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09 Staff Report - 26 Alpine Avenueo N o~ MEETING DATE: 1015109 ITEM NO. 9 .,kid 1 COUNCIL AGENDA REPORT !p G DATE: September 23, 2009 TO: MAYOR AND TOWN COUNCIL FROM: GREG LARSON, TOWN MANAGER SUBJECT: CONSIDER AN APPEAL OF A PLANNING COMMISSION DECISION DENYING ARCHITECTURE AND SITE APPLICATION S-04-64 AND THE MITIGATED NEGATIVE DECLARATION ND-07-147, ON PROPERTY ZONED R-1:20. APN 52937-042. PROPERTY LOCATION: 26 ALPINE AVENUE. PROPERTY OWNER/ APPLICANT/APPELLANT: HOLIDAY DRIVE, LLC RECOMMENDATION: I . Open and hold the public hearing and receive public testimony. 2. Close the public hearing. 3. Uphold the Planning Commission's decision to deny Negative Declaration ND-07-147 and Architecture & Site application S-04-064 (motion required). 4. Refer to the Town Attorney for the preparation of the appropriate resolution (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 on the part of the Planning Commission; 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 Cominission; or aAlflz PREPARED BY: Wendie R. Rooney, Director of Community Development Reviewed by: S Assistant Town Manager ALTown Attorney Clerk Finance P Community Development Revised: 9123109 12:23 PM Tl:1aSV1CNCLRPTS120091aipine26.doe Reformatted: 5130102 PAGE 2 MAYOR AND TOWN COUNCIL SUBJECT: APPEAL FOR 26 ALPINE AVENUE; FILE #S-04-64. OCTOBER 5, 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. If the Council decides to approve the proposed project, the following actions are recommended: 1) Make the Mitigated Negative Declaration (Exhibit 2 of Attachment 2) (motion required); 2) Adopt the Mitigation Monitoring Plan (Exhibit 3 of Attachment 2) (motion required); 3) Make the required findings and considerations (Exhibit 4 of Attachment 2) (motion required); 4) Approve the applications subject to conditions (Exhibit 18 of Attachment 7). Conditions maybe modified as appropriate. (motion required); 5) Refer to the Town Attorney for preparation of the appropriate resolution (no motion required). BACKGROUND: The project site is located at 26 Alpine Avenue on the west side of the street, southeast of E. Main Street. The subject lot also has frontage on Jackson Avenue. Adjacent properties and those across both streets are occupied by single family residences. The proposed residence and garage are within the allowable floor area for the property and are compliant with setbacks, building coverage and height requirements. A single-family residence is a permitted use in the R-1 zone. DISCUSSION: 1. Project Summary The site is a vacant parcel totaling 20,271 square feet and is elevated above the street level of Alpine Avenue and Jackson Street. The average slope of the lot is 37 percent which reduces the lot area to 8,108 square feet for FAR calculations. The allowed FAR is .325 and the proposed FAR is .308. The multi-level house consists of 2,500 square feet with a 1,392 square foot cellar, for a total of 3,382 square feet and an attached 740 square foot garage. The cellar is exempt and is not included in the floor area total. The garage is accessed from the side and will not dominate the front elevation. The maximum height of the proposed residence is 30 feet. The plans were evaluated using the previous Residential Development Standards since the plans were completed during the process of developing the recently adopted Residential Design PAGE 3 MAYOR AND TOWN COUNCIL SUBJECT: APPEAL FOR 26 ALPINE AVENUE; FILE #S-04-64. OCTOBER 5, 2009 Guidelines. The site is located outside of the Hillside Area. Story poles were previously installed early in the process to assist staff and the Consulting Architect in their analysis. The Consulting Architect reviewed the proposal and his recommendations have been incorporated into the design. The Consulting Architect commented that the mass impact of the right elevation when viewed from Jackson Avenue is difficult to judge and might be cause for some reduction in building mass. The Consultant left the analysis of the overall mass and house size in relationship to the lot to the discretion of the Town and focused his recommendations on reducing the visual mass and scale of the house. The application is technically not subject to the current Residential Development Standards. However, due to the slope of the lot, staff analyzed the project with the applicable sections of the Hillside Development Standards and Guidelines (HDS&G's), including site selection, grading, drainage, driveways, parking, geologic safety and retaining walls. Pursuant to the current standards, the application of the Residential Development Standards and the HDS&G's is discretionary and the deciding body should consider the character of the surrounding neighborhood and environment when implementing a strategy or guideline. The site does not contain a building area that is within the Least Restrictive Development Area (LRDA). The applicant has designed the house within the slope of the hillside to reduce the mass of the structure, which has resulted in cuts that exceed the HDS&G's standards. Although a house could be designed to reduce graded cuts and fills, the Council should note that a house cannot be designed at this site that meets the HDS&G's cut and fill standards. Alternatives were suggested to the applicant to reduce the mass of the right side elevation. One alterative was to reduce the length of house. The house has a narrow width of approximately 12 feet so a reduction of the width was not recommended. Another alternative was to consider redesigning the house so that it was pushed towards the southern property line and set further into the hillside, where the applicant is proposing a flat pad for a patio area. In addition, the turreted stairway element, which is sympathetic to the architectural style, appears to add to the mass of this elevation and consideration to modify this element was suggested to help reduce the mass. The applicant did not propose any changes to the house. Please see Attachments 2 and 7 for additional information regarding the proposed project. 2. Planning Commission On May 27, 2009, the Planning Commission considered the application. The Commission continued the matter to the meeting of July 8, 2009, with the direction that the applicant consider staff's suggestions or other alternatives to reduce the mass of the structure and the height of the auto court (see Attachment 5). At the July S, 2009, meeting the Planning Commission continued this matter, at the applicant's request, with no discussion, to the meeting of August 12, 2009. The applicant modified the auto court area, which reduced the mass of the retaining wall. No PAGE 4 MAYOR AND TOWN COUNCIL SUBJECT: APPEAL FOR 26 ALPINE AVENUE; FILE #S-04-64. OCTOBER 5, 2009 changes were made to reduce the mass of the house. On August 12, 2009, the Commission denied the applications since the mass of the house was not reduced and the applicant did not provide substantial evidence to support the project as designed (see Attachment 9). 3. Appeal An appeal of the Planning Commission's decision was received on August 24, 2009 (Attachment 1). The basis for the appeal is that the Commission erred or abused its discretion "because of the undue influence and false information received by them and the Planning Department, from a property owner that adjoins the north property line of the appellant. This property owner is a council member for the Town of Los Gatos." The applicant has not provided any information in their appeal regarding what "undue influence and false information" was received by the Planning Department and the Commission. Town staff raised the concern of the mass of the right elevation when the application was first reviewed in 2007. This same concern was reiterated to the applicant numerous times during the application process and was not the result of any neighborhood concerns, which were raised later in the process. In making its recommendation to the Planning Commission staff considered the following goals and policies from the Land Use and Community Design Elements of the General Plan and the following sections of the Town Code: General Plan: L. G.2.2 To reduce the visual impact that new construction and/or remodeling has on our town and its neighborhoods. Staff Note: As discussed in the report, staff has a concern that the proposed house has not been designed to minimize the mass of the south elevation. L.P.2.I Review all development applications in light of the overall mass and scale of the development. Staff Note: The applicant has not provided adequate analysis of the site constraints with alternative designs to justify the mass of the south elevation. L.P.2.3 Encourage basements and cellars to provide "hidden " sq. ft. in-lieu of visible mass. Staff Note: Cellars are exempt from the FAR calculations, however, when incorporating a cellar in a house design, substantial efforts are to be made to reduce the visible mass of the structure. As noted above, the applicant has not provided adequate evidence which supports that substantial efforts have been made to reduce the mass. PAGE 5 MAYOR AND TOWN COUNCIL SUBJECT: APPEAL FOR 26 ALPINE AVENUE; FILE #S-04-64. OCTOBER 5, 2009 CD.P.1. 7 - New structures, remodels, landscapes and handscapes shall be designed to harmonize and blend with the scale and rhythm of the neighborhood and natural features in the area. Staff Note: The subject lot is located between small and large size houses on a steep slope. Staff does not believe that the mass of the south elevation fits with the natural features of the lot. CD.P.2.4 -Reducing Visible Mass: Effective visible mass shall be reduced through such means as stepping structures up and down the hillside, a maximum of two stories shall be visible from every elevation following the natural contours, and limiting the height and mass of the wall plane. Staff Note: As described in the report, sufficient justification has not been provided to illustrate that a house cannot be designed which reduces the mass of the south elevation. Town Code: 29.20.150(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. Staff Note: See staff's notes above. 29.20.150(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 andpurposes 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. Staff Note: See staff's notes above. CONCLUSION The lot is challenging to develop due to the steep slope and the location of trees and the creek. Although the front of the house has a low profile and is designed to be sensitive to the neighborhood, staff and the Planning Commission have concerns with the mass and scale of the right side elevation, as discussed above, and has determined that the applicant has not provided sufficient justification to support this proposal. The applicant has stated that they are not interested in looking at any redesign to the house. Therefore, the decision of the Planning Commission to deny the application should be upheld. ENVIRONMENTAL ASSESSMENT: A Mitigated Negative Declaration was prepared for this proposal. FISCAL IMPACT: None PAGE 6 MAYOR AND TOWN COUNCIL SUBJECT: APPEAL FOR 26 ALPINE AVENUE; FILE #5-04-64. OCTOBER 5, 2009 Attachments: Previously Submitted to Town Council: 1. Appeal filed on August 24, 2009. 2. Report to the Planning Commission for the meeting of May 27, 2009. 3. Addendum report to the Planning Commission for the meeting of May 27, 2009. 4. Desk item report to the Planning Commission for the meeting of May 27, 2009. 5. Excerpt of the Planning Commission verbatim meeting minutes of May 27, 2009. 6. Report to the Planning Commission for the meeting of July 8, 2009. 7. Report to the Planning Commission for the meeting of August 12, 2009. 8. Desk item report to the Planning Commission for the meeting of August 12, 2009. 9. Excerpt of the Planning Commission verbatim meeting minutes of August 12, 2009. New Submittals: 10. Letter from Eric Hartman, received October 1, 2009. 11. Letter from Orry Korb, dated October 1, 2009. Distribution: cc: Holiday Drive LLC, 2175 De La Cruz Blvd #C, Santa Clara, CA 95050 Holiday Drive LLC, 115 Mill Court, Los Gatos, CA 95032 WRR: SLB:cgt N.\DF. VICNCLRPTS120041al pinc26. doc DATE: 1015/2009 SUBJECT: 26 ALPINE AVENUE PLEASE NOTE: ATTACHMENTS 1-9, PREVIOUSLY SUBMITTED TO COUNCIL UNDER A SEPARA'T'E COVER, ARE AVAILABLE FOR REVIEW: LIBRARY REFERENCE DESK - TOWN CLERK'S OFFICE -TOWN WEBSITE LAW OFFICES OF ERIC F. HARTMAN 300 S. First Street, Suite 230 San Jose, CA. 95113 September 29, 2009 City of Los Gatos Town Attorney 110 E. Main Street Los Gatos, Ca. 95030 (408) 354-6880 / e-mail attorney@losgatosca.gov Attn: Orry P. Korb, Esq. Tele (408) 297-7251 Fax (408) 297-0608 Re: Violation of the Fair Political Practice Act (Political Reform Act - "The Act") by Vice Mayor Diane McNutt Cronk and Recusal of Entire Town. Council Re: Appeal of Planning Commission Decision of August 12, 2009 Property : 26 Alpine Ave., Los Gatos, Ca. Application No.: 504-64 and ND 07147 Dear Council: I am the attorney for property owner Holiday Drive LLC of 26 Alpine Ave., Los Gatos, California. I enclose a May 20, 2009 letter from Vice Mayor - Diane McNutt %ronk that was suit to the Planning Commission and Town Council that violates the "Act" by : A public official making, participating in making, or attempting to influence a governmental decision that has a material financial effect on an economic interest of the public official in a manner i.Oinguis a e from the effect on the public generally. The damages have been done by the Vice Mayor/Council Member Crank against property owner Holiday Drive LLC (re: bell has been rung and it cannot be un-rung) by the May 20, 2009 letter (that violated the Act) going to the Planning Commission and the entire City Council. EGVV Yr 0--c- 0 1 zofg OF ATTACHMENT 10 Property owner Holiday Drive LLC did not get a fair hearing on August 12, 2009 and cannot get a fair hearing on October 5, 2009 (Appeal of the Planning Commission) and hereby recuses the entire City Council from hearing and voting on the Appeal. It is my understanding that Holiday Drive LLC will file charges with the Fair Political Practices Commission for the above violations. A "neutral body" has to be convened on October 5, 2009 subject to Holiday Drive LLC's approval to hear the Appeal. Please respond to this letter as soon as possible. Time is of the essence. Very truly F. Hartman EFH:jrh Enclosure - 5/20/2009 letter from Vice Mayor Cronk cc: Holiday Drive LLC -2- May 20; 2009 To: Planning Commission Town of Los Gatos Re: 26 Alpine Avenue MAY to TOM Of LOG GAMS rF FRU CEPARTMENT cc GP[) CG M 6~- We have several concerns about the project proposed for this site. Michael Cronk Diane McNutt Cronk 27 Jackson St. Los Gatos, CA 95030 (408) 395-4033 1, Although this property has are Alpine address, it straddles Alpine and Jackson streets with considerably more frontage on. Jackson, Neighborhood compatibility and impacts should consider residents on all sides of the property, especially since the house will be much more visible to neighbors in the JacksonlOak MII/Villa area. Comparing the proposed size and FAR only to homes on Alpine does not provide an, accurate and complete picture of the situation. 2. The proposed home is larger than the 2500 square feet limit that was a condition of the subdivision-approval irl 1991. At that time, the Planning Commission felt that 2,500 square feet was "generous, given the sensitivity of the area." Attached are the verbatim minutes from the Sept. 25, 1991 Planning Commission and the specific conditions that were put in place. There is extensive erosion of the creek that borders the property on the Jackson Street side. In 2003, we obtained an analysis of the situation by a creels restoration specialist at the request of the Regional Water Quality Control Board, the California State Department of Fish & Game, and the Santa Clara Valley Water District when we needed to rebuild our bridge driveway. The assessment noted significant erosion for 45 feet directly upstream from our-bridge. The owners of 26 Alpine at that time refused to do any restoration ,Work, and the situation has worsened over the past few years. During storms, the flow in this creek is high and fast as it hits our property and bridge, so we are concerned that .any work on. the, creek. does not. negatively impact us_arry .more than it .already- does. An improvement would be welcome. 4. Runoff from the. north-east conger of the 26 Alpine Ave. enters our backyard during the rainy season and creates a mini waterfall down our terraced hill for several months. We were forced to drill a trench in our flagstone patio to direct the water away from the house and down to the creep. We are concerned that grading and construction at this end of the property could increase the flour into our yard. 5. Finally, it is clear that our home will be significantly impacted by any development on 26 Alpine Avenue so it is disappointing and alarming that we have not been contacted by anyone connected with this current proposal. The installation of story pales alerted us to the proposal and we obtained a copy of the plans from the Town, We appreciate the siting of the home away from our property, but the visual of the north side elevation of the proposed house appears massive and the motor court and large garage will require the removal of most of the trees and vegetation that screed our view of the story poles. Because of the topography of the Alpine property, this project appears as if it will loom aver our home and significantly impact our privacy and quality of life. We ask the Planning Commission to direct the applicant to redesign the proposed home at 26 Alpine Avenue to meet the 2500-square-foot limit that was conditioned for this parcel and to create a project that is compatible with the Jackson/Oak Hill/Villa neighborhood as well as the Alpine neighbors. If you would like to view the Alpine property from our perspective, please feel free to stand on our bridge and to enter our backyard at any tirne. We understand that Planning Commissioners are prohibited from discussing a project with the applicant or the neighbors and we will not attempt to engage you in conversation during your site visit. `Dank you for considering our serious concerns: --'P &-AMichael Cronk Diane McNutt Cronk Cc: Town Council -P-LAMING COKKI5SI0tI MEETING Minutes of September 25, 1991 ITEM 3 38, Alpine Avenue Subdivision Application M-91-9 Requesting approval of a three lot subdNision of a 1.52 acre pare in the R-1:29,DOO zone. PROPERTY OWNER: Mardi Sennett Mardi Bennett, property owner and applicant: I'd like to make a comment about the first paragraph In the Project Description, item A. At the very bottom the last two sentences, they're talking about a stone wall which is approximately two to three feet in height that runs along the property. i thlnk they must have been looking across the street because we do not have a stone wall that runs the length of our property. Chair Chase: Would staff comment on-that? Mr. Bowman: There is a wall In front of your property. It's part of our designated wall, which you helped designate. Bennett: l beg your pardon, just part of the wail is buttressing the two pillars that are there. We don't have any other wail. It's only about eight feet for one pillar and nine feet for the other and it goes down to about a fact and a halt. Bowman: About two feet, but it runs the length of your property and that was in the designation. Bennett: I've lived there for 26 years. Bowman: Whatever wall is there is part of the designation. If i# doesn't indude the who4e property, k doesn't Include the whole property, but there Is a wall In front of the property and I'll stand by that- That's all we're trying to say. Chase:- Mr. Bowman can change that to read whatever wall Is there will be preserved, and then we won't have to argue a. PLANNING COMMISSION MINUTES - 16 September 25, 1991 Comm; O'UughIIr? i. know you've lived on Alpine for a very long time and been Involved a lot of things In Town. I believe that the approval next to yours was a mistake, an the 1-€ncoln property. What Is your comment, considering what happened next door and what you proposing, a {wl at this does to the character of Alplne'Avenue' Bennett: Actually„} will knave very tltrte Impact on Alpine. Lot 2 Is the one that runs all the way along Alpine and there will be very little change on Alpine Avenue. The change that will._oceur.in theF area will be on Jackson;, Thai's where the two lots are proposed to be sited. Comm. Roberts: YOU show on Lot 1 and 3 an outllne of a house. Is that an official footprint? Have you designed the houses. Bennett: No. We have no plans to develop at the present time. We'd like the ability to develop it we should ever want to in the future. We have no 'plans for a subdivision at all. At the Development Review Committee they asked our engineer to plat a building io show them that a building could Indeed fit on the s€te. That`s why we have a footprint on the map. It was probably, to the engineer's mind, the best place to site it to avoid excessive grading, and to avoid the cutting of any trees, Abkin: As I understand it, the access to ail three sites wilt be from Alpine? Bennett: No. The.,access to.the f€fgt_iflt will be off of Jackson, and the little culvert there will have to be bridged. Because of that fact, we've had to get a permit from the Fish and Game Department. Abkln: The access for Lot 3 will be from Jackson? Bennett: It will be from Mpine. It will follow the flag lot nett door. Abkin: So, the impact on Jackson, although it's being subdivided on that side will be that Ingress and egress. Bennett: Yes, that will be the only one that comes over the creek. I might point out, if any of you have been out there to see the site, there are abdut four or five houses North of us on Alpine, and all have access across the creek. We're not doing anything different than what's there already. My engineer is here in case you need any further comment from her. Diane Crank, 27 Jackson Street: 1 hope you are as concerned with preserving the character .of.,JackseriStreet as you seem to be with Alpine. We're kind of down In a hollow and get overlooked a little bit. The concerns that we have are why would you want to subdivide a lot unless you're planning to sell it or develop €t? It's an unusual parcel of land. I don't know the exact terms to describe it. We're right next door. If a house is built, ft`s going to block our sun, and it's going to look right into our bathroom. We're very concerned about what this is going to do to our property in the future. We're not necessarily opposed to the sub-ZIMsioii; ff'thi questloh is vrhat is that gdhgto-dd to u`s. The thlrd 1`ssue-ISFthe cri eek that runs in front of our house. By the time it gets to our house, it is controlled, it Is more of a culvert. As soon as you go South_from our house lt's,yery much of -a wild creeks that moves. ln-the ofd-days-w en it used to rain, that creek would overflow into this lot. Hall of a sudden we're going to be moving that creek in order to accommodate construction and a driveway sometime in the future, Is that going to spill that water over into 'our front yard? Chair Chase: There are some issues that are valid. When It comes to drainage, those are some Engineering issues that have to be addressed before a building permit can be issued. PLANNING COMMISSION MINUTES 17 September 25, 1991 We do require shadow studies, which could be reasons to change the design of a house going In. I don't know that those issues are reason: for the denial of a subdivision, unless we could say that those issues could never be satisfied. MardE Bennett: 1 don't know how historically Diane Is speaking of this, but we've owned the property for 25 years and I've never seen k flood down there. Diane Is right next to ft. Chase: It could happen again. It's possible. - Yitka Cymbal, Westfall Engineers, engineers for the project: We have done a drainage study, maybe not detailed enough for the final design. We have established the flood plane elevation and the elevation the structure would have to be, and what will need to be done in order to avoid any flooding down stream. We have done some studies In that respect and concluded that ft can be resolved. In the proposed conditlons by the Town Engineer there's dedication requirements and the one [ question is about Alpine Avenue. Alpine Avenue Is presently a fully Improved street. It has curbs, gutter and sidewalks on both skies, although its a narrow street. At this time we have done a typographical survey, but we have not completed boundary surveys to determine how the street fits its right-of-way. How the physical street fits within the existing right-of-way. We believe that there might be a portian of the sidewalk which is actually outside of the public right-of-way. I was wandering A the wording could be modified that all of the improvement were to be dedicated when we know what exactly they are. In places ft may be five feet, In places it may be less than that, or some more. Chase: Are you talking about Condition 4 where it says, 'ingress, egress, utilities, easement as required?' Cymbal: No, actually it was under Recommendations- Chase: Was it, 'Alpine Avenue. A 20-foot half-street right-cf-way?' Cymbal: That's the one, Chase: You'd like that clarified? Cymbai: What 1 would like it to say is that the dedication be required to Include all existing improvements, rather than just arbitrary numbers. [ believe this area was created in approximately 1920, so the right-of-way and actual road may not coincide precisely. It may be slightly shifted. What I'm saying is that we don't know at the present time how much. We have found a couple of monuments during our survey. Chase: You want to know what part of your lot is being dedicated? Cymbal: We would like to dedicate what the street actually Is, rather than-j!4 st 2Q feeT t fresm: _ whatever the centerline is. - - Chase: rd like to hear the staff eem. ment art that. John Giviln: The Subdivision Ordinance and the General Plan describes the required right- of-way for-(Fe-street, and you'd have to make an exception. Chase: So, this says 20 feet for a half street right-of-way. Would that be presumed to be 20 feet from the existing center of the road, rather than some map from 1920? Givlin: From the centerline of the right-of-way. PLANNING COMMISSION MINUTES 18 September 25, 1991 Chase: Could we assume that the street Is In fact in the middle of the right-of-way? is that the €ssue here? Cymbal;. That's right. Givlln: The street may not be symmetrical, but generally the centerline of the right-of-way Is near the cantedine of the street. Cymbal: In one location it definitely Is and in one It seems to angle at least according to records, It seems to be veering off. We haven't done a boundary survey so I really couldn't tell you that's what it Is. We have just plotted off the record and sometimes we find monuments which supersede any kind of record Information from the map. Chase: If, In fact, we're not certain, do you want us to not approve this tonight and wait until we know what it Is. € think 9 we approve It the way it Is, you probably would not be too far off, but you could be off a few feet on one end or another. I don't think we have the Information tonight to rewrite this in some other way. Cymbal: if that's the question, then 20 feet is fine. We just thought it would be better to match actual figures. Chase: If we knew the actual figures, we could rewrite this, but this is part of the normal wording. It probably won't make a whole lot of difference. Bennett; This Is a tentative map and really doesn't have all the parameters exactly, It takes a lot more money and a lot more time and we didn't want to go Into that until we were sure €t was approved, however, we'd just like the wording to be compatible. This wording is fine for us as long as It isn't locked into concrete. If It's something we can't change later, that was our concern- There is one area where the property takes a jag and it's quite a different amount of measurement than it is In-the main part of the road. We were just hoping we didn't end up with less property. Is this what we're going to have to stay with? Chase: Yes. Bennett: Even if it turns out to be that the property is in a different location on the map than what you've looked at now. G€ !n: One of the things we did discuss was rather than take the full half-street right-of- way width, that we consider a lesser amount of right-of-way and then add an easement for sidewalks and utilities. Typically, the 20 feet is not necessarily just for the roadway or the roadside improvements. It is also to be able to accommodate all the utilities. As long as you have 20 feet of right-of-way and easement, 1 think that might satisfy the Engineering Department, but-it-doesn't meet. I think that would probably require some sort of an exception, maybe a minor variation. Bennett: -l don't-knew if -it has anything -to-do-with the question, but there is a hedge right along the fence line. We were hoping that it wouldn't be part of the dedication because it will be very hard for the. Town to maintain that and keep it watered and. trimmed. Chase: No, you'd still have to do that, it's still your property. The Town isn't going to come and water the hedge. Sennett: Whatever way it has to be, we'd like to have you to decide on the application. PLANNING COMMISSION MINUTES - is September 2S, 1991 Chase: My recommendation is to leave It the way 1 18, otherwise ft could really get hung- up. Abkln: If we approve this with this condition tonight, and there's some uncerta€nty If you think the property llnes may be hers at there; the street may be off or not off. Is there some way In the future, once that's definitive, they can come back with a request to amerid this condition. Bowman: I think the Intent here Is make sure that all the curb, gutter and sidewalk and street Is In the public right-of--way. That's what a tentative map Is for and then we have to make a finding of the final map that It's consistent with the tentative map. If the intent Is to keep the public Improvement In the right-cif-way, that's all you need to say at this polnt. Chase: Are you saying that we should rewrite lt? Bowman: I thought that's what we had said in the original report. Chase: If this Is the way you normally say It, I don't know why we should change it- if everyone understands that that's what the intent is. Abkih: Mr_ Bowman has raised an Issue. Item A(4) talks about a five foot dedication for the sidewalk and wall, which Is not what condition 4(a) talks about. The condition does not say what the staff report Intended. Bowman: The purpose of the 20-foot half-street is to make sure that we have the dedication. 20-foot normally covers all the street Improvements. Here we have a situation where the street is not In the center of the right-of-way. We're going to have to allow it somehow. You're probably talking about a couple Inches to a couple of feet and then back again. I suppose you could add taa condition 4(a) that any dedication would be necessary to include the entire sidewalk. No one else wished to speak; public port€on of the hearing closed. DISCUSSION O'Laughlin: This presents a perennial problem for me. I think everything is present here to approve the subdivision. I don't think there Is any reason to deny it. As far as 1 can see I complies with our conditions and requirements- The problem I have is that we approve the subdivision because they technically meet all of our requirements, and we push into the background any other concerns we have. We have a real problem 4 a bonaf'ide purchaser comes In and says, "f just paid a lot of money for this 20,000 square foot lot and here's what l want to build.* I have concerns here regarding grading, tree removal, impact on the creek, privacy, shadow stud€es, the square footage of buildings and how obtrusive they might be. We have gigantic lots at 20,000 square feet, I know we're not pp ,6a-t6-d1scuss that. - -tea =e gmt€ridrds lcally suitable for the type of development. 01-aughiin: E realize that °btti it troubles me-that we=ro-presented with this dilernrria. -I- to frfk thaLit-technically meet the requirement we have, but I have a whole host of concerns that I'm supppos2d to place in.abeyancs for the Architecture and Site-process. I'm tired' of tieing placed in the predicament. I don't know if other commissioners share that. Chase: I think you can safely assume that if we approve this subd€vIs€on there will be two more houses an Jackson and Alpine. The Subdivision Map Act says we have to find reasons for denial, one of which would be that it is not physically feasible for the proposed height of development. But you don't know that until somebody comes in with plans and PLANNING COMMISSION MINUTES 20 September 25, 1991 -you start looking in detall. Maybe later on you discover it's not going to mks avery good building site, But you've already subdivided, someone else has the property and they think that if you subdivided It, that meant it was a buildable lot. O'Laughlin: What happens is six months from now or a year from now with a different: Commission, they have a gun to their head because someone comes In and says, "l said a lot of money for this lot, It's 20,000 square feet, I want to build this kind of house,` and then they think they have been blind sighted because no one told them. Chase: I don't have a good answer as to if it's really buildabla in the detalled sense you're talking about. MOTION Whitney-I-lafft: I would like to entertain a motion. I don't have any particular objections to the subdtvision. I agree with Comm. Rudolph that a meets the spirit and intent of our ordinances and regulations. I think the solution would be to use a Planned Development. One of the reasons the Planned Development process was initiated as a zoning tod was when you have these € Inds of concerns and you don't have something that's clear cut, you can employthe planned Development process. That way you can, at the zoning stage, deal with some of these considerations. One of the considerations I would acid Is that that first ldt on Jackson is fairly steep. I think we're going to see the same types of probi ems -that we've had in other hillside developments. Down the line, we're going to see mega-houses. That concerns us and we have to deal with It from time to time, and we are going to be laboring over how that house looks on the hillside at that particular location- Environmental concerns, shadow concerns, neighborhood Intrusion, flag lots, soil consideration, creek, drainage, etc. are a perfect example of where we should be employing the use of the zoning tool of Planned Development. That gives us all the latitude and flexibility we need up front. The site is large enough to be considered Planned Development, It's over one acre In sixs. Recently, we discovered on Shannon Road, with the Weir property, we went back and forth. and the Council ended up recommending that it go as a Planned Deveiopment. There are a number of cases that come tip, especially when you have hillside -and sensitive environmental lss6es, where you should be employing the Planned Development process. would also like to encourage staff to encourage applicants to consider that so that we don't waste anyone's time In the future- Bowman: The analysis, in terms of It being eligible for Planned Development because we have a one acre minimum for a Planned Development, is correct. Planned Development fees are substantially higher, so we have a much higher application fee in addition to the additional cost. Chase: Wouldn't they have to have much more of a plant of what would be going in place? Bowman: Yes. - - Y We can even set the footprint and the height on the buildings. Vie have a great deal of latitude with Planned Deveiopment. Chase: You're welcome to. make a. motion,, - - - Whitney-Haft: We'd have to put the subdivision in suspension while the applicant files a Manned Development. What's the process Mr. Bowman? Bowman: Unless you can get the applicant's consent, it will be approved automatically within 5o days unless you deny it. Whitney-Haft Can we deny it wit eul prejudice and not require additional fees or Is that PLANNING COMMISSION MINUTES 21 September 25, 1991 a Council decision? Bowman: That's a Council decislon. The Commission has no authority to w+aive.fees, You can deny without prejudice, that's an action, but without the appl[cant's consent for a continuance you can't go beyond the So days. Whitney-Hafft: We could ask the applicant If they wish to waive their fights and continue this while we file a Planned Development. Chase: If we deny €t without prejudice do we still have to make the findings for the reap act? Whitney-Hafft: I don't want to do that. What l want to do is bring the plan up under Planned ]Development so we can deal with the Issues expressed here tonight. Chair reopened the public hearing. Chair Chase: Would the applicant state your position on the Planned Development. Mardi Bennett: Comm. Whitney, this is a terrible thing for you to have proposed and I am very vehemently against It. 1 carne In under the process. I have waited since May to come and talk with you about this. E think It would be very unfair and very unjust for you to deny me when i have done everything that this a0plicaticn deserves. I have paid my fees. I have employed a very fine engineer, To have you ask me for permission to change the rules of the game is way off base. I feel that there Is no reason for denying this. You have your example of what you can d eny it for. You have no { racedent-for trying to change something that has already gone through the process to a Planned Development' at this point. Whitney-Hafft: l don't think anyone here Is recommending a denial. What: I was trying to do is echo the-concerns that i heard from my fellow Commissioners- I don't believe I was acting independently, but trying to respond to those concerns. We have Indeed had projects go back and change their form. The Weir property was one that I mentioned that carne in as a subdMsion and went out and is coming back in as the Planned Development- These thing do occur. The intent is not to cause problems for you, although It may. What we're intending to do is make a proper land use decision. Roberts: Couldn't this be resolved in another way like setting the conditions that we're concerned about. Abkin: I don't think you can set conditions on a subdivision on future development. Y _ O'Laughlin- What did we do on College Avenue with the Grabill property? Bowman-. You set criteria for the house-, maximum floor area and height. You can do that- O'Laughlin: That College Avenue lot was'small enough that it came within the Floor Area Ratio. We set up a height limitation, and a square footage limitation on the horse and the garage. Bowman: These Jots would also be subject to Floor Area Ratio. Chase: They're 20,040 square foot fots_ Bowman: When you look at the suitability of the site for the proposed use and there are concerns like Lot 1 here with.the steep slopes and the trees, it seems to me that you do have the authority to set parameters. You don't have a plan before you. You can't say that PLANNING COMMISSION MINUTES 22 September 25, 1991 it's 1,326 square feet or something like that, but you-can certainly set parameters that you would find acceptablq. When you're dealing with In-fills situations which we are mostly in this town, that's a very appropriate thing to do. As you mentioned, it saves an 'awful lot of grief later on with people wanting to do things that are totally unacceptable to the neighborhood.- Chase: Mrs. Sennett, what size houses did you have In mind for these lots? What's the neighborhood like? Bennett: As we both talked about, they will be facing Jackson. The house that they will be right adjacent to have about 1,800 square feet and less. Thosa were developed about 30 years ago on very small lots. These would be homes that I would expect would be compatible with the homes that are there already. The homes across on Jackson are on very large pieces of'property and are larger homes. Chase: Adjacent to small houses and across from large houses. Co you know how large? Bennett: They're Los Gatos size houses, not the new ones that are being built now. Along Alpine they were developed a long time ago, on Jackson they were developed about 20 or 30 years ago. in those days people were building about 2,00a square foot homes. They are up on the hillside. Chase: What I'm driving at here is if we wanted to address some of the Issues, if we put some kind of a square footage guideline in the 2,000 to 2,500 square foot range, would that be acceptable? Is that within something you envision for the lots? Bennett: Certainly, I would want therm to be compatible with the area. Nat be conspicuous. Nicely tucked Into the hillside like the ones across the street are. MOTION Whitney-Hafft: Would you like me to withdraw my motion? There was no second. WITHORAWN Chase: We've been discussing it quite a bit without a second. Is Anyone going to second? Okay, motion withdrawn for lack of a second. MOTION Chase moves, seconded by Comm. Whitney-Hafft, to approve Subdivision Application M- 91-9 with the findings that there are no reasons for denlai according to the map act, that proposed map is consistent with the General and Specific Plans, it is physically suitable for the type of development, and it is physically suitable for the density, the design of improvements will not be causing substantial environmental damage, there is no known serious public heafth problems, and we know of no conflicts of easements. Chase: What I would like to do to reduce the concems.an_what. kind of a proposal will In fact show p is to add a condition that -the-3louses an those lots wi11 3i f~gr are oaf- - - type houses" I suggest that as an upper bound, until we see a speck plan. It we saw a good _plan_thatwas.2,5Q1 sQuaLE feet, it wouldn't necessartly be denied, That would be the size of house we would be looking far to try to maintain compatibility with the neighlsarhocrd. O'Laughlin: (..wonder if the chairwo.uld..be agreeable to some amendments. This is the kind of compromise I think can work. It highlights the problem'again that we are dealing with unknowns. We don't know what the problems are going to be with the enact typography of the land and things like that. I have some suggestions. First, any cut and fill would comply with our Hillside Standards. Any dwellings not adversely effect the privacy of contiguous property owners and the structures shall comply with our shadow requirements and that no specimen trees be removed. PIANNINd COMMISSION MINUTES - 23 September 25, 1999 Chase: I'm agreeable to that. Rudolph., Relative to these conditions, I have a question for staff. Since we're putting them on now, Is It possible to modify them at the time al the Architecture and Site application? For instance, the Issue, I'm thinking about Is the 2,Si}0 square foot house the Chair mentioned. It seems to me If would be better ff we put a Ilmitation, and if we get an exemplary design, to allow the person to go beyond that level at that point. Chase: I think the other guidelines are still In place. This would be more restrictive than the floor Area Ratio that would apply. Rudolph: I'm not saying get rid of it, I'm saying snake it a 2,500 square--feet limit, and then if somebody comes in with a design that we deem to be superior, we could allow it to go beyond. My fear Is, if we say around 2,5i1d, somebody is going to say, 'Of course I can design a great house,` and come in with something big. Chase: You're right. Make it a stronger wording, Rudolph: Do we have the ability to release the applicant from that condition on the Architecture and Site application. Bowman: Not unless you state the criteria or that therelis a posstbiitty of that. Otherwise, any future staff or Commission would take that 2,5co square feet as mandatory. Chase; Maybe we should put it back the way it was. Rudolph: I still think we can make k as a limit Abkin: I'd lean toward having a firm one. 2,50 is -generous, given the sensitivity oi the ..area. Of we make it a wishy-washy limit, it could be anything again. Chase: It's certainly bigger than the neighbors, but not so much bigger that It would completely overshadow them. Abkin: Speaking of overshadowing, I concur with Comm. O'Laughlin's suggestions for the . additional conditions, particularly the one concerning grading. I'm afraid that with the condition about no negative impacts on the privaoy of the neighbors, we would be giving a veto power to any neighbor that said, "Yes, there's a negative Impact. I don't like the house there." i think the existing standards provide us the opportunity to review that when it comes before us. I don't know that we need a particular limit here that's going to be difficult to enforce and would provide a veto power. On the shadow study, I don't kno_y, there really are requirements about shadow, other than that the study be done. I da,;% k -there's- a requir~~heno shwa t - _ . for us that we can rule on. That's required anyway, -Olaughiin. Fm convinced by whareorrirn. Abkin said. Chase: we'll remove the no negative Impact on the neighbors and leave that more to our discretion. Rudolph: Could you review how the motion stands? I'm getting confused as to which ones are in. PLANNING COMMISSION MINUTES - 24 September 25, 1991 4 Chase: The motion Is for approval with the following additional conditions: 1. The: proposed houses will. have an upper limit- of 2,500 square feet 2. Thera will be no removal of specimen trees. 3. The project will comply with the Hillside Standards for cut and fill. 4. A shadow study will be required. Whitney-Hafft. I'd like to clear the air here. If the Commission Is satisfied, I'm satisfied. In the future perhaps we will be considering other similar projects and they may be by Planned Development and that's the only thing I was trying to Indicate tonight. Chase: I think we have a policy to encourage Planned Developments for the hillsides and technically, this is not part of the hillsides. Whitney-Hafft: You can have Planned Developments anywhere other than hillsides. Chase: I'm saying that's what the policy is. Is that correct Mr. Bowman? Bowman; The Council's policy is that you will have Planned Developments for any development In the hillsides. . Whitney-Hafft: To clarify that, there's not some magic line somewhere that says Inside the line you have some and mAslde the line you don't. Bowman: No, you don't. Arkin: In that particular policy in the hillside, that's true. I think what Comm. Whitney is getting at is maybe we should have a firm policy elsewhere. For example, any subdivision. over an acre should be a Planned Development. That's pretty extreme. What she's getting at is some policy guideline where we would have a Planned Development come before us instead of a subdivision. Whitney-Hafft: We end up struggling and then making quasi legislation here. That's fine if we're all satisfied with that, but there Is this other way. Chase: I think this is accomplishing what we want to. Rudolph: Question for staff. One of our conditions Is that this application has to conform to excavation standards for hillsides. My questions Is, how does that compare with excavation standards for non-hillslde areas? I think the hillsides may be less restrictive. I think the Intent is to be restrictive. Bowman: The only standards you have f vation, basically, are the standards you use ~Eo r not. The Grading Ordinance sets up the rules and reguiatlons of what Is allowed by ordinance. Generally, the Development Review Committee in reviewing grading permit recommendations to you Is trying to minimize ..grading, but. we do not have any adopted-standards per se. Motion passes unanimously, on 6-0 vote. AYES' Corhrnfssianers Abkin, Chase, O'Laughlin, Roberts, Rudolph and Whitney-Hafft NOES: None ABSTENTIONS: None ABSENT: Commissioners Allmand, Grimes and Morgan C It PLANNING COMMISSION MEETING Minutes of September 25, 1991 MNDITIQNS TO THE SATISFACTION OF THE PLANNING DIRECTOR: 1. The proposed houses will have an upper limit of 2,500 square feet. 2. There will be no removal of specimen trees. 3. A shadow study wilt be required. TO THE SATISFACTION OF THE TOWN ENGINEER: 4. Any sections of curb, gutter and sMewalk along the frontage of this property that are currently broken, or raised, or any sections darnaged• during construction, shall be replaced. 5. A well Information questionnaire (available through the Town E=ngineer) shall be completed. , 6. A parcel map shall be filed. 7. The following shall be dedicated: a. - Alpine Avenue. A 20-foot half-street right-of-way. b. Jackson Street. A 20-foot half-street right-of-way. C. Ingress-egress, util'fty easement as required. 8. Underground cable teievlslon service shall be provided to all new lots/homes- 9. The pro!ect will comply with the Hillside Standards for cut and ML TOWN OF LOS GATOS OFFICE OF THE TO`VN ATTORNEY CMC CLN.-M PHONE: (408) 354-6880 110 E. M %N ST= P.O. Box 949 FAX: (408) 354-8431 Los G.NTos, CA 95031 October 1, 2009 Eric F. Hartman, Esq. 300 S. First Street, #210 San Jose, CA 95113 Re: 26 Alpine Ave., Applications No. 504-64 and ND 07147 Dear Mr. Hartman: I reviewed your e-mail message addressed to the Los Gatos Town Council dated September 29, 2009. Your message refers to a letter dated May 20, 2009, co-authored by Diane McNutt, a member of the Los Gatos Town Council, and her husband, which was addressed to the Los Gatos Planning Commission. The letter concerned the above land use applications of your client, Holiday Drive LLC. You argue that the letter constitutes a conflict of interest that irreparably tainted past and fixture administrative proceedings concerning your client's applications. This will respond to your message. This response is not provided on behalf of Council member McNutt, who I do not represent in her individual capacity, including with regard to conflict of interest allegations. Instead, I respond on behalf of the Town of Los Gatos because I am responsible for ensuring the fairness and legitimacy of the Town's official proceedings, which are challenged by your message. Specifically, you allege that Council member McNutt, by co-authoring the letter, violated California conflict of interest rules prohibiting public officials from making, participating in making, or attempting to influence a governmental decision that has a material financial effect on an economic interest of the public official in a manner distinguishable from the effect on the public generally. Council member McNutt's residence is located within 500 feet of 26 Alpine Drive. You further allege that as a consequence of the letter your client was denied a fair hearing before the Planning Commission. Finally, you argue that the entire Town Council is similarly tainted by the letter and that all members of the Council must recuse themselves from participating in the hearing on your client's appeal, set to occur on October 5, 2009. As discussed more fully below, I do not agree that Council member McNutt violated California conflict of interest rules by co-authoring the May 20 letter. Consequently, I do not agree that your client was denied a fair hearing before the Planning Commission, nor do I agree that the Town Council is fatally tainted by the letter or that all members of the Council must recuse themselves from deciding your client's appeal. As you know, the Political Reform Act, California Govermnent Code section 81000 et seq.(the "Act"), prohibits elected officials from making or participating in a govermnental decision that may have a material financial impact on their economic interests. There are exceptions, however, including one allowing "[a]ppearances by a public official as a member of the general public before an agency in the INCORPORATED AUGUST 10, 1887 4M ATTACHMENT 11 Z pl Page 2 Eric F. Hartman, Esq. Subject: 26 Alpine Ave., Applications No. 504-64 and ND 07147 October 1, 2009 course of its prescribed goverrunental function to represent himself or herself on matters related solely to the official's personal interests [Title 2, California Code of Regulations, section 18702.4(a)(2) and (b)(1)] The letter co-authored by Council member McNutt falls within this exception. The letter was submitted for and made part of the public record of the pending public hearing on a land use application. The letter was handled in exactly the same manner as any related correspondence from the general public concerning a pending land use application. In the letter Council member McNutt addressed the applications as a concerned neighbor, making no effort to distinguish herself from the general public. The letter is analogous to participation in the public discussion of the applications, which is specifically permitted under the Act in situations where a public official with an economic interest is otherwise required to recuse himself or herself from consideration of the matter and further required to leave the meeting room. Other than your reference to the May 20 letter, you offer no evidence of any improper actions by Council member McNutt. Aside from cc-authoring the May 20 letter, Council member McNutt avoided any attempt to exercise rights that would be available to any other member of the general public regarding a pending land use application. She did not personally meet with Town planning staff at the Town Hall or at her home, did not call or write to the staff, did not meet with members of the Planning Commission (such meetings are specifically prohibited under the Planning Commission Policies and Procedures, adopted by the Town Council in Resolution 2001-42, rule 4.2), did not attend or testify at the Planning Commission hearings, and has not met with members of the Town Council in anticipation of the appeal hearing. Because the May 20 letter is consistent with the exception previously discussed and there is no evidence of any other participation by Council member McNutt, I must conclude that the proceedings of the Planning Commission concerning your client's applications were not tainted by a conflict of interest. Assuming curb aendo that the Planning Commission proceedings were tainted by a conflict of interest, there is no basis to conclude that any such conflict effected the decision, which focused on the architectural mass of the south elevation of the proposed residence. The decision reflects Town rules requiring the Commission to consider the architecture, neighborhood compatibility and impacts of proposed residential structures. [Los Gatos Town Code section 29.20.150; Los Gatos General Plan, Land Use Element] There is no reason why the Town Council cannot hear the appeal. Pursuant to Town Code sections 29.20.275 through 29.20.300, the appeal affords your client the opportunity to raise and the Town Council discretion to address any and all relevant issues. Any potential conflict of interest involving a member of the Town Council is addressed by the affected member recusing himself of herself consistent with the rules adopted by the FPPC. In situations where a majority of the members of the Town Council might be disqualified by conflicts of interest, the "rule of necessity" allows members with conflicts to participate in "legally required" decisions. [Title 2, California Code of Regulations, section 18708] Page 3 Eric F. Hartman, Esq. Subject: 26 Alpine Ave., Applications No. 504-64 and ND 07147 October 1, 2009 In conclusion, the May 20, 2009, letter co-authored by Council member McNutt did not result in a violation of California conflict of interest rules, did not alter the factors considered by the Los Gatos Planning Commission, and would not prohibit the Los Gatos Town Council from hearing your client's appeal of the decision of the Planning Commission, subject to Council member McNutt's recusal consistent with the rules adopted by the FPPC. Very truly yours, ORRY P. KORB Town Attorney OPK:pg tN:\NfCfR1Town Attorney!letteis\2b Alpine.doc cc: Mayor and Town Council Greg Larson, Town Manager Pamela Jacobs, Assistant Town Manager Wendie Rooney, Director of Community Development ~32J.00 Residential Office of the T©ti ii 19kkg LA U- V LS S1,7W- or`=per Commercial, Multi- 110 E, Main St., Los G CA 95030; flan I r Tentative -lap Appeal AW 14 APPEAL OF PLANNING COMMISSION DECISION L 0- undersigned, do hereby appeal a decision of the Planning ommission as follows: (PLEASE TYPE OR Ftb C3 CUjsjGAyo =v rsI PARTMENT # D:. - OF PLA1IVTNG COsMiMISSION DECISION: C PROJECT / APPLICATION NO: 17- 6~-6 A AAA A /L ADDRESS SS LOCATION: 52 L~ Pursuant to the Town Code, the Town Council may only grant an appeal of a Planninv g Commission decision in most att6rs if t Council finds that one of three (3) reasons exist for grantin, the appeal by a vote of at least three (3) Council members. Therefore, please specify how one of those reasons exist in the appeal: The Planning Commission erred or abused its discretion because There is new information that was not reasonably available at the time of the Planning Commission decision. which is :OR (please attach the new information if possible): OR The Planning Commission did not have discretion to modify or address the following policy or issue that is vested in the Town Council:. IF MORE SPACE IS !NEEDED, PLEASE ATTACH ADDITIONAL SHEETS. IMPORTANT: L Appellant is responsible for fees for transcription of minutes. A 5500.00 deposit is required at the time of ding. 2. Appeal must be filed within ten (10) calendar days of Planning Commission Decision accompanied by the required filing fee. Deadline is 5:00 p.m. on the 10" day fallowing the decision. if the 10' day is a Saturday, Sunday, or Town holiday, then it may be Fled on the workday immediately following the 10 day, usually a. Monda'Y. The Town Clerk will set the hearing withing 56 days of the date of the Planning Commission Decision (Town Ordinance No. 1967) 4. An appeal regarding a Change of Zone application or a subdivision map only must be filed within the time limit specified in _ the Zoning or Subdivision Code, as applicable, which is different from other appeals. Once ailed, the appeal will be heard by the Town Council. 