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05 Staff Report - Kennedy Road @ Forrester RoadMEETING DATE: 05-19-08 VIN 0 AGENDA ITEM: 15 t°s cA~QS COUNCIL AGENDA REPORT DATE: MAY 15, 2008 TO: MAYOR AND TOWN COUNCIL FROM: ORRY P. KORB, TOWN ATTORNE4 SUBJECT: KENNEDY ROAD @ FORRESTER ROAD (APNS: 537-29-007 & 008) (OWNER: ACORN TRUST. APPLICANT: ROB DESANTIS) A. ADOPT RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS MAKING FINDINGS REGARDING APPROVAL OF A REQUEST TO APPROVE A PLANNED DEVELOPMENT TO CONSTRUCT A NEW RESIDENCE, POOL, TENNIS COURT AND ACCESSORY STRUCTURES ON PROPERTY ZONED HR-2 1/2 B. ADOPT PLANNED DEVELOPMENT ORDINANCE TO CONSTRUCT A NEW RESIDENCE, POOL, TENNIS COURT AND ACCESSORY STRUCTURES ON PROPERTY ZONED HR-2 1/2 RECOMMENDATION: Adopt a planned development ordinance to construct a new residence, pool, tennis court. and accessory structures on property zoned HR-2 '/2. Also, adopt a resolution reflecting Council's findings in support of the proposed ordinance. DISCUSSION: On May 5, 2008, Council voted to introduce a planned development ordinance to construct a new residence, pool, tennis court and accessory structures on property zoned HR-2 1/2. The Ordinance introduced by Council is attached. (Attachment 1) Council's factual findings. and conclusions are reflected in the attached proposed resolution (Attachment 2). Also attached is correspondence received from Paul Dubois and Lee Quintana after the closed of the public hearing. PREPARED BY: ORRY P. KORB, TOWN ATTORNEY 0PK:1,M-Bhvp [NAATY\ReportslReportKennedy @Favester(DeSantis).wpol Reviewed by: lTown Manager V~~. Assistant Town Manager Clerk Finance Community Development Rev: 5115108 5:07 pm Reformatted: 7119199 Fileg Sot-05 PAGE 2 MAYOR AND TOWN COUNCIL SUBJECT: Kennedy Road @ Forrester Road (DeSanYis) May 15, 2008 Attachments : 1. Introduced Ordinance 2. Proposed Resolution 3. Correspondence from Paul Dubois received May 15, 2008 4. Correspondence from Lee Quintana recieved May 15, 2008 5. Correspondence from Suzanne Muller received May 16, 2008 ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE TOWN CODE EFFECTING A ZONE CHANGE FROM HR-21/2 TO HR-21/2:PD FOR PROPERTY LOCATED ON KENNEDY ROAD, JUST EAST OF FORRESTER ROAD (APNs 537-29-007 & 008) THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN AS FOLLOWS: SECTION I The Town Code of the Town of Los Gatos is hereby amended to change the zoning on property at Kennedy Road, east of Forrester Road (Santa Clara County Assessor Parcel Numbers 537-29007 & 008) as shown on the map attached hereto as Exhibit A, and is part of this Ordinance, from HR-21/2 (Hillside Residential, 21/2--10 Acres per Dwelling Unit) to HR-21/2:PD (Hillside Residential, 21/2-10 Acres per Dwelling Unit, Planned Development). SECTION II The PD (Planned Development Overlay) zone established by this Ordinance authorizes the following construction and use of improvements: 1. Construction of a new single-family dwelling, guest quarters and attached garage. 2. Accessory structures inclusive of art studio, pool cabana, tennis pavilion and gatehouse. 3. Driveway, pool, tennis court, and landscaping as shown and required on the Official Development Plan. 4. Water well for irrigation, subject to issuance of a permit from Santa Clara Valley Water District. 5. Uses permitted are those specified in the HR (Hillside Residential) zone by Sections 29.40.235 (Permitted Uses) and 29.20.185 (Conditional Uses) of the Zoning Ordinance, as those sections exist at the time of the adoption of this Ordinance, or as they may be amended in the future. However, no use listed in Section 29.20.185 is allowed unless specifically authorized by this Ordinance, or by a Conditional Use Permit. Page 1 of 17 ATTACHMENT I SECTION III COMPLIANCE WITH OTHER DEVELOPMENT STANDARDS All provisions of the Town Code apply, except when the Official Development Plan specifically shows otherwise. SECTION IV A recorded parcel merger and Architecture and Site Approval are required before construction work for the dwelling units is performed, whether or not a permit is required for the work and before any permit for construction is issued. Construction permits shall only be in a manner complying with Section 29.80.130 of the Town Code. SECTION V The attached Exhibit A (Map), and Exhibit B (Official Development Plans), are part of the Official Development-Plan. The following conditions must be complied with before issuance of any grading, or construction permits: TO THE SATISFACTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT: Planning Division 1. ARCHITECTURE AND SITE APPROVAL REQUIRED. A separate Architecture and Site application and approval is required for the new single family home and accessory structures. The Development Review Committee may be the deciding body for the Architecture and Site application provided it is in compliance with the Official Development Plans and the provisions of this Planned Development Ordinance. 2. OFFICIAL DEVELOPMENT PLANS. The Official Development Plans provided are conceptual in nature. Final building footprints and building designs shall be determined during the architecture and site approval process. 