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TOWN COUNCIL — APRIL 2, 2012
REQUIRED FINDINGS & CONSIDERATIONS FOR:
339 & 341 Bella Vista Avenue
Architecture and Site Application S -06 -46 and S -06 -64
Variance Application V -11 -01
Subdivision Application M -06 -09
Mitigated Negative Declarations ND -08 -02 and ND -08 -03
Appeal of Planning Commission decision denying a request for a lot line adjustment between two
parcels, a variance for reduced driveway length, and to construct two new single family residences
with reduced setbacks and that exceed the allowable Floor Area Ratio on property zoned R -1:8. No
significant environmental impacts have been identified as a result of this project and Mitigated
Negative Declarations are recommended. APN 529 -23 -015 & 016. y
PROPERTY OWNER/APPLICANT: Jake Peters and Dan Ross
FINDINGS:
As required by Section 29.20.170 of the Zonin; Ordinance for the granting of o variance:
There are special circumstances applicable to the property, including the small lot sizes and
topographic constraints, that the strict application of the ordinance would deprive the property
owners of privileges enjoyed by other properties in the vicinity within the R -1:8 zone as evidenced
by the majority of the homes along the westerly side of Bella Vista Avenue having driveway lengths
that are less than 18 feet. Locating the garages further downslope would be more impactful to the
site. The granting of the variance would not constitute a grant of special privileges inconsistent with
other properties in the vicinity and within the same zone. Driveways are essential elements of the
plans and are needed to provide required on -site parking.
Required Compliance with Hillside Development Standards and Guidelines:
An exception is being granted to allow cut and fill depths that exceed grading standard III.A.1. to
provide functional driveways and access to the garages, to minimize wall heights and grading
volumes, and to lower the houses into the site. An exception to LRDA standard ILC.1 is being
granted because the entire property is comprised of slopes exceeding 30% making it physically
impossible to locate the homes on slopes less than 30 %. The plans were reviewed by the Town's
Consulting Architect and found to be compliant with applicable architecture and design standards
and guidelines.
Required findings to allow a FAR in excess of the FAR derived from the formalas in Section
29.40.075:
The design theme, sense of scale, exterior materials and details ofthe proposed project are consistent
with the provisions of the adopted residential design standards. There is no applicable specific plan
and the properties are not located in a landmark or historic preservation overlay zone.
CONSIDERATIO \S:
Required considerations in review of Architecture and Site 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. The homes are well designed and
compatible with the neighborhood in terms of architectural style and size.
Required considerations when reviewing structures with reduced setbacks:
Pursuant with Section 29.40.015.B(1) of the Town Code, the considerations in review of a request
for two new residences with reduced setbacks were all considered in reviewing this project. There
are other structures with reduced setbacks in the neighborhood and the proposed residences will be
consistent with prior approvals for nonconforming lots and compatible with the neighborhood, in
particular, existing homes along the westerly side of Bella Vista Avenue.
Required considerations to allow a lot line adjustment that will resultin a non - conforming parcel
to be reduced in size:
Pursuant to Section 24.10.040 of the Town Code, there are special circumstances, including
topographic constraints and the presence of mature trees, that make the strict letter of the regulation
impossible or impractical to observe and that the modification conforms with the spirit and purpose
of the Subdivision Map Act, the General Plan, and the Subdivision Ordinance.
N' , DEN "FINDINGS-IDh9ELLA V ISTAii43J 1- TC.DOC
PLANNING COMMISSION — OCTOBER 12, 2011
CONDITIONS OF APPROVAL
339 & 341 Bella Vista Avenue
Architecture and Site Application S -06 -46 and S -06 -64
Variance Application V -11 -01
Subdivision Application M -06 -09
Mitigated Negative Declarations ND -08 -02 and ND -08 -03
Requesting approval of a lot line adjustment between two parcels, a variance for reduced
driveway length, and to construct two new single family residences with reduced setbacks and
that exceed the allowable Floor Area Ratio on property zoned R -1:8. No significant
environmental impacts have been identified as a result of this project and Mitigated Negative
Declarations are recommended. APN 529 -23 -015 & 016.
PROPERTY OWNER/APPLICANT: Jake Peters and Dan Ross
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 by the Planning Commission on October 12, 2011, and noted as received by the
Town on September 15, 2011. Any changes or modifications to the approved plans shall
be approved by the Community Development Director or the DRC, depending on the
scope of the changes.
2. EXPIRATION. The Architecture & Site approval will expire two years from the approval
date pursuant to Section 29.20.320 of the Town Code, unless the approval is used prior to
expiration.
3. TOWN INDEMNITY. Applicants are notified that Town Code Section 1.10.115 requires
that any applicant who receives a permit or entitlement from the Town shall defend,
indemnify, and hold harmless the Town and its officials in any action brought by a third
party to overturn, set aside, or void the permit or entitlement. This requirement is a
condition of approval of all such permits and entitlements whether or not expressly set
forth in the approval, and may be secured to the satisfaction of the Town Attorney.
4. GREEN BUILDING. The houses 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.
5. 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 will be reviewed during building plan
check. Any changes to the lighting plan shall be approved prior to installation.
6. TREE REMOVAL PERMIT. A Tree removal Permit shall be issued for trees to be
removed. Replacement trees shall be planted based on the Canopy Replacement Table in
the Tree Protection Ordinance prior to final inspection
7. TREE FENCING. Protective tree fencing shall be placed at the drip line of existing trees
to be saved, and shall remain through all phases of construction. Fencing shall be six foot
high cyclone attached to two -inch diameter steel posts drive 18 inches into the ground
and spaced no further than 10 feet apart. Include a tree protection fencing plan with the
construction plans.
AI T AC:`l r`:.= k 1 3
339 & 341 Bella Vista Avenue /S -06 -046 & S -06 -64
Conditions of Approval
Page 2 of 10
8. *BIOLOGICAL RESOURCES MITIGATION MEASURE -1. If tree removal, pruning,
or grubbing activities are necessary, such activities should be conducted outside of the
breeding season between September 1 and January 31 to avoid impacts to nesting birds.
9. *BIOLOGICAL RESOURCES MITIGATION MEASURE -2. If project construction
begins during the breeding season (February 1 to August 31) preconstruction surveys
shall be conducted within the project footprint and a 300 -foot buffer, by a qualified
biologist no more than two weeks prior to equipment or material staging,
pruning/grubbing or surface - disturbing activities. If no active nests are found, no further
mitigation is necessary.
10. *BIOLOGICAL RESOURCES MITIGATION MEASURE -3. If active nests with eggs
or young birds present are found, non - disturbance buffers shall be established at a
distance sufficient to minimize disturbance based on the nest location, topography, cover,
the nesting pair's tolerance to disturbance and the type /duration of potential disturbance.
