6 - 100 Costances Court�aWN QF MEETING DATE: 12/05/11
ITEM NO.
"Pit,
COUl®CIL AGENDA REPORT
DATE: November 18, 2011
TO: MAYOR AND TOWN COUNCIL
FROM: GREG LARSON, TOWN MANAGER
SUBJECT: INTRODUCTION OF AN ARCHITECTURE AND SITE APPLICATION S -11 -054.
PROPERTY LOCATION: 100 COSTANCES COURT. PROPERTY OWNER:
MISSION WAY LLC. APPLICANT: SANFORD HAVENS. APPELLANT:
DAVID CRITES.
CONSIDER AN APPEAL OF A PLANNING COMMISSION DECISION
APPROVING MODIFICATION OF AN APPROVED ARCHITECTURE AND
SITE APPLICATION TO CONSTRUCT A NEW SINGLE FAMILY RESIDENCE
ON PROPERTY ZONED R- 1:8:PD. APN 523 -25 -052.
RECOMMENDATION
After opening and closing the public hearing, it is recommended that:
1. The Town Council deny the appeal and uphold the decision of the Planning Commission to
approve Architecture and Site application S -11 -054 (motion required).
2. Adopt resolution denying an appeal of a Planning Commission decision to approve an
architecture and site application on property zoned R- 1:8:PD (Attachment 14) (motion
required).
A LTERNATIVES :
Alternatively, the Council may:
® Determine that the Planning Commission's decision should be reversed or modified and find
one or more of the following:
a. Where there was error or abuse of discretion on the part of the Planning Commission; or
N
� PREPARED BY : � `VVendie R. Rooney, Director of Community Development
Reviewed by: Assistant Town Manager Town Attorney Finance
N: \DEV \TC REPORTS \2011 \100 Costances Court - appeal.doc
Reformatted: 5/30/02 Revised: 11/15/119:56 AM
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: 100 COSTANCES COURT / 5 -11 -054.
November 18, 2011
b. The new information that was submitted to the Council during the appeal process was not
readily and reasonably available for submission to the Commission; or
c. 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; or
• Continue the project to a date certain with specific direction (motion required); or
• Grant the appeal and remand the project to the Planning Commission with specific direction
(Attachment 15) (motion required).
BACKGROUND
The subj ect site is Lot 1 of seven within the 15881 Linda Avenue Planned Development (PD). The
PD (PD- 08 -04) was approved by the Town Council on September 20, 2010. An Architecture and
Site application for all seven houses was approved by the Planning Commission on September 22,
2010.
In response to the discovery of a woodrat nest at the rear of Lot 1 during the Environmental
Review process, minor changes were made to the site plan and civil drawings prior to approval
that were not fully reflected on the architectural drawings. These changes created minor
differences between the approved Architecture and Site application drawings for this lot, and the
approved PD. The changes are slight modifications in the footprint of the house and the placement
of the rear deck (sheet T -2 of Exhibit 7 of Attachment 1), and minor changes to the siding, trim,
and window placement. All the changes are consistent with the approved PD. The applicant is
requesting to modify the approved Architecture and Site Application to remedy the discrepancies
and make minor architectural changes to the elevations.
DISCUSSION
A. Project Summary
The size, height, and architectural style and details remain the same for the proposed residence.
The changes proposed are slight modifications in the footprint of the house and the placement of
the rear deck (sheet T -2 of Exhibit 6 of Attachment 1), and minor changes to the siding, trim, and
window placement. All the proposed changes are consistent with the approved PD. While these
types of changes can often be handled through the Development Review Committee (DRC), the
application was referred to the Planning Commission due to past neighborhood concerns with the
PD application.
See Attachment 1 (Planning Commission staff report of October 12, 2011) for a thorough
description of the proposed project and changes.
PAGE 3
MAYOR AND TOWN COUNCIL
SUBJECT: 100 COSTANCES COURT/ S -11 -054.
November 18, 2011
B. Planning Commmission
On October 12, 2011, the Planning Commission considered a request to modify an approved
Architecture and Site application to construct a new single family residence at 100 Costances Court
(note that the street name was mistakenly referred to as Constances Court in prior reports). The
Planning Commission considered the application and materials submitted by the neighbor and took
public testimony. Based on the materials presented, the Planning Commission voted 7 -0 to approve
the Architecture and Site application. The decision was appealed to the Town Council on October
21, 2011 (Attachment 3).
C. Appeal
The decision of the Planning Commission was appealed on October 21, 2011 (Attachment 3). The
basis for the appeal is that the Planning Commission erred or abused its discretion because an EIR
amendment is required, a new or revised PD ordinance is required, and that the EIR and
subdivision are challenged in court
D. Staff Comment
The documentation submitted with the appeal is nearly an identical letter of opposition that was
submitted to the Planning Commission and addressed by staff in the Desk Item to the Planning
Commission dated October 12, 2011 (Attachment 2).
As discussed in the staff report to the Planning Commission for this application, staff has
detennined that the modifications are consistent with the approved PD and that the minor
modification to the footprint is necessary in order to comply with the mitigation measures of the
EIR in regards for construction near Ross Creek.
The EIR was certified by Town Council on September 7, 2010 and recertified by Town Council on
May 2, 2011. The EIR is current and, none of the proposed minor modifications to the
Architecture and Site require further environmental review.
Desk Item No. 3 to the Planning Commission dated October 12, 2011 addresses and responds to
appellant's legal issues regarding further environmental review, alleged violations of the
subdivision standards and the Map Act.
Appellant Crites previously raised the same issues that are set forth in this appeal in lawsuits filed
in the Santa Clara County Superior Court. The Court has denied the appellant's claims and
determined the lawsuits in the Town's favor. On May 26, 2011, the Court determined that the EIR
for the project was adequate (Exhibit 13 of Attaclunent 2). That Court ruling removed all barriers
to the Town to process building permits for the project and allowed the Applicant to construct the
proj ect.
PAGE 4
MAYOR AND TOWN COUNCIL
SUBJECT: 100 COSTANCES COURT/ 5 -11 -054.
November 18, 2011
ENVIRONMENTAL ASSESSMENT
An EIR and Mitigation Monitoring Report and Program were prepared for the project and certified
by the Town Council on September 7, 2010. The EIR was amended and recertified by the Town
Council on May 2, 2011.
CONCLUSION
It is recommended that Town Council deny the appeal and uphold the decision of the Planning
Commission to approve the Architecture and Site application, and adopt the resolution in
Attachment 14.
