23 Staff Report - 20105 Foster RoadMEETING DATE: 06/15/09
t ITEM NO.
• COUNCIL AGENDA REPORT
DATE: May 29, 2009
TO: MAYOR AND TOWN COUNCIL
FROM: GREG LARSON, TOWN MANAGER
SUBJECT: CONSIDER AN APPEAL OF A PLANNING COMMISSION DECISION
DENYING THE CONSTRUCTION OF A NEW SINGLE FAMILY RESIDENCE
ON PROPERTY ZONED HR-21/2:PD. APN 537-33-003. ARCHITECTURE &
SITE APPLICATION S-08-87: 20105 FOSTER ROAD. PROPERTY OWNER:
MICHAEL & SHARON HSING. APPLICANT/APPELLANT: BILL CHIOCCHI.
RECOMMENDATION:
1. Open and hold the public hearing and receive public testimony.
2. Close the public hearing.
3. Uphold the Planning Commission's decision to deny Architecture & Site application S-08-87
(motion required).
4. Refer to the Town Attorney for the preparation of the appropriate resolution if approved or
denied (no motion required).
If the Town Council determines that the Planning Commission's decision should be reversed or
modified relative to the appeal:
1. The Council needs to find one or more of the following:
(1) Where there was error or abuse of discretion onthe part of the Planning Connnission;
or
(2) The new information that was submitted to the Council during the appeal process
was not readily and reasonably available for submission to the Commission; or
P
PREPARED BY: Xendie R. Rooney, Director of Community Development
Reviewed by: b Assistant Town Manager Town Attorney Clerk Finance
Community Development Revised: 5/29/09 3:03 PM
Reformatted: 5130102
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: APPEAL FOR 20105 FOSTER ROAD; FILE #S-08-87.
June 10, 2009
(3) An issue or policy over which the Commission did not have discretion to modify or
address, but which is vested in the Council for modification or decision.
2. If the predominant reason for modifying or reversing the decision of the Planning
Commission is new information as defined in Subsection (2) above, it is the Town's policy
that the application be returned to the Commission for review in light of the new information
unless the new information has a minimal effect on the application.
3. If the appeal is granted, use the findings and consideration of the Architecture and Site
applications (Attachment 1), and the conditions in Attachment 2. Conditions may be
modified as appropriate.
4. Refer to the Town Attorney for preparation of the appropriate resolution(s).
BACKGROUND:
The 2.53 acre property is one of six hillside lots in the McCarthy Planned Development (PD). The
PD was approved by the Town Council in 2001. To date the home on lot 5 has been completed, a
new residence is under construction on lot 2, and plans have been approved for a new residence on
lot 6. The applicant's property has two Assessor's parcel numbers but includes only one building
site (see Attaclunent 9).
Approved homes on lots 2 and 6 were required to comply with the 18 foot height limit imposed on
visible building sites pursuant to the Hillside Development Standards & Guidelines (HDS&G). The
applicant was advised of this requirement, however, he believes that his property does not meet the
criteria that results in limiting the structure height to 18 feet. Staff disagreed and forwarded the
application to the Planning Commission for a determination on whether the 18 foot height maximum
should be applied to the property. Story poles were installed to assist the Commission and staff in
evaluating the visibility of the proposed residence, as is typically required.
On March 11, 2009, the Commission considered the plans for a new two-story residence. The
Commission continued the matter to April 22, 2009 and directed the applicant to redesign the house
with an 18 foot height limit.
The applicant did not wish to redesign the house and returned to the Commission on April 22, 2009
having made no changes to the plans. The Commission determined that the proposed residence
would be visible from locations other than the defined viewing platforms pursuant to HDS&G
section II.B.1.5. and denied the application based on non-conformance with the HDS&G. Verbatim
transcripts of the Planning Commission meetings are included as Attachments 5 and 7. The
applicant appealed the Planning Commission's decision on April 27, 2009 (see Attaclnnent 4).
PAGE 3
MAYOR AND TOWN COUNCIL
SUBJECT: APPEAL FOR 20105 FOSTER ROAD; FILE #S-08-87.
June 10, 2009
The application has not been deemed complete as plan deficiencies provided by staff to the applicant
on September 12, 2008 have not all been addressed. The deficiencies include revision of the grading
and drainage plan and provision of a landscape plan. Should the appeal be granted and the
application be approved, the applicant will need to complete these plans before submitting
construction plans for building plan check (conditions #11 and #67).
PROJECT SUMMARY:
The applicant is proposing to construct a two-story 5,531 square foot two-story residence with all
839 square foot attached three-car garage. The project site is located on the cul-de-sac at the upper
(southerly) terminus of Foster Road, within the McCarthy PD (see location map; Exhibit I to
Attachment 8). A new single story home is under construction on lot 2, immediately adjacent to the
project site. The home on lot 5 cannot be seen from the street. No other residences are located in the
immediate vicinity of the site, although a one story residence has been approved for lot 6.