6. If the reason for Granting an appeal is the receipt ofncw information, the applicati wi i , ed to the Plannin- Commission for reconsideratiertt. l PUNT \W AL: y r i f W ' t7SIGMA T t;iZ-E: - DATE: c / ADDRESS: _1 _ 1 !nF- ll`C OFFICIAL USF ONLY DATE OF PUBLIC HEARING: ©NgifZll.1"11C LETTER SEN"T : Date: Pending Planning Department Co4-iftrmation TO APPLICANT & APPELLANT BY: L. E TO SEND PLBL[CATiONk DATE OF PUBLICATION, ti ❑EVFORNIS'I'1--. - ".109-_n 1: ,mseAa. .d - 1111.n.i,s! C:~[nmusiun Id ATTACENILr7`i' I 1. The Planning Commission erred or abused its discretion because of the undue influence and false information received by them and the Planning Department, from a property owner that adjoins the north. property line of the appellant, This property.owner is a council member for the Town of Los Gatos. TOWN OF LOS GATOS PLANNING COMMISSION STAFF REPORT °s cASOg Meeting Date: May 27, 2009 PREPARED BY: APPLICATION NO.: LOCATION: APPLICANT: PROPERTY OWNER: CONTACT PERSON: APPLICATION SUMMARY: RECOMMENDATION: PROJECT DATA: Sandy L. Baily, Associate Planner S-04-64 and ND-07-147 26 Alpine Avenue (south of E. Main Street) Holiday Drive, LLC Holiday Drive, LLC Barre Barnes ITEM NO.: 3 Requesting approval to construct a new single family residence on property zoned R-1:20. No significant environmental impacts have been identified as a result of this project, and a Mitigated Negative Declaration is recommended. APN 529-37-042 DEEMED COMPLETE: May 4, 2009 FINAL DATE TO TAKE ACTION: November 4, 2009 Continue to a date certain for a redesign to reduce the mass of the structure and to reduce the height of the auto court retaining wall. General Plan Designation: Zoning Designation: Applicable Plans & Standards: Low Density Residential R-1:20 Residential Design Guidelines Parcel Size: 20,271 sq ft Surrounding Area: Existing Land Use General Plan Zoning North Single Family . e M dium... Density D R 1 .East............ ..._Single...Family Low Densi ty _ . R :20 ' 1 i South.....1 ....Single Family ~ Low Densit _.._....Y....................... . _ R-1:20 West Single Family Medium Density [ R-1D and and Low Density I R-1:8 ATTACHMENT 2 Planning Commission Staff Report - Page 2 26 Alpine/5-04-064 May 27, 2009 CEQA: It has been determined that the project will not have a significant impact on the environment and a Mitigated Negative Declaration has been prepared. CONSIDERATIONS: ACTION: EXHIBITS: BACKGROUND: As required by Section 29.20.150 of the Town Code for Architecture and Site applications. The decision of the Planning Commission is final unless appealed within ten days. 1. Location map 2. Mitigated Negative Declaration (previously received under separate cover) 3. Mitigation Monitoring Program 4. Required Findings 5. Recommended conditions of approval 6. Project data sheet, received May 4, 2009. 7. Green Checklist, received May 4, 2009. 8. Consulting Architect report (four pages), received August 31, 2006. 9. Consulting Arborist report (20 pages), dated June 16, 2006. 10. Letter of Justification (two pages), received May 21, 2009 11. Neighborhood Comments from applicant (four pages), received July 26, 2006. 12. Letter from Michael Cronk and Diane McNutt Cronk (13 pages), received May 20, 2009. 13. Email from Don Perry (one page), received May 21, 2009. 14. Development Plans (15 sheets), received May 4, 2009. The subject property is the remaining undeveloped lot of a three lot subdivision which was approved by the Planning Commission in 1991. During the course of the subdivision hearing, several Planning Commissioners and neighbors raised concerns over the future lot development including "grading, tree removal, irllpet on the creek, privacy, Shadow studies, the square footages of the buildings and how obtrusive they might be" on surrounding properties. It was decided that the subdivision could be approved if conditions were set to limit the square footage of the future houses to no more than 2,500 square feet, protect specimen trees and to meet hillside grading and drainage standards. (The Commission should note that pursuant to the State Subdivision Map Act, these types of conditions, to restrict the development of the site cannot be imposed. However, these directions can be required during the Architecture and Site approval process). Planning Commission Staff Report - Page 3 26 Alpine/S-04-064 May 27, 2009 On July 27, 1993, the issue of modifying the 2,500 square foot maximum was discussed by the Conceptual Development Advisory Committee. The Committee determined that they would recommend an increase in the allowable square footage if such an increase was not in conflict with the adjacent neighborhood. However, the Committee expressed concerns about allowing any significant square footage increases on two of the lots that had the steepest slopes, which included the subject parcel. On June 16, 1995, an Architecture and Site application was filed to construct a 3,462 square foot house at the subject site. A neighbor expressed concern with this proposal and the application was eventually withdrawn. On September 23, 1998, an application was filed to modify conditions of the subdivision to permit the house size to be a maximum of 3,600 square feet. By this time, the Town had revised the Floor Area Ratio requirements to reduce the net lot size for sloping lots, which would permit a house size of 2,633 square feet (excluding a cellar) on the subject site. The application was scheduled for a hearing by the Planning Commission but was withdrawn by the applicant prior to the hearing. A new application has been filed which complies with current FAR requirements and the square footage (excluding cellar) noted in the subdivision approval. The final project has been modified to meet the adopted Guidelines and Standards for Land Use Near Streams, which were adopted prior to the project being deemed complete. PROJECT DESCRIPTION: A. Location and Surrounding Neighborhood The project site is located at 26 Alpine Avenue on the west side of the street, southeast of E. Main Street (Exhibit 1). The subject lot also has frontage on Jackson Avenue. Adjacent properties and those across both streets are occupied by single family residences. B. Architecture and Site Approval Architecture and Site approval is required for construction of a new residence. C. Zoning Compliance The proposed residence and garage are within the allowable floor area for the property and are compliant with setbacks, building coverage and height requirements. A single- family residence is a permitted use in the R-1 zone. Planning Commission Staff Report - Page 4 26 Alpine/S-04-064 May 27, 2009 ANALYSIS: A. Architecture & Site The site is a vacant parcel totaling 20,271 square feet and is elevated above the street level of Alpine Avenue and Jackson Street. The average slope of the lot is 37 percent which reduces the lot area to 8,108 square feet for FAR calculations. The allowed FAR is .325 and the proposed FAR is .308. The multi-level house consists of 2,500 square feet with a 1,382 square foot cellar, for a total of 3,882 square feet and an attached 740 square foot garage. See data table (Exhibit 6). The cellar is exempt and is not included in the floor area total. The garage is accessed from the side and will not dominate the front elevation. The maximum height of the proposed residence is 30 feet. Exterior materials will consist of a plaster finish and a composition shingle roof. A color and material board will be provided at the hearing. Story poles have been placed on the site to aid in the Commission's review of the project. The plans were evaluated using the previous Residential Development Standards since the plans were completed during the process of developing the recently adopted Residential Design Guidelines. The site is located outside of the Hillside Area. Story poles were previously installed early in the process to assist staff and the Consulting Architect in their analysis. The Consulting Architect reviewed the proposal and his recommendations have been incorporated into the design (see Exhibit 8). The Consulting Architect commented that the mass impact of the right elevation when viewed from Jackson Avenue is difficult to judge and might be cause for some reduction in building mass. The Consultant left the analysis of the overall mass and house size in relationship to the lot to the discretion of the Town and focused his recommendations on reducing the visual mass and scale of the house. The application is technically not subject to the current Residential Development Standards. However, due to the slope of the lot, staff analyzed the project with the applicable sections of the Hillside Development Standards and Guidelines (HDS&G's), including site selection, grading, drainage, driveways, parking, geologic safety and retaining walls. Pursuant to the current standards, the application of the Residential Development Standards and the HDS&G's is discretionary and the deciding body should consider- the character of the surrounding neighborhood and environment when implementing a strategy or guideline. The site does not contain a building area that is within the Least Restrictive Development Area (LRDA). The applicant has designed the house within the slope of the hillside to reduce the mass of the structure, which has resulted in cuts which exceed what is recommended by the HDS&G's. Although a house could be designed to reduce graded cuts and fills, the Commission should note that a house cannot be designed at this site that meets the HDS&G's cut and fill standards. Please see the applicant's Letter of Justification (Exhibit 10) for additional information regarding the proposed project. Planning Commission Staff Report - Page 5 26 Alpine/5-04-064 May 27, 2009 B. Green Building 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. A condition has been included that requires the project to be certified as green through evaluation using the Green Point checklist. The checklist is required to be completed by a Certified Green Building Professional prior to issuance of building permits. 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 56 points (Exhibit 7). C. Access and Parkin Access to the site is from Alpine Avenue between two existing rock pillars that are conditioned to remain since they are part of the historic rock walls along Alpine Avenue. Originally, 26 Alpine and 3 8 Alpine Avenue shared a common driveway which cut across the entire front of the subject parcel. However, during this application process, the applicant worked with the adjacent neighbor, at their request, to construct a separate driveway entrance within the existing easement to the adjacent property. This readjustment reduces the amount of impervious material in the front setback and allows for additional landscaping in the front yard. There is no on-street parking permitted at this end of Alpine Avenue. The applicant is proposing a three car garage and a large auto court in front of the garage to accommodate off street parking. D. Neighborhood Compatibility The proposed architectural style and exterior materials are consistent with other homes in the immediate area on similar lot sizes. The FAR and house and garage sizes are within the range of those on properties in the neighborhood. The following data was obtained from County and Town records. The FARs for several -of the developed lots-iri the neighborhood are actually-higher; since they are on-sloping lots. The slope data for these developed lots is not available, therefore, it is not possible to determine the FARs. Consequently, the comparison chart below is based on lot size only, and the slope of the lots was not taken into account when determining the FAR. Cellar data is not available for the neighborhood, and therefore, is included in the house square footages and the FAR calculations. Planning Commission. Staff Report - Page 6 26 Alpine/5-04-064 May 27, 2009 lildr ss sf iragef : W2 i`oize sf a N}.~° Stooea WAR FAR 4F 19 Alpine Ave* 2,715 400 44,431 one .061 25 Alpine Ave* 4,255 768 44,431 two .096 47 Alpine Ave 2,398 400 33,040 one .073 57 Alpine Ave 3,827 764 26,100 one .147 38 Alpine Ave* 3,471 396 21,780 two .159 50 Alpine Ave* 3,120 824 21,671 one .144 54 Alpine Ave 4,602 858 31,363 two .147 58 Alpine Ave 4,444 798 23,522 two .189 23 Jackson St 1,120 400 5,200 one .215 27 Jackson St* 1,316 440 3,750 two .351 48 Jackson St 4,389 864 20,066 two .219 15 Oak Hill Way* 2,067 400 25,000 two .083 194 Villa Ave* 780 0 6,534 one .119 26 Alpine Ave 3,382 740 20,271 two .167 "'Immediate Neighborhood • House sizes range from 780 to 4,602 square feet • Garage sizes range from 0 to 864 square feet • Lot sizes range from 3,750 to 44,431 square feet • FARs range from .061 to .3 51 E. Trees An arborist report was prepared for the site (Exhibit 9). Changes were made to the plans to save two trees noted to be removed in the Arborist report and tree impacts were reduced to two other trees that the Arborist originally required to be relocated. The site contains a significant amount of trees that form nearly a continuous canopy over much of the property. Fifteen trees are proposed to be removed, 12 of which will require mitigation. Three trees are considered a hazard and should be removed regardless of this project. These trees consist of a 22 inch and a 28 inch Oak, and a multi-trunk Blue Elderberry. Pursuant to Town Code, mitigation for these tree removals is not required. Planning Commission Staff Report - Page 7 26 Alpine/5-04-064 May 27, 2009 Trees proposed for removal that are moderately suitable for preservation include a 5.5 inch Buckeye; two, 7 inch, a 5.5 inch, and a 16 inch Coast Live Oak; a 46 inch Blue Gum; and an 18 inch Mexican Fan Palm. Trees proposed for removal with a low suitability for preservation include a 7.5 inch and a 16 inch Bay; a multi-trunk and a 7 inch Silver Wattle; and a 32 inch Monterey Pine. Conditions of approval have been included requiring compliance with the arborist recommendations and final review by the Consulting Arborist prior to the issuance of any building/grading permits to ensure compliance. F. Grading\Geotechnical Review The applicant submitted geologic investigations that were reviewed by the Town's Geotechnical Consultant. The project site slopes downhill toward the northwest. As noted above, the average slope of the lot is 37 percent. Although the site has very steep slopes and soils that are susceptible to creep-type movements, the investigations concluded that development of the site is feasible from an engineering geologic and geotechnical engineering viewpoint. Conditions of approval have been included requiring compliance with the geotechnical recommendations. Proposed earthwork will consist of 1,474 cubic yards of cut and 140 cubic yards of fill with an export of 1,334 cubic yards from the site. A retaining wall ranging from two to nine feet is proposed for the auto court area which will be visible to the lot below. Two maximum five foot high retaining walls are stepped down along the southern side of the property to provide a useable private open space area. The applicant worked with Town staff to reduce the heights of these walls to be in compliance with retaining wall heights required for properties in the Hillside Area. These walls will only be visible to the occupants of the subject site. Per the Consulting Arborist recommendation, the location of one of the walls is required to be modified at the front portion of the property to reduce impacts to an existing Oak tree. The applicant will comply with this recommendation during the permit process. G. Drainage A creek channel extends in a north-south direction across the western portion of the site -af Jackson Avenue. This creek ultimately drains to the Town's storm drain system to -the north of the project site in the vicinity of Villa Avenue. Due to the steepness of the site's slopes, the surface runoff from the finished project will be required to be collected in drainage pipes and discharged to an energy dissipater that will be located on a flatter portion of the site to the north of the house. From this point, runoff would flow overland as sheet flow to the creek channel. H. CEQA Determination Due to the average slope of the lot within the area of construction, an Initial Study was required (Exhibit 2). The areas of mitigation are as follows: Planning Commission Staff Report - Page 8 26 Alpine/5-04-064 May 27, 2009 • Aesthetics - The mitigation measures address tree screening to help screen views. • Biological Resources - The mitigation measures address the recommendations made by the Consulting Arborist to reduce tree impacts, review by appropriate agencies for improvements adjacent to the creek and to reduce impacts to nesting birds. • Cultural Resources - The mitigation measures address the possible finding of archaeological resources. • Geology and Soil - The mitigation measures address engineering requirements to reduce geologic, soils and seismic constraints. All mitigation measures have been included as conditions of approval (Exhibit 5). In addition, a Mitigation Monitoring Program has been prepared to designate the responsible department or agency, and timing of each mitigation measure (Exhibit 3). PUBLIC COMMENTS: The applicant met with several of the neighbors in 2006 to discuss the project (Exhibits 11 and 13). As noted above, the applicant worked with an adjacent neighbor to relocate their access to the site along the shared driveway. The Town has received one letter from a concerned neighbor who is immediately below the subject site and would be the most impacted by this proposal (Exhibit 12). The neighbor has raised the following issues: 1. The homes on Jackson Street, Oak Hill Way and Villa Avenue should be included in the neighborhood compatibility analysis. Staff Note: This analysis is included in the neighborhood compatibility section of this report. 2. The proposed square footage is larger that what was conditioned for the subdivision approval. Staff Note: Town staff has interpreted the subdivision's recommended square footage for the lots to exclude a cellar. The basis for this interpretation is that the overall square footage of the two existing houses within the subdivision exceed 2,500 square feet and pursuant to Town Council Policy, cellars are not included in floor area calculations. 3. Any work in the creek should not impact the neighbor's property and any creek improvement would be welcomed. Staff Note: Town staff contacted the Regional Water Quality Control Board to discuss the possibility of requiring creek improvements at-the subject-site as part of this-application-process. -Since no-work is proposed in the creek area, the Board stated that they do not have authority to regulate or require improvements for this project. The Board did not encourage the Town to require any creek improvements since they felt the less impact to the creek the better. 4. Stormwater runoff as a result from construction could impact the lot below. Staff Note: Town staff has evaluated the drainage and has determined that the proposed site improvements will reduce the amount of drainage that naturally and currently drains to the neighbor's property. The site improvements will intercept the current runoff and redirect most of the water to the energy dissipator which drains to the creek. Planning Commission Staff Report - Page 9 26 Alpine/5-04-064 May 27, 2009 5. The north elevation is massive, trees would be removed, all of which will impact privacy and quality of life. Staff Note: Staff concurs that the north elevation appears massive and the applicant was informed of this concern early in the process. As noted above, the subject site is heavily covered with trees. The trees proposed to be removed have a low to moderate suitable rating for preservation. Staff concurs that several of the trees to be removed currently help screen the lot. The report recommends that the plans be revised to reduce the mass of the structure and to reduce the height of the auto court retaining wall which could also reduce tree impacts. In addition, conditions have been included to require tree screening of the proposed home and the auto court retaining wall. CONCLUSION AND RECOMMENDATION: A. Conclusion The lot is challenging to develop due to the steep slope and the location of trees and the creek. Although the front of the house has a low profile and is designed to be sensitive to the neighborhood, staff has concerns with the mass and scale of the right side elevation, which may be visible from Jackson Street and the mass of the nine foot high auto court retaining wall. An alternative to reduce the mass of the house is to reduce its length. The house has a narrow width of approximately 12 feet so a reduction of the width to move the house up the slope is not recommended. However, the house could be redesigned to be pushed towards the southern property line and set into the hillside, where the applicant is proposing a flat pad for a patio area. In addition, the turreted stairway element, which is sympathetic to the architectural style, appears to add to the mass of this elevation and modification to this element may help reduce the mass. As for the auto court, Town Code requires a backup distance of 25 feet from the garage. The applicant is proposing a backup of 30 to 35 feet. In addition, Town Code requires only two parking spaces, and the applicant is proposing a three car garage. By reducing the size of the garage and the backup area, the retaining wall would range in height from approximately one to seven feet. The proposed height ranges from two to nine feet. Another possibility is to modify the garage so that the entrance is from the front elevation, not the side. Although this would eliminate the auto court area, a major portion--ofthe-front- elevation- would consist-ofthe-garage: -T-he modifications-suggested for the auto court area would reduce potential tree impacts. B. Recommendation Staff recommends that the Planning Commission continue the matter to a date certain with directions to reduce the mass of the structure and the height of the auto court Planning Commission Staff Report - Page 10 26 Alpine/S-04-064 May 27, 2009 retaining wall. If the Commission finds merit with the proposal the following actions should be taken to approve the Architecture and Site application: 1. Make the Negative Declaration (Exhibit 2); 2. Adopt the Mitigation Monitoring Program (Exhibit 3) 3. Find that the project is consistent with the considerations for approval of Architecture and Site applications (Exhibit 4); and 4. Approve Architecture and Site application S-04-64 subject the conditions in Exhibit 5. Prepared by: Tidy L. Baily, AICP Associate Planner WRR:SLB:mdc Approved by: Wendie R. Rooney Director of Community Development cc::, Holiday Drive LLC, 2175 De La Cruz Blvd #C, Santa Clara, CA 95050 N:\DEV\REP ORT,S\2009\alpine26. doe 26 Alpine Ave R-1:20 RM:5 LR-1.20 ain C-2 - [~a AI III :20 R-1 EXHIBIT 1 NOTICE TOWN OF LOS GATOS ENVIRONMENTAL IMPACT REVIEW MITIGATED NEGATIVE DECLARATION Lead Agency: Town of Los Gatos Community Development Department 110 East Main Street Los Gatos, CA 95031 Project Title and Location: 26 Alpine Avenue. Architecture and Site Application S-04-64 Negative Declaration ND-07-147 Project Description: The project applicant is requesting Architecture and Site approval to construct a new single-family residence on a 20,271 square-foot (s.f.) parcel (APN 529-37-042). The project site has frontage on both Alpine Avenue to the east and Jackson Avenue to the west. A creek extends along the western project boundary, so the project's driveway access would be from. the east off Alpine Avenue. The site's average slope is 37 percent. The proposed residence would be two stories with a total of 3,632 s.f. (gross) of living area, 250 s.f. of storage area, 740 s.f. of garage area, 1,510 s.f. of driveway area, and 780 s.f. of walkway/deck area. A breakdown of living, storage, and garage areas would be as follows: ■ Entry Level: 2,343 square feet of living area ■ Lower Level: 1,259 s.f. of living area, 123 s.f. of storage area, and 740 s.f. of garage Access to the residence would be provided from Alpine Avenue via a 50-foot long motor court (porous concrete block finish) that would extend from an existing 10-foot wide driveway located along the eastern project boundary. The existing driveway connects to Alpine Avenue at the site's northeastern project boundary. Determination: Although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures listed below have been added to the project, mitigating potential impacts to a less-than-significant level. An Environmental Impact Report will not be required. . Statement of Reasons to Support Finding: L-Aesthetics:-The propect steis located-between Alpine aril Jackson avenuesSnce ibis loomed upslope-- from Jackson Avenue and downslope from Alpine Avenue, it is most visible from Jackson Avenue. Given its downslope location on Alpine Avenue, there is only one house on Alpine that is located directly above (to the south) of the project site. Houses across Alpine Avenue (to the east) do not overlook the project site. Since the site is heavily wooded, views of the site from Jackson Avenue and homes to the north and northwest (on Jackson) are primarily of the existing tree cover. Views of the proposed home from Alpine Avenue would be limited to the entry fagade, which is the narrowest part of the house (25 feet wide). Other portions of the house would likely be screened from MARCH, 2009 1 EXHIBIT 2 j•r MITIGATED NEGATIVE DECLARATION - 26 ALPINE AVENUE view by existing trees that are proposed to be retained. Since the entry driveway already exists (formerly ' s appearance used by the home to the south), there would be no significant change in the driveway entry and motor courtyard would be downslope of the house and d drivewa Th A y e propose venue. from Alpine below street level and therefore, would have.limited visibility. scenic views to the north are available from the. existing home to the south; According. to Distant , proposed plans, the finished floor elevation of the existing home to the south is 422 feet, while the highest elevation on the project home's roof would be approximately 420 feet. Based on these elevations, existing scenic views from this home would not be adversely affected by the proposed home. The proposed home would appear as a one-story home from the south. The proposed home would be most visible from Jackson Avenue and homes directly to the north (adjacent) and northwest (across Jackson). Existing trees in the western portion of the site (along the creek channel) are mostly small trees, so visual screening benefits could be limited. The two-story height on the downhill side of the home combined with the proposed retaining wall (nine feet high) for the motor courtyard could significantly change views from Jackson Avenue, particularly from the existing home to the north that is located on Jackson. The Town's consulting architect, Cannon Design Group, completed an architectural review and recommended that design elements (e.g., adding landscaping at the front entry and in front of the proposed retaining wall associated with the motor courtyard or facing this wall with stone, and modifying architectural details) be added to reduce the building's impact on views from Alpine and Jackson avenues. In addition, the following measure will be required to reduce visual impacts from Jackson Avenue: MITIGATION: Trees shall be planted west of the proposed motor courtyard to help screen views of the proposed home and retaining wall associated with the courtyard from Jackson Avenue and homes to the north and northwest. Additional landscape screening (either shrubs or trees) shall be planted as necessary along the northern project boundary to screen views of the home from the adjacent home to the north. MITIGATION MONITORING: The Planning Division of the Community Development Department will be responsible for ensuring required landscape screens are incorporated into the proposed landscape plan. Outdoor lighting would be provided on the exterior of the home. Project exterior lighting would not be expected to adversely affect nighttime views in the area due to screening provided by existing tree cover as well as the distance and. elevation change between the project and residences to the southeast. In addition, the Zoning Ordinance (Section 29.10.09035) would prohibit the production of direct or reflected glare (such as that produced by floodlight) onto any area outside the project boundary. 2. Agriculture Resources: The 0.47-acre project site is currently undeveloped, but the site's agricultural ' s sloping potential is limited by the small size of the site, adjacent residential development, and the site topography (37 percent slope). Therefore, the project would not adversely affect any existing agricultural resources at the site. Since the site is not in agricultural use, the project would not adversely affect any existing agricultural operations. 3. Air Quality: According to the Town, the project would generate one AM peak hour trip and one PM ' s peak hour trip. The proposed residence would be below the Bay Area Air Quality Management District (BAAQMD) threshold levels for potential significance for residential uses. The BAAQMD threshold level for potential significance is 375 single-family units. At or above this size, traffic generated by the MARCH, 2009 2 MITIGATED NEGATIVE DECLARATION - 26 ALPINE AVENUE _ project could produce air quality problems, and an air quality impact assessment would need to be r - prepared and submitted to the BAAQMD for review. I Proposed grading activities would generate short-term emissions of criteria pollutants, including suspended and inhalable particulate matter and equipment exhaust emissions. The BAAQMD does not require quantification of construction emissions, but considers any project's construction-related impacts to be less than significant if required dust-control measures are implemented. The Town's standard construction notes that are included with all projects- require t116 contractor to "meet or exceed the requirements of the appropriate air quality management agencies..." Therefore, standard Town requirements would require implementation. of the BAAQMD's standard dust control measures (which are required on sites of three acres. or less); which would mitigate the project's construction-related air quality impacts to a less-than-significant level. In 2006, California passed the California Global Warming Solutions Act of 2006• (Assembly Bill No. 32; California Health and Safety Code Division 25.5, Sections 38500, et seq.)-, which limits statewide, greenhouse gas (GHG) emissions to 1990 levels and establishes a goal of achieving these emissions reductions by 2020 (representing a 25 percent reduction in emissions). AB 32 requires the California Air Resources Board (GARB) to adopt a comprehensive blueprint for limiting greenhouse gas emissions by the end of`2008 and complete the necessary rule-making to implement that plan. by the end of 2011, including adoption of a list of discrete, Early Action Measures that can be implemented before January 1, 2010. At present, adopted early action measures include a low-carbon fuel standard, reduction of refrigerant losses from motor vehicle- air conditioning system maintenance, and increased methane capture from landfills. Cumulatively, all 44"early actions could achieve a reduction of 42 million metric tons of C02-Equivalents by 2020. Some proposed measures will require new legislation to implement, some will require subsidies, some have already been developed, and some will require additional effort to evaluate and. quantify. While most measures relate to transportation, fuels, agriculture, commercial uses, businesses, and local government, there is one measure that could be relevant to the project, if adopted: CARB 2-9, Energy Efficiency, which calls for provision of light-covered paving, cool roofs, and shade trees. Since the CARB has not adopted a methodology or defined quantitative thresholds that can be applied to a specific development project to evaluate an individual project's contribution to GHG emissions (particularly, for a project as small as one single-family residence), no significance determination for the proposed project can be made at this time. However, until such time that a.methodology is adopted and mitigation can be applied, it is recommended that energy efficiency measures be incorporated into the proposed residence to the maximum extent feasible (including light-covered paving, cool roofs, and shade trees). It is also recommended that solar access to the project building as well as existing adjacent structures be maintained to the maximum extent feasible. The project's shadow study (included in project plans dated June 2004) indicates the project would not shade any adjacent residences (including the residence to the north) during the winter or summer. In-Apri-1-2008, .the-Town-adopted green.-building desi_-gn policies -With-respectto this- project,- these-policies _ will require the project to complete a GreenPoint Rated checklist as part of the planning application. Requiring a checklist as part of a planning application does not require that the proposal incorporate green building practices. However, it will enable the Town to track the current use of green building practices and establish a baseline for future green building practices and requirements. The checklist requirement will also draw the attention of design and building professionals to the possibility of incorporating green building techniques into future projects. While the proposed home will be required to comply with energy efficiency requirements of the California Energy Code (Title 24, Part 6 of the California Administrative Code), the Town will also review the proposed project for consistency with green building practices. MARCH, 2009 0 1 MITIGATED NEGATIVE DECLARATION 26 ALPINE AVENUE 4. Biological Resources: Impacts on Creek Channel. Jurisdictional waters of the U.S. include such areas as intermittent creeks and drainages, seeps and springs, stock ponds, and seasonal wetlands such as vernal pools and swales. Intermittent creeks flow for only part of the year, generally during winter and spring months. Intermittent creeks meet the requirements for classification as "Waters of the U.S." and therefore come under the jurisdiction of the U.S. Army Corps of Engineers (USACE). The creek channel that traverses the northern portion of the site is an-intermittent creek and may fall under the jurisdiction of the USACE and CDFG. Federal regulatory jurisdiction extends laterally to the entire water surface and bed of a navigable waterbody, which includes all the land. and waters below the ordinary high water mark; state regulatory jurisdiction includes the portions of stream sections between the tops of creek banks and associated riparian habitat. Since proposed project construction would occur on the upland portions of the site and would not directly entail activities within the creek channel or affect riparian vegetation, the project would not be subject to federal or state regulations pertaining to jurisdictional waters of the U.S. Since the Town will require that rip rap be provided at the storm drain discharge point (energy dissipator) and the creek channel and banks would not be disturbed, (see Section 7, Hydrology and Water Quality), this on-site drainage modification would not be subject to CDFG regulation. However, the following measure will be required to ensure appropriate creek protections are implemented: MITIGATION: If rip rap or any drainage improvements are extended to the top of bank, the USACE and CDFG should' be: consulted to determine their jurisdiction over these improvements. In the event that federal and/or state agency jurisdiction applies to drainage modifications required by the Town, the project applicant would need to obtain the appropriate permits as determined by the CDFG and USACE. MITIGATION MONITORING: The Planning Division of the Community Development Department will be responsible for ensuring appropriate permits are obtained based on agency determinations. As indicated in Section 7, Hydrology and Water Quality, surface runoff from the site would be conveyed, by pipe to one energy dissipator (rock-lined bubbler inlets) that would be located on the flatter portion of the site to the north of the house. The energy dissipator and area of drainage percolation would be located upslope of the creek channel and bank on the site. Consequently, the project's storm runoff would not threaten the long-term viability of oak trees to be retained on the site. Any erosion and downstream sedimentation resulting from the project could have a significant adverse effect on water quality downstream of the project site due to increased turbidity, siltation, or spillage of contaminants during construction. This could adversely affect any aquatic habitat located downstream. With implementation of erosion control and drainage measures required by the Town (see Section 7, Hydrology and Water Quality), this potential impact would be less than significant. The proposed residence would be located on the upper elevations of the subject property, approximately 35 feet from the creek channel. The proposed residence also maintains appropriate setback distances from Alpine Avenue, as required by the Town. An evaluation of the creek's riparian zone was prepared by Wood Biological Consulting* (September 2007) in order to assess the proposed project's effects on the riparian zone and associated habitat values. The assessment entailed a delineation of the riparian zone and an analysis of the project according to the Town's Guidelines and Standards for Land Use Near Streams. The Guidelines recommend slope stability protection area setback distances . between creeks and single-family structures to ensure adequate protection for both. For streams with no hardening of embankments, the Guidelines specify 20 to 25 feet of setback from the top of bank; an additional 5 feet of setback is indicated for lots larger than 10,000 s.f. For the project's 20,271 s.f. parcel, the minimum setback for the proposed structure would be 25 to 30 MARCH, 2009 4 MITIGATED NEGATIVE DECLARATION - 26 ALPINE AVENUE feet from the creek's top of bank. The project's proposed 35-foot setback from the creek would be consistent with the Guidelines. As a result of the proposed setback, there would no direct effects of project development on the riparian corridor. The project would minimize impacts on the riparian corridor by retaining all existing vegetation, including oak and bay trees (Quercus agrifolia, Umbellularia californica) located adjacent to or near the creek, and there would be no landscape plantings within the riparian corridor. To mitigate the project's impacts on the riparian corridor to a less-than-significant level, the following measure will be implemented: MITIGATION: If land clearing, grading, tree and brush removal, tree trimming or demolition activities are to occur during the nesting season (i.e., between February 1 and August 15), a pre- construction survey for nesting migratory birds shall be conducted by a qualified biologist from one to four weeks prior to the initiation of work. If no nesting birds are observed, work may proceed. If work is delayed more than four weeks from the date of the survey, and it is still within the nesting season, the pre-construction survey shall be repeated. MITIGATION. If occupied active nests of a migratory bird species are identified, a suitable buffer shall be established around the nest tree. Work within the buffer zone shall be prohibited until August 15th or until the young have fledged, as determined by the project biologist. The dimensions of each buffer zone shall be determined by the biologist in consultation with the CDFG.. Buffer zones vary depending on the species and site topography, with passerines typically requiring 75 to 100 feet and raptors 200 to 500 feet. MITIGATION MONITORING: The Planning Division of the Community Development Department will be responsible for ensuring this survey is completed prior to construction. Removal of Ordinance Trees. Policy O.P.3.3 of the Open Space Element of the Los Gatos General Plan emphasizes preservation of public and private landscaping along Town streets. The Los Gatos Tree Protection Ordinance states that the preferred tree replacement is two or more trees of a species and size designated by the Director of the Parks and Public Works Department. Tree replacement requirements are based on canopy size, which is defined in Table 3-1 of the Ordinance, Tree Canopy - Replacement Standard. Tree canopy replacement requirements range from two to six 24-inch box size trees or two 36- inch and/or 48-inch box size trees, depending on the canopy size of the tree to be removed. The project site contains a relatively significant number of large and small trees that form a nearly continuous canopy over most of the property. Trees are dominated by native species, primarily oaks, bays, and buckeyes. The upper, southern portion of the project site supports an oak-bay woodland area with scattered coast live oaks and bay trees. A tree inventory and site analysis was completed by the Town's arborist, Arbor Resources, and a copy of this report is available for review at the Los Gatos Community Development Department. AR indicates that 59 trees were inventoried on the site: 27 coast live oaks, 11 California bays, five valley oaks, five California buckeyes, three blue gum eucalyptus, three The project would result in the removal of 15 trees (Nos. 32-37, 44, 47-51, 54, 56, and 57; see tree location map in Attachment 1 of the Initial Study). Eight trees are highly suitable for retention and will be required to be adequately protected. AR recommends revision of the proposed grading and drainage plan to avoid grading or trenching (including overcutting) within specified minimum setbacks of 10 to 20 feet. AR determined that the expected loss of the 15 trees would seemingly comply with Section 29.10.0990 of j the Town Code due to their condition, location, size and /or species. Pursuant to Town Code, mitigation MARCH, 2009 5 u t. MITIGATED NEGATIVE DECLARATION - 26 ALPINE AVENUE for the loss of these trees will be required. The Parks and Public Works Department will ultimately determine the need for replacement tree plantings and adequacy of the landscaping plan as part of the tree removal permit process. During project construction, there would be the potential for damage to the trees proposed for retention. In addition, proposed -grading -and -drainage improvements - associated with the residence_ construction could result in slope and drainage changes in proximity to the root zones of existing trees to be .retained. Such changes could threaten the long-term viability of existing trees to be retained. To ensure long-term viability of oaks and other trees to be retained, the following measure will be required: MITIGATION: The project applicant shall be required to implement recommendations made by the Town's consulting arborist, Arbor Resources, in its June 16, 2006 report. These measures are included as Attachment 1 of the Initial Study. MITIGATION MONITORING: The Planning Division of the Community Development Department will be responsible for ensuring that all recommendations made by the arborist are reflected in final project plans. The Parks Division of the Parks and Public Works Department will be responsible for ensuring that all tree protection measures are properly implemented during construction. 5. Cultural Resources: The project site is undeveloped with little to no surface disturbance. The proposed home would be located in an area with undisturbed soils. There is typically a higher potential for encountering archaeological resources in areas adjacent to a river or creek. Although the potential for encountering cultural resources during project construction would be low due to the site's steep topography and the intermittent nature of this drainage channel that traverses the site, the potential for such resources cannot be completely eliminated due to the site's proximity to this channel. Therefore, the following mitigation measures will be required: ` MITIGATION: In the event that archaeological traces are encountered, all construction within a 50-meter radius of the find will be halted, the Community Development Director will be notified, and an archaeologist will be retained to examine the find and make appropriate recommendations. MITIGATION: If human remains are discovered, the Santa Clara County Coroner will be notified. The Coroner will determine whether or not the remains are Native American. If the Coroner determines that the remains are not subject to his authority, he will notify the Native American Heritage Commission, who shall attempt to identify descendants of the deceased Native Americans. MITIGATION: If the Community Development Director finds that the archaeological find is not a significant resource, work will resume only after the submittal of a preliminary archaeological report and after provisions for reburial and ongoing monitoring are accepted. Provisions for identifying descendants of a deceased Native American and for reburial will follow the protocol set forth in CEQA Guidelines Section 15064.5(e). If the site is found to be a significant archaeological site, a mitigation program will be prepared and submitted to the Community Development Director for consideration and approval, in conformance with the protocol set forth in Public Resources Code Section 21083.2. MITIGATION: A final report shall be prepared when a find is determined to be a significant archaeological site, and/or when Native American remains are found on the site. The final report will include background information on the completed work, a description and list of identified resources, the disposition and curation of these resources, any testing, other recovered I J__1 information, and conclusions. MARCH, 2009 6 MITIGATED NEGATIVE DECLARATION - 26 ALPINE AVENUE MITIGATION MONITORING: The Planning and Building Divisions of the Community Development Department will be responsible for ensuring that these measures are implemented appropriately during construction as the need arises. 6. Geology and Soils: 'A review of the Town's hazards maps indicates that the project site has a very high erosion potential, high shrink-swell potential, high potential for fault rupture, and moderate potential for seismic shaking. No liquefaction or debris flow hazards were identified for the site. The Town's Fault Map indicates that the site is located on or near a concealed section of the Berrocal Fault and the site vicinity is mapped as "Concentration of Coseismic Ground Deformation. The project site slopes downhill toward the northwest with slopes averaging 37 percent. The proposed structure would be cut into the hill slope on the uphill side and the excavated material would be used to fill the motor courtyard area. Proposed earthwork would entail 1,414 cubic yards of excavation and 140 cy of fill, resulting in a net export of 1,274 cy. Given the site's sloping topography and the proposed extent of surface disturbance, there would be a potential for erosion hazards if soils were subject to concentrated runoff flows. Potential erosion hazards would be less than significant with Town conditions of approval, which will include provision of interim and final erosion control plans. Geotechnical engineering investigations were completed for the project site by Pollak Engineering, Inc. in 2008 and Hallenbeck/Allwest Associates (HAA) in 2005. They updated two previous studies (a geologic hazard evaluation prepared in 1996 and a geotechnical engineering investigation dated 1997) that were completed by Hallenbeck and Associates for a similar proposal on the project site. In 2005, the Town's geotechnical consultant, Geomatrix, completed a peer review of the 2005 study and HAA responded to Geomatrix's concerns in an addendum: Supplemental peer reviews were completed by Geomatrix (also AMEC Geomatrix) on February 15, 2006 and November 13, 2008 of the supplemental geotechnical studies by HAA and Pollak. Copies of these studies are on file at the Los Gatos Community Development Department. As part of these studies, a total of six borings were drilled on the project site within and below the area proposed for development. Although the site has very steep slopes and soils are susceptible to creep-type movements, these investigations concluded that development of the site is feasible from an engineering geologic and geotechnical engineering viewpoint. According to the State of California Seismic Hazard Zones Map, the site is not located within a Seismic Hazard Zone. However, an approximate 20-foot high slope, which represents an alluvial terrace boundary, exists in the central part of the site. Slopes range from 50 to 60 percent (from 1.5:1 to 2:1 (horizontal: vertical). A shallow slough (approximately 15 feet wide and long) was identified near the top of the slope within the potentially unstable area. Evidence of large or deep-seated landslide movement was not detected during these studies. However, HAA indicates it is highly likely that shallow slope failures will continue to occur in the area susceptible to creep and shallow sloughing, unless some form of mitigation is implemented. Since the proposed home and motor courtyard would be. located in this area and substantial grading (predominately cut) would occur in this area, project construction would result in removal of unstable surface soils. Retaining walls would be an integral part of the proposed development, and -if adequately.-engineered,--would_remo.ye_the_potential_for-instabilities.to..affect_the-site_in_the future.- Grading for the proposec driveway would consist of the placement of engineered fill on the relatively gently sloping terrace at the base of the slope in order to achieve a desired finished grade. Substantial grading would result in cut slopes that will need to comply with Cal-OSHA standards and the extent of retaining walls proposed necessitate them to be engineered consistent with HAA recommendations. The supplemental study by Pollak provided additional design criteria for the retaining walls: AMEC Geomatrix reviewed these criteria and specified that additional design recommendations be provided for retaining walls during the building permit process. MARCH, 2009 7 rr MITIGATED NEGATIVE DECLARATION - 26 ALPINE AVENUE The site is not located within an Alquist Priolo Special Study Zone for active earthquake faults, but the project site is located in a seismically active region. The San Andreas fault is located three miles to the southwest, while the Hayward and Calaveras faults are 14 and 16 miles to the northeast, respectively. In addition,. there are two fault traces in the project vicinity. The northernmost trace of the potentially active Berrocal fault zone traverses the southern portion of the project site. A fault trace representing the -southern extent-of the potentially active. Shannon fault zone is located_ at least 80 _feet north to_.northwest of the proposed residence. This trace intersects the Berrocal Fault Zone both to the west and east of the site. A map indicating approximate locations of these fault traces is included in Attachment 2 of the Initial Study. HAA concluded that the potential for primary surface ground rupture within the area of the proposed residence would be low and within the normal acceptable risk level for residential construction in the area. The Berrocal fault zone is considered to be a very complex fault, and occasionally strands of the fault may split into many braided and echelon traces. HAA's study of this fault did not indicate that additional traces (other than those discussed) lie below the subject property. A 50-foot wide setback/no build zone is recommended by HAA. The proposed residence would be located outside this 50-foot zone. In addition, the potential for seismically-induced liquefaction or settlement is not considered likely because of the relatively dense nature of the underlying alluvial deposits. As a result of the Loma Prieta earthquake, seismic-related compression-extension phenomena occurred at the base of the Santa Cruz Mountains in and near Los Gatos, Cupertino, and Los Altos Hills. No evidence of significant compression-extension damage was noted adjacent to or on the site. However, it should be noted that the first surface evaluation was conducted approximately seven years after the earthquake, and no direct evidence of such compression-extension cracks on or in the immediate vicinity of the subject property was found. The co-seismic movement, however, may have contributed to increased seismic shaking within the Los Gatos area. There was evidence of co-seismic damage (i.e., cracks in sidewalks and roadways along with a break in a water supply main) approximately 500 feet northeast of the property, corresponding with a mapped (inferred) trace of the Berrocal fault located north and northeast of the site. Based on current data, HAA indicates there is a 30 percent chance that an earthquake on the order of 7.0 magnitude could occur in the foreseeable future and cause moderate to severe ground shaking at the subject site. Potential damage from ground shaking will be mitigated by proper seismic design, as recommended by HAA. The following measures will be required to reduce identified potentially significant geologic, soils, and seismic constraints to less-than-significant levels: MITIGATION: In order to minimize the potential impacts resulting from local and regional seismic activity as well as soil engineering constraints, the project design shall incorporate all applicable recommendations. in the Hallenbeck/Allwest Associates geotechnical investigations (dated September 7, 2005 and December 8, 2005) and the Pollak Engineering geotechnical update (dated October 8, 2008) for the proposed project (included as Attachment 2 of the Initial Study). MITIGATION: During construction, the project geotechnical engineer shall observe the excavation for the site grading, drilling and construction of drilled piers (to determine if the subsurface conditions are similar to those assumed in the above geotechnical recommendations), and drainage improvements. MITIGATION MONITORING: The Building Division of the Community Development and Engineering Division of the Parks and Public Works Departments will be responsible for ensuring that all recommendations are incorporated into the project design and properly implemented during construction. t MARCH, 2009 , 8 MITIGATED NEGATIVE DECLARATION - 26 ALPINE AVENUE 7. Hazards and Hazardous Materials: No significant public health risks are anticipated since the project i site is undeveloped, and there are no known previous uses on the site that would pose the potential for I public health risks or presence of contaminants at the site. According to the Los Gatos General Plan, the project site is located in a fire hazard area. General Plan Policy S.P.2.3 encourages design and siting of new development in fire hazard areas to minimize hazards to life and property, such as fire preventive site design, access, landscaping and building materials, and use of fire suppression techniques. The proposed home would be located adjacent to a public road where emergency access is available and the roof would be fire-resistant (Class A composition shingle). According to the Fire Department, required fire flows are available from area water mains and fire hydrants, since an automatic fire sprinkler system will be installed. In addition, the applicant will be required to provide an access driveway with a paved, all weather surface that meets Department requirements for width, vertical clearance, turning radius, and slope. 