No work shall occur within the non - disturbance buffers until the young have fledged, as
determined by a qualified biologist. Buffer size should be determined in cooperation
with the CDFG and the USFWS. If buffers are established and it is determined that
project activities are resulting in nest disturbance, work should cease immediately and the
CDFG and the USFWS should be contacted for further guidance.
11. *BIOLOGICAL RESOURCES MITIGATION MEASURE -4. If active nests are found
within 300 feet of the project area, a qualified biologist shall be on site to monitor the
nests for signs of nest disturbance. If it is determined that construction activity is
resulting in nest disturbance, work shall cease immediately and the CDFG and the
USFWS shall be contacted.
12. *BIOLOGICAL RESOURCES MITIGATION MEASURE -5. Preconstruction surveys
shall be conducted to identify suitable bat roosting habitat including rock outcroppings,
snags, rotten stumps, decadent trees with broken limbs, exfoliating bark, cavities, etc.
Sensitive habitat areas and roost sites shall be avoided to the maximum extent
practicable. If no suitable roost sites or evidence of bat roosting are identified, no further
minimization measures are necessary.
13. *BIOLOGICAL RESOURCES MITIGATION MEASURE -6. If suitable bat roosting
habitat is identified, the following measures shall be conducted:
a. A qualified biologist shall survey suitable roost sites immediately prior to the
removal or grading of rock outcroppings, debris piles, man -made structures, etc.
b. Removal of suitable tree roost sites shall be conducted by first removing limbs
smaller than 3 inches in diameter and peeling away loose bark. The tree should
then be left overnight to allow any bats using the tree /snag to find another roost
during their nocturnal activity period.
C. A qualified biologist shall survey the trees /snags a second time the following
morning prior to felling and removal.
d. Trees should be removed during the non - breeding season (Sept. 1 to Feb. 1) to
avoid disturbance to maternal colonies or individuals.
14. *BIOLOGICAL RESOURCES MITIGATION MEASURE -7. All recommendations of
the Project and Town's Consulting Arborist shall be followed throughout all phases of
construction. Refer to the reports prepared by Deborah Ellis dated February 8, 2005, and
reports from Arbor Resources dated January 29, 2007, and February 24, 2011, for details.
Tree protection specifications shall be printed on the construction plans.
339 & 341 Bella Vista Avenue /S -06 -046 & S -06 -64
Conditions of Approval
Page 3 of 10
15. STORY POLES. The story poles on the project site shall be removed within 30 days of
approval of the Architecture & Site application.
Building Division
16. *AIR QUALITY MITIGATION MEASURE: To limit the project's construction - related
dust, criteria pollutant, and precursor emissions, the following BAAQMD - recommended
Basic Construction Mitigation Measures shall be implemented:
a. All exposed surfaces (e.g. parking areas, staging areas, soil piles, graded areas,
and unpaved access roads) shall be watered two times per day.
b. All haul trucks transporting soil, sand, or other loose material off -site shall be
covered.
C. All visible mud or dirt track -out onto adjacent public roads shall be removed
using wet power vacuum street sweepers at least once per day. The use of dry
power sweeping is prohibited.
d. All vehicle speeds on unpaved roads shall be limited to 15 mph.
e. All roadways, driveways, and sidewalks to be paved shall be completed as soon
as possible. Building pads shall be laid as soon as possible after grading unless
seeding or soil binders are used.
f. Idling times shall be minimized either by shutting equipment off when not in use
or reducing the maximum idling time to 5 minutes (as required by the California
airborne toxics control measure Title 13, Section 2485 of California Code of
Regulations). Clear signage shall be provided for construction workers at all
access points.
g. All construction equipment shall be maintained and properly tuned in accordance
with manufacturer's specifications. All equipment shall be checked by a certified
mechanic and determined to be running in proper condition prior to operation.
h. A publicly visible sign with the telephone number and person to contact at the
Lead Agency regarding dust complaints shall be posted at the site. This person
shall respond and take corrective action within 48 hours. The Air District's phone
number shall also be visible to ensure compliance with applicable regulations.
17. PERMITS REQUIRED: A building permit is required for the new single family
residence. Separate permits are required for electrical, mechanical and plumbing work as
necessary.
18. CONDITIONS OF APPROVAL: The Conditions of Approval must be blue -lined in full
on the cover sheet of the construction plans. A compliance memorandum shall be
prepared and submitted with the building permit application detailing how the Conditions
of Approval will be addressed.
19. SIZE OF PLANS: Four sets of construction plans, maximum size 24" x 36."
20. 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).
339 & 341 Bella Vista Avenue /S -06 -046 & 5 -06 -64
Conditions of Approval
Page 4 of I0
21, FOUNDATION INSPECTIONS: A pad certificate prepared by a licensed civil engineer
or land surveyor may be required to be submitted to the project building inspector at
foundation inspection. This certificate 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 comer locations
d. Retaining Walls
22. 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 -inch x 8 -inch 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
23. TITLE 24 ENERGY COMPLIANCE: California Title 24 Energy Compliance forms CF-
IR, MF -IR, and WS -5R must be blue -lined on the plans.
24. 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.
25. TOWN FIREPLACE STANDARDS: New wood burning fireplaces shall be an EPA
Phase II approved appliance as per Town Ordinance 1905. Tree limbs within 10 feet of
chimneys shall be cut.
26. FIRE ZONE: The project requires a Class A roof assembly.
27. SPECIAL INSPECTIONS: When a special inspection is required by CBC Section 1701,
the architect or engineer of record shall prepare an inspection program that shall be
submitted to the Building Official for approval prior to issuance of the building permit.
The Town Special Inspection form must be completely filled -out, signed by all requested
parties, and be blue -lined on the construction plans. Special Inspection forms are
available from the Building Division Service Counter or at iru- tiv.losgatosca.gov/b:rilding.
28. NONPOINT SOURCE POLLUTION STANDARDS: The Town standard Santa Clara
Valley Nonpoint Source Pollution Control Program sheet (or 2406 Clean Bay sheet)
shall be part of the plan submittal as the second page. The specification sheet is available
at the Building Division Counter for a fee of $2 or at San Jose Blue Print for a fee.
339 &.341 Bella Vista Avenue /S -06 -046 & S -06 -64
Conditions of Approval
Page 5 of 10
29. APPROVALS REQUIRED: The project requires the following departments and
agencies approval before issuing a building permit:
a. Community Development - Planning Division: Suzanne Davis (408) 354 -6875
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.
