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$1,376.00 43.00 Residential Office of 11 Town Clerk
per Commercial, Multi- 110 E. Main St., Los Gatos CA 95030
Tentative Map Appeal
APPEAL OF PLANNING COM I(� fI� ((�� �/J 1_-
I. the undersigned, do hereby appeal a decision of agile�ortltli isS%n AS L`'
foll"(PLEASE RINT NEATLY) �'�DATF OF PLANNING COMMISSION DECISION: t
PROJECT /APPLICATION NO: `AN 1h
ADDRESS LOCATION:
TOWN OF LOS GATOS
Pursuant to the Town Code, the Town Council tnay only grant an appeal of a Planning Commission decision in mosi mattes if h*e
Council finds that one of three (3) reasons exist for granting the appeal by a vote of at least three (3) Council members. Therefore,
please specify how one of those reasons exists in the appeal:
The Planning Commission erred or abused its discretion because 1 1 1
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2. There is new information that was not reasonably available at the time of the Planning Commission decision, which is ' O
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or address the follow
the new information if Possible): OR
The Planning Commission did not have discretion to modify Council: g P _ e that is vested in the Town
IMPORTANT: IF MORE SPACE IS NEEDED, PLEASE ATTACH ADDITIO�� S GQIOS
1. Appellant is responsible for fees for transcription of minutes. A $500.00 deposit is required at the time of riling,
2. Appeal must be filed within ten (10) calendar days of Planning Commission Decision accompanied by the required filing tee.
Deadline is 5:00 p.m. on the 10'6 day following the decision. if the 10 day is a Saturday, Sunday, or Town holiday, then it
may be filed on the workday immediately following the 10" day, usually a Monday.
3. The Town Clerk will set the hearing within 56 days of the dale of the
1967) Planning Commission Decision (Town Ordinance No.
4. An appeal regarding a Change of Zone application or a subdivision map only must be filed within the time limit specified in
the Zoning or Subdivision Code, as applicable, which is different from other appeals.
5. Once filed, the appeal will be heard by the Town Council,
6. If the reason for granting an appeal is the receipt of new information. the application will usually be returned to the Plan n ing
7. Commission for reconsideration.
PRINT NAME: e r n CC u, V n ✓t Li c SIGNATURE:
DATE: _J -9 —(y ADDRESS: LY7.TSarcfegR
PHONE: _ yaF - rr`73- S7�g S� W --
*** OFFICIAL USE ONLY * **
DATE OF PUBLIC HEARING: _ _ CONFIRMATION LETTER SENT` Date:
Pending Planning Department Confirmation TO APPLICANT & APPELLANT BY.
3 TO SEND PUBLICATION:
DATE OF PUBLICATION:
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$34300 Residential
$1 ,376,00 per Commercial, Multi-
family or Tentative Map Appeal
Office of the Town Clerk
110 E. Main St., Los Gatos CA 95030
APPEAL OF PLANNING COMMISSION DECISION
I, the undersigned, do hereby appeal a decision of th a O
follows: (PLEASE TYPE OR PRINT NEATLY) „c
DATE OF PLANNING COMMISSION DECISION:
PROJECT I APPLICATION NO: ' 3 080 JAN' I L'
ADDRESS LOCATION: 16960 S�qf oei �-C
Pursuant to the Town Code, the Town Council may only grant an appeal of a Planning Commission di cision in W
Council finds that one of three (3) reasons exist for granting the appeal by a vote of st least three (3) C gu%sil
please specify how one of those reasons exists in the appeal
I . The Planning Commission erred or abused its discre tion because
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There is new information that was not reasonably available at the time of the Planning Commission decision, which is
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(please attach the new information if possible): OR
The Planning Commission did not have discretion to modify or address the following policy or issue that is vested in the Town
IF MORE SPACE IS NF.F.DF.D, PLEASE ATTACH ADDITIONAL TrOWN OF
IMPORTANT:
1. Appellant is responsible for fees for transcription of minutes. A $500.00 deposit is reclutred al the time of filing.
2. Appeal must be filed within ten (10) calendar days of Planning Commission Decision accompanied by the required filing fee.
Deadline is 5:00 p.m. on the I & day following the decision. If the 10 " day is a Saturday, Sunday, or Town holiday, then it
may be filed on the workday immediately following the 10”' day, usually a Monday.
3, The Town Clerk will set the hearing within 56 days of the date of the Planning Commission Decision (Town Ordinance No.
1967)
4. An appeal regarding a Change of Zone application or a subdivision map only must be filed within the time limit specified in
the Zoning or Subdivision Code, as applicable, which is different from other appeals.