8. Hydrology and Water Quality: An unnamed creek channel extends in a south- north direction across the western portion of the project site, adjoining Jackson Avenue. This creek ultimately drains to the Town's storm.drain system to the north of the project site in the vicinity of Villa Avenue. The proposed project would involve the construction of a single-family residence, associated access facilities, and outdoor living areas. The footprint of the proposed home, driveway, walks, and decks would cover approximately 23 percent of the site (4,633 square feet); these impervious surfaces would alter drainage patterns on the site. Due to the steepness of the site's slopes,. the Town will require surface runoff from the proposed home's driveway, roof, deck, patio, and retaining walls to be collected in drainage pipes and discharge to one energy dissipator (rock-lined bubbler inlets) that would be located on the flatter portion of the site to the north of the house. From this point, runoff would then flow overland as sheet flow to the creek channel. As indicated by the Grading and Drainage Plan (October 2005) for the proposed project, all surface flows generated by the proposed home would be directed through storm drains to energy dissipators. As part of the Town's permit review process, the applicant will be required to demonstrate there is adequate capacity in proposed energy dissipators to accommodate project-related increases in peak surface flows. Such requirement would mitigate any potential erosion hazards to a less-than-significant level. Project construction would have the potential to degrade local water quality in the nearby creek. Due to the proximity of the creek to the project construction area and extensive earthmoving proposed, there would be a high potential for erosion and downstream sedimentation if soil materials exposed during project construction are accidentally released into the creek. Operation of heavy equipment near the creek channel during project construction would also introduce the potential for release of petroleum products into the creek. Although no construction is proposed within the creek channel's immediate vicinity, the potential for disturbance of the creek channel could arise from the logistics of construction equipment access and/or removal from the project site. As a condition of project approval, the Town will prohibit the transport of any-__eq-uipment._across the creek, minimizing -potential _ impacts resulting from stream disturbance by-construction equipment - - - - - - - - - - After completion of the project, exposed slopes would also be subject to erosion if not properly protected. To reduce the potential for erosion hazards to less than significant, the Town will require the preparation and implementation of interim and final erosion control plans, which will make appropriate recommendations from to address potential erosion hazards during and after construction. Flood Hazards. According to Federal Emergency Management Agency (FEMA) Flood Insurance Rate Maps for the project area, the project site is not within the 100-year floodplain. The Santa Clara Valley MARCH, 2009 9 :q MITIGATED NEGATIVE DECLARATION - 26 ALPINE AVENUE Water District's Maps of flood control facilities and limits of one percent flooding as well as the Town of Los Gatos Safety Element Flood Plain maps show the project site does not lie within a flood zone. r2~` Therefore, no significant flood hazard impacts would be anticipated. Water uality_. New, more stringent water quality regulations of the Clean Water Act have recently been triggered becausethe NPDES -(-Natizonal Pollution. Discharge- Elimination_System) -permit __program has failed to protect beneficial uses of Santa Clara County's creeks and the South San Francisco Bay, as evidenced by such observations as violations of ambient water quality criteria, high concentrations of toxic substances, and fish consumption health advisories. These new regulations require that all discharges shall comply with Provision C.3, New and Redevelopment Performance Standards of Order No. 01-024 of the NPDES permit program. The project site is located within the Los Gatos Creek watershed. Runoff from fhe site would discharge to a creek channel adjacent to Jackson Street (along the western project boundary), and flow directly into Los Gatos Creek and eventually into the Bay. Los Gatos Creek is on the Clean Water Act Section 303(d) List of Water Quality Limited Segments due to the presence of diazinon, a pesticide, and its primary source is identified as urban runoff and storm drains. Best Management Practices (BMPs) outlined by the Santa Clara Valley Urban Runoff Pollution Prevention Program (SCVURPPP) for treatment control of pesticides include bioretention, infiltration, and media filter with adsorption/absorption as the removal process. As a condition of project approval, the Town will require: (1) preparation and submittal of interim and final erosion control plans to the Engineering Division of the Parks and Public Works Department; and (2) implementation of non-point source pollution prevention measures (per Provision C.3) to reduce pollutant levels in the water that will eventually discharge to Los Gatos Creek. Although single-family , homes are exempt from C.3, the Town typically requires single-family homes to meet C.3 requirements to ! lj~ the maximum extent possible. The Town reviewed the proposed project for conformance with C.3 and approved the proposed drainage system with the condition that rip rap will be provided between the storm drain discharge points (energy dissipators) and the top of bank of the creek channel to the west. Project compliance with the Town's Guidelines & Standards for Land Use Near Streams is discussed in Section 4, Biological Resources. 9. Land' Use and Planning: The proposed project would be consistent with the existing General Plan designation of "Low Density Residential (0 to 5 dwelling units per acre)." This designation allows for residential uses at densities of up to 5 units per acre. The proposed residence would be developed on a 0.47=acre site, which would be within allowable densities. The minimum lot size in the R-1:20 zone is 20,000 square feet for each single-family dwelling unit. Since the proposed project would be located on a 20,271 square-foot lot, the project would be consistent with existing zoning. The project site is located adjacent to residential uses. Access is from Alpine Avenue, which provides access to the adjacent residence to the south. Jackson Street, which adjoins the western project boundary, provides access to the adjacent residence to the north. The project parcel is undeveloped and located adjacent to developed residential lots to the north, south, and east. The proposed single-family residential use would be consistent with existing adjacent single-family residences on surrounding parcels. 10. Mineral Resources: The Los Gatos General Plan does not identify any regionally or locally- important mineral resources on the project site or in its vicinity. 11. Noise: The Town Noise Ordinance (Chapter 16) restricts construction activities to the hours of 8:00 a.m. to 8:00 p.m. on weekdays and 9:00 a.m. to 7:00 p.m. on weekends and holidays. This ordinance also limits noise generation to 85 dBA at the property line or 85 dBA at 25 feet. Project construction would MARCH, 2009 10 MITIGATED NEGATIVE DECLARATION - 26 ALPINE AVENUE result in temporary short-term noise increases due to the operation of heavy equipment. Construction noise sources range from about 82 to 90 dBA at 25 feet for most types of construction equipment, and slightly higher levels of about 94 to 97 dBA at 25 feet for certain types of earthmoving and impact equipment. If noise controls are installed on construction equipment, the noise levels could be reduced to 80 to 85 dBA at 25 feet, depending on the type of equipment. With controls, construction noise levels could be made to comply with the Town Noise Ordinance. Residential uses are generally considered to be noise-sensitive uses or sensitive receptors. There is single-family home located immediately north and south of the site as well as homes across Alpine Avenue and Jackson Street to the east and west, respectively. The existing home to the north is located approximately 30 feet from the proposed home, while the existing home to the north is located approximately 50 feet from the proposed home. The proposed driveway would be located as close as 25 feet from the adjacent home to the north. At 25 feet, the ordinance noise limit (85 dBA at 25 feet) would result in maximum noise levels of 85 dBA at the adjacent residence to the south. Temporary disturbance (e.g., speech interference) can occur if the noise level in the interior of a building exceeds 45 to 60 dBA. To maintain such interior noise levels, exterior noise levels at the closest residences (with windows closed) should not exceed 70 to 80 dBA and this exterior noise level is used as a significance threshold or criterion. Therefore, even with compliance with the Noise Ordinance limit of 85 dBA at 25 feet, construction noise levels could result in periodic speech interference effects when heavy equipment is operated on the project site. However, such levels would only occur for a short period, primarily when grading and drilling equipment are operating at the closest distances to the existing homes, not during the entire project construction period. Due to the small size of this project and short duration of construction, such a temporary impact is considered to be less than significant with enforcement of time restrictions and noise level standards specified in the Town Noise Ordinance. Long-term noise increases associated with the project would result from increased traffic along the project driveway and residential activities (i.e., operation of appliances and maintenance equipment such as lawnmowers, blowers, etc.). Traffic increases associated with the project would be minor and would not significantly or measurably increase ambient noise levels in the project vicinity. Noise generated by project residential activities would be similar to noise generated by adjacent or nearby residential uses and would not conflict with the existing residential noise environment in the neighborhood. 12. Population and Housing: The proposed project would consist of one single-family residence on one parcel, and would not result in intensification of residential uses or significantly increase local or regional population. Since the project would not extend new roadways or utilities to any adjacent undeveloped lands, the project would not induce new growth. The project site is currently undeveloped and no existing housing units would be displaced by the project. 13. Public Services: Services are currently provided to residential uses surrounding the project site. The project would not significantly increase demand for public services since this is an in-fill development and services are already provided to the surrounding area. The Santa Clara County Fire Department -provides- fire protection--services _:to _the_project.area,__and_-the ..Department _.has reviewed_.the. proposed___. project only with respect to site access and water supp y as they pertain to fire department operations. Since the proposed home is located within a hazardous fire area, the Department will require provision of an approved automatic fire sprinkler system. With this system, the Fire Department determined that required adjusted fire flow is available from area water mains and fire hydrants. The proposed driveway would be subject to Department requirements including minimum width, vertical clearance, and turning radius, as well as maximum slope. The Department's maximum acceptable driveway slope is 15 percent. Although the driveway to the proposed motor courtyard is proposed to be 20 percent and would exceed MARCH, 2009 11 ~M MITIGATED NEGATIVE DECLARATION - 26 ALPINE AVENUE Department requirements, the existing driveway located on the east side of the house would meet the Department's access requirements. 14. Recreation: The proposed addition of one residential unit would incrementally add new population to the area, and thereby increase the demand for recreational services. This incremental increase would not be expected to be significant giventhe small size of the project. 15. Transportation and Traffic: The Town's Traffic Impact Policy (Resolution 1991-174) specifies. that a project with a traffic impact of 19 or less additional AM or PM peak hour trips could be approved without a comprehensive traffic report if -it is determined that the benefits of the project to the Town would outweigh the impact of increased traffic. However, the project would be subject to payment of a traffic mitigation fee. The proposed single-family residence would result in a net increase of ten trips per day, with one trip occurring during the AM peak hour and one trip occurring during the PM peak hour. According to the Town's traffic determination, traffic generated by the proposed project would represent a minor impact and no additional traffic studies would be required. Proposed earthwork would entail 1474 cubic yards of excavation and 140 cy of fill, resulting in a net export of 1,334 cy. The export of approximately 1,334 cubic yards of excess fill would generate approximately 222 truck trips (111 truckloads assuming 12 cubic yards per load). Assuming trucks would be filled at a rate of approximately four trucks per hour and seven hours per day (9 a.m. to 4 p.m,), truck traffic increases of approximately four trucks per hour would occur over approximately four work days. Existing roads would be adequate to carry this temporary increase in truck traffic. The Town's Zoning Ordinance would require provision of two parking spaces for the proposed single- family residence. The project would more than meet this requirement by provision of a two-car garage and motor courtyard,. which could accommodate about three cars. 16. Utilities and Service Systems: Utilities are currently provided to adjacent residential uses. Although the site plan does not indicate utility connections, it is expected that utilities would be extended onto the site from Alpine Avenue. No major off-site utility improvements would be expected to be required for project development since this is an in-fill development and involves development of one residence on one existing parcel. Proposed and Town-required storm drainage facilities are discussed above under Section 7, Hydrology and Water Quality. Copies of the Initial Study used to make the above recommendation are on file and available for public inspection during regular business hours at the Town Community Development Department, 110 East Main Street, Los Gatos, California, Date Bu N. LortDirect r o Community Develop ~11 MARCH, 2009 12 Q e \ INITIAL STUDY NEW SINGLE-FAMILY RESIDENCE 26 ALPINE AVENUE LOS GATOS, CALIFORNIA ARCHITECTURE AND SITE APPLICATION S-04-64 NEGATIVE DECLARATION ND-07-147 PREPARED FOR ( TOWN OF LOS GATOS COMMUNITY DEVELOPMENT DEPARTMENT 110 EAST MAIN STREET Los GATOS, CA 95031 MARCH 2009 PREPARED BY GEIER & GEIER CONSULTING, INC. P.O. Box 5054 BERKELEY, CA 94705-5054 510/644-2535 /e7l), TOWN OF LOS GATOS \ COMMUNITY DEVELOPMENT DEPARTMENT ENVIRONMENTAL CHECKLIST FORM 1. Project Title: New Single-Family Residence 26 Alpine Avenue Architecture and Site Application S-04-64 Negative Declaration ND-07-147 2. Lead Agency Name and Address: Town of Los Gatos Community Development Department 110 East Main Street Los Gatos, CA 95031 3. Contact Person and Phone Number: Sandy Baily, 408/354-6873 4. Project Location: 26 Alpine Avenue (Figure 1) 5. Property Applicant: Holiday Drive LLC 12201 Saratoga- Sunnyvale Road, Suite C Saratoga, CA 95070 6. General Plan Designation: Low Density Residential (0 to 5 dwelling units per acre) 7. Zoning: R-1:20: Single-Family Residential (minimum lot size 20,000 square feet for single-family dwellings) 8. Description of Project: The project applicant is requesting Architecture and Site approval to construct a new single-family residence on a 20,271 square-foot (s.f.) parcel (APN 529-37-042). The project site has frontage on both Alpine Avenue to the east and Jackson Avenue to the west. A creek extends along the western project boundary, so the project's driveway access would be from the east off Alpine Avenue. The site's average slope is 37 percent. The proposed residence would be two stories with a total of 3,632 s.f. (gross) of living area, 250 s.f. of storage area, 740 s.f. of garage area, 1,510 s.f. of driveway area, and 780 s.f. of walkway/deck area. A breakdown of living, storage, and garage areas would be as follows: Entry Level: 2,343 square feet of living area Lower Level: 1,259 s.f. of living area, 123 s.f. of storage area, and 740 s.f. of garage Access to the residence would be provided from Alpine Avenue via a 50-foot long motor court (porous concrete block finish) that would extend from an existing 10-foot wide driveway located along the eastern project boundary. The existing driveway connects to Alpine Avenue at the site's northeastern project boundary. MARCH, 2009 P-DnTF(-T T OC'ATTON FIGURE 1 kland o `Sa[a1Y1a, o G ION 101 San use f r a r No SCALE N 26 ALPINE AVEWE INITIAL STUDY - 26 ALPINE AVENUE 9. Surrounding Land Uses and Setting: The project site is comprised of a 0.47-acre parcel on Alpine Avenue. At present, the project site is mostly undeveloped and there are developed single-family residences surrounding the subject property. The project site is bounded by Jackson Street on the west and Alpine Avenue on the east, while single-family residences are located on adjoining parcels to the north and south. An intermittent creek channel extends along the western boundary of the site, adjacent to Jackson Street. There is an existing driveway that extends along the eastern project boundary, and this driveway was the former access to the residence to the south.,A new driveway access from Alpine Avenue to this residence has been developed and it is located on the parcel to the south. A fence is proposed to be erected across the existing driveway (at the property boundary), which would restrict through access from the project site. 10. Other agencies whose approval is required (e.g., permits, financing approval, or participation agreements): West Valley Sanitation District, Santa Clara County Fire Department, Los Gatos School District, and Union School District. Consultation with the U.S. Army Corps of Engineers and California Department of Fish and Game would be required if there are any design modifications that result in rip rap or any drainage improvements extending to the top of bank. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages: X Aesthetics Agriculture Resources Air Quality X Biological Resources X Cultural Resources X Geology/Soils Hazards & Hazardous Materials Hydrology/Water Quality Land Use/Planning Mineral Resources Noise Population/Housing Public Services Recreation Transportation/Traffic Utilities/Service Systems Mandatory Findings of Significance DETERMINATION: (TO BE COMPLETED BY THE LEAD AGENCY) On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. X I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. -I-find that the proposed project MAY have-a significant effect on the environment; and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. MARCH, 2009 INITIAL STUDY - 26 ALPINE AVENUE I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that.earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. Bud Lortz, irector of Communit De e opment Date _ EVALUATION OF ENVIRONMENTAL IMPACTS ISSUES: Potentially Significant Potentially Impact Unless Less Than Significant Mitigation significant No issues (and Supporting Information Sources) Impact Incorporated Impact Impact 1. Aesthetics - Would the project: a) Have a substantial adverse effect on a scenic vista? X b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings X within a state scenic highway? c) Substantially degrade the existing visual character or X quality of the site and its surroundings? d) Create a new source of substantial light or glare which X would adversely affect day or nighttime views in the area? The project site is located between Alpine and Jackson avenues. Since it is located upslope from Jackson Avenue and downslope from Alpine Avenue, it is most visible from Jackson Avenue. Given its downslope location on Alpine Avenue, there is only one house on Alpine that is located directly above (to the south) of the project site. Houses across Alpine Avenue (to the east) do not overlook the project site. Since the site is heavily wooded, views of the site from Jackson Avenue and homes to the north and northwest (on Jackson) are primarily of the existing tree cover. Views of the proposed home from Alpine Avenue would be limited to the entry fagade, which is the narrowest part of the house (25 feet wide). Other portions of the house would likely be screened from view by existing trees that are proposed to be retained. Since the entry driveway already exists (formerly used by the home to the south), there would be no significant change in the driveway entry's appearance from Alpine Avenue. The proposed driveway and motor courtyard would be downslope of the house and below street level and therefore, would have limited visibility. i Distant, scenic views to the north are available from the existing home to the south. According to proposed plans, the finished floor elevation of the existing home to the south is 422 feet, while the highest elevation on the project home's roof would be approximately 420 feet. Based on these elevations, existing scenic views from this home would not be adversely affected by the proposed home. The proposed home would appear as a one-story home from the south. f MARCH, 2009 4 INITIAL STUDY - 26 ALPINE AVENUE The proposed home would be most visible from Jackson Avenue and homes directly to the north (adjacent) and northwest (across Jackson): Existing trees in the western portion of the site (along the creek channel) are mostly small trees, so visual screening benefits could be limited. The two-story height on the downhill side of the home combined with the proposed retaining wall (nine feet high) for the motor courtyard could significantly change views from Jackson Avenue, particularly from the existing home to the north that is located on Jackson. The Town's consulting architect, Cannon Design Group, completed an architectural review and recommended that design elements (e.g., adding landscaping at the front entry and in front of the proposed retaining wall associated with the motor courtyard or facing this wall with stone, and modifying architectural details) be added to reduce the building's impact on views from Alpine and Jackson avenues. In addition, the following measure will be required to reduce visual impacts from Jackson Avenue: 1. Trees shall be planted west of the proposed motor courtyard to help screen views of the proposed home and retaining wall associated with the courtyard from Jackson Avenue and homes to the north and northwest. Additional landscape screening (either shrubs or trees) shall be planted as necessary along the northern project boundary to screen views. of the home from the adjacent home to the north. Outdoor lighting would be provided on the exterior of the home. Project exterior lighting would not be expected to adversely affect nighttime views in the area due to screening provided by existing tree cover as well as the distance and elevation change between the project and residences to the southeast. In addition, the Zoning Ordinance (Section 29.10.09035) would prohibit the production of direct or reflected glare (such as that produced by floodlight) onto any area outside the project boundary. Potentially Significant Potentially Impact Unless Less Than Issues (and Supporting Information Sources) Significant Impact Mitigation Incorporated Significant Impact No Impact H. Agriculture Resources - Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and X Monitoring Program of the California Resources Agency, to non-agricultural use? b) Conflict with existing zoning for agricultural use, or a X Williamson Act contract? c) Involve other changes in the existing environment which, X due to their location or nature, could result in conversion of Farmland, to non-agricultural use? The 0.47-acre_ project site is currently undeveloped, but the site's agricultural potential is limited by the small-size of the-site, adjacent-residential development; and-the site's-sloping-topography-(37 percent slope). Therefore, the project would not adversely affect any existing agricultural resources at the site. Since the site is not in agricultural use, the project would not adversely affect any existing agricultural operations. MARCH, 2009 5 INITIAL STUDY - 26 ALPINE AVENUE Potentially Significant Potentially Impact Unless Less Than Significant Mitigation Significant No Issues (and Supporting Information Sources) Impact Incorporated jM act Im 'act III. Air Quality - Would the project: a) Conflict with or obstruct implementation of the applicable X air quality plan? b) Violate any air quality standard or contribute substantially X to an existing or projected air quality violation? c) Result in a cumulatively considerable net increase of any X criteria pollutant for which the project region is non- attainment under an applicable federal or state ambient air quality standard (including releasing emissions, which exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to substantial pollutant X concentrations? e) Create objectionable odors affecting a substantial number X of people? i According to the Town, the project would generate one AM peak hour trip and one PM peak hour trip. The proposed. residence would be below the Bay Area Air Quality Management District's (BAAQMD) threshold levels for potential significance for residential uses.' The BAAQMD threshold level for potential significance is 375 single-family units. At or above this size, traffic generated by the project could produce air quality problems, and an air quality impact assessment would need to be prepared and submitted to the BAAQMD for review. Proposed grading activities would generate short-term emissions of criteria pollutants, including suspended and inhalable particulate matter and equipment exhaust emissions. The BAAQMD does not require quantification of construction emissions, but considers any project's construction-related impacts to be less than significant if required dust-control measures are implemented. The Town's standard construction notes that are included with all projects require the contractor to "meet or exceed the requirements of the appropriate air quality management agencies..." Therefore, standard Town requirements would require implementation of the BAAQMD's standard dust control measures (which are required on sites of three acres or less), which would mitigate the project's construction-related air quality impacts to a less -than_si gnificant level. In 2006, California passed the California Global Warming Solutions Act of 2006 (Assembly Bill No. 32; California Health and Safety Code Division 25.5, Sections 38500, et seq.), which limits statewide greenhouse gas (GHG) emissions to 1990 levels and establishes a goal of achieving these emissions' reductions by 2020 (representing a 25 percent reduction in emissions). AB 32 requires the California Air Resources Board (CARB) to adopt a- comprehensive blueprint for limiting greenhouse gas emissions by the end of 2008 and complete the necessary rule-making to implement that plan by the end of 2011, including adoption of a list of discrete, Early Action Measures that can be implemented before January 1, 2010. At present, adopted early action measures include a low-carbon fuel standard, reduction of refrigerant losses from motor vehicle air conditioning system maintenance, and increased methane capture from landfills. Cumulatively, all 44 early actions could achieve a reduction of 42 million metric tons of C02-Equivalents by 2020. Some proposed measures will require new legislation to implement, some will require subsidies, some have already been developed, and some will require additional effort to MARCH, 2009 6 INITIAL STUDY v 26 ALPINE AVENUE evaluate and quantify. While most measures relate to transportation, fuels, agriculture, commercial uses, businesses, and local government, there is one measure that could be relevant to the project, if adopted: CARB 2-9, Energy Efficiency, which calls for provision of light-covered paving, cool roofs, and shade trees. Since the CARB has not adopted a methodology or defined quantitative thresholds that can be applied to a specific development project to evaluate an individual project's contribution to GHG emissions (particularly, for a project as small as one single-family residence), no significance determination for the proposed project can be made at this time. However, until such time that a methodology is adopted and mitigation can be applied, it is recommended that energy efficiency measures be incorporated into the proposed residence to the maximum extent feasible (including light-covered paving, cool roofs, and shade trees). It is also recommended that solar access to the project building as well as existing adjacent structures be maintained to the maximum extent feasible. The project's shadow study (included in project plans dated June 2004) indicates the project would not shade any adjacent residences (including the residence to the north) during the winter or summer. In April 2008, the Town adopted green building design policies. With respect to this project, these policies will require the project to complete a GreenPoint Rated checklist as part of the planning application. Requiring a checklist as part of a planning application does not require that the proposal incorporate green building practices. However, it will enable the Town to track the.current use of green building practices and establish a baseline for future green building practices and requirements. The checklist requirement will also draw the attention of design and building professionals to the possibility of incorporating green building techniques into future projects. While the proposed home will be required to comply with energy efficiency requirements of the California Energy Code (Title 24, Part 6 of the California Administrative Code), the Town will also review the proposed project for consistency with green building practices. Potentially Significant Potentially Impact Unless Less,Than Issues (and Supporting Information Sources) Significant Impact Mitigation Incorporated Significant Impact No Impact IV. Biological Resources - Would the project: a) Have a substantial adverse effect, either directly or X through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? b) Have a substantial adverse effect on any riparian habitat or X other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or U.S._Fish and Wildlife Service? c) Have a substantial adverse effect on federally protected X wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? MARCH, 2009 7 INITIAL STUDY - 26 ALPINE AVENUE Potentially Significant Potentially . Impact Unless Less Than Significant Mitigation Significant No Issues (and Supporting Information Sources) Impact Inco orated Impact Impact d) Interfere substantially with the movement of any native X resident or migratory fish-or wildlife species or with. established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites?, e) Conflict with any local policies or ordinances protecting X biological resources, such as.a tree preservation.policy or ordinance? f) Conflict with the provisions of an adopted Habitat X Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? Impacts on Creek Channel. Jurisdictional waters of the U.S. include such areas as intermittent creeks and drainages, seeps and springs, stock ponds, and seasonal wetlands such as vernal pools and swales. Intermittent creeks flow for only part of the year, generally during winter and spring months. Intermittent creeks meet the requirements for classification as "Waters of the U.S." and therefore come under the jurisdiction of the U.S. Army Corps of Engineers (USACE). The creek channel that traverses the northern portion of the site is an intermittent creek and may fall under the jurisdiction of the USACE and CDFG. Federal regulatory jurisdiction extends laterally to the entire water surface and bed of a navigable waterbody, which includes all the land and waters below the ordinary high water mark; state regulatory jurisdiction includes the portions.of stream sections between the tops of creek banks and associated (X , riparian habitat. Since proposed project construction would occur on the upland portions of the site and would not directly entail activities within the creek channel or affect riparian vegetation, the project would not be subject to federal or state regulations pertaining to jurisdictional waters of the U.S. Since the Town will require that rip rap be provided at the storm drain discharge point (energy dissipator) and the creek channel and banks would not be disturbed, (see Section VIII, Hydrology and Water Quality), this. on-site drainage modification would not be subject to CDFG regulation. However, the following measure will be required to ensure appropriate creek protections are implemented: 2. If rip rap or any drainage improvements are extended to the top of bank, the USACE and CDFG should be consulted to determine their jurisdiction over these improvements. In the event that federal and/or state agency jurisdiction applies to drainage modifications required by the Town, the project applicant would need to obtain the appropriate permits as determined by the CDFG and USACE. As indicated in Section VIII, Hydrology and Water Quality, surface runoff from the site would be conveyed by pipe to one energy dissipator (rock-lined bubbler inlets) that would be located on the flatter portion of the site to the north of the house. The energy dissipator and area of drainage percolation would be located upslope of the creek channel and bank on the site. Consequently, the project's storm runoff would not threaten the long-term viability of oak trees to be retained on the site. Any erosion and downstream sedimentation resulting.from the project could have a significant adverse effect on water quality downstream of the project site due to increased turbidity, siltation, or spillage of contaminants during construction. This could adversely affect any aquatic habitat located downstream. With implementation of erosion control and drainage measures required by the Town (see Section VIII, f.. Hydrology and Water Quality), this potential impact would be less than significant. NIARCH,2009 8 INITIAL STUDY - 26 ALPINE AVENUE The proposed residence would be located on the upper elevations of the subject property, approximately 35 feet from the creek channel. The proposed residence also maintains appropriate setback distances from Alpine Avenue, as required by the Town. An evaluation of the creek's riparian zone was prepared by Wood Biological Consulting (September 2007) in order to assess the proposed project's effects on the riparian zone and associated habitat values. The assessment entailed a delineation of the riparian zone and an analysis of the project according to the Town's Guidelines and Standards for Land Use Near Streams. The Guidelines recommend slope stability protection area setback distances between creeks and single-family structures to ensure adequate protection for both. For streams with no hardening of embankments, the Guidelines. specify 20 to 25 feet of setback from the top of bank; an additional 5 feet of setback is indicated for lots larger than 10,000 s.f. For the project's 20,271 s.f. parcel, the minimum setback for the proposed structure would be 25 to 30 feet from the creek's top of bank. The project's proposed 35-foot setback from the creek would be consistent with the Guidelines. As a result of the proposed setback, there would no direct effects of project development on the riparian corridor. The project would minimize impacts on the riparian corridor by retaining all existing vegetation, including oak and bay trees (Quercus agrifolia, Umbellularia californica) located adjacent to or near the creek, and there would be no landscape plantings within the ripariancorridor. To mitigate the'project's impacts on the riparian corridor to a less-than-significant level, the following measure will be implemented: 3. If land clearing, grading, tree and brush removal, tree trimming or demolition activities are to occur during the nesting season (i.e., between February I and August 15), a pre-construction survey for nesting migratory birds shall be conducted by a qualified biologist from one to four weeks prior to the initiation of work. If no nesting birds are observed, work may proceed. If work is delayed more than four weeks from the date of the survey, and it is still within the nesting season, the pre-- construction survey shall be repeated. 4. If occupied active nests of a migratory bird species are identified, a suitable buffer shall be established around the nest tree. Work within the buffer zone shall be prohibited until August 15th or until the young have fledged, as determined by the project biologist. The dimensions of each buffer zone shall be determined by the biologist in consultation with the CDFG. Buffer zones vary depending on the species and site topography, with passerines typically requiring 75 to 100 feet and raptors 200 to 500 feet. Removal of Ordinance Trees. Policy O.P.3.3 of the Open Space Element of the Los Gatos General Plan emphasizes preservation of public and private landscaping along Town streets. The Los Gatos Tree Protection Ordinance states that the preferred tree replacement is two or more trees of a species and size designated by the Director of the Parks and Public Works Department. Tree replacement requirements are based on canopy size, which is defined in Table 3-1 of the Ordinance, Tree Canopy - Replacement Standard. Tree canopy replacement requirements range from two to six 24-inch box size trees or two 36- inch and/or 48=inch box size trees, depending on the canopy size of the tree to be removed. The project site contains a relatively significant number of large and small trees that form a nearly continuous canopy over most of the property. Trees are dominated by native species, primarily oaks, bays, and buckeyes. The upper, southern portion of the project site supports an oak-bay woodland area with scattered coast live oaks and bay trees. A tree inventory and site analysis was completed by the Town's arborist, Arbor Resources,2 and a copy of this report is available for review at the Los Gatos Community Development Department.-AR indicates that 59 trees were inventoried on the site: 27 coast MARCH, 2009 9 INITIAL STUDY - 26 ALPINE AVENUE live oaks, 11 California bays, five valley oaks, five California buckeyes, three blue gum eucalyptus, three wattles, two fan palms; one blue elderberry, one English walnut, and one Monterey pine. The project would result in the removal of 15 trees (Nos. 32-37, 44, 47-51, 54, 56, and 57; see tree location map in Attachment 1). Eight trees are highly suitable for retention and will be required to be adequately protected. AR-recommends--revision- of the proposed grading. and_drainage_plan to av_oid grading or trenching (including overcutting) within specified minimum setbacks of 10 to 20 feet. AR determined that the expected loss of the 15 trees would seemingly comply with Section 29.10.0990 of the Town Code due to their condition, locatioii,.size and /or species. Pursuant to Town. Code, mitigation for the loss of these trees will be required. The Parks and Public Works Department will ultimately determine the need for replacement tree plantings and adequacy of the landscaping plan as part of the tree removal permit process. During project construction, there would be the potential for damage to the trees proposed for retention. In addition, proposed grading and drainage improvements associated with the residence construction could result in slope and. drainage changes in proximity to the root zones of existing trees to be retained. Such changes could threaten the long-term viability•of existing trees to be retained. To ensure long-term viability of oaks and other trees to be retained, the following measure will be required: 5. The project applicant shall be required to implement recommendations made. by the Town's consulting arborist, Arbor Resources, in its June 16, 2006 report. These measures are included as Attachment 1. Potentially Significant Potentially Impact Unless Less Than Significant Mitigation Significant No Issues (and Su ortin Information Sources) Impact Incorporated Impact Im act V. Cultural Resources - Would the project: a) Cause a substantial adverse change in the significance of a X historical resource as defined in 15064.5? b) Cause a substantial adverse change in the significance of X an archaeological resource pursuant to 15064.5? c) Directly or indirectly destroy a unique paleontological X resource or site or unique geologic feature? d) Disturb any human remains, including those interred X outside of formal cemeteries? The project site is undeveloped with little to no surface disturbance. The proposed home would be located in an area with undisturbed soils. There is typically a higher potential for encountering archaeological resources -in areas adjacent to a river or creek. Although the potential for encountering cultural resources during project construction would be low due to the site's steep topography and the intermittent nature of this drainage channel that traverses the site, the potential for such resources cannot be completely eliminated due to the site's proximity to this channel. Therefore, the following mitigation measures will be required: 6. 'In the event that archaeological traces are encountered, all construction within a 50-meter radius of the find will be halted, the Community Development Director will be notified, and an archaeologist will be retained to examine the find and make appropriate recommendations. I/ ;V MARCH,2009 10 INITIAL STUDY - 26 ALPINE AVENUE 7. If human remains are discovered, the Santa Clara County Coroner will be notified. The Coroner will determine whether or not the remains are Native American. If the Coroner determines that the remains are not subject to his authority, he will notify the Native American Heritage Commission, who shall attempt to identify descendants of the deceased Native Americans. 8. If the Community Development Director finds that the archaeological find is not a significant resource, work will resume only after the submittal of a preliminary archaeological report and after provisions for reburial and ongoing monitoring are accepted. Provisions for identifying descendants of a deceased Native American and for reburial will follow the protocol set forth in CEQA Guidelines Section 15064.5(e). If the site is found to be a significant archaeological site, a mitigation program will be prepared and submitted to the Community Development Director for consideration and approval, in conformance with the protocol set forth in Public Resources Code Section 21083.2.- 9 . A final report shall be prepared when a find is determined to be a significant archaeological site, and/or when Native American remains are found on the site. The final report will include background information on the completed work, a description and list of identified resources, the disposition and curation of these resources, any testing, other recovered information, and conclusions. Potentially Significant Potentially Impact Unless Less Than Issues (and Supporting Information Sources) Significant Impact Mitigation Incorporated Significant Impact No Impact VI. Geology and Soils - Would the project expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: a) Rupture of a known earthquake fault, as delineated on the X most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. b) Strong seismic ground shaking? X c) Seismic-related ground failure, including liquefaction? X d) Landslides? X e) Result in substantial soil erosion or the loss of topsoil? X f) Be located on a geologic unit or soil that is unstable, or that X would become unstable as a result of the project, and potentially result in on- or off=site landslide, lateral spreading, subsidence, liquefaction or collapse? g) Be located on expansive soil, as defined in Table 18-1-B of X the Uniform Building Code (1994), creating substantial -risks to life or property? - - - h) Have soils incapable of adequately supporting the use of X septic tanks or alternative waste water disposal systems where sewers are not available for the disposal- of waste water? A review of the Town's hazards maps3 indicates that the project site has a very high erosion potential, high shrink-swell potential, high potential for fault rupture, and moderate potential for seismic shaking. No liquefaction or debris flow hazards were identified for the site. The Town's Fault Map indicates that MARCH, 2009 11 INITIAL STUDY - 26 ALPINE AVENUE the site is located on or near a concealed section of the. Berrocal Fault and the site vicinity is mapped as "Concentration of Coseismic Ground Deformation.4 The project site slopes downhill toward the northwest with slopes averaging 37 percent. The proposed structure would be cut into the hill slope on the uphill side and the excavated material would be used to fill the motor courtyard area. Proposed-earthwork would_entail_1,414_cubic yards of excavation and 140 cy of fill, resulting in a net export of 1,274 cy. Given the site's sloping topography and the proposed extent of surface disturbance, there would be a potential for erosion hazards if soils were subject to concentrated runoff flows. Potential erosion hazards would be less than significant with Town conditions of approval, which will include provision of interim and final erosion control plans. Geotechnical engineering investigations were completed for the project site by Pollak Engineering, Inc. in 2008 and Hallenbeck/Allwest Associates (HAA) in 2005.5 They updated two previous studies (a geologic hazard evaluation prepared in 1996 and a geotechnical engineering investigation dated 1997) that were completed by Hallenbeck and Associates for a similar proposal on the project site. In 2005, the Town's geotechnical consultant, Geomatrix, completed a peer review of the 2005 study,6 and HAA responded to Geomatrix's concerns in an addendum.' Supplemental peer reviews were completed by Geomatrix (also AMEC Geomatrix) on February 15, 2006 and November 13, 2008 of the supplemental geotechnical studies by HAA and Pollak.' Copies of these studies are on file at the Los Gatos Community Development, Department. As. part of these studies, a total of six borings were drilled on the project site within and below the area proposed for development. Although the site has very steep slopes and soils are susceptible to creep-type movements, these investigations concluded that development of the site is feasible from an engineering geologic and geotechnical engineering viewpoint. According to the State of California Seismic Hazard Zones Map, the site is not located within a Seismic Hazard Zone. However, an approximate 20-foot high slope, which represents an alluvial terrace boundary, exists in the central partof the site. Slopes range from 50 to 60 percent (from 1.5:1 to 11 (horizontal: vertical). A shallow slough (approximately 15 feet wide and long) was identified near the top of the slope within the. potentially unstable area. Evidence of large or deep-seated landslide- movement was not detected during these studies. However, HAA indicates it is highly likely that shallow slope failures will continue to occur in the area susceptible to creep and shallow sloughing, unless some form of mitigation is implemented. Since the proposed home and motor courtyard would be located in this area and substantial grading (predominately cut) would occur in this area, project construction would result in removal of unstable surface soils. Retaining walls would be an integral part of the proposed development, and if adequately engineered, would remove the potential for instabilities to affect the site in the future. Grading for the proposed driveway would consist of the placement of engineered fill. on the relatively gently sloping terrace at the base of the slope in order to achieve a desired finished grade. Substantial grading would result in cut slopes that will need to comply with Cal-OSHA standards and the extent of retaining walls proposed necessitate them to be engineered consistent with HAA recommendations. The supplemental study by Pollak provided additional design criteria for the retaining walls. AMEC Geomatrix reviewed these criteria and specified that additional design recommendations be provided for retaining walls during the building permit process. The site is not located within an Alquist Priolo Special Study Zone for active earthquake faults, but the project site is located in a seismically active region. The San Andreas fault is located three miles to the southwest, while the Hayward and Calaveras faults are 14 and 16 miles to the northeast, respectively. In addition, there are two fault traces in the project vicinity. The northernmost trace of the potentially active Berrocal fault zone traverses the southern portion of the project site. A fault trace representing the southern extent of the potentially active Shannon fault zone is located at least 80 feet north to northwest of the proposed residence. This trace intersects the Berrocal Fault Zone both to the west and east of the MARCH, 2009 12 INITIAL STUDY - 26 ALPINE AVENUE site. A map indicating approximate locations of these fault traces is included in Attachment 2. HAA concluded that the potential for primary surface ground rupture within the area of the proposed residence would be low and within the normal acceptable risk level for residential construction in the area. The Berrocal fault zone is considered to be a very complex fault, and occasionally strands of the fault may split into many braided and echelon traces. HAA's study of this fault did not indicate that additional traces (other than those discussed) lie below the subject property. A 50-foot wide setback/no build zone is recommended by HAA. The proposed residence would be located outside this 50-foot zone. In addition, the potential for seismically-induced liquefaction or settlement is not considered likely because of the relatively dense nature of the underlying alluvial deposits. As a result of the Loma Prieta earthquake, seismic-related compression-extension phenomena occurred at the base of the Santa Cruz Mountains in and near Los Gatos, Cupertino, and Los Altos Hills. No evidence of significant compression-extension damage was noted adjacent to or on the site. However, it should be noted that the first surface evaluation was conducted approximately seven years after the earthquake, and no direct evidence of such compression-extension cracks on or in the immediate vicinity of the subject property was found. The co-seismic movement, however, may have contributed to increased seismic shaking within the Los Gatos area. There was evidence of co-seismic damage (i.e., cracks in sidewalks and roadways along with a break in a water supply main) approximately 500 feet northeast of the property, corresponding with a mapped (inferred) trace of the Berrocal fault located north and northeast of the site. Based on current data, HAA indicates there is a 30 percent chance that an earthquake on the order of 7.0 magnitude could occur in the foreseeable future and cause moderate to severe ground shaking at the subject site. Potential damage from ground shaking will be mitigated by proper seismic design, as recommended by HAA. The following measures will be required to reduce identified potentially significant geologic, soils, and seismic constraints to less-than-significant levels: 10. In order to minimize the potential impacts resulting from local and regional seismic activity as well as soil engineering constraints, the project design shall incorporate all applicable recommendations in the HallenbecklAllwest Associates geotechnical investigations (dated September 7, 2005 and December 8, 2005) and the Pollak Engineering geotechnical update (dated October 8, 2008) for the proposed project (included as Attachment 2). 11. During construction, the project geotechnical engineer shall observe the excavation for the site grading, drilling and construction of drilled piers (to determine if the subsurface conditions are similar to those assumed in the above geotechnical recommendations), and drainage improvements. Potentially Significant Potentially Impact Unless Less Than Issues (and Supporting Information Sources) Significant Impact Mitigation Incorporated Significant Impact No Impact VII. Hazards and Hazardous Materials - Would the project: - - - - - - - - - - a) Create a significant hazard to the public or the environment X through the routine transport, use, or disposal of hazardous materials? b) Create a significant hazard to the public or the environment X through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? MARCH, 2009 13 INITIAL STUDY - 26 ALPINE AVENUE Potentially Significant Potentially Significant Impact Unless Mitigation Less Than Significant No Issues (and Supporting Information Sources) Impact Incorporated Impact Impact c) Emit hazardous emissions or handle hazardous or acutely X hazardous materials, substances, _or twaste_within one- quarter mile of an existing or proposed school? d) Be located on a site which is included on a list of X hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard, to the public or the environment? e) For a project located within an airport land use plan or, X where such a plan has not been adopted, within two miles of a public airport or public use airp(?rt,.would the project result in a safety hazard for people residing or working in the project area? f) Fora project within the vicinity of a private airstrip, would X the project result in a safety hazard for people residing or working in the project area? g) Impair implementation of or physically interfere with an X adopted emergency response plan or emergency evacuation plan? h) Expose people or structures to a significant risk of loss, X injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? No significant public health risks are anticipated since the project site is undeveloped, and there are no known previous uses on the site that would pose the potential for public health risks or presence of contaminants at the site.9 According to the Los Gatos General Plan, the project site is located in a fire hazard area. General Plan Policy S.P.2.3 encourages design and siting.of new development in fire hazard areas.to minimize hazards to life and property, such as fire preventive,site design, access, landscaping and building materials, and use of fire suppression techniques. The proposed home would be located adjacent to a public road where emergency access is available and the roof would be fire-resistant (Class A composition shingle). According to the Fire Department, required fire flows are available from area water mains and fire hydrants, since an automatic fire sprinkler system will be installed. In addition,'the applicant will be required to provide an access driveway with a paved, all weather surface that meets Department requirements for width, vertical clearance, turning radius, and slope. 