If Town Council deterinines that the appeal should be granted, specific findings as to how the
Planning Commission erred must be incorporated into the resolution (Attachment 15).
FISCAL IMPACT
None
Attachments
Received under separate cover
1. Report to the Plarming Commission for October 12, 2011, including all Exhibits
2. Desk Item for Planning Commission meeting of October 12, 2011
3. Appeal of the Planning Commission decision received October 21, 2011 (three pages )
4. Excerpt of Verbatim minutes from October 12, 2011, Planning Commission (six pages)
5. Building. Division Technical Review Committee Comments August 24, 2011 (three pages)
6. Public Works Technical Review Committee Comments August 24, 2011 (one page)
7. Planning Division Technical Review Committee Comments August 24, 2011 (three pages)
8. Santa Clara County Fire Department Development Review Comments August 24, 2011
(three pages)
9. Community Development Department Application Checklist (one page)
10. Development Application Supplement Hazardous Wastes and Substances Statement (one
page)
11. Public Hearing Notice, Certificate of Mailing and address list (eight pages)
12. Planning Commission Public Hearing Notice and Legal Ad (two pages)
13. Application for Development Permit (one page)
Received with this re
14. Resolution denying the appeal (three pages)
15. Resolution granting the appeal (two pages)
PAGE 5
MAYOR AND TOWN COUNCIL
SUBJECT: 100 COSTANCES COURT/ S -11 -054.
November 18, 2011
Distribution
David Crites, 15900 Rochin Terrace, Los Gatos, CA 95032
Sanford Havens, 16523 Oleander Avenue, Los Gatos, CA 95032
Mission Way Partners LLC, 214 Almendra Avenue, Los Gatos, CA 95030
Suinmers & Novick, 430 Monterey Avenue, Suite 5A, Los Gatos, CA 95030
WRR:HB:ct
NADEV\TC REPORTS\2011 \100 Costanees Court - appeal.doe
THIS PAGE
INTENTIONALLY
LEFT BUNK
oWN 0F :,. TOWN OF LOS GATOS
PLANNING COMMISSION STAFF REPORT
cos �'Atos Meeting Date: October 12, 2011
PREPARED BY: Marni F. Moseley, Associate Planner, AICP
mmoseley@los gato sea. gov
APPLICATION NO.: Architecture and Site Application S -11 -054
ITEM NO: 3
LOCATION: 100 Constances Court (Also known as 15881 Linda Avenue Lot
#1)
APPLICANT: Sanford Havens
PROPERTY OWNER: Mission Way Properties LLC
CONTACT PERSON: Galina Novick (Summers and Novick)
APPLICATION SUMMARY: Requesting approval to modify an approved Architecture and
Site application to construct a new single family residence on
property zoned R- 1:8:PD. APN 523 -25 -052
DEEMED COMPLETE: September 1, 2011
FINAL DATE TO TAKE ACTION: March 1, 2011
RECOMMENDATION: Approval subject to the recommended Conditions of Approval.
PROJECT DATA: General Plan Designation: Low Density Residential (0- 5d.u. /ac.)
Zoning Designation: R- 1:8 :PD - Single Family Residential
Applicable Plans & Standards: Residential Design Guidelines
Parcel Size: square feet
Surrounding Area:
CEQA: ® An EIR and Mitigation Monitoring Report and Program were
prepared for the project and certified by the Town Council on
September 7, 2010. The EIR was amended and recertified by the
Town Council on May 2, 2011.
FINDINGS: ■ That the proposed project is consistent with the approved PD.
ATTACHMENT I
Planning Commission Staff Report - Page 2
100 Constances Court /5 -11 -054
October 12, 2011
CONSIDERATIONS: ■ As required by Section 29.20.150 of the Town Code for granting
approval of an Architecture & Site application.
ACTION: ■ The decision of the Planning Commission is final unless appealed
within ten days.
EXHIBITS: 1. Location map
2. Required Findings and Considerations (one page)
3. Recommended Conditions of Approval (14 pages)
4. Letter of Justification (two pages), dated July 30, 2011
5. Correspondence with David Crites:
a. Letter date June 15, 2011 (one page)
b. Email dated July 12, 2011 (one page)
c. Email dated July 21, 2011 (one page)
6. Original approved elevations (one pages)
7. Development Plans (six pages), received September 14,
2011
BACKGROUND:
The subject site is lot one of seven within the 15881 Linda Avenue Planned Development (PD).
The PD (PD- 08 -04) was approved by the Town Council on September 20, 2010. An
Architecture and Site application for all seven houses was approved by the Planning Commission
on September 22, 2010.
Due to the discovery of a woodrat nest at the rear of Lot 1 during the Environmental Review
process, the site plan and civil drawings were amended which were not fully reflected on the
architectural drawings. These changes created minor differences between the approved
Architecture and Site application drawings for this lot, and the approved PD. The applicant is
requesting to modify the approved Architecture and Site Application to rectify the discrepancies
and to make some architectural changes to the elevations.
ANALYSIS
A. Architecture and Site
The size, height, and architectural style and details remain the same for the proposed residence.
The changes proposed are slight modifications in the footprint of the house and the placement of
the rear deck (sheet T -2 of Exhibit 6), and minor changes to the siding, trim, and window
placement. All the proposed changes are consistent with the approved PD. While these types of
changes can often be handled through the Development Review Committee (DRC), the
application was referred to the Planning Commission due to past neighborhood concerns with the
PD application.
Planning Commission Staff Report - Page 3
100 Constances Court /5 -11 -054
October 12, 2011
The necessary changes include:
Relocation of the front entry and dining room: The approved Architecture and Site plans did
not account for the location of a raised pad for the front entry that would effectively block the
required backup for the attached garage. The applicant has left the garage in the approved
location, and shifted the front of the house back five feet to provide the necessary paved
driveway area, and allow for additional landscaping between the house and the driveway.
Minor changes to building footprint and elevations: As a result of the relocation of the front
dining room wall, the rear and side walls have shifted slightly. The rear (north) wall has been
relocated between 2 and five feet closer to the rear (north) property line. In addition, the
stepping along the east and west walls has been modified along with the placement of several
windows. The footprint remains the same size as that shown on the approved PD, and the side
walls do not encroach any closer to the side property lines than those shown on the approved PD.
The proposed elevations do not incorporate new materials into the design, they merely modify
the amount and location, staff finds the revised elevations to be an improvement to those
approved with the original Architecture and Site application.