3. GREEN BUILDING. The house shall be designed to achieve compliance with GreenPoint Rated Standards for green building certification. The GreenPoint checklist shall be completed by a Certified Green Building Professional. Page 2 of 17 4. PROJECT FLOOR AREA. The house size shall not exceed 8,650 square feet and the total floor area for the overall project shall not exceed 14,700 square feet. The Director of Community Development may approve an additional accessory structure not exceeding 600 square feet for storage and maintenance equipment. No other enclosed structures other than those shown on the Official Development Plans shall be added to the site. Adjustments may be made to the size of structures through the Architecture & Site process, provided that the total allowable floor area is not exceeded. 5. ORNAMENTAL LANDSCAPING. All formal landscaping shall be confined to within 30 feet of the perimeter of the area formed by the main house, pool and cabana, and within 30 feet of other structures on the property, inclusive of the water feature. Any planting beyond these areas shall be native vegetation that is drought and fire resistant, and planted in natural clusters. 6. LANDSCAPE PLAN. A landscape plan shall be reviewed and approved with the Architecture & Site application. The landscape plan shall be reviewed to evaluate the need for additional landscape screening south of the pool and cabana to minimize long-term changes in views from existing residences to the south. 7. FENCING. Fence locations shall be reviewed and approved during the Architecture & Site review. Fencing shall be restricted to open design, as provided for in the Hillside Development Standards & Guidelines, except as necessary to provide security or enclose ornamental landscaped areas as described in condition 5 to prevent wildlife grazing. This condition does not apply to fencing along the common property line with 200 Forrester Rd. 8. MAIN RESIDENCE HEIGHT. The height of the main residence may exceed 25 feet in the limited locations shown on the elevations included with the Official Development Plans. 9. ACCESSORY STRUCTURE HEIGHT. The height of the art studio shall not exceed 21 feet (excluding the 2'9" cupola). All other accessory structures shall not exceed 15 feet. 10. SETBACKS. The minimum building setbacks are those specified by the HR zoning district. 11. HORSES. Horses are allowed on the property in compliance with Town Code provisions for horses. The art studio building may be used as an animal barn. Page 3 of 17 12. EXTERIOR LIGHTING. All exterior lighting shall be reviewed and approved as part of the Architecture & Site review(s) and shall comply with the Hillside Development Standards & Guidelines. Shielded lighting shall be shielded down directed and shall not reflect or encroach onto neighboring properties. Shielded flood lights on motion detectors may be installed only if it can be demonstrated that they are clearly needed for safety. 13. COLOR REFLECTIVITY DEED RESTRICTION. Prior to the issuance of a building permit, a deed restriction shall be recorded by the applicant with the Santa Clara County Recorder's Office that states that all exterior paint colors shall not exceed a light reflectivity value of 30, shall blend with the natural color of the vegetation that surrounds the site, and shall be maintained in conformance with the Town's Hillside Development Standards as may be amended by the Town. 14. TREE REMOVAL PERMIT. A Tree Removal Permit shall be obtained for the removal of any ordinance protected tree prior to the issuance of a Building, Grading or Encroachment Permit. 15. TREE PROTECTION. 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 to issuance of a grading and/or building permit. 16. TREE PRESERVATION MEASURES. Tree preservation measures shall be shown on the construction management plan. 17. **BIOLOGICALRESOURCES MITIGATION MEASURE-1. The project applicant shall implement all recommendations made by the Town's consulting arborist, Arbor Resources, in reports dated February 10 and July 27, 2006 and October 3, 2007, as well as any updates. 18. "BIOLOGICAL RESOURCES MITIGATION MEASURE-2. Replacement trees shall be planted for trees that are removed at a three to one ratio. The applicant shall submit a Tree Replacement and Enhancement Plan prepared by a qualified restoration ecologist. The plan Page 4 of 17 shall be peer reviewed by a restoration ecologist selected by the Town and shall be implemented by the applicant prior to final inspection for the main residence. Replacement plantings shall include a range of tree sizes, appropriate irrigation and periodic monitoring to ensure successful re-vegetation. Specific guidelines for replanting locations and percent tree cover shall be provided by the plan. Candidate locations shall include graded portions of the project site to provide long term slope stabilization as well as habitat replacement. 