Permit application) and future homeowners (as part of future Architecture and Site
review for each home) shall be required to replace trees that are proposed to be removed with
native tree species and also include planting of native understory species to increase habitat value
of the site.
6. *MITIGATION #4(BIOLOGICAL RESOURCES): During construction of the proposed project
and future homes, all 18 recommendations contained in the report by Barrie D. Coate and
Associates (dated November 5, 2001) for the proposed project (included in Attachment 2 of the
Initial Study) shall be required in order to minimize potential damage to trees that are proposed
to be retained. These recommendations shall be supplemented and revised as per the Town
Arborist's recommendations (included in Attachment 2 of the Initial Study).
7. *MITIGATION #5(BIOLOGICALRESOURCES): To minimize the potential for damage to
trees that are proposed to be retained, tree protection zones shall be established around trees
Reservoir Road 1 M-01-13, ND-01- I I
Page 2
identified by Barrie D. Coate and Associates 9dated June 27, 2002) with setback clearances also
specified in that report (included as Attachment 2 of the Initial Study). Project construction as
well as future home design and construction shall avoid these zones.
8. *MITIGATION #6(CULTURAL RESOURCES): Demolition of the reservoir shall be monitored
by a qualified historical consultant to study the history of the construction and profile the basin
soils.
9. *MITIGATION #7(CULTURAL RESOURCES): Photodocumentation shall be conducted as the
cover is removed and the framework is dismantled. This written and photographic record of
construction techniques should be placed in the Los Gatos History Museum.
10. *MITIGATION #8 (CULTURAL RESOURCES): The rock walls and stairway shall be preserved
for possible incorporation into future residential development. Where the walls are in disrepair,
the remnants shall be incorporated into future landscaping or be made into an element for an
entryway into the subdivision.
11. *MITIGATION #12(HAZARDS AND HAZARDOUS MATERIALS): After the existing
reservoir is removed, soils below the reservoir shall be tested for the presence of chlorine or
chlorine byproducts. These soils shall be tested prior to the commencement of the fill operation
and remediated as necessary.
12. COMMUNITY BENEFIT. The applicant shall enter into an agreement with the Town for
provision of the community benefits being offered with the project (Removing an attractive
nuisance; Improve fire infrastructure; Improve Sanitary sewer infrastructure; and Improve storm
drainage infrastructure; and Traffic controls). The agreement shall include details on the timing
and implementation of each item and shall be approved by the Town Attorney and the Director
of Community Development prior to issuance of any building permits for the project.
13. FUTURE ARCHITECTURE AND SITE APPROVALS: The trees to be removed and building
envelopes shown on Attachment 44 of the Town Council Report dated December 1, 2003 shall
be used along with the compact disc recordings of the December 15, 2003 and January 5, 2004
Council meetings to guide future Architecture and Site approvals. This includes the use of
foundation systems that cause the least impact to trees and grading activities such as pier and
grade beam foundation systems.
14. TREE #90: Reasonable efforts shall be made to save this tree until the future Architecture and
Site application for Lot 3 is filed, at which time the tree will be re-evaluated by the Town's
Consulting Arborist. Final disposition of this tree shall be made by the Planning Commission
or Town Council during the Architecture and Site application review for Lot 3.
TO THE SATISFACTION OF THE DIRECTOR OF PARKS AND PUBLIC WORKS:
(Engineering Division):
15. DEVELOPMENT AGREEMENT. The Applicant shall enter an agreement to construct public
improvements in accordance with Town Code §24.40.020.
16. 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.
17. PUBLIC IMPROVEMENT SECURITY. The applicant shall supply suitable securities for all
public improvements that are a part of the development in a form acceptable to the Town in the
Reservoir Road / M-0 1-13, ND-O1-11
Page 3
amount of 100% (performance) and 100% (labor and material) prior to issuance of any permit.
Applicant shall provide two (2) copies of documents verifying the cost of the public
improvements to the satisfaction of the Engineering Division of the Parks and Public Works
Department.
18. PRIVATE IMPROVEMENT SECURITY. The applicant shall supply suitable securities for all
private site improvements that are a part of the development in a form acceptable to the Town
in the amount of 100% (performance) and 100% (labor and material) prior to issuance of any
permit. Applicant shall provide two (2) copies of documents verifying the cost of the private
improvements to the satisfaction of the Engineering Division of the Parks and Public Works
Department.
19. INSURANCE. One million dollars ($1,000,000) of liability insurance holding the Town
harmless shall be provided in a format acceptable to the Town Attorney before recordation of
the Final Map.