DISCUSSION:
Architecture & Site
The Consulting Architect reviewed the proposed plans and commented that the house is well
designed. A recommendation to extend the first floor element on the east side of the house to meet
the roof of the covered deck can be incorporated when construction plans are developed. Given the
concern about a two-story home on this site, the Consulting Architect prepared a rough study and
determined that a one-story home of a similar size could be designed for the site. It is the Architect's
opinion that the architectural style would lend itself very well to a one-story design (see Exhibit 6 to
Attachment 8).
Neighborhood Compatibility
A home size and FAR comparison has not been provided since the PD is a separate project that does
not relate directly to any of the homes around the periphery of the development due to the size of the
properties and topographical separations. Lot sizes within the PD range from 1.05 to 9.57 acres.
Home and garage sizes are shown in the table below. Lots 1 and 4 have no pending or approved
plans.
lot
parcel size
house size
garage sire
2
1.05 ac
5,061
872
3
2.53 ae
51531
839
5
9.57 ac
8,309
1,600
6
3.83 ac
5,114*
811
`excludes 1,993 square foot below grade cellar
PAGE 4
MAYOR AND TOWN COUNCIL
SUBJECT: APPEAL FOR 20105 FOSTER ROAD; FILE #S-08-87.
June 10, 2009
Visibility
It was previously determined that the home sites on lots 2 and 6 were visible; the applicant's property
is located just behind lot 2 with the building pad at a higher elevation. The building site is exposed
on the northerly and westerly sides. Staff believes the proposed residence will be visible from the
valley floor and directed the applicant to modify the plans to a one story design, not to exceed 18
feet. The Hillside Development Standards & Guidelines (HDS&G) define a visible home as a
residence where more than 25% of an elevation can be seen from any of the Town's established
viewing platforms. Based on the HDS&G goal of achieving design excellence, fostering sustainable
development and preserving the natural environment consistent with the Town's vision for its
hillside, staff felt that the home site and the current two-story design will be visible enough
throughout various locations in the Town to warrant the 18 foot height limitation.
As stated in its forward, "The goal of the Hillside Development Standards and Guidelines (HDS&G)
is to achieve design excellence, foster sustainable development and preserve the natural environment
consistent with the Town's vision for its hillsides." (HDS&G, Forward, p. 5). The objectives of the
HDS&G include: "[m]aintain the natural appearance of the hillsides from all vantage points
including the valley floor";" [e]nsure that development does not doininate, but rather visually blends
and achieves hannony between the natural and built environment"; and "[i]ncorporate the above
objectives in a development's overall site plan." (HDS&G, chap. 1, sec. E, p. 9, emphasis added).
The HDS&G includes the following standard: "Reduce visual impact. The visual impact of
buildings or portions of buildings that can be seen from the viewing platforms shall be mitigated to
the greatest extent reasonable by reducing the height of the building or moving the structure to
another location on the site. Providing landscape screening is not an alternative to reducing building
height or selecting a less visible site." (HDS&G, chap. II, sec. C4, p. 15).
A "visible home" is defined in the HDS&G as: "[a] single farnilyresidence where 25% or more of an
elevation can be seen from any of the Town's established viewing platforms." (HDS&G, Glossary,
p. 71). "Viewing platforms" are defined as: "[s]pecific locations on the valley floor or surrounding
hillsides selected as vantage points from which field observations are made to assess the visual
impact of development within the Town's hillside areas." (HDS&G, Glossary, p. 71).
A view analysis is conducted under the HDS&G as follows: "Each development project with the
potential for being visible from any established viewing platform shall be subject to a view
analysis. ("Potential" is defined as capable of being seen fiom a viewing platform if trees or large
shrubs are removed, significantly pruned, or impacted by construction.) The view analysis shall be
conducted in compliance with established Town procedures using story poles that identify the
building envelope. After installing the story poles, the applicant shall take photographs of the project
from appropriate established viewing platforms that clearly show the story poles and/or house and
PAGE 5
MAYOR AND TOWN COUNCIL
SUBJECT: APPEAL FOR 20105 FOSTER ROAD; FILE #S-08-87.
June 10, 2009
subject property. Visual aids such as photo simulations or three dimensional illustrations and/or a
scale model may be required when it is deemed necessary to fully understand the impacts of a
proposed project." (HDS&G, chap. 11, sec. B1, p. 13, emphasis added).
The established viewing platforms are identified as four specific locations and a fifth identified as:
"Other location(s) as deemed appropriate by the deciding body." (HDS&G, chap. 11, sec. B1, p. 13).
As viewed from the Los Gatos Boulevard/Blossom Hill Road platform, the story poles are partially
visible undercurrent conditions. The applicant is relying entirely on trees located off the project site
to screen the home when they assert that the house will not be visible. Since the trees are not located
on his property, the applicant does not have any control over their maintenance or longevity.