19. OPEN SPACE/CONSERVATION EASEMENT. An open space/conservation easement shall be dedicated over the property. The easement may allow uses approved under the Planned Development, including all improvements shown on the Official Development Plans, native pathways and landscaping, trails to satisfy Hillside Specific Plan requirements, and any other improvement determined to be appropriate by the Director of Community Development. The specific uses and improvements that will be allowed shall be determined through the development of the easement document which shall be recorded prior to issuance of an occupancy permit. Building Division 20. PERMITS REQUIRED: A building permit shall be required for the construction of the new single family residence, accessory structures, site retaining walls, tennis court, pond and pool. 21. CONDITIONS OF APPROVAL: The Conditions of Approval must be blue-lined in full on the cover sheet of the construction plans. 22. ADDRESS/HOUSE NUMBER: Submit requests for new address/house number to .the Building. Division prior to the building permit application process. 23. SOILS REPORT: A soils report, prepared to the satisfaction of the Building Official, containing retaining wall and pad foundation 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). Page 5 of 17 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 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. On-site retaining wall location b. Finish floor elevation c. Foundation corner locations 25. RESIDENTIAL TOWN ACCESSIBILITY STANDARDS. The residences shall be designed with adaptability features for single-family residences per Town Resolution 1994-61. a. Wooden backing (no smaller than 2-inches by eight-inches) shall be provided in all bathroom walls at water closets, showers and bathtub, located at 34-inches from the floor to the center of the backing, suitable for installation of grab bars. b. All passage doors shall have at least 32-inches wide on the accessible floor. C. Primary entrance shall have a 36-inch wide door including a five foot by five foot level. landing no more than one-inch out of plane with the immediate interior floor level, with an 18-inch clearance at interior strike edge. d. Door buzzer, bell or chime shall be hard wired. 26. 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. 27. SPECIAL ENVIRONMENTAL DESIGN FEATURES. The following features shall be incorporated into the project: a. A minimum of 25% of the hardscape shall be of pervious material(s), b. Title 24 shall be exceeded by at least 3 0%. Page 6 of 17 C. Solar power generation shall be included. d. Irrigation shall be provided by an on-site well. e. The possibility of geothermal climate control shall be explored. 28. TITLE 24 ENERGY COMPLIANCE. California Title 24 Energy Compliance forms CR- IR and MF-IR shall be printed on the construction plans. 29. HAZARDOUS FIRE ZONE. This project requires Class A roofing assembly. 30. TOWN FIREPLACE STANDARDS. New fireplaces shall be EPA Phase II approved appliances per Town Ordinance 1905. Tree limbs within 10 feet of chimneys shall be cut. 31. PLANS:.The construction plans shall be prepared under the direct supervision of a licensed architect or engineer. (Business and Professionals Code Section 5538). 32. NON-POINT SOURCE POLLUTION STANDARDS. The Town standard Santa Clara Valley Non-point Source Pollution Control Program specification sheet shall be part of plan submittal. The specification sheet is available at the Building Division service counter. 33. APPROVALS REQUIRED: The project requires the following agencies approval before issuing a building permit: a. Community Development: Suzanne Davis at 3546875 b. Engineering Department: Fletcher Parsons at 395-3460 G, Santa Clara County Fire Department: (408) 378-4010 d. West Valley Sanitation District: (408) 378-2407 e. Local School District: Contact the Building Service Counter for the appropriate school district and to obtain the school form. TO THE SATISFACTION OF THE DIRECTOR OF PARKS & PUBLIC WORKS: Engineering Division 34. "GEOLOGY AND SOILS MITIGATION MEASURE-1. The project design shall incorporate all applicable recommendations in UPP Geotechnology, Inc.'s geotechnical investigation (March 17, 2006 and March 13, 2008) for the proposed project in order to minimize the potential impacts resulting from regional seismic activity and soil engineering constraints. Page 7 of 17 35. LIMITS OF DISTURBANCE. The limits of ground surface disturbance, including disturbance required for site grading, utility construction, retaining wall construction, or construction of structures shall be restricted to the areas shown on the PD plans. 36. GRADING PERMIT. A grading permit is required for site grading and drainage. The grading permit application (with grading plans) shall be made to the Engineering Division of the Parks & Public Works Department located at 41 Miles Avenue. The grading plans shall include final grading, drainage, retaining wall location, driveway, utilities and interim erosion control. Grading plans shall list earthwork quantities and a table of existing and proposed impervious areas. The grading permit is for work outside the building footprint(s). A separate building permit, issued by the Building Department on E. Main Street is needed for grading within the building footprint. 