5. Once filed, the appeal will be heard by the Town Council.
6. If the reason for granting an appeal is the receipt of new information, the application will usually be returned to the Planning
Commission for reconsideration. %%�,ry��
7.(�(' r 4, ��, ^ h (� SIGNATURE: 1 —
DATE: NAME: C T fZn
ADDRESS: IYiS .SA /6
DATE: I"q -(4 SN+ ✓eu PA Qsr99
PHONE: tide 'l3' 8 !79 —
* ** OFFICIAL USE ONLY *`*
DAIS OF PUBIAC HEARING: CONFIRMATION LETTER SENT: Date:
Pending Planning Department Confirmation TO APPLICANT & APPELLANT BY:
DATE TO SEND PUBLICATION: DATE OF PUBLICATION: _
MAtCC.h I`� C
Supplemental Letter to Town Council RECEIVED
FEB - 5 2014
Regarding: 16560 Shannon Rd TOWN OF LOS GATOS
PLANNING DIVISION
February 5, 2014
Applicant:JG Building, LLC
To support the reasons for appealing the denial by Planning Council of Architectural and Site
Applications S -13 -071 & S -13 -080 on January 8, 2014.
The applicant's appeal is based on our belief that the Planning Commission erred or abused its discretion
in that:
The Commission erred in stating that the Commission is restricted only to the immediate neighborhood
when considering neighborhood compatibility and cannot consider beyond the immediate
neighborhood.
• On page 11 of the Residential Design Guidelines, it states "The greatest attention will be
given to the immediate neighborhood..." Nowhere does is say only limited to.
• The minutes of the January 8"' Planning Council meeting will reflect that Commissioner
O'Donnell said that his "basic reason for denying is because of the two stories."
• Commissioner Burch said the Commission's "hands get tied when looking at the
immediate neighborhood... ".
• There are multiple two -story homes directly adjacent to the immediate neighborhood
that are larger than the proposed project. (16516 Shannon Rd is 3,409 sq ft. 16336 W. La
Chiquita is 3,050 sq ft.)
• See attachment for map of the surrounding homes and how many are large two story
homes.
• When looking at the attached map of the surrounding neighborhood, there are 37 two -
story homes with an average of 3,316 square feet.
• On the same map, 44 homes are one -story (46% two-story/54% one -story)
The Commission refused to consider and acknowledge the church that is directly across the street and
stands 45 feet tall.
• The church is in the immediate neighborhood.
The Town's consulting architect deemed the projects compatible in size and mass of the immediate
neighborhood, found them to be well designed with good visual variety and detail.
The Town consulting architect had no recommendations for changes to the proposed
designs.
The Commission erred in stating that the proposed projects are not compatible with the immediate
neighborhood.
• Of the eight homes in the immediate neighborhood, there are two 2 -story homes.
ATTACHMENT 4
• There nothing in the Residential Guidelines that prohibit a 2 -story house.
The Residential Design Guideline was followed in how to design a home that is adjacent to a
one -story home.
• In the design of the projects, the immediate neighborhood properties were heavily
considered.
• The scale of the projects do not exceed the allowable FAR of immediate neighborhood.
• The character of the projects blend with the immediate neighborhood.
• High quality materials and craftsmanship are planned with the projects.
• The projects were designed with consideration of shadow impacts and the privacy
concerns of the immediate neighbors. (The neighbors on both sides of the subject
property have voiced their support of the project.)
• Access to the garages of the projects were heavily considered in the design. Lot 1 has
the driveway setback with the focus on the architectural style of the covered porch and
entrance. Lot 2 has the driveway entrance via W. La Chiquita.
• Design was to benefit the neighborhood.
The Commission erred in not allowing an opportunity for us to make modifications to the project with
specific design direction and not allowing us to bring back the projects back to the Planning Commission
for review.
• The Commission discussed options to the design, but in their denial, did not allow the
option.
A few other points:
The proposed houses meet all of the zoning rules and Residential Design Guidelines as determined by
the Town's planning staff and the Town's consulting architect.
We are not trying to push the boundaries as defined by the Residential Design Guidelines.
2,613 square feet of the lot is being used to create a sidewalk and curved border on the corner of
Shannon Rd and W. La Chiquita.
• This sidewalk and border will create a nice looking facade to the neighborhood.
• The sidewalk and border will create a higher level of safety of the kids going to the
schools and Blossom Hill Park.
• If the sidewalk was not put in, and if the 2,613 square feet was used in the calculations
of the FAR, the figures would be lower.
This neighborhood is an evolving neighborhood. It is comprised of many eclectic architecturally mixed
homes with two - stories throughout.
Many of the homes in the neighborhood are older homes that will eventually be considering
major remodels and /or complete new builds.
LEGEND: k E�
PROJECT SITE
IMMEDIATE NEIGHBORHOOD �4 5 1
TWO-STORY RESIDENCE _g �-nt S +^•rk�� _ay..v' ; I �., 4 fir,
CHURCH
BOLDING AREA 3,OOD SF
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4,554 SF
113 409
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'3,203 SF - .> J e a.
—_,;,, _ •I da .;;:, 2,215 SF•�
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4,652 -SPw'� ; 3056 2.839 SF nr {
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2,8925E4 , r
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310 SF r, _ 2;2 _ `
3,241 SF 39 SF
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RECEIVED
FEB 5 2014
TOWN OF LOS GATOS
PLANNING DIVISION
5- !!97/
5 - /3-O�'D
TOWN COUNCIL —March 3, 1014
REQUIRED FINDINGS & CONSIDERATIONS FOR:
16560 Shannon Road
Architecture and Site Applications S -13 -071 and S- 13-080
Consider an appeal of the decision of the Planning Commission denying a request to
demolish a pre -1941 existing single single - family residence and construct two new single -
family residences on a property zoned R -1:8. APN 532 -04 -001.