Rear deck: The approved Architecture and Site plans included a rear deck that abutted the
required riparian buffer. The deck was located roughly eight -feet above, and immediately
adjacent to, a four -foot high retaining wall. This resulted in the affect of a 12 -foot wall. Upon
preparation of the detailed architectural plans for the development of Lot 1 it was discovered that
the approved Architecture and Site plans would have presented a slight encroachment of the deck
into the riparian buffer. The plans have been revised to pull the deck back from the riparian
buffer. In addition, a new three foot garden wall is proposed between the riparian wall and the
deck. This allows better drainage along the rear portion of the property and creates a lower
profile (five feet four inches) for the deck than the original approval.
Grading: Proposed grades have been raised slightly along the eastern side of the house in an
attempt to reduce the exposed building face and reduce the apparent building height. The
proposed drainage swale and grades along the north and east sides of the property are consistent
with the approved PD and A &S. This modification reduces the visual height of the residence
when viewed from the north (rear) or east (side).
B. CEOA Determination
An EIR and Mitigation Monitoring Report and Program were prepared for the project and
certified by the Town Council on September 7, 2010. The EIR was amended and recertified by
the Town Council on May 2, 2011.
Planning Commission Staff Report - Page 4
100 Constances Court/S -11 -054
October 12, 2011
PUBLIC COMMENTS
Staff has not received any public comment at this time. Staff is aware that the applicant has
attempted to meet with neighboring residents to discuss the changes proposed (Exhibit 5).
CONCLUSION AND RECOMMENDATION:
A. Conclusion
The proposed changes are in compliance with the approved Planned Development, EIR,
and will result in minimal aesthetic changes to the approved streetscape. The slightly
revised grading along the north and east side of the property will further help reduce the
visible mass of the structure, and will be consistent with the approved drainage plan for the
property.
B. Recommendation:
Staff recommends the Planning Commission approve the application and take the following
actions:
1. Find that the proposed project is consistent with the approved PD; and
2. Make the required considerations as required by Section 29.20.150 of the Town Code
for granting approval of an Architecture & Site application (Exhibit 2); and
3. Determine that the project is in compliance with the Single and Two Family
Residential Design Guidelines; and
4. Approve the Architecture & Site Application S -11 -054 subject to the attached
conditions (Exhibit 3) and development plans (Exhibit 6).
o ncto
T - .....
Prep�d y; Approved by:
Marni F. Moseley, AICP ndie L. Roo
Associate Planner Director of Community Development
WRR:MM:cgt
cc: Mission Way Partners, 214 Almendra Ave, Los Gatos CA 95032
Sanford Havens, 16523 Oleander Ave, Los Gatos, CA 95032
N:\DEV\PC REPORTS \2011 \100 Constances.doc
100 Constances Ct.
AIWA 15881 Linda Ave Lot #1
E
EXHIEff
This Page
Intentionally
Left Blank
DEVELOPMENT REVIEW COMMITTEE — October 12, 2011
REQUIRED FINDINGS & CONSIDERATIONS FOR:
100 Constances Court (AKA 15881 Linda Ave Lot 1)
Architecture and Site Application S -11 -054
Requesting approval of a modification to an approved Architecture and Site Application to
construct a new residence on property zoned R -1:8 PD. APN: 523 -25 -052
PROPERTY OWNER: Mission Way LLC
APPLICANT: Sanford Homes
FINDINGS:
Compliance with Planned Development:
The project is in compliance with the approved Planned Development.
Required Compliance with Residential Design Guidelines:
The project is in compliance with the Residential Design Guidelines for single- family homes not in
hillside residential zones.
CONSIDERATIONS:
Required considerations in review of applications:
As required by Section 29.20.150 of the Town Code, the considerations in review of an architecture
and site application were all made in reviewing this project.
NADEVONWNOS\2011 \100 Constances.DOC
EXHaMT 2
This Page
Intentionally
Left Plank
CONDITIONS OF APPROVAL
October 12, 2011
100 Constances Court (AKA 15881 Linda Ave Lot 1)
Architecture and Site Application S -11 -054
Requesting approval of a modification to an approved Architecture and Site Application to
construct a new residence on property zoned R -1:8 PD. APN: 523 -25 -052
PROPERTY OWNER: Mission Way LLC
APPLICANT: Sanford Homes
TO THE SATISFACTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT:
(Planning Division)
1. APPROVAL. These applications shall be completed in accordance with all of the
conditions of approval listed below and in substantial compliance with the approved plans.
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. The 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. BMP: Prior to final occupancy, the applicant shall pay the Below Market Price (BMP) as
established by Town Council Resolution.
4. SAN FRANCISCO DUSKY FOOTED WOODRAT — NESTS ENCOUNTERED.
Require that a qualified biologist examine the project area before and during any initial
vegetation, woody debris, and /or tree removal, or other initial ground disturbing activities.
If a dusky footed woodrat nest /house structure is encountered in the area of disturbance,
avoid disturbing the structure or evicting the individuals. Install a protective exclusion zone
around any woodrat nest found within the project area before initiating tree /vegetation
removal and ground disturbing activities. Applicant shall provide the preconstruction
survey to the Community Development Department and report of periodic inspection
during construction to ensure protective fencing is in place.
5. SAN FRANCISCO DUSKY FOOTED WOODRATS ENCOUNTERED. If a woodrat is
incidentally encountered in the work area and does not voluntarily move out of the area, a
biological monitor, with the appropriate California Department of Fish and Game (CDFG)
permits, shall relocate the animal out of the construction area to the nearest safe location
(as approved and authorized by CDFG). Prior to relocating any woodrats, a suitable release
site shall be created on site, and approved by CDFG. Applicant shall provide a letter report
to the Community Development Department from the biologist and /or CDFG staff that
documents the consultation with and approval by CDFG of an onsite relocation area if
woodrat nest is encountered.
6. IMPACTS TO NESTING BIRDS AND BATS. Implement the following measures prior to
tree removal or construction.
• Conduct tree removal operations between September 1 and October 15, before special
status bats have established seasonal roost locations. This will prevent harming
potential fall /winter hibernacula (October 15- February 15) and spring/ summer
maternity colonies (April 1- September 1). If removal cannot take place during these
periods, require a qualified biologist to conduct a pre- construction survey for bats.