37. PHASED GRADING. Two grading phases will be allowed. A separate grading permit is required for each phase. The initial grading permit shall consist of rough grading and may be issued prior to issuance of a building permit. The rough grade permit shall identify finished grades in landscape areas and shall identify pad grades within three-fect of finished grades where structures are proposed. The rough pad grades shall be lower than finished grades in areas of fill, and higher than finished grades in areas of cut. The finished grade grading plan shall identify final grades in all locations. The intent of the phased grading is to allow grading to begin prior to issuance of a building permit, yet to not over-fill or over-excavates in areas where structures are to be placed. The phasing plan shall be approved by both the Director of Parks and Public Works and the Director of Community Development. 38. UTILITY SERVICES. The new home shall be connected to the West Valley Sanitation District sanitary sewer system and to a public water system prior to issuance of a certificate of occupancy. Proof of annexation to WVSD boundaries shall be provided prior to submittal of a building permit application. 39. PRECONSTRUCTION MEETING. Prior to issuance of any permit or the commencement of any site work, the general contractor shall: Page 8 of 17 a. Along with the project applicant, attend a pre-construction meeting with the Town Staff 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. 44. RETAINING WALLS. A building permit, issued by the Building Department at 110 E. Main Street, may be required for site retaining walls. Walls are not reviewed or approved by the Engineering Division of Parks and Public Works during the grading permit plan review process. 41. ADDITIONAL S OIL TESTING. Additional laboratory tests shall be performed by UGI for site soils and rock, including plasticity limits, swell potential, and shear strength. The results of such tests shall be incorporated into foundation design recommendations. 42. 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. 43. 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. 44. SOILS ENGINEER CONSTRUCTION OBSERVATION-1. 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 Page 9 of 17 observation and testing should be documented in an "as-built" letter/report prepared by the applicant's soils engineer and submitted to the Town before final release of any occupancy permit is granted. 45. SOILS ENGINEER CONSTRUCTION OBSERVATION 2. A representative of the geotechnical engineer of record shall be present on site at all times during placement of fill. 46. TRAFFIC IMPACT MITIGATION FEE. Theproperty owner 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. 47. 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 beat 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. 48. TREE REMOVAL. Copies of all necessary tree removal permits shall be provided prior to issuance of a grading permit. 49. 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. 50. PUBLIC WORKS INSPECTIONS. The developer or his representative shall notify the Engineering Inspector at least forty-eight (48) 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. Page 10 of 17 51. 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 wall-top of wall elevations and locations b. Toe and top of cut and fill slopes 52. 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. 53. 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 Page 11 of 17 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. 54. DUST CONTROL (SITES > 4 ACRES). The following measures should be implemented at construction sites greater than four acres in area: a. Hydroseed or apply (non-toxic) soil stabilizers to inactive construction areas (previously graded areas inactive for ten days or more). b. Enclose, cover, water twice daily or apply (non-toxic) soil binders to exposed stockpiles (dirt, sand, etc.) C. Limit traffic speeds on unpaved roads to-15 mph, d. Install sandbags or other erosion control measures to prevent silt runoff to public roadways. e. Replant vegetation in disturbed areas as quickly as possible. 55. 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. All staging shall be performed within the LRDA. 56. STORM WATER MANAGEMENT PLAN. A storm water management shall be included with the grading permit application for all Group 1 and Group 2 projects as defined in the amended provisions C.3.d. of Order No. R2-2005-0035 of the amended Santa Clara County NPDES Permit No. CAS029718. The plan shall delineate source control measures and BMP's together with the sizing calculations. The plan shall be certified by a professional pre-qualified by the Town. In the event that storm water measures proposed on the Planning approval differ significantly from those certified on the Building/Grading Permit, the Town Page 12 of 17 may require a modification of the Planning approval prior to release of the Building Permit. The applicant may elect to have the Planning submittal certified to avoid this possibility. 57. AGREEMENT FOR STORMWATER BEST MANAGEMENT PRACTICES INSPECTION AND MAINTENANCE OBLIGATIONS. The property owner shall enter into an agreement with the Town for maintenance of the stormwater filtration devices required to be installed on this project by Town's Stormwater Discharge Permit No. CAS029718 and modified by Order No. R2-2005-0035. The agreement will specify that certain routine maintenance shall be performed by the property owner and will specify device maintenance reporting requirements. The agreement will also specify routine inspection requirements, permits and payment of fees. The agreement shall be recorded prior to release of any occupancy permits. 