20. 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 of Certificate of Occupancy is made. The fee
shall be paid before issuance of the Certificate of Occupancy. The traffic impact mitigation fee
for this project using the current fee schedule is $5,730 per house. 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 of Occupancy.
21. 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.
22. INSPECTION FEES. Inspection fees shall be deposited with the Town prior to issuance of any
Permit or recordation of the Final Map.
23. PARCEL MAP. A parcel map shall be recorded prior to issuance of any permit. Two copies of
the parcel map shall be submitted to the Engineering Division of the Parks & Public Works
Department for review and approval. Submittal shall include closure calculations, title reports,
all backup documents and appropriate fee.
24. DEDICATIONS. The following shall be dedicated on the parcel map. The dedication shall be
recorded before any permits are issued.
1. Reservoir Road. A 20-foot half-street right-of-way.
2. Public Service Easement (PSE). Ten (10) feet wide, next to the new street right-of-
way and the Reservoir Road right-of-way.
3. Ingress-egress, storm drainage, overland release, and sanitary sewer easements, as
required.
25. PRIVATE EASEMENTS. Agreements detailing rights, limitations, and responsibilities of
involved parties shall accompany each private easement. The easements and associated
agreements shall be recorded simultaneously with the final map.
26. PUBLIC IMPROVEMENTS. The Applicant shall install the following improvements, Plans
for those improvements shall be prepared by a California registered civil engineer, reviewed and
approved by the Town, and guaranteed by contract, Faithful Performance Security and Labor &
Ram
Reservoir Road/ M-01-13, ND-01-11
Page 4
Materials Security before the issuance of a building permit or the recordation of a map. The
improvements must be completed and accepted by the Town before a Certificate of Occupancy
for any new building can be issued.
Reservoir Road. Curb, storm drain, storm drain inlets, street lights, and energy dissipater as
required. The Engineering Division of the Parks and Public Works Department shall
determine improvement limits. Improvements shall be provided at the intersection of
Reservoir Road and Prospect Avenue to insure that the public right of way overland release
remains in the right of way. No overland release through the project site will be allowed.
The applicant shall also remove existing lights from power poles and provide Town standard
lights on the opposite side of the street.
Note: Rolled curb and gutter shall be provided rather than vertical curb wherever feasible.
No sidewalk shall be provided.
27. UTILITY SERVICE. The Applicant shall submit letters from all project utility service providers
stating their willingness to serve the project and their approval of easements and maintenance
access prior to recordation of a Final Map. This shall include West Valley Sanitary District's
approval of the line relocated out of the 10 Reservoir Road property in accordance with
Alternative F as referenced in the Council report for the meeting on December 1, 2003.
28. GRADING PERMIT. Multiple grading permits are required. The initial permit shall address
rough grading for both the public street and private lots. Subsequent permits shall address fine
grading of the private lots. Separate grading permit applications (independent of Building
Permits) shall be made to the Engineering Division of the Parks & Public Works Department.
Grading plans shall include final grading, drainage retaining wall location, driveway, utilities and
interim erosion control. Unless specifically allowed by the Director of Parks and Public Works,
the grading permit will be issued concurrently with the building permit. Retaining wall
construction requires a'Building Permit.
29. *MITIGATION #9(GEOLOGY AND SOILS): The project design shall incorporate all
applicable recommendations in ENGEO's geotechnical investigations (September, 2001; May,
2002) for the proposed project (included as Attachment 3 of the Initial Study) in order to
minimize the potential impacts resulting from regional seismic activity and soil engineering
constraints. Prior to the issuance of permit(s), ENGEO shall review the final plans to ensure that
designs for foundations, retaining walls, site grading, and site drainage are in accordance with
their recommendations, and provide a plan review letter to the Town.
30. *MITIGATION #I O(GEOLOGY AND SOILS): If oversteepened, undocumented fill slopes of
the existing fill embankment are to remain, ENGEO shall confirm that future failures will not
pose a hazard to the proposed development or off-site areas and that the proposed building
envelopes lie entirely within areas of acceptable stability by current standards. Depending on
the grading concept ultimately developed, ENGEO shall depict either a setback line or an
acceptable building envelope if substantial existing fill is to remain. If proposed building
envelopes vary from those indicated on the current site plan (July, 2002), and tree removals and
building setbacks from trees to be retained vary from those identified in this Initial Study, the
Reservoir Road / M-0 1-13, ND-01-11
Page 5
arborist report should be revised accordingly and reviewed by the Town Arborist.