TO THE SATFISFATION OF THE DIRECTOR OF PARKS & PUBLIC WORKS
Engineering Division
30. 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.
31. *GEOLOGY AND SOILS MITIGATION MEASURE. The project shall incorporate all
recommendations in Ali M. Oskoorouchi's geological and geotechnical investigation for
the proposed project in order to minimize the potential impacts resulting from regional
seismic activity and subsurface soil conditions on the site.
32. SOILS REPORT.
33. 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.
34. 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.
35. 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
339 & 341 Bella Vista Avenue /5 -06 -046 & 5 -06 -64
Conditions of Approval
Page 6 of 10
36. TREE REMOVAL. Copies of all necessary tree removal permits shall be provided prior
to issuance of a grading permit.
37. 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.
38. 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.
39. 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.
40. CERTIFICATE OF LOT LINE ADJUSTMENT. A certificate of Lot Line Adjustment
shall be recorded. Two copies of the legal description for each new lot configuration, a
plat map (8' /z inches by 11 inches) and two copies of the legal description of the land to
be exchanged shall be submitted to the Engineering Division of the Parks and Public
Works Department for review and approval. The submittal shall include closure
calculations, title report less than 90 days old and the appropriate fee. The certificate
shall be recorded prior to issuance of any permits.
41. 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.
42. ENCROACHMENT PERMIT. All work in the public right -of -way will require a
Construction Encroachment Permit. All work over $5,000 will require construction
security.
43. PUBLIC WORKS 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.
44. 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.
339 & 341 Bella Vista Avenue /S -06 -046 & S -06 -64
Conditions of Approval
Page 7 of 10
45. TRAFFIC IMPACT MITIGATION FEE (RESIDENTIAL). The developer shall pay a
proportional the project's share of transportation improvements needed to serve
cumulative development within the Town of Los Gatos. The fee amount will be based
upon the Town Council resolution in effect at the time the building permit is issued. The
fee shall be paid before issuance of a building permit. The traffic impact mitigation fee
for this project using the current fee schedule is $5,742. The final fee shall be calculated
form the final plans using the rate schedule in effect at the time the building permit is
issued.
46. 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.
47. EROSION CONTROL. Interim and final erosion control plans shall be prepared and
submitted to the Engineering Division of the Parks & Public Works Department. A
Notice of Intent (NOI) and Storm Water Pollution Prevention Plan ( SWPPP) shall be
submitted to the San Francisco Bay Regional Water Quality Control Board for projects
disturbing more than one acre. A maximum of two weeks is allowed between clearing of
an area and stabilizing/building on an area if grading is allowed during the rainy season.
Interim erosion control measures, to be carried out during construction and before
installation of the final landscaping shall be included. Interim erosion control method
shall include, but are not limited to: silt fences, fiber rolls (with locations and details),
erosion control blankets, Town standard seeding specification, filter berms, check dams,
retention basins, etc. Provide erosion control measures as needed to protect downstream
water quality during winter months. The grading, drainage, erosion control plans and
SWPPP shall be in compliance with applicable measures contained in the amended
provisions C.3 and C.14 of Order No. R2- 2005 -0035 of the amended Santa Clara County
NPDES Permit.
48. DUST CONTROL. Blowing dust shall be reduced by timing construction activities so
that paving and building construction begin as soon as possible after completion of
grading, and by landscaping disturbed soils as soon as possible. Further, water trucks
shall be present and in use at the construction site. All portions of the site subject to
blowing dust shall be watered as often as deemed necessary by the Town, or a minimum
of three times daily, or apply (non- toxic) soil stabilizers on all unpaved access roads,
parking areas, and staging areas at construction sites in order to insure proper control of
blowing dust for the duration of the project. Watering on public streets shall not occur.
Streets will be cleaned by street sweepers or by hand as often as deemed necessary by the
Town Engineer, or at least once a day. Watering associated with on -site construction
activity shall take place between the hours of 8 a.m. and 5 p.m. and shall include at least
one late - afternoon watering to minimize the effects of blowing dust. All public streets
soiled or littered due to this construction activity shall be cleaned and swept on a daily
basis during the workweek to the satisfaction of the Town. Demolition or earthwork
339 & 341 Bella Vista Avenue /S -06 -046 & 5 -06 -64
Conditions of Approval
Page 8 of 10
activities shall be halted when wind speeds (instantaneous gusts) exceed 25 MPH. All
trucks hauling soil, sand, or other loose debris shall be covered.
49. PEDESTRIAN TRAIL. No access or use of the trail shall be allowed without prior
written approval of the property owners. If permission is obtained the trail shall be
restored to preconstruction conditions prior to final.
50. 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. Plans need to be
approved prior to issuance of grading permit.
51. CONSTRUCTION STREET PARKING. No vehicle having a manufacturer's rated gross
vehicle weight exceeding ten thousand (10,000) pounds shall be allowed to park on the
portion of a street which abuts property in a residential zone without prior approval from
the Town Engineer (§ 15.40.070).
52. SITE DRAINAGE. Rainwater leaders shall be discharged to splash blocks. No through
curb drains will be allowed. Any storm drain inlets (public or private) directly connected
to public storm system shall be stenciled /signed with appropriate "NO DUMPING -
Flows to Bay" NPDES required language.
53. 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.
54. NPDES. On -site drainage systems for all projects shall include one of the alternatives
included in section C.3.i of the Municipal Regional NPDES Permit. These include storm
water reuse via cisterns or rain barrels, directing runoff from impervious surfaces to
vegetated areas and use of permeable surfaces. If dry wells are to be used they shall be
placed 10 feet minimum from adjacent property line(s) and/or right -of -way.
55. UTILITIES. The developer shall install all new, relocated, or temporarily removed
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.
Applicant is required to obtain approval of all proposed utility alignments from any and
all utility service providers. The Town of Los Gatos does not approve or imply approval
for final alignment or design of these facilities.
56. RESTORATION OF PUBLIC IMPROVEMENTS. The developer shall repair or replace
all existing improvements not designated for removal that are damaged or removed
because of developer's operations. Improvements such as, but not limited to: curbs,
gutters, sidewalks, driveways, signs, pavements, raised pavement markers, thermoplastic
pavement markings, etc. shall be repaired and replaced to a condition equal to or better
than the original condition. Existing improvement to be repaired or replaced shall be at
the direction of the Engineering Construction Inspector, and shall comply with all Title
24 Disabled Access provisions. Developer shall request a walk - through with the
Engineering Construction Inspector before the start of construction to verify existing
conditions.