58. 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. 59. 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. 60. PRE CONSTRUCTION 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 along the full haul route within Town Limits (Kennedy Road between project site and Los Gatos Boulevard, Los Gatos Blvd, from Kennedy Road to Highway 9, and Highway 9 from Los Gatos Blvd. to Highway 17). In addition, apavement 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 post construction pavement condition survey and pavement deflection analysis to determine Page 13 of 17 whether road damage occurred as a result of project construction and whether there were changes in pavement strength. The 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 for review and approval. The Applicant shall be responsible for completing any required road repairs prior to release of the faithful performance bond. 62. 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. 63. AS-BUILT PLANS. An AutoCAD disk ofthe 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 Wail, Layer: RETAINING WALL; (d) Swimming Pool, Layer: SWIMMING- POOL; (e) Tennis Court, Layer: TENNIS-COURT; (f) Property Line, Layer: PROPERTY- LINE; (g) Contours, Layer: NEWCONTOUR. All as-built digital files must be on the same coordinate basis as the Town's survey control network and shall be submitted in AutoCAD version 2000 or higher. 64. 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 Page 14 of 17 as possible. The noise level at any point outside of the property plane shall not exceed eighty-five (85) dBA. 65. 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. The haul route for soil export shall be Kennedy Road from the project site to Los Gatos Boulevard, Los Gatos Boulevard from Kennedy Road to Highway 9 to Highway 17. 66. ENGINEERING INSPECTOR. In-lieu of the standard grading inspection fee, the applicant shall fund a full time Engineering inspector for the duration of the rough grading and soil export operations, and inspections as required during the remainder of the site work. 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 any permit. TO THE SATISFACTION OF THE SANTA CLARA COUNTY FIRE DEPARTMENT: 67. AUTOMATIC FIRE SPRINKLER SYSTEM REQUIRED. The new home and accessory structures shall be protected throughout by an approved automatic fire sprinkler system, hydraulically designed per National Fire Protection Association (NFPA) Standard #13d. 68. 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. Page 15 of 17 69. FIRE APPARATUS(ENGINE) ACCESS ROADS. Provide access roadways with a paved all weather surface and a minimum unobstructed width of 20 feet, vertical clearance of 13 feet 6 inches, minimum cirdulating turning radius of 36 feet outside and 23 feet inside, and a maximum slope of 15%. Installations shall conform with Fire Department Standard Details and Specifications A-1. 70. FIRE APPARATUS (ENGINE) TURN-AROUND. 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-1, Cul-de-sac diameters shall be no less than 72 feet. 71. TIMING OF REQUIRED ROADWAY INSTALLATIONS. Required driveways and/or access roads up through first lift of asphalt shall be inspected and accepted by the Fire Department prior to the start of construction. Bulk combustible materials shall not be delivered to the site until installations are complete. During construction emergency access roads shall be maintained clear and unimpeded. Note that building permit issuance may be withheld until installations are completed. 72. REQUIRED ACCESS TO BUILDINGS. Provide access to all portions of the residence and all accessory structures within 150 feet travel distance from fire apparatus access points. 73. PREMISE IDENTIFICATION. Approved numbers or addresses shall be placed on all new buildings in such a position as to be plainly visible and legible from Kennedy Road. Numbers shall contrast with their background. Page 16 of 17 SECTION VI This Ordinance was introduced at a regular meeting of the Town Council of the Town of Los Gatos on May 5, 2008, and adopted by the following vote as an ordinance of the Town of Los Gatos at a meeting of the Town Council of the Town of Los Gatos on , 2008 and becomes effective 30 days after it is adopted. COUNCIL MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: SIGNED: MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA N,\DLMRDSWENNEDY-ACORNMF.ADOW STC_DOC Page 17 of 17 RESOLUTION RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS MAKING FINDINGS REGARDING APPROVAL OF A REQUEST TO APPROVE A PLANNED DEVELOPMENT TO CONSTRUCT A NEW RESIDENCE, POOL, TENNIS COURT AND ACCESSORY STRUCTURES ON PROPERTY ZONED HR-21/ APNS: 537-29-007 & 008 PLANNED DEVELOPMENT APPLICATION PD-06-03 NEGATIVE DECLARATION ND-0704 PROPERTY LOCATION: KENNEDY ROAD AT FORRESTER ROAD PROPERTY OWNER ACORN TRUST APPLICANT: ROB DESANTIS WHEREAS: A. This matter came before the Town Council for public hearings on February 5, 2007, April 2, 2007, and May 5, 2008, and was regularly noticed in