PROPERTY OWNER/APPLICANT: JG Building, LLC
APPELLANT: Jeff Curran, JG Building, LLC
FINDINGS
Required finding for CEQA:
The proposed project is Categorically Exempt pursuant to Sections 15303 of the State
Environmental Guidelines as adopted by the Town because the project consists of the
demolition of one single family residence and construction of single- family residences.
Required finding for the demolition of a single -family residence:
■ As required by Section 29.10.09030(e) of the Town Code for the demolition of a single -
family residence:
The Town's housing stock will be maintained as the single - family dwelling will be
replaced and an additional dwelling added.
The existing structure has no architectural or historical significance, and is in moderate
condition.
3. The property owner does not desire to maintain the structure as it exists; and
4. The economic utility of the structure was considered; it is not viable to maintain the
existing structure without resulting in demolition because the proposal to subdivide the
existing parcel was approved by the Planning Commission.
Required Compliance with the Residential Design Guidelines:
■ The project is in compliance with the Residential Design Guidelines for single - family homes
not in hillside residential areas.
CONSIDERATIONS
Required considerations in review of Architecture & 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.
N:,DEV\FIND(NGS\20141SHANN0N 16560.DOCX
ATrACHMM 5
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TOWN COUNCIL —March 3, 2014
CONDITIONS OF APPROVAL - For the Architecture & Site Applications
16560 Shannon Road
Architecture and Site Applications S -13 -071 and S -13 -080
Consider an appeal of the decision of the Planning Commission denying a request to
demolish a pre -1941 existing single single - family residence and construct two new single -
family residences on a property zoned R -1:8. APN 532 -04 -001.
PROPERTY OWNER/APPLICANT: JG Building, LLC
APPELLANT: Jeff Curran, JG Building, LLC
TO THE SATISFACTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT:
Planning Division
1. APPROVAL: This application shall be completed in accordance with all of the conditions
of approval listed below and in substantial compliance with the plans approved on March 3,
2014 and noted as received on November 14, 2013. Any changes or modifications made to
the approved plans shall be approved by the Director of Community Development, the
Development Review Committee, the Planning Commission, or the Town Council
depending on the scope of the changes.
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. 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 it can be demonstrated that they are needed for safety or security. The
lighting plan shall be reviewed during building plan check.
4. GENERAL: All existing trees shown on the plan and trees required to remain or to be
planted are specific subjects of approval of this plan, and must remain on the site.
5. TREE REMOVAL PERMIT: A Tree Removal Permit shall be obtained for any trees to be
removed, prior to the issuance of a building or grading permit.
6. TREE FENCING: Protective tree fencing shall be placed at the drip line of existing trees
prior to issuance of demolition and building permits 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. Refer to the
recommendations prepared by Deborah Ellis, MS, for details. Include a tree protection
fencing plan with the construction plans.
7. ARBORIST REQUIREMENTS: The developer shall implement, at their cost, all
recommendations made by Deborah Ellis, MS, identified in the Arborist's report, dated as
received September 26, 2013 on file in the Community Development Department. A
Compliance Memorandum shall be prepared by the applicant and submitted with the
building permit application detailing how the recommendations have or will be
addressed. These recommendations must be incorporated in the building permit plans, and
completed prior to issuance of a building permit where applicable.
8. REPLACEMENT TREES: Replacement trees shall be planted for all trees that are
removed. The number and size of new trees shall be determined using the canopy
replacement table in the Town's Tree Protection Ordinance. Required trees shall be
planted prior to final inspection.
ATTACtt 4M 6
9. TREE STAKING: The new trees to be planted shall be double - staked, using rubber tree
ties and shall be planted prior to occupancy.
10. RECYCLING: All wood, metal, glass, and aluminum materials generated from the
demolished structure shall be deposited to a company which will recycle the materials.
Receipts from the company(s) accepting these materials, noting the type and weight of
materials, shall be submitted to the Town prior to the Town's demolition inspection.
11. STORY POLES: The story poles on the project site shall be removed within 30 days of
approval of the Architecture & Site application.
12. 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.
Building Division
13. PERMITS REQUIRED: A separate building permit shall be required for each new single -
family residence. Separate permits are required for electrical, mechanical, and plumbing
work as necessary.
14. CONDITIONS OF APPROVAL: The Conditions of Approval must be blue -lined in full on
the second 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.
15. SIZE OF PLANS: Four sets of construction plans, minimum size 24" x 36 ", maximum
size 30" x 42 ".