Over 25% of the home would be potentially visible from the Los Gatos Boulevard/Blossom Hill
Road platform if the existing trees and vegetation were removed or discounted, as per the HDS&G
section previously cited. Further, staff identified and the Planning Commission utilized additional
viewing platforms as allowed under the HDS&G that showed potential visibility of 25% or more of
the home elsewhere in Los Gatos without vegetation removal, and certainly so with vegetation
removal. The applicant has provided information and analysis directly to Council which purports to
show that the visibility of the home would be less than 25%. With this appeal, the policy discretion
is with the Council to determine visibility from the specified and/or alternative viewing platforms.
This is the first application of these specific sections of the HDS&G at the Plarming Commission and
Council level, so further consideration and direction is warranted.
Green Buildina
The project was reviewed using the Build It Green standards adopted by Town Council on June 2,
2008. It was determined that certification requirements can be met. Condition 97 requires the
project to be certified as green through evaluation using the GreenPoint checklist. The checklist
must be completed by a Certified Green Building Professional prior to issuance of building permits
(condition #8). A preliminary checklist completed by the applicant shows that the project will
exceed the minimum number of points (50) needed to achieve certification with a score of 113
points.
Trees and Landscaping
There are not any trees in close proximity to the building site. The trees that the applicant is relying
on to screen the house from the Los Gatos Boulevard/Blossom Hill Road viewing platform are below
the project site on a different property. The Town's Consulting Arborist evaluated the trees and
prepared a report. The arborist found the trees to be in varying degrees of health, but notes that most
of the trees appear viable to provide screening for the foreseeable future.
PAGE 6
MAYOR AND TOWN COUNCIL
SUBJECT: APPEAL FOR 20105 FOSTER ROAD; FILE #S-08-87.
June 10, 2009
PLANNING COMMISSION ACTION:
On March 11, 2009 the Planning Commission considered plans for a two-story residence. The
Commission continued the matter to April 22, 2009 and directed the applicant to redesign the
proposed residence to a one-story plan, not to exceed 18-feet in height. The property owners decided
not to redesign and returned to the Commission on April 22, 2009. The owners provided their
rationale for a two-story home (see Exhibit 14 of Attachment 6) and requested that the Cone nission
approve the original plans. The Commission determined that the house will be visible from various
locations, including Los Gatos Boulevard, Glen Ridge Avenue and Wood Road. The Planning
Commission determined on March It, 2009, that the house had the potential to be visible from the
Los Gatos Boulevard/Blossom Hill Road platforn and on Apri122, 2009 further determined that the
house could potentially be visible from the other locations identified through staffs field
observations, which were determined by the Commmission to be relevant to the view analysis.
The Commission denied the Architecture and Site application based on the project's inconsistency
with HDS&G section II.B.1. (View Analysis). Attachments 5 and 7 and verbatim minutes of the two
Planning Commmission hearings.
APPRAT.-
The property owners do not wish to modify the house plans to a one-story design. The owners
believe that the house will not be visible and have submitted two letters detailing the reasons (see
Exhibit 7 of Attachment 8 and Exhibit 14 of Attachment 6). The appeal is based on the applicant's
assertion that the project complies with the HDS&G and that the Commission did not follow the
Town's ordinances guidelines and policies (refer to Attachment 4).
ENVIRONMENTAL REVIEW:
An Environmental Impact Report was prepared for the McCarthy Planned Development and was
certified by the Town Council on July 2, 2001. No further enviromnerital analysis is required for the
individual lot development. In addition, the proposed proj ect complies with the requirements for a
categorical exemption pursuant to Section 15303(a) of the State Environmental Guidelines.
CONCLUSION:
If the Council agrees that the Planning Conunission made the appropriate decision, the appeal should
be denied. The Architecture and Site application maybe denied or returned to the Cornlnission with
direction to the application for redesign.
The following actions should be taken to grant the appeal and approve the Architecture and Site
application:
PAGE 7
MAYOR AND TOWN COUNCIL
SUBJECT: APPEAL FOR 20105 FOSTER ROAD; FILE #S-08-87.
June 10, 2009
1. Make one or more of the three findings required to reverse a Plamling Commission decision
(see recommendation section).
2. Find that the project is categorically exempt pursuant to Section 15303 of the California
Environmental Quality Act (Attachment 1);
3. Find that the project is consistent with the Hillside Development Standards &Guidelines,
Hillside Specific Plan and Planned Development Ordinance 2088 (Attachment 1);
4. Find that the project is consistent with the considerations for approval (Attachment 1) of
Architecture and Site applications (Attachment 1); and
5. Approve Architecture and Site application S-08-87 subject the conditions in Attachment 2
and as shown in the development plans (Attachment 3).