31. *MITIGATION #11 (GEOLOGY AND SOILS): During construction, all excavations and
grading shall be inspected by ENGEO prior to placement of concrete and/or backfill so they can
verify that actual conditions are as anticipated in the design-level geotechnical report, and
recommend appropriate changes in the recommendations contained in that report, if necessary.
Once the reservoir is removed and any additional subsurface exploration is needed to establish
the depth of the competent bedrock, a better estimate of the amount of import material
(Maximum of 4,000 cubic yards) should be made and the Town Traffic Engineer shall verify that
the truck traffic mitigation measures in this Initial Study are still appropriate. The results of the
construction observation and testing should be documented in an "as-built" letter/report prepared
by ENGEO and submitted to the Town before final approval is granted.
32. GRADING AND IMPROVEMENT PLANS. Multiple plan sets will be required. The first plan
set shall address rough grading, backbone infrastructure, and off-site improvements. Subsequent
plans shall address individual lot development. Initial plans shall reflect all public and quasi-
public improvements needed to serve the project including, but not limited to: rough grading for
both the road and private lot pads, the public road improvements, public storm drain and sanitary
sewer improvements including stubs to private lots, water, joint trench, street lights, signing,
striping, and off-site improvements. Private pad rough grading shall include winterization
improvements. Subsequent plans shall include private improvement required for individual lot
development such as fine grading, driveway and landscape paving, and private utilities. A civil
engineer licensed in the State of California shall prepare the plans. The Applicant's soils
engineer shall also sign a statement on the plans indicating his review and approval.
An over-excavation plan shall be included in the grading plan drawing set. The plan shall reflect
keyway locations, widths, and depths, subdrain layout and size, and remedial grading required
to mitigate differential settlement and soft soils issues.
33. EROSION CONTROL. Final erosion control plans shall be prepared and submitted to the
Engineering Division of the Parks & Public Works Department as part of each grading permit
submittal. Erosion control plans shall be prepared by a.civil engineer licensed in the State of
California and shall be approved by the Applicant's Soils Engineer prior to submittal to the
Town. Locations of recommended Best Management Practices shall be shown on the plans. A
Notice of Intent (NOI) and Storm Water Pollution Prevention Plan (SWPPP) shall be submitted
to the San Francisco Bay Regional Water Quality Control Board. The Applicant shall submit
interim erosion control plans for Town approval by September 151 and shall implement the
approved plan by October 15`h. Winter grading erosion control plans shall detail precautions
proposed to meet the statutes of the Clean Water Act. A maximum of two weeks is allowed
between clearing of an area and stabilizing/building on an area if grading is allowed to go on
during the rainy season. In addition, straw bales and plastic sheeting shall be stored on-site for
emergency control, if needed.
34. NONPOINT SOURCE POLLUTION PREVENTION. Site stormwater discharge shall comply
with Provision C.3, New and Redevelopment Performance Standards of Order No. 01-024 of the
NPDES permit program. Filtration devices shall be required in catch basins or a grease/oil
lk: !
Reservoir Road / M-01-13, ND-O1-11
Page 6
separator shall be required at the project's downstream most inlet. Roof rainwater leaders shall
be discharged onto energy dissipaters (splash blocks) that are designed to spread the flow so that
it enters the landscaping as sheet flow.
35. SANITARY SEWER LATERAL. Any existing sanitary sewer lateral proposed for reuse must
be televised by West Valley Sanitation District and approved by the Town before reuse. A
sanitary sewer lateral cleanout shall be installed at the property line, if one does not already exist
within two (2) feet of the property line.
36. TREE PROTECTION. Prior to issuance of a Grading Permit, protective fences shall be
constructed at the dripline of any tree to remain. The Town Arborist shall approve all protective
fencing. Any trenching with the dripline of a tree to remain shall be hand dug and so noted on
the plans.
37. TREE REMOVAL. A tree removal permit shall be obtained prior to issuance of a Grading
Permit.
38. UNDERGROUNDING. The Applicant shall construct all utilities serving the site, 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.
39. SUBDRAINS. Subdrains and associated outfalls shall be shown on the plans. Subdrain cleanouts
shall be provided with an approximate 300-foot spacing and at bends. Cleanouts shall be placed
within the public right of way where possible or maintenance access easements shall be
provided. Subdrain as-built plans shall be submitted to the Town prior to release of bonds.
Removable screening shall be provided at subdrain outfalls to prevent rodent intrusion into the
pipe.