339 & 341 Bella Vista Avenue/S-06-046&S-06-64
Conditions of Approval
Page 9 of 10
57. DRIVEWAY APPROACH. The developer shall install one Town standard residential
driveway approach. The new driveway approach shall be constructed per Town Standard
Details.
58. SIDEWALK IN -LIEU FEE. A sidewalk in -lieu fee shall be paid prior to issuance of a
building permit. This fee is based on total square feet of 4.5 -foot wide sidewalk at $16 /SF
in accordance with Town policy.
59. 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.
60. FENCING. Any fencing within 200 feet of an intersection shall comply with Town code
section 23.10.080.
61. 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) Property Line, Layer:
PROPERTY -LINE; e) Contours, Layer: NEW CONTOUR. 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.
62. SANITARY SEWER BACKWATER VALVE. Drainage piping serving fixtures which
have flood level rims less than twelve (12) inches (304.8 mm) above the elevation of the
next upstream manhole and/or flushing inlet cover at the public or private sewer system
serving such drainage piping shall be protected from backflow of sewage by installing an
approved type backwater valve. Fixtures above such elevation shall not discharge through
the backwater valve, unless first approved by the Administrative (Sec. 6.50.025). The
Town shall not incur any liability or responsibility for damage resulting from a sewer
overflow where the property owner or other person has failed to install a backwater
valve, as defined section 103(e) of the Uniform Plumbing Code adopted by section
6.50.010 of the Town Code and maintain such device in a functional operating condition.
Evidence of West Valley Sanitation District's decision on whether a backwater device is
needed shall be provided prior to issuance of a building permit.
63. 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.
64 CONSTRUCTION NOISE. Between the hours of 8:00 a.m. to 8:00 p.m., weekdays; and
9:00 a.m. to 7:00 p.m., weekends and holidays, construction, alteration or repair activities
shall be allowed. No individual piece of equipment shall produce a noise level exceeding
eighty -five (85) dBA at twenty -five (25) feet. If the device is located within a structure
on the property, the measurement shall be made at distances as close to twenty -five (25)
feet from the device as possible. The noise level at any point outside of the property
plane shall not exceed eighty -five (85) dBA.
339 & 341 Bella Vista Avenue /S -06 -046 & S -06 -64
Conditions of Approval
Page 10 of 10
65. GOOD HOUSEKEEPING. Good housekeeping practices shall be observed at all times
during the course of construction. Superintendence of construction shall be diligently
performed by a person or persons authorized to do so at all times during working hours.
The storing of goods and/or materials on the sidewalk and/or the street will not be
allowed unless a special permit is issued by the Engineering Division. 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.
66. 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. Coordination
with other significant projects in the area may also be required. Cover all trucks hauling
soil, sand, and other loose debris or require all trucks to maintain at least two feet of
freeboard.
TO THE SATISFACTION OF THE SANTA CLARA COUNTY FIRE DEPARTMENT:
67. AUTOMATIC FIRE SPRINKLER SYSTEM REQUIRED. An approved automatic fire
sprinkler system is required for the new residences, hydraulically designed per National
Fire Protection Association (NFPA) Standard #13D. A State of California (C -16) Fire
Protection contractor shall submit plans, calculations, a completed permit application and
appropriate fees to the Fire Department for approval, prior to beginning their work.
68. POTABLE WATER SUPPLIES. Potable water supplies shall be protected from
contamination caused by fire protection water supplies. The applicant shall contact the
providing water purveyor and shall comply with all requirements of that purveyor. The
fire sprinkler system shall be designed in compliance with water purveyor requirements;
final approval of the system will not be granted by the Fire Department until written
confirmation is received from the water purveyor.
69. PREMISE IDENTIFICATION. Approved addresses shall be placed on the new
residences so they are clearly visible and legible from Bella Vista Avenue. Numbers
shall be a minimum of four inches high and shall contrast with their background.
N:0 V\CONDINS\201 I \BellaVista339-341 -A&S.doc
RESOLUTION 2012-
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
DENYING APPEALS OF A PLANNING COMMISSION DECISION DENYING A
REQUEST FOR A LOT LINE ADJUSTMENT BETWEEN TWO PARCELS,
VARIANCE FOR DRVIVEWAY LENGTH AND TO CONSTRUCT TWO SINGLE -
FAMILY RESIDENCES ON PROPERTY ZONED R -1:8
APNs: 529 -23 -015 AND 529 -23 -016
SUBDIVISION APPLICATION M -06 -009
VARIANCE APPLICATION: V -11 -001
ARCHITECTURE AND SITE APPLICATIONS S -06 -046 AND S -06 -064
PROPERTY LOCATION: 339 AND 341 BELLA VISTA AVENUE
PROPERTY OWNER/APPLICANT: DAN ROSS AND JAKE PETERS
APPELLANT: DAN ROSS
WHEREAS, this matter came before the Town Council for public hearing on April 2,
2012, and was regularly noticed in conformance with State and Town law.
WHEREAS, Council received testimony and documentary evidence from the appellant
and all interested persons who wished to testify or submit documents. Council considered all
testimony and materials submitted, including the record of the Planning Commission proceedings
and the packet of material contained in the Planning Commission Reports dated October 12,
2011 and February 8, 2012, along with subsequent reports and materials prepared concerning this
application.
WHEREAS, the applicant proposed a lot line adjustment between two lawfully created,
non - conforming parcels (less than 8,000 square feet), a variance for reduced driveway lengths,
and to construct two new single - family homes on property zoned R -1:8. Surrounding properties
on Bella Vista Avenue are developed with single - family homes and the property below the site
on Maggi court is developed with medium density townhomes.
Hal i 4Ct MEN 1 1 4
WHEREAS, the Planning Commission last considered the applications on February 8,
2012, and voted to deny the Subdivision, Variance, and Architecture and Site applications based
on concerns about the proposed house size, bulk and mass at the rear, reduced setbacks and
pedestrian safety on Bella Vista.
WHEREAS, the applicant appealed the decision of the Planning Commission based on
his belief that the Planning Commission erred in its decision in stating that the denial was based
on home sizes of 2,400 square feet, a variance for the rear yard setback (when such variance is
not being requested), a perceived safety concern with the driveways was not substantiated by
fact, and that project opposition was factored into the denial.
WHEREAS, Council has determined that the Planning Commission did not err in its
decision in that the proposed residences do not comply with the allowable FAR for the
properties, the reduction in house size was not significant as requested by the Commission on
October 12, 2011, and the bulk and mass at the rear of the houses was not reduced.
NOW THEREFOR, BE IT RESOLVED THAT the appeals of the decision of the
Planning Commission on Subdivision application M -06 -009, Variance application V -11 -001 and
Architecture and Site applications S -06 -046 and S -06 -064 are hereby denied.