EXHIBIT 3
Conditions of Approval
100 Constances Ct /5 -11 -054
Page 2 of 14
Winter hibernacula surveys should be conducted between October 15 and February 15
to determine if bats are utilizing the site for winter roosting, Maternity roost surveys
should be conducted over 4 visits between mid -April and early May, when bats are
establishing Maternity roosts, but before pregnant females generally give birth, to
determine if a maternity roost is being established. For any trees /snags that could
provide roosting space for cavity or foliage- roosting bats, thoroughly evaluate the
trees /snags and foliage to determine if a colony is present prior to trimming or cutting.
Visual inspection, trapping, and acoustic surveys may be utilized as initial techniques.
• If a tree is determined not to be an active roost site, it may be immediately pruned or
removed. If the tree is not trimmed or removed within four days of the survey, repeat
night survey efforts.
• If roosting bats are found, coordinate with CDFG to develop and implement acceptable
passive exclusion methods. Authorization from CDFG will be necessary to evict winter
hibernacula areas for bats. Have a qualified biologist, in the possession of an applicable
CDFG Memorandum of Understanding; humanely remove roosting bats if they are not
successfully excluded.
• If established maternity colonies are found, protect pre - volant young from construction
noise by creating a minimum 100 foot buffer around the colony until the young can fly
or consult with California Department of Fish and Game for other acceptable measures
of avoidance. It is assumed that after September 1 colonies have no pre- volant young.
• Removal of any occupied tree /snag, if necessary, shall be mitigated for by the creation
of a snag or other artificial roost structure within suitable habitat located in the project
area. The creation of snags /roost structures, if necessary, will take place during tree
removal activities to avoid disturbance of nesting birds /roosting bats. Applicant shall
provide the preconstruction survey to the Community Development Department and
report of periodic inspections during construction to ensure construction buffers, if
required are in place. Applicant shall provide report on creation of a snag or artificial
roost structure if required.
7. MIGRATORY BIRD NESTING. Conduct tree removal activities between September 1
and January 1, outside of nesting bird season. For tree removal or construction activities
scheduled to occur during the period from February through August, a qualified
ornithologist and /or biologist will conduct nesting bird surveys no more than 15 days
before tree removal and /or before construction begins. Surveys shall include the project site
and a 300 - foot -wide buffer (where accessible) to examine nearby tree stands and structures
for special- status birds, and all birds (and their nests) protected under the Migratory Bird
Treaty Act (MBTA). If an active nest is found, delay project activities until a qualified
biologist determines that young have fledged from active nest site or consult with CDFG
prior to commencing any activity within 300 feet of the nest area as set forth in the
Streambed Alteration Agreement issued by CDFG. If nesting birds are not found, no
further action would be necessary, and tree removal and construction may proceed,
Applicant shall provide the pre- construction survey to the Community Development
Department. If nesting birds are found, applicant shall provide documentation to the
Community Development Department that demonstrates compliance with actions specified
in the measure (i.e., delay construction or consult with CDFG).
Conditions of Approval
100 Constances Ct /S -11 -054
Page 3 of 14
8. SNAGS. Retain existing snags and /or dead limbs within the riparian habitat and setback
area to provide potential nesting habitat for cavity- nesting birds. Applicant shall provide
letter report to the Community Development Department from the biologist that documents
the compliance with the measure. -
9. 'TREE REMOVAL AND TRANSPLANTING. Require implementation of all
recommendations provided by the Town's consulting arborist (Arbor Resources, February
5, 2007) and require an independent arborist review of the site plans to verify
recommendations have been included on the plans and implemented during construction.
The arborist report includes a measure requiring tree transplanting by a qualified tree
professional under the supervision of a certified arborist, and shall also include measures
for irrigation prior to, during, and after transplanting and shall specify replacement trees if
the transplanted trees do not survive within 5 years. Applicant shall provide a letter report
to the Community Development Department from a certified arborist documenting
compliance with all arborist report recommendations after tree removal and transplanting
has been completed and again at five years from transplanting.
10. NOISE. The proposed six -foot high, solid wood "Good Neighbor" fence along the east side
of Lot 1 shall be constructed as early as possible (prior to project grading activities if
possible) to help reduce construction noise at existing adjacent residences..
11. RIPARIAN ENHANCEMENT PLAN MEASURES. Implement all measures outlined in
the Linda Avenue Riparian Enhancement Plan developed by H.T. Harvey and Associates
(2008) and revise the enhancement plan to reflect the revised edge of the riparian canopy
and setback as set forth in this EIR. For understory enhancement, include a variety of
native shrubs and vines (e.g. Pacific blackberry, elderberry, snowberry, wild rose) that
provide understory structure, a food base, and cover for wildlife.
12. REMOVAL OF TREE #92. When removing the large eucalyptus tree, the roots will be left
in place to avoid disturbing the root mass armoring the southern bank of Ross Creek, to
prevent erosion and promote creek bank stability in this area.
13. SNAG FEATURES FOR TREES #80, #83, #87 & #92. The trunks, lower limbs, crotches,
and notches of non - native trees currently proposed for removal (Trees #80, #87, #83, and
992) can be killed in place and left to provide snag features for wildlife habitat.
14. RIPARIAN HABITAT AND SETBACK PROTECTION. Implement the following
measures during construction to protect the riparian habitat and setback during
construction.
• Riparian habitat shall be designated as a sensitive area and clearly shown on
construction plans. Orange construction fencing shall be installed upslope of the outer
edge of the riparian setback and shall not be disturbed except as required for installation
of the bioswales and outfall.
• Require all access routes, staging areas, stockpile areas, and equipment maintenance
areas to be located outside of the riparian corridor and setback area.
• Construction materials and equipment shall not be stockpiled or stored where they
could be washed into the water or cover aquatic or riparian vegetation.
15. OUTDOOR LIGHTING. Exterior lighting shall be kept to a minimum, and shall be down
directed fixtures that will not reflect or encroach onto adjacent properties. No flood lights
shall be used unless first approved by the Planning Division. The outdoor lighting plan can
1 Mitigation Measure 2E -1
Conditions of Approval
100 Constances Ct /5 -11 -054
Page 4 of 14
be reviewed during building plan check. Any changes to the lighting plan shall be
approved by the Planning Division prior to installation.
16. 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.
17. 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.
18. 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.
19. 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.
20. ARBORIST REPORT. The applicant shall implement the 29 recommendations provided
by the Town's Consulting Arborist, Arbor Resources, in the report dated February 5, 2007.
These recommendations are included as Attachment 1 of the Initial Study.
21. DEED RESTRICTION. Prior to final occupancy, a deed restriction shall be recorded at the
applicant's expense, which addresses the responsibilities of living next to a riparian
corridor.