40. EXISTING WELLS. Pursuant to Santa Clara Valley water District Ordinance 75-6, the owner
shall show any existing well(s) on the plans. Register well(s) with the District and maintain or
abandon them following District standards. Improperly constructed or abandoned wells can be
hazards and may be a source of ground water contamination. Wells shall be sealed according
to District standards unless they are used for the proposed development, after proper testing and
inspection. Call the Santa Clara Valley Water District at 265-2600, Extension 380, for
information regarding permits and the registering of or abandonment of any wells. The
Applicant shall provide written confirmation regarding the existence of any wells and their
proposed disposition prior to issuance of a Grading Permit.
41. 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.
Reservoir Road / M-0 1-13, ND-O1-11
Page 7
42. 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.
43. PUBLIC WORKS INSPECTOR. The applicant shall fund a full time public works inspector for
the duration of the demolition and grading operations. The applicant will be charged on a time
and materials basis. A deposit for the full amount, to be estimated by the Town based on the
Contractor's approved schedule, shall be paid prior to issuance of the demolition permit.
44. 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 occurred without inspection.
45. GRADING INSPECTIONS. The soils engineer or her/his qualified representative shall
continuously inspect all grading operations. The soils engineer shall submit a final grading
report before occupancy/Certificate of Completion.
46. 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:
I . Retaining wall--top of wall elevations and locations
2. Toe and top of cut and fill slopes
3. Top of curb
47. DUST CONTROL. Blowing dust shall be reduced by timing construction activities so that
paving and building construction begin as soon as possible after completion of grading, and by
landscaping disturbed 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 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.
48. *MITIGATION #2(AIR QUALITY): 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.
49. SILT AND MUD IN PUBLIC RIGHT-OF-WAY. It is the responsibility of the Applicant's
contractor to remove all dirt tracked into the public right-of-way on a daily basis. Mud, silt,
concrete and other construction debris SHALL NOT be washed into the Town's storm drains.
50. RESTORATION OF PUBLIC IMPROVEMENTS. The developer shall repair or replace all
existing improvements not designated for removal that are damaged or removed because of
r
Reservoir Road/ M-01-13, ND-01-11
Page 8
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.
51. 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.
52. AS-BUILT PLANS. After completion of the construction of all work in the public right-of-way
or public easements, 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
review and approved the Engineering Construction Inspector. A Mylar of the approved "as-
built" plans shall be provided to the Town before the Faithful Performance Security is released.
53. SITE SECURITY. Prior to commencement of any site work or the introduction of any earth
moving equipment or building materials onto the site, the applicant shall insure that a temporary
fence constructed of materials and located to the satisfaction of the Director of Community
Development has been constructed. This fence shall be in place as approved until the Director
of Community Development shall allow it to be removed or changed. The fence may only be
expanded or contracted in size upon approval of the Director of Community Development.
Failure to adhere to this condition of approval shall result in the permit being brought to the
Planning Commission for its review and introduction of stricter site and building construction
regulations.
54. PRECONSTRUCTION MEETING. Priorto issuance of anypermit or the commencement of any
site work, the general contractor shall:
1. 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;
2. 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 of the project conditions of approval will
be posted on site at all times during construction.
55. EARTH MOVEMENT.PLAN. Prior to issuance of a Grading Permit, the applicant shall develop
an earth movement and management program under the supervision of a licensed soils engineer
for review and approval by the Engineering Division of the Department of Parks and Public
Works.
Reservoir Road / M-01-13 , ND-01- I I
Page 9
56. CONSTRUCTION MANAGEMENT PLAN. The Applicant shall submit a construction
management plan that shall incorporate at a minimum the Earth Movement Plan, Traffic Control
Plan, Project Schedule, site security fencing, employee parking, construction staging area,
construction trailer, and proposed outhouse locations.
57. 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.
58. SITE SUPERVISION. The General Contractor shall provide qualified supervision on the job site
at all times during construction.
59. *MITIGATION #13(TRANSPORTATION AND TRAFFIC): Prior to the issuance of the
building permit, the project applicant and the Town will complete a pavement condition survey
documenting the extent of existing pavement defects using a 35-mm camera. In addition, a
pavement deflection analysis will be performed to determine pavement strength. This analysis
may indicate which streets can better withstand the traffic with minimal damage. After project
construction, the project applicant and the Town will conduct another pavement condition survey
and pavement deflection analysis to determine whether any road damage occurred as a result of
project construction and whether there were any changes in pavement strength. Using State of
California analysis procedures for deflection analysis, the rehabilitation requirements of the
pavement before and after heavy usage can be determined. , The project applicant will be
responsible for completing any required road repairs prior to acceptance of the subdivision
improvements.