BE IT FURTHER RESOLVED the decision constitutes a final administrative
decision pursuant to Code of Civil Procedure section 1094.6 as adopted by section 1.10.085 of
the Town Code of the Town of Los Gatos. Any application for judicial relief from this decision
must be sought within the time limits and pursuant to the procedures established by Code of
Civil Procedure section 1094.6, or such shorter time as required by State and Federal Law.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of
Los Gatos, California, held on the 2nd day of April 2012, by the following vote:
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
N ADE VaESOS�20I2\Be1laV ista339- 341- denyappealxif
This Page
Intentionally
Left Blank
RESOLUTION 2012-
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
GRANTING APPEALS OF A PLANNING COMMISSION DECISION
DENYING A REQUEST FOR A LOT LINE ADJUSTMENT BETWEEN TWO
PARCELS, VARIANCE FOR DRVIVEWAY LENGTH AND TO CONSTRUCT TWO
SINGLE - FAMILY RESIDENCES ON PROPERTY ZONED R -1:8
AND REMANDING THE MATTER TO THE PLANNING COMMISSION FOR
FURTHER CONSIDERATION
APNs: 529 -23 -015 AND 529 -23 -016
SUBDIVISION APPLICATION M -06 -009
VARIANCE APPLICATION: V -11 -001
ARCHITECTURE AND SITE APPLICATIONS S -06 -046 AND S -06 -064
PROPERTY LOCATION: 339 AND 341 BELLA VISTA AVENUE
PROPERTY OWNER/APPLICANT: DAN ROSS AND JAKE PETERS
APPELLANT: DAN ROSS
WHEREAS, this matter came before the Town Council for public hearing on April 2,
2012, and was regularly noticed in conformance with State and Town law.
WHEREAS, Council received testimony and documentary evidence from the appellant
and all interested persons who wished to testify or submit documents. Council considered all
testimony and materials submitted, including the record of the Planning Commission proceedings
and the packet of material contained in the Planning Commission Reports dated October 12,
2011 and February 8, 2012, along with subsequent reports and materials prepared concerning this
application.
WHEREAS, the applicant proposed a lot line adjustment between two lawfully created,
non - conforming parcels (less than 8,000 square feet), a variance for reduced driveway lengths,
and to construct two new single - family homes on property zoned R -1:8. Surrounding properties
on Bella Vista Avenue are developed with single - family homes and the property below the site
on Maggi court is developed with medium density townhomes.
A 7 ,'A Hf f!ENT 1 5
WHEREAS, the Planning Commission last considered the applications on February 8,
2012, and voted to deny the Subdivision, Variance, and Architecture and Site applications based
on concerns about the proposed house size, bulk and mass at the rear, reduced setbacks and
pedestrian safety on Bella Vista.
WHEREAS, the applicant appealed the decision of the Planning Commission based on
his belief that the Planning Commission erred in its decision in stating that the denial was based
on home sizes of 2,400 square feet, a variance for the rear yard setback (when such variance is
not being requested), a perceived safety concern with the driveways was not substantiated by
fact, and that project opposition was factored into the denial.
WHEREAS, Council has determined that the Planning Commission erred in its decision
in that the proposed residences are of an acceptable architectural style for the neighborhood, the
reduced setbacks will be similar to setbacks of other properties on the west side of Bella Vista
Avenue, and single - family residences are an appropriate land use.
WHEREAS, Council further determined that the variance for reduced driveway length
is supported by the need for access to the sites, will result in less site disturbance, and is
consistent with existing development on the west side of Bella Vista Avenue.
NOW, THEREFORE, BE IT RESOLVED, the appeals of the decision of the Planning
Commission on Subdivision application M -06 -004, Variance application V -11 -001 and
Architecture and Site applications S -06 -046 and S -06 -064 are hereby granted and the
applications are remanded to the Planning Commission for further reduction of the house sizes to
bring the floor area closer to the allowable FAR, and to reduce the bulk and mass and lessen the
visual impact to residents living below the project site.
BE IT FURTHER RESOLVED, the decision constitutes a final administrative
decision pursuant to Code of Civil Procedure section 1094.6 as adopted by section 1.10.085 of
the Town Code of the Town of Los Gatos. Any application for judicial relief from this decision
must be sought within the time limits and pursuant to the procedures established by Code of
Civil Procedure section 1094.6, or such shorter time as required by State and Federal Law.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos,
California, held on the 2nd day of April 2012, by the following vote.
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
N: ',DEVUtES0S'20 12\BellaV ista339- 341- gmntappea1&,mmand.rtf
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RESOLUTION 2012-
RESOLUTION GRANTING APPEALS OF A PLANNING COMMISSION DECISION
DENYING A REQUEST FOR A LOT LINE ADJUSTMENT BETWEEN TWO
PARCELS, VARIANCE FOR DRVIVEWAY LENGTH AND TO CONSTRUCT TWO
SINGLE - FAMILY RESIDENCES ON PROPERTY ZONED R -1:8
APNs: 529 -23 -015 AND 529 -23 -016
SUBDIVISION APPLICATION M -06 -009
VARIANCE APPLICATION: V -11 -001
ARCHITECTURE AND SITE APPLICATIONS S -06 -046 AND S -06 -064
PROPERTY LOCATION: 339 AND 341 BELLA VISTA AVENUE
PROPERTY OWNER/APPLICANT: DAN ROSS AND JAKE PETERS
APPELLANT: DAN ROSS
WHEREAS, this matter came before the Town Council for public hearing on April 2,
2012, and was regularly noticed in conformance with State and Town law; and
WHEREAS, Council received testimony and documentary evidence from the appellant
and all interested persons who wished to testify or submit documents. Council considered all
testimony and materials submitted, including the record of the Planning Commission proceedings
and the packet of material contained in the Planning Commission Reports dated October 12,
2011 and February 8, 2012, along with subsequent reports and materials prepared concerning this
application; and
WHEREAS, the applicant proposed a lot line adjustment between two lawfully created,
non - conforming parcels (less than 8,000 square feet), a variance for reduced driveway lengths,
and to construct two new two -story single - family home on property zoned R -1:8. Surrounding
properties on Bella Vista Avenue are developed with single - family homes and the property below
the site on Maggi court is developed with medium density townhomes; and
i�
WHEREAS, the Planning Commission last considered the applications on February 8,
2012, and voted to deny the Subdivision, Variance, and Architecture and Site applications based
on concerns about the proposed house size, bulk and mass at the rear, reduced setbacks and
pedestrian safety on Bella Vista; and
WHEREAS, the applicant appealed the decision of the Planning Commission based on
his belief that the Planning Commission erred in its decision in stating that the denial was based
on home sizes of 2,400 square feet, a variance for the rear yard setback (when such variance is
not being requested), a perceived safety concern with the driveways was not substantiated by
fact, and that project opposition was factored into the denial; and
WHEREAS, Council has determined that the Planning Commission erred in its decision
in that the proposed residences are of an appropriate size for the neighborhood and will the Bella
Vista streetscape.