FISCAL IMPACT: None
Attaclunents:
1. Required Findings & Considerations (four pages)
2. Recommended Conditions of Approval (eight pages)
3. Applicant's packet, inclusive of development plans (13 sheets), received March 5, 2009
11. Letter from Joe McCarthy, McCarthy Land Development (three pages), received June 11,
2009
Previously received under separate cover:
4. Appeal Statement (one page), filed April 27, 2009
5. April 22, 2009 Planning Commission Minutes (23transcribed pages)
6. April 22, 2009 Planning Commission report with Exhibits 10-14
7. March 11, 2009 Planning Commission Minutes (30transcribed pages)
8. March 11, 2009 Planning Commission report with Exhibits 1-8
9. Map of McCarthy Plamled Development (one page)
10. Applicant's packet, received June 5, 2009
Distribution:
Bill Chiocchi, 19680 Old Santa Cruz Hwy., Los Gatos, CA 95033
Michael & Sharon Hsing, 19850 Lanark Lane, Saratoga, CA 95070
Eugene Sakai, AIA, Studio S Squared, 19 N. 2nd Street, Suite 205, San Jose, CA 95113
WRR:SD
N:10EV~SUZANNEICOUN(3LIRFPORTSXFWD. TO MAPPEALSWOSTER20105MOC
TOWN COUNCIL - JUNE 15, 2009
REQ UIRED FINDINGS & CONSIDERATIONS FOR:
20105 Foster Road
Architecture and Site Application S-08-087
Requesting approval to construct a single family residence on vacant property zoned HR-2%2:PD.
APNs 537-33-003 & 004.
PROPERTY OWNER: Michael & Sharon Hsing
APPLICANT: Bill Chiocchi
FINDINGS:
Required compliance with Hillside Development Standards & Guidelines:
That the project is in compliance with the Hillside Development Standards & Guidelines.
Required compliance with Hillside Specific Plan:
That the project is in compliance with the Hillside Specific Plan.
Required compliance with Planned Development Ordinance 2088:
■ That the project is in compliance with the PD Ordinance governing the project site.
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.
a. Any proj ect or development that will add traffic to roadways and critical intersections
shall be analyzed, and a determination made on the following matters:
1. The ability of critical roadways and major intersections to accornlnodatc
existing traffic;
2. Increased traffic estimated for approved developments not yet occupied; and
ATTACMIENT 1
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) anal/or intersection(s) causing the
roadway(s) and/or intersection(s) to exceed their available capacities.
Any project receiving Town determination subsection (1)b.1. may proceed.
Any project receiving Town determination subsection (1)b.2, must be
modified or denied if the deciding body deter-nines that the impact is
unacceptable. Iii determining the acceptability of a traffic impact, the
deciding body shall consider if the project's benefits to the coimnunity
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 maybe 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
storage areas, utility installations, parking lots or unsightly development; the planting of
ground cover or other surfacing to prevent dust and erosion; and the unnecessary destruction
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 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 enviromnent 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 of a hazardous waste management facility. A
hazardous waste facility shall not be located closer than five hundred (500) feet to any
residentially zoned or used property or any property then being used as a public or private
school primarily educating persons under the age of eighteen (18). An application for such a
facility will require an environmental impact report, which maybe focused through the initial
study process.
N:WEV lEi[ NDINGSIS ANTARO SA520. DOC
TOWN COUNCIL JUNE 15, 2008
CONDITIONS OF APPROVAL
20105 Foster Road
Architecture and Site Application S-08-087
Requesting approval to construct a single family residence on vacant property zoned HR-T/2 TD.
APNs 537-33-003 & 004.
PROPERTY OWNER: Michael & Sharon Hsing
APPLICANT: Bill Chiocchi
TO THE SATISFACTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT:
Planning Division
1. APPROVAL: This application shall be completed in accordance with all of the
conditions of approval listed below and in substantial compliance with the plans
approved on April 22, 2009 and noted as received by the Town on March 4, 2009. Any
changes or modifications to the approved plans shall be approved by the Conlinunity
Development Director or the Planning Commission depending on the scope of the
changes).
2. EXPIRATION OF APPROVAL: The Architecture and Site application will expire two
years from the date of the approval pursuant to Section 29.20.335 of the Town Code,
artless the approval is used prior to expiration.
3. TOWN INDEMNITY. Applicants are notified that Town Code Section 1.10.115 requires
that any applicant who receives a permit or entitlement from the Town shall defend,
indemnify, and hold harmless the Town and its officials in any action brought by a third
party to overturn, set aside, or void the permit or entitlement. This requirement is a
condition of approval of all such permits and entitlements whether or not expressly set
forth in the approval, and may be secured to the satisfaction of the Town Attorney.
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 the issuance of a building permit, a deed restriction
shall be recorded by the applicant with the Santa Clara County Recorder's Office that
requires all exterior paint colors to be maintained in conformance with the Town's
Hillside Development Standards.
6. ARCHITECTURE. The house shall be redesigned to a one-story design, not to exceed
18 feet, to the satisfaction of the Director of Community Development with input from
the Consulting Architect.
7. 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. The outdoor lighting plan can be reviewed during building plan
check. Any changes to the lighting plan shall be approved by the Plain-ling Division prior
to installation.
8. 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 1 of 9 ATTACflMM 2
9. FENCING. Any fencing to be constructed in the site shall be in compliance with the
Hillside Development Standards & Guidelines.