60. PRECONSTRUCTION PAVEMENT SURVEY. Prior to issuance of a Grading Permit, the
project Applicant shall complete apavement condition survey documenting the extent of existing
pavement defects using a 35-mm or digital video camera. The survey shall extend the full length
of Prospect and College Avenues as well as Reservoir Road. In addition, a pavement deflection
analysis conforming to the same limits as the photographic survey shall be performed to
determine pavement strength. The results shall be documented in a report and submitted to the
Town for review.
61. POSTCONSTRUCTION PAVEMENT SURVEY. The project Applicant will complete a
pavement condition survey and pavement deflection analysis to determine whether road damage
occurred as a result of project construction and whether there were changes in pavement strength.
Rehabilitation improvements required to restore the pavement to pre-construction condition and
strength shall be determined using State of California procedures for deflection analysis. The
results shall be documented in a report and submitted to the Town Engineer for review and
approval. The Applicant,shall be responsible for completing any required road repairs prior to
release of the faithful performance bond.
62. *MITIGATION #14(TRANSPORTATION AND TRAFFIC): The project sponsor will be
required to work with the Engineering Division of the Parks and Public Works Department to
Reservoir Road/ M-01-13, ND-01-11
Page 10
develop a traffic control plan for incorporation into the construction bid documents
(specifications), and this plan will include, but not be limited to, the following measures:
• Construction activities shall be strategically timed and coordinated to minimize traffic
disruption for schools, residents, businesses, and special events. The schools located on the
haul route shall be contacted to help with the coordination of the trucking operation to
minimize traffic disruption.
• Flag persons shall be placed at locations necessary to control one-way traffic flow on College
Avenue, Prospect Avenue, and Reservoir Road. All flag persons shall have the capability of
communicating with each other to coordinate the operation.
• Prior to construction, advance notification of all affected residents and emergency services
shall be made regarding one-way operation, specifying dates and hours of operation.
• All construction traffic shall not exceed the speed of 15 MPH. Trucks moving downhill on
Reservoir Road shall be restricted to 3 MPH and shall use their lowest gears.
• Trucks shall use the on- and off-ramps on SR 9 to access the SR 17 Freeway. Trucks shall
not use the ramps on Santa Cruz Avenue to access the SR 17 Freeway for any reason. If
necessary, trucks could use ramps on Lark Avenue to access this freeway.
63. DESIGN SPEED. The new driveways shall be designed for a minimum 25 MPH design speed.
Deviations from this design speed may be authorized by the Town Engineer if the Applicant's
civil engineer provides written documentation that implementation of this criteria would result
in environmental impacts not addressed in the project Negative Declaration. The Applicant shall
also design intersection improvements to ensure 25 MPH sight distances are provided at the
intersection of Reservoir Road with the new driveways.
64. SIGHT DISTANCE AT LOT 1 DRIVEWAY. A deed restriction shall be recorded on Lot 1 to
limit planting within the 20 MPH view corridor. Specific planting height and placement
restrictions will be determined by the Town traffic engineer at the time of Lot 1 Architectural and
Site Review. Minor grading shall be provided adjacent to tree numbers 1 and 2, and the driveway
shall be raised as needed to allow a 20 MPH sight distance with up to a 2-foot high groundcover
within the view corridor. The applicant shall work with the Town arborist to determine the
grading constraints.
65. STORM DRAINAGE. A civil engineer licensed in the State of California shall prepare
hydrologic and hydraulic calculations. Hydraulic calculations shall be based on the 10-year storm
with no surcharge, and the 100-year storm with 1-foot of freeboard. The calculations shall
address pipe size, inlet size and spacing, energy dissipater size, rock riprap gradation and pad
size, overland release channel section, and any surface drainage swale sizing. Should calculations
show that the two existing inlets proposed for re-use near the intersection of Reservoir Road and
Prospect Avenue are inadequate, the Applicant shall provide new inlets of adequate size.
Overland releases shall be protected by a hardened surface approved by the Town and the project
soils engineer. Storm drain pipe shall be HDPE. Manhole locations shall be adjusted when final
grading plans are prepared. The overland release easement over Lot 1 shall be private.
Reservoir Road/ M-01-13, ND-01-11
Page 11
Additionally, the Joint Aquatic Resource Permit Application (DARPA) process must be
completed or letters must be provided from the agencies in DARPA stating that their review is
not required.
66. UTILITY TRENCHES. The Applicant's soils engineer shall develop recommendations, subject
to Town Engineer review and approval, for trench cutoff walls and diversion of surface water
for utility trenches with longitudinal slopes greater than 10-percent.