10 Potentially - Significant Potentially Impact Unless Less Than Significant Mitigation Significant No issues (and Supporting Information Sources) Impact Inco orated Impact Impact VIII. Hydrology and Water Quality - Would the project: a) Violate any water quality standards or waste discharge X requirements? i MARCH, 2009 14 INITIAL STUDY - 26 ALPINE AVENUE Potentially Significant Potentially Impact Unless Less Than Issues (and Supporting Information Sources) Significant Impact Mitigation Incorporated Significant Impact No Impact b) Substantially deplete groundwater supplies or interfere X substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? c) Substantially alter the existing drainage pattern of the site X or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off-site? d) Substantially alter the existing drainage pattern of the site X or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner, which would result in flooding on- or off-site? e) Create or contribute runoff water which would exceed the X capacity of existing or planned stormwater drainage systems or provide substantial additional sources. of polluted runoff? f) Otherwise substantially degrade water quality? X g) Place housing within a 100-year flood hazard area as X mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? h) Place within a 100-year flood hazard area structures, which X would impede or redirect flood flows? i) Expose people or structures to a significant risk of loss, X injury or death involving flooding, including flooding as a result of the failure of a levee or dam? j) Inundation by seiche, tsunami, or mudflow? X An unnamed creek channel extends in a south- north direction across the western portion of the project site, adjoining Jackson Avenue. This creek ultimately drains to the Town's storm drain system to the north of the project site in the vicinity of Villa Avenue. The proposed project would involve the construction of a single-family residence, associated access facilities, and outdoor living areas. The footprint of the proposed home, driveway, walks, and decks would cover approximately 23 percent of the site (4,633 square feet); these impervious surfaces would alter drainage patterns on the site. Due to the steepness of the site's slopes, the Town will require surface runoff from the proposed home's driveway, roof, deck, patio, and retaining walls to be collected in drainage pipes and discharge to one energy dissipator (rock-lined bubbler inlets) that would be located on the flatter portion of the site to the north of the house. From this point, runoff would then flow overland as sheet flow to the creek channel. MARCH, 2009 15 INITIAL STUDY - 26 ALPINE AVENUE As indicated by the Grading and Drainage Plan (October 2005) for the proposed project, all surface flows generated by the proposed home would be directed through storm drains to energy dissipators. As part of the Town's permit review process, the applicant will be required to demonstrate there is adequate capacity in proposed energy dissipators to accommodate project-related increases in peak surface flows. Such requirement would mitigate any potential erosion hazards to a less-than-significant level. Project construction would have the potential to degrade local water quality in the nearby creek. Due to the proximity of the creek to the project construction area and extensive earthmoving proposed, there would be a high potential for erosion and downstream sedimentation if soil materials exposed during project construction are accidentally released into the creek. Operation of heavy equipment near the creek channel during project construction would also introduce the potential for release of petroleum products into the creek. Although no construction is proposed within the creek channel's immediate vicinity, the potential for disturbance of the creek channel could arise from the logistics of construction equipment access and/or removal from the project site. As a condition of project approval, the Town will' prohibit the transport of any equipment across the creek, minimizing potential impacts resulting from stream disturbance by construction equipment. After completion of the project, exposed slopes would also be subject to erosion if not properly protected. To reduce the potential for erosion hazards to less than.significant, the Town will require the preparation and implementation of interim and final erosion control plans, which will make appropriate recommendations from to address potential erosion hazards during and after construction. Flood Hazards. According to Federal Emergency Management Agency (FEMA) Flood Insurance Rate Maps for the project area, the project site is not within the 100-year floodplain. The Santa Clara Valley Water District's Maps of flood control facilities and limits of one percent flooding as well as the Town of Los Gatos Safety Element Flood Plain maps show the project site does not lie within a flood zone. Therefore, no significant flood hazard impacts. would be anticipated. Water Quality. New, more stringent water quality regulations of the Clean Water Act have recently been triggered because the NPDES (National Pollution Discharge Elimination System) permit program has failed to protect, beneficial uses of Santa Clara County's creeks and the South San Francisco Bay, as evidenced by such observations as violations of ambient water quality criteria, high concentrations of toxic substances, and fish consumption health advisories. These new regulations require that all discharges shall comply with Provision C.3, New and Redevelopment Performance Standards of Order No. 01-024 of the NPDES permit program. The project site is located within the Los Gatos Creek watershed. Runoff from the site would discharge to a creek channel adjacent to Jackson Street (along the western project boundary), and flow directly into Los Gatos Creek and eventually into the Bay. Los Gatos Creek is on the Clean Water Act Section 303(d) List of Water Quality Limited Segments due to the presence of diazinon, a pesticide, and its primary source is identified as urban runoff and storm drains. Best Management Practices (BMPs) outlined by the Santa Clara Valley Urban Runoff Pollution Prevention Program (SCVURPPP) for treatment control of pesticides include bioretention, infiltration, and media filter with adsorption/absorption as the removal process. As a condition of project approval, the Town will require: (1) preparation and submittal of interim and final erosion control plans to the Engineering Division of the Parks and Public Works Department; and (2) implementation of non-point source pollution prevention measures (per Provision C.3) to reduce pollutant levels in the water that will eventually discharge to Los Gatos Creek. Although single-family homes are exempt from C.3, the Town typically requires single-family homes to meet C.3 requirements to d 3 an the maximum extent possible. The Town reviewed the proposed project for conformance with C. MARCH,2009 16 INITIAL STUDY - 26 ALPINE AVENUE approved the proposed drainage system with the condition that rip rap will be provided between the storm drain discharge points (energy dissipators) and the top of bank of the creek channel to the west. Project compliance with the Town's Guidelines & Standards for Land Use Near Streams is discussed in Section IV, Biological Resources. Potentially Significant Potentially Impact Unless Less Than Issues (and Supporting Information Sources) Significant Impact Mitigation Incorporated Significant Impact No Impact IX., Land Use and Planning - Would the project: a) Physically divide an established community? X b) Conflict with any applicable land use plan, policy, or X regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with any applicable habitat conservation plan or X natural community conservation plan? The proposed project would be consistent with the existing General Plan designation of "Low Density Residential (0 to 5 dwelling units per acre)." This designation allows for residential uses at densities of up to 5 units per acre. The proposed residence would be developed on a 0.47-acre site, which would be within allowable densities. The minimum lot size in the R-1:20 zone is 20,000 square feet for each single-family dwelling unit. Since the proposed project would be located on a 20,271 square-foot lot, the project would be consistent with existing zoning. The project site is located adjacent to residential uses. Access is from Alpine Avenue, which provides access to the adjacent residenceeto the south. Jackson Street, which adjoins the western project boundary, provides access to the adjacent residence to the north. The project parcel is undeveloped and located adjacent to developed residential lots to the north, south, and east. The proposed single-family residential use would be consistent with existing adjacent single-family residences on surrounding parcels. The Los Gatos General Plan does not identify any habitat conservation plans or natural, community conservation plans that apply to the project site. Potentially Significant Potentially Impact Unless Less Than Issues (and Supporting Information Sources) Significant Impact Mitigation Incorporated Significant Impact No Impact X. Mineral Resources - Would the project: a) Result in the loss of availability of a known mineral X resource that would be of value to the region and the residents of the state? b) Result in the loss of availability of a locally-important X mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? MARCH, 2009 17 INITIAL STUDY - 26 ALPINE AVENUE The Los Gatos General Plan does not identify any regionally or locally-important mineral resources on the project site or in its vicinity. ' Potentially Significant Potentially Significant Impact Unless Mitigation Less Than' Significant No Issues (and Supporting Information Sources) Im act Ineo orated Impact m apt XI. Noise - Would the project result in: a) Exposure of persons to or generation of noise levels in X excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? b) Exposure of persons to or generation of excessive X groundborne vibration or groundbome noise levels? c) A substantial permanent increase in ambient noise levels in X the project vicinity above levels existing without the project? d) A substantial temporary or periodic increase in ambient X noise levels in the project vicinity above levels existing without the project? e) For a project located within an airport land use plan or, X where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? f) For a project within the vicinity of a private airstrip, would X the project expose people residing or working in the project area to excessive noise levels? The Town Noise Ordinance (Chapter 16) restricts construction activities to the hours of 8;00 a.m. to 8:00 p.m. on weekdays and 9:00 a.m. to 7:00 p.m. on weekends and holidays. This ordinance also limits noise generation to 85 dBA at the -property line or 85 dBA at 25 feet. Project construction would result in temporary short-term noise increases due to the operation of heavy equipment. Construction noise sources range from about 82 to 90 dBA at 25 feet for most types of construction equipment, and slightly higher levels of about 94 to 97 dBA at 25 feet for certain types of earthmoving and impact equipment. If noise controls are installed on construction equipment, the noise levels could be reduced to 80 to 85 dBA at 25 feet, depending on the type of equipment. With controls, construction noise levels could be made to comply with the Town Noise Ordinance. Residential uses are generally considered to be noise-sensitive uses or sensitive receptors. There is single-family home located immediately north and south of the site as well as homes across Alpine Avenue and Jackson Street to the east and west, respectively. The existing home to the north is located. approximately 30 feet from the proposed home, while the existing home to the north is located approximately 50 feet from the proposed home. The proposed driveway would be located as close as 25 feet from the adjacent home to the north. At 25 feet, the ordinance noise limit (85 dBA at 25 feet) would result in maximum noise levels of 85 dBA at the adjacent residence to the south. Temporary disturbance (e.g., speech interference) can occur if the noise level in the interior of a building exceeds 45 to 60 dBA." To maintain such interior noise levels, exterior noise levels at the closest residences (with windows closed) should not exceed 70 to 80 dBA and this exterior noise level is used as a significance threshold or MARCH, 2009 18 INITIAL STUDY - 26 ALPINE AVENUE criterion. Therefore, even with compliance with the Noise Ordinance limit of 85 dBA at 25 feet, construction noise levels could result in periodic speech interference effects when heavy equipment is operated on the project site. However, such levels would only occur for a short period, primarily when grading and drilling equipment are operating at the closest distances to the existing homes, not during the entire project construction period. Due to the small size of this project and short duration of construction, such a temporary impact is considered to be less than significant with enforcement of time restrictions and noise level standards specified in the Town Noise Ordinance. Long-term noise increases associated with the project would result from increased traffic along the project driveway and residential activities (i.e., operation of appliances and maintenance equipment such as lawnmowers, blowers, etc.). Traffic increases associated with the project would be minor and would not significantly or measurably increase ambient noise levels in the project vicinity. Noise generated by project residential activities would be similar to noise generated by adjacent or nearby residential uses and would not conflict with the existing residential noise environment in the neighborhood: Potentially Significant Potentially Impact Unless '.Less Than Issues (and Supporting Information Sources) Significant Impact Mitigation Inco orated Signcant Itri act No Impact XII. Population and Housing - Would the project: a) Induce substantial population growth- in an area, either X directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? b) Displace substantial numbers of existing housing, X necessitating the construction of replacement housing elsewhere? c) Displace substantial numbers of people, necessitating the X construction of replacement housing elsewhere? The proposed project would consist of one single-family residence on one parcel, and would not result in intensification of residential uses or significantly increase local or regional population. Since the project would not extend new roadways or utilities to any adjacent undeveloped lands, the project would not induce new growth. The project site is currently undeveloped and no existing housing units would be displaced by the project. Potentially Significant Potentially Impact Unless Less Than Issues (and Supporting Information Sources) Significant Impact Mitigation Incorporated Significant Impact No Impact XIII. Public Services - a) Wouldthe project result in-substantial-ad-verse-physical- - - - - - - impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Fire protection? X MARCH, 2009 19 INITIAL STUDY - 26 ALPINE AVENUE Potentially Significant Potentially Impact Unless Less Than Significant Mitigation Significant No Issues (and Supporting Information Sources) impact Inco orated Impact -impact Police protection? X Schools? -X--- Parks? X Other public facilities? X Services are currently provided to residential uses surrounding the project site. The project would not significantly increase demand for public services since this'is an in-fill development and services are already provided to the surrounding area. The Santa Clara County Fire Department provides fire protection services to the project area, and the Department has reviewed the proposed project only with respect to site access and water supply as they pertain to fire department operations. Since the proposed home is located within a hazardous fire area, the Department will require provision of an approved automatic fire spriinkler system. With this system, the Fire Department determined that required adjusted fire flow is available from area water mains and fire hydrants.10The proposed driveway would be subject to Department requirements including minimum width, vertical clearance, and turning radius, as well as maximum slope. The Department's maximum acceptable driveway slope is 15 percent. Although the driveway to the proposed motor courtyard is proposed to be 20 percent and would exceed Department requirements, the existing driveway located-on the east side of the house would meet the Department's access requirements. MV. Recreation - a) Would the project increase the use of existing X neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated9 b) Does the project include recreational facilities or require X the construction or expansion of recreational facilities, which might have an adverse physical effect on the environment? The proposed addition of one residential unit would incrementally add new population to the area, and thereby increase the demand for recreational services. This incremental increase would not be expected to be significant given the small size of the project. Potentially Significant Potentially Impact. Unless Less Than Significant Mitigation Significant No issues (and Supporting- Information Sources) Impact Incorporated Impact Impact XV. Transportation and Traffic - Would the project: a) Cause an increase in traffic, which is substantial' in relation X to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? P i MARCH, 2009 20 INITIAL STUDY - 26 ALPINE AVENUE r_ \ i Potentially Significant Potentially Impact Unless Less Than Issues (and Supporting Information Sources) Significant Impact Mitigation Incorporated Significant Impact No Impact b) Exceed, either individually or cumulatively, a level of X service standard established by the county congestion management agency for designated roads or highways? c) Result in a change in air traffic patterns, including either an X increase in traffic levels or a change in location that results in substantial safety risks? d) Substantially increase hazards due to a design feature (e.g., X sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? e) Result in inadequate emergency access? X f) Result in inadequate parking capacity? X g) Conflict with adopted policies, plans, or programs X supporting alternative transportation (e.g., bus turnouts, bicycle racks)? The Town's Traffic Impact Policy (Resolution 1991-174) specifies that a project with a traffic impact of 19 or less additional AM or PM peak hour trips could be approved without a comprehensive traffic report if it is determined that the benefits of the project to the Town would outweigh the impact of increased traffic. However, the project would be subject to payment of a traffic mitigation fee. The proposed single-family residence would result in a net increase of ten trips per day, with one trip occurring during the AM peak hour and one trip occurring during the PM peak hour. According to the Town's traffic determination, traffic generated by the proposed project would represent a minor impact and no additional traffic studies would be required.. Proposed earthwork would entail 1474 cubicyards of excavation and 140 cy of fill, resulting in a net export of 1,334 cy. The export of approximately 1,334 cubic yards of excess fill would generate approximately 222 truck trips (111 truckloads assuming 12 cubic yards per load). Assuming trucks would be filled at a rate of approximately four trucks per hour and seven hours per day (9 a.m. to 4 p.m.), truck traffic increases of approximately four trucks per hour would occur over approximately four work days. Existing roads would be adequate to carry this temporary increase in truck traffic. The Town's Zoning Ordinance would require provision of two parking spaces for the proposed single- family residence. The project would more than meet this requirement by provision of a two-car garage and motor courtyard, which could accommodate about three cars. Potentially Significant Potentially Impact Unless Less Than Issues (and Supporting Information Sources) Significant Mitigation Significant No Impact Incorporated Impact Impact XVI. Utilities and Service Systems - Would the project: a) Exceed wastewater treatment requirements of the X applicable Regional Water Quality Control Board? MARCH, 2009 21 INITIAL STUDY - 26 ALPINE AVENUE Potentially • Significant Potentially Impact Unless Less Than Significant Mitigahori Significant No issues (and Supporting Information Sources) Impact Incorporated Impact Impact b) Require or result in the construction of new water or X wastewater treatment facilities or expansion of existing - facilities, the construction of which could cause significant environmental effects? c) Require or result in the construction of new storm water X drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? d) Have sufficient water supplies available to serve the X project from existing entitlements and resources, or are new or expanded entitlements needed? e) Result in a determination by the wastewater treatment X provider, which serves or may serve the project that it has adequate capacity to serve the projects projected demand in addition to the providers existing commitments? f) Be served by a landfill with sufficient permitted capacity to X accommodate the projects solid waste disposal needs? g) Comply with federal, state, and local statutes and X regulations related to solid waste? Utilities are currently provided to adjacent residential uses. Although the site plan does not indicate utility connections, it is expected that utilities would be extended onto the site from Alpine Avenue. No major off-site utility improvements would be expected to be required for project development since this is an in-fill development and involves development of one residence on one existing parcel. Proposed and Town-required storm drainage facilities are discussed above under Section VIII, Hydrology and Water Quality. ssues (and Supporting Information Sources) Potentially Significant Impact Potentially Significant Impact Unless Mitigation Incorporated Less Than Significant -Impact o Impact XVII. Mandatory Findings of Significance - a) Does the project have the potential to degrade the quality X of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or, eliminate important examples of the major periods of California history or prehistory? MARCH, 2009 22 INITIAL STUDY - 26 ALPINE AVENUE ssues (and Supporting Information Sources) Potentially Significant Impact Potentially Significant Impact Unless Mitigation Incorporated Less Than Significant Impact o Impact b) Does the project have impacts that are individually limited, x but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? c) Does the project have environmental effects which will x cause substantial adverse effects on human beings, either directly or indirectly? MARCH, 2009 23 INITIAL STUDY - 26 ALPINE AVENUE LIST OF SUPPORTING INFORMATION SOURCES (Indicated as endnotes under specific issues of Initial Study) 'Bay Area Air Quality Management District, -1996. BAAQMD CEQA-Guidelines, Assessing the Air Quality Impacts of Projects and Plans. April. z Arbor Resources, 2006. A Tree Inventory and Review of the Proposed New Residence at 26 Alpine Avenue, Los Gatos, California. June 16. 3 Nolan Associates, 1999. Draft Erosion Potential Map, Shrink-Swell Potential of Soils, Slope Stability Hazard Map, Debris Flow Hazard Map, Liquefaction Hazard Zones Map, Seismic Shaking Hazards Map, Geologic Map, Fault Rupture Hazard Zones Map for the Town of Los Gatos General Plan Update. January 17. 'Nolan Associates, 1999. Draft Fault, Lineament & Coseismic Deformation Map for the Town of Los Gatos General Plan Update. January 17. 'Poll ak Engineering, Inc., 2008. Geotechnical Update & Supplemental Recommendations for Proposed New Residence, 26 Alpine Avenue, Los Gatos, California. Project No. 1138. October 8. Hallenbeck/Allwest Associates, Division of Allwest Geoscience, Inc., 2005. Update Geotechnical Engineering Investigation, Proposed Residence, 26 Alpine Avenue, Los Gatos, California. September 7. Hallenbeck & Associates, 1997. Geotechnical Engineering Investigation, Proposed Residence, Alpine Avenue, Los Gatos, California. July 24. Hallenbeck & Associates, 1996. Geologic Hazard Evaluation, Property on Alpine Avenue, Los Gatos, California. October 23. 6 Geomatrix, 2005. Peer Review - Update Geotechnical Engineering Investigation, Proposed Residence, 26 Alpine Avenue, Los Gatos, California. September 21. ' Hallenbeck/Allwest Associates, Division of Allwest Geoscience, Inc., 2005. Addendum to: Update Geotechnical Engineering Investigation, Proposed Residence, 26 Alpine Avenue, Los Gatos, California. December 8. $ AMEC Geomatrix, 2008. Peer Review - Geotechnical Update and Supplemental Recommendations, Proposed Residence, 26 Alpine Avenue, Los Gatos, California. November 13. Geomatrix, 2006. Supplemental Peer Review - Addendum to: Update Geotechnical Engineering Investigation, Proposed Residence, 26 Alpine Avenue, Los Gatos, California. February 15. 'Town of Los Gatos, 2004. Development Application Supplement: Hazardous Wastes and Substances Statement. June 8. 10 Santa Clara County Fire Department, 2005. Development Review Comments dated July 21, 2005 by - y Ryan Rucker. MARCH, 2009 24 INITIAL STUDY - 26 ALPINE AVENUE 1 ' " In indoor noise environments, the highest noise level that permits relaxed conversation with 100% intelligibility throughout the room is 45'dBA. Speech interference is considered to become intolerable when normal conversation is precluded at 3 feet, which occurs when background noise levels exceed 60 dBA (U.S. Environmental Protection Agency, Information on Levels of Environmental Noise Requisite to Protect Public Health and Welfare with an Adequate Margin of Safety (Condensed Version, 1974). MARCH, 2009 25 ~ ~ ~ ATTACHMENT 1 RECOMMENDATIONS FROM A TREE INVENTORY AND REVIEW OF THE PROPOSED NEW RESIDENCE AT 26 ALPINE WAY I.OS r ATOS, CALIFORNIA JUNE 16, 2006 BY ARBOR RESOURCES I t ARBOR RESOURCES Professional Arboriculturcal Consulting & Tree Cure .A TREE INVENTORY AND REVIEW OF THE PROPOSED NEW RESIDENCE AT 26 ALPINE AVENUE LOS GATOS, CALIFORNIA PROPERTY OWNER/APPLICANT: Holiday Drive LLC APN: 529-37-042 ARCHITECTURE & SITE APPLICATION S-04-064 Submitted to: Suzanne Davis Community Development Department Town of Los Gatos 110 East Main Street Los Gatos, CA 95031 Prepared by: David L. Babby, RCA ASCA Registered Consulting Arborist #399 ISA Certified Arborist #WE-4001A June 16, 2006 P:O. Box 25295, San Matco, California 94402 • Email: arborresourccs@)coincast.net Phone: 650.654.3351 0 Fax: 650.240.0777 Licensed Contractor #796763 David L. Gabby, Registered Consulting Arborist Jame 16, 2006 TABLE OF CONTENTS SECTION TITLE PAGE 1 0 INTRODUCTION . 1 1 Assignment 1 . 1.2 Site Description 1 2.0 TREE COUNT AND COMPOSITION 2 3.0 SUITABILITY FOR TREE PRESERVATION 3 4.0 PROJECT REVIEW 3 5.0 RECOMMENDATIONS ...................................................5 5.1 Design Guidelines 6 5.2 Protection Measures Before and During Development 7 EXHIBITS EXHIBIT TITLE A TREE INVENTORY TABLE B SITE MAP i. David L. Babby, Registered Consulting Arborist June 16, 2006 1.0 INTRODUCTION i" 1.1 Assignment I have been asked by the Town of Los Gatos Community Development Department to review the potential tree impacts associated with the proposed new residence at 26 Alpine Avenue, Los Gatos (project titled "Barnes Residence"). This report presents my review and recommendations. Trees inventoried for this report include those defined as being "Protected Trees" I and located in proximity to the proposed development components, to include trees situated on the subject site, as well as trees overhanging the subject site from neighboring properties. Plans reviewed for this report include [1] a Grading and Drainage Plan, dated 10105, by Westfall Engineers, Inc. and [2] Sheets Ai thru A6, dated 6/15/04, by Williams Residential Design. The trees' approximate locations and numbers are presented on Exhibit B, which is an attached copy of the Grading and Drainage Plan (G&D Plan). Note that numbered tags have not yet been attached to the trees' trunks due to site constraints but can be upon greater access being made available. 1.2 Site Description The subject site is an undeveloped lot on fairly steep terrain that slopes uphill from Jackson Street to Alpine Avenue. Access along the Alpine Avenue side originates from an existing driveway leading to the northern neighboring residence. Access from Jackson Street originates from the road and requires crossing an intermittent creek that runs immediately along the west side of the roadway. The ground throughout the site is blanketed with a thick and deep layer of ivy that covers the lower trunks of most all trees. Consequently, I was unable to fully assess the trees' conditions at this time. For a more complete assessment, all ivy within at least two feet from the trees' trunks should be manually removed. The site contains a relatively significant amount of large and small trees that form nearly a continuous canopy over much of the property. The population is dominated with native specimens, primarily oaks, bays and buckeyes. Large non-native species scattered throughout include three Blue gum eucalyptus and one Monterey pine. 1 Per Section 29.10.0960 of the Town's Ordinance, a "Protected Tree" has a trunk diameter of four inches and greater measured at three feet above grade. An exception to this, as set forth in Section 29.10.0970, involves a fruit or nut tree with a trunk diameter of less than 18 inches. Holiday Drive LLC Property, 26 Alpine Avenue, Los Gatos Page 1 of 9 Town of Los Gatos Community Development Department David L. Babby, Registered Consulting Arborist June 16, 2006 2.0 TREE COUNT AND COMPOSITION There are 59 trees of 10 various species inventoried for this report. The table presented below identifies the name; number and percentage of each. - - - a Al~lii n M-0 TREE mmw. .':4... t;F~ t:A _ { Blue Elderberry 37 1 2% Blue Gum Eucalyptus 43, 47, 58 3 5% Coast Live Oak' 7, 8, 13, 16, 18-23, 27-29, 33, 27 46% 34, 38-41, 44-46, 52, 53, 55-57 California Buckeye 1, 4, 5, 9, 32 5 California Bay Tree 39 12, 14, 25, 26, 30, 31, 35, 11 19% 36, 42, 48 English Walnut 2 1 2% Fan Palm 51,59 2 3% Monterey Pine 54 1 2% Valley Oak 10, 11, 15, 17, 24 5 8% Wattle 6, 49, 50 3 5% Total 59 100% The trees are sequentially numbered from 1 thru 59 and specific information regarding each is presented in-Exhibit A, (Tree Inventory Table). Of these, the trunks of #15-17, 55 and 59 are situated on neighboring properties and are included as their root zones and/or canopies are vulnerable to potential damage during development. P Nineteen trees are not shown on the project plans and include #1, 9, 16, 23, 26, 27, 29-32, 34-36, 38, 40-42, 49 and 50. Their approximate locations are presented on the attached map but should not be construed as being surveyed. Holiday Drive LLC Property, 26 Alpine Avenue, Los Gatos Page 2 of 9 Town of Los Gatos Community Development Department David L. Babby, Registered CbnsultingArborist June 16, 2006 3.0 SUITABILITY FOR TREE PRESERVATION Each tree has been assigned a `high,' `moderate' or `low' suitability for preservation rating based on its physiological health, structural integrity, location, size and specie type. These ratings and applicable tree numbers are presented below. Note that the `good' category comprises 15 trees (or 26-percent), the `moderate' category comprises 25 trees (or 42- percent), and the `low' category comprises 19 trees (or 32-percent). High: Applies to trees #10, 17-20, 24, 29, 38-41, 45, 46, 55 and 59. They are characterized as having the likely potential of providing long-term contribution to the site, appearing in good health, and having seemingly stable structures. They are typically the most suitable for retention and protection. Moderate: Applies to trees 91-5, 7-9, 11-16, 23, 28, 32, 34, 44, 47, 51-53, 57 and 58. They generally contribute to the site, but not at seemingly significant levels, and/or appear in only fair health and/or structural condition. These trees are typically worthy of protection, however, not at the expense of major design revisions. Generally, their longevity and contribution is less than those of high suitability, and more frequent care is typically needed during their remaining life span to minimize their risk. Low: Applies to trees #6, 21, 22, 25-27, 30,.31, 33, 35-37, 42, 43, 48-50, 54 and 56. { They provide minor contribution to the property and/or are in poor, dead or dying condition. In many instances, these trees present a significant risk of failure and are unsafe. They are highly suitable for removal and are predisposed to seemingly . irreparable health problems and/or structural defects that are expected to worsen regardless of measures employed. 4.0 PROJECT REVIEW There are 15 trees in direct conflict with the proposed design and include #33, 35-39, 44, 47-51, 54, 56 and 57. Through implementation of. the proposed design, an additional 9 trees would be severely impacted and include #34, 40-42, 45, 46, 52, 53 and 55. Of trees listed above, the anticipated loss of #33-37, 42, 44, 47-52, 54, 56 and 57 would seemingly comply with Section 29.10.0990 of the Town Code due to their condition, location, size and/or species. Pursuant to Section 29.10.0985 of the Town Code, mitigation is necessary for the loss of trees #34-36, 42, 44, 47-52, 54 and 57 and must Hoaaay Drive LLC Property, 26 Alpine Avenue, Los Gatos Page 3 of 9 Town of Los Gatos Community Development Department David L. Babby, Registered Consulting Arborist June 16, 2006 comply with provisions within that section. As for trees #33 37 and 56, they present a hazardous condition and should be removed regardless of the proposed design. Trees #38-41, 45, 46, 53-and- 55 appear highly-suitable for retention and should remain on site and be adequately protected. Of these, #38 and 39 appear as suitable candidates for relocating 'and, in doing so, should be moved west, of their current location to be at least 10 from the future dissipater and retaining wall. As for the others, the grading and drainage design should be revised so no grading or trenching occurs (including overcut) within the following minimum setbacks: a. Trees #40 and 41: Ten feet from their trunks. b. Trees #45 and 46: The proposed driveway and curb (including any edging or forms) must be designed to be established entirely on top of existing soil grade where within 15 to 20 feet of their trunks (i.e. a no-dig design). If a soil cut is necessary, it should not exceed a four-inch depth below existing grade. Compaction of the existing soil surface shall not occur; it can for base materials but should not exceed 75- to 80-percent density. To help achieve these compaction requirements for a raised driveway surface Tensar® BX Geogrid (www. tensarcorp. com) should be placed on the soil surface, pinned down, and overlaid with a minimal amount of aggregate base material. Please note this material can be placed on soft and weak soils and fill can be used to slope the top of the driveway down to original grade: c. Tree 453: Twenty feet from its trunk, including the proposed swale. d. Tree #55: Fifteen feet from its trunk with no excavation beyond two feet from the wall where within 25 feet from its trunk. The Site Plan indicates the relocation of trees #44 and 51. However, neither should be relocated as the process would adversely impact surrounding trees expected to remain. Tree #52 is a fairly large Coast live oak situated along the existing driveway. It seems to provide value to the site due to its size and stature among the other, surrounding large oaks. Careful observations of its condition, however, reveal signs that it has declined from what would typically be expected for a tree of its age and size. Consequently, I find the tree.to be, at best, in only fair overall condition and, subsequently, have assigned it a `moderate' suitability for preservation. According to the Site Plan, a retaining wall would be constructed about 6.5 feet from tree #52's trunk. At this distance, the tree's longevity and stability will be severely compromised, a result that would be further increased by the necessary overcut being dug. Holiday Drive LLC Property, 26.4 lpine Avenue, Los Gatos Page 4 of 9 Town of Los Gatos Community Development Department David L. Babby, Registered Consulting Arborist June 16, 2006 If this tree were to remain and expected to survive and remain stable, the grading and drainage design (including the swale) will require revision to establish a minimum 12-foot setback to the north, 14-foot setback to the west and a 20 to 25-foot setback towards the southwest. Please note the tree's location will need to be field-verified as it differs between the G&D Plan and the Site Plan. Furthermore, additional protection measures would need to be employed during construction and can be provided upon request. The canopy dimensions presented on-the Site Plan appear arbitrary and do not depict the actual canopy sizes. The canopy dimensions presented on the G&D Plan are more accurate but not for all inventoried trees. The plans should be revised accordingly. The proposed grading design differs between the G&D Plan and Site Plan. They should be revised to match another, preferably requiring less grading which appears more consistent with the G&D Plan. The north arrow is backwards on the architectural drawings and should be revised accordingly. There are eight trees shown on the proposed plans that have otherwise been removed or fallen over some time ago. Subsequently, they should be labeled on the plans as missing and are as follows. [1] a six-inch bay by tree #5, [2] a 12-inch oak by tree #14, [3] a 60- inch Eucalyptus between trees #1 and 40, [4] A 28-inch oak between trees #37 and 48, [5] a 36-inch oak near tree #56, [6] a small oak along boundary and about 27 feet west of tree #55, [7] two 10-inch oaks 12 feet north of tree #58, and [8] a 24-inch oak 26 feet northeast of tree #58 (on the neighboring property). A utility pole for the high-voltage electrical lines is shown on the plans near tree #11. This pole was cut down some time ago, as evident by the remaining stump portion, and a new one installed approximately 13 feet north (closer to tree #6 as shown on Exhibit B). 5.0 RECOMMENDATIONS The recommendations presented within this section are based on plans reviewed and serve as guidelines to mitigate impacts to trees being retained and removed. They should be carefully followed and incorporated into project plans. Note that they are subject to revision upon reviewing any additional or revised plans. Holiday Drive LLC Property, 26 Alpine Avenue, Los Gatos Page S of 9 Town of Los Gatos Community Development Department David L. Babby, Registered Consulting Arborist June 16, 2006 5.1 Design Guidelines 1. The following should be added to both the G&D Plan and Site Plan: [1] the surveyed trunk location of trees #1, 9, 16, 23, 26, 27, 29-32, 34-36, 38, 40-42, 49 and 50, [2] the assigned tree numbers presented in this report, and [3] the accurate canopy dimensions of each inventoried tree (these can be grouped together similar to what is currently shown on the G&D Plan). 2. The project plans should be revised to consider each recommendation presented in Section 4.0 (on pages 4 and 5) of this report. 3. The future water line should be routed from the meter towards the southeast to about 20 feet from tree #43's trunk (the purpose is to minimize root loss of tree #43). The remaining section of line, as well as the future sewer line, should be routed at least 20 feet from the tree's trunk. 4. The construction of an approved retaining wall beneath a tree's canopy should adhere to the following guidelines: a. If the wall is supporting fill, a post and above-grade beam design should be employed in which no soil is excavated or trenched between the posts (i.e. a no-dig design except for the posts). b. If the wall is supporting existing grade, the overcut beyond the wall should not exceed 24 inches (shoring may be necessary to achieve this). 5. Trees #38 and 39 should be relocated rather than removed. In doing so, the work must be performed by a professional tree moving company that has a certified arborist in a supervisory role. All recommendations presented by the company to achieve the trees' survival shall be followed, including supplemental watering for a minimum two-. to three-year period. Additionally, the trees' new locations should be shown on Sheet L1 and established at least 20 feet apart and well beyond the canopies of retained trees. 6. Mitigation is necessary for the loss of trees #34-36, 42, 44, 47-52, 54 and 57 and must comply with Section 29.10.0985 of the Town Code. All new trees that will be installed on site must be selected from the Town's list of recommended trees (available from the Planning Department). The amounts, sizes and locations of the replacement trees should be shown on the landscape plans and be planted prior to final inspection. All new trees shall be double-staked with rubber tree ties and all forms of irrigation must be of a drip or soaker hose system placed on the soil surface and not in a sleeve. Holiday Drive LLC Property, 26Alpine Avenue, Los Gatos Page 6 of 9 Town of Los Gatos Community Development Department David L. Babby, Registered Consulting Arborist June 16, 2006 7. Per Section 29.10.1000(C.1) of the Ordinance, a copy of this report should be incorporated into the final set of project plans, titled Sheet T-1 (Tree Protection Instructions) and referenced on the Site Plan. 8. The drainage design for the project, including downspouts, must not require water being discharged beneath or towards the canopies of retained trees. 9. The future landscape plans (both planting and irrigation) should be reviewed for tree impacts prior to approval. 10. The future landscape design should incorporate the following guidelines: a. Turf must be avoided beneath a tree's canopy. Any plant material installed beneath a canopy must be drought-tolerant and comprise no more than 15-percent of the canopy area. b. Any trenching for irrigation, lighting or drainage should be designed beyond the trees' canopies. If irrigation lines or electrical lines for lighting are designed inside this distance, the trenches should be in a radial direction to the trunks and established no closer than five times the diameter of the nearest trunk; if this. is not possible, the lines can be placed on top of existing soil grade and covered with wood chips or other mulch. ( c. Irrigation should not be sprayed beneath canopies. Irrigation for new plant material should be of a drip-type system. d. Stones, mulch or other landscape features should be at least one-foot from the trunks of retained trees and not be in contact with the trunks of new trees. e. Tilling beneath the canopies should be avoided, including for weed control. f. Bender board or other edging material proposed beneath the trees' canopies should be established on top of existing soil grade. 5.2 Protection Measures before and during Development 11. Due to the close proximity of activities amongst trees, an individual certified by the International Society of Arboriculture (ISA) - to be named the "project arborist" - should be retained by the applicant or owner to assist in implementing and achieving compliance with all tree protection measures. Certified arborists in the area can be found at www: isd-arbor. com%findArboristTiindarborist. aspx. 12. At least two weeks prior to any grading or site clearing work, a pre-construction meeting shall be held on-site with the project arborist; the developer and contractor to discuss work procedures, protection fencing locations, limits of grading, staging areas, routes of access, mulching, watering and other items regarding mitigation. Hotiaay Drive LLC Property, 26 Alpine Avenue, Los Gatos Page 7 of 9 Town of Los Gatos Community Development Department David L. Babby, Registered Consulting Arborist June 16, 2006 13. The approved limits of grading should be staked prior to the pre-construction meeting. 14. Tree protective fencing shall be installed prior to any demolition, grading, surface scraping or heavy equipment arriving on site. Its precise location must be determined and its placement approved by the project arborist (in the form of a letter submitted to the Town) prior to the issuance of any demolition, grading or construction permit. It shall be comprised of six-foot high chain link mounted on eight-foot tall, two-inch diameter steel posts that are driven 24 inches into the ground and spaced no more than 10 feet apart. Once established, the fencing must remain undisturbed and be maintained throughout construction until final inspection. Please note fencing beneath a tree's canopy should be established no more than two feet from a retaining wall and existing hardscape. 15. Unless otherwise approved, all construction activities must be conducted outside the fenced areas (even after fencing is removed). These activities include, but are not limited to, the following: demolition, grading, stripping of topsoil, trenching, equipment cleaning, stockpiling/dumping of materials, and equipment/vehicle operation and parking. 16. The following shall be displayed on 8.5- by 11-inch signs (minimum) and attached to the fencing every 50 feet on the side facing construction activities: "Warning - Tree Protection Zone - this fence shall not be removed. Violators are subject to a penalty according to Town Code 29.10:1025." These signs shall be posted prior to demolition or grading commencing. 17. Prior to commencing demolition, I recommend a five-inch layer of coarse wood chips from a tree service company is manually spread within the designated fenced areas. The wood chips must not be placed against the trees' trunks and shall remain throughout construction. 18. Any approved activity required beneath a tree's canopy (within and beyond the designated fended-areas) must be performed under the direction of the project arborist. 19. The project arborist should also be retained to perform monthly site visits for ensuring compliance to tree protection measures. 20. Any approved digging or trenching beneath a canopy shall be manually performed. In the event roots of two inches and greater are encountered during the process, the project arborist shall be consulted for appropriate action. F° Holiday Drive LLC Property, 26 Alpine Avenue, Los Gatos Page 8 of 9 Town of Los Gatos Community Development Department David L. Babby, Registered Consulting Arborist June 16, 2006 21. All existing, unused lines or pipes beneath the canopies of retained trees should be abandoned and cut off at existing soil grade. 22. Each recommendation presented within Section 5.1 of this report and applicable to the actual development of the site shall be followed. 23. All ivy should be cleared off and at least two feet from the trunks of retained trees. The removal of ivy, plants or shrubs beneath the canopy of a retained tree should be manually performed with great care taken to avoid excavating soil during the process. Large shrubs should be cut to grade. 24, Supplemental water shall be provided to the retained trees prior to construction or demolition; the project arborist shall determine the specific trees, amounts of water and application methods. 25. The pruning and removal of trees shall be performed under the direction of the project arborist and by a company that has an ISA Certified Arborist which will directly supervise the work. All pruning shall abide by ISA standards and be limited to the removal of dead branches, encroachments and, reduction of heavy limb weight. Stumps i ` of removed trees or large shrubs should be ground below grade rather than pulled up using an excavator. 26. The disposal of harmful products (such as chemicals, oil and gasoline) is prohibited beneath canopies or anywhere on site that allows drainage beneath canopies. In addition, fuel should not be stored nor shall any refueling or maintenance of equipment occur within 100 feet of the trees' trunks. 27. Herbicides should not be used beneath the trees' canopies. Where used on site, they should be labeled for safe use near trees. Holiday Drive LLC Property, 26 Alpine Avenue, Los Gatos Page 9 of 9 Town of Los Gatos Community Development Department _ t 1 ATTACHMENT 2 GEOTECHNICAL INVESTIGATIONS RECOMMENDATIONS AND GEOLOGIC MAPS FOR 26 ALPINE WAY LOS GATOS, CALIFORNIA HALLENBECK/ALLWEST, INC. SEPTEMBER 7, 2005 AND DECEMBER 89 2005 AND POLLAK ENGINEERING, INC. OCTOBER 8, 2008 l lvl.r. Barre B Imes Septomber 7, 2005 Page 1 t accelcraLions anticiPated at the subject property during such a scisinic event could approach 50% of gravity (g), DISCUSSIONS ICONCLUSIONS In our opinion, the site can he successfully developed from an engineeruig geologic and geotechnieal engineering viewpoint. Moderately weak near-surface soils and soils suscoptiblc to creep-type movements extended to depths of up to 3 %l feet on the steep slope located within the central portion of the site. Relatively competent soil comprised of older alluvium was encountered underlying the weak, pear-surface soils, Diw to the locally steep slopes, and the varying depths and qualities of the near-surface soils, we commend that Lhc Struclurc be supported oii a drilled pier and grade be=-Lype fc un (Idtio tl. A shallow slougjVcreep area was ideritirod on the slope in the vicinity of test baring No ( l 2. (Appendix A). The creep-prone soil in this area that is not removed by the plarmcd grading should be either ovcrcxcavated and recompacted as engineered fill and/or retained with origineltxed wall(s). The majority of the subject property and area designat.ed for development is located predominately on .tho foolwall block on the tiottla. side of thntst fault mapped within the southern portion of Lhe property, A 30-foot wide restrictive 110-build setbaek zone is recommended extending to the north of the fault trace. No habitable structures with foundations can b,~ co)l truoted within.this setback zone. However, if cantilcvcrcd, portions of.the residence can extend tip to 6 foot into the setback zone if foundations are Clot Litilized within the zorlo. RECOMMENDATIONS 1• Gruding It is rccomme.ndcd that all site grading be doiic uridor tiro direct observation of our { firm and in ;accordance with the attached Guide Specifications for Bugineered .bill, Hallenbeck/Allwest Associates Division of Allwest Geoscience, Inc. geotechnicai and environmental engineering Mr. Barre Barnes September 7, 2005 Page 12 -Ctttslopes 10 ioct in height or loss can be coilsh-ucted at maximurn s1_6pe inclinations of.2 horizontal to 1 vertical. Any cutslopes greater than 10 feet in heiglit should be reviewed' by 0Lir office so t11at specific ovaluatiort of tho geomersy Cif Llie cut and its irnpacL on tile stlhil-ity of vho site can be evaluated, Areas to rcccive fill should first be stripped of all organic material and weak surface soils (including any existing undocumented fill) pri or to the placement of riew fill. The stripped material contaminated will, vegetation call be stockpiled for later use 'hi landscape areas, but should not be used in the cnginccror_l fill. Where trees arc to be Laken out, excavations should be made to rernove their root systems, The hole ci'eatccl should be bac)eilled with compactod engineered till p{aced udder the observation of qur personnel and in accordance with the Specifications outlined below. Once the su.bgradc is properly prepared, any eugincerod fill should be. placod'in thin lifts (not to exceed 6 to 8 inches in uncornpactcd thickness), 1110iSture eanditiolL as necessary, to pcodLrce a 111oLStllre content that will hermit proper compaction, and-cornpiictcd to at least 1)0 porcent relative colx1pactions (ASTNI DI 557).' If engineered fillslopcs are to be constructed, and/or if till is to be placed 'on ground.thai has a 5 lloriMllal to I Vel-Lical slope or grouter, it should be k,eyed aild bcrichetl in accordance witli the following rcconlrncndatiorts. A key with a minimum width of one and a halt times the cornpaction cquiprllelit -or IQ feet (whichovor is greater) should be constructed at the toe of any planned fill slope, 'file koy excavation should have a minitntim depth into con-1petent rllaterial (as doturinined by our engineer in the field at the time of the key cxulvahor) oft feet oil the downslupu side. Once excavated, fill can be placed in the key in this lifts (6 to 8 inches in uncompaotcd thicIcness), brought to a rtloistLn-e corlteril LhuL will permit proper compaction, and cornpac(ed to at least 90 Hallenbeck/Ailwest Associates Division of Allwest Geoscicnce, Inc. geotechnical and environmental engineering Mr. Barre Dames September 7, 2005 Pa-c, 13 pcrccnL relative conTipkictioiJ (.<`ASTNI D1557). AS the GIf level rises, excavations should be made into competent material to form level ben,claes below any weals sLu-faCe soil layers. Fill can then be placed on these benches, brought to a moisture content that will permit proper compaction, and compacted at least 90 percent relative compaction (ASTlv1 D1557). The procedures described above should be Used until finished grades are achieved. It is recomi-nended that fill slopes he constructed at inclinations no greater than 2 horizontal to 1 vertical, In addition, it is recommended that the outorportions of fill slopes be overbuilt by 1 to 2 feet, then trimmed back in order to ensure a well-compacted slope surface. rn areas where the till thickness is to fie. 6 feet or greater, or where subsurface seepages are encountered, it may be necessary to install subdrainage. The need for subsurface drainage should be preliminaxily determined by the our crl;inccr based on a. review of the nrading plan. The final locations of subdrains may be 1 i modified by the our ctlgirlCer in the filed hosed on exposed conditions. Subsurface drains, if rccltlired, should be constructed in accordance with the attached GLEide,5pecifications l•'or Subsurface Drains, Newly graded slopes may be susceptible to surface erosion, I'llese" surrcial problems can be mitigated with the use of app.ropr-iaLe laridscaping tccluliques. You may. wish w consult with a landscape contractor foi- Rmher inpuL in this regard. It is rioted that slopes less than 2 horirolital to 1 vortical would be less susceptible to surftcial instabilities or erosion, but should still be stabilized with vegeLat.ive cover. Hallenbeck/A(Iwest Associates Division of Allwcsz Ceoscience, 111C, geotechnica( and environmental engineering Mr. Barre Bames September 7, 2D05 Patio 14 2. Foundations - For cotnplianco With the Cali forl7ia BLLiKing Code, the following seismic design parwlietcrs should apply to the site: Soismic, Zorn: 4 Seismic Zone Factor: Z- 0.4 Soil Profile Typo' SL ,Seismic 'Source 'l'ype: 13 Ncar Source .Factors: NQ - 1.3 N,, 1.6 Seismic Coefricionts: C., = 0.57 C„- 1.02 13asccl on t1w, CDMG Seismic Hazard Evaauxtion, the site may be subjocted to a . peak around aceclcraiion (for s.YluviUm conditions) of 0.7g. 't'his ground motion is based on a 10 percent probability o F oxceederice within 50 years, which is the cunent State of California standard for rion-critical structures. The pwjwse of the etuthyual.e provisions prescntcd in the C'alifon•lia Building Code is prininrily to safeguard against major siruciural Failures, collapse and loss of life, not to limit dltnlagr; or maintain function. 'Based on that purpose, the subjcot duvetopmenL may be dasigned in'accordance witli tho scisrrric forn-iulas oiid rogUiminenl.s presented in llte current version of the California Building Code. It is tho responsibility of the project structurat engineer to utilize the critical soismiic RLecors Lc) be ut;ed For buildilIg design and to implement the applicable sections of the code. Due to the stoop slopes and potentially loose near-surface soils in the area of the proposed development, it is recommendod that the structure; be supported can a pior and grade beam foundal.ion. The piers should have a minimum diameter of 16 inches and should be oxcavated to a n)ini.mum depth of S feut into the Halle nbeck/Al [west Associates Division of Allwest Geoscience, Inc. geotechnical and environmental engineering Mr, Barre Bames September 7, 2005 Page 15 underlying "older tifltivium- said/or other competent material (Lis deLel-iniaed by the our cilgii3cer a tale time of drilling). Greater depths may be regt.tired by the project structurirl ellgincer, depending on the structure loads. The vertical load capacity of the, piers should be designed on the basis of skin fricl.iotl acting on the portion Of the pier that is below the top of supporting material. An allowable skin friction of 500 psf can br assumed for de*id plus litre loads. The skin friction can be increased by one-third for all loads, including wind and/or seismic, The mirihuti n depth to the lop of supporting material should be taken as 3 feet below rile lowest adjacent finished grade. Where piers will be located on or vl jaczrit to slopes, the minimum depth should be increased in accordanec with the criteria presented- on Figure 3. Tiers should also be deepened so that they are 11e1OW rile 70rto of illflttcnru of ally nearby retaininz?, walls, if piers arc constructed near all existing''or proposed retaining wall, flee top of supporting material Should be defined as rile surface of an imaginary plane extending, upward from the bottom of the retaining wall at ,in inclination of 1 ',/a. horizontal to 1 vertical or below tlae Mittirl UM depth, as outlined above, whichever is greater, Most of the proposed building is to be. located on a moderately swcp slopo, We recommemi that piers located on or within 10 feet of the crest of slopes with inclinations greater than 4 horizontal to 1 vertical be desi-tlcd to resist a lateral I a croup farce acting on the ulaper 3 feat of the pier eclttivalent to 300 pounds -mtrltiplie(l by the pier spacing' if the pier` are 6 feet on omtcr, each Piet Should be designedl to resisi a 1,800-hou1ld ct:eep force), This creep force shouki be assumed to act on the pier at a location 2 feet below grade. I-Atotal fugues on the piers can be resisted by passive pressure mohliZed by the soil ill front of the pier starting at a depth of S feet below grade (or below the depth l Hallenbeck/Allwest Associates Division of Allwesc Geoscience, inc. geetechnical and environrnental engineering Mr. 'Barre 'Barnos September 7, 2005 Page 16 illustrated on the auached Figure 3, whichever is deeper).. At this depth a passive equival..ent fluid pressure of 350 pcf can be assunaed. For design puilmses, the passive pressure can be prgjccLcd over an area of two times the pier diamclur. It is recommended that the foundations be inter-comected with grade beams (rurming in an uphill/downhill direction) in order to help provide rigidity to the fhundatioti system. 