22. WATER EFFICIENCY. This project is subject to the Town's Water Efficient Landscape
Ordinance, Chapter 26, Article IV of the Town Code. A fee as established by Town
Council resolution shall be paid when the landscape, irrigation plans and water calculations
are submitted for review prior to the issuance of building permit.
23. NEW TREES. All newly planted trees are required to be double staked to Town standards.
24. GENERAL. All newly planted trees shown on the plan are specific subjects of approval of
this plan and must remain on the site.
25. IRRIGATION. All newly planted landscaping shall be irrigated by an in- ground irrigation
system. Special care shall be taken to avoid irrigation which will endanger existing native
trees and shrubs.
Conditions of Approval
100 Constances Ct /5 -11 -054
Page 5 of 14
(Building Division)
26, PERMITS REQUIRED: A building permit shall be required for the construction of the new
single family residence. Separate permits are required for electrical, mechanical, and
plumbing work as necessary. `
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: Four 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.
30. 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 that the building pad elevation and on -site retaining wall locations and
elevations have been prepared according to the 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
31. RESIDENTIAL TOWN ACCESSIBILITY STANDARDS: The residence shall be
designed with adaptability features for single family residences per Town Resolution 1994-
61:
a. Wood 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 be a 36 -inch wide door including a 5'x5' level landing, no
more than 1/2 -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.
32. TITLE 24 ENERGY COMPLIANCE: All required California Title 24 Energy Compliance
Forms must be blue- lined, i.e. directly printed, onto a plan sheet.
33. 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.
34. 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 Chimney.
Conditions of Approval
100 Constances Ct /S -11 -054
Page 6 of 14
35. HAZARDOUS FIRE ZONE: The project requires a Class A Roof assembly.
36. PROVIDE DEFENSIBLE SPACE /FIRE BREAK LANDSCAPING PLAN: Prepared by a
California licensed Architect or Landscape 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 licensed Architect or
Landscape Architect certifying that 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 1704,
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 and signed by all requested
parties prior to permit issuance. Special Inspection forms are available from the Building
Division Service Counter or online at www.losgatosea.gov /building
39. BLUE PRINT FOR A CLEAN BAY SHEET: The Town standard Santa Clara County
Valley Nonpoint Source Pollution Control Program Sheet (2406) 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 or online at
www.losgatosca.gov /building
40. NPDES -C.3 DATA FORM: A copy of the NPDES C.3 Data Form (updated based on the
final construction drawings) must be blue -lined (i.e. sticky - backed) in full onto the plans.
In the event that this data differs significantly from any Planning approvals, the Town may
require recertification of the project's storm water treatment facilities prior to release of the
Building Permit.
41. PLANS: The construction plans shall be prepared under the direct supervision of the
licensed architect or engineer. (Business and Professionals Code Section 5538)
42. APPROVALS REQUIRED: The project requires the following departments and agencies
approval before issuing a building permit:
a. Community Development — Planning Division: Marni Moseley (408) 3 54 -6802
b. Engineering /Parks & Public Works Department: Trang Tu- Nguyen (408) 354 -5236
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.
f. Bay Area Air Quality Management District: (415) 771 -6000
43. ADVISORY COMMENTS: This new single family residence must be designed and built
in compliance with the 2010 California Residential Code and the Mandatory Measures of
the 2010 California Green Building Standards Code.
TO THE SATISFACTION OF THE DIRECTOR OF PARKS AND PUBLIC WORKS:
(Engineering Division)
44. DEFERRED FEES. Deferred fees shall be paid as outlined in the AGREEMENT FOR
DEFERRED PAYMENT OF PROCESSING FEES AND STORM DRAIN FEE, recorded
July 7, 2011, Document Number 21230840, Santa Clara County Recorder's Office.
Conditions of Approval
100 Constances Ct/5 -11 -054
Page 7 of 14
45. 2 EROSION CONTROL. Implement erosion control measures, including, but not limited
to:
• Require temporary fencing on the western outer edge of the riparian vegetation canopy
during construction to prevent inadvertent erosion, sedimentation, and /or construction
debris from entering the adjacent riparian area or Ross Creek. Prohibit construction
activities, placement of spoils, and storage of materials and machinery in the riparian
setback.
• Provide adequate erosion control protection in the area of the drainage outlets, such as
use of silt fences, straw bale barrier or other protective measures
• Conduct grading work prior to the rainy season; protect disturbed areas during the rainy
season; and contain and /or properly de -water accumulated construction - related runoff
from disturbed areas or excavated areas.
• Restrict the timing of installation of the drainage outlets to the periods outside the rainy
season (generally June 1 — September 30).
• Immediately re- vegetate disturbed areas. Apply weed -free mulch or re- vegetate all soil
exposed as a result of the proposed grading before November l st of each year in
accordance with recommendations of Design Guide 5 of the Santa Clara Valley Water
Resources Protection Collaborative's "Guidelines & Standards for Land Use Near
Streams."
• Inspect and repair /maintain all erosion control measures prior to and after any rainfall
event exceeding %2 inch, at 24 -hour intervals during extended storm events, and a
minimum of every two weeks after the winter storm season.
• Locate staging and storage areas for equipment, materials, fuels, lubricants and solvents
at least 100 feet from Ross Creek. Locate oil absorbent and spill containment materials
on site when mechanical equipment is in operation with 100 feet of the creek.
• If water is present in Ross Creek at the time of installation of the proposed drainage
outfall, require a temporary coffer dam or other appropriate means (such as sandbags or
straw bales) be installed for temporary dewatering and to minimize downstream water
quality impacts. Allow water to continue flowing downstream or be diverted around the
work site in a pipe or channel, and discharged in a non - erosive manner. Applicant shall
provide the pre- construction survey to the Community Development Department and
report of periodic inspections during construction to ensure protective fencing is in
place
46. AIR QUALITY. Require implementation of Bay Area Air Quality Management District
recommended control measures for emissions of PM10 and other "Best Management
Practices" (BMPs) s follows:
• Water all active construction areas at least twice daily.
• Cover all trucks hauling soil, sand and other loose materials or require all trucks to
maintain at least two feet of freeboard.
• Pave, apply water three times daily or apply (non- toxic) soil stabilizers on all unpaved
access roads, parking areas and staging areas at construction sites.
Conditions of Approval
100 Constances Ct /5 -11 -054
Page 8 of 14
• Sweep daily (with water sweepers) all paved access roads, parking areas and staging
areas at constructions sites.
• Sweep streets daily (with water sweepers) if visible soil material is carried onto
adjacent public streets.