67. UTILITY SETBACKS. House foundations shall be set back from utility lines a sufficient
distance to allow excavation of the utility without undermining the house foundation. The Town
Engineer shall determine the appropriate setback based on the depth of the utility, input from the
project soils engineer, and the type of foundation.
68. UTILITY EASEMENTS. Deed restrictions shall be placed on lots containing utility easements.
The deed restrictions shall specify that no trees, fences, or hardscape are allowed within the
easement boundaries, and that maintenance access must be provided. The Town will prepare the
deed language and the Applicant's surveyor shall prepare the legal description and plat. The
Applicant shall pay any recordation costs.
69. MAINTENANCE ACCESS. The applicant shall propose maintenance access improvements for
the Town Engineer to review, comment on, and approve. The Engineering Division shall approve
the surface materials over each public easement.
70. NEIGHBORHOOD CONSTRUCTION COMMUNICATION PLAN: The applicant shall initiate
a weekly neighborhood e-mail notification program to provide project status updates. The e-mail
notices will also be posted on a bulletin board placed in a prominent location along the project
perimeter.
71. PLAN REVIEW: The applicant shall arrange a neighborhood meeting to present the proposed
design for each application (reclamation, grading, and landscape). The meeting(s) shall occur
after the Town has had an opportunity to review the plans. The applicant shall provide a
designated neighborhood representative with a plan set at the meeting. The neighborhood
representative shall schedule a meeting with the Town and applicant within 10-working days of
receipt of the plans to discuss questions and present comments. Additional plan review and
meetings will be conducted as deemed appropriate by the Director of Parks and Public Works.
72. PERMIT ISSUANCE: Permits for each phase; reclamation, landscape, and grading, shall be
issued simultaneously.
73. COVERED TRUCKS: All trucks transporting materials to and from the site shall be covered.
* Required Mitigation Measure of the Negative Declaration for,this project.
NADEV\C0NDFrNS\2004 and before\ReservoirSubConditions.wpd
Reservoir Road Lot 3
APN
address
building
site
FAR
529 29 059
59 College Ave.
3444
27443
0.13
529 29 060
51 College Ave.
2817
37897
0.07
529 29 061
10 Reservoir Rd.
0
95396
529 31 039
87 Prospect Ave.
3478
14810
0.23
529 31 041
lot 1*
4856
36174
0.13
529 31 041
lot 2`
5764
37666
0.15
529 33 013
175 Prospect Ave.
3976
37026
0.11
529 33 014
161 Prospect Ave.
4684
16988
0.28
529 33 015
111 Reservoir Rd.
2644
15682
0.17
529 33 016
99 Reservoir Rd.
4092
34412
0.12
529 22 017
93 Reservoir Rd.
3852
23522
0.16
529 22 019
79 Reservoir Rd.
2564
38333
0.07
529 33 039
81 Reservoir Rd.
6233
71003
0.09
529 33 040
85 Reservoir Rd.
5154
16852
0.31
529 33 041
83 Reservoir Rd.
4139
15682
0.26
529 33 052
49 Reservoir Rd.
3974
18731
0.21
'pending approval
Exhibit K
March 27, 2007
Mr. Joe Pirzynski, Mayor
Ms. Barbara Spector, Vice-Mayor
Mr. Steve Glickman, Council Member
Ms. Diane McNutt, Council Member
Mr. Mike Wasserman, Council Member
cc,46r. Bud Lortz, Director of Community Development
Ms Suzanne Davis, Associate Planner, Community Development Department
Mr. & Mrs. Mark Von Kaenel
Mr. Tony Jeans
We are writing to you to ask that you reverse the Planning Commission decision of
February 28, 2007 denying the Architecture and Site Application for Reservoir Road
Subdivision Lot #3.
As you are aware, during the hearings for the reservoir reclamation and subdivision
project by San Jose Water, there were concerns expressed by us, the nearby
neighbors, about the number of trees being removed from the property and the size of
the building envelopes and footprints of the future homes.
In the Council Agenda Report dated January 15, 2004, the Council made it clear about
their concern for these issues and stated on Page 3 of the Resolution in section 2.A.
"Attachment 44 of the report dated December 1, 2003 shall be used to guide the review
of future Architecture and Site applications with an emphasis on preserving as many
trees as possible and limiting the building envelopes and footprints of future homes."
We believe that the plan submitted by the Von Kaenels and their architect, Mr. Jeans, is
superior to other alternatives in complying with the direction made by the Council in
2004.