10. STORY POLES. The story poles on the project site shall be removed within 30 days of
approval of the Architecture & Site application.
11. LANDSCAPE PLAN. A landscape plan shall be submitted for review and approval,
prior to acceptance of plans for building plan check. Any non-native species shall be
confined to areas within 30 feet of the house.
12. PLANNED DEVELOPMENT ORDINANCE. All conditions of Planned Development
Ordinance 2088 shall be complied with unless modified by conditions contained herein.
Building Division
13. PERMITS REQUIRED: A building permit is required for the demolition of the existing
single family residence and construction of the new single family residence and accessory
structure. Separate permits are required for electrical, mechanical and plumbing work as
necessary.
14. APPLICABLE CODES. The project shall conform to the 2007 California Building, Fire,
Mechanical, Electrical, and Plumbing Codes. The CC's are based on model codes; 2006
International Building Code and Fire Code and 2006 Uniform Plumbing and Mechanical
Codes and the 2005 National Electrical Code.
15. SIZE OF PLANS: Four sets of construction plans, maximum size 24" x 36."
16. 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.
17. 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 (California Building Chapter 18).
18. SHORING. Shoring plans and calculations will be required for all excavations that
exceed four (4) feet in depth or that 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 to Cal/OSHA regulations.
19. FOUNDATION INSPECTIONS. A pad certificate prepared by a licensed civil engineer
or land surveyor may be required to be submitted to the project building inspector at
foundation inspection. This certificate sball 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
d. Retaining Walls
Page 2 of 9
20. RESIDENTIAL TOWN ACCESSIBILITY STANDARDS: The residence shall be
designed with adaptability features for single family residences per Town Resolution
1994-61:
a. Wooded 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 a 36-inch wide door including a 5'x5' level landing, no
more than I-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 at primary entrance
21. TITLE 24 ENERGY COMPLIANCE. California Title 24 Energy Compliance forms CF-
1R, MF-IR, and WS-511 inust be blue-lined on the plans.
22. 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
(WVSD) requires backwater valves on drainage piping serving fixtures that have flood
level rims less than 12-inches above the elevation of the next upstream manhole.
23. SPECIAL INSPECTIONS. When a special inspection is required by CBC 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 at www.losgatosca.gov/building.
24. TOWN FIREPLACE STANDARDS. New wood burning fireplaces shall be an EPA
Phase II approved appliance as per Town Ordinance 1905. Tree limbs within 10 feet of
chimneys shall be out.
25. FIRE HAZARD ZONE. The project requires a Class A roof assembly.
26. WILDLAND URBAN INTERFACE. This project is in a Wildlife Urban Interface Fire
Area and must comply with Chapter 7A of the 2007 California Building Code.
27. DEFENSIBLE SPACE. A Defensible Space/Fire Break Landscape plan prepared by a
California licensed architect shall be provided. The plan shall be in conformance with
the California Public Resources Code 4291 and California Government Code Section
51182.
28. LANDSCAPE CERTIFICATION. A letter from a California licensed architect
certifying that landscaping and vegetation clearance requirements have been completed in
compliance with California Public Resources Code 4291 and California Government
Code Section 51182 shall be provided prior to final inspection.
29. 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.
30. APPROVALS REQUIRED: The project requires the following departments and
agencies approval before issuing a building permit:
a. Community Development - Planning Division: Suzanne Davis at 354-6875
b. Engineering/Parks & Public Works Department: Fletcher Parsons at 395-3460
C. Santa Clara County Fire Department: (408) 378-4010
Page 3 of 9
d. West Valley Sanitation District: (408) 378-2407
C. Local School District: The Town will forward the paperwork to the appropriate
school district(s) for processing. A copy of the paid receipt is required prior to
pennit issuance
TO THE SATFISFATION OF THE DIRECTOR OF PARKS &PUBLIC WORKS
Engineering Division
31. GENERAL. All public improvements shall be made according to the latest adopted
Town Standard Drawings and the Town Standard Specifications. All work shall confonn
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.
32. ENCROACHMENT PERMIT. All work in the public right-of-way, public easements or
on lands to be dedicated to the Town of Los Gatos upon completion of the improvements
will require a Construction Encroachment Permit. All work over $5,000 will require
construction security. The encroachment permit shall be obtained prior to the start of
said work. The permit fees will be determined per the current adopted development fee
schedule.
33. 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.
34. 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
35. GRADING PERMIT. A grading permit may be 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. 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.
Page 4 o f 9
36. TRENCHING MORATORIUM. Trenching within a newly paved street will be allowed
subject to the following requirements:
a. The Town standard "T" trench detail shall be used.
b. A Town approved colored controlled density backfill shall be used.