16. DEMOLITION REQUIREMENTS: Obtain a Building Department Demolition
Application and a Bay Area Air Quality Management District Application from the
Building Department Service Counter. Once the Demolition Form has been completed, all
signatures obtained, and written verification from PG &E obtained that all utilities have
been disconnected, return the completed Form to the Building Department Service Counter
with the Air District's J# Certificate, PG &E verification, and three (3) sets of Site Plans
showing all existing structures and all existing utility lines such as water, sewer, and
PG &E. No demolition work shall be done without first obtaining a Demolition Permit
from the Town.
17. BUILDING ADDRESSES: Submit requests for new building addresses to the Building
Division prior to submitting for the building permit application process.
18. 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.
19. FOUNDATION INSPECTIONS: A pad certificate for each unit, 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 elevations 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 comer locations
d. Retaining Walls
20. RESIDENTIAL TOWN ACCESSIBILITY STANDARDS: The residential units 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' x 5' level landing,
no more than 1 -inch out of plane with the immediate interior floor level and with
an 18 -inch clearance at the interior strike edge.
d. Door buzzer, bell or chime shall be hard wired at the primary entrance.
21. TITLE 24 ENERGY COMPLIANCE: All required California Title 24 Energy Compliance
Forms must be blue -lined (sticky - backed) onto a sheet of the plans.
22. BACKWATER VALVE: The scope of this project may require the installation of a
sanitary sewer backwater valve per Town Ordinance 6.50.025. Please provide information
on the plans if a backwater valve is required and the location of the installation. The Town
of Los Gatos Ordinance and West Valley Sanitation District (WVSD) requires backwater
valves on drainage piping serving fixtures that have flood level rims less than 12- inches
above the elevation of the next upstream manhole.
23. TOWN FIREPLACE STANDARDS: New wood burning fireplaces shall be an EPA Phase
II approved appliance as per Town Ordinance 1905. Tree limbs shall be cut within 10 -feet
of chimneys.
24. 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, signed by all requested
parties, and be blue -lined on the construction plans. Special Inspection forms are available
from the Building Division Service Counter or online at www.losgatosca.gov/building
25. NONPOINT SOURCE POLLUTION STANDARDS SHEET: The Town standard Santa
Clara County Valley Nonpoint Source Pollution Control Program Sheet (or Clean Bay
Sheet 24x36) shall be part of the plan submittal as the second or third 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.
26. APPROVALS REQUIRED: The project requires the following departments and agencies
approval before issuing a building permit:
a. Community Development/Planning Division: Erin Walters (408) 354 -6867
b. Public Works Dept. /Engineering Division: 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 SATISFACTION OF THE DIRECTOR OF PARKS AND PUBLIC WORKS:
Engineering Division
27. 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.
28. APPROVAL: This application shall be completed in accordance with all the conditions of
approvals listed below and in substantial compliance with the latest reviewed and approved
development plans. Any changes or modifications to the approved plans or conditions of
approvals shall be approved by the Town Engineer
29. 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. It is the responsibility of the applicant/developer to obtain any necessary
encroachment permits from affected agencies and private parties, including but not limited
to, Pacific Gas and Electric (PG &E), SBC, Comcast, Santa Clara Valley Water District,
California Department of Transportation. Copies of any approvals or permits must be
submitted to the Town Engineering Department prior to releasing of any permit.
30. 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.
31. 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.
32. SITE SUPERVISION: The General Contractor shall provide qualified supervision on the
job site at all times during construction
33. DESIGN CHANGES: Any proposed changes to the approved plans shall be subject to the
approval of the Town prior to when altered work is started. The Applicant Project
Engineer shall notify, in writing, the Town Engineer at least 72 hours in advance of all the
proposed changes. Any approved changes shall be incorporated into the final "as- built"
plans.
34. GRADING PERMIT: Grading permit is required for all site grading and drainage work
except for exemptions listed in Section 12.20.015 of the Town Grading Ordinance. 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.
35. TREE REMOVAL: Copies of all necessary tree removal permits shall be provided prior to
issuance of a grading permit/building permit.
36. 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
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. DEDICATIONS: The following shall be dedicated on the parcel map by separate
instrument. The dedication shall be recorded before any permits are issues:
a. Shannon Road. A 30 foot half - street right -of -way with the chord of a 20 -foot
radius at the intersection with W. La Chiquita Avenue.
b. Public Service Easement (PSE). Five (5) feet wide, next to public right of ways.
41. DEMOLITION: The existing building shall be demolished prior to recordation of the
parcel map affected by this existing building
42. SOILS REVIEW: Prior to issuance of any permit, the applicant's engineers shall prepare
and submit a design-level geotechnical investigation for review and approval by the Town.
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.
43. SOILS ENGINEER CONSTRUCTION OBSERVATION: During construction, all
excavations and grading shall be inspected by the applicant's soils engineer prior to
placement of concrete and/or backfill so they can verify that the actual conditions are as
anticipated in the design -level geotechnical report, and recommend appropriate changes in
the recommendations contained in the report, if necessary. The results of the construction
observation and testing should be documented in an "as- built" letter /report prepared by the
applicants' soils engineer and submitted to the Town before final release of any occupancy
permit is granted.