WHEREAS, Council further determined that the variance for reduced driveway length is
supported by the need for access to the sites, will result in less site disturbance, and is consistent
with existing development on the west side of Bella Vista Avenue; and
WHEREAS, Council incorporates the findings for approval attached as Attachment 12 to
the April 2, 2012 report to Council; and
NOW, THEREFORE, BE IT RESOLVED THAT the appeals of the decision of the
Planning Commission on Architecture and Site applications S -06 -046 and S -06 -064 are hereby
granted, subject to the conditions in Attachment 13 to the April 2, 2012 Council Report.
BE IT FURTHER RESOLVED that the decision constitutes a final administrative
decision pursuant to Code of Civil Procedure section 1094.6 as adopted by section 1.10.085 of
the Town Code of the Town of Los Gatos. Any application for judicial relief from this decision
must be sought within the time limits and pursuant to the procedures established by Code of
Civil Procedure section 1094.6, or such shorter time as required by State and Federal Law.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of
Los Gatos, California on the 2nd day of April 2012, by the following vote.
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
NADEV\RESOS\2012\BellaV ista339- 341- .-Mtappeal.ra
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Exhibit
OWN OF LOS % T OS
SINGLE FAMILY DWELLINGS WITHIN APPROXIMATE
HALF MILE RADIUS OF BELLA VISTA < 1000 sq ft
868 sq ft
208 Bella Vista
884 sq ft
312 Bella Vista
540 sq ft
10 Simons Way
576 sq ft
204 Caldwell Ave
544 sq ft
214 Caldwell Ave
944 sq ft
104 Los Gatos Blvd
838 sq ft
301 Los Gatos Blvd
752 sq ft
17 Cross Way
900 sq ft
27 Cross Way
956 sq ft
142 Whitney Ave
912 sq ft
40 Whitney Ave
880 sq ft
16886 Mitchell Ave
828 sq ft
16741 Loma Street
862 sq ft
16805 Loma Street
690 sq ft
16760 Loma Street
896 sq ft
16770 Loma Street
885 sq ft
130 Loma Alta Ave
836 sq ft
112 Loma Alta Ave
936 sq ft
102 Loma Alta Ave
990 sq ft
101 Loma Alta Ave
736 sq ft
140 Johnson Ave
816 sq ft
200 Johnson Ave
950 sq ft
16511 Ferris Ave
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U
From: ReverendWilson@aol.com (mailto:ReverendWilson(a)aol com]
Sent: Sunday, March 11, 2012 1:04 PM
To: Steve Rice; BSpector; Steve Leonardis; Diane McNutt; Joe Pirzynski; Tgwrl -;J or SOS GA cs
Manager; Attorney PLAINNING DIVISION
Subject: 339 -341 Bella Vista Avenue Proposal
Dear Gentlepersons:
We are sending this letter to express our concerns for plans submitted for the building of
two immense homes on 339 -341 Bella Vista Avenue in Los Gatos.
We are adamantly opposed to this for all the reasons that have been stated at the
February 8, 2012 Town Counsel Meeting.
My uncle lived at 312 Bella Vista Avenue for over 30 years. He bought this small (2/1, -
1000 sq. ft.) home because of the peacefulness, the majestic oaks, the beauty of the
street, and the school district.
Over the years he watched the growing traffic of cars, pedestrians, and bicyclists on
Bella Vista. Though grumbling about this, he accepted it. He enjoyed his modest home
until his death last year.
My uncle would turn over in his grave if the town allowed the owners to tear down the
trees and vegetation to build two immense homes on a steep cliff. Even more troubling
is, despite the Council's denial to permit and their request to reduce the square footage
of the homes, the proposed plans remain the same. These buildings will encroach
on current resident's privacy, view, sunshine, and safety.
For the loyal residents who have lived in Los Gatos and have followed the laws of the
town, it is difficult and puzzling to witness how the new owners blatantly disregard the
Council's request and move forward to rape the land and build for profit.
We implore you to deny the permit to build the homes as planned. We certainly feel it is
the owner's right to build a home that reflects the current homes in the neighborhood.
No one should be denied that right. However, like the residents of Los Gatos, they
should do what is right to fit into the neighborhood, respecting other resident's rights,
and follow the request of the Council.
Respectfully submitted,
Mr. Ron and the Reverend Rebecca Wilson
312 Bella Vista Avenue
Los Gatos, California 95032
281 550 -LOVE (5683)
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Dan and Deborah Ross
188 Villa Avenue RE 1 . 1 F t
Los Gatos, CA 95030
MAR 2 2 2u':2
March 22, 2012
TURN OF LOS GATOS
PLAi1NING DIVISION
The Honorable Steve Rice, Mayor
Town of Los Gatos
110 E. Main Street
Los Gatos, CA 95030
Re: 339 and 341 Bella Vista Avenue
Dear Mayor Rice and Council Members:
We are writing to request that the Town Council overturn the Planning Commission's
denial of our application for the properties referenced above. Working with our own
technical and architectural professional team, Town Planning Staff, Town
Engineering/Public Works and expert third -party professional consultants retained by the
Town to review our applications we have been mindful to address the opportunities and
constraints regarding these two legal parcels. Our goal is to arrive at a solution that best
fits and is compatible with the neighborhood, while providing homes that are livable by
today's standards.
REASONS FOR APPEAL
The Planning Commission (Motion and findings by Sayoc) erred by basing its denial on:
1) Home square footage not proposed. The Planning Commission specifically
stated that the denial was based on 2,400 sf homes. The proposed homes are not
2,400 sf. Our revised proposal to the Planning Commission in January 2012 was
an 1,803 sf home plus a 441 ft garage for 339 Bella Vista Avenue. We
furthermore proposed reducing the square footage of 341 Bella Vista Avenue
consistent with the reductions of 339 Bella Vista Avenue. Note: The square
footage of these plans has already been reduced two times through an iterative
process as described below. Please also note that further reductions in the size of
the proposed homes will have no practical benefit to the neighbors — it will only
result in very small homes by today's standards.
2) Variance not requested. The motion originally included rationale for denial
based on a rear yard setback variance which was not requested.