C, The total asphalt thickness shall be a minimum of 3-inches or shall match the
existing thickness, whichever is greater. The final lift shall be 1.5-inches of half
inch medium asphalt. The initial lift(s) shall be of three quarter inch medium
asphalt.
d. The Contractor shall schedule a pre-paving meeting with the Town Engineering
Construction Inspector the day the paving is to take place.
e. A slurry seal topping may be required by the construction inspector depending his
assessment of the quality of the trench paving. If required, the slurry seal shall
extend the full width of the street and shall extend 5-feet beyond the longitudinal
limits of trenching. Slurry seal materials shall be approved by the Town
Engineering Construction Inspector prior to placement. Black sand may be
required in the slurry mix. All existing striping and pavement markings shall be
replaced upon completion of slurry seal operations.
£ A separate bond for trench saw cutting and paving may be provided at the time of
building permit issuance. h-i the event such a bond is posted, the slurry seal
provision above would be waived.
37. TREE REMOVAL. Copies of all necessary tree removal permits shall be provided prior
to issuance of a grading pen-nit.
38. 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
39. SOILS REPORT. One copy of the soils and geologic 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.
40. 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.
41. 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 pen-nit is granted.
Page 5 of 9
44. PUBLIC STREET AND SIDEWALK CLOSURE. Any proposed blockage or partial
closure of the public street and or sidewalk will require an encroachment permit. Special
provisions such as limitations on works hours, protective enclosures, or other means to
facilitate public access in a safe manner may be required.
45. PAD CERTIFICATION. A letter ftom 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.
46. 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.
47. 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.
48. TRAFFIC IMPACT MITIGATION FEE (RESIDENTIAL). The developer shall pay a
proportional the project's share of transportation improvements needed to serve
cumulative development within the Town of Los Gatos. The fee amount will be based
upon the Town Council resolution in effect at the time the building permit is issued. The
fee shall be paid before issuance of a building permit. The 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.
49. 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.
50. 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
Page 6 of 9
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.
51. 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).
52. SITE DRAINAGE. Rainwater leaders shall be discharged to splash blocks. No through
curb drains will be allowed.
53. NPDES. On-site drainage systems shall include a filtration device such as a bio-swale or
permeable pavement.
54. 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.
55. 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.
56. 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.
57. SIDEWALK REPAIR. The developer shall repair and replace to existing Town
standards any sidewalk damaged now or during construction of this project. Sidewalk
repair shall match existing color, texture and design, and shall be constructed per Town
Standard Details. The limits of sidewalk repair will be determined by the Engineering
Construction Inspector during the construction phase of the project.
58. CURB AND GUTTER. The developer shall repair and replace to existing Town
standards any curb and gutter damaged now or during construction of this project. New
curb and gutter shall be constructed per Town Standard Details. The limits of curb and
gutter repair will be determined by the Engineering Construction Inspector during the
construction phase of the project.
59. DRIVEWAY APPROACH. The developer shall install 1 Town standard residential
approach. The new driveway approach shall be constructed per Town Standard Details.
Page 7 of 9
60. AS-BUILT PLANS An AutoCAD disk of the approved "as-built" plans shall be
provided to the Town prior to issuance of a Certificate of Occupancy. The AutoCAD file
shall include only the following information and shall conform to the layer naming
convention: a) Building Outline, Layer: BLDG-OUTLINE; b) Driveway, Layer:
DRIVEWAY; c) Retaining Wall, Layer: RETAINING WALL; d) Swimming Pool,
Layer: SWIMMING-POOL; e) Tennis Court, Layer: TENNIS-COURT; f) Property Line,
Layer: PROPERTY-LINE; g) Contours, Layer: NEWCONTOUR. All as-built digital
files must be on the same coordinate basis as the Town's survey control network and
shall be submitted in AutoCAD version 2000 or higher.
61. 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.
62. SANITARY SEWER BACKWATER VALVE. Drainage piping serving fixtures which
have flood level rims less than twelve (12) inches (304.8 mm) above the elevation of the
next upstream manhole and/or flushing inlet cover at the public or private sewer system
serving such drainage piping shall be protected from backflow of sewage by installing an
approved type backwater valve. Fixtures above such elevation shall not discharge
through the backwater valve, unless first approved by the Administrative (Sec. 6.50.025).
The Town shall not incur any liability or responsibility for damage resulting from a sewer
overflow where the property owner or other person has failed to install a backwater
valve, as defined section 103(e) of the Uniform Plumbing Code adopted by section
6.50.010 of the Town Code and maintain such device in a functional operating condition.
Evidence of West Valley Sanitation District's decision on whether a backwater device is
needed shall be provided prior to issuance of a building permit.
63. 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.
64. 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.
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 pan. and 6:00
p.m.). 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.
66. 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.
Page 8 of 9
67. GRADING AND DRAINAGE PLAN. The grading and drainage plans shall be revised
to include all plan deficiencies noted in the March 4, 2009 Public Works comments. The
plan shall be reviewed and approved by the Town Engineer prior to acceptance of plans
for building plan check.