3. Retaining Walls Retaining, walls supporting level backslopes should be designed for an active equivalciA fluid pre✓sSure- of 45 per. Iii aruaS whdru Lhe biwkslope iriclinalion is 2 horizontal Lo 1 vertical, the equivalent fluid pressure should be increased to 65 per. Linear interpolation can be used for intemediate bzckslopes. Wall restrained from rotation (such as building walls) should be designed for an additional uniforrn surcharge acLing over Lhe en Lire height ol'the wail elf 5U psf for walls 5 Fccl in height or less, acrd 1QQ psf .foe walls over ,5 feet h3 height. If wells are to be located along the downslope side of Lire driveway, they should also be designed ror a Lra.rfic surcharge load. The Lraf(ic surcharge can he assumed as equivalent 2 feet of additional retained height. •ff the design calls for the ptrvernenL Lo hurl up against. the badk of Lbe wall, the wall should also be designed for the additional loads of the restrained condition, as outlined above. ~r Lt order to provide; urliforrri supp<n-L for the residence, it is recommended dint rig airing wells that are an inLogral par( ofhuildings he Supported on piers. 9 Active fbroos eel picr-supported walls can be, resisted by a passive: pressure acting on Lhe piers starting at a depth of 3 feet below the lowest adjacent finished grade, or below the depth illustrated on the a(Lached Figure 3, whichever is deeper. 't'his Hallenbeck/Allwest Associates Divislon of Allwcst Geoscience, Inc, geotechnical and environmental engineering Mr. Barre Barncs September 7, 2005 Page 17 depth of neglect tll.ay be reduced to 1 foot for walls in areas of 3 fcot or more of cut into natural material, which produces a lcvcl area in front of the wall o(° 10 feet or greuLen At the recommended depth, a Massive equivalent fluid pressure: of 350 pcC can be assumed, This passive pressure may be projected over two pier diameters. Whorc excavations are made so that the slope imnnediately downhill of the wal I is to be 5 horiZotital to 1 vertical or less, and where the wall is not an imcgral part of the proposed stt'ucture, the wall can be supported on a spread footing excavated to a mmimtim depth of 24 inches below the lowest adjacent grade. It is anticipated Lhat the excavation will expose relatively competent maturied at the base of the wall, Therefore, an allowable bearing pressure of 2000 psf for dead loads, 3000 psf for dead 111LLti live loads, and 4000 psf for all loads, including wind or seismic, can he nssuincd. Lateral loads on spread footing walls can be. resisted by passive•pressure, acting on Lhe From o(' the (noting and/or sll.ear key, This Passive prassure :~;hould he assunlcd to start r(L tl depth of 24 Inches below the lowest adjacent grade. At this dePlh, a passive presstire equivalent to a fluid pressure of 350 pcf can be assillned, fn order to.develop the passive pressure, it will be necessary Lo pour the footing and/or shear key against the neat, undisturbed face of the excavation, Friction along the bciuol'il of the spread footing can also he used to resist latoral loads. A coefficient of friction along the base of the Fooling of 0.30 can be assumed. 'Tie earth prossttres given in Lhi:s section assume that stilidraii-is will be col1-.qtj-L1CtQd behind the romining wal is to prevent the buildup of hydrostatic Pressilm, n typical seetieet 111LIKr,112ing subdrainage construction is prescnLod on Figure 4. It is noted that this detail is clot intended to be a moisture prcwntion treatment, and 1T is recotxm ended Lllat nloisttir~O prcveriliuri be inco Torated into the design of all t Hallenbeck/Al[west Associates Division of Allwest Geoscience, inc. geotechnical and environmental engineering Mr, Barrc Banncs Soptcrmbor 7, 2005 1' age J 8 retaining walls where moisture on the face and/or at the base of the wall would be; urtdesirab le. 4. ' Slab-oii-Gracie C'onstruction Above-,grade, woodfi•amed floors are, anticipated for the subject structure. 'However, slab-on-grade constntction may be used for garage slabs, exterior patios, and walkways. The scar-surface soils are tow to moderaicly expansive, Theretorc, the, minimum requiromont for slab-on-grade constnlction involves removing the vegetation and' roots, scarifying the ground surface to a depth, of 6 inches, and compacting the subgr-ade soil to at least 90 percent relative compaction (ASTM D1.557). In cut areas or in other portions of the site where stiff soil is oxposcd at the slab subgradc, the seaiifi calibn requirement niay be waived at the discretion of the soil engincor in the field. r` Where nioiSniro pomneation through slabs would be undesirable, an appropriaLo moisture barrier should be provided beneath the slab. A ccrrnmonly used moisture prevention treatment is illustrated on Figure; 5. The final decision regarding the type oftre,tiTierrl should be made by the ciwncr or architect. 5. Or•201age Drainage should be developed oil thcsito so that water does not pond, particularly tit the top of slope;r and adiacent to building 1"0undUti01-ts. Water should also be prevcntod from flowing over slopes in concentrated stroams or. ehatu-.els, Do.vnsperut5 aril yard drainage should be ccmnected to closed pipe systertis that Carry water to.permanont discharge facilities, if it is plarmcd to discharge tho collected surface runoff on to the slope below the residonco, the location of tho planned discharge point should be brought to the attention o(' our time so that we C',111 evalualte the potential offools on slope stability. Jlt addition, ri.prap or other entrgy dissipating devices shook[ he installed at the poirri of discharge to reduce Hallenbeck/Allwest Associates Division of Allwcst Geosch5nce, Inc. ge®technical and environmental engineering Mr. Barrc Dames September 7, 2005 Page 19 erosion and gcrllyirlg. drainage (arc rlonna.lly the responsibility of the civil ongineer. Moisture and (1<1111p11eSS in the cl'awi space of houses is a common probletti ;associated with above-grade floors. Dampness frequently occurs because the crawl pace beneath the house hecorllcs a relative. low point on the lot once backlit] is placed adjacent to the foundation grade -beams. Sines the grade beams are usually cast on the ground surface, water that collects in the landscapo fill during periods of heavy rain or inigation would tend to flow underneath the grade beam and then into the crawl space, vvliorc it can pond unless provisions are made to allow the water to escape. A, number of things can be done to reduce the severity of this probtetll. Good surface drainage around the perinlctcer of the residence is a first Step, although even positive surface drainage will not entirely eliminate Sahn'ation of landscape fills during periods of heavy t'aita acrd, therefore, the problcrn can oQour whether good surface drainage has been irnplemented or noL. Another step that can be taken would be to grade *the crawl space -area so that the water flow to designatud low areas,, where the water could theca be collected and dischat ged out from boneath the foundation. Discharged water should be dircewd Lc,i it suitable disposal point by gravity outlet. If dampness in the cravvl space is still a problem after the irraplementation of these rnt !astares, consideration could be given to covering crawl space soils with Visclueen Sq that the amount of evaporation of the damp soil in the crawl space is reduced. t i Other mor: effecrivc and rriore expensive rrlutlaods for reducing the severity of This possible crawl spcc rridisLure lir0hlcna can also be considered. TL is possible to ialstall subdrains around the perimeter of filar; uphill side of Lhe huilclirig intercept Suhscn•f Ce water befhre it has a chance to reach the ct'awl shacce. - To be cffeCdVO, Solbdrains should be Constiixtcd as close to the foundation as possible, and the boLLorn of the drain should be oXtonclud at least 18 inches below the crawl space soil, The subdrains should consist of uunuhes with a width of 12 inches :arid .I.L is noted that detailed rocomnzendatiails for surface Hallenbeck/Allwest Associates Division of Allwcst Gcoscience, inc. geotechnical and environmental engineering Mr. Foal-re Dames September 7, 2005 Paoc 20 6, should be backfilled with either Class 2 permeable material or, as an alternative, Class 1 pcmlea.ble--t-nater-ial wrapped' in appropriaLe drainage fabric can be used. A 3 or 4-inch diameter perforated pipe should be placed near the bottom of the subdrain trench to faeilitatt the removal of, water. This pipe should slopo towards a suitable 011flet point, maintaining a lninimuni slope of 1 % percent. The upper S to 12 inches of subdrain should be covered with rnl-sire impervious native soil to prevent surface water from flowing into the trench. Tightlinc pipes from roof downspouts and other surface area drainage improvements can be run along the trerieh alignment. However, the water irons surface drainage facilities should, in no case, be discliarged into the perforated pipe and/or gravel of the subdrain trench. Construction Observation and Review of Plans it is recommended that our firm be retained Lo review graciitlg and foundation plans For this site when they have been completed. The purpose or our review wol.lld be to evaluate the specific> oCcollstluctiol~, and to ensure that the illt.eni. of our recommendations have been reflected on the drawings, it is also recommclidcd that uur firn-1 be present at the time of site grading and foundation excCivatlons. This will enable us Lo evalUaLe the soil and rock collclitiOns ill the I1llprol/cluent areas firsthand, to provid0 densiLy Lesting of e13'Ptieered fills, and to provide supple-mental recommendations, if rccluired. r~ f, Hall enbeck/Allwest Associates Division of Aliwesz Geozci.cnce, Inc. geotechnical and environmental engineering John J. Hallenbeck, Jr., CE, GE Adel G. Kasim, Ph.D., CE, GE Robert G. Wilson, III, RG, CEG r.M1 Pd V Job No. 05-00.90GP-00 December 8, 2005 Mr. Barre Barnes 2175 De La Cruz Blvd., Unit C Santa Clara, CA 95050 JAN 2 C 2006 To,m" GATOS ! [D'VISION RE: Addendum to: Update Geotechnical Engineering Investigation Proposed Residence 26 Alpine Avenue Los Gatos, California As authorized and per the request of the Town of Los Gatos Peer Review Geologist, Mr. Bob Wright (Geomatrix Consultants,, Inc.) in his Peer Review Letter dated September 21, 2005 (Project 8449.029.0), we have prepared this addendum letter report to address concerns and provide additional information as requested in the Peer Review Letter. This addendum letter report should be included with and the additional information, conclusions and recommendations and revisions should be considered part of the Update Geotechnical Engineering Investigation prepared by this firm and dated September 7, 2005 (Job No. 05-0090GP-02). The scope of this addendum letter report included additional site visits, subsurface exploration consisting of two (2) test borings, laboratory testing, review of additional pertinent geologic literature pertaining to the site and vicinity, and the preparation of this addendum letter report. Included in this addendum are: ■ Response to items four (4) through eight (8) of the September 21, 2005 Peer Review Letter prepared by Geomatrix Consultants, Inc. • Revised Site Plan and Geologic Map based on the Title Sheet and Site Plan prepared by Williams Residential Design dated June 15, 2004 with the latest revision dated October 11, 2004 (Job No. 04-09-Barnes), refer to Figure 1. ■ Geologic Cross Sections depicting the topographic, subsurface and proposed development relationships, based on the Williams Residential Design Site P-lanj refer to Figures 2 and-3. - - - - ■ Two (2) test boring logs with applicable laboratory analysis presented on the boring logs, refer to Figures 4 and S. ■ Area Geologic and Fault Maps, refer to Figures 6 and 7. • References utilized in the original update geotechnical engineering investigation and this addendum letter report. Geotechnicai Engineering • Engineering Geology • Environmental Engineering • Soil'Laboratory • Material Testing ANAHEIM LOS ANGELES PLEASANT HILL SAN BERNARDINO SAN JOSE (714) 203-8350 (800) 625-5937 (925) 407-0288 (909) 888-5588 (408) 448-4975 Mr. B acre Baines December 8, 2005 Page 2 l In order to study the site for this addendum, two test borings (numbers 1A and' 2A) shown at the approximate locations on the Revised Site Plan and Geologic Map, Figure 1'were. drilled on October 28, 2005. .The borings were drilled beyond the anticipated depths of the foundation excavations and general excavations for the proposed development as depicted on Figures 1 through 3. The borings were drilled utilizing ' both a truck-mounted and portable, continuous flight auger drilling equipment. The borings were drilled to depths of 101/2 and 291/2 feet. The soil conditions in the borings were classified by our engineering geologist in the field, and boring logs were prepared on the basis of these classifications. The final boring logs, presented as Figures 4 and 5, represent the field logs with editing on the basis of laboratory tests and in-office examination of the samples by our engineering staff. Soil samples were recovered from the test borings utilizing both Modified California and standard split-spoon drive samplers. The samples. were brought to our laboratory.for review and testing. Tests were made on the samples to determine the unconfined compressive strength, dry density, and moisture content of selected samples. The results of these tests are shown, along with the resistance to penetration of the sampler, at the corresponding locations on the boring logs. The subsurface conditions encountered in the test borings drilled October 28, 2005 are similar to those described in the test borings drilled June 26, 1997 for the Hallenbeck & Associates report dated July 24, 1997. A surface layer comprised of sandy silt containing some clay, small gravels and organics was encountered to a it depth of 1 to 11/2 feet. This material was in a soft to firm condition. Below this, interbedded medium dense to very 'dense silty and .gravelly sand and very stiff to hard gravelly and sandy silts, containing varying amounts of clay and gravel were encountered to a depth of 12 feet in test boring. 1 and to the depth explored in Test Boring 2 (101/2 feet). The upper 3 to 4 feet of materials i.n Test Boring No. 2A can be considered younger alluvium. Below 12 feet in test boring 1A and extending to the depth explored (291/2 feet), the materials form distinct horizontal aligned interbedded layers of very stiff to hard sandy and clayey silts, very stiff to hard silty and sandy clays, and.dense to very dense silty sands. Sand is generally fine to medium grained and only very minor gravels are present at a depth of 221/2 feet and extending to the bottom of the test boring. Silty clay encountered at a depth of 271/2 feet and extending to the depth explored (291/2 feet) contained subangular to subrounded sandstone and shale fragments and carbon flecks. This soil exhibited a moderate expansion potential. Based on the subsurface exploration it appears that the alluvial materials encountered are generally older alluvial fan materials near the surface (erosional) and older stream channel and overbank deposits at depth. Younger alluvial deposits appear to be confined to the creek channel in the western part of the site and forin a thin veneer (3 to 4 feet thick) on the lower terrace adjacent to the creek channel, refer to Figures 1 though 3. Figure 1 represents a revised Site Plan and Geologic Map that incorporates the information derived from all the borings drilled at the site, the research of additional geologic literature and more detailed surface mapping of the site. Figures 2 and 3 are Geologic Cross Sections that depict the surface and subsurface relationships and the relationship of the planned development to the existing conditions. Hallenbeck/Allwest Associates Division of Allwest Geoscience, Inc. geotechnicai and environmental engineering Mr. Barre Baines December 8, 2005 Page 3 The apparent northern-most trace of the Berrocal Fault Zone that consists of a series of thrust faults located in the southern part of the site has been more accurately located and is depicted on Figure 1. The fault trace forms the contact between Monterey Formation and Franciscan Complex Sheared Bedrock (meta-siltstone) with the Franciscan Complex juxtaposed over the Monterey Formation. The fault contact is dipping at approximately 45'degrees towards the south, Outcrops of locally sheared Monterey Formation shale are exposed in the creek bank north of the fault and Franciscan Complex sheared bedrock is exposed in the creek bank and channel south of the fault. A 50-foot wide setback/ no build zone is recommended and depicted on Figures 1 and :3. The proposed residence is located north of and beyond the limit of the no build zone. A fault trace which apparently represents the southern extent of the Shannon Fault Zone is located a minimum of 80 feet north to northwest of the proposed residence. This trace intersects the Berrocal Fault Zone both to the west and east of the site. Based on topography, and review of aerial photographs, it appears to be a reverse fault inclined at a generally higher angle than the thrust faults associated with the Berrocal Fault Zone. Geologic Cross Section Y-Y' (Figure 3) indicates a relatively large distance exists between the two fault traces, which would tend to decrease the effects of random ground.cracking to occur within the center of the block between the faults (location of proposed development). The horizontal aligned stream channel deposits encountered at depth in Test Boring No. 1A indicates that no significant deformation of the block has occurred within 'the central part of the block. Deformation/shearing would be more likely along the block boundaries near the fault traces. Figures 6 and 7 further characterize the general geologic features of significance and fault trace locations within the vicinity of the site. The mapping depicted on Figures 6 and 7 correspond to the geologic surface and subsurface features encountered and observed at the site and outlined on Figures 1 through 3. According to the State of California Seismic Hazard Zones Map for the Los Gatos Quadrangle (7.5', dated 2002), the site is not located within a Seismic Hazard Zone. However, an approximate 20-foot high slope, which represents an alluvial terrace boundary, exists in the central part of the site. The slope is at inclinations of 1.5;1 to 2:1 (horizontal to vertical). Several feet of loose surface soils exist on a portion of the slope as depicted as CR on Figure 1. These soils are- susceptible to both lateral downslope soil creep and shallow sloughing. A shallow slough is located near the top of the slope within the potentially unstable area. The slough is approximately 15 feet wide and long. An approximate 3 to 4 foot steeply inclined head scarp exits at the head of the slough and along the top of the steep slope. A combination of apparent loose fill material and buried surface materials were exposed along the face of the scarp. Debris from the source is deposited at the base of the slough. Some of the soil mass has been eroded since its origin and the slough is now approximately 1 to 2 feet. Hallenbeck/Allwest Associates Division of Allwest Geoscience, Inc. geotechnical and environmental engineering Mr. Barre Bames December 8, 2005 Page 4 Evidence indicative of large or deep-seated landslide movement was not detected affecting the slope during any of our studies or from our review of aerial photographs. Unless some form of mitigation is implemented, it is highly likely that shallow slope failures will continue to occur within the area depicted on Figure 1 that is susceptible to creep and shallow sloughing (depicted as CR on Figure 1). The proposed development, Le., driveway, residence and rear yard retaining wails are located on the sloping portion of the site and in the area susceptible to shallow soil movement and failures. As depicted on the Geologic Cross Section X-X' (Figure 2) significant grading will be accomplished as part of the development. The grading will consist of predominately cut which would remove the unstable surface soils in the slope. Retaining walls are an integral' part of the proposed development and if adequately engineered will remove the potential for instabilities to affect the site in the future by retaining the dense older alluvial materials which compose the slope at depth below the loose surface soils. Grading for the driveway will consist of the placement of engineered fill on the relatively gently sloping to level terrace at the base of the slope in order to achieve a desired finished grade. i Based on the anticipated development, it appears that the terraced retaining walls may tend to surcharge the next wall below, We recommend where the base of the uphill retaining walls do not extend below an imaginary 2:1 horizontal to vertical line starting at the base of the lowest retaining wall, then the wall system should be considered as one sloping retaining wall having the height measured from the top of the uppermost wall to the base of the lowest retaining wall. The retaining walls should be designed in. accordance with the recommendations presented' in our update geotechnical investigation dated September 7, 2005 (Job No. 05-0090GP-02). In addition, walls subject to surcharge from upslope walls should be designed to accommodate that lateral forces from the upslope walls if the overall slope of the retaining wall group is steeper than 2:1 horizontal to vertical. Since significant cutslopes are anticipated during the construction, at the very minimum, the wall construction and graded slopes for the retaining walls should adhere to CALOSHA standards during construction. Temporary shoring may be necessary. and should be implemented where CALOSHA standards are not met. Generally, the need and type of shoring is the responsibility of the contractor and the design engineer for the project. Hallenbeck/,Allwest Associates Division of Allwest Geoscience, Inc. geotechnicai and environmental engineering 1 ^ Mr. Barre Barnes December 8, 2005 Page 5 The findings, conclusions, and recommendations presented herein reflect our assessment of subsurface conditions based on the data obtained from the test borings that were made on the site. The conclusions and recommendations are based on generally accepted geotechnical engineering principles and practices that exist in the San Francisco Bay Area at this time. No warranties are implied nor made. Liability will not be accepted for the geotechnical aspects of the project in any area where the recommendations of this report are not followed. If you have any questions. regarding this addendum letter report, please don't hesitate to contact us. Very truly yours, HAL BECK/ALLWEST C Robert G. Wilson, III, E. Engineering Geologist < , - IL.aON III No. L'G2235 L'PTIFIFD 8NEFRING, ~ W Scott M. Leck, G.E. 2067 Principal Geotechnical Engi M. ~ , NQ GEO 2Q6,7 Exp, ~9 (a.6 J'~ )"ev GP OF CALW r 4 t° -i-ILOG1ST "A A ® Mfr L`IrC: Attachments; Figure 1 - Revised--3;44~<an and Geologic Map Figure 2 - Geologic Cross Section X-X' Figure 3 - Geologic Cross Section Y-Y' Figures 4 and 5 - Test Borings Figure 6 - Area Geologic Map Figure 7 -Area Fault Map References Hallenbeck/Allwest Associates Division of Allwest Geoscience, Inc. geotechnical and environmental engineering ~r--~ „ r Fault Trace. (Shannon Fault Zone, ( Location Approximate) y v 190 PO.. L%i Site Plan and Geologic Map (revised) 26 Alpine Avenue Twos Gatos, California Fill, Man Placed Soil And Material 1 Shallow Slough • D .v Younger Alluvium Older Alluvial Fan Deposits Monterey Formation Base Of Franciscan Complex Melange',, Sheared Bedrock R Slope Contact Fault Trace Rock Outcrops - - Scarp e 0 -Edge Of Slope -Top Of Creek Bank Note: This map is a schematic illustration of observed geologic Area Susceptible To Shallow Sloughing features and should not be used a and Soil Creep for any other purpose Test Boring From Hallenbeck/Allwest Associates Drill (October 28, 2005) Top Of Test Boring From Hallenbeck & Associates Creek Bank (July 24, 1997) Geologic Cross Section 50 Foot Wide No Build/Setback Zone from Beirocal Fault Trace i j 7-5 design/Geologic.Map Revised November, 2005 LWEST ASSOCIATES Figure 1 '~1 F"' 1994 K I NOI LVA9'I9 in 0 % in ~ ` ~j `V" d M M M rn f, n 0 ~l•. o . G o rt- U CS Y 40. ~ V v p w N • .ai U ^ ° r- N G • _ v •Y 14 ID -3 t ' ~ E 7 z ¢ Q 4 oa e b 4 0 a b U ` t 7 4 i~ 4 N O era 5 • N Cl ob 0 v) ' N z - a cG 1. ( V m O N ' \II 0-1 a ' . P. 1 4 Q ti y.~ o . i W C7 • , 121HA III NOUVAU IR Q lL cd U N O 0 U 'C3 0 N O x N o ~ N O p ~ C1, aj cn 0 O 0 b W v u~ a> ~ O U ~ ~ o 5n U N r+ N p ~ O 4a z o cn N s, bA w W' Q 4 Q Cla W d.. U W W J . J N 0 a 0 O~ 0 0 t~ C t i d o~ •o V] 7 v u °J o G •d ~ o Q U N ~ O (5 N ~ .I.aa3 NJ sJOI.LVAY19 7 vw H o wm ~ _~_n ~ M V/7 81 voiZN e ~ 1 P a ~ F a qj m W' u 6 „ t=z~a Z ~ f It rn ii ~ f,; ~.N• c o vsy CI F"Zx¢ 6 y ' I~ O f •D f • , a 7 i C'S o C7 ~ LQ 0 9 a U L i [i ~ N m M I W LL 11 V N y V CID "o N C N .Y i d x N I 1\01~ ~ co w Q U O U) U co ui J Q Y U W m z w J Q C O' R x W 0 N O 7 ~ W o c f n a .D ~ C ^N. b O • N G y U R N N G ai G O o p. N ~ R 'So a~ O O ~ U M T H, ~ N C w pq v zo7 n Project No. 1 138 Geotechnical Update! 26 Alpine Ave. 8 October 2008 DISCUSSIONS, CONCLUSIONS AND RECOMMENDATIONS k 1. From a geotechnical perspective, the site is suitable for the proposed construction provided the recommendations presented in this report are incorporated into the project plans and i specifications. In addition, the applicable set backs, easements, and any other requirements set by the Town of Los Gatos and any other governmental agencies should be followed. General 2. The most prominent geotechnical features affecting the proposed development are the proximity of an active fault trace, and the site gradients. Site drainage design and maintenance will also be important to the long-term stability of the site. 3. The northeastern part of the residence and associated retaining walls may be constructed by conventional hillside construction methods typical of this type of construction. Shoring or special considerations are not. anticipated. for this section because the distance between the basement retaining walls and the tiered walls upslope will allow construction without exceeding vertical height" limits as recommended below under Vertical Excavations. For the southwestern end of the residence, the height of the basement wall and the proximity of the associated retaining walls will require special consideration for both stability during construction, and for the foundation design. 4. The residence including the basement retaining walls may be founded on a structural. mat foundation system. If the outboard edge of the mat extends onto the newer alluvium soil material, or if the residence downslope perimeter is not equipped with a level bench a minimum of 10 feet in width at foundation level, that affected portion of mat slab must be deepened or drilled friction piers may be incorporated into the outboard perimeter of the structural mat. 5.. Retaining wall construction sequence will affect the retaining wall design and construction as well as the site grading and the potential need for temporary shoring. Careful consideration should be given to the construction sequence. It is recommended that the foundation contractor be well experienced in hillside construction. 6. All fill must be placed as engineered fill in accordance with recommendations provided below. Site Clearing and Preuaration 7. It is anticipated that grading operations will consist primarily of excavation for the residence retaining walls and fill operations for the driveway area. Grading 8. Any soil placed on the slope face must either be placed as engineered fill, or must be i retained in accordance with recommendations contained in this update report. Pollak Engineering, [tic Page 8 of 31 .i Project No. 1138 Geotechnical Update/ 26 Alpine Ave. 8 October 2008 I l 9. The grading requirements presented herein are an integral part of the grading specifications presented in Appendix B of this report and should be considered as such. -10. - All grading. -and_-foundation _-plans. -for _th_e development must be reviewed by the Soil Engineer prior to contract bidding or submittal to governmental agencies so that plans are l reconciled with site conditions and sufficient time is allowed for suitable mitigative measures to t l be incorporated into the final grading specifications. I 11. Pollak Engineering, Inc. should be notified at least two working days prior to site clearing, grading, and/or foundation operations on the property. This will give the Soil Engineer l ample time to discuss the problems that may be encountered in the field and coordinate the work with the contractor. 12. Grading activities during the rainy season may be hampered by surface run off. Grading activities may be performed during the rainy season, however, measures to control potential erosion and concentrated storm water must be provided. Grading performed during the dry ` I months is recommended and will minimize the occurrence of surface run off problems. 13. Field observations during the grading operations must be provided by representatives of I Pollak Engineering, Inc., to enable them to form an opinion regarding the adequacy of the site preparation, and the extent to which the earthwork construction complies with the specification requirements. Any work related to the grading or foundation operations performed without the full knowledge and under the direct observation of the Soil Engineer will render the i recommendations of this report invalid. The degree of observation and frequency of testing services will depend on the construction methods and schedule, and the item of work. Engineered Fill 14. All All soils are to be placed in accordance with recommendations included under Grading Specifications below. 15. Engineered fill soil must be placed at a minimum relative compaction of 901/o as determined by Laboratory Test Procedure ASTM D1557-98. The upper 6 inches of any fill to receive flatwork and all fill to support structures must be placed at a minimum relative compaction of 95%. Provided it is not on a slope face, fill in landscape areas may be placed at 85% relative compaction. y 16. Any soil placed on the slope face must either be supported, or placed as engineered fill. All engineered fill slopes are to be constructed as follows, a. Buttress keyways are to be constructed into competent soil materials at the toe of all engineered fill slopes. Each key should have a minimum width of 1 %2- l equipment width, and should be cut into competent non-yielding material, and sloped into the hillside at a gradient of no less than 2%. Subsequent keyed benches should be not less than 1.5 times the grading equipment width and 3 . . J feet in vertical height. Pollak Engineering, Inc. Page 9 of 31 ,I I~I Project No. 1138 J GeotechnIcat Update/ 26 Alpine Ave. 8 October 2048 b. A sub-drain'must be incorporated into the fill slope construction. The sub- drain should be located at the back of the keyway and should consist of a perforated, 4" diameter, Schedule 40 PVC pipe encapsulated in crushed rock and geo-filter fabric. The sub-drain should discharge by means of a closed pipe conduit that may discharge on the northwest-facing slope. Sub-drain construction must be observed and approved by the Project Soil Engineer prior to the placement of any fill soil. 17. Fill slopes must be compacted as the filling operation progresses by (1) using sheepsfoot- } type rollers in conjunction with proper moisture conditioning, or (2) over-constructing the fill ` slopes and cutting back the looser surface soils to a firm and adequately compacted designed slope grade. Track walking of slope surfaces does not provide adequate soil densities and is an unacceptable method of slope compaction. 18. No unsupported fill slopes within soil material should be steeper than 2.:1 (horizontal to vertical). i 19. Slopes may experience severe erosion when grading is halted during rainy weather. Before work is stopped, a positive gradient away from the slopes and/or winterization plan must ` be established to carry the surface runoff water away from the slopes to areas where erosion and sediment can be controlled. 20. After the completion of the slope grading, erosion protection must be provided. Slope planting, preferably with deep-rooted native plants, must be completed on all exposed surfaces of cut and fill slopes. A landscape architect familiar with local slopes and native flora should be consulted regarding planting on any slopes on this property. Graded slopes should not be left exposed through a winter- season without the completion of erosion control measures and slope planting. I 21. The slope gradients are based on strength characteristics of the materials under conditions of normal moisture content that would result from rain water falling directly on the slope but not take into consideration the additional seepage forces from springs or subsurface water areas. Areas of observed seepage, as discovered during grading operations, should be provided with subsurface drains below the surface of the slope as directed by the Soil Engineer. Subsurface drainage facilities may include gravel blankets, rock-filled trenches, or horizontally drilled drains. -Driveway- Fill- Soil - - 22. It is anticipated that up to 9 feet of fill soil will be placed as part of the driveway construction, Even with careful construction practices and modern equipment, settlement should be expected over time. Typical settlement for soil compacted at 90% relative compaction may be on the order of 1-11/2%. Settlement on the order of 1/z?/4% may be expected for soil compacted to 95% relative compaction. Driveway pavement and drainage design should anticipate this degree of settlement. Pollak Engineering, Isc. Page 10 of 31 i I Project No. 1138 Geotechnicai Update/ 26 Alpine Ave. 8 October 2008 23. Prior to the placement of fill soil, all loose material must be removed from within the footprint of the driveway. and extending laterally three feet beyond the retaining wall perimeter. Removed foundation soil should be replaced at a minimum relative compaction of 95% as determined by Laboratory Test Procedure ASTM D1557-98. Foundations and Retaining Walls 24. The proposed residence including the basement retaining walls may be supported on a structural mat foundation system. The structural mat foundation must be founded. entirely on competent native material. If the outboard edge of the mat extends onto the newer alluvium soil material, or if the residence downslope perimeter is not equipped with a level bench a minimum of 10 feet in width at foundation level, that affected portion of mat slab must be deepened or drilled friction piers may be incorporated into the outboard-perimeter of the structural mat. Drilled friction piers, if used should be a minimum of 1.6 inches in diameter, and should extend a minimum of 6 feet into competent material. Final pier depths will be determined during pier drilling operations by the Soil Engineer. 25. The structural mat should have a minimum thickness of 14 inches, and should be designed based on a modulus of sub-grade reaction of 175 pci. Design bearing pressures should not exceed 2500 psf. 26. Reinforcing steel should be provided as determined by structural requirements and the project structural engineer. Reinforcement for friction piers should extend for the full depth of the piers Retaining Walls 27. Five retaining walls are proposed for this development; two, tiered walls, upslope of,the residence, the residence basement retaining walls, retaining walls adjacent to the front entry, and a retaining wall to contain fill for the proposed driveway. Each retaining wall is numbered on the site plan, Figure 3. Each wall will require different design parameters and recommendations. I 28. Due to the relatively steep site gradients, is recommended that the site retaining walls be constructed in sequence starting with the upper tiered wails. Unger Tiered Retaining Wall (Wall Na. I 29. The uppermost retaining wall (retaining wall no. 1), may be supported on either conventional spread footings or on drilled friction piers and grade beam depending on construction sequence. If wall no. I is the first wall constructed, it should be supported on drilled friction piers. If wall no. 1 is constructed after the lower tiered wall (wall no. 2), it may be founded on either drilled friction piers or on conventional spread footings. Due to the proximity of wall no. 2, use of conventional spread footings for wall no. 1 will impose a surcharge load on wall no. 2.. If spread footings are utilized for wall no. 1, surcharge loads will be provided upon request during design finalization and will depend on the final retaining wall and foundation geometry. ear Pollak Engineering, hie. Page I I of 31 t I Project No. 1138 Geotechnical Update/ 26 Alpine Ave. 8 October 2008 30. Drilled friction piers (if used) for wall no. 1 should have a minimum diameter of 16" and should be designed based on a skin friction value of 500 psf. acting between the soil and the pier below a depth of 1 foot. Drilled friction piers for wall no: 1 should extend a minimum of 12 feet into competent material. Actual pier depths will be determined in the field by the Sail Engineer during pier drilling operations. 31. The uppermost tiered retaining wall (wall no. 1) should be designed to resist lateral earth forces equivalent to those i mposed by a fluid medium weighing 65 pef. 1 . Lower Tiered Retaining Wall (Wall No. 2) 32. The lower tiered retaining wail (retaining wall no. 2) is located approximately 6 feet downslope from wall no. 1 with the most southerly 45 feet of the wall located approximately 4 feet from the residence basement retaining wall. 33. That portion of retaining wall no. 2 that is greater than 10 feet from the basement retaining wall may be supported on either conventional spread footings or on drilled. friction piers and grade beam foundation system. It should be anticipated however, that a change in foundation types from drilled pier to conventional spread footings will result in some differential movement at the foundation transition. 34. That portion of wall no. 2 located 10 feet or less from the basement retaining wall should be supported on a chilled friction pier and grade-beam foundation with tie-back anchors. 35. Drilled friction piers for portions of retaining wall no. 2, 10 feet or less from the basement retaining walls, should have a minimum diameter of 18" and should extend to a minimum depth of 16 feet. Drilled friction piers should be designed based on a skin friction value of 500 psf. acting between the soil and the pier below a depth of 10 feet. 36. Lateral forces for that portion of retaining wall no. 2, 10 feet or less from the basement retaining wall should be resisted with tie-back anchors. Tie-backs tray be of conventional design, or may utilize helical anchors. 37. Tie-back anchors must have a minimum bonded length of 15 feet and should be designed to resist lateral forces of 6500 pounds per linear foot of wall (f.s.=2). For design purposes the active wedge may be calculated based on a phi value of 281 resulting in an angle 62° from horizontal as measured from an elevation one foot below the basement excavation elevation. Tieback anchors may be designed based on a cohesion of 500 psf acting on the bonded portion of the tieback,-or if desired- helical-anchors-may be-used _ 38. A minimum of IS% of the tieback anchors must be proof tested to a minimum of 130% l of the design load and held for a minimum duration of 15 minutes. It will be the contractor's ` responsibility to provide the proof testing. The Soil Engineer must observe the proof testing operations. Pollak Engineering, Ina Page 12 of 31 Project No. 1138 Geotechnical Update/ 26 Alpine Ave. 8 October 2008 39. Drilled friction piers (if used) for that portion of wall no. 2 that is farther than 10 feet from the basement retaining wall should have a minimum diameter of 16" and should be designed based on a skin friction value of 500 psf. acting between the soil and•the pier. Drilled friction piers for wall no. 2 should extend a minimum of 12 feet into competent material. Actual .pier depths will. be determined in the field by the Soil Engineer during pier drilling operations. I I 40. Spread footings, if used, should have- a minirnum depth of 24 inches below the lowest adjacent pad grade (i.e. trenching depth) and must extend through the soil mantle. Design bearing pressures for footings on competent material should not exceed 2000 ps£. due to dead plus I I sustained live loads. These values may be increased by one third due to all loads which include' wind or seismic, To accommodate lateral loads, the passive resistance of the foundation soil can l be utilized. For spread footings for wall no. 2, the passive soil pressures can be assumed to act against the front face of the footing below a depth of one foot below the ground surface. It is recommended that a passive pressure equivalent to that of a fluid weighing 3.25 pe£ be used. For j I design purposes, an allowable friction coefficient of 0.30 can be assumed at the base of the spread footings. 41, The second tiered retaining wall (wall no. 2) should be designed to resist lateral earth forces equivalent to those imposed by a fluid medium weighing 65 pc€ If a spread footing design is utilized for retaining wall' no. 1 an additional surcharge load, must be included in retaining wall no. 2 design. The surcharge load will depend on the final design geometry and ` will be provided upon request during the project design phase. l Basement Retaining Wall (Wall No. 3} r. 42. Basement retaining walls incorporated into the residence should be designed to resist "at rest" pressures and should be designed based on a coefficient of lateral earth pressure (Ko) of 0.53. Pressures exerted during compaction of backfill and all pressures due to any surcharge loads must be considered in the design of the walls. 43. Historically, basement retaining walls have tended to perform well under seismic loading. 1 It is assumed that the walls and enclosing soil move together, thus minimizing damage. In the case of the subject residence however, the basement retaining walls range from full room height on the southeast perimeter to zero height on the northwest perimeter. The lack of symmetry ` I prevents the soil and structure from moving as a uniform body and exerts an additional seismic load to the wall. Additionally, increased lateral earth pressure's imposed on a restrained retaining wall become "locked into the soil and should not be considered as temporary loading. Because 1 of the retaining wall geometry and the proximity of the active fault trace, prudent structural design will consider seismic forces for the subject retaining walls. For design purposes, the entire lower floor and basement slab may be designed and constructed as a structure to resist lateral earth forces. 44. Lateral seismic forces on the basement retaining walls may be calculated based on the simplified Mononobe-Okabe relationship proposed by Seed and Whitman (1970) APAE - Kh yH'Fp _.r Pollak Englueerini, lite. Page 13 of 31 H Project No. 1138 Geotechnical Update/ 26 Alpine Ave. 8 October 2008 where APAE is the dynamic component, Kh is the horizontal ground acceleration divided r by/gravitational acceleration (0.77); y is the soil density (125pef); H is the height of the wall, and Fp is a coefficient based on the effective ground motion. For design purposes a value of 0.33 ` may be assumed for FP. A triangular stress distribution should be assumed for the seismic loading with the vertex at the base of the wall and the resultant 0.6H from the base of the wall. Entry Retaining Walls (Wall Into. 4 45. The entry retaining walls (retaining walls no. 4) may be supported on either conventional spread footings or on drilled friction piers and grade beam foundation system. E 46. Drilled friction piers for wall no. 4. should have a minimum diameter of 16" and should be designed based on a skin friction value of 500 psf, acting between the soil and the pier. Drilled friction piers for the entry retaining walls should extend a minimum of 8. feet into cortipetent material. Actual pier depths will be determined in the field by the Soil Engineer during pier drilling operations. 47. Spread footings, if used, should have a minimum depth of 24 inches below the lowest adjacent pad grade (i.e..trenching depth) and must extend through the soil mantle. Design,bearing pressures for footings on competent material should not exceed 2000 psf. due to dead plus sustained live loads. These values may be increased by one third due to all loads which include wind or seismic. To accommodate lateral loads, the passive resistance of the foundation soil can be utilized. For spread footings for wall no. 2, the passive soil pressures can be assumed to act against the front face of the footing below a depth of one foot below the ground surface. It is recommended that a passive pressure equivalent to that of a fluid weighing 325 pcf. be used. For design purposes, an allowable friction coefficient of 0.30 can be assumed at the base of the spread footings. I 48. The entry retaining walls (wall no. 4) should be designed based on a coefficient of lateral earth pressure (Ko) of 0.53. Pressures exerted during compaction of backfill and all pressures due to any surcharge loads must be considered in the design of the walls. Driveway Retaining Walls (Wall No. 5) ii 49. The driveway retaining walls (retaining wall no. 5) may be supported on a conventional spread footing or on a drilled friction pier and grade beam foundation system. 50. Spread footings for the driveway retaining wall. should have a minimum depth of 24 inches below-the lowest adjacent pad- grade (i.e. trenching- depth) :-Design-bear-ing pressures for footings on alluvium should not exceed 2500 psf. due to dead plus sustained live loads. These values may be increased by one third due to all loads which include wind or seismic. 51. To accommodate lateral loads, the passive resistance of the foundation soil can be utilized. For spread footings for landscape retaining walls, the passive soil pressures can be assumed to act against the front face of the footing below a depth of one foot below the ground surface. It is recommended that a passive pressure equivalent to that of a fluid weighing 325 pc£ Pollak Engineering, Inc. Page 14 of 31 r I Project No. 1138 Geotechnical Update/ 26 Alpine Ave. 8 October 2008 1 be used. For design purposes, an allowable friction coefficient of 0.30 can be assumed at the base of the spread footings. 52. Pressures exerted during compaction of backfill and all pressures due to any surcharge including vehicle loads must be considered in the_design_of the watts. Retainina Wall Sub-drains 53, The above criteria are based on fully drained conditions. It is imperative that all walls be fully drained. 54. in order to achieve fully drained conditions, a drainage filter blanket must be placed behind the wall. The blanket should be a minimum of 12 inches thick and should extend the full height of the wall to within 12 inches of the surface. If the excavated area behind' the wall ` exceeds 12 inches, the entire excavated space behind the 12-inch blanket should consist of compacted engineered fill or blanket material. The drainage blanket material should consist of granular crushed rock and drain pipe fully encapsulated in geotextile filter fabric. A 4-inch perforated drainpipe should be installed in the bottom of the drainage blanket and should be underlain by 2 inches of filter type material. A 12-inch cap of native soil should be placed over the blanket. For areas where the drainage blanket will be capped with concrete, the crushed rock may be brought to sub-grade elevation, and the concrete cast directly onto the crushed rock. To reduce the possibility of moisture intrusions into the residence and garage area, the retaining wall sub-drain should extend a minimum of 10 inches below the bottom of the slabs. 55. Piping with adequate gradient shall be provided to discharge water that collects behind the walls to an adequately controlled approved location away from the structure foundation. Slab-on-Grade Construction 56. Slab on grade construction is anticipated for the basement mat slab and for exterior flatwork. To reduce the potential cracking of the concrete slabs, the following recommendations are made: a) A minimum of 4 inches of gravel or clean crushed rock material should be placed over the finished sub-grade, between the sub-grade and the slab. The purpose of the gravel is to provide a capillary break and a cushion between the sub-'grade soil and the slab. See the "Guide Specifications for Rock Under Floor Slabs", Appendix B. In the case of the basement slab, 6" of gravel is recommended. The gravel should be allowed to freely drain to the retaining' wall sub-drain system. The use of aggregate base material is not allowed. ` b) Concrete slabs should be reinforced as determined by the project Structural Engineer. c) Any structural slabs including concrete thickness and reinforcing steel are to be designed by the project Structural Engineer. r ~ w1j Pollak Engineering, Inc. Page 15 of 31 I I Project No. 1138 Geotechnicai Update/ 26 Alpine Ave. 8 October 2008 Utility Trenches 57. Applicable safety standards require that trenches in excess of 5 feet in depth must be properly shored or that the walls of the trench slope back to provide safety for installation of lines. If trench wall sloping is performed, the inclination should vary with the soil type. The underground contractor should request an opinion from, the Soil Engineer as to the type of soil and the resulting inclination. 58. With respect to state-of-the-art construction or local requirements, utility lines are generally bedded with granular materials. These materials can convey surface or subsurface water beneath the structures. It is, therefore, recommended that all utility trenches which possess the potential to transport water be sealed with grout where the trench enters/exits the building perimeter. This impervious seal should extend a minimum of 2 feet away from the building perimeter and must be observed and approved by the Soil Engineer. 59. Utility trenches must be backfilled with native or approved import material and compacted to relative compaction of 90% in accordance with Laboratory Test Procedure ASTM D1557-98. Backfilling and compaction of these trenches must meet the requirements set forth by the Town of Los Gatos, Building and Engineering Services Department. Vertical Excavations 60. Vertical excavations may be made for constructing the retaining walls provided: a. Pollak .Engineering, Inc. is present to observe the out and evaluate its stability. b. The maximum height (vertical) of an unsupported cut does not exceed 5 feet. At a height of 5 feet, the excavation must be laid back or supported. The degree that the cut is laid back will be determined by the Soil Engineer during construction. . c. The cut is open for the least amount of time possible in order to construct the wall and emplace the backfill. d. As an alternative, temporary shoring may be provided during construction. General Construction Requirements ' 61. It is important to control surface water runoff at the site. During the grading operations, observations should be made by the Soil Engineer to provide additional recommendations as dictated by the field conditions. Water must not be allowed to collect on any portion of the site. Additionally, concentrated surface water must not be allowed to sheet flow over any slope face. 62. Liberal drainage gradients must be provided by the project Civil Engineer to remove all storm water from the vicinity of the slope and to prevent storm and/or irrigation water from seeping beneath the residence. All finished grades should be sloped at a minimum 2% gradient away from exterior foundations for a minimum distance of 3 feet. 63. Continuous roof gutters are required. Downspouts from the gutters should be provided with adequate, non-perforated pipe conduits to carry storm water away from the structures and Pollak Engineering, Inc. Page 16 of 31 n r•~ r{ Project No. 1138 graded areas and, thus, reduce the possibility of soil saturation adjacent to the foundation and engineered fills. 64. A maintenance program including regular cleaning and testing is recommended for both the new improvements -drainage_system-as well as the-existing drainage system for the residence. Failure of either system could result in the saturation and movement of surface.soil. Geotechnical Update[ 26 Alpine Ave. 8 October 2008 Pollak Engteeering,111c. 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O 0 - 3 _ . _ a) -Q ,0 -O O a) a) Q_O ° ._O 0) O d N U) il- 10 p 0 RS C p N C O N tC En ~Q O O . 0 O ~ .:F ' V ' ^ V M O co a REQUIRED CONSIDERATIONS FOR: 26 Alpine Avenue Architecture and Site Application S-04-64 Negative Declaration ND-07-147 Requesting approval to construct a new single family residence on property zoned R-1:20. No significant environmental impacts have been identified as a result of this project, and a Mitigated Negative Declaration is recommended. APN 529-37-042 PROPERTY OWNER/APPLICANT: Holiday Drive, LLC CONSIDERATIONS As required by Section 29.20.150 of the Town Code for Architecture and Site applications: The deciding body shall consider all relevant matter including, but not limited to, the following: (1) Considerations relating to traffic safety and traffic congestion. The effect 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 project or development that will add traffic to roadways and critical intersections shall be analyzed, and a determination made on the following matters: 1. The ability of critical roadways and major intersections to accommodate existing traffic; 2. Increased traffic estimated for approved developments not yet occupied; and 3. Regional traffic growth and traffic anticipated for the proposed project one (1) year after occupancy. b. The deciding body shall review the application for traffic roadway/intersection capacity and make one (1) of the following determinations: 1. The project will not impact anyroadways and/or intersections causing the roadways and/or intersections to exceed their available capacities. EXHIBIT 4 2. The project will impact a roadway(s) and/or intersection(s) causing the roadway(s) and/or intersection(s) to exceed their available ' capacities. Any project receiving Town determination subsection (1)b. I., may proceed. Any project receiving Town determination subsection (1)b.2. must be modified or denied' if the deciding body determines that the impact is unacceptable. In determining the acceptability of a traffic impact, the deciding body shall consider if the project's benefits to the community override the traffic impacts as determined by specific sections from the general plan and any applicable specific plan. (2) Considerations relating to outdoor advertising. The number, location, color, size, height, lighting and landscaping of outdoor advertising signs and structures in relation to the creation of traffic hazards and the appearance and harmony with adjacent development. Specialized lighting and sign systems may be used to distinguish special areas or neighborhoods such as the downtown area and Los Gatos Boulevard. (3) Considerations relating to landscaping. The location, height, and materials of walls, fences, hedges and screen plantings to insure harmony with adjacent development or to conceal 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. i' (6) Considerations relating to the exterior architectural design of buildings and structures. The effect of the height, width, shape and exterior construction and design of buildings and structures as such factors relate to the existing and future character of the neighborhood and purposes of the zone in which they are situated, and the purposes of architecture and site approval. Consistency and compatibility shall be encouraged in scale, massing, materials, color, texture, reflectivity, openings and other details. (7) Considerations relating to lighting and street furniture. Streets, walkways, and building lighting should be designed so as to strengthen and reinforce the image of the Town. Street furniture and equipment, such as lamp standards, traffic signals, fire hydrants, street signs, telephones, mail boxes, refuse receptacles, bus shelters, drinking fountains, planters, kiosks, flag poles and other elements of the street environment should be designated and selected so as to strengthen and reinforce the Town image. (8) Considerations relating to access for physically disabled persons. The adequacy of the site development plan for providing accessibility and adaptability for physically disabled persons. Any improvements to a nonresidential building where the total valuation of alterations, structural repairs or additions exceeds a threshold value established by resolution of the Town Council, shall require the building to be modified to meet the accessibility requirements of title 24 of the California Administrative Code adaptability and accessibility. In addition to retail, personal services and health care services are not allowable uses on non-accessible floors in new nonresidential buildings. Any change of use to retail, health care, or personal service on a non-accessible floor in a nonresidential building shall require that floor to be accessible to physically disabled persons pursuant to the accessibility requirements of title 24 of the California Administrative Code and shall not qualify the building for unreasonable hardship exemption from meeting any of those requirements. This provision does not effect lawful uses in existence prior to the enactment of this chapter. All new residential developments shall comply with the Town's adaptability and accessibility requirements for physically disabled persons established by resolution. (9) Considerations relating to the location ofa hazardous waste managementfacility. A hazardous waste facility shall not be located closer than five hundred (500) feet to any residentially zoned or used property or any property_ then being used as a public or private school primarily educating persons under the age of eighteen (18). An application for such a facility will require an environmental impact report, which may be focused through the initial study process. N:\DEV\FINDINGS\alpine26. doe 1 1 CONDITIONS OF APPROVAL Planning Commission meeting of May 27, 2009 26 Alpine Avenue Architecture and Site Application S-04-64 Negative Declaration ND-07-147 Requesting approval to construct a new single family residence on property zoned R-1:20. No significant environmental impacts have been identified as a result of this project, and a Mitigated Negative Declaration is recommended. APN 529-37-042 PROPERTY OWNER/APPLICANT: Holiday Drive, LLC 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. Any changes or modifications made to the approved plans shall be approved by the Director of Community Development, the Development Review Committee, or the Planning Commission, depending on the scope of the change(s). 