Specifically, their plan calls for preserving tree #86 (#5 on the new plan), a 23.5" blue
oak, and tree #70 (#16 on the new plan), a 16.5" black oak. In order to accomplish this,
they need to slightly shift, but not enlarge, the building envelope. In addition, in order to
allow the driveway to not impact the larger tree, they need to remove more of the old
rock retaining wall on the property.
We also believe that the, owners' plan to have the driveway running parallel and below
Reservoir Road and the garage below the house provides the best neighborhood
compatibility. The one story fagade presented to Reservoir Road is superior to an
ATTACHMENT 13
alternate plan that would have the driveway coming directly from Reservoir Road, the
garage facing the road, and a 1 '/2 story fagade.
We feel that removing and reusing portions of the rock wall is a small price to pay in
order to gain an attractive house that is compatible with our neighborhood and
preserves two significant oak trees on the property.
We fully support the property owners' plan as submitted and ask that the Town Council
overrule the Planning Commission and approve the Architecture and Site Application.
Respectfully submitted,
X
Arthur Brdnner
79 Reservoir Road
l
Dennis McEvoy
81 Reservoir Road
Dorothea Bonner
79 Reservoir Road
Kim Worsencroft
81 Reservoir Road
Cal Gordon
93 Reservoir Road
l~
Gary Kankel
99 Reservoir Road
James Soderberg
111 Reservoir Road
Lillian Gordon
93 Reservoir Road
Susan Kankel
99 Reservoir Road
J
~PR 12 2007
April 12th, 2007
TOWN
CLERK C
Re: Architecture and Site Application S0721
To the Honorable Mayor Joe Pirzynski,
I am a Los Gatos resident and in full support of the right of Mark Von Kaenel and Dianna
Robinson to build their family home at Lot 3 Reservoir Road. Presently, they are
residents of this quality community and want their children to continue their march
toward maturity surrounded by their peers and family members.
My background in the political area allowed me to become the first elected Mayor of
Santa Clara for almost ten years and I also served on the City Council. I know how
difficult it is to make land use decisions; however, I firmly believe this application
follows the "guidelines" established a few years ago for this location. To my knowledge
all of the neighbors are in full support and there are only a few areas that need flexibility.
I understand a guideline to be a document used to simplify a process in a set routine. By
virtue of definition guidelines are not mandatory. Furthermore, organizations
(governmental or private) issue guidelines so that actions become more predictable and of
higher quality.
The applicants have followed the "guidelines" and have actually enhanced the planning
so that all of the neighbor's needs are satisfied. The environment has been protected,
ATTACHIW,NT 14
height regulated, traffic pattern improved, etc., as this was once a "hotly" debated
controversial project especially with the neighbors.
Politics is the art of compromise. I know there is a minor lot line adjustment, however, as
you look at this family home you see a plan that followed your "guidelines" and
improved the development of this property.
Thank you for reviewing this letter. I had planned to speak at the meeting On April 16th,
but unfortunately a previous commitment prevents me from attending.
Yours Truly,
Gary G. Gillmor
103 Angel Court
Los Gatos
Honorable Mayor Priz_vnski April 11, 2007
Town Council
110 E Main Street
Los Gatos, California 95031
Re: Reservoir Road (Lot 3)
Architecture and Site Application S-07-21
I would like to address the following issues:
APR 12 ?.001
TO`JVN r.-<,
A. Environmental assessment (categorically exempt or negative declaration)
B. Rockmalls (preserve or re-use rock)
A. ENVIRONMENTAL ASSESSMENT: Categorically exempt or Negative Declaration
Sections 15300.2(c) 15300.2(f) and 15304(x) of the CEQA Guidelines indicate that the
A&S application for Lot 3 does not meet the criteria for a categorical exemption given
that the project currently proposes additional tree removals, grading on slopes greater
than 10%, and demolition of the existing dry stack wall.
Section 15064(7) states that Sections 15162, 15163, and 15164 apply when a proposed
project is a change to, or further approval for, a project for which a negative declaration
has been previously adopted. In this case, the negative declaration prepared for the
reservoir demolition and the subdivision of the SJWC property (NDO 1- 11, M-01-13 and
S-O1-77).
CONCLUSION: The current A&S application S-07-21 is not categorically exempt under
CEQA. It falls under the previously adopted Negative Declaration (ND-01-11) prepared
for demolition of the reservoir and the prior subdivision (M-O1-13 and S-01-77).
B. ROCK WALLS: Preservation or Re-use
At the Planning Commission hearing the intent of the mitigation for the rock walls was discussed
The discussion centered around:
1. Whether demolition of the walls and re-use of the rocks preserves the walls
2. Whether the current A&S application for lot 3 is subject to the mitigation in the previous
Negative Declaration (see A above).