• Cover stockpiles of debris, soil and other materials which can become windblown.
• Initiate re- vegetation and erosion control immediately upon completion of grading and
prior to onset of the rainy season.
47. GEOLOGY AND SOILS. A geotechnical investigation shall be conducted for this project
to determine the surface and subsurface soil conditions at the site. The geotechnical study
shall provide recommendations for site grading as well as the design of foundations,
retaining walls, concrete slab -on -grade construction, excavation, drainage, on -site utility
trenching and pavement sections. The project shall incorporate all recommendations of the
investigation in order to minimize the potential impacts resulting from regional seismic
activity and subsurface soil conditions on the site. Applicant shall submit plan review letter
from the geotechnical engineer stating that plans comply with the report.
48. CC &R's — ACCESS. The CC &R's shall include language to require easements and deed
restrictions over the private street which will guarantee access rights in perpetuity.
49. IMPROVEMENT AGREEMENT. The Applicant shall enter an agreement to construct
public improvements in accordance with Town Code §24.40.020.
50. PUBLIC IMPROVEMENT SECURITY. The applicant shall supply suitable securities for
all public improvements that are a part of the development in a form acceptable to the
Town in the amount of 100% (performance) and 100% (labor and material) prior to
issuance of any permit. Applicant shall provide two (2) copies of documents verifying the
cost of the public improvements to the satisfaction of the Engineering Division of the Parks
and Public Works Department.
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. 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.
53. 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
Conditions of Approval
100 Constances Ct /S -11 -054
Page 9 of 14
by the Engineering Division of Parks and Public Works during the grading permit plan
review process.
54. SOILS REPORT. One copy of the soils report shall be submitted with the grading permit
application. The soils report shall include specific criteria and standards governing site
grading, drainage, pavement design, retaining wall design and erosion control. The reports
shall be signed and "wet stamped" by the engineer or geologist, in conformance with
Section 6735 of the California Business and Professions Code.
55. 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.
56. 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
applicant's soils engineer and submitted to the Town before final release of any occupancy
permit is granted.
57. UTILITY COMPANY REVIEW. Letters from the electric, telephone, cable, and trash
companies indicating that the proposed improvements and easements are acceptable shall
be provided prior to recordation of the final map.
58. JOINT TRENCH PLANS. Joint trench plans shall'be reviewed and approved by the Town
prior to issuance of any permit.
59. ABOVE GROUND UTILITIES. The applicant shall submit a 75- percent progress printing
to the Town for review of above ground utilities including backflow prevention devices,
fire department connections, gas and water meters, off - street valve boxes, hydrants, site
lighting, electrical /communication/cable boxes, transformers, and mail boxes. Above
ground utilities shall be reviewed and approved by Community Development prior to
issuance of any permit.
60. PUBLIC IMPROVEMENTS. The following improvements shall be installed by the
developer. Plans for those improvements shall be prepared by a California registered civil
engineer, reviewed and approved by the Town, and guaranteed by contract, Faithful
Performance Security and Labor & Materials Security before the issuance of a building
permit or the recordation of a map. The improvements must be completed and accepted by
the Town before a Certificate of Occupancy for any new building can be issued.
a. Drive. Curb, gutter, sidewalk, street lights, tie -in paving, signing, striping, storm
drainage, and sanitary sewers, as required.
b. Restripe /Community Benefit. The applicant shall re- stripe the Blossom Hill Road
intersection with Linda Avenue and Old Blossom Hill Road. The striping shall provide
left turn pockets for both eastbound Blossom Hill Road traffic turning left on Linda
Avenue, and for westbound Blossom Hill Road traffic turning left on Old Blossom Hill
Road.
61. SITE LIGHTING. Lighting photometrics shall be provided and approved by the Director of
Community Development prior to the approval of the Tentative Map.
Conditions of Approval
100 Constances Ct /S -11 -054
Page 10 of 14
62. DESIGN CHANGES. The Applicant's registered Engineer shall notify the Town Engineer,
in writing, at least 72 hours in advance of all differences between the proposed work and
the design indicated on the plans. Any proposed changes shall be subject to the approval of
the Town before altered work is started. Any approved changes shall be incorporated into
the final "as- built" drawings.
63. INSURANCE. One million dollars ($1,000,000) of liability insurance holding the Town
harmless shall be provided in a format acceptable to the Town Attorney before recordation
of the map.
64. 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 request of Certificate of Occupancy is made, the fee
shall be paid before issuance of the Certificate of Occupancy. The traffic impact mitigation
fee for this project using the current fee schedule is $5,742 per each new home. The credit
for the existing home will be pro -rated across each new home. The final fee shall be
calculated form the final plans using the rate schedule in effect at the time of the request for
a Certificate of Occupancy.
65. FUTURE STUDIES. Any post project traffic or parking counts, or other studies imposed
by Planning Commission or Town Council shall be funded by the applicant.
66. PLAN CHECK FEES. Plan check fees shall be deposited with the Town prior to submittal
of plans to the Engineering Division of the Parks and Public Works Department.
67. INSPECTION FEES. Inspection fees shall be deposited with the Town prior to issuance of
any Permit or recordation of the Final Map.
68, FISH AND GAME REQUIREMENTS. Approval of a Streambed Alteration Agreement
shall be obtained from the California Department of Fish and Game for proposed
improvements in or near riparian areas within their jurisdiction. A copy of the permit shall
be provided to the Parks & Public Works Department before any permits are issued.
69. SCVWD. Applicant shall submit evidence of acceptance of the Dedicated Easement and
approval of an Encroachment Permit from the Santa Clara Valley Water District for all
work within their jurisdiction. Permits shall be obtained prior to issuance of any Town
permits.
70. REGIONAL WATER QUALITY CONTROL BOARD. Approval of a Wastewater
Discharge Permit and review of "Notice of Intent" and Storm Water Pollution Prevention
Plan from the Regional Water Control Board shall be provided prior to issuance of any
permits. In the event that no permit is required from this agency, a letter stating as much
shall be provided. (This condition is intended to address the storm drain outfall),
71. ARMY CORPS OF ENGINEERS. Authorization under Nationwide Permit 7 for Outfall
structures and Associated Intake Structures and Nationwide Permit 33 for Temporary
Construction, Access and Dewatering was given on August 26, 2008. Applicant shall
provide a letter from this agency stating that the permit is still valid, or the applicant shall
provide current permits from the Army Corps of Engineers prior to issuance of any Town
permits. (This condition is intended to address the storm drain outfall).