3) Perceived safety concern not substantiated by fact. The Planning Commission
stated the denial was based on a perceived safety issue without evidence to
support its conclusion. The Town's Engineering and Public Works Department,
the professional staff responsible for reviewing the site plan, has recommended
approval for the two homes, including their siting and driveway placement. The
Fire Department reviewed the plans and raised no safety concerns. Larry Cannon
also reviewed the plans and had no concerns about the location of the homes or
the driveways.
4) Opposition to homes. The Planning Commission stated that its denial was based,
in part, on opposition to the homes. The Planning Commission is a policy review
and implementation body; therefore, support or denial of a project because of
project support or opposition is outside the Planning Commission's purview.
KEY CONSIDERATIONS
There are several key considerations related to the application that we request that the
Town Council review:
Lot Line Adjustment. Both lots are legal and buildable. The Town Planning
Department's original recommendation to us in 2004 was to build homes that are
proportionate in mass and scale, and to save the large Oak tree near the middle of
the two lots, if possible. This is accomplished by a lot line adjustment.
Context: The Town Planning Department stated to us that the lot line adjustment
could be considered if: The owners of the lots agree (we do), and the resulting
benefit would be two more proportionate homes while saving the largest Oak tree
on the site. Our proposal results in precisely those benefits. This adjustment will
also allow us to create 31 feet of lateral separation between the two homes. See
Addendum .4
We respectfully ask that the Town Council consider that if the lot line adjustment
were not granted, the result will be the destruction of the largest Oak tree,
unequally sized homes, and less lateral separation between the homes. We
request approval of the lot line adjustment for the reasons stated above.
2. Neighborhood Context. The neighborhood consists of medium density attached
townhomes and motel /apartments /condominiums to the west of our homes, an
attached duplex to the north, and one- and two -story homes across the street
(some of which have apartments or condominiums behind them).
In comparison to the single family homes on the west side of Bella Vista Avenue,
the "neighborhood context" that the Planning Commission required that we use
for their review, our homes are directly compatible and consistent with the home
size, lot coverage, building placement, and driveway configuration among other
factors.
The most vocal opponents of these proposed homes live in the Maggi Court
townhouses. Each three -story, 35 foot tall Maggi Court townhome structure
below our homes is approximately 48 feet wide and 46 feet deep. There is
approximately six feet of separation between each townhome structure. In
comparison, our proposed homes are sited no less than 40 feet from the nearest
other dwelling. Per the public records, the Maggi Court townhomes are
approximately 1650 sf plus 500 sf garage, on —1300 sf lots. The townhomes have
little to no driveway aprons, limited landscape and marginal setbacks. The Maggi
Court townhomes have —122% lot coverage compared to lot coverage of 37% for
339 Bella Vista Avenue.
Furthermore, in an effort to reduce the perceived mass and scale of the proposed
homes; we have carefully designed the homes to
a) "step down" the hill,
b) partially embedded them into the hill, and
c) fit under the existing tree canopy
Overall our proposed homes have far less density on their lots, are lower in
height, and have materially greater setbacks than most neighboring dwellings,
including both single family homes and townhomes.
3. Home Square Footage. As noted above, the homes proposed are not 2,400 sf.
The proposed homes are 1,803 sf with 441 sf garages. The size of the proposed
homes is compatible with and consistent with the existing homes on the west side
of Bella Vista Avenue.
Background: At a neighbor meeting in 2008, a suggestion was made to enclose
what was originally proposed as an open patio area under the garage. That idea
was an intelligent way to utilize the proposed garage footprint. We made that
change. At that time, we also reduced the width of each home by 8', thereby
eliminating 416 sf of living space and removed an upper and lower balcony,
totaling an additional 108 exterior sf. See Addendum B. After the October 2011
Planning Commission meeting, we eliminated an additional two story mass
behind each garage by deleting a combination of interior and exterior space. See
Addendum C. Note: There is also a cellar portion of each home that is not
counted or included in square footage in accordance with the Town Code.
339 Bella Vista Avenue
The main level of the proposed home is now 921 sf. The areas below the main
level are less functional from a livability perspective and cannot be considered
similarly to the main living area. This is because the lower level will be partially
"embedded" on three sides. Although this is not optimal, the areas under the
garage and the main level should be utilized to add to the livability of the homes
whilst minimizing the footprint of the home. The updated plans now encompass:
• 37' 6" wide
• 28' 6 deep
• A 21' x 21' garage (smaller than townhome garages below)
• Total height of the rear elevation of 21' 6"
341 Bella Vista Avenue
In an effort to respond to the Planning Commission and continue our collaborative
approach, I explained to the Planning Commission that I was supportive of further
reduction in home size on 341 Bella Vista Avenue, consistent with the changes
proposed for 339 Bella Vista Avenue. To be clear, we showed the two different
home sizes at the Planning Commission meeting in January 2012 simply to
demonstrate the proposed reductions, but stated that we would be willing to
reduce the size of 341 Bella Vista Avenue as well. As you are aware the Planning
Commission denied the applications. We herein reiterate our willingness make
changes to 341 Bella Vista Avenue to match the revisions to 339 Bella Vista
Avenue. Note: These proposed homes are already small by today's standards.
4. Privacy. We have directly addressed privacy by completely blocking direct
views between the proposed homes and the townhomes below. This was done by
• Included a 6' tall wood privacy screen on the only remaining upper
balcony
• Incorporated a 6' tall wood privacy screen on the two lower
bedroom bump -outs
• Added a 6' tall wood privacy screen on the decks
• Designed high window placement
• Integrated frosted glass
• Added 30" view - restricting ledge outside the kitchen windows to
block any downward view.
• Eliminated five rear facing windows from the original plans for
each home.
As noted, these steps were taken to entirely block downward view to the
townhomes. The lower level bedroom bump -outs are proposed to allow some
natural light into the "embedded" lower bedrooms.
The existing mature trees between the subject homes and the townhomes will be
preserved assuming that the lot line adjustment is approved. It should be noted
that many of the existing trees are taller than the proposed homes. In addition, we
have provided a detailed landscape plan that will augment the existing native
landscape. Some of the neighboring townhomes have existing landscape as well,
including one with a large tree that helps with screening and contributes to the
existing shade pattern. All of these trees will provide screening and provide a
similar shade pattern to what already exists on the site. See Addendum E.
5. Driveway Variance. Our driveways are longer, and our proposed homes are
farther from the edge of pavement, than seven out of 10 existing homes on the
"down slope" of Bella Vista Avenue. The proposed distances to the edge of
pavement are compatible and consistent with the street.
Context: Every home frontage in Los Gatos includes an area where the driveway
meets the street. There is almost always an area of curb, gutter and sidewalk that
is public right -of -way and in most cases portions of the driveway and front yard
are located in, or bisect, the public right -of -way.