There are differences in the language in Archeological Resource Management Report (ARM)
(2000), the Initial Study, the Conditions of Approval for the demolition and subdivision, the
recommendations of the Historic Preservation Committee, and ARM's Photo Documentation
Report (August, 2004). The Photo Documentation Report clearly separates "preservation" and
"demolition and re-use" and makes it clear that the two are not synonymous.
ATTACHMENT 15
The Conclusion of the report states: "Additional mitigation for the project includes the
preservation of the remaining rock walls as well as the appropriate reuse of materials
from those rock walls which were demolished during the course of the demolition and
grading. The completion of this report, along with these additional recommendations,
serve to reduce the impact of the project on the historic resources to a non-significant
level."
2. CONCLUSION: The intent of the mitigation in the adopted Negative Declaration is to
preserve rock walls in their existing locations.
C. OVERALL CONCLUSION
1. The current A&S application for lot 3 is not categorically exempt
2. The mitigation to preserve the rock walls applies to this project
I, therefore, respectfully request that the Council consider the following options:
a. Direct the applicant to modify the project to avoid demolition of the existing wall, or
b. Deny the application as being inconsistent with the required mitigation for the
cultural resources remaining on the site.
Thank you for your consideration,
Lee Quintana
5 Palm Avenue
Los Gatos, Ca 95030
354-7808
Attachment: Nov. 19,2001 letter to SJWC
Towle of Los GATos
COMMUNITY DEVELOPMENT DEPARTMENT Z c
PLANNING DIVISION 110 E. MAIN grREU
(408) 354-6872 FAX (408) 354-7593 p.0. Bax 949
Los GATOS, CA 95031
November 19, 2001
Rich Pardini
San Jose Water Company
374 W. Santa Clara Street
San Jose, CA 95132
RE: Reservoir Road
a. Architecture and Site Application S-01-77
b. Negative Declaration ND-01-11
Requesting approval of plans to remove the existing pre-1941 reservoir and facilities
on property zoned R-1:20. If no significant environmental impacts are identified as a
result of this project, a Negative Declaration will be recommended and an Environmen-
tal Impact Report will not be required.
PROPERTY OWNER/APPLICANT: San Jose Water Company
On November 14, 2000, the Los Gatos Historic Preservation Committee considered the above
referenced application. The Committee recommended approval of the application subject to the
mitigation measures addressed in the historic report which includes saving the stone walls and
staircase for a future use in the locations they currently exist. The Committee stated that where the
walls are in disrepair, the remnants can be incorporated in future landscaping or be made into an
element for an entryway to the subdivision.
The application is currently going through the Development Review Committee process. If you
have any questions in this matter, please contact Sandy Baily at 354-6873.
Sincerely,
1~~i
Bud N. Lortz, AICP
Director of Community Development
BNL:SLB:mdc
cc: Ray Hashimoto, HMH Inc., 1570 Oakland Road, Suite 200, San Jose, CA 95131
Arthur Bonner,,79 Reservoir Road, Los Gatos, CA 95030
Randall Malin, 83 Reservoir Road, Los Gatos, CA 95030
Suzanne Cochran, 60 Rogers Street, Los Gatos, CA 95030
N'0MS L D\reservoir. I . wpd
INCORPORATED AUGUST 10. 18,
. -im
Reservoir Road Lot 2
APN
address
building
site
FAR
529 29 059
59 College Ave.
3444
27443
0.13
529 29 060
51 College Ave.
2817
37897
0.07
529 29 061
10 Reservoir Rd.
0
95396
529 31 039
87 Prospect Ave.
3478
14810
0.23
529 31 041
Lot 1 *
4856
36174
0.13
529 31 041
Lot 2
5876
37666
0.16
529 31 041
Lot 3*
5037
20001
0.25
529 33 013
175 Prospect Ave.
3976
37026
0.11
529 33 014
161 Prospect Ave.
4684
16988
0.28
529 33 015
111 Reservoir Rd.
2644
15682
0.17
529 33 016
99 Reservoir Rd.
4092
34412
0.12
529 22 017
93 Reservoir Rd.
3852
23522
0.16
529 22 019
79 Reservoir Rd.
2564
38333
0.07
529 33 039
81 Reservoir Rd.
6233
71003
0.09
529 33 040
85 Reservoir Rd.
5154
16852
0.31
529 33 041
83 Reservoir Rd.
4139
15682
, 0.26
529 33 052
49 Reservoir Rd.
3974
18731
0.21
*pending approval
Exhibit K
IV