TO THE SATISFACTION OF THE SANTA CLARA COUNTY FIRE DEPARTMENT;
68. REQUIRED FIRE FLOW. Required fire flow is 1,500 GPM at 20 psi, residual pressure.
69. AUTOMATIC FIRE SPRINKLER SYSTEM REQUIRED. An approved automatic fire
sprinkler system is required for the new residence and garage, hydraulically designed per
National Fire Protection Association (NFPA) Standard #13D and local ordinances. A
State of California licensed (C-16) Fire Protection Contractor shall submit plans,
calculations, a completed pen-nit application and appropriate fees to the Fire Department
for review and approval prior to beginning their work.
70. FIRE APPARATUS (ENGINE) ACCESS DRIVEWAY REQUIRED. An access
driveway with a paved all weather surface, minimum unobstructed width of 12 feet,
vertical clearance of 13 feet six inches. Installations shall conform to Fire Department
Standard Details and Specifications sheet D-1.
71. PREMISE IDENTIFICATION. Approved addresses shall be placed on all new buildings
so they are clearly visible and legible from Foster Road. Numbers shall be a minimum of
four inches high and shall contrast with their background.
NADE VSCONDITNM20091Fwer20105.doc
Page 9 of 9
MAYOR AND TOWN COUNCIL
SUBJECT: APPEAL FOR 20105 FOSTER ROAD ; FILE #S-08-87
JUNE 10, 2009
PLEASE NOTE
ATTACHMENT 3-10
ARE AVAILABLE FOR REVIEW IN THE
CLERK DEPARMENT AND THE
LIBRARY REFERENCE DESK
MCCARTHY
LAND COMPANY
June 10, 2009
VIA E-MAIL & U.S. MAIL
Mr. Mike Wasserman, Mayor
Ms. Diane McNutt, Vice Mayor
Mr. Steve Rice
Mr. Joe Pirzynski
Ms. Barbara Spector
Los Gatos Town Council
110 E. Main Street
Los Gatos, CA 95030
UN 1 ' 2009
TOWN OF LOS GATOS
CLERK DEPARTMENT
Re: 20105 Foster Road - Abpeal of Planning Commission Denial of Architectural and Site
Application for Construction of New Single Family Residence S-08-087
Dear Council Members:
I am writing in connection with the appeal to Town Council of the Planning Commission
decision denying Mr. and Mrs. Hsing's application for architectural and site approvals for the
construction of a new residence located at 20105 Foster Road. As the original developer of the
subject property and the five (5) additional residential parcels comprising the Vineyards Heights
planned development, I have a continued and ongoing interest in the successful residential
development of the subject property and the fair and equitable application of the Town's zoning
ordinances to both the subject property and the planned development as a whole. As result, I am
writing to express my concern and to ask for your support in clarifying and rectifying what I believe
to be certain inconsistencies in the interpretation and application of the Town's zoning ordinances
in connection with the architectural and site application process for the above-referenced property.
VliewAnalysis
The Hillside Development Standards and Guidelines ("HDS&G") provide that for any
development project with the potential (i.e.: capable of being seen from a viewing platform if trees
or large shrubs are removed, significantly pruned or impacted by construction) of being visible (i.e.:
where 25% or more of an elevation can be seen from any of the Town's established viewing
platforms), such evaluation and determination of visibility shall be made in accordance with the view
analysis described in the HDS&G. After installation of story poles, the HDS&G specify that the
applicant shall take photographs of the project from appropriate established viewing platforms that
clearly show the story poles and subject property. The HDS&G further specifies that visual aids
(including photo simulations, three dimensional illustrations and/or scale models) may be required
when it is deemed necessary to fully understand the impacts of proposed project. In conducting
such view analysis, the Planning Commission and Town Attorney have further interpreted the
HDS&G to require that consideration must be given as to whether screening from trees or large
shrubs (located on the subject property or elsewhere) would no longer provide effective screening,
but only to the extent such trees or large shrubs would be endangered by construction.
15425 Los Gatos Blvd Suite 102 Los Gatos, CA 95032 (408) 356.2300 Fax (408):. Attachment 11
Los Gatos Town Council
June 10, 2009
Page 2
The determination as to whether a proposed home is visible is not a subjective standard and
must be made in accordance with the foregoing view analysis as specified in the HDS&G and only
upon a factual and quantifiable finding that 25% or more of an elevation is visible from an
established viewing platform after further taping into account whether existing trees or large shrubs
(located on the subject property or elsewhere) which provide screening would be endangered by
construction. Any preemptive determination of visibility or one that is based on opinion or
conjecture, rather than a properly conducted view analysis, is in contravention of the spirit and
intent of HDS&G and inconsistent with the Town's applicable zoning ordinances and authority.
Viewing Platforms
As noted above, the HDS&G require the applicant to perform the view analysis from the
four (4) established viewing platforms as specified in the HDS&G or such other location(s) as
deemed appropriate by the deciding body. Each of the four (4) established viewing platform
locations specified in the HDS&G are prominent, well-travelled and/or heavily-populated public
locations within Los Gatos that are readily accessible and from which it is reasonably anticipated
that numerous residents and visitors to the Town may visit and be afforded a view the hillsides. To
the extent other locations are to be selected and identified as a viewing platform for a particular
project, such alternate location(s) must be specified by the appropriate deciding body. Absent an
express delegation of this authority by Town Council, the appropriate deciding body should be
Town Council.