conformance with State and Town law. B. Council received testimony and documentary evidence from the applicant 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, Addenda and Desk Items prepared for the Council hearings on this application. C. The applicant seeks approval for a Planned Development (PD) for a large hillside property. The development includes a new residence with attached garage and guest quarters, cabana, art studio, pool, tennis court, pavilion and entry gatehouse. The total floor area of the house is 8,650 square feet and the attached garage is approximately 1,778 square feet. A 6,287 square foot cellar is also proposed and is exempt from floor area calculations. The cellar element will be completely below grade and will not appear as part of the above ground bulk and mass of the main residence. The majority of the site (approximately 75%) will be maintained in a natural state through a required open space and conservation easement. ATTACITMENT 2 D. The project is subject to the Town's Hillside Development Standards & Guidelines ("HDS&G"), from which the applicant seeks the following four exceptions: An exception to exceed the 25 foot maximum height restriction to allow a 25 foot long segment of the highest roof ridge, the highest portion of which would reach 30 feet, and two projecting elements on the rear elevation, one reaching 26 feet 10 inches, and the other reaching 25 feet 10 inches; 2. An exception from the requirement that development occur within the Least Restrictive Development Area ("LRDA") to allow portions of the tennis court, motor court, pool and cabana, which extend onto slopes greater than 30%; An exception to exceed the maximum allowable floor area of 6,000 square feet; and 4. An exception to exceed the maximum cut depth for the driveway, house and rear yard area, and the maximum fill depth for the tennis court lower fill area, the motor court and the upper knoll. E. The application was considered by the Planning Commission on September 13, 2006, which recommended denial of the project F. Council finds as follows; The zone change is internally consistent with the General Plan and its elements and the Hillside Specific Plan. The agenda reports for the Town Council and Planning Commission hearings, the Initial Study and the proposed Mitigated Negative Declaration do not identify any conflicts with the General Plan and its elements or the Hillside Specific Plan. In a memorandum to Suzanne Davis dated May 2, 2008 (May 2, 2008 Addendum to Agenda Report, Attachment 38), Geier & Geier Consulting, the Town's environmental consultant, state at pages 4 and 16 of the memorandum that Town Staff evaluated the project's consistency with these policies and determined that the project is consistent with said policies. The adoption of the HDS&G implements policies contained in the Genoral Plan and Hillside Specific Plan. While the project applicant seeks exceptions to four standards and guidelines of the HDS&G, such exceptions are contemplated in the HDS&G and are permitted under certain circumstances. Such circumstances are present in this application, including the environmentally sensitive design of the project, the layout and design of the project in relation to the existing topography, the substantial lack of visibility of the project from the valley floor (including the official "viewing platforms" designated in the HDS&G), and the potential subdivision potential of the site. 2. Based upon substantial evidence in the record as a whole, the Initial Study and the April 7, 2008 Proposed Mitigated Negative Declaration ("MND") are sufficient with regard to the potential environmental impacts associated with the project. There is no substantial evidence in the record supporting a fair argument that the project may have a significant unmitigated effect on the environment. The May 2, 2008 Geier & Geier memorandum (Attachment 38) provides a detailed response to public comments regarding the sufficiency of the environmental analysis, specifically with regard to completeness of the Environmental Checklist, the Project Description in the Initial Study, the Land Use Planning analysis, aesthetics, biological resources, grading, hydrology, and drainage, fire hazards and fire protection, transportation and traffic, air quality, cultural resources, and cumulative impacts. 3. Pursuant to the HDS&G, Council incorporates by reference as though set out in full herein, the findings for exceptions to the HDS&G regarding building height, development outside the LRDA, exceeding the allowable floor area, and exceeding maximum allowable cuts and fill depths contained on pages 3 and 4 of the Council Agenda Report dated April 29, 2008. Council also notes in this regard the project justifications provided by the applicant (April 29, 2008 Council Agenda Report, Attachment 30). The applicant has met his burden of proof to show compelling reasons to grant the requested exceptions. The exceptions actually improve the project in relation to the hillside environment. For example, one reason for additional cut and fill is to lower the house into the hillside to reduce visibility. The project, as approved, is designed to be sensitive to the hillside environment and is consistent with the overall purpose of hillside preservation embodied in the HDS&G. RESOLVED: That this resolution be incorporated into the record of Council's determination of this application as the statement of findings regarding the matters contained herein. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California on the day of May 2008, by the following vote. COUNCIL MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: SIGNED: MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: CLERK ADMINISTRATOR TOWN OF LOS GATOS, CALIFORNIA Once again, a majority of our Town Council voted to ignore adopted development standards. This time it's the Hillside Development Standards, those, I might add, that were approved during the terms of four of our sitting council members (Mayor Spector was not on the Council at the time of approval). What am I referring to? - The vote by three of the five council members to approve the DeSantis project. The only two that stood up to this erosion of our community was Mayor Spector and Vice-Mayor Wasserman. This project clearly violates the Hillside Development Standards (as pointed out in the Initial Study/Negative Declaration Documents reviewed by Council). These Standards were developed by a committee I worked on for almost a year, was approved by the Planning Commission and adopted by the Town Council. These standards were developed to prevent a DeSantis-like project from destroying and dominating the Los Gatos hillsides, turning them into "LA hills look alikes". I hold out no hope that this Council will reconsider its stance, I only ask that you, the Los Gatos voter, ask potential Council Candidates about their views regarding similar types of projects. From this day forward, the DeSantis project should be held as the litmus test to identify those who care about Los Gatos and our environment, and not just talk about it. Paul Dubois 121 Altura Vista Los Gatos (408) 354-8787 MO 15 2006 TOWN OF LOS GAIOS CLERK DEPARTMENT ATTACHMENT 3 To: Honorable Mayor Barbara Spector and Town Council Subject: PD-06-03, ND-07-04 DeSantis Project at Kennedy and Forrester Roads P 1 2008 5 • ~Su_.R.O TOWN ~ ~U:S CAA I OS CLERK DEPAi?TINPIENr Please include the following with the Agenda Report for the May 19, 2008 meeting. I also request that these be placed in the public record for this project. Thank you, Lee Quintana 5 Palm Ave Los Gatos, Ca. 95030 Attachments: Project Overview PD-06-03 Table Summary of Project PD-06-03 Figure: Evolution of Project ATTACHMENT 4 PROJECT OVERVIEW PROJECT: The project is a request for a Planned Development Zoning (PD1-06-03), for a zone change from HR-2 _ to HR-2 _:PD on 13.7 acres. The project will result in the construction of an approximately 20,500 square foot residential complex including an 11,567 sq. ft. main structure (plus a 6, 287 sq. ft. cellar) and various accessory structures. APN's (537-29-007 & 008) (one legal parcel) GENERAL PLAN DESIGNATION: Hillside Residential (HR) ZONING: Hillside Residential HR-2 _ (2 -to 10 acres per dwelling unit) PROJECT LOCATION: The project is located on the north side of Kennedy Road approximately 200 feet east of Forrester Road in the foothills miles north east of downtown Los Gatos. SUBSEQUESNT PERMITS AND ACTIONS: Subsequent permits and actions, include but are not limited to, an Architectural and Site Application, Tree Removal Permits, Grading Permits, SCVW© New Well Permit, annexation to the West Valley Sanitation District and creation of an open space easement and lot merger. SITE HISTORY: The site was part of the 1978 16 lot Maslesa Subdivision (aka Kennedy Estates). It is the last parcel in the subdivision to be developed. EXISTING SITE CHARTERISTICS: The site has moderate to steep hillsides with an average slope of 39.2% and elevations ranging between 520' and 750'. There is an east to west trending ridge, a previous graded pad on central eastern part of the ridge and various dirt roads. Oak woodlands interspersed with generally large treeless grassland areas characterize the site. Seventy five per cent of the site's 600 trees are located in the steeper southern half of the site. All but a few of the trees are oaks. The main constrains to development of the site are its proximity to earthquake fault zones, colluvium covered swales, and drainage; visibility, change in the natural character of the site; and potential loss of natural open space, wildlife habitat and impact on wildlife movement corridors. EFFECT OF PROPOSED DEVELOPMENT: The PD zoning approved and subsequent Architecture and Site approval would result in the construction of a approximately 20,500 square feet development, including all structures and a cellar. A Condition of Approval has been added to the project to allow a maximum of 14,700 square feet above space and would limit the residence to less than 8,650 sq. ft. The 8,650 sq.ft. does not include the attached garage and guesthouse, which are countable floor area per the HDS&G. The PD Zoning as approved would allow the development of a 11,676 square foot two story main structure that would include a 8,650 sq. ft. residence with a 1148 sq. ft. attached guesthouse above a 1778 sq. ft. attached garage, and a 6287 sq. ft. cellar. The total square