2. EXPIRATION: Zoning approval will expire two years from the approval date pursuant to Section 29.20.320 of the Town Code, unless the approval has been vested.. 3. TREE REMOVAL PERMIT. A Tree Removal Permit shall be obtained prior to the issuance of a Building, Grading or Encroachment Permit. 4. *ARBORIST REQUIREMENTS. The developer shall implement, at their cost, all recommendations made by the Town's Consulting Arborist identified in the Arborist's report, dated June 16, 2006, on file in the Community Development Department. A Compliance Memorandum shall be prepared and submitted with the building permit application detailing how the recommendations have or will be addressed. These recommendations must be incorporated in the building permit plans, and completed prior to issuance of a building permit where applicable. 5. *SCREEN TREES. Trees shall be planted west of the proposed motor courtyard to help screen views of the proposed home and retaining wall associated with the courtyard from Jackson Avenue and homes to the north and northwest. Additional landscape screening (either shrubs or trees) shall be planted as necessary along the northern project boundary to screen views of the home from the adjacent home to the north. b. TREE-PROTECTION MEASURES_ Prior to issuance of a build-in g permit--the Town's Consulting Arborist shall review the building permit plans, at the developer's cost, to ensure all of the required tree protection measures and required mitigation trees have been implemented in the construction plans. The Town's Consulting Arborist shall also provide on-site consultation during construction, at the developer's expense. 7. GENERAL. All existing trees shown to remain on the plan and newly planted trees are specific subjects of approval of this plan and must remain on site. EXHIBIT 5 8. NEW TREES. The new mitigation trees to be planted shall be double-staked, using rubber tree ties and shall be planted prior to occupancy. 9. PROTECTIVE FENCING. Prior to any construction or building permits being issued, the applicant shall meet with the Town's Consulting Arborist concerning the need for protective fencing around the existing trees. Such fencing is to be installed. prior to, and be maintained during, construction. The fencing shall be a four foot 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. 10. *NESTING BIRDS 1. If land clearing, grading, tree and brush removal, tree trimming or demolition activities are to occur during the nesting season (i.e., between February 1 and August 15), a pre-construction survey for nesting migratory birds shall be conducted by a qualified biologist from one to four weeks prior to the initiation of work. If no nesting birds are observed, work may proceed. If work is delayed more than four weeks from the date of the survey, and it is still within the nesting season, the pre-construction survey shall be repeated. 11. *NESTING BIRDS 2. If occupied active nests of a migratory bird species are identified, a suitable buffer shall be established around the nest tree. Work within the buffer zone shall be prohibited until August 15th or until the young have fledged, as determined by the project biologist. The dimensions of each buffer zone shall be determined by the biologist in consultation with the CDFG. Buffer zones vary depending on the species and site topography, with passerines typically requiring 75 to 100 feet and raptors 200 to 500 feet. 12. IRRIGATION. All newly planted material shall be irrigated by an in-ground system. Special care shall be taken to avoid irrigation which will endanger existing native trees and vegetation. 13. *ARCHAELOGICAL. In the event archaeological traces are encountered, all construction within a 50 meter radius of the find shall be halted, the Director of Community Development shall be notified and an archaeologist shall be retained to examine the find and make appropriate recommendations. 14. *NATIVE AMERICAN REMAINS. If human remains are discovered, the Santa Clara County Coroner shall immediately be notified. The Coroner will determine whether or not the remains were Native American. If the Coroner determines that the remains are not subject to his or her authority, the Coroner shall notify the Native American Heritage Commission, who would attempt to identify descendants of the deceased Native American. 15. *ARCHAEOLOGICAL FIND. If the Director of Community Development finds that the archaeological find is not a significant resource, work will resume only after .the -submittal of -a..preliminary_.archaeological_report ...and. after provision for reburial and ongoing monitoring are accepted. Provisions for identifying descendants of a deceased Native American and for reburial will follow the protocol set forth in Section 15064.5 of the CEQA Guidelines. If the site is found to be a significant archaeological site, a mitigation program must be prepared and submitted to the Director of Community Development for consideration and approval, in conformance with the protocol set forth in Public Resources Code Section 21083.2. J 16. *FINAL ARCHAEOLOGICAL REPORT. A final report shall be prepared at the applicant's cost when a find is determined to be a significant archaeological site and/or when Native American remains are found on the site. The final report shall include background information on the completed work, a description and list of identified resources, the disposition and curation of these resources, any testing, other recovered information, and conclusions. 17. 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. 18. ENERGY EFFICIENCY. Energy efficiency measures shall be incorporated into the proposed residence to the maximum extent feasible. These measures shall be identified prior to the issuance of a building permit. 19. 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. 20. STORY POLES. The story poles on the project site shall be removed within 30 days of approval of the Architecture & Site application 21. 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 Planning Division prior to installation. 22. ROCK WALL/PILLARS. The wall and two rock pillars along Alpine Avenue shall be protected during construction and shall remain. (Building Division) 23. PERMITS REQUIRED: A building permit shall be required for the construction of the new single family residence and detached. Separate permits are required for electrical, mechanical, and plumbing work as necessary. 24. Projects will be required to 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. 25. 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. 26. SIZE OF PLANS: For sets of construction plans, maximum size 24" x 36." 27. 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. 28. SHORING: Shoring plans and calculations will be required for all excavations which exceed four (4) feet in depth or which remove lateral support from any existing building, adjacent property or the public right-of-way. Shoring plans and _calculations shall be prepared by a California licensed engineer and shall_ conform to Cal/OSHA regulations. 29. FOUNDATION INSPECTIONS: A pad certificate prepared by a licensed civil engineer or land surveyor shall be submitted to the project building inspector at foundation inspection. This certificate shall certify compliance with the recommendations as specified in the soils report; and, the building pad elevation, on-site retaining wall locations and elevations are prepared according to approved plans. Horizontal and vertical controls shall be set and certified by a licensed surveyor or registered civil engineer for the following items: a. Building pad elevation b. Finish floor elevation c. Foundation corner locations d. Retaining Walls 30. 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 1-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. 31. TITLE 24 ENERGY COMPLIANCE: California Title 24 Energy Compliance forms CF-1R, MF-1R, and WS-5R must be blue-lined on the plans. 32. 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. 33. T-O-WN FIREPLACE-STANDARDS: New woodburning fireplaces-shall-be an EPA Phase II approved appliance as per Town Ordinance 1905. Tree limbs shall be cut within 10-feet of chimneys. 34. HAZARDOUS FIRE ZONE: The project requires a Class A assembly. 35. WILDLAND-URBAN INTERFACE: This project is located in a Wildlife Urban Interface Fire Area and must comply with Chapter 7A of the 2007 California Building Code. c 36. PROVIDE DEFENSIBLE SPACE/FIRE BREAK LANDSCAPING PLAN prepared by a California licensed architect in conformance with California Public Resources Code 4291 and California Government Code Section 51182. 37. PRIOR TO FINAL INSPECTION, provide a letter from a California registered architect certifying the landscaping and vegetation clearance requirements have been completed per the California Public Resources Code 4291 and Government Code Section 51182. 38. 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 online at www.losgatosca.gov/buildin2 39. NONPOINT SOURCE POLLUTION STANDARDS SHEET: The Town standard Santa Clara County Valley Nonpoint Source Pollution Control Program Sheet (or Clean Bay Sheet 24x36) 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 for a fee. 40. PLANS: The construction plans shall be prepared under the direct supervision of a licensed architect or engineer. (Business and Professionals Code Section 5538) 41. APPROVALS REQUIRED: The project requires the following departments and agencies approval before issuing a building permit: a. Community Development - Planning Division: Sandy Baily at 354-6873 ( b. Engineering/Parks & Public Works Department: Fletcher Parsons at 395- 3460 c. Santa Clara County Fire Department: (408) 378-4010 d. West Valley Sanitation District: (408) 378-2407 e. Local School District: The Town will forward the paperwork to the appropriate school district(s) for processing. A copy of the paid receipt is required prior to permit issuance. TO THE SATISFACTION OF THE DIRECTOR OF PARKS AND PUBLIC WORKS: (Engineering Division) 42. *GEOTECHNICAL. In order to minimize the potential impacts resulting from local and regional seismic activity as well as soil engineering constraints, the project design shall incorporate all applicable recommendations in the Hallenbeck/Allwest -Associates -geotechnical- update- (dated October 8, -2008.)- for -the proposed. project (included as Attachment 2 of the Initial Study). 43. *GEOTECHNICAL ENGINEER. During construction, the project geotechnical engineer shall observe the excavation for the site grading, drilling and construction of drilled piers (to determine if the subsurface conditions are similar to those assumed in the above geotechnical recommendations), and drainage improvements. 44. *RIP RAP/DRAINAGE. If rip rap or any drainage improvements are extended to the top of bank, the USACE and CDFG should be consulted to determine their jurisdiction over these improvements. In the event that federal and/or state agency jurisdiction applies to drainage modifications required by the Town, the project applicant would need to obtain the appropriate permits as determined by the CDFG and USACE. 45. ROCK WALL/PILLARS. Protective fencing, subject to Town review and approval, shall be provided -to protect the historic stone wall and driveway entry pillars from damage during construction. 46. SANITARY SEWER. The sanitary sewer shall be connected to existing facilities on Alpine Avenue. 47. JACKSON AVENUE. Street improvements shall be made to Jackson Avenue along the project frontage. The specific scope of improvements shall be determined by the Town Engineer prior to issuance of a Building Permit, and the improvements shall be completed prior to issuance of a Certificate of Occupancy. 48. SHORING PLAN. All excavations shall conform to OSHA standards. A shoring plan shall be submitted and approved prior to issuance of any permit. 49. 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. 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. 50. TREE REMOVAL. Copies of all necessary tree removal permits shall be provided prior to issuance of a grading permit. 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. SOILS ENGINEER CONSTRUCTION OBSERVATION. During construction, all excavations and grading shall be inspected by the applicant's soils engineer prior to placement of concrete and/or backfill so they can verify that the actual conditions are as anticipated in the design-level geotechnical report, and recommend appropriate changes in the recommendations contained in the report, if necessary. The results of the construction observation and testing should be documented in an "as-built" -letter/.report prepared by the applicants' soils. engineer- and submitted to the Town before final release of any occupancy permit is granted. 53. PAD CERTIFICATION. A letter from a licensed land surveyor shall be provided stating that the building foundation was constructed in accordance with the approved plans shall be provided subsequent to foundation construction and prior to construction on the structure. The pad certification shall address both vertical and horizontal foundation placement. 54. 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. 55. 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. 56. 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, and 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. 57. 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. 58. TRAFFIC IMPACT MITIGATION FEE. The developer shall pay a proportional the project's share of transportation improvements needed to serve cumulative development within the Town of Los Gatos. The fee amount will be based upon the Town Council resolution in effect at the time the building permit is issued. The fee shall be paid before issuance of a building permit. The traffic impact mitigation fee for this project using the current fee schedule is $5,742. The final fee shall be calculated form the final plans using the rate schedule in effect at the time the building permit is issued. 59. GENERAL. All public improvements shall be made according to the latest adopted Town Standard Drawings and the Town Standard 'Specifications. All work shall conform to the applicable Town ordinances. The adjacent public right-of-way shall be kept clear of all job related dirt and debris at the end of the day. Dirt and debris shall not be washed into storm drainage facilities. The storing of goods and materials on the sidewalk and/or the-street will not be-allowed-unless a -special-permit _is issued. The developer's representative in charge shall be at the job site during all working hours. Failure to maintain the public right-of-way according to this condition may result in the Town performing the required maintenance at the developer's expense. 60. 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. 61. 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. 62. 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. 63. CREEK PROTECTION. Plywood debris fences shall be constructed at the downhill grading limit to prevent rocks/soil from migrating into riparian areas. 64. DUST CONTROL. Blowing dust shall be reduced by timing construction activities so that paving and building construction begin as soon as possible after completion of grading, and by landscaping disturbed soils as soon as possible. Further, water trucks shall be present and in use at the construction site. All portions of the site subject to blowing dust shall be watered as often as deemed necessary by the Town, or a minimum of three times daily, or apply (non-toxic) soil stabilizers on all unpaved access roads, parking areas, and staging areas at construction sites in order to insure proper control of blowing dust for the duration of the project. Watering on public streets shall not occur. Streets will be cleaned by street sweepers or by hand as often as deemed necessary by the Town Engineer, or at least once a day. Watering associated with on-site construction activity shall take place between the hours of 8 a.m. and 5 p.m. and shall include at least one late-afternoon watering to minimize the effects of blowing dust. All public streets soiled or littered due to this construction activity shall be cleaned and swept on a daily basis during the workweek to the satisfaction of the Town. Demolition or earthwork activities shall be halted when wind speeds (instantaneous gusts) exceed 25 MPH. All trucks hauling soil, sand, or other loose-debris-shall-be-covered: - 65. CONSTRUCTION MANAGEMENT PLAN. The Applicant shall submit a construction management plan that shall incorporate at a minimum the Earth Movement Plan, Traffic Control Plan, construction staging area, and construction trailer. 66. 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). 67. SITE DRAINAGE. Rainwater leaders shall be discharged to splash blocks unless otherwise specifically stated on plans. No through curb drains will be allowed. 68. NPDES. On-site drainage systems shall include a filtration device such as a bio- swale or permeable pavement to the satisfaction of the Town Engineer. 69. 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. 70. 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. 71. 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. 72. 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. 73. 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. 74. PRECONSTRUCTION PAVEMENT SURVEY Prior to issuance of a Grading Permit, the project Applicant shall complete a pavement condition survey documenting the extent of existing pavement defects using a 35-mm or digital video camera. The - survey shall -extend -alongAlpine_Road-:from the--project's- southern boundary along the public frontage to the intersection with Los Gatos Boulevard/E. Main Street. The results shall be documented in a report and submitted to the Town for review. 75. POSTCONSTRUCTION PAVEMENT SURVEY. The project Applicant will complete a pavement condition survey to determine whether road damage occurred as a result of project construction. Rehabilitation improvements required to restore the pavement to pre-construction condition shall be determined. 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 final occupancy. 76. DRIVEWAY APPROACH. The developer shall install one Town standard residential driveway approach. The new driveway approach shall be constructed per Town Standard Details. 77. 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. 78. 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. 79. 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. 80. 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. 81, HAULING.-OF SOIL:- -Hauling of soil- on- -or -off--site shall- -not occur during the morning or evening peak periods (between 7:00 a.m. and 9:00 a.m. and between 4:00 p.m. and 6:00 p.m.). Prior to the issuance of a building permit, the developer shall work with the Town Building and Engineering Department Engineering Inspectors to devise a traffic control plan to ensure safe and efficient traffic flow under periods when soil is hauled on or off the project site. This may include, but is not limited to provisions for the developer/owner to place construction notification signs noting the dates and time of construction and hauling activities, or providing additional traffic - control. Cover all trucks hauling soil, sand, and other loose debris or require all trucks to maintain at least two feet of freeboard. TO THE SATISFACTION OF SANTA CLARA COUNTY FIRE 82. FIRE SPRINKLER. The building shall be protected throughout by an approved, automatic fire sprinkler system, hydraulically designed per National Fire Protection Association (NFPA) Standard #13D. A State of California licensed fire protection contractor shall submit plans, calculations, a completed permit application and appropriate fees to this department for review and approval prior to beginning work. 83. PREMISE IDENTIFICATION. Approved numbers or addresses shall be placed on all new buildings in such a position to be plainly visible and legible from the street or road fronting the property. Numbers shall contrast with their background. *Required as a Mitigation Measure N:\DEV\CONDITNS\2009\alpine26. doc . , MAY - 4 2009 OF LOS EXHIBIT 6 N:\DEV\SUZANNE\M[SC\ProjectDataSlieets\SFRdata-R 1-20.wpd Single Family GreenPoint Checklist date: ---4 0( ' The GreenPoint Chechfisl Is based oil the various groan featuresfrtcoMorated Into the home and Is the basis for the GreenPoint Rated program. A home can be considered green It It fulidls the prerequh; Ms, earns at feast 50 pofnts, and meets the Infidmum prints per category: Energy (30), Indoor Air Gualhyl "No (6), Resomes (6), and War (9). Please contact Budd It Green for a Iist of qual led GreenPoint Raters If you are interested in puwuhag thbd•pany verification. The green WNW pracBces bted below are described In the New Home Construclion Green SuEng Guidelines, avadWMe at mwbuMareen.ara Build It Green Smart Solutions Ram fie 61amd up ....~i.44. t H:_:=:=:;~=_,-:.:~;c_:_:Asa::c~::_;t~:rra~:,:::::::_..:•: •:.,::a:::_:;a~ _ - •::..;:::Pn~g'.t Yy27 QPe/: eQeySe` i~' f.ApptyOpttmalValrreEvrgfnParing , = . Pl ❑ R ft r I d St d a ace a ers an s a 24• nc 10n Carder Rawkq u 0 { 1 b. Ske Door and Wndoa Headers for Load a Use0*J.*andCdppieSM&R.OWforLoad L Use Engineered Lumber B d H d eams an a ea ers h t b h dE - 11 I au a e ❑ . ngsueredHeaders ❑ W d khf t W b o { - 4 } oa . . c: s s or a Trusses formars ❑ -d: Womt WoLsls NrRaof RaRecs - -W7 ❑ e.Eitgineer~affngeakfnladSWdsfwVerdcalAppticafions ~ ~ L Oriened Str d f d B SdbR 6 - - _-r 1 ( an oar or oor , _ & Oriented Strand Board for Wall and Roof SheatMng 3. Use M-Carl9fed Weed - - Di f ❑ l L b a mens ana um er, Studs and Mrnh r: Mlntn m M. b Db WW L b ❑ . nen er. SWSardTnnber:MWmwn70% um 0 - Y ❑ c. Panel Products: Mbmumrm Ae% - °------i._ ❑ d.ftMFmducts:Minimum 7o% 0 i ~ ( 02007 Build It Green Sfngle Famtfy GreenPoint Checkltst 2007 Version a q r MAY _ 4 2009 TOWN OF LOS Gf Page I of 4 MIBIT 7 AOIN I. Use Recycled-Content (too Vlrgln Plastic) orFMCarillled Woad Decking 0 _ 2 ❑ 2.Install a Rain Scroan Wall System e t 2 1 Use Durable and NoncombustibIs Siding Matedals 1 _ 4. Select Durable and Noncombustible floating Materials 2 F .1NSI7~ ATIO r:.._...r:...;..-..:... . - • • r t. Install lostdaUon with 76% Recycled Content TotalPOlnts AvallahtoInExterior Finish =7 - _ 0 t,:P,P~$:A.~ b.P.:eE ' ea su~e:, ❑ a. 'Nab andkr More ❑ b.Ceiangs 2. Install Insulallon that Is Low-Eadliing (CerOlled Section 013801 0 - - - - l 1 - a. Wails andlor Flaars ❑ S. Inspect Quality of Insufatlon Installation before APpiying Drywall!-- -----T ` - - 0 1 . f-- ® 2007 Build It Green Single Family GfeenPaiat Checklist 2007 Version Page 2 of 4 r•.,::Pi~tsAVaifahlB:Retaeaspre°ii`., 1. Use Envhonmentagy Preferable Flowing: A) FOGCaniOed Wood, 8) Recfalmed wr Reflnlshed, C) Rapidly Renewable, D) Recycled•Cantent, E) Exposed Concrete. FloorddgAdhesdves Most Have <60 gp7 VOCs. ❑ aliImum15%ofFIwArea D ❑ b.MinimurttMofFlow Area ❑ e 8>Y~xan50%ofFfoorArea - - I -t f i . A. Wrilimm76%of SM Area 1 ❑ iTbermalMasoRwors:Floor Covey ~g0lherthanCarpet ork60%orfloreotConembeFloors p ' 1 t ' ❑ 3.FPooring Meets 9ectiwo 01350 or CAI Breen Label Plus Requirements (6056 Minimum) 02007 Build It Green Single Family GteenPolnt Checklist 2007 Version Page 3 of 4 ENT ERPROJECTNAM: s ❑ _eftdesuW hwe,aideatecpoEft .lahhrrotmmstrertaFproPllSteW goriesb_taright a a.-.' --d--- -R - 0--- 0-...-- Built It Green Checkl ists an d 4, Innovation: List innovative measures that meat the green building objectives of the Guidelines. Enter up to a Guidelines maximum combined total of 20 ts. See Innovation Checklist far su Bested measures, using the link to the right. 'IlrmavationMCammunlry':EnMrdesGdptionhere, andenter points available krmeasureM'appmpdategtagoriostoiharght. 0 - -U _ r .0 ❑ Imovatiohin fnergp:lNertlesap0onhaeand enlerpaMts'aveUablefor measure Mappmpriatocategodeato the right. Q 0 w. a . `ImvagonMlAUli{eaNk£rdridesc Van hereardenter P,ahtsavelableformeasminappmPrialecalegaiestotredhl _ 0 Cl. 0 0 O 0 ❑ ~'Innow6ohInMour s&EnterdesapGanhere,amleMOrponteava~b)etormeasura(rtapproprtatecategodesblherighi~. _:InnovnVan:InWate{:EnlerdesaVlanheteaMeNerpoM3savaBablefor.meaawelrta~P!uPdetecalegodas_IQMIerAM -0 - 0 0 q q p Thiel AvallablePoints (a Other=4 0 Total Available Points in Specific Categories' 4+ 96+ 42+ 66+ 43+ Minimum Points Required In Specific Categories 0 30 5 0 9 1 1 r 1 I 1 Project has not yet met the fallowing recommended minimum requirements. - Tots( Project Score of At Least 50 Points 1 r° 0 2007 Build It Green Single Family GreettPalnt Checklist 2007 Version Page 4 014 ARCHITECTURE PLANNING URBAN DESIGN RECEIVED AUG 3 1 2006 August 28, 2006 TOWN OF LOS GATOS PLANNING DIVISION Ms. Sandy Baily Community Development Department Town of Los Gatos 110 E. Main Street P.O. Box 949 Los Gatos, CA 95031 RE: 26 Alpine Avenue Dear Sandy: I reviewed the drawings, and visited the site twice. The addition of the story poles was a big help in understanding the location and scale of the house in the context of the neighborhood. My review is focused on the architectural design of the structure and its appropriateness in the context of the neighborhood. While making a few recommendations to reduce the visual mass and scale of the house, I have not addressed the larger question of the overall mass and house size in relationship to the lot. That issue will be up to staff and the Planning Commission to address. My comments and recommenda- tions are as follows: Neighborhood Context The site is an unusual one with steep slopes and the sharing of a common entry drive with an existing home located above the proposed house. The site is heavily wooded as shown in the photos below. The neighborhood's Alpine Avenue frontage in this area is largely devoted to landscaping with few homes having a significant relationship to the street. Although screened by existing tree cover on the site, there are some filtered views of the site from Jackson Avenue below and some homes fronting on Jackson Av- enue. Views to and from the site are shown in the photos below. TEL: 415.331,3795 FAX: 415.331.3797 180 HARBOR DRIVE. SUITE 219. EXHIBIT 8 view to site trom Alpine Avenue view to existing development below site on Alpine Avenue 26 Alpine Avenue Design Review Comments August 28, 2006 Page 2 Avenue Issues and Concerns 1. While the front of the house will be easily visible from Alpine Avenue, most of the rest of the house will probably be screened from street views by the trees. However, the trees screening the views are not large, and there may be some properties fronting on Jackson Street impacted by the house. 2. Similarly, the one story height on the uphill side of the house will likely have only a minimal impact on the existing house above it. However, the two story height on the downhill side of the site and the substantial retaining wall at the auto court in front of the garages could have a significant impact on the house immediately adjacent and fronting on Jackson Avenue. That impact is difficult to judge, but might be cause for some reduction in building mass oriented in that direction. For the purposes of this review, however, I have concentrated on steps to improve the design as proposed. 3. While most of the house seems well designed, with a strongly traditional architectural character, the treatment of the curved stair wall seems very much out of keeping with the design of the rest of the house. And, the resolution of roof forms in that area is awkward. Treatment of stair seems inconsistent with the traditional architectural style Awkward roof transition CANNON DESIGN GROUP 180 HARBOR DRIVE. SUITE 219. SAUSALITO. CA94965 View of site and existing house above 26 Alpine Avenue Design Review Comments August 28, 2006 Page 3 I would also be concerned about the extent and treatment of the windows in this stair area. Their design might not lend them to the addition of window coverings which would probably be desirable to keep this glassy area from becoming a bit of a glare annoyance to residents living below the parcel, unless it can be conclusively shown that the site landscaping will adequately buffer the light spill. Recommendations 1. Add some significant landscaping at the shared access drive edge at the front entry to visually soften that area since it is so close to the shared access drive. 2. Provide landscaping to soften the tall concrete retaining wall at the auto court and/or face the wall with stone. L y y~~l \e c 3. Redesign the stair element to better match the traditional architectural style. The illustration below shows a repeat of the form and roof used for the Kitchen bay window to the left, along with deep recessed windows and the use of divided pane windows to relate these windows to those use to the right and on the french doors at the Family Room. Finding some means to clean up the roof forms in this area would also be desirable. 4. Consider using more divided pane windows on the house, especially on the. two story right side elevation _ to give more visual unity to the design, and to minimize the potential sense of privacy intrusion on residents below the site. 5. Recess the garage doors as much as possible. CANNON DESIGN GROUP 180 HARBOR DRIVE. SUITE 219. SAUSALITO. CA94965 26 Alpine Avenue Design. Review Comments August 28, 2006 Page 4 Currently Proposed Right Side Elevation Consider using more divided pane windows similar to those to the right Organize windows in a more traditional manner and use curved turret roof similar in character to the bay window roof to the left Recess garage doors as much as possible Right Side Elevation Recommendations Recess windows and use divided panes similar to windows at right and french doors at Family Room Sandy, please let me know if you have any questions, or if there are specific issues of concern that I did not address. Sincerely, CANNON DESIGN GROUP Larry L. Cannon AI IA AICP President Eliminate gable in favor of a hio roof CANNON DESIGN GROUP 180 HARBOR DRIVE, SUM 219. SAUSALITO. CA94965 .fib. ARBOR RESOURCES - Professional Arboricultural Consulting & Tree Care A TREE INVENTORY AND REVIEW OF THE PROPOSED NEW RESIDENCE AT 26 ALPINE AVENUE LOS GATOS, CALIFORNIA PROPERTY OWNER/APPLICANT: Holiday Drive LLC APN: 529-37-042 ARCHITECTURE & SITE APPLICATION S-04-064 Submitted to: Suzanne Davis Community Development Department Town of Los Gatos 110 East Main Street Los Gatos, CA 95031 Prepared by: David L. Babby, RCA ASCA Registered Consulting Arborist #399 ISA Certified Arborist #WE-4001A June 16, 2006 P.U. Box 25295, San Mateo, California 94402 • Email: arborresources@comcast.net Phone: 650.654.3351 • Fax: 650.240,0777 • Licensed Contractor #796763 EXHIBIT 9 David L. Babby, Registered Consulting Arborist June 16, 2006 TABLE OF CONTENTS SECTION TITLE PAGE 1.0 INTRODUCTION 1 1.1 Assignment 1.2 Site Description 1 2.0 TREE COUNT AND COMPOSITION 2 3.0 SUITABILITY FOR TREE PRESERVATION 3 4.0 PROJECT REVIEW 3 5.0 RECOMMENDATIONS ...................................................5 5.1 Design Guidelines 5.2 Protection Measures Before and During Development 7 EXHIBITS EXHIBIT TITLE A TREE INVENTORY TABLE B SITE MAP i David L. Babby, Registered Consulting Arborist June 16, 2006 1.0 INTRODUCTION 1.1 Assignment I have been asked by the Town of Los Gatos Community Development Department to review the potential tree impacts associated with the proposed new residence at 26 Alpine Avenue, Los Gatos (project titled "Barnes Residence"). This report presents my review and recommendations. Trees inventoried for this report include those defined as being "Protected Trees" I and located in proximity to the proposed development components, to include trees situated on the subject site, as well as trees overhanging the subject site from neighboring properties. Plans reviewed for this report include [1] a Grading and Drainage Plan, dated 10105, by Westfall Engineers, Inc. and [2] Sheets Al thru A6, dated 6/15/04, by Williams Residential Design. The trees' approximate locations and numbers are presented on Exhibit B, which is an attached copy of the Grading and Drainage Plan (G&D Plan). Note that numbered tags have not yet been attached to the trees' trunks due to site constraints but can be upon greater access being made available. 1.2 Site Description The subject site is an undeveloped lot on fairly steep terrain that slopes uphill from Jackson Street to Alpine Avenue. Access along the Alpine Avenue side originates from an existing driveway leading to the northern neighboring residence. Access from Jackson Street originates from the road and requires crossing an intermittent creek that runs immediately along the west side of the roadway. The ground throughout the site is blanketed with a thick and deep layer of ivy that covers the lower trunks of most all trees. Consequently, I was unable to fully assess the trees' conditions at this time. For a more complete assessment, all ivy within at least two feet from the trees' trunks should be manually removed. The site contains a relatively significant amount of large and small trees that form nearly a continuous canopy over much of the property. The population is dominated with native specimens, primarily oaks, bays and buckeyes. Large non-native species scattered throughout include three Blue gum eucalyptus and one Monterey pine. 1 Per Section 29.10.0960 of the Town's Ordinance, a "Protected Tree" has a trunk diameter of four inches and greater measured at three feet above grade. An exception to this, as set forth in Section 29.10.0970, involves a fruit or nut tree with a trunk diameter of less than 18 inches. Holiday Drive LLC Property, 26 Alpine Avenue, Los Gatos Page 1 of 9 Town of Los Gatos Community Development Department David L, Babby, Registered Consulting Arborist June 16, 2006 2.0 TREE COUNT AND COMPOSITION There are 59 trees of 10 various species inventoried for this report. The table presented below identifies the name, number and percentage of-each. tip `t-.~_y-s,r I Gs giglt {IRRl Y r~ Ar x~ t, t{ P0gLl:i¢(,'~ t tf$, Tg~~ , t k i YY s};it~i~ f,1~5. {"i I ~f3 St1 ){ii. € S f9ri~~+'~, t 3 `tF t{3. C£ yi~'',~ ~ 9~ Es, I #S?tvF / i5 Y Wt.-3 O PEREE T r a i #~NA~ItE f t ~ ' t REE=N'UM13ER yS C;OUNT ~tQ~AL' t~F ~ { .i.:} n =r . rt G , ~ F ~ ~ r_,.u Blue Elderberry 37 1 2% Blue Gum Eucalyptus 43, 47, 58 3 5% Coast Live Oak 7, 8, 13, 16, 18-23, 27-29, 33, 27 46% 34, 38-41, 44-46, 52, 53, 55-57 California Buckeye 1, 4, 5, 9, 32 5 8% California Bay Tree 3, 12, 14, 25, 26, 30, 31, 35, 11 19% 36, 42, 48 English Walnut 2 1 2% Fan Palm 51,59 2 3% Monterey Pine 54 1 2% Valley Oak 10, 11, 15, 17, 24 5 8% Wattle 6, 49, 50 3 5% Total 59 100% The trees are sequentially numbered from 1 thru 59 and specific information regarding each is presented in Exhibit A (Tree Inventory Table). Of these, the trunks of #15-17, 55 and 59 are situated on neighboring properties and are included as their root zones and/or canopies are vulnerable to potential damage during development. Nineteen trees are not shown on the project plans and include #1, 9, 16, 23, 26, 27, 29-32, 34-36, 38, 40-42, 49 and 50. Their approximate locations are presented on the attached map but should not be construed as being surveyed. Holiday Drive LLC Property, 26Alpine Avenue, Los Gatos Page 2 of 9 Town of Los Gatos Community Development Department David L. Babby, Registered Consulting Arborist June 16, 2006 3.0 SUITABILITY FOR TREE PRESERVATION Each tree has been assigned a `high,' `moderate' or `low' suitability for preservation rating based on its physiological health, structural integrity, location, size and specie type. These ratings and applicable tree numbers are presented below. Note that the `good' category comprises 15 trees (or 26-percent), the `moderate' category comprises 25 trees (or 42- percent), and the `low' category comprises 19 trees (or 32-percent). High: Applies to trees #10, 17-20, 24, 29, 38-41, 45, 46, 55 and 59. They are characterized as having the likely potential of providing long-term contribution to the site, appearing in good health, and having seemingly stable structures. They are typically the most suitable for retention and protection. Moderate: Applies to trees #1-5, 7-9, 11-16, 23, 28, 32, 34, 44, 47, 51-53, 57 and 58. They generally contribute to the site, but not at seemingly significant levels, and/or appear in only fair health and/or structural condition. These trees are typically worthy of protection, however, not at the expense of major design revisions. Generally, their longevity and contribution is less than those of high suitability, and more frequent care is typically needed during their remaining life span to minimize their risk. Low: Applies to trees #6, 21, 22, 25-27, 30, 31, 33, 35-37, 42, 43, 48-50, 54 and 56. They provide minor contribution to the property and/or are in poor, dead or dying condition. In many instances, these trees present a significant risk of failure and are unsafe. They are highly suitable for removal and are predisposed to seemingly irreparable health problems and/or structural defects that are expected to worsen regardless of measures employed. 4.0 PROJECT REVIEW There are 15 trees in direct conflict with the proposed design and include #33, 35-39, 44, 47-51, 54, 56 and 57. Through implementation of the proposed design, an additional 9 trees would be severely impacted and include 934, 40-42, 45, 46, 52, 53 and 55. Of trees listed above, the anticipated loss of #33-37, 42, 44, 47-52, 54, 56 and .57 would seemingly comply with Section 29.10.0990 of the Town Code due to their condition, location, size and/or species. Pursuant to Section 29.10.0985 of the Town Code, mitigation is necessary for the loss of trees #34-36, 42, 44, 47-52, 54 and 57 and must Holiday Drive LLC Property, 26 Alpine Avenue, Los Gatos Page 3 of 9 Town of Los Gatos Community Development Department David L. Babby, Registered Consulting Arborist June 16, 2006 comply with provisions within that section. As for trees #33, 37 and 56, they present a 1111.__: hazardous condition and should be removed regardless of the proposed design. Trees #38-41, 45,_46,_ 53 and 55 appear_highly_suitable for retention and should remain on site and be adequately protected. Of these, #38 and 39 appear as suitable candidates for relocating and, in doing so, should be moved west of their current location to be at least 10 from the future dissipater and retaining wall. As for the others, the grading and drainage design should be revised so no grading or trenching occurs (including overcut) within the following minimum setbacks: a. Trees #40 and 41: Ten feet from their trunks. b. Trees #45 and 46: The proposed driveway and curb (including any edging or forms) must be designed to be established entirely on top of existing soil grade where within 15 to 20 feet of their trunks (i.e. a no-dig design). If a soil cut is necessary, it should not exceed a four-inch depth below existing grade. Compaction of the existing soil surface shall not occur; it can for base materials but should not exceed 75- to 80-percent density. To help achieve these compaction requirements for a raised driveway surface Tensar® BX Geogrid (www, tensarcorp. com) should be placed on the soil surface, pinned down, and overlaid with a minimal amount of aggregate base material. Please note this material can be placed on soft and weak soils and fill can be used to slope the top of the driveway down to original grade. c. Tree #53: Twenty feet from its trunk, including the proposed swale. d. Tree #55: Fifteen feet from its trunk with no excavation beyond two feet from the wall where within 25 feet from its trunk. The Site Plan indicates the relocation of trees #44 and 51. However, neither should be relocated as the process would adversely impact surrounding trees expected to remain. Tree #52 is a fairly large Coast live oak situated along the existing driveway. It seems to provide value to the site due to its size and stature among the other, surrounding large oaks. Careful observations of its condition, however, reveal signs that it has declined from what would typically be expected for a tree of its age and size. Consequently, I find the tree to be, at Pest, in only fair overall condition and, subsequently, have assigned it a `moderate' suitability for preservation. According to the Site Plan, a retaining wall would be constructed about 6.5 feet from tree #52's trunk. At this distance, the tree's longevity and stability will be severely compromised, a result that would be further increased by the necessary overcut being dug. Holiday Drive LLC Property, 26 Alpine Avenue, Los Gatos Page 4 of 9 Town of Los Gatos Community Development Department David L. Babby, Registered Consulting Arborist June 16, 2006 If this tree were to remain and expected to survive and remain stable, the grading and drainage design (including the swale) will require revision to establish a minimum 12-foot setback to the north, 14-foot setback to the west and a 20 to 25-foot setback towards the southwest. Please note the tree's location will need to be field-verified as it differs between the G&D Plan and the Site Plan. Furthermore, additional protection measures would need to be employed during construction and can be provided upon request. The canopy dimensions presented on the Site Plan appear arbitrary and do not depict the actual canopy sizes. The canopy dimensions presented on the G&D Plan are more accurate but not for all inventoried trees. The plans should be revised accordingly. The proposed grading design differs between the G&D Plan and Site Plan. They should be revised to match another, preferably requiring less grading which appears more consistent with the G&D Plan. The north arrow is backwards on the architectural drawings and should be revised accordingly. There are eight trees shown on the proposed plans that have otherwise been removed or fallen over some time ago. Subsequently, they should be labeled on the plans as missing and are as follows: [ 11 a six-inch bay by tree #5, [2] a 12-inch oak by tree # 14, [3] a 60- inch Eucalyptus between trees #1 and 40, [4] A 28-inch oak between trees #37 and 48, [5] a 36-inch oak near tree #56, [6] a small oak along boundary and about 27 feet west of tree #55, [7] two 10-inch oaks 12 feet north of tree #58, and [8] a 24-inch oak 26 feet northeast of tree #58 (on the neighboring property). A utility pole for the high-voltage electrical lines is shown on the plans near tree #11. This pole was cut down some time ago, as evident by the remaining stump portion, and a new one installed approximately 13 feet north (closer to tree #6 as shown on Exhibit B). 5.0 RECOMMENDATIONS The recommendations presented within this section are based on plans reviewed and serve as guidelines to mitigate impacts to trees being retained and removed. They should be carefully followed and incorporated into project plans. Note that they are subject to revision upon reviewing any additional or revised plans. Holiday Drive LLC Property, 26 Alpine Avenue, Los Gatos Page 5 of 9 Town of Los Gatos Community Development Department David L. Babby, Registered Consulting Arborist Jame 16, 2006 5.1 Design Guidelines 1. The following should be added to both the G&D Plan and Site Plan: [1] the surveyed trunk location of trees #1, 9, 16, 23, 26, 27, 29-32, 34-36, 38, 40-42, 49 and 50, [2] the assigned tree numbers presented in this report, and [3] the accurate canopy dimensions of eack- inventoried tree (these can be grouped together similar to what -is currently shown on the G&D Plan). 2. The project plans should be revised to consider each recommendation presented in Section 4.0 (on pages 4 and 5) of this report. 3. The future water line should be routed from the meter towards the southeast to about 20 feet from tree #43's trunk (the purpose is to minimize root loss of tree #43). The remaining section of line, as well as the future sewer line, should be routed at feast 20 feet from the tree's trunk. 4. The construction of an approved retaining wall beneath a tree's canopy should adhere to the following guidelines: a. If the wall is supporting fill, a post and above-grade beam design should be employed in which no soil is excavated or trenched between the posts (i.e. a no-dig design except for the posts). b. If the wall is supporting existing grade, the overcut beyond the wall should not exceed 24 inches (shoring may be necessary to achieve this). 5. Trees #38 and 39 should be relocated rather than removed. In doing so, the work must be performed by a professional tree moving company that has a certified arborist in a supervisory role. All recommendations presented by the company to achieve the trees' survival shall be followed, including supplemental watering for a minimum two- to three-year period. Additionally, the trees' new locations should be shown on Sheet L 1 and established at least 20 feet apart and well beyond the canopies of retained trees. 6. Mitigation is necessary for the loss of trees #34-36, 42, 44, 47-52, 54 and 57 and must comply with Section 29.10.0985 of the Town Code. All new trees that will be installed on site must be selected from the Town's list of recommended trees (available from the Planning Department). The amounts, sizes and locations of the replacement trees should be shown on the landscape plans and be planted prior to final inspection. All new trees shall be double-staked with rubber tree ties and all forms of irrigation must be of a drip or soaker hose system placed on the soil surface and not in a sleeve. Holiday Drive LLC Property, 26 Alpine Avenue, Los Gatos Page 6 of 9 l J Town of Los Gatos Community Development Department David L. Babby, Registered Consulting Arborist June 16, 2006 7. Per Section 29.10.1000(C.1) of the Ordinance, a copy of this report should be 1 incorporated into the final set of project plans, titled Sheet T-1 (Tree Protection Instructions) and referenced on the Site Plan. 8. The drainage design for the project, including downspouts, must not require water being discharged beneath or towards the canopies of retained trees. 9. The future landscape plans (both planting and irrigation) should be reviewed for tree impacts prior to approval. 10. The future landscape deign should incorporate the following guidelines: a. Turf must be avoided beneath a tree's canopy. Any plant material installed beneath a canopy must be drought-tolerant and comprise no more than 15-percent of the canopy area. b. Any trenching for irrigation, lighting or drainage should be designed beyond the trees' canopies. If irrigation lines or electrical lines for lighting are designed inside this distance, the trenches should be in a radial direction to the trunks and established no closer than five times the diameter of the nearest trunk; if this is not possible, the lines can be placed on top of existing soil grade and covered with wood chips or other mulch. ' c. Irrigation should not be sprayed beneath canopies. Irrigation for new plant material should be of a drip-type system. d. Stones, mulch or other landscape features should be at least one-foot from the trunks of retained trees and not be in contact with the trunks of new trees. e. Tilling beneath the canopies should be avoided, including for weed control. f. Bender board or other edging material proposed beneath the trees' canopies should be established on top of existing soil grade. 5.2 Protection Measures before and during Development 11. Due to the close proximity of activities amongst trees, an individual certified by the International Society of Arboriculture (ISA) - to be named the "project arborist" - should be retained by the applicant or owner to assist in implementing and achieving compliance with all tree protection measures. Certified arborists in the area can be found at ivwiv. isa-arbor.comlf ndArborist~f ndarborist.aspx. 12. At least two weeks prior to any grading or site clearing work, a pre-construction meeting shall be held on-site with the project arborist, the developer and contractor to discuss work procedures, protection fencing locations, limits of grading, staging areas, routes of access, mulching, watering and other items regarding mitigation. Holiday Drive GLG Property, 26 Alpine Avenue, Los Gatos Page 7 of 9 Town of Los Gatos Community Development Department David L. Babby, Registered Consulting Arborist June 16, 2006 13. The approved limits of grading should be staked prior to the pre-construction meeting. 14. Tree protective fencing shall be installed prior to any demolition, grading, surface scraping or heavy equipment arriving on site. Its precise location must be determined and its placement approved by the project arborist (in the form of a letter submitted to the Town) prior to the issuance of any demolition, grading or construction permit. It shall be comprised of six-foot high chain link mounted on eight-foot tall, two-inch diameter steel posts that are driven 24 inches into the ground and spaced no more than 10 feet apart. Once established, the fencing must remain undisturbed and be maintained throughout construction until final inspection. Please note fencing beneath a tree's canopy should be established no more than two feet from a retaining wall' and existing hardscape. 15. Unless otherwise approved, all construction activities must be conducted outside the fenced areas (even after fencing is removed). These activities include, but are not limited to, the following: demolition, grading, stripping of topsoil, trenching, equipment cleaning, stockpiling/dumping of materials, and equipment/vehicle operation and parking. 16. The following shall be displayed on 8.5- by 11-inch signs (minimum) and attached to the fencing every 50 feet on the side facing construction activities: "Warning - Tree Protection Zone - this fence shall not be removed. Violators are subject to a penalty according to Town Code 29.10.1025." These signs shall be posted prior to demolition or grading commencing. 17. Prior to commencing demolition, I recommend a five-inch layer of coarse wood chips from a tree service company is manually spread within the designated fenced areas. The wood chips must not be placed against the trees' trunks and shall remain throughout construction. 18. Any approved activity required beneath a tree's canopy (within and beyond the designated fenced areas) must be performed under the direction of the project arborist. 19. The project arborist should also be retained to perform monthly site visits for ensuring compliance to tree protection measures. 20. Any approved digging or trenching beneath a canopy shall be manually performed. In the event roots of two inches and greater are encountered during the process, the project arborist shall be consulted for appropriate action. Holiday Drive LLC Property, 26 Alpine Avenue, Los Gatos Page 8 of 9 Town of Los Gatos Community Development Department David L. Babby, Registered Consulting Arborist June 16, 2006 21. All existing, unused lines or pipes beneath the canopies of retained trees should be abandoned and cut off at existing soil grade. 22. Each recommendation presented within Section 5.1 of this report and applicable to the actual development of the site shall be followed. 23. All ivy should be cleared off and at least two feet from the trunks of retained trees. The removal of ivy, plants or shrubs beneath the canopy of a retained tree should be manually performed with great care taken to avoid excavating soil during the process. Large shrubs should be cut to grade. 24. Supplemental water shall be provided to the retained trees prior to construction or demolition; the project arborist shall determine the specific trees, amounts of water and application methods. 25. The pruning and removal of trees shall be performed under the direction of the project arborist and by a company that has an ISA Certified Arborist which will directly supervise the work. All pruning shall abide by ISA standards and be limited to the removal of dead branches, encroachments and reduction of heavy limb weight. Stumps of removed trees or large shrubs should be ground below grade rather than pulled up using an excavator. 26. The disposal of harmful products (such as chemicals, oil and gasoline) is prohibited beneath canopies or anywhere on site that allows drainage beneath canopies. In addition, fuel should not be stored nor shall any refueling or maintenance of equipment occur within 100 feet of the trees' trunks. 27. Herbicides should not be used beneath the trees' canopies. Where used on site, they should be labeled for safe use near trees. Holiday Drive LLC Property, 26 Alpine Avenue, Los Gatos Page 9 of 9 Town of Los Gatos Community Development Department David L. Babby, Registered Consulting Arborist June 16, 2006 EXHIBIT A: TREE INVENTORY TABLE Holiday Drive LLC Property, 26 Alpine Avenue, Los Gatos Town of Los Gatos Community Development Department n ' 1 TREE INVENTORY TABLE W N ° , at 3 F a ° c 0'., V c U w y' o o d ' ~ ~ '0 ' e o ° . TREE O ~ ~ . N a . > a N , TREE NAlv1E ~ . rya c7 ul i-, ; . .q . : •Z ~°.1 clw 1 California Buckeye (Aesculus californica) 18,6,5,4 1 25 100% 25% Fair Moderate 5 X Comments: Below high-voltage lines. L2 English Walnut F_ - (Juglans regia) F 12 30 75% 50% Fair Moderate 5 - Comments: Below high-voltage lines. 3 California Bay Tree (Umbellularia californica) F16 25 75% 25% Fair Moderate 4 - Comments: Below high-voltage lines. 4 California Buckeye (Aesculus californica) 6 15 75% 75% Good Moderate 5 - Comments: Below high-voltage lines. ( j 5 California Buckeye (Aescuhis californica) 10, 8, 6, -5 35 75% 25% Fair Moderate 5 - t Comments: Below high-voltage lines. 6 Silver Wattle (Acacia dealbata) 6 15 100% 25% Fair Low 5 - Comments: Below high-voltage lines. 7 Coast Live Oak (Quercus agrifolia } 18, 8.5 25 75% 25% Fair Moderate 4 - Comments: Below high-voltage lines. 8 Coast Live Oak (Quercus agrifolia ) 22 25 75% L25% Fair Moderate 4 - Comments: Below high-voltage lines. 9 California Buckeye (Aesculus californica) 8 25 75% 50% Fair Moderate 5 - X Comments: Below high-voltage lines. 10 Valley Oak (Quercus lobata) 30 60 100% 50% Good High 3 - Comments: Below high-voltage lines. Large deadwood, Site: 26 Alpine Avenue, Los Gatos Prepared for. Town of Los Gatos Comm. Develop. Depart. Prepared by: David L. Babby, RCA 1 of 6 June 16, 2006 TREE INVENTORY TABLE • ~ 3 3 r Y 2 4 A \ C.~p nom, TREE ' E a = oo cY . °o w Y x q c o a NO:. 7R l✓1~ NAME. . w x' O• a 4) A z a a. ~JJ I 11 Valley Oak ) I (Quercus lobata 6 I 10 o I 75% o I 25 /o I Fair I Moderate 4 I - Comments: Below high-voltage lines. Anchorage roots clearly exposed and show roots to be entirely on road side. 12 California Bay Tree (Umbellularia californica) 8 20 100% 25% Fair Moderate 5 - Comments: Below high-voltage lines. 13 Coast Live Oak (Quercus agrifolia) 13.5 30 100% 25% Fair Moderate 5 - Comments: Below high-voltage lines. 14 California Bay Tree (Umbellularia californica) 8, 8, 8 35 75% 25% Fair Moderate 5 - Comments: Below high-voltage lines. 15 Valley Oak (Quercus lobata) 24 40 50% 50% Fair Moderate 5 - X Comments: Large dead branches and shows signs of declining. 16 Coast Live Oak rfolia) (Quercus a 4 10 75% 50% Fair Moderate 5 - X X g Comments: 17 Valley Oak (Quercus lobata) 20 40 75% 50% Fair High 5 - X Comments: 18 Coast Live Oak (Quercus agrifolia) 21 35 75% 50% Fair High 5 - Comments: 19 Coast Live Oak (Quercus agrifolia) 14 35 75% 50% Fair High 5 - Comments: 20 Coast Live Oak (Quercus agrifolia) 18, 13 65 75% 50% Fair High 5 - Comments: Site: 26 Alpine Avenue, Los Gatos Prepared for. Town of Los Gatos Comm. Develop. Depart. Prepared by: David L. Babby, RCA 2 of 6 June 16, 2006 TREE INVENTORY TABLE Q 10. 