Regardless of which deciding body possess authority for determining an appropriate
alternate viewing platform location, any such alternate location should be determined and specified
well in advance to allow an applicant a reasonable period of time to perform the required view
analysis. Furthermore, any such alternate viewing platform location should be consistent with the
spirit and intent of HDS&G and should be a well-travelled, public location in an established view
corridor that is readily and frequented accessed by the Town's residents and visitors. The selection
of more remote, sparsely populated and less frequented travelled locations (particularly an elevated
vantage point from a residential hillside location such as Wood Road) as alternate viewing platform
locations is inconsistent with the spirit and intent of the HDS&G and in contravention of public
policy and the equitable exercise of the Town's zoning ordinances and enforcement authority.
Two-Story Elevations
The HDS&G provides that the maximum allowed height for homes in hillside areas shall be
25 feet and only for homes deemed visible (i.e.: where 25% or more of an elevation can be seen
from any of the Town's established viewing platforms) upon completion of the required view
analysis, will such maximum allowed height be reduced to 18 feet. The HDS&G expressly prohibit
three-story elevations, but does not require homes be limited to a single story design.
Provided that the architectural and design standards are met, the building is located within
the least visible area of the property's least restrictive development area, and the visual impact of
buildings that can be seen from established viewing platforms is mitigated to the greatest extent
reasonable, two-story elevations not exceeding the maximum allowable height are permissible under
the HDS&G and should be allowed by right.
Los Gatos Town Council
June 10, 2009
Page 3
To conclude, it is my understanding that the spirit and intent of the HDS&G is to preserve
the hillside community and character of Los Gatos by ensuring that development does not dominate
views of the hillside. The HDS&G establish a framework for appropriate design, setting standards
and minimum and/or maximum requirements for hillside development. The HDS&G expressly
state that property owners should have the opportunity to build, expand or remodel, provided that
such changes recognize and respect the: constraints of the HDS&G. It is imperative that the Town
respects and balances the rights of individual property owners in its application of the HDS&G in
order to provide a clear and enforceable framework for hillside development and the
implementation of the Town's vision for its hillsides.
I respectfully request that Town Council evaluate the issues raised in this letter, provide
guidance and direction with respect to application of the HDS&G and to reconsider the decision by
the Planning Commission to deny architectural and site approvals for the above-referenced
property. Thank you in. advance for yout time and consideration of this matter.
Very truly yours,
cc (via email only):
Michael Hsing (inh0unps-ic.cotn)
Orry Korb, Esq. (okorb ct losgatosca.gov)
Ms. Suzanne Davis (sdavis a_Iosgatosca.ov}
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20105 Foster Road Hsing Residence Architecture & Site Application S-08-87 Background Property located at top of Foster Rd One of six hillside lots within McCarthy PD PD approved by
Council in 2001 January 2004 adoption of HDS&G Council decided HDS&G should apply to new development within PD Background Three homes approved within PD McCarthy residence – lot
5 (HDS&G not applied) Brady residence – lot 2 height exception: 20’6” skylight element less than 1% of roof area part of passive heating/cooling system McCarthy spec home – lot
6 Background 2.5 acre site 2 APN’s, one building site A&S application for new residence Application was not deemed complete: - Staff forwarded application to PC for determination
on applicability of 18’ height - Conditions included requiring completion of grading & drainage and landscape plans Background Application considered by PC March 11 Continued to April
22 with direction to applicant to redesign to one-story, not to exceed 18 feet Property owners prefer a two-story design and did not wish to make changes to proposed plans Commission
denied application April 22 Proposal Two-story, 25 foot high residence with attached garage House = 5531 square feet Garage = 839 square feet (6370 sf total) Applicant’s position is
that less than 25% of the downhill facing elevation will be visible from viewing platform at BHR/LGB Photosimulations provided to demonstrate compliance including other locations provided
by staff to Commission (Glen Ridge, Leroy@ LGB) Technical Reviews Arborist Architectural HDS&G review Geotechnical & Environmental review completed prior to approval of PD Staff
Considerations Past approvals within the PD Past actions on hillside homes Concerns about visibility of hillside homes stated by Council & Commission Desire to have homes blend with
their surroundings and to present a low profile/minimize visual impact Neighbor concerns (privacy/visual impact) Discussion Topics Visibility Visual impact/privacy concerns Compliance
with HDS&G Recommended Action Council options: a. Deny appeal and A&S application b. Grant appeal and either: Return application to PC or approve with conditions Conditions included
for completion of grading/drainage and landscape plans Small Town Service ~ Community Stewardship ~ Future Focus Small Town Service ~ Community Stewardship ~ Future Focus
Small Town Service ~ Community Stewardship ~ Future Focus