44. FRONTAGE IMPROVEMENTS: Applicant shall be required to improve the project's
public frontage to current Town Standards. These improvements may include but not
limited to curb, gutter, sidewalk, driveway approaches, curb ramps, traffic signal, street
lighting (upgrade and/or repaint) etc.
45. 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 Section 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.
46. DRIVEWAY APPROACH: The developer shall install 2 Town standard residential
driveway approaches. The new driveway approach shall be constructed per Town Standard
Details.
47. CURB RAMPS: The developer shall construct 1 curb ramp in compliance with ADA
Standards at intersection of Shannon Road and W La Chiquita Avenue.
48. FENCING: Any fencing proposed within 200 -feet of an intersection shall comply with
Town Code Section §23.10.080.
49. SIGHT TRIANGLE AND TRAFFIC VIEW AREA: Any proposed improvements,
including but not limiting to trees and hedges, will need to abide by Town Code Section
23.10.080, 26.10.065, 29.40.030.
50. FENCES: Fences between all adjacent parcels will need to be located on the property
lines/boundary lines. Any existing fences encroached into the neighbors will need to be
removed and replaced to the correct location of the boundary lines. Waiver of this
condition will require signed and notarized letters from all affected neighbors.
51. AS -BUILT PLANS: An AutoCAD disk of the approved "as- built" plans shall be provided
to the Town prior to issuance of a Certificate of Occupancy. The AutoCAD file shall
include only the following information and shall conform to the layer naming convention:
a) Building Outline, Layer: BLDG - OUTLINE; b) Driveway, Layer: DRIVEWAY; c)
Retaining Wall, Layer: RETAINING WALL; d) Swimming Pool, Layer: SWIMMING -
POOL; e) Tennis Court, Layer: TENNIS- COURT; f) Property Line, Layer: PROPERTY -
LINE; g) Contours, Layer: NEWCONTOUR. All as -built digital files must be on the same
coordinate basis as the Town's survey control network and shall be submitted in AutoCAD
version 2000 or higher.
52. 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 of building permit is issued.
53. CONSTRUCTION STREET PARKING: No vehicle having a manufacture'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 to approval from
the Town Engineer.
54. 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.
55. 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.
56. COUNTY OF SANTA CLARA: Prior to start of any work along or within COUNTY
Rights -of -way, the developer shall obtain necessary encroachment permits for the proposed
work. Copy of approved encroachment permit is required to be submitted to Engineering
Department prior to Permit issuance.
57. 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 flusing 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. 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 in the
Uniform Plumbing Code adopted by the Town and maintain such device in a functional
operation condition. Evidence of West Sanitation District's decision on whether a
backwater device is needed shall be provided prior to issuance of a building permit.
58. BEST MANAGEMENT PRACTICES (BMPs): The applicant is responsible for ensuring
that all contractors are aware of all storm water quality measures and such measures are
implemented. Best Management Practices (BMPs) shall be maintained and be placed for
all areas that have been graded or disturbed and for all material, equipment and/or
operations that need protection. Removal of BMPs (temporary removal during construction
activities) shall be placed at the end of each working day. Failure to comply with the
construction BMP will result in the issuance of correction notices, citations, or stop orders.
59. SITE DESIGN MEASURES: All projects must incorporate the following measures:
a. Protect sensitive areas and minimize changes to the natural topography.
b. Minimize impervious surface areas.
C. Direct roof downspouts to vegetated areas.
d. Use permeable pavement surfaces on the driveway, at a minimum.
e. Use landscaping to treat stormwater.
60. 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-aftemoon watering to
minimize the effects of blowing dust. All public streets soiled or littered due to this
construction activity shall be cleaned and swept on a daily basis during the workweek to
the satisfaction of the Town. Demolition or earthwork activities shall be halted when wind
speeds (instantaneous gusts) exceed 25 MPH. All trucks hauling soil, sand, or other loose
debris shall be covered.
61. CONSTRUCTION ACTIVITIES: All construction shall conform to the latest requirements
of the CASQA Stormwater Best Management Practices Handbooks for Construction
Activities and New Development and Redevelopment, the ABAG Manual of Standards for
Erosion & Sediment Control Measures, the Town's grading and erosion control ordinance
and other generally accepted engineering practices for erosion control as required by the
Town Engineer when undertaking construction activities.
62. 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. 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' minimum from adjacent property line and /or right of way.
63. 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.
64. GOOD HOUSEKEEPING: Good housekeeping practices shall be observed at all times
during the course of construction. Superintendence of construction shall be diligently
performed by a person or persons authorized to do so at all times during working hours.
The storing of goods and /or materials on the sidewalk and/or the street will not be allowed
unless a special permit is issued by the Engineering Division. 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.