0 ' TREE . x e_ o . o o o ea ;x k • NO: TREE NAME . N C ° a ~ o c . E. GTl v,- x O . q Coast Live Oak 21 (Quercus )7 5 10 0% 0% Dead Low 5 - Comments: Tree is dead. 22 Coast Live Oak (Quercus agrifolia) 7.5 10 75% 50% Fair Low 5 - Comments: 23 Coast Live Oak (Quercus agrifolia) 16.5 30 75% 50% Fair Moderate 3 - X Comments: 24 Valley Oak (Quercus lobata) 19 50 75% 50% Fair High 2 - Comments: 25 California Bay Tree (Umbellularia californica) 9, 8, 5, 4, 4,3 40 100% 25% Fair Low 4 - Comments: 26 California Bay Tree (Umbellularia californica) 5 20 100% 75% Good Low 5 - X Comments: 27 Coast Live Oak (Quercus agrifolia) 5 10 50% 25% Poor Low 5 - X Comments: 28 Coast Live Oak (Quercus agrifolia) 18 L-40 75% 25% Fair Moderate 3 - Comments: 29._ Coast Live Oak _ (Quercus agrifolia) _7_.-- - -.--.20_._ 100%0 _ . ---High X Comments: 30 California Bay Tree (Umbellularia californica ) T5.5 10 100% 50% Good Low 5 - X Comments: Site: 26 Alpine Avenue, Los Gatos Prepared for, Town of Los Gatos Comm. Develop. Depart. Prepared by: David L. Babby, RCA 3 of 6 June 16, 2006 TREE INVENTORY TABLE ft a. o J, .o G o 0 a II. OW M d 44 CIS S TREE rB , V . . oo ' , °o ai Y x t=1 Q) c o 0 NO:. TREE NAN E.. F: C4 W Cn, 4 v~ C O - cn v : .p Q.. . Z a o California Bay Tree 31 (Umbellularia californica) 4, 3, 3 10 100% 50% Good Low 5 X Comments: 32 California Buckeye (Aesculus californica) 5.5 10 100% 50% Good Moderate 3 X Comments: 33 Coast Live Oak ()uercus agrifolia) 28, 11 30 50% 0% Poor Low X Comments: Trees is comprised of a 10-foot tall stump with several weakly attached branches. I appears its top broke out some time ago. 34 Coast Live Oak (Quercus agr folia) 7 20 100% 50% Good Moderate 1 X Comments: 35 California Bay Tree (Umbellularia californica) 5.5 10 100% 75% Good Low - X X Comments: 36 California Bay Tree (Umbellularia californica) 7.5 10 100% 75% Good Low x X Comments: 37 Blue Elderberry (Sambucus caerulea) 15, 4, 4, 3 25 25% 25% Poor Low X Comments: Nearly dead. 38 Coast Live Oak (Quercus agrifolla) 6 15 100% 75% Good High - X X Comments: Good candidate for transplant. 39 Coast Live Oak ()uercus agrifolia) 7 20 100% 75% Good High - X Comments: Good candidate for transplant. 40 Coast Live Oak (Quercus agrifolia) 9 20 100% 100% Good High 1 - X Comments: Site: 26 Alpine Avenue, Los Gatos Prepared for. Town of Los Gatos Comm. Develop. Depart. Prepared by: David L. Babby, RCA 4 of 6 June 16, 2006 TREE INVENTORY TABLE ^ o ao ~ ~ •3 N ~ 43 0 CU 0 w w r o A U.~ to U , ° U ° ° TREE • x b. ~r = .0 bR r a i tnn NO: TRE) NAME a a n' , r G Z. O a; . .q z -I Coast Live Oak 41 (Quercus agrifolia) 9 20 100% 75% Gaod Hieh 1 - X Comments: California Bay Tree 42 (Umbellularia californica) 6,4 20 100% 75% Good Low 1 - X Comments: Blue Gum 34, 34, 43 (Eucalyptus globulus) 16 70 75% 25% Fair Low 3 Comments: Coast Live Oak 44 (Quercus agrifolia) 7 L15 100% 50% Good Moderate - X Comments: Indicated on Site Plan to be relocated. Coast Live Oak 45 (Quercus agrifolia) 21, 4 L35 100% 50% Good High 1 - Comments: Forms a canopy with tree #46. Together, they function as one tree. This trunk grows towards the east. Coast Live Oak 46 (Quercus agrifolia } 20 35 100% 50% Good High 1 Comments: Forms a canopy with tree #45. Together, they function as one tree. This trunk grows towards the west. Blue Gum 47 (Eucalyptus globulus) 46 80 75% 50% Fair Moderate - X Comments: California Bay Tree 48 (Umbellularia californica) 16, 13 L35 750N 50% Fair Low - X Comments:. Large, dead branch from tree #47 is hanging in this tree's canopy. Silver Wattle 49 (Acacia dealbata) 16,5,3,2 15 100% 50% Good Low - X FxT Comments: Silver Wattle 50 (Acacia dealbata) 7,6 15 100% 500 Good Low - X X Comments: Site: 26 Alpine Avenue, Los Gatos Prepared for. Town of Los Gatos Comm. Develop. Depart. Prepared by: David L. Babby, RCA 5 of 6 June 16, 2006 TREE INVENTORY TABLE y1 G O 4. y 'C y N 0. N cd y a. d p Yl G O Q . V~ N N O O N U _ CC 0~. TREE G °o .°o > 11 Q' a°i o 0 0 . N0: , .TREI✓ NAME Q z a al i 51 Mexican Fan Palm (Washingtonia robusta) 18 15 100% 100% Good Moderate - X Comments: Indicated on Site Plan to be relocated. 52 Coast Live Oak (Quercus agrifolia) 33 45 50% 50% Fair Moderate 1 - I J Comments: Asymmetrical canopy. 53 Coast Live Oak (Quercus agrifolia) 27 65 50% 50% Fair Moderate 1 - Comments: Highly asymmetrical canopy. 54 Monterey Pine (Pinus radiata) 32 40 50% 50% Fair Low - X Comments: Has large, dead limbs and shows signs of declining. 55 Coast Live Oak (Quercus agrifolia) 31 75 50% 75% Fair High 1 - X Comments: 56 Coast Live Oak (Quercus agrifolia) 22 35 50% 25% Poor Low - X Comments: Large failure from tree in the past - weak remaining structure. - 57 Coast Live Oak {Quercus agrifolia) 16,12 35 75% 50% Fair 7 Moderate - X Comments: Highly asymmetrical. Significant lean towards southwest. Smaller leader is weakly attached. 58 Blue Gum (Eucalyptus globuhir ) 40, 30, 20 100 75% 50% Fair Moderate 5 - Comments: Mexican Fan Palm 59 (Washingtonia robusta) 1'5.5 IA 100% 100% Good High 4 - X Comments: Site: 26 Alpine Avenue, Los Gatos Prepared for: Town of Los Gatos Comm. Develop. Depart. Prepared by, David L. Babby, RCA 6 of 6 June 16, 2006 David L. Babby, Registered Consulting Arborist June 16, 2006 EXHIBIT B: SITE MAP Holiday Drive LLC Property, 26 Alpine Avenue, Los Gatos Town of Los Gatos Community Development Department K U ~ y O u G L ~ F. y i. n e i r n E ~ 2 fit Etc ~1f~ r t ~ R ~ r 1 rn t ~ nt , • : rr! • 'fir tip.. ct ~a hr f w 1' X ~ r ( § x Fz f t ! q b7 r R~ !I "T ~Et~al y~5t~ 4 r E Y S ~+tx1 7)(~ ' ; _ v. 1i1 S. t~(21} JJr 5 d. , ^~1 y~~ #'`1y Id• 1}d({`y4 i J 4 A ityi y3 lI ij m i two b { F i ~r° f . ! 35 ~ i( 2 S 2 Sbr L` 3 L Y£t ;i4 C t i 4' 1#1~A . l r f i w NN i ~ + ' + ~ c kR t( ' : 3g ~ilE T4 v i{Sy A J.. .z I t * 3f }i I ai} ci fi4~' D ~ x # Srt t Sgt ( £C S . r ~X y , t. mot l 1 21 po ls CL " 'y go". +1ltJ rn 7 kf) i, ..s <a: IV:1 i Town of Los Gatos May 20,2009 Community Development 110 East Main Street Los Gatos Ca. 95031 Planning Department MAY ; 1 2009 Planning Commission Los GAT","; Re: Justification Letter 26 Alpine Ave. After purchasing this property in 2004, we began working on a design for a new home that would both complement the neighborhood and utilize this particular site. Our Architecture and Site Application process started 6-5-04, we have worked with both the planning and public works departments over the past years. The characteristics of this site lend it to a daylight basement design. Using this type of construction we would minimize the grading and stay with in the R1-20 Zoning. During this process we have had many reviews by the Towns Consulting Architect, Consulting Arborist, Geotechnical Consultant and a Riparian Habitat assessment. As of this date, I think we have dealt with their concerns. Architectural features have been added and subtracted to reach our final design. This home is designed as a three bedroom home. In order to keep the down hill elevation to the minimum mass we decided not the use decks on the East Elevation and instead use a small rear court yard, this would be tucked behind the house and off the Dinning Room, Breakfast Area and Family Room. The home stretches along the West side of the property and follows with the existing contours, leaving us 30 feet from the front setback and 66 feet to the south property-line. We have kept the roofline as low as possible so it would not interfere with our neighbors views, and stay with in the R1-20 required heights. Even with the topographic of this lot our design was kept to a two story house, using a mat foundation. This type of foundation will keep the grading within the footprint of the house as requested by the Towns Consulting Arborist. E"IBIT 10 We have completed a shadow study, and by keeping the home on the upper I section of the lot it gives the most protection to our neighbors privacy. With no street parking in front of our property or across the street and having a uphill lot we decided that entering the site from the low end of the property would give both our lot and the neighborhood the best design. We have designed a motor court that will accommodate three cars, thus taking care of off street parking. The driveway will be constructed by using a Split Faced Earth Colored Allen Block design so that grading beyond the wall would not be needed. We have are over 50 trees on the lot and they just about cover the entire lot. The trees that need to be removed that are with in the foot print of the house received no higher suitability for preservation rating from the Towns Consulting Arborist than Moderate to Low. In the past we have visited our neighbors to find out if they had any concerns or questions, and now that the Commission date is near we have invited over 30 neighbors to the site to review the house plans. We are requesting the Planning Commission Approve our Architecture and Site Application S-04-64 CinrrPrPly I ~1 COI b 14 ji. 3K. 41 NI jTJ ( ~1 S M , r-•r ~ OIL. > • a 1~~`'~ 1 ~ . a r r Ml~ ~11> kl~ in Y rL ~ ~ a0'OZ~~ (0'191 Ci I ~,f.~►\ ~ yl M uP\ k rr• Q a~ a N S IN • JLM 1 H )4do RECEIVED JUL 2 6 2006 TOWN OF LOS GATOS u xdd a xsd c' euoUd # euNd •00 'idoci/•oo PLANNING DIVISION -4~ea p Q B,~a ILflL OWN xa:A *11-160d _ - EXHIBIT 11 I~~ ■ tid WdO~:Se vooz bZ q.00 26SLVS280b: 'ON XUA 1 1~0 I ...rvv ..}v I Jv I \I IlJ1 a u~ cn E 0 U N a) a Q O a) Y O a- O c O a) d a) C 3 O C cu a o Y 3: 4- 0 0 O 0 v_. J U a) C cu (n O O m Q C - •j ~ 04 C 0 o 0 c: J 4) 'aC--. c a) L p E a) ro N O E C 0 o c0 3 CU V Y ± L > aa) 3J U) 0 T Y ro 0 L a) T T U C ro z a c ro m C m T a) L 0 ro fA ro O c 3 h cn o U) 0) N m c c a c -a-o c - c ° ) cu c v L > O 3 U (n a) W ro 0 0 ° C tn :3 a) c ( 0 m 3~ Cu '0 CU 2 CL U L E - "0 : Q) . T. 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N 0 "0 p 3 N N U CL a) p U L U Co 1 > L m U a O Y a) a) -o a) - N . c m c E O O 0 c to p ,y 5 M U 0 O u 0 O O o :'0 2 n p m -13: U u) 0 ° 0 5 Z m 3 a~ tv a~ c c c . .2- Q 2- Q Q Q ti rn ~ N r- c O in a) C m Z Y co c Q a) Z' Y O m a) a) to I- M ) E ca a e (D Z 06 U) m 06 L' m O N N ~ 0 m c a) m Y Q @a V OR MAY to 5.6LK( ' TOWN OF LOG GATC O ri FRU DEPARTMENT m GDS May 20, 2009 To: Planning Commission Town of Los Gatos Re: 26 Alpine Avenue cc/. M m~- We have several concerns about the project proposed for this site. Michael Cronk Diane McNutt Cronk 27 Jackson St. Los Gatos, CA 95030 (408) 395-4033 1. Although this property has an Alpine address, it straddles Alpine and Jackson streets with considerably more frontage on Jackson. Neighborhood compatibility and impacts should consider residents on all sides of the property, especially since the house will be much more visible to neighbors in the Jackson/Oak Hill/Villa area. Comparing the proposed size and FAR only to homes on Alpine does not provide an accurate and complete picture of the situation. 2. The proposed home is larger than the 2500 square feet limit that was a condition of the subdivision approval in 1991. At that time, the Planning Commission felt that 2,500 square feet was "generous, given the sensitivity of the area." Attached are the verbatim minutes from the Sept. 25, 1991 Planning Commission and the specific conditions that were put in place. There is extensive erosion of the creek that borders the property on the Jackson ' Street side. In 2003, we obtained an analysis of the situation by a creek restoration specialist at the request of the Regional Water Quality Control Board, the California State Department of Fish & Game, and the Santa Clara Valley Water District when we needed to rebuild our bridge driveway. The assessment noted significant erosion for 45 feet directly upstream from our bridge. The owners -of 26 Alpine at that time refused to do any restoration work, -arid the situation has worsened over the past few years. During storms, the flow in this creek is high and fast as it hits our property and bridge, so we are concerned that ..any -work :on the. _creek..does. not. .negativel_y.impact-us any_more_.than..it.already.. does. Ali improvement would be welcome. 4. Runoff from the northeast corner of the 26 Alpine Ave. enters our backyard during the rainy season and creates a mini waterfall down our terraced hill for several months. We were forced to drill a trench in our flagstone patio to direct the water away from the house and down to the creek. We are concerned that EXHIBIT 12 grading and construction at this end of the property could increase the flow into our yard. 5. finally, it is clear that our home will be significantly impacted by any development on 26 Alpine Avenue so it is disappointing and alarming that we have not been contacted by anyone connected with this current proposal. The installation of story poles alerted-us to the-proposal. and-we obtained a copy of the plans from the Town. We appreciate the siting of the home away from our property, but the visual of the north side elevation of the proposed house appears massive and the motor court and large garage will require the removal of most of the trees and vegetation that screen our view of the story poles. Because of the topography of the Alpine property, this project appears as if it will loom over our home and significantly impact our privacy and quality of life. We ask the Planning Commission to direct the applicant to redesign the proposed home at 26 Alpine Avenue to meet the 2500-square-foot limit that was conditioned for this parcel and to create a project that is compatible with the Jackson/Oak HillNilla neighborhood as well as the Alpine neighbors. If you would like to view the Alpine property from our perspective, please feel free to stand on our bridge and to enter our backyard at any time. We understand that Planning Commissioners are prohibited from discussing a project with the applicant or the neighbors and we will not attempt to engage you in conversation during your site visit. r Thank you for considering our serious concerns: btq'me, A Crag.,. Michael Cronk Cc: Town Council Diane McNutt Cronk PL ITNING COMMISSION MEETING Minutes of September 25, 1991 ITEM 3 38 Alpine Avenue Subdivision Application M-91-9 Requesting approval of a three lot subdivision of a 1.52 acre parcel in the R-1:20,000 zone. PROPERTY OWNER: Mardi Bennett Mardi Bennett, property owner and applicant: I'd like to make a comment about the first paragraph In the Project Description, item A. At the very bottom the last two sentences, they're talking about a stone wall which Is approximately two to three feet in height that runs along the property. I think they must have been looking across the street because we do not have a stone wall that runs the length of our property. Chair Chase: Would staff comment on that? Mr. Bowman: There is a wall in front of your property. It's part of our designated wall, which you helped designate. Bennett: i beg your pardon, just part of the wall is buttressing the two pillars that are there. We don't have any other wall. It's only about eight feet for one pillar and nine feet for the other and it goes down to about a foot and a half. Bowman: About two feet, but it runs the length of your property and that was in the designation. Bennett: I've lived there for 26 years. Bowman: Whatever wall is there is part of the designation. If it doesn't Include the whole property, it doesn't include the whole property, but there is a wall In front of the property and I'll stand by that. That's ail we're trying to say. Chase:. Mr. Bowman can change that to read whatever wall is there will be preserved, and then we won't have to argue it. PLANNING COMMISSION MINUTES - 16 September 25, 1991 Comm: O'Laughlin'.' 1. know you've lived on Alpine for a very long time and been Involved a lot of things In Town. I believe that the approval next to yours was a mistake, on the Lincoln property. What Is your comment, considering what happened next door and what you proposing, on,~wf at.,thls does to the character"'bf Alpine Avenue Bennett: Actually;,lt;;will have very 1.4e Impact on Alpine. Lot 2 is the one that runs all the way along Alpine and there will be very little change on Alpine Avenue. The change that will...occur,Ip the area will be on Jackson;,, That's where the two lots are proposed to be sited Comm. Roberts: You show on Lot 1 and 3 an outline of a house. Is that an official footprint? Have you designed the houses. Bennett: No. We have no plans to develop at the present time. We'd like the ability to develop if we should ever want to in the future. We have no plans for a subdivision at all. At the Development Review Committee they asked our engineer to plot a building to show them that a building could indeed fit on the site. That's why we have a footprint on the map. It was probably, to the engineer's mind, the best place to site It to avoid excessive grading, and to avoid the cutting of any trees. Abkin: As I understand it, the access to all three sites will be from Alpine? Bennett: No. The -access to the fIrst.lot will be off of Jackson; and the little culvert there will have to be bridged. Because of that fact, we've had to get a permit from the Fish and Game Department. Abkin: The access for Lot 3 will be from Jackson? Bennett: It will be from Alpine. It will follow the flag lot next door. Abkin: So, the impact on Jackson, although it's being subdivided on that side will be that ingress and egress. Bennett: Yes, that will be the only one that comes over the creek. I might point out, if any of- you have been out there to see the site, there are about four or five houses North of us on Alpine, and all have access across the creek. We're not doing anything different than what's there already. My engineer is here in case you need any further comment from her. Diane Cronk, 27 Jackson Street: I hope you are as concerned with preserving the character Jof. Jackso-6 Street as you seem to be with Alpine. We're kind of down In a hollow and get overlooked a little bit. The concerns that we have are why would you want to subdivide a _ lot unless you're planning to sell it or develop it? It's an unusual parcel of land. i don't know the exact terms to describe it. We're right next door. If a house is built, it's going to block our sun, and it's going to look right into our bathroom. We're very concerned about what this is going to do to our property in the future. We're not necessarily opposed to the subdivislidh buf fhe question is whaf 1s fl5af going fo do to us The third issue is the creek that runs in front of our house. By the time it gets to our house, it is controlled, it is more of a culvert. As soon as you go South from our house it's very much of a wild creek that moves. In the old days when it used to rain, that creek would overflow into this lot. If all of a sudden we're going to be moving that creek in order to accommodate construction and a driveway sometime in the future, is that going to spill that water over into our front yard? Chair Chase: There are some issues that are valid. When it comes to drainage, those are some Engineering issues that have to be addressed before a building permit can be issued. PLANNING COMMISSION MINUTES 17 September 25, 1991 We do require shadow studies, which could be reasons to change the design of a house going in. I don't know that those issues are reason for the denial of a subdivision, unless we could say that those issues could never be satisfied. Mardi Sennett: I don't know [low historically Diane is speaking of this, but we've owned the property for 26 years and I've never seen It flood down there. Diane is right next to ft. Chase: it could happen again. It's possible. Yitka Cymbal, Westfall Engineers, engineers for the project: We have done a drainage study, maybe not detailed enough for the final design. We have established the flood plane elevation and the elevation the structure would have to be, and what will need to be done in order to avoid any flooding down stream. We have done some studies in that respect and concluded that tt can be resolved. In the proposed conditions by the Town Engineer there's dedication requirements and the one i question Is about Alpine Avenue. Alpine Avenue is presently a fully improved street. It has curbs, gutter and sidewalks on both skies, although it's a narrow street. At this time we have done a typographical survey, but we have not completed boundary surveys to determine how the street fits Its right-of-way. How the physical street fits within the existing right-of-way. We believe that there might be a portion of the sidewalk which is actually outside of the public right-of-way.. I was wondering .lf the wording could be modified that all of the improvement were to be dedicated when we know what exactly they are, in places ft may be five feet, in places ft may be less than that, or some more. Chase: Are you talking about Condition 4 where ft says, "ingress, egress, utilities, easement as required?" Cymbal: No, actually ft was under Recommendations. Chase: Was it, "Alpine Avenue. A 20-foot half-street rlght-of-way?" Cymbal: That's the one. Chase: You'd like that clarified? Cymbal.: What I would like ft to say is that the dedication be required to Include all existing improvements, rather than just arbitrary numbers. I believe this area was created in approximately 1920, so the right-of-way and actual road may not coincide precisely. It may be slightly shifted. What I'm saying is that we don't know at the present time how much. We have found a couple of monuments during our survey. Chase: You want to know what part of your lot is being dedicated? Cymbal: We would like to dedicate what the street actually- is, rather than just 20 feet from whatever the centeriine is. - Chase: -I'd-like- to-hear-the staff-comment on- that. John Gfvlln: The Subdivision Ordinance and the General Plan describes the required right- of-way for the street, and you'd have to make an exception. Chase: So, this says 20 feet for a half street right-of-way. Would that be presumed to be 20 feet from the existing center of the road, rather than some map from 1920? GMIn: From the centerline of the right-of-way. PLANNING COMMISSION MINUTES - 18 September 25, 1991 Chase: Could we assume that the street is in fact in the middle of the right-of-way? Is that the issue here? Cymbal: That's right. Giviin: The street-may not be symmetrical, but generally the centerline of the right-of-way is near the centerline of the street. Cymbal: In one location it definitely Is and in one it seems to angle at least according to records, it seems to be veering off. We haven't done a boundary survey so i really couldn't tell you that's what it is. We have just plotted off the record and sometimes we find monuments which supersede any kind of record information from the map. Chase: If, in fact, we're not certain, do you want us to not approve this tonight and wait until we know what it Is. I think if we approve it the way it is, you probably would not be too far off, but you could be off a few feet on one end or another. I don't think we have the information tonight to rewrite this in some other way. Cymbal: If that's the question, then 20 feet is fine. We just thought it would be better to match actual figures. Chase: if we knew the actual figures, we could rewrite this, but this is part of the normal wording. It probably won't make a whole lot of difference. Bennett: This is a tentative map and really doesn't have all the parameters exactly. It takes a lot more money and a lot more time and. we didn't want to go into that until we were sure it was approved, however, we'd just like the wording to be compatible. This wording is fine for us as long as it isn't locked into concrete. If it's something we can't change later, that was our concern. There is one area where the property takes a jog and it's quite a different amount of measurement than it is in the main part of the road. We were just hoping we' didn't end up with less property. Is this what we're going to have to stay with? Chase: Yes. Bennett: Even if it turns out to be that the property is in a different location on the map than what you've looked at now. Giviin: One of the things we did discuss was rather than take the full half-street right-of- way width, that we consider a lesser amount of right-of-way and then add an easement for sidewalks and utilities. Typically, the 20 feet is not necessarily just for the roadway or the roadside improvements. It is also to be able to accommodate all the utilities. As long as you have 20 feet of right-of-way and easement, I think that might satisfy the Engineering, Department, but it-doesn't meetthe intanLQLlbajG4enefal Pfar-ror=ttxbdiv+sio~ I think that would probably require some sort of an exception, maybe a minor variation. ._Bennett: +don't-know- if-it has-anything-to do-with-the question; but there-is-a-hedge right- - along the fence line. We were hoping that it wouldn't be part of the dedication because it will be very hard for the Town to maintain that and keep it watered and trimmed. Chase: No, you'd still have to do that, it's still your property. The Town isn't going to come and water the hedge. Bennett: Whatever way it has to be, we'd like to have you to decide on the application. Z PLANNING COMMISSION MINUTES 19 September 25, 1991 Chase: My recommendation is to leave it the way it is, otherwise it could really get hung- up. Abkin: If we approve this with this condition tonight, and there's some uncertainty if you think the property lines may be here or there; the street may be off or not off. Is there some way In the future, once that's definitive, they can come back with a request to amend this condition. Bowman: I think the intent here is make sure that all the curb, gutter and sidewalk and street is In the public right-of-way. That's what a tentative map is for and then we have to make a finding of the final map that it's consistent with the tentative map. If the intent is to keep the public improvement in the right-of-way, that's all you need to say at this point, Chase: Are you saying that we should rewrite it? Bowman: I thought that's what we had said in the original report Chase: If this is the way you normally say it, I don't know why we should change it. If everyone understands that that's what the intent is. Abkin: Mr. Bowman has raised an issue. Item A(4) talks about a five foot dedication for the sidewalk and wall, which is not what condition 4(a) talks about. The condition does not say what the staff report intended. Bowman: The purpose of the 20-foot half-street is to make sure that we have the dedication. 20-foot normally covers all the street improvements. Here we have a situation where the street is not In the center of the right-of-way. We're going. to have to allow it somehow. You're probably talking about a couple inches to a couple of feet and then back again. I suppose you could add to condition 4(a) that any dedication would be necessary to include the entire sidewalk. No one else wished to speak; public portion of the hearing closed. DISCUSSION O'Laughlin: This presents a perennial problem for me. I think everything is present here to approve the subdivision. i don't think there is any reason to deny it. As far as i can see it complies with our conditions and requirements. The problem I have is that we approve the subdivision because they technically meet all of our requirements, and we push into the background any other concerns we have. We have a real problem if a bonafide purchaser comes in and says, 1 just paid a lot of money for this 20,000 square foot lot and here's what I want to build." i have concerns here regarding grading, tree removal, impact on the creek, privacy, shadow studies, the square footage of buildings and how obtrusive they might be. We have gigantic lots at 20,000 square feet. I know we're not s ppose-to "discuss that. se ==te=ch t ~rottnds-_4or-=~e ically suitable for the type of development. O'Laughlin I realize,that, but it troubles me-that we're- presented..- with-this=:d-ilemma. I-think thatJt.aechnlcally meet the requirement we have, but I have a whole host of concerns that I'm supposed to place in abeyance for the Architecture and Site process. I'm tired of being placed in the predicament. 'i don't know if other commissioners share that. Chase: I think you can safely assume that if we approve this subdivision there will be two more houses on Jackson and Alpine. The Subdivision Map Act says we have to find reasons for denial, one of which would be that it is not physically feasible for the proposed height of development. But you don't know that until somebody comes in with plans and PLANNING COMMISSION MINUTES 20 September 25, 1991 -you start looking in detail, Maybe later on you discover it's not going to make a very good building site. But you've already subdivided, someone else has the property and they think that if you subdivided it, that meant it was a buildable lot. O'Laughlin: What happens is six months from now or a year from now with a different Commission, they have a gun to their head because someone comes in and says, 'I paid a lot of money for this lot, it's 20 000 square feet- i want to build this-kind of house,* and then they think they have been blind sighted because no one told them. Chase: I don't have a good answer as to fl it's really buildable in the detailed sense you're talking about. MOTION Whitney-Hafft: I would like to entertain a motion. I don't have any particular objections to the subdivision. I agree with Comm. Rudolph that 'it meets the spirit and Intent of our ordinances and regulations. I think the solution would be to use a Planned Development. One of the reasons the Planned Development process was initiated as a zoning tool was when you have these kinds of concerns and you don't have something that's clear cut, you can employ the Planned Development process. That way you can, at the zoning stage, deal with some of these considerations. One of the considerations I would add Is that that first lot on Jackson is fairly steep. I think we're going to see the same types of problems that we've had In other hillside developments. Down the line, we're going to see mega-houses. That concerns us and we have to deal with it from time to time, and we are going to be laboring over how that house looks on the hillside at that particular location. Environmental concerns, shadow concerns, neighborhood Intrusion, flag lots; soil consideration, creek, drainage, etc. are a perfect example of where we should be employing the use of the zoning tool of Planned Development. That gives us all the latitude and flexibility we need up front. The site is large enough to be considered Planned Development, it's over one acre in size. Recently, we discovered on Shannon Road, with the Weir property, we went back and forth and the Council ended up recommending that it go as a Planned Development. There are a number of cases that come up, especially when you have hillside -and sensitive environmental Issues, where you should be'employing the Planned Development process. I would also like to encourage staff to encourage applicants to consider that so that we don't waste anyone's time in the future. Bowman: The analysis, in terms of it being eligible for Planned Development because we have a one acre minimum for a Planned Development, is correct. Planned Development fees are substantially higher, so we have a much higher application fee in addition to the additional cost. Chase: Wouldn't they have to have much more of a plan of what would be going in place? Bowman: Yes. T ' - ~-r ey We can even set the footprint and the height on the buildings. We have a great deal of latitude with Planned Development. -Chase;- -You're welcome to. make a- motion: Whitney-Hafft: We'd have to put the subdivision in suspension while the applicant files a Planned Development. What's the process Mr. Bowman? Bowman: Unless you can get the applicant's consent, it will be approved automatically within 50 days unless you deny it. Whitney-Hafft: Can we deny it without prejudice and not require additional fees or Is that PLANNING COMMISSION MINUTES - 21 September 25, 1991 a Council decision? Bowman: That's a Council decision. The Commission has no authority to waive fees. You can deny without prejudice, that's an action, but without the applicant's consent for a continuance you can't go beyond the 50 days. Whitney-Hafft: We could ask the applicant if they wish to waive their rights and continue this while we file a Planned Development. Chase: If we deny it without prejudice do we still have to make the findings for the map act? Whitney-Hafft: I don't want to do that. What I want to do is bring the plan up under Planned Development so we can deal with the issues expressed here tonight. Chair reopened the public hearing. Chair Chase: Would the applicant state your position on the Planned Development. Mardi Bennett: Comm. Whitney, this is a terrible thing for you to have proposed and I am very vehemently against it. 1 came in under the process. i have waited since May to come and talk with you about this. I think it would be very unfair and very unjust for you to deny me when I have done everything that this application deserves. I have paid my fees. i have employed a very fine engineer. To have you ask me for permission to change the rules of the game is way off base. I feel that there is no reason for denying this. You have your example of what you can deny it for. You have no precedent for trying to change something that has already gone through the process to a Planned Development at this point. Whitney-Hafft: I don't think anyone here Is recommending a denial. What I was trying to do is echo the concerns that i heard from my fellow Commissioners. I don't believe i was acting independently, but trying to respond to those concerns. We have indeed had projects go back and change their form. The Weir property was one that I mentioned that came in as a subdivision and went out and is coming back In as the Planned Development. These thing do occur. The intent is not to cause problems for you, although it may. What we're intending to do is make a proper land use decision. Roberts: Couldn't this be resolved in another way like setting the conditions that we're concerned about. Abkin: I don't think you can set conditions on a subdivision on future development. O'Laughlin: What did we do on College Avenue with the Grabill property? Bowman: You set criteria for the house; maximum floor area and height. You can do that. f . O'Laughlin: That College Avenue lot was small enough that it came within the Floor Area Ratio, We set up a height limitation, and a square footage limitation on the house and the garage Bowman: These lots would also be subject to Floor Area Ratio. Chase: They're 20,000 square foot lots. Bowman: When you look at the suitability of the site for the proposed use and there are concerns like Lot 1 here with.the steep slopes and the trees, it seems to me that you do have the authority to set parameters. You don't have a plan before you. You can't say that PLANNING COMMISSION MINUTES 22 September 25, 1991 it's 1,326 square feet or something like that, but you -can certainly set parameters that you would find acceptable. When you're dealing with In-fills situations which we are mostly In this town, that's a very appropriate thing to do. As you mentioned, it saves an awful lot of grief later on with people wanting to do things that are totally unacceptable to the neighborhood., Chase: Mrs. Bennett, what size houses did you have in mind for these lots? What's the neighborhood like? Bennett: As we both talked about, they will be facing Jackson. The house that they will be right adjacent to have about 1,800 square feet and less. Those were developed about 30 years ago on very small lots. These would be homes that I would expect would be compatible with the homes that are there already. The homes across on Jackson are on very large pieces of property and are larger homes. Chase: Adjacent to small houses and across from large houses. Do you know how large? Bennett: They're Los Gatos size houses, not the new ones that are being built now. Along Alpine they were developed along time ago, on Jackson they were developed about 20 or 30 years ago.. In those days people were building about 2,000 square foot homes. They are up on the hillside. Chase: What I'm driving at here is ff we wanted to address some of the issues, ff we put some kind of a square footage guideline in the 2,000 to 2,500 square foot range, would that be acceptable? Is that within something you envision for the lots? Bennett: Certainly, 1 would want them to be compatible with the area. Not be conspicuous. Nicely tucked Into the hillside like the ones across the street are. MOTION Whitney-Hafft: Would you like me to withdraw my motion? There was no second. WITHDRAWN Chase: We've been discussing it quite a bit without a second. Is anyone going to second? Okay, motion withdrawn for lack of a second. MOTION Chase moves, seconded by Comm. Whitney-Hafft, to approve Subdivision Application M- 91-9 with the findings that there are no reasons for denial according to the. map act, that proposed map is consistent with the General and Specific Plans, it is physically suitable for the type of development, and it is physically suitable for the density, the design of improvements will not be causing substantial environmental damage, there is no known serious public health problems, and we know of no conflicts of easements. Chase: What I would like to do to reduce the concerns.on what. kind of a proposal will in fact show{,up is to add a condition that the houses on those-lots--will--be-Er,-36,u-gaare foot- type houses" I suggest that as an upper bound, until we see a specific plan, If we saw a good_pian that was 2,501 _squuare feet, it wouldn't necessarily be denied. That would be the size of house we would be looking for to try to maintain compatibil ity with the neighborhood. O'Laughlin: I wonder ff the chair would be agreeable to some amendments. This is the kind of compromise i think can work. It highlights the problem again that we are dealing with unknowns. We don't know what the problems are going to be with the exact typography of the land and things like that. I have some suggestions. First, any cut and fill would comply with our Hillside Standards. Any dwellings not adversely effect the privacy of contiguous property owners and the structures shall comply with our shadow requirements and that no specimen trees be removed. PLANNING COMMISSION MINUTES - 23 September 25, 1991 Chase: I'm agreeable to that. Rudolph; Relative to these conditions, I have a question for staff. Since we're putting them on now, Is it possible to modify them at the time of the Architecture and Site application? For Instance, the Issue - I'm thinking about Is the 2,500 square foot house the Chair mentioned. It seems to me it would be better K we put a limitation, and if we get an exemplary design, to allow the person to go beyond that level at that point. Chase: I think the other guidelines are still in place. This would be more restrictive than the Floor Area Ratio that would apply. Rudolph: I'm not saying get rid of it, I'm saying make it a 2,500 square feet limit, and then if somebody comes in with a design that we deem to be superior, we could allow it to go beyond. My fear is, If we say around 2,500, somebody is going to say, "Of course I can design a great house," and come in with something big. Chase: You're right. Make it a stronger wording. Rudolph: Do we have the ability to release the applicant from that condition on the Architecture and Site application. Bowman: Not unless you state the criteria or that there is a possibility of that. Otherwise, any future staff or Commission would take that 2,500 square feet as mandatory. Chase: Maybe we should put it back the way it was. Rudolph: i still think we. can make it as a limit. Abkln: I'd lean toward having a firm one. 2,500 is generous, given the sensitivity- of the ,..area. df we make It- a wishy-washy limit, it could be anything again. Chase: It's certainly bigger than the neighbors, but not so much bigger that it would completely overshadow them. Abkin: Speaking of overshadowing, t concur with Comm. O'Laughlin's suggestions for the . additional conditions, particularly the one concerning grading. I'm afraid that with the condition about no negative impacts on the privacy of the neighbors, we would be giving a veto power to any neighbor that said, "Yes, there's a negative impact. I don't like the house there." i think the existing standards provide us the opportunity to review that when it comes before us. I don't know that we need a particular limit here that'# going to be difficult to enforce and would provide a veto power. On the shadow study, i don't kno there really are requirements about shadow, other than that the study be done. I dqg'm -°Zhere's a requiremeAt_tbaij#ere #i no s ah~6e~lrr~pa - - for us that we can rule on. That's required anyway. Olaughlin: _I'm convinced bywhat-Comm "Abk - aid: Chase: We'll remove the no negative impact on the neighbors and leave that more to our discretion. Rudolph: Could you review how the motion stands? I'm getting confused as to which ones are in. PLANNING COMMISSION MINUTES 24 September 25, 1991 Chase: The motion is for approval with the following additional conditions: 1. Thet-proposed houses will. have an upper limit of 2,500 square feet. 2. There will be no removal of specimen trees. 3. The project will comply with the Hillside Standards for cut and fill. 4. A shadow study will be required. Whitney-Hafft: I'd like to clear the air here. If the Commission Is satisfied, I'm satisfed. In the future perhaps we will be considering other similar projects and they may be by Planned Development and that's the only thing I was trying to indicate tonight. Chase: l think we have a policy to encourage Planned Developments for the hillsides and technically, this Is not part of the hillsides. Whitney-Hafft: You can have Planned Developments anywhere other than hillsides. Chase: I'm saying that's what the policy is. Is that correct Mr. Bowman? Bowman: The Council's policy is that you will have Planned Developments for any development in the hillsides. Whitney-Hafft: To clarify that, there's not some magic line somewhere that says Inside the line you have some and outside the line you don't. Bowman: No, you don't. Abkin: In that particular policy in the hillside, that's true. I think what Comm. Whitney is getting at is maybe we should have a firm policy elsewhere. For example, any subdivision. over an acre should be a Planned Development. That's pretty extreme. What she's getting at is some policy guideline where we would have a Planned Development come before us instead of a subdivision. Whitney-Hafft: We end up struggling and then making quasi legislation here. That's fine if we're all satisfied with that, but there is this other way. Chase: I think this is accomplishing what we want to. Rudolph: Question for staff. One of our conditions is that this application has to conform to excavation standards for hillsides. My questions is, how does that compare with excavation standards for non-hillside areas? I think the hillsides may be less restrictive. I think the Intent is to be restrictive. - Bowman: The only standards you have f nation, basically, are the standards you use _ ~~~=rryocsre+o.au1~ r not. The Grading Ordinance sets up the ruses and regulations of what is allowed by ordinance. Generally, the Development Review Committee in reviewing grading permit recommendations to you is trying to minimize -.grading, but-we. do not have any. adopted -standards- per se.. Motion passes unanimously, on 6-0 vote. AYES: Commissioners Abkin, Chase, O'Laughlin, Roberts, Rudolph and Whitney-Hafft NOES: None ABSTENTIONS: None ASSENT: Commissioners Alimand, Grimes and Morgan rLANN LNU COMMISSION MEETING Minutes of September 25, 1991 CONDITIONS TO THE SATISFACTION OF THE PLANNING DIRECTOR: 1. The proposed houses will have an upper limit of 2,500 square feet. 2. There will be no removal of specimen trees. 3. A shadow study will be required. TO THE SATISFACTION OF THE TOWN ENGINEER: 4. Any sections of curb, gutter and sidewalk along the frontage of this property that are currently broken, or raised, or any sections damaged. during construction, shall be replaced. 5. A well Information questionnaire (available through the Town Engineer) shall be completed. 6. A parcel map shall be filed. 7. The following shall be dedicated: a. - Alpine Avenue. A 20-foot half-street right-of-way. b. Jackson Street. A 20-foot half-street right-of-way. C. Ingress-egress, utility easement as required. 8. Underground cable television service shall be provided to all new lots/homes. 9. The project will comply with the Hillside Standards for cut and fill. Page 1 of 1 Sandy Baily - 26 Alpine From: "Perry, Don" <Don. Perry@cbnorcal. com> To: <SBAILY@losgatosca.gov> Date: 05/21/2009 12:01 PM Subject: 26 Alpine Dear Sandy: I want to give you some additional information about the public outreach that Barre Barnes and I have done regarding building his home at 26 Alpine. About 2 %2 years ago, I personally knocked on the doors of about 20 homes near the property with proposed plans for the site and was looking for reaction to the project either positive or negative, so that concerns might be addressed early rather than later. Although I had one neighbor say that she thought the property should be left as "open space" and that nothing should be build and another state concerns about building too close to the creek, the overwhelming response was positive. At that time I spoke at length with Michael Cronk of 27 Jackson Street. His only concern at the time was the large eucalyptus trees that sit on the property line of his property and the Barnes property. Since eucalyptus trees are known to be "self pruning" Cronk felt that they were dangerous and thought that Barnes should be required to remove them as a condition of approval for building. Cronk also asked for a set of the building plans. I returned the next day with a set of the plans and personally handed them to Diane McNutt. I informed her that I had been there the day before and was delivering them at the request of her husband. Barnes has also worked closely over the past 2 years with his immediate neighbors at 38 Alpine, resolving concerns regarding ingress and egress, height and placement of the proposed home. Those neighbors are in favor of the new home. Post cards have been mailed to all of the neighbors inviting them to stop by the property this Saturday, (May 21, 2009, between 9:00 and 11:00 AM) to ask questions or state concerns about the proposed new construction. Plans will also be available to those who want them. Barre Barnes has done an exemplary job of public outreach and communication with the neighbors. Regards, Don Perry Don Perry Mobile: (408)656-1898 Fax: (408) 354-5991 Email: Don(a~PerryAdvanta e com Website: http://www.PerryAdvantage,com F-xhibit 13 file://C:\Documents and Settings\sbaily. LOS GATOS CA\Local Settings\Temp\XPgrpwise... 05/21/2009 ti lq S! ~03 Q qF s ~=w; < I II-III'. 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Baily AICP, Senior Planner APPLICATION NO.: S-04-64 and ND-07-147 LOCATION: 26 Alpine Avenue (south of E. Main Street) APPLICANT: Holiday Drive, LLC PROPERTY OWNER: Holiday Drive, LLC CONTACT PERSON: Barre Barnes APPLICATION ITEM NO: 2 ADDENDUM SUMMARY: Requesting approval to construct a new single family residence on property zoned R-1:20. No significant environmental impacts have been identified as a result of this project, and a Mitigated Negative Declaration is recommended. APN 529-37-042 EXHIBITS: I - 20. Previously Submitted 21. Letter from Michael P. Cronk (two pages), received August 5, 2009. REMARKS : Attached is letter from a neighbor expressing concerns of the proposed project (Exhibit 21). 0)0~~ Pr ared b : App'~ ~c roved by: Sandy L. Baily, AICP Wendie R. Rooney Senior Planner Director of Community Development WRR:SLB:mdc cc: Holiday Drive LLC, 2175 De La Cruz Blvd #C, Santa Clara, CA 95050 N:IDEVIREPORTS12009lalpine26.add.doc f• ATTACBNM 3 r t RECEIVED Michael P. Cronk 27 Jackson St. Los Gatos, CA 95030 AUG 5 2009 TOWN OF LOS GATOS PLANNING 1DIVIS1061 (408) 395-4033 • michaelpcronk@aol.com August 4, 2049 Los Gatos Planning Commission c/o Sandy BaiIy Re: Proposed development at 26 Alpine Since I will be out of town on business on August 12, I am using this letter to ask the Planning Commission to uphold staff's original recommendation that the proposed development at 26 Alpine be redesigned to reduce its mass and bull, and to reduce the size of the motor court to minimize cut and fill and tree impacts. It does not comply with the development priorities that have long been in place in the Town of Los Gatos: neighborhood corn atibili and minimal environmental impact. 1. This home may have an Alpine address, but it will be most visible and intrusive to the Jackson-Oak Hill-Villa neighborhood. Its mass and scale does not blend in with the character of our neighborhood. The proposed house is two and three times the size of most of the homes in our established neighborhood. As stated in staff's March, 2009 report "The proposed home would be most visible from Jackson" which also cautioned that "the two-story height on the downhill side of the home combined with the proposed retaining wall for the motor courtyard could significantly change views from Jackson." 2. The cellar policy is designed to reduce the bulk of a home, not to add square footage. A 1,382 square foot cellar, which is highly visible from the north elevation, is not reducing bulk. The right side elevation of the proposed home as shown on page A4 of the plans appears massive and is of great concern to us in our neighborhood, as well as to the Town's Consulting Architect. 3. The 1,474 cubic yards of cut and export of 1,334 cubic yards is significant and indicates the difficulty in trying to build a home of this size on this steep lot. 4. Surface runoff from 4,633 square feet of impervious surface development (house, driveways, walks, decks) wiII be collected in drainage pipes and flow overland to the creek channel which passes through tfie front yards of fi ve Jackson Street homes to -the south. This creels has flooded in the past, and is often near capacity during heavy rainfalls. Additional runoff flowing into the creek will increase the likelihood of flooding again in the future. Although we also expressed concern about the runoff we already experience in our backyard from this property, the development has not contacted us to learn more or to offer assurance of a solution if the construction of this project maintains or increases runoff into our yard. MIBIT 21 We feel that the impact of this proposed home on our home and our neighborhood is not being considered with respect by the developer who has made no effort to contact the downhill neighbors in the past two years. We understand that he is trying to protect his investment in this lot, but we are trying to protect the character of our neighborhood and our quality of life. The proposed house will significantly impact our home in particular, reducing our privacy and, according to their shadow studies, our access to daylight during winter months. And, as stated before, will be out of character for the neighborhood that is on the property s nortan sou boundaries. Policy framework set by original Planning Commission decision In 1991, when the subdivision of property owned by former Los Gatos Mayor Mardi Bennett was proposed, the Planning Commission expressed serious concerns about the build-ability of Lot 1, now known as 26 Alpine. [See transcript of the Sept. 25, 1991 Planning Commission meeting submitted with my letter of May 20, 2009.1 Commissioner Pat O'Laughlin said he was troubled because the subdivision met the technical requirements, but that he had concerns. about "grading, tree removal, impact on the creek, privacy, shadow studies, the square footage of buildings and how obtrusive they might be." What happens when a developer comes in later for plans for Lot 1 with a different Commission, Mr. O'Laughlin queried. "They ['the Planning Commissioners] have a gun to their head because someone comes in and says Y paid a lot of money for this lot, its 20, 000 square feet, and I want to build this kind of house."' At the suggestion of then Planning Director Lee Bowman, the 1991 Planning Commission decided to set parameters for development on this property that would allay some of their concerns. of what could happen in the future. These included: ■ An upper limit of 2,500 square feet ["The size of house we would be looking for to try to maintain compatibility with the neighborhood," according to Commissioner Chase. "2,500 is generous, given the sensitivity of the area," stated Commissioner Abkin. No removal of specimen trees ■ Compliance with the Hillside Standards for cut and fill [Commissioner Rudolph clarified that "the intent is to be restrictive" when it comes to grading on this parcel.] The concerns and intent of the Planning Commission are clear. What they feared - that a project too large (4,465 square feet of development including two-story house, cellar, storage area, and 3- car garage) and with too many environmental impacts - is now proposed for Lot 1 of the subdivision they permitted. Please note that the Planning Commission's concerns were focused on Lot t. What was. approved- and. built on L- ots..2-and 3 is not relevant because their topography is quite different and did not raise any red flags to the Planning Commission. 't'hank you for considering the significant impact of this proposed development on our home and neighborhood. Sincerely, Michael P. Cronk VIN TOWN OF LOS GATOS PLANNING COMMISSION STAFF REPORT s cAt°g Meeting Date: May 27, 2009 PREPARED BY: Sandy L. Baily, Associate Planner APPLICATION NO.: S-04-64 and ND-07-147 LOCATION: 26 Alpine Avenue (south of E. Main Street) APPLICANT: Holiday Drive, LLC PROPERTY OWNER: Holiday Drive, LLC CONTACT PERSON: Barre Barnes APPLICATION ITEM NO.: 3 DESK ITEM SUMMARY: Requesting approval to construct a new single family residence on property zoned R-1:20. No significant environmental impacts have been identified as a result of this project, and a Mitigated Negative Declaration is recommended. APN 529-37-042 EXHIBITS: 1 - 14. Previously Submitted 15. Email from Pamela Nerney (one page), received May 26, 2009. 16. Petition in support of project (one page), received May 27, 2009. REMARKS: Attached is an email from a neighbor expressing concerns of the proposed project (Exhibit 15) and a petition in support of the project (Exhibit 16). Town staff is aware of the existing traffic concerns and potential construction impacts along Alpine Avenue. The draft conditions of approval include several conditions which require a construction management plan, construction parking restrictions, and dust control measures. In response to the neighbor's concern, the following condition of approval could be required if the project is approved: NEIGHBORHOOD NOTIFICATION: Prior to any construction work at the site (which includes tree removal and/or grading), the developer shall provide written notice of the construction schedule to property owners and occupants within 300 feet of the subject property and for all properties on Alpine Avenue. A copy of this notice shall be provided to the Town. The notice shall include a local phone number to call the developer or their representative in the event of questions or construction concerns/complaints. The noticed area shall be approved by the Town. A draft copy of this notice shall be provided to and approved by the Town prior to the issuance of a tree removal and/or grading/building ATncmmNT 4 Planning Commission Staff Report - Page 2 26 Al-pine/S-04-064 May 27, 2009 permit. In addition, the developer shall initiate a monthly neighborhood e-mail notification program once construction begins to provide project status updates. The e-mail notices will also be posted on a bulletin board placed in a prominent location along the project perimeter of Alpine Avenue. Qar b Sandy L. Baily, AICP Associate Planner WRR:SLB:mdc N:IDEVIREPORTS120091alpine26.dsk.doc 4 G Approved by: Wendie R. Rooney Director of Community Development Page 1 of 1 Sandy Bally - 26 Alpine Ave From: Pamela Nerney <p.nerney@verizon.net> To: Don Perry <Don@PerryAdvantage.com>, Anne Walker <Awalker@camoves.com>, Project Manager <BarreBames@verizon.net> Date: 05/26/2009 10:57 AM Subject: 26 Alpine Ave CC: Kathryn Knudsen <kathryn.knudsen@me.com>, Kathryn Knudsen <kathryn.knudson@mac.com>, Leonard Viale <leonardviale@msn.corn>, Bruce and Connie Mitchell <mitchvalue@aol.com>, Greg Walker <greg.walker@verizon.net>, Greg Larson <manager@losgatosca.gov>, Greg Larson <giarson@losgatosca.gov>, <planning@losgatosca.gov>, <building@losgatosca.gov>, <sbaily@losgatosca.gov>, <jsavage@losgatosca.gov>, Janice Gali <jagjog@yahoo.com>, Doug and Cheryl Rice <dougrice@juno.com>, JR Langer <JLanger@losgatosca.gov> Attachments: losgatos.granicus.com/AgendaViewer.php?view-id=2&event-id=50 We received an invitation from Don Perry (reactor) to attend an informational meeting May 23 on site 26 Alpine Ave. Thursday May 21 and due to the short notice were unable to attend, as were many other neighbors. We will be attending the Town's meeting tomorrow evening May 27th in Council Chambers. We have included for Alpine residents an attachment which includes extensive background on the proposed development of this property (scroll down to "New Public Hearings" under 26 Alpine Ave and click on green link). Along with any concerns we may have about the actual plans regarding size of home, increased parking problems, extensive tree removal, view obstruction and general concerns about any drastic change to the overall environment and beauty of our street we have serious concerns about the actual construction phase which we would also like to see addressed. The possibility of monthslyears of multiple contractors/subs parking up and down the street in front of our homes with little supervision come to mind, turning our narrow street into a dangerous and long term construction zone. You may or may not be aware that the residents of Alpine Ave have had long discussions with the Town over the past few years on how to mitigate existing parking and speeding parking/safety issues on the street coming from the high school and the businesses at the bottom of our street. This proposed construction would obviously exacerbate this situation. We will look forward to finding out what the detailed strategy is for construction, including for example: . Parking restrictions for contractors/subs and how this will be managed " G16ntact-inforrhatiorn `for-AL0ine- Msidi~hts f0rproblem'solvirig . details for construction cleanup, sidewalk maintenance, general keep up of site . periodical updates on schedule for completion We look forward to an informative and productive meeting tomorrow night. EXHIBIT 15 filc:HC:1Documents and Settingslsbaily.LOSGATOSCA1Loca1 SettingslTcmplXPgrpwise... 