72. TREE REMOVAL. Copies of all necessary tree removal permits shall be provided prior to
issuance of a grading permit.
73. 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
Conditions of Approval
100 Constances Ct /S -11 -054
Page 11 of 14
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.
74. 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.
75. 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.
76. 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.
77. CONSTRUCTION ACCESS. Construction access shall be provided from Linda Avenue.
No access will be allowed via Stephenie Lane.
78. 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
the most current Santa Clara County NPDES Permit.
79. 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
Conditions of Approval
100 Constances Ct /S -11 -054
Page 12 of 14
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.
80. 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).
81. SITE DRAINAGE. Rainwater leaders shall be discharged to splash blocks. No through
curb drains will be allowed.
82. STORM WATER MANAGEMENT PLAN. A storm water management shall be included
with the grading permit application for all Group 1 and Group 2 projects as defined in the
amended provisions C.3 of the amended Santa Clara County NPDES Permit. The plan shall
delineate source control measures and BMP's together with the sizing calculations. The
plan shall be certified by a professional pre - qualified by the Town. In the event that storm
water measures proposed on the Planning approval differ significantly from those certified
on the Building /Grading Permit; the Town may require a modification of the Planning
approval prior to release of the Building Permit. The applicant may elect to have the
Planning submittal certified to avoid this possibility.
83. AGREEMENT FOR STORMWATER BEST MANAGEMENT PRACTICES
INSPECTION AND MAINTENANCE OBLIGATIONS. The homeowner's association
shall enter into an agreement with the Town for maintenance of the storm water filtration
devices required to be installed on this project by Town's Storm Water Discharge Permit
and all current amendments or modifications. The agreement will specify that certain
routine maintenance shall be performed by the homeowner's association and will specify
device maintenance reporting requirements. The agreement will also specify routine
inspection requirements, permits and payment of fees. The agreement shall be recorded
prior to release of any occupancy permits.
84. 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.
85. 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.
86. RESTORATION OF PUBLIC IMPROVEMENTS. The developer shall repair or replace
all existing improvements not designated for removall 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.
Conditions of Approval
100 Constances Ct /S -11 -054
Page 13 of 14
87. DRIVEWAY APPROACH. The developer shall install one Town standard residential
driveway approach at each new driveway. The new driveway approach shall be
constructed per Town Standard Details,
88. AS -BUILT •- PLANS. After completion of the construction of all work, the original plans
shall have all changes (change orders and field changes) clearly marked. The "as- built"
plans shall again be signed and "wet- stamped" by the civil engineer who prepared the
plans, attesting to the changes. The original "as- built" plans shall be review and approved
the Engineering Inspector. A Mylar and AutoCAD disk of the approved "as- built" plans
shall be provided to the Town before the Faithful Performance Security or Occupancy
Permit is released. The AutoCAD file shall include only the following information and
shall conform to the layer naming convention: a) Building Outline, Layer: BLDG -
OUTLINE; b) Driveway, Layer: DRIVEWAY; c) Retaining Wall, Layer: RETAINING
WALL; d) Swimming Pool, Layer: SWIMMING -POOL; e) Tennis Court, Layer: TENNIS-
COURT; 0 Property Line, Layer: PROPERTY -LINE; g) Contours, Layer:
NEWCONTOUR. All as -built digital files must be on the same coordinate basis as the
Town's survey control network and shall be submitted in AutoCAD version 2000 or
higher.
89. 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.
90. 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.
91. 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.
92. GOOD HOUSEKEEPING. Good housekeeping practices shall be observed at all times
during the course of construction. Superintendence of construction shall be diligently
performed by a person or persons authorized to do so at all times during working hours.
The storing of goods and /or materials on the sidewalk and /or the street will not be allowed
unless a special permit is issued by the Engineering Division.
93. SITE SUPERVISION. The General Contractor shall provide qualified supervision on the
job site at all times during construction.
Conditions of Approval
100 Constances Ct /S -11 -054
Page 14 of 14
94. 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.
95. UTILITY SETBACKS. House foundations shall be set back from utility lines a sufficient
distance to allow excavation of the utility without undermining the house foundation, The
Town Engineer shall determine the appropriate setback based on the depth of the utility,
input from the project soils engineer, and the type of foundation,
96, MAINTENANCE ACCESS. The applicant shall propose maintenance access
improvements for the Town Engineer to review, comment on, and approve. The
Engineering Division shall approve the surface materials over each public easement.
97. CONSTRUCTION MANAGEMENT PLAN. The Applicant shall submit a construction
management plan that shall incorporate at a minimum the Earth Movement Plan, Traffic
Control Plan, Project Schedule, site security fencing, employee parking, construction
staging area, construction trailer, and proposed outhouse locations. All construction staging
and parking shall occur on- site,
TO THE SATISFACTION OF THE SANTA CLARA COUNTY FIRE DEPARTMENT:
98. FIRE SPRINKLERS REQUIRED: Approved automatic sprinklers are required in all new
and existing modified buildings when gross floor area exceeds 3,600 square feet or that are
3 or more stories in height. Exception: One -time additions to existing buildings made after
01/01/2008 that do not exceed 500 gross square feet. An automatic sprinkler system shall
be provided in all new structures located in the designated Wildland -Urban Interface area.
A State of California licensed (C -16) Fire Protection Contractor shall submit plans,
calculations, a completed permit application and appropriate fees to the fire department for
review and approval prior to beginning their,work.
99. POTABLE WATER SUPPLIES. Potable water supplies shall be protected from
contamination caused by fire protection water supplies. It is the responsibility of the
applicant and any contractors and subcontractors to contact the water purveyor supplying
the site of such project, and to comply with the requirements of that purveyor. Such
requirements shall be incorporated into the design of any water -based fire protection
systems, and /or fire suppression water supply systems or storage containers that may be
physically connected in any manner to an appliance capable of causing contamination of
the potable water supply of the purveyor of record. Final approval of the system(s) under
consideration will not be granted by the fire department until compliance with the
requirements of the water purveyor of records are documented by that purveyor as having
been met by the applicant(s).
100. PREMISE IDENTIFICATION. Approved numbers or addresses shall be placed on all new
and existing buildings in such a position as to be plainly visible and legible from the street
or road fronting the property. Numbers shall contrast with their background.