In our case, the proposed driveway length of 18 feet is supported by Town
Planning Staff and Town Engineering/Public Works. However, because there is
no curb, gutter and sidewalk, there is a technical requirement for a variance as a
portion of the driveway between the end of the current asphalt and where a curb,
gutter and sidewalk would typically be, is located. This is common for other
homes on Bella Vista Avenue, as well as on the down slope of other streets in Los
Gatos such as Oak Hill, Grove, Glen Ridge, and Villa. It is likewise common on
other streets in the Town that do not have curb, gutter and sidewalks including
portions of Blossom Manor that are inside Town limits. The driveway and siting
proposed for these homes compare favorably with existing homes on Bella Vista
Avenue to the front, and far exceed the driveway condition of the townhomes on
Maggi Court from a driveway perspective. See Addenda D and E.
6. Setback Exception. We are requesting modest setback exceptions, which are
typical for down slope lots on Bella Vista Avenue. All rear setbacks for the
proposed homes are compliant with one minor exception: The setback of the rear
right corner of 339 Bella Vista Avenue is 18' 6 ". However, when accounting for
the width of the trail at the bottom of the lot, the rear setback for 339 Bella Vista
Avenue exceeds the 20' requirement. Our homes will be located 40+ from the
Maggi Court homes.
The Planning Commission comments were supportive of the side setback for 341
Bella Vista Avenue, as it is adjacent to Highway 9. If we moved 341 Bella Vista
Avenue north, it would likely destroy the Oak tree in the middle of the lots (and
thereby would put us at risk of an adverse opinion from the Town arborist). We
feel that this 18" adjustment is sensible to preserve the Oak tree.
Environmental Review. The environmental review for the project is thorough
and complete and no significant impacts were identified that cannot be mitigated.
8. Neighborhood Outreach. As noted by the Town's Planning Staff, I have made
numerous good faith efforts in person and in writing over the past several years to
engage in a productive and collaborative dialogue with any and all of my
neighbors. As outlined in the staff report and record, many have refused to meet
with me, met with me in a confrontational manner or engaged in abusive language
both verbally and in writing. The neighbors have had my contact information
since 2008. Unfortunately, I have never been contacted by any of them for an
individual meetings. I have continued to be respectful throughout this long
process and I have made myriad changes to the plans to respond to substantive
issues raised and reasonable requests.
In closing we would also ask that the Town Council please consider that we are facing a
form of multiple jeopardy. Prior to purchasing these lots we were told by the Town that
these lots should accommodate modestly sized homes judged by "today's standards."
Homes designed at 1,803 sf are considered modest by today's standards and are
compatible with the neighborhood. We have responded carefully to suggestions by the
Town Planning Staff, third party experts retained by the Town to review our applications
and neighbor requests. We have reduced the mass and scale of the proposed homes on
multiple occasions.
We have now reduced the size of the proposed homes pursuant to guidance from the
Planning Commission, yet we have been denied exceptions that have been granted to
seemingly every other dwelling in this neighborhood. It seems unfair to us treat this
application than the existing homes in the neighborhood and the previously approved
plans for this neighborhood, as we are compatible with them, as judged by the existing
dwellings, on the street. )
We have designed homes that are compatible with the neighborhood, responded to input
from the Town's Planning Staff, the Town's independent third -party expert technical
consultants and community input. The people who object to this project almost
universally live in the houses that are more dense, taller, include more FAR, little to no
driveways and are materially more non - compliant than this project. See Addendum F.
We request that the Council overturn the Planning Commission's denial of the
applications for the reasons outlined herein.
We appreciate your consideration of our appeal. Please feel free to contact me if you
have questions or need additional information. I can be reached at 408 - 314 -5626.
Sincerely,
'CV
INOMMS "" Me. 1196M
Addendum A: Lot line adjustment
Current lot sizes:
Lot 1— 4,106 sf
Lot 2 — 6,049 sf
F
' - - Proposed lot sizes:
I Lot 1— 5,240 sf
F
� r Lot 2 — 4,915 sf
M-
)
IL BF.'LLI fi S7 .I{F
• Creates more space between the homes
— Addresses early plan concern
• Preserves the largest tree on the lots
• Allows for more equal -sized homes
Addendum B: Eliminated >400 sf each (2010)
Original Plans- 2007
• Eliminated 416 sf from each home
— Increased lateral separation
• 16' to 31'
— Saved coast live Oak tree
• Removed five rear - facing windows
• Eliminated one rear - facing balcony
• Added view - limiting devices
— Frosted glass now specified
— 6' tall fences
— Moved windows higher
2010 plans are 81/2' narrower vs.
the original plans; equal depth
2010 plans
Addendum C: Eliminated >100 sf (2012)
• Removed - 100 sf from rear of
339 Bella Vista Ave.
We also offer to revise 341
(even though it already complies with rear
2012 Plans The homes have already been
reduced in size by 23%
Addendum D:
Proposed driveways meet existing rule*
I
123 #125 #127 #143 #145 #205 9225217 I #341 #339 #333/331 #325 #403
1 1 Bridge 1 1 1
oR ZN PLAN VIEW S
DISTANCE FROM STREET
}Q
FROM STREET - --
TO FACE OFGARAGErtYPI
TO
TO FACE OF GARAGE ITYPr
OISTAHCE FROM STREET
- DISTANCE FROM STREET �-
70 FACE OF HOUSE ITYPI
=
TO FACE OF HOUSEITYPI
I
123 #125 #127 #143 #145 #205 9225217 I #341 #339 #333/331 #325 #403
1 1 Bridge 1 1 1
oR ZN PLAN VIEW S
Addendum E: Privacy, rear setback and scale are
reasonable
'Privacy thoroughly
addressed
7W
1 3 Rear wall height is 21'6".
The homes will be lower
than the existing tree
canopy
Rear setback is nearly
fully compliant
Addendum F:
to other
The homes are comparable in size
homes in this neighborhood
Existing homes on Bella sf of home excluding
Vista Avenue
sf of lot Ratio of home sf to lot sf
(all on West side)
garage
125
1,260
3,049 41.3%
127
999
3,484 28.7%
143
1,404
4,791 29.3%
145
1,750
4,791 36.5%
205
1,907
6,098 31.3%
385
3,016
10,018 30.1%
339
1,803
4,915 36.7%
(presented)
(existing 6,049 so (1&7% main level)
341
1,803
5,240 34.4%
(proposed)
(existing 4,106 so (17.6% main level)
Maggi Court - 1,650 - 1,300 127%
townhome