footage of the main structure would be 18,960sq. ft. including the cellar. Accessory structures would total 1,700 sq feet. Accessory structures would include a cabana (840 sq. ft.), art studio (600 sq. ft.), tennis pavilion (120 sq. ft.), gatehouses (140 sq. ft.), trash enclosure, and storage shed (600 sq. ft. maximum not currently show on the Official Development Plans). Given a maximum floor area of 14,700 provided in the PD zoning (condition#4) approximately 800 could potentially be added to the project. Other features would include 11 retaining walls equal to 1600 linear feet, a 950 foot long driveway incorporating a bridge, fire truck turnaround and motor court, a pool and spa, tennis court, large series of ponds connected by cascading waterfalls, a new well (for landscaping), extensive areas of ornamental landscaping/turf, and extension of utilities onto the site, The proposed development would result in substantial changes to the existing topography over approximately 3.46 acres of the site. The project would require extensive grading resulting in 36,000 cubic yards of earthwork (22,200 CY cut, 14,640 CY fill, 7,560 CY export), would create two large flat pads, one for the main structure, pool, cabana and extensive yard, and one for the tennis court. Maximum cut and fill depths would be 23' and 16' respectively. The central portion of the ridge will be lowered up to 23' to maintain the required maximum 15% grade for the driveway. The project would directly or indirectly impact approximately 49 trees. Developed portions of the site will be visible to nearby neighbors and adjacent hillsides. The site is located on a highly visible hillside form Blossom Hill and Los Gatos Blvd. CONSISTENCY WITH THE TOWN'S DEVELOPMENT STANDARDS AND GUIDELINES: The proposed project exceeds the maximum allowed floor area of 6000 square feet for all development on the site (excludes cellar but includes main structure and accessory structures), the maximum building height, extends beyond the Lease Restrictive Development by.63 acres, and exceeds the maximum allowed cut and fill depths in 9 of 12 categories, many by between 300% to 500%. In addition the project does not meet numerous other standards of the HDSD, including, but not limited to, standards for site selection and site planning. Of particular note is Ill. Site Planning A. Grading. Standard 1. (p.17 Hillside Development Standards and Guidelines) Much of the above information is also summarized in table form below on the next page. TABLE SUMMARY OF PROPOSED PLANNED DEVELOPMENT ZONING PD-0603 13.7 acres 39.2% average slope 600 trees (almost all oaks) 143 trees in area of proposed development Total floor area approved by Council: 14,700 sq.ft. (not including cellar) Total currently approved by PD Zoning 13,867 sq. ft. Additional square footage possible 833 Sq, ft Total construction 20,163 sq.ft. (including cellar) Main structure 11,576 sq. (17,863 with cellar) House or residence 8,650 sq.ft. Attached garage Attached guesthouse Cellar Accessory Structures Cabana Art Studio Tennis Pavilion Gatehouses Shed Other features 1,778 sq.ft. 1,148 sq.ft. 6,287 sq.ft. 2,300 sq.ft. 840 sq.ft. 600 sq.ft. 120 sq.ft. 140 sq, ft. 600 sq. ft Extensive ponds with cascading water falls Bridge over driveway Pool and spa Tennis court New well for irrigation Driveway (950' long), motor court, fire turnaround Retaining walls -11 totaling 1,600 linear feet Extensive formallornamental landscaping and turf areas Project would result in: Grading Volumes Total Cut Fill Off-haul Maximum Grading Depths Maximum Cut Maximum Fill Disturbed area Disturbed X30% slope Hardscape Forma/ornamental landscaping Area covered 36,840 cy 22,200 CY 14,640 CY 7,560 CY 23 feet (not counting cellar) (at main structure) 16 feet (at tennis court) 3.46 acres .63 acres +l-46,000 sq.ft. Approximately 25% permeable 1+ acre (based on Condition#5) J nA 1 f _ 1 w U O 00 0 N r-, too ff_ } , 4mg W H R ~ 1 O V O a' o V W ~R t V ~Yl ,h Suzanne Muller 155 Sunrise Drive Woodside, CA 94062 TOw~i L~r Ob GA l ub CLERK DEPARTMENT May 16, 2008 Honorable Mayor Barbara Spector and Town Council Town Of Los Gatos 10 E. Main Street Los Gatos, California 95032 Subject: PD-06-03 and ND DeSantis Project Kennedy and Forrester Roads Dear Mayor Spector and members of the Town Council, I served on the Planning Commission and on the Architectural and Hillside Standards Committee during the time the Hillside Standards and Guidelines were developed. I also served on the General Plan Task Force during the update of the Town's current General Plan. The Hillside Standards committee worked diligently to protect the Los Gatos hillsides from overly ambitious projects that would be incongruous with the natural environment, natural character, viewshed and resources {e.g., water}. The DeSantis project is the antithesis of this intent, and I am surprised and dismayed that such a project has been approved. While I no longer live in Los Gatos, the Town still holds a very special place in my heart. I believe that the values and intentions behind the Hillside Standards are still at least as valid today, and hope that this project can be brought more in alignment with them. Most respectfully, Suzanne Muller ATTACHMENT 5