NADEV \C0NDITNS \2011 \100 Constances.doc
430 MONTEREY AVENUE 5A, LOS GATOS, CA 95030 408.395.3877
July 30, 2011
Town of Los Gatos
110 E. Main Street
Los Gatos, CA 95030
RE: Project Description & Letter of Justification for a new dwelling:
100 Linda Avenue, Los Gatos, CA 95032; APN 523 -25 -051.
To Whom It May Concern:
This new single- family dwelling was approved for development by the Planning Commission.
Conditions of Approval were issued September 22, 2010. We (Summers & Novick, Architects)
were subsequently hired to create working drawings to obtain a building permit from the Town.
During our review of the project, we discovered errors in the plans by Britt -Rowe, and
discrepancies between the Britt -Rowe plans and the approved site plan by Westfall Engineers,
which make the project impossible to build as approved by the Town. We corrected the plans
and reviewed the project with Sandy Baily. She said the changes were significant enough to
require resubmittal of the project to DRC.
Before the project could be built, the following discrepancies, on the approved plans by
Britt -Rowe and Westfall Engineers, had to be corrected:
Westfall Engineers Grading & Drainage Plan: Livng Room exterior wall is extended to
the edge of the garage door -- approximately 6 ft. further than depicted in the plans by
Britt -Rowe. A 5 ft. sq. landing extends from the front door to the middle of the garage
door, and the driveway extends only half way across the garage door. Vehicle egress,
to and from the garage is impossible. We adjusted the driveway, living room, and entry
to make them functional.
2. Britt -Rowe floor plans and elevations: Family Room rear wall extends 8 ft. beyond the
same line depicted on the Westfall Grading & Drainage Plan, approved by the Planning
Commission. The rear deck extends 9 ft. beyond the line depicted on the Westfall
Grading & Drainage Plan. The right side of the deck extends into the setback several
ft. We shortened the building, and thereby fit the deck into the allowed area.
3. Britt -Rowe elevations and building section: Height of the second floor roof on the front
elevation was drawn 15" below the upper ridge. This made the top plates less than 7 ft.
above the second floor. Britt - Rowe's Building Section (approved by Planning) indicates
an 8 ft. top plate. We drafted the elevations to scale, and depicted the ridges of the two
front gables at the correct height (within the maximum height approved by Planning).
Now, the height of all the spaces (garage, first floor, second floor) is the same as the
height indicated on the section drawn by Britt -Rowe, and approved by planning.
EXHIBIT 4
PADS
July 28, 2011
Page 2 of 2
4. The front elevation in Britt Rowe design creates an impression of two different
dwellings - -one of brick, the other of timber frame construction. We were asked by our
client to create a more coherent look for the house. We added brick veneer to the
garage side, and we changed the appearance of the bay window to a "timber- frame"
look, compatible with the garage, approved by Planning. Also, we added 4 ft. overhang
at the front door, to create a porch.
5. We corrected the floor plans to allow the dwelling to fit within the allowable area. The
dwelling is now shorter, and wider. We simplified the shape of the deck, and added a
trellis along the length of the deck to provide a visual barrier and to soften the impact of
the dwelling on the neighbor, Mr. Crites. We added architectural details to each side
elevation, and to the rear elevation to create a more balanced look for the house.
Prior to resubmitting to DRC, we solicited input from the neighbors (Mr. David Crites,. Mr.
Robert Colhour, Ms. Jane Foltz, and Mr. Rex Reed), by regular mail and by email (where we
could). We urged them to call us and schedule a meeting at their convenience - -in their home
or in our office - -to discuss the changes to this project. Mr. Crites was the only neighbor who
responded, but he declined to meet with us and wrote, "I don't think it would be prudent or
productive to meet and talk.at this- time ". Without their input, we have done our best to do no
harm, and consider both the needs of our client, and the needs of the neighbors, in correcting
these plans.
Very truly yours,
go. r,26480
Leon Summers, Architect
SUMMERS & NOVICK
SUMMERS & NOVICK
430 MONTEREY AVENUE 5A, LOS GATOS, CA 95030 408.395.3877
June 15, 2011
Mr, David Crites
15900 Rochin Terrace
Los Gatos, CA 95032
Dear Mr. Crites:
RECEIVED
; 21.' 2011
TOWN OF L.O- GATOS
PLANNING D ►Vi LION
Galina Novick and I are licensed architects and partners in the firm Summers & Novick. We have lived
and worked in the Town of Los Gatos for more than 20 years. Sanford Havens recently retained us to
create working drawings to build the house on the property next to yours.
We are recommending to Sanford that he modify the approved design, and submit the changes to the
Town for review. There will be another DRC meeting. The changes are minor, but we want to meet
with you, and gain your support for the design, before we submit'the plans to the town for approval.
Please give Galina a few minutes of your valuable time, and she will be happy to meet with you in your
home and discuss everything with you. She will also leave a set of plans with you for your reference.
Please call me, or send an email to me, at your convenience, and I'll schedule that meeting:
408.395.3877.
Very truly yours,
Leon Summers, Architect
SUMMERS & NOVICK
Website: SummersAndNovick.com
Email: BayArchitect @verizon.net
RECEIVED
From: David Crites < avid crites(a�frontier.com ` ` .' �U11
Date: July 12, 2011 10;59;54 PM PDT TOWN Off_ LO"'i GA - OS
To: sanfordhavens(a7me.com PLANN1N -% (';'WISION
Subject: Construction on Linda Av.
Hi Sanford -- Thanks for reaching out to me regarding the construction on
Linda Av in Los Gatos. It's thoughtful of you to offer to discuss the
project with me but I don't think it would be prudent or productive to meet
and talk at this time. Now that we have each other's email address I can
contact you if I have questions and you are welcome to contact me if there
are any issues to discuss such as mail box moving, power interruptions, etc.
Thanks again for your note,
Dave Crites
LEON SUMMERS
From: LEON SUMMERS [bayarchitect @verizon.net]
Sent: Thursday, July 21, 20114:14 PM
To: 'David Crites'
Cc: 'sanfordhavens @me.com'; 'Galina Novick'
Subject: Meeting with you...
Hi Mr. Crites:
Sanford Havens told me you had questions regarding changes to the plans for the new
dwelling for Lot Number 1, Linda Avenue. Last week, I sent a letter to you, asking for a
meeting between you and Galina (one of the architects) to discuss this project. Galina
understands the details of the project, from the design point of view. She will be happy to
meet with you in the privacy of your home or in our office and answer your questions to the
best of her ability. Please call Galina or me at 408.395.3877 and we would be happy to set up
that meeting.
Regards,
Leon Summers, Architect
Summers & Novick
This Page
Intentionally
Left Blank