05/26/2009 Sandy Baily Pianning Department Town' of Los Gates 110 E. Main Street Los Gags, CA 95030 44ay 23, 2009 Re; Protect. at.26 Alpine avenue We, the undersigned, are neighbors and rA a suMort the project. 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L s.S .•.q .C H r-i ~ U u a 3 N ' QS iU C H 41 rd -4 4J o ~4 ° t; y 0) -1 O 41 O CO N O1 J-~ . 0 ~4 44 r-i >1 is W r-I O w h U ny o N V C l ' O L.s i .i Q) • N O A 4) 0 ~ b ~ ~ 44 *d p. Z • O b) ~ • • 4 iL h 41 w w w C 7 C 0 4 m W 0 u m " u w : a x v 1J H o a u a o m O in o En ~q a u (n x u 4-1 ,c5 • N S] A r •41 br H I ? rH N H S 3c tn v 10 (d b a 'C 17 co m a R 44 r($ ; k -4 -A Ea 0 4 Q) V li rd 4) fo 10 .-I N <+Y dr I[t ~u h fO a ei .-i .-I .i .-I ~O h W O1 0 .-e N M [a N .-I .-I H W N N N N N O N r C%l L 7 °a H a U F4 2 C'4 F-I M a a En L H 0 w" TOWN OF LOS GATOS PLANNING COMMISSION STAFF REPORT lps cAZp4 Meeting Date: July S, 2009 PREPARED BY: Sandy L. Bally, Associate Planner APPLICATION NO.: S-04-64 and ND-07-147 LOCATION: 26 Alpine Avenue (south of E. Main Street) APPLICANT: Holiday Drive, LLC PROPERTY OWNER: Holiday Drive, LLC CONTACT PERSON: Barre Barnes APPLICATION ITEM NO.2 SUMMARY: Requesting approval to construct a new single family residence on property zoned R-1:20. No significant environmental impacts have been identified as a result of this project, and a Mitigated Negative Declaration is recommended. APN 529-37-042 REMARKS : The applicant has requested that this matter be continued to the meeting of August 12, 2009 to allow additional time to consider alternatives to the plan. Cat n. L il~LSA Prepared by: dy L. Bally, AICP Associate Planner WRR:SLB:cgt NADEVIREP0RTS120091a1pine26. Ldoc ~f-j' d. L , ~ 7, f, " Approved by: Wendie R. Rooney Director of Community Development ATTACHMENT 6 " TOWN OF LOS GATOS PLANNING COMMISSION STAFF REPORT ~o cAt Meeting Date: August 12, 2009 PREPARED BY: Sandy L. Baily AICP, Senior Planner APPLICATION NO.: S-04-64 and ND-07-147 LOCATION: 26 Alpine Avenue (south of E. Main Street) APPLICANT: Holiday Drive, LLC PROPERTY OWNER: Holiday Drive, LLC CONTACT PERSON: Barre Barnes APPLICATION ITEM NO: 2 SUMMARY: Requesting approval to construct a new single family residence on property zoned R-1:20. No significant environmental impacts have been identified as a result of this project and a Mitigated Negative Declaration is recommended. APN 529-37-042. 'I DEEMED COMPLETE: May 4, 2009 FINAL DATE TO TAKE ACTION: November 4, 2009 RECOMMENDATION: Based on the project's inconsistency with General Plan and Town Code policies, staffs recommends denial of Architecture and Site application S-04-64. PROJECT DATA: General Plan Designation: Low Density Residential Zoning Designation: Applicable Plans & Standards Parcel Size: Surrounding Area: R-1:20 Residential Design Guidelines 20,271 sq ft _ Existing Land Use General Plan Zoning North Single Family _ Medium Density R-ID East _ Single Family Low Density R-1:20 South Single Family _ Low Density R-1:20 Nest Single Family Medium Density and Low Density R-1D and R ATTACHtfMT 7 Tr G ~ Planning Commission Staff Report - Page 2 26 Alpine/S-04-064 August 12, 2009 CEQA: It has been determined that the project will not have a significant impact on the environment and a Mitigated Negative Declaration has been prepared. CONSIDERATIONS: As required by Section 29.20.150 of the Town Code for Architecture and Site applications. ACTION: The decision of the Planning Commission is final unless appealed within ten days. EXHIBITS: 1-16 Previously Submitted 17. Minutes from the Planning Commission meeting of May 27, 2009. 18. Revised recommended conditions of approval. 19. Letter of Justification, (three pages), received August 3, 2009. 20. Revised sheets of the development plans (five sheets), received August 3, 2009. BACKGROUND: On May 27, 2009, the Planning Commission considered an application to construct a new single family residence. The Commission accepted public testimony and, following discussion, continued the-matter to the meeting of July 8, 2009 with the direction that the applicant considers suggestions by staff or other alternatives to reduce the mass of the structure and the height of the auto court. At the July 8, 2009 meeting the Planning Commission continued this matter, at the applicant's request, with no discussion, to the meeting of August 12, 2009. ANALYSIS: A. Modifications to the Proposal Auto Court: The applicant submitted a -letter, of justification (Exhibit 19) and revised plans for the modified sheets (Exhibit 20) in an attempt to address issues from the May 27, 2009 Planning Commission hearing. The only plan change the applicant is proposing is to the auto court area. The backup area from the garage and the height of the auto court retaining wall has been reduced and the three car garage has been reduced to a two car garage. The original proposal had a backup of 30 to 35 feet. The applicant has redesigned the plans to provide the minimum backup distance of 25 feet. By reducing the number of spaces in the garage and the backup area, the retaining wall height has decreased from a range of two (2) to nine (9) r l' Planning Commission Staff Report - Page 3 26 Alpine/S-04-064 August 12, 2009 feet to a range in height from approximately one (1) to seven (7) feet four inches. The proposed fill has also been reduced from 140 cubic yards to 40 cubic yards which has increased the export from the site from 1,334 cubic yards to 1,434 cubic yards. The redesign has pushed the garage doors closer together which leaves a barren wall along the south elevation. The applicant is proposing to add some fenestration to break up the blank portion of the wall and these plans will be incorporated as Exhibit 20 of this report. Since information was not submitted in time for staff to evaluate the changes, a condition has been included that the final architectural detailing shall be approved by staff. Structure Mass and Scale: The applicant also discussed with staff reducing the length of the house by approximately 14 feet and shifting the square footage removed to the north side of the house in the patio area. Although this idea was raised by the applicant, the applicant is opposed to this scenario and does not wish to pursue this as an alternative. The applicant's justification for making no additional changes to the plans is as follows: • More grading would be created. • Increase in construction traffic due to additional grading. + Heights of retaining walls at the rear of the house will be increased. + Increase pressures on upper walls and could impact trees. Staff note: The upper walls can be engineered where the increased pressures would not be an impact. Staff contacted the Town's Consulting Arborist and based on a preliminary analysis, the house could be pushed northerly into the patio area without impacting trees. Further analysis would be required based on revised plans. • Loss of rear yard would increase need for decks on downhill elevation. • Added decks to downhill elevation would increase mass. Staff requested that the applicant provide quantity information for the justification provided to further explain the above noted grading impacts in the final letter submitted (Exhibit 19). This was not done. CONCLUSION AND RECOMMENDATION: A. Conclusion As stated in the previous report, the lot is challenging to develop due to the steep slope and the location of trees and the creek. Although the front of the house has a low profile and is designed to be sensitive to the neighborhood, staff still has concerns with the mass and scale of the right side elevation. The applicant has worked with staff to modify the auto court area which has reduced the mass of the retaining wall which staff strongly supports. The applicant however, is not interested in looking at any redesign to the house and staff does not believe that the applicant has provided sufficient justification to support this proposal. Staff Planning Commission Staff Report - Page 4 26 Alpine/S-04-064 August 12, 2009 considered the following goals and policies from the General Plan for land use and community-design and the-following sections-of-the Town Code for considering architecture and site applications in making this determination: General Plan L. G.2.2 To reduce the visual impact that new construction andlor remodeling has on our town and its neighborhoods. Staff Note: As discussed in the report, staff has concern that the proposed house has not been designed to minimize the mass of the south elevation. L.P.2.1 Review all development applications in light of the overall mass and scale of the development. Staff Note: The applicant has not provided adequate analysis of the site constraints with alternative designs to justify the mass of the south elevation. L.P.2.3 Encourage basements and cellars to provide "hidden " sq. ft. in-lieu of visible mass. Staff Note: Cellars are exempt from the FAR calculations, however, when incorporating a cellar in a house design; substantial efforts are to be made to reduce the visible mass of the structure. As noted above, staff has not been provided with adequate evidence which supports that substantial efforts have been made to reduce the mass. CD.P.1.7 - New structures, remodels, landscapes and hardscapes shall be designed to harmonize and blend with the scale and rhythm of the neighborhood and natural features in the area. Staff Note: The subject lot is located between small and large size houses on a steep slope. Staff does not believe that the mass of the south elevation fits with the natural features of the lot. CD.P.2.4 - Reducing Visible Mass: Effective visible mass shall be reduced through such means as stepping structures up and down the hillside, a maximum of two stories shall be visible from every elevation following the natural contours, and limiting the height and mass of the wall plane. Staff Note: As described in the report, sufficient justification has not been provided to illustrate that a house cannot be designed which reduces the mass of the south elevation. Town Code 29.20.150(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. Staff Note: See staff's notes above. Planning Commission Staff Report - Page 5 26 Alpine/S-04-064 August 12, 2009 29.20.150(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. Staff Note: See staff's notes above. B. Recommendation Since the applicant has not provided sufficient and timely justification to support their request that this is the best design for the property and that they wish to proceed with the project as proposed, staff recommends that the project be denied. If the Commission finds merit with the proposal, the following actions should be taken to approve the Architecture and Site application; 1. Make the Negative Declaration (Exhibit 2); 2. Adopt the Mitigation. Monitoring Program (Exhibit 3) 3. Find that the project is consistent with the considerations for approval of Architecture and Site applications (Exhibit 4); and 4. Approve Architecture and Site application S-04-64 subject to the conditions in Exhibit 18. The conditions include the comment from the Initial Study prohibiting construction access across the creek (condition 65), the incorporation of the revised auto court area (condition 1) and the addition of an architectural element to break up the wall of the garage on the south elevation (condition 3). Pre by: Sandy L. Baily, AICP Senior Planner A0 Approved by: Wendie R. Rooney Director of Community Development WRR:SLB cc: Holiday Drive LLC, 2175 De La Cruz Blvd #C, Santa Clara, CA 95050 N:IDEVIREP ORTWO091alpine26.2.doc C E Town Manager Greg Larson • Commented this is an invol ary loan allowed by Proposition 1 A by the voters which amounts to about $950, that can be borrowed for up to three years with interest. The State is also conside ' g taking the gas tax revenue which is roughly.$ 5 50,000 which largely pays for street re irs. Town Council recently adopted a resolution calling on the State to not look at local vernment to solve their problems and to not pass down additional unfunded mandates. t was recommended to Council that the $950,000 come out of the reserves since it is a 1 and would be repaid in three years, unless a ballot measure is passed which would el' ' ate the loan repayment requirement. NEW PUBLIC HEARINGS 3. 26 Alnin.e Avenue. Architecture and Site Application 5-04-64, Negative Declaration ND- 07-147. Requesting approval to construct a new single family residence on property zoned R-1:20. No significant environmental impacts have been identified as a result of this project and a Mitigated Negative Declaration is recommended. APN 529-37-042. PROPERTY OWNERIAPPLICANT: Holiday Drive, LLC. Associate Planner Sandy Baily reminded the Commission about the Desk Item and presented the staff report. Commissioner Marico Sayoc • Asked about the cut and fill issue. Associate Planner Sandy Baily Commented the Hillside Development Standards iii 1991 did not include cut and fill requirements. Vice Chair John Bourgeois • Reviewed-conditions of approval for subdivision: questioned if the upper limit of 2,500 square feet included a cellar, and requested definition of a specimen tree. • Asked about the nine trees that need mitigation and if there is room to mitigate these trees. Associate Sandy Baily • Commented the two other houses in the subdivision exceed 2,500 square feet and it is not known if that number includes cellars, but Town policy excludes cellars for FAR (Floor Area Ratio) calculations. • Commented that none of the trees slated for removal are considered-specimen trees, according to the Town Arborist's ratings. • Commented that if there is no room to mitigate removed trees, the money will go into a specific Town Code fiend. Commissioner Marcia Jensen • Asked for clarification on the 2,500 square foot requirement. Planning Commission Page 4 May 27, 2009 ffiIBIT 17 Associate Planner Sandy Bally • Commented the Hillside Development Standards were used as a guide during the architecture and site process and noted that the applicant complied with the square footage direction. Town Attorney Orry Korb P • Commented the 1991 Hillside ?evelopment Standards-were imposed,- accepted and never_ - challenged for the subdivision approval, but they are very relevant issues for the Architecture and Site application. Chair Thomas O'Donnell Asked what staff was recommending about Town Architect's concerns regarding right side of building and retaining wall being too massive. Commissioner Joanne Talesfore Asked for clarification about reduction in height of retaining walls. Associate Planner Sandy Bally • Commented the length of the house could be reduced or the house could be pushed further into the hill, but doing so would increase the grading quantities. • Commented the two five-foot retaining walls are on the southern property line to create the flat patio area. Chair Thomas O'Donnell opened the public hearing. t Barre Barnes, Applicant • Presented an overview of the project and stated he has worked with all the Town's consultants over the past five years and has addressed all of their concerns. Commission Questions: • Asked if applicant had considered a two-car garage. • Asked about reducing turnaround space. • Asked for clarification on removal of the rear room because of staff engineer's concerns regarding grading. • Asked if pushing house back into patio space had been considered. • Commented the only part of garage that could be reduced would be in front and would have no effect on the house. • Commented that reducing the turnaround space to the 25 foot minimum would eliminate off- street parking. • Commented there was a basement store room behind the garage underneath the dining room, but it was eliminated because it required too much grading. • Commented the patio is on the second story and does not require additional grading. Barre Barnes answered Commission questions: Planning Commission Page 5 May 27, 2009 Pamela Nerney • Referenced her e-mail to Ms. Bally and commented that Alpine Avenue is a very narrow street, there is no parking in front of the house, and the property is on a steep slope. • Commented she and several neighbors have been working with the Town about parking and speeding on Alpine Avenue. I • Commented she has concerns about where.construction trucks and equipment would park. Chair Thomas O'Donnell confirmed that all Commissioners had visited the property. Susan Corey • Commented she lives at adjacent property, that Mr. Barnes has addressed all of her issues, and she fully supports the project. Don Perry • Commented he is a real estate agent who has worked with Mr. Barnes on several properties and stated that Mr. Barnes has worked diligently to cooperate with neighbors. Requested that Commission approve plans. Ray Davis • Commented that staff report was silent regarding land use near lakes and streams. • Commented that Ms. Rooney advised him that the final project has been modified to meet the adopted guidelines and standards ._for.land use near streams which wew adopted_prior-to..__ the project being deemed complete. ' • Asked for project to be continued to look at the creek on Jackson Street. • Commented the Town of Los Gatos has not adopted a Riparian Policy, as required by law. Michael Cronk • Commented he is concerned about mass and nine-foot retaining wall. • Commented he does not understand how a cellar can be completely visible and not be part of square footage. • Referenced Don Perry's e-mail to Sandy Baily regarding a eucalyptus tree on the property. • Commented that he never received a post card inviting neighbors to view the site. Vice Chair John Bourgeois • Asked Mr. Cronk if he was the neighbor concerned about flooding and the creek. Michael Cronk -Commented his lot is down below and when there is heavy rain, the water comes- into theiT yard. Commented they had to chisel part of their flagstone patio to allow the water to drain into the creek. • Commented the project's driveway comes down and will add to the flooding. Planning Commission Page 6 May 27, 2009 Ann Walker (real estate agent for Mr. Barnes) • Commented she sent out 34 post cards for the informal gathering where neighbors expressed their comments and concerns and noted overall most neighbors were very positive and supportive. • Apologized to Mr. and Mrs. Cronk for the oversight in not sending them a post card. • Asked Commission to approve'house as designed by Mr. Barnes. Bjorn Ahlblad • Commented the project is an asset to the Town and the neighborhood. Vice Chair John Bourgeois • Asked if project is stable due to the steep slope and fault near the property. Chair Thomas O'Donnell • Asked about drainage. • Asked for clarification on how moving building. back into parking area would require more excavation. Robert Pollack, engineer for the applicant, answered Commission questions: • Commented the project will make the property more stable than it is now. • Commented he did not review drainage on the site, but believes that drainage will easily be improved. • Commented moving building back would require removing more of the hill resulting in a larger retaining wall in the back. Vice Chair John Bourgeois • Asked staff for clarification if extending the cellar portion or the second floor further back into the hill would require more grading. Commented that two options would be pushing second story toward southern property line, or pushing entire house back, but not the driveway. Associate Planner Sandy Baily Barre Barnes • Walked to the drawings on the back wall and addressed why it was not feasible to move the house back. • Commented he has worked with staff and consultants to develop a house that fits into the neighborhood, Chair Thomas O'Donnell closed the public hearing. Commission Questions: • Asked if there is a ruling about cellars being visible. • Asked if stream disturbance during construction is included in conditions noted in staff - report. [ Planning Commission Page 7 May, 27, 2009 • Asked if project would need Town. Architect to review it again if it goes back for redesign. • Asked if house complied with all regulations. • Asked if project complies with requirements put on lot when subdivision was approved. • Asked if increasing the grading increases tree impacts. • Asked how staff would recommend reducing mass of the house. • Asked staff to comment on drainage issue.. • Asked about drainage issues associated with reducing auto court entrance. Associate Planner Sandy'Baily answered Commission questions: • Commented there is a ruling on how you measure cellar mass and that you can have daylight at one portion. Basements are considered part of FAR, but the part that meets the requirement for a cellar is not included in square footage. • Commented she will look into the issue of stream disturbance during construction. • Commented that Town Architect would re-review only major redesign and that all recommendations made by Town Architect were incorporated into design. • Commented the house meets all Town Code requirements. In term's of what is applicable to the Hillside Development Standards, it cannot meet the cut and fill requirements. • Commented staff has addressed the intent and directions of the subdivision approval. • Commented trees might be saved if the length of the house was reduced. The two oak trees, that are specimen trees, must not be impacted by the changes. • Commented the right side elevation could be reduced and believes it is possible to move the structure into the hillside or reduce the length of the structure reducing size of the house. Trang Tu-Nguyen answered Commission questions: • Commented the proposed driveway, with the drainage system, collects and dissipates the water which reduces the amount of water draining into the adjacent lot. • Commented reducing auto court area would increase drainage area allowing water not to flow as naturally. Chair Thomas O'Donnell • Commented this is a difficult lot that was approved and applying current rules makes it difficult. • Commented he is not clear if sending it back per staff s suggestions would make it better, but if it is sent back, the Commission should offer good suggestions for improvement. If approved, any conditions should be included. Motion by Commissioner Marcia Jensen and seconded by Commissioner Philip Micciche to approve Architecture and Site Application-S-0--4-64. The required findings were made as noted in Exhibit 4 of staff report dated May 27, 2009, and the application incorporated conditions as noted in Exhibit 5, including the condition that is contained in the Desk Item dated May 27, 2009, and provided it is not part of the conditions regarding the creek. Commissioner Marcia Jensen • Commented she is moving to approve because proposal complies with Town Code restrictions and complies with subdivision conditions that were set in 1991. Planning Commission Page 8 May 27, 2009 Commented she does not believe a three-car garage is necessary for any house, but the alternatives for changing the house require more cut and fill and may impact specimen trees. Commented the Town should be careful about the design of the nine-foot retaining wall. Commented the negatives associated with staffs recommendations to reduce mass on the right side would outweigh any benefits. Commissioner Philip Micciche • Asked if it is possible to protect neighbor from run off. Town Attorney Orry Korb • Commented the project requires that certain drainage protection be included, and they would be requited to meet those conditions of approval. If there are problems in addition to that or problems that arise after approval, it becomes a private matter that the Commission would 1 7 not address. • Commented he will not support the motion because it is a very difficult lot, and perhaps the house is too much for the site and needs to be smaller. Commented he supports staff s recommendations that may require losing square footage. Vice Chair John Bourgeois Commissioner Joanne Talesfore Commented she will not support motion because she cannot go beyond the 2,500 square feet that was recommended in 1991, and would suggest reducing or removing the cellar. l Commissioner Marico Sayoc • Commented she will not support the motion because of reasons previously stated by Commissioners. Chair Thomas O'Donnell • Commented that it appears that the project is not going to get better and that the cellar is not the issue. • Commented it is not clear on what the applicant is supposed to do. Commissioner Marcia Jensen withdrew the motion. Motion by Commissioner Marico Sayoc and seconded by Commissioner Joanne Talesfore to continue Architecture and Site Application S-04-64 to J~ ly 8, 2009, with specific direction to reduce the'rtass of the structure and height of the auto zouri: as"teai eatecl-in staff report dated May 27, 2009, or other options that applicant may find in working-with Town staff. Chair Thomas O'Donnell reopened the public hearing to ask Mr. Barnes when he would be ready to come back to the Commission, and restated that the motion is for Mr. Barnes to consider suggestions by staff or some alternative to address concerns expressed by staff and Commissioners. Planning Commission page 9 May 27, 2009 Barre Barnes Commented he has worked with staff for five years and he does not know what he is supposed to do. Chair Thomas O'Donnell closed the public hearing. Motion carried 6-0 with Commissioner Charfes Erekson excused, Town Attorney Orry Korb commented the matter has been continued to July 8, 2009, and there will be no additional notice of the public hearing. 4. Declaration ND-0 - change the zone environmental 2 Negative Declaratio Space _of Los Gatos, Continuance granted to JL NEW OTHER BUSINESS 5. Report from Director of 6. Commission Matters 2009. See Requested Continuances above. a. Commissioner Marcia Jensen with Town Council regarding fi Development - None d about status of request for a joint study session development on Los Gatos Boulevard. Town Attorney Orry Korb comme ed that the application accompanying that recommendation has not yet reached tl* Council. Community Development Director We die Rooney commented the discussion from the May 13, 2009, Commission meeti and the Commission's request for a study session were added into the staff repo 15400 Los Gatos Boulevard). b. Commissioner Marcia Jensen commented tha she will not be at the July 8, 2009, Planning Commission meeting. Chair Thomas O'Donnell commented that he also ill not be able to attend the July 8, 2009, meeting and requested that the Commission dvise staff of their schedules. ADJOURNMENT 8:50 P.M. ue. Planned Development Application PD-08-001, Negative i. Requested continuance to June 24, 2009. Requesting approval to CM to CM:PD for a three story self storage building. No significant have been identified as a result of this project and a Mitigated is recommended. APN 424-31-065. PROPERTY OWNER: Extra APPLICANT: Extra Space Storage Planning Commission Page 10 May 27, 2009 CONDITIONS OF APPROVAL Planning Commission meeting of August 12, 2009 26 Alpine Avenue Architecture and Site Application S-04-64 Negative Declaration ND-07-147 Requesting approval to construct a new single family residence an property zoned R-1:20. No significant environmental impacts have been identified as a result of this project, and a Mitigated Negative Declaration is recommended. APN 529-37-042 PROPERTY OWNER/APPLICANT: Holiday Drive, LLC 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, which includes the modification to the auto court area as shown in Exhibit 20 of the report to the Planning Commission for the meeting of August 12, 2009. Any changes or modifications made to the approved plans shall be approved by the Director of Community Development, the Development Review Committee, or the Planning Commission, depending on the scope of the change(s). 2. EXPIRATION. Zoning approval will expire two years from the approval date pursuant to Section 29.20.320 of the Town Code, unless the approval has been vested. 3. ARCHITECTURAL DETAILING. The final architectural detailing for the fenestration or other architectural detailing proposed in the garage area at the south elevation shall be approved by Town staff prior to filing for a building permit. 4. TREE REMOVAL PERMIT. A Tree Removal Permit shall be obtained prior to the issuance of a Building, Grading or Encroachment Permit. 5. *ARBORIST REQUIREMENTS, The developer shall implement, at their cost, all recommendations made by the Town's Consulting Arborist identified in the Arborist's report, dated June 16, 2006, on file in the Community Development Department. A Compliance Memorandum shall be prepared and submitted with the building permit application detailing how the recommendations have or will be addressed. These recommendations must be incorporated in the building permit plans, and completed prior to issixance 'of a building permit where applicable. 6. *SCREEN TREES. Trees shall be planted west of the proposed motor courtyard to help screen views of the proposed home and retaining wall associated with the courtyard from Jackson Avenue and homes to the north and northwest. Additional landscape screening (either shrubs or trees) shall be planted as necessary along the -1- EXHIBIT 18 northern project boundary to screen views of the home from the adjacent home to the north. 7. TREE PROTECTION MEASURES. Prior to issuance of a building permit, the Town's Consulting Arborist shall review the building permit plans, at the developer's cost, to ensure all of the required tree protection measures and required mitigation-trees-have been implemented in the constructiorrplans.. The Town's Consulting Arborist shall also provide on-site consultation during construction, at the developer's expense. 8. GENERAL. All existing trees shown to remain on the plan and newly planted trees are specific subjects of approval of this plan and must remain on site. 9. NEW TREES. The new mitigation trees to be planted shall be double-staked, using rubber tree ties and shall be planted prior to occupancy. 10. PROTECTIVE FENCING. Prior to any construction or building permits being issued, the applicant shall meet with the Town's Consulting Arborist concerning the need for protective fencing around the existing trees. Such fencing is to be installed prior to, and be maintained during, construction. The fencing shall be a four foot 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. It. *NESTING BIRDS 1. If land clearing, grading, tree and brush removal, tree trimming or demolition activities are to occur during the nesting season (i.e., between February 1 and August 15), a pre-construction survey for nesting migratory birds shall be conducted by a qualified biologist from one to four weeks ~j prior to the initiation of work. If no nesting birds are observed, work may J/ proceed. If work is delayed more than four weeks from the date of the survey, and it is still within the nesting season, the pre-construction survey shall be repeated. 12. *NESTING BIRDS 2. If occupied active nests of a migratory bird species are identified, a suitable buffer shall be established around the nest tree. Work within the buffer zone shall be prohibited until August 15th or until the young have fledged, as determined by the project biologist. The dimensions of each buffer zone shall be determined by the biologist in consultation with the CDFG. Buffer zones vary depending on the species and site topography, with passerines typically requiring 75 to 100 feet and raptors 200 to 500 feet. 13. IRRIGATION. All newly planted material shall be irrigated by an in-ground system. Special care shall be taken to avoid irrigation which will endanger existing native trees and vegetation. 14. *ARCHAELOGIC-AIr -In the-event archaeological traces-are encountered; all construction within a 50 meter radius of the find shall be halted, the Director of Community Development shall be notified and an archaeologist shall be retained to examine the find and make appropriate recommendations. 15. *NATIVE AMERICAN REMAINS. If human remains are discovered, the Santa Clara County Coroner shall immediately be notified. The Coroner will determine whether or not the remains were Native American. If the Coroner determines that -2- the remains are not subject to his or her authority, the Coroner shall notify the Native American Heritage Commission, who would attempt to identify descendants of the deceased Native American. 16. *ARCHAEOLOGICAL FIND. If the Director of Community Development finds that the archaeological find is not a significant resource, work will resume only after the submittal of a preliminary archaeological report and after provision for reburial and ongoing monitoring are accepted. Provisions for identifying descendants of a deceased Native American and for reburial will follow the protocol set forth in Section 15064.5 of the CEQA Guidelines. If the site is found to be a significant archaeological site, a mitigation program must be prepared and submitted to the Director of Community Development for consideration and approval, in conformance with the protocol set forth in Public Resources Code Section 21083.2. 17. *FINAL ARCHAEOLOGICAL REPORT. A final report shall be prepared at the applicant's cost when a find is determined to be a significant archaeological site and/or when Native American remains are found on the site. The final report shall include background information on the completed work, a description and list of identified resources, the disposition and curation of these resources, any testing, other recovered information, and conclusions. 18. 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. 19. ENERGY EFFICIENCY. Energy efficiency measures shall be incorporated into the proposed residence to the maximum extent feasible. These measures shall be identified prior to the issuance of a building permit. 20. 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, 21. STORY POLES. The story poles on the project site shall be removed within 30 days of approval of the Architecture & Site application 22. 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 Planning Division prior to installation. 23. ROCK W LL/PILL,ARS. -The wall and two rock pillars along Alpine Avenue shall be protected during construction and shall remain. 24. NEIGHBORHOOD NOTIFICATION. Prior to any construction work at the site, (which includes tree removal and/or grading), the developer shall provide written notice of the construction schedule to property owners and occupants within 300 feet of the subject property and for all properties on Alpine Avenue. A copy of this notice shall be provided to the Town. The notice shall include a local phone -3- number to call the developer or their representative in the event of questions or construction concerns/complaints. The noticed area shall be approved by the Town. A draft copy of this notice shall be provided to and approved by the Town prior to the issuance of a tree removal and/or grading/building permit. In addition, the developer shall initiate a monthly neighborhood e-mail notification program once-construction begins to-provide project-status updates. The-e-mail notices will also be posted on a bulletin board placed in a prominent location along the project perimeter of Alpine Avenue. (Building Division) 25. PERMITS REQUIRED: A building permit shall be required for the construction of the new single family residence and detached. Separate permits are required for electrical, mechanical, and plumbing work as necessary. 26. Projects will be required to 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. 27. 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. 28. SIZE OF PLANS: For sets of construction plans, maximum size 24" x 36." 29. 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. 30. SHORING: Shoring plans and calculations will be required for all excavations which exceed four (4) feet in depth or which remove lateral support from any existing building, adjacent property or the public right-of-way. Shoring plans and calculations shall be prepared by a California licensed engineer and shall conform to Cal/OSHA regulations. 31. FOUNDATION INSPECTIONS: A pad certificate prepared by a licensed civil engineer or land surveyor shall be submitted to the project building inspector at foundation inspection. This certificate shall certify compliance with the recommendations as specified in the soils report; and, the building pad elevation, on-site retaining wall locations and elevations are prepared according to approved prans: Horizorifdr drid- ertical c6ntr6ls'shalrbe set annd certif ed 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 { -4- 32, 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 1-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. 33. TITLE 24 ENERGY COMPLIANCE: California Title 24 Energy Compliance forms CF-1R, MF-1R, and WS-5R must be blue-lined on the plans. 34. 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. 35. TOWN FIREPLACE STANDARDS: New wood burning fireplaces shall be an EPA Phase II approved appliance as per Town Ordinance 1905. Tree limbs shall be cut within 10-feet of chimneys. 36. HAZARDOUS FIRE ZONE: The project requires a Class A assembly. 37. WILDLAND-URBAN INTERFACE: This project is located in a Wildlife Urban Interface Fire Area and must comply with Chapter 7A of the 2007 California Building Code. 38. PROVIDE DEFENSIBLE SPACE/FIRE BREAK LANDSCAPING PLAN prepared by a California licensed architect in conformance with California Public Resources Code 4291 and California Government Code Section 51182. 39. PRIOR TO FINAL INSPECTION, provide a letter from a California registered architect certifying the landscaping and vegetation clearance requirements have been completed per the California Public Resources Code 4291 and Government Code Section 51182. 40. 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 online at www.losgatosea.gov/buildin 41. NONPOINT SOURCE POLLUTION STANDARDS SHEET: The Town standard Santa Clara County Valley Nonpoint Source Pollution Control Program Sheet (or Clean Bay Sheet 2406) shall be part of the plan submittal as the second -5- specification sheet is available at the Building Division Service Counter for a fee of $2 or at San Jose Blue Print for a fee. ' 42. PLANS: The construction plans shall be prepared under the direct supervision of a licensed architect or engineer. (Business and Professionals Code Section 5538) 43. APPROVALS REQUIRED: The project requires the following departments and agencies-approval before-issuing a-building-permit: a. Community Development - Planning Division: Sandy Baily at 354-6873 b. Enginecring/Parks & Public Works Department: Fletcher Parsons at 395- 3460 c. Santa Clara County Fire Department: (408) 378-4010 d. West Valley Sanitation District: (408) 378-2407 e. Local School District: The Town will forward the paperwork to the appropriate school district(s) for processing. A copy of the paid receipt is required prior to permit issuance. TO THE SATISFACTION OF THE DIRECTOR OF PARKS AND PUBLIC WORKS: (Engineering Division) 44. * GEOTECHNICAL. In order to minimize the potential impacts resulting from local and regional seismic activity as well as soil engineering constraints, the project design shall incorporate. all applicable recommendations in the Hallenbeck/Allwest Associates geotechnical update (dated October 8, 2008) for the proposed project (included as Attachment 2 of the Initial Study). 45. *GEOTECHNICAL ENGINEER. During construction, the project geotechnical engineer shall observe the excavation for the site grading, drilling and construction of drilled piers (to determine if the subsurface conditions are similar to those assumed in the above geotechnical recommendations), and drainage improvements. 46, *RIP RAP/DRAINAGE. If rip rap or any drainage improvements are extended to the top of bank, the USACE and CDFG should be consulted to determine their jurisdiction over these improvements. In the event that federal and/or state agency jurisdiction applies to drainage modifications required by the Town, the project applicant would need to obtain the appropriate permits as determined by the CDFG and USACE. 47. ROCK WALL/PILLARS. Protective fencing, subject to Town review and approval, shall be provided to protect the historic stone wall and driveway entry pillars from damage during construction. 48. SANITARY SEWER. The sanitary sewer shall be connected to existing facilities on Alpine Avenue. 49. JACKSON AVENUE. Street improvements shall be made to Jackson Avenue along the project frontage. The specific scope of improvements shall be determined by the Town Engineer prior to issuance of a Building Permit, and the improvements shall be completed prior to issuance of a Certificate of Occupancy. 50. SHORING PLAN. All excavations shall conform to OSHA standards. A shoring plan shall be submitted and approved prior to issuance of any permit. -6- 51. 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. 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. 52. TREE REMOVAL. Copies of all necessary tree removal permits shall be provided prior to issuance of a grading permit. 53. 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 54. SOILS ENGINEER CONSTRUCTION OBSERVATION. During construction, all excavations and grading shall be inspected by the applicant's soils engineer prior to placement of concrete and/or backfill so they can verify that the actual conditions are as anticipated in the design-level geotechnical report, and recommend appropriate changes in the recommendations contained in the report, if necessary. The results of the construction observation and testing should be documented in an "as-built" letter/report prepared by the applicants' soils engineer and submitted to the Town before final release of any occupancy permit is granted. 55. PAD CERTIFICATION. A letter from a licensed land surveyor shall be provided stating that the building foundation was constructed in accordance with the approved plans shall be provided subsequent to foundation construction and prior to construction on the structure. The pad certification shall address both vertical and horizontal foundation placement. 56. 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- cornrnencing-work -and that a copy of the project conditions of approval will be posted on site at all times during construction. 57. 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. -7- 58, 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, and 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 Pr-ofessio..ns..Code. 59. 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. 60. TRAFFIC IMPACT MITIGATION FEE. The developer shall pay a proportional the project's share of transportation improvements needed to serve cumulative development within the Town of Los Gatos. The fee amount will be based upon the Town Council resolution in effect at the time the building permit is issued. The fee shall be paid before issuance of a building permit. The traffic impact mitigation fee for this project using the current fee schedule is $5,742. The final fee shall be calculated form the final plans using the rate schedule in effect at the time the building permit is issued. 61. GENERAL. All public improvements shall be made according to the latest adopted Town Standard Drawings and the Town Standard Specifications. All work shall conform to the applicable Town ordinances. The adjacent public right- of-way shall be kept clear of all job related dirt and debris at the end of the day. Dirt and debris shall not be washed into storm drainage facilities. The storing of goods and materials on the sidewalk and/or the street will not be allowed unless a special permit is issued. The developer's representative in charge shall be at the job site during all working hours. Failure to maintain the public right-of-way according to this condition may result in the Town performing the required maintenance at the developer's expense. 62. 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. 63. 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. 64. -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 -8- 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. 65. CREEK PROTECTION. The transportation of any construction equipment or material across the creek is prohibited. Plywood debris fences shall be constructed at the downhill grading limit to prevent rocks/soil from migrating into riparian areas. 66. DUST CONTROL. Blowing dust shall be reduced by timing construction activities so that paving and building construction begin as soon as possible after completion of grading, and by landscaping disturbed soils as soon as possible. Further, water trucks shall be present and in use at the construction site. All portions of the site subject to blowing dust shall be watered as often as deemed necessary by the Town, or a minimum of three times daily, or apply (non-toxic) soil stabilizers on all unpaved access roads, parking areas, and staging areas at construction sites in order to insure proper control of blowing dust for the duration of the project. Watering on public streets shall not occur. Streets will be cleaned by street sweepers or by hand as often as deemed necessary by the Town Engineer, or at least once a day. Watering associated with on-site construction activity shall take place between the hours of 8 a.m. and 5 p.m. and shall include at least one late-afternoon watering to minimize the effects of blowing dust. All public streets soiled or littered due to this construction activity shall be cleaned and swept on a daily basis during the workweek to the satisfaction of the Town. Demolition or earthwork activities shall be halted when wind speeds (instantaneous gusts) exceed 25 MPH. All trucks hauling soil, sand, or other loose debris shall be covered. 67. CONSTRUCTION MANAGEMENT PLAN. The Applicant shall submit a construction management plan that shall incorporate at a minimum the Earth Movement Plan, Traffic Control Plan, construction staging area, and construction trailer. 68. 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): - - 69. SITE DRAINAGE. Rainwater leaders shall be discharged to splash blocks unless otherwise specifically stated on plans. No through curb drains will be allowed. 70. NPDES. On-site drainage systems shall include a filtration device such as a bio- swale or permeable pavement to the satisfaction of the Town Engineer. 71. 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- -9- 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. 72. 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. 73. 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. 74. 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. 75. 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. 76. PRECONSTRUCTION PAVEMENT SURVEY Prior to issuance of a Grading Permit, the project Applicant shall complete a pavement condition survey documenting the extent of existing pavement defects using a 35-mm or digital video camera. The survey shall extend along Alpine Road from the project's southern boundary along the public frontage to the intersection with Los Gatos Boulevard/E. Main Street. The results shall be documented in a report and submitted to the Town for review. 77. POSTCONSTRUCTION PAVEMENT SURVEY. The project Applicant will complete a pavement condition survey to determine whether road damage occurred as a result of project construction. Rehabilitation improvements required -to restore the pavement- to- pre-construction condition shall be deter-mined. 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 final occupancy. 78. DRIVEWAY APPROACH. The developer shall install one Town standard residential driveway approach. The new driveway approach shall be constructed per Town Standard Details. - 10- 79. 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. 80. 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. 81. 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. 82. 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. 83. 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. - 11 - TO THE SATISFACTION OF SANTA CLARA COUNTY FIRE 84. FIRE SPRINKLER. The building shall be protected throughout by an approved, automatic fire sprinkler system, hydraulically designed per National Fire Protection Association (NFPA) Standard #131). A State of California licensed fire protection -contractor shall-submit plans,-calculations, a completed permit application and - appropriate fees to this department for review and approval prior to beginning work. SS. PREMISE IDENTIFICATION. Approved numbers or addresses shall be placed on all new buildings in such a position to be plainly visible and legible from the street or road fronting the property. Numbers shall contrast with their background. `Required as a Mitigation Measure N:1DEVICONDITNS120091alpine26, doc -12- Town of Los Gatos Community Development 110 East Main Street Los Gatos, Ca. 95031 Planning Department Planning Commission Re: Justification Letter 26 Alpine Ave. July 10,2009 I`7-D AUG 3 2009 TOWN OF LOS GA'TC,)S PLANNING DIVISION After purchasing this property in 2004, we began working on a design for a new home that would both complement the neighborhood and utilize this particular site. Our Architecture and Site Application process started 6-8-04. The characteristics of this site lend it to a daylight basement design. Using this type of construction we would minimize the grading, keep the downhill elevation to a maximum two story height and stay with in the R1-20 Zoning. After being continued from the Planning Commission meeting of May 27, 2009, we met with Planning and Engineering to work with them on the design to address the concerns of the Commission and neighbors. We investigated shorting the house at the rear and digging the house further into the bank. By doing this we would create more grading, an added any footage into the hill. Increase hauling over neighbor streets. Increase heights of retaining walls at rear of house. Increase pressures on the upper walls and could impact trees. Loss of rear yard would increase need for decks on down hill elevation. Added decks to down hill elevation would increase mass not reduce it. Even with 15 feet removed at the rear of the house the down hill elevation wouldn't be affected (see attached rendering) We also investigated redesigning and reducing the total overall square footage of the home. Stepping the house down the hill would create a larger mass from the Jackson Street side and would encroach into the riparian corridor canopy protected areas. The existing design was used because it would fit into the existing grades. Existing design is not in Riparian Corridor. Existing design has no grading with in 25 feet of top of bank. This option in our opinion was not one that we wished to proceed with. EXHIBIT 1.9 f Working with staff we have redesigned the garage and motor court to address concerns of the Commission and Neighbors. We have: Decreased retaining walls from over nine feet to no more than seven foot four inches Reduce driveway to twenty five foot back up area. Retain off street parking. Reduce mass of driveway surface area by 15%. Move driveway twelve feet from neighbor to the east. Added curbs will protect neighbor from run off water. Storm dissipater directs water to creek away from neighbor. Retaining walls to be split face earth tones to fade into bank. After these changes in the garage, motor court, drainage and retaining walls, we feel we have achieved the best design for this site and keeping with in the neighbor hoods character. The home is placed along the West side of the property following the existing contours, at the 30 foot front set back and 66 feet to the south property line. Keeping the roofline as low as possible it will not interfere with our neighbors views, and stay with in the R1-20 required heights. Even with the topographic of this lot our design keeps the downhill elevation to a two story house. Using a mat foundation we have keep the grading to a minimum and with in the footprint of the house as requested by the Towns Consulting Arborist. Our shadow study shows by keeping the home on the upper section of the lot it gives added protection to our neighbors. There are over 50 trees on the lot that just about cover the entire site. The trees that need to be removed, with in the foot print of the house received no higher suitability for preservation rating from the Towns Consulting Arborist than Moderate to Low. We are requesting the Planning Commission Approve our Architecture and Site Application 5-04-64 tsarre harries t J soy seasa e ' d l v -'1 any am y n aauaplsau dlne3 al81ns E sauleg ULId a}cs aaua sa / }aails apil y pi H1IM 113N3N1NYd NOISE 3Y W-DI53a a?uzO}geD SO-1 anuany acidly 9Z M~6 uoI}an4suoD maN-uouapisag riImLj alSu[s Co z aauapisax sauz~g L o a 11 > > i2 m C V S7~'g aka Lij Z ln ~z .."15 96 ' rya 0.. 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" I: ~ I I I I II I IT_I IIII IIII-III-I VIII IIIIIIII~I IIIIIIIIIIIII `a 11-JJ1-1=ll1, I I -1I I; EE0E6 tlJsolaO sod 'any aulEltl 9v _ Sm 6 se a sa o t g aauapI y lr j su014Ln81g zoTZa;xg M ~ ~ g a3uapisa~ sauzUg ° H11M 03u3N1tltlJ NOISIN3~ LOi NJI53a 311111113H5 p¢ o ~ "N TOWN OF LOS GATOS PLANNING COMMISSION STAFF REPORT os Ga~o Meeting Date: August 12, 2009 PREPARED BY: Sandy L. Baily, Senior Planner APPLICATION NO.: S-04-64 and ND-07-147 LOCATION: 26 Alpine Avenue (south of E. Main Street) APPLICANT: Holiday Drive, LLC PROPERTY OWNER: Holiday Drive, LLC CONTACT PERSON: Barre Barnes APPLICATION ITEM NO.: 2 DESK ITEM SUMMARY: Requesting approval to construct a new single family residence on property zoned R-1:20. No significant environmental impacts have been identified as a result of this project, and a Mitigated Negative Declaration is recommended. APN 524-37-042 EXHIBITS: 1 - 21. Previously Submitted 22. Email from Renee and Ian Shaeffer, (two pages), received August 12, 2009. REMARKS : Attached is an email from a neighbor expressing concerns of the proposed project (Exhibit 22) l eandaily, : P Senior Planner Ile /no Approved by: Wendie R. Rooney Director of Community Development WRR: SLB N:IDEVIREPORTS120091alpine26.dsk 1. doc ATTAG MENT 8 rage i ui i Sandy Baily - Proposed development at 26 Alpine From: Renee Shaeffer <renee_shaeffer@yahoo.com> To: <sbaily@losgatosca.gov> Date: 8/11/2009 11:03 PM Subject: Proposed development at 26 Alpine CC: Renee Shaeffer <renee_shaeffer@yahoo.com>, Ian <ian_shaeffcr@yahoo.com> Attachments: creek.jpeg Renee and Ian Shaeffer 23 Jackson St Los Gatos, CA 95030 408-354-3339 rence-shaeffer@yahoo.com August 11, 2009 Los Gatos Planning Commission Re: Proposed development at 26 Alpine We are writing to express concerns about the proposed development at 26 Alpine and ask that the Planning Commission reduce the size and impact of the development. 1. The creek along Jackson has flooded in the past and even in normal rain years gets very high. Attached is a photo from 2007 where the creek was almost at the level of our bridge driveway. If additional runoff from the new property is collected and flows into the creek it is very likely to flood. 2. The home will be mostly visible from Jackson, not Alpine and does not fit into the character of that neighborhood where the houses are very modest. The proposed home will be over 3600 sq. ft. and 30 feet tall whereas the existing homes are well under 2000 sq. ft. and 1-2 stories. 3. A significant number of trees will be removed and this will also change the character of the neighborhood. 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