TO THE SATISFACTION OF THE SANTA CLARA COUNTY FIRE DEPARTMENT:
65. FIRE SPRINKLER SYSTEM REQUIRED: An automatic residential fire sprinkler system
shall be installed in one- and two - family dwellings as follows: In all new one- and two -
family dwellings and in existing one- and two - family dwellings when additions are made
that increase the building area to more than 3,600 square feet. Exception: A one -time
addition to an existing building that does not total more than 1,000 square feet of building
area. The new detached garage requires the installation of a fire sprinkler system. Note:
The owner(s), occupant(s), and any contractor(s) or subcontractor(s) are responsible for
consulting with the water purveyor of record in order to determine if any modification or
upgrade of the existing water service is required. Note: Covered porches, patios, balconies,
and attic spaces may require fire sprinkler coverage. 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.
66. WATER SUPPLY REQUIREMENTS: 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 record are documented by that purveyor as having
been met by the applicant(s).
67. PREMISES IDENTIFICATION: Approved numbers or addresses shall be placed on all
new 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.
68. CONSTRUCTION SITE FIRE SAFETY: All construction sites must comply with
applicable provisions of the CFC Chapter 14 and Standard Detail and Specification SI -7.
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RESOLUTION 2014-
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
DENYING AN APPEAL OF A PLANNING COMMISSION DECISION DENYING A
REQUEST TO DEMOLISH A PRE -1941 SINGLE - FAMILY RESIDENCE AND
CONSTRUCT TWO NEW SINGLE - FAMILY RESIDENCES
ON PROPERTY ZONED R -1:8
APN: 532 -04 -001
ARCHITECTURE AND SITE APPLICATIONS 5 -13 -071 AND 5 -13 -080
PROPERTY LOCATION: 16560 SHANNON RD.
PROPERTY OWNER/APPLICANT: JG BUILDING, LLC
APPELLANT: JEFF CURRAN, JG BUILDING, LLC
WHEREAS, this matter came before the Town Council for public hearing on March 3,
2014, 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 Report dated January 8, 2014
along with subsequent materials prepared concerning this application.
WHEREAS, the applicant requested approval of Architecture and Site applications
S -13 -071 and S -13 -080 to demolish a pre -1941 single family residence and construct two new
single family residences. Surrounding properties on Shannon Road and West La Chiquita
Avenue are developed with single- family homes and a church campus.
WHEREAS, the Planning Commission last considered the applications on January 8,
2014, and voted to deny the Architecture and Site applications based on concerns about
neighborhood compatibly of the proposed two story homes due to bulk and mass.
ATTACHMM 7
WHEREAS, the applicant appealed the decision of the Planning Commission based on
his belief that the Planning Commission erred in its decision in implying that the proposed two
story single family homes were not compatible with the immediate neighborhood.
WHEREAS, the Council has determined that the Planning Commission did not err in its
decision in that the proposed single family homes are not compatible with the immediate
neighborhood as they will be largest FAR in the immediate neighborhood, and two story homes
are not compatible with the immediate neighborhood and single story homes would be more
appropriate.
NOW, THEREFORE, BE IT RESOLVED THAT the appeals of the decision of the
Planning Commission Architecture and Site applications 5 -13 -071 through S -13 -080 are hereby
denied.
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, held on the 3rd day of March 2014, 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 ".DE VAESOS 2014,Shanwn 16560- denyappcaI of
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RESOLUTION 2014-
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
GRANTING AN APPEAL OF A PLANNING COMMISSION DECISION
APPROVING A REQUEST TO DEMOLISH A PRE -1941 SINGLE - FAMILY
RESIDENCE AND CONSTRUCT TWO NEW SINGLE - FAMILY RESIDENCES
ON PROPERTY ZONED R -1:8
AND REMANDING THE MATTER TO THE PLANNING COMMISSION FOR
FURTHER CONSIDERATION
APN: 532 -04 -001
ARCHITECTURE AND SITE APPLICATIONS S -13 -071 AND S -13 -080
PROPERTY LOCATION: 16560 SHANNON ROAD
PROPERTY OWNER/APPLICANT: JG BUIDLING, LLC
APPELLANT: JEFF CURRAN, JG BUILDING, LLC
WHEREAS, this matter came before the Town Council for public hearing on March 3,
2014, and was regularly noticed in conformance with State and Town law.
WHEREAS, Council received testimony and documentary evidence from the appellant,
applicant, and all interested persons who wished to testify or submit documents. Council
considered all testimony and materials submitted, including the record of the Planning
Commission proceedings and the packet of material contained in the Planning Commission
Report dated January 8, 2014, along with subsequent materials prepared concerning this
application.
WHEREAS, the applicant requested approval of Architecture and Site applications
S -13 -071 and S -13 -080 to demolish a pre -1941 single family residence and construct two new
single family residences. Surrounding properties on Shannon Road are developed with single
family residences (east, south and west), church and ancillary facilities (north).
A1TACHMMIT 8
WHEREAS, the Planning Commission considered the applications on January 8, 2014,
and voted to deny the Architecture and Site applications based on concerns about neighborhood
compatibility of the proposed two story homes due to bulk and mass.
WHEREAS, the appellant appealed the decision of the Planning Commission based on
his belief that the Planning Commission erred in its decision in implying that the proposed two
story single family homes were not compatible with the immediate neighborhood; and
WHEREAS, Council has determined that the Planning Commission erred in its decision
in that the proposed two story single family homes would be compatible with the bulk and mass
of the immediate neighborhood.
NOW, THEREFORE, BE IT RESOLVED, that the appeal of the decision of the
Planning Commission on Architecture and Site applications 5 -13 -071 and S -13 -080 are hereby
granted and the applications are remanded to the Planning Commission for further consideration
of the design of the two story homes and possible reduction of the building size.
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, held on the 3rd day of March, 2014, 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\RES0S \2014 \Shannon 16560- ganlappe l &re and.n
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RESOLUTION 2014-
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
GRANTING AN APPEAL OF A PLANNING COMMISSION DECISION DENYING A
REQUEST TO DEMOLISH A PRE -1941 SINGLE - FAMILY RESIDENCE AND
CONSTRUCT TWO NEW SINGLE - FAMILY RESIDENCES
ON PROPERTY ZONED R -1:8.
APN: 532 -04 -001
ARCHITECTURE AND SITE APPLICATIONS S -13 -071 AND S -13 -080
PROPERTY LOCATION: 16560 SHANNON ROAD
PROPERTY OWNERIAPPLICANT: JG BUILDING, LLC
APPELLANT: JEFF CURRAN, JG BUILDING, LLC
WHEREAS, this matter came before the Town Council for public hearing on March 3,
2014, 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 Report dated January 8, 2014,
along with subsequent materials prepared concerning this application; and
WHEREAS, the applicant requested approval of Architecture and Site applications
S -13 -071 and S -13 -080 to demolish a pre -1941 single family residence and construct two new
single family residences on property zoned R -1:8. Surrounding properties are developed with
single - family residences and a church campus.
WHEREAS, the Planning Commission last considered the applications on January 8,
2014, and voted to deny the Architecture and Site applications based on concerns about the
neighborhood compatibility of the proposed two story homes due to bulk and mass; and
ATTAI:ffi M 9
WHEREAS, the applicant appealed the decision of the Planning Commission based on
his belief that the Planning Commission erred in its decision in implying that the proposed two
story single family homes were not compatible with the immediate neighborhood; and
WHEREAS, Council has determined that the Planning Commission erred in its decision
in that the proposed two story single family homes are of an appropriate size and design for the
immediate neighborhood, and is compatible with adjacent and proximate development on
properties in the R -1:8 zone.
WHEREAS, Council incorporates the findings for approval attached as Attachment 5 to
the March 3, 2014 report to Council; and
NOW, THEREFORE, BE IT RESOLVED THAT, the appeal of the decision of the
Planning Commission on Architecture and Site applications S -13 -071 and S -13 -071 are hereby
granted.
BE IT FURTHER RESOLVED THAT, the Conditions of Approval attached hereto as
Exhibit A are hereby adopted as the Conditions of Approval for these applications.
NOW, THEREFORE, IT IS HEREBY 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 3rd day of March 2014, 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
N1DEVVLES0W014\Shan n16560- gamappu1.Fjf
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TOWN COUNCIL —March 3, 2014
CONDITIONS OF APPROVAL - For the Architecture & Site Applications
16560 Shannon Road
Architecture and Site Applications S -13471 and S -13 -080
Consider an appeal of the decision of the Planning Commission denying a request to
demolish a pre -1941 existing single single - family residence and construct two new single -
family residences on a property zoned R -1:8. APN 532 -04 -001.
PROPERTY OWNER/APPLICANT: JG Building, LLC
APPELLANT: Jeff Curran, JG Building, LLC
TO THE SATISFACTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT:
Planning Division
1. APPROVAL: This application shall be completed in accordance with all of the conditions
of approval listed below and in substantial compliance with the plans approved on March 3,
2014 and noted as received on November 14, 2013. Any changes or modifications made to
the approved plans shall be approved by the Director of Community Development, the
Development Review Committee, the Planning Commission, or the Town Council
depending on the scope of the changes.
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. 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 it can be demonstrated that they are needed for safety or security. The
lighting plan shall be reviewed during building plan check.
4. GENERAL: All existing trees shown on the plan and trees required to remain or to be
planted are specific subjects of approval of this plan, and must remain on the site.
5. TREE REMOVAL PERMIT: A Tree Removal Permit shall be obtained for any trees to be
removed, prior to the issuance of a building or grading permit.
6. TREE FENCING: Protective tree fencing shall be placed at the drip line of existing trees
prior to issuance of demolition and building permits 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. Refer to the
recommendations prepared by Deborah Ellis, MS, for details. Include a tree protection
fencing plan with the construction plans.
7. ARBORIST REQUIREMENTS: The developer shall implement, at their cost, all
recommendations made by Deborah Ellis, MS, identified in the Arborist's report, dated as
received September 26, 2013 on file in the Community Development Department. A
Compliance Memorandum shall be prepared by the applicant and submitted with the
building permit application detailing how the recommendations have or will be
addressed. These recommendations must be incorporated in the building permit plans, and
completed prior to issuance of a building permit where applicable.
8. REPLACEMENT TREES: Replacement trees shall be planted for all trees that are
removed. The number and size of new trees shall be determined using the canopy
replacement table in the Town's Tree Protection Ordinance. Required trees shall be
planted prior to final inspection.
ffiIBIT A
of Attachment
9. TREE STAKING: The new trees to be planted shall be double - staked, using rubber tree
ties and shall be planted prior to occupancy.
10. RECYCLING: All wood, metal, glass, and aluminum materials generated from the
demolished structure shall be deposited to a company which will recycle the materials.
Receipts from the company(s) accepting these materials, noting the type and weight of
materials, shall be submitted to the Town prior to the Town's demolition inspection.
11. STORY POLES: The story poles on the project site shall be removed within 30 days of
approval of the Architecture & Site application.
12. 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.
Building Division
13. PERMITS REQUIRED: A separate building permit shall be required for each new single -
family residence. Separate permits are required for electrical, mechanical, and plumbing
work as necessary.
14. CONDITIONS OF APPROVAL: The Conditions of Approval must be blue -lined in full on
the second 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.
15. SIZE OF PLANS: Four sets of construction plans, minimum size 24" x 36 ", maximum
size 30" x 42 ".
16. DEMOLITION REQUIREMENTS: Obtain a Building Department Demolition
Application and a Bay Area Air Quality Management District Application from the
Building Department Service Counter. Once the Demolition Form has been completed, all
signatures obtained, and written verification from PG &E obtained that all utilities have
been disconnected, return the completed Form to the Building Department Service Counter
with the Air District's J# Certificate, PG &E verification, and three (3) sets of Site Plans
showing all existing structures and all existing utility lines such as water, sewer, and
PG &E. No demolition work shall be done without first obtaining a Demolition Permit
from the Town.
17. BUILDING ADDRESSES: Submit requests for new building addresses to the Building
Division prior to submitting for the building permit application process.
18. 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.
19. FOUNDATION INSPECTIONS: A pad certificate for each unit, 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 elevations 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
20. RESIDENTIAL TOWN ACCESSIBILITY STANDARDS: The residential units 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' x 5' level landing,
no more than 1 -inch out of plane with the immediate interior floor level and with
an 18 -inch clearance at the interior strike edge.
d. Door buzzer, bell or chime shall be hard wired at the primary entrance.
21. TITLE 24 ENERGY COMPLIANCE: All required California Title 24 Energy Compliance
Forms must be blue -lined (sticky - backed) onto a sheet of the plans.
22. BACKWATER VALVE: The scope of this project may require the installation of a
sanitary sewer backwater valve per Town Ordinance 6.50.025. Please provide information
on the plans if a backwater valve is required and the location of the installation. The Town
of Los Gatos Ordinance and West Valley Sanitation District (WVSD) requires backwater
valves on drainage piping serving fixtures that have flood level rims less than 12- inches
above the elevation of the next upstream manhole.
23. TOWN FIREPLACE STANDARDS: New wood burning fireplaces shall be an EPA Phase
II approved appliance as per Town Ordinance 1905. Tree limbs shall be cut within 10 -feet
of chimneys.
24. 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, signed by all requested
parties, and be blue -lined on the construction plans. Special Inspection forms are available
from the Building Division Service Counter or online at www.losgatosca.gov/building
25. NONPOINT SOURCE POLLUTION STANDARDS SHEET: The Town standard Santa
Clara County Valley Nonpoint Source Pollution Control Program Sheet (or Clean Bay
Sheet 2406) shall be part of the plan submittal as the second or third 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.
26. APPROVALS REQUIRED: The project requires the following departments and agencies
approval before issuing a building permit:
a. Community Development/Planning Division: Erin Walters (408) 354 -6867
b. Public Works Dept./Engineering Division: 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 SATISFACTION OF THE DIRECTOR OF PARKS AND PUBLIC WORKS:
Engineering Division
27. 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.
28. APPROVAL: This application shall be completed in accordance with all the conditions of
approvals listed below and in substantial compliance with the latest reviewed and approved
development plans. Any changes or modifications to the approved plans or conditions of
approvals shall be approved by the Town Engineer
29. 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. It is the responsibility of the applicant /developer to obtain any necessary
encroachment permits from affected agencies and private parties, including but not limited
to, Pacific Gas and Electric (PG &E), SBC, Comcast, Santa Clara Valley Water District,
California Department of Transportation. Copies of any approvals or permits must be
submitted to the Town Engineering Department prior to releasing of any permit.
30. 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.
31. 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.
32. SITE SUPERVISION: The General Contractor shall provide qualified supervision on the
job site at all times during construction
33. DESIGN CHANGES: Any proposed changes to the approved plans shall be subject to the
approval of the Town prior to when altered work is started. The Applicant Project
Engineer shall notify, in writing, the Town Engineer at least 72 hours in advance of all the
proposed changes. Any approved changes shall be incorporated into the final "as- built"
plans.
34. GRADING PERMIT: Grading permit is required for all site grading and drainage work
except for exemptions listed in Section 12.20.015 of the Town Grading Ordinance. 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.
35. TREE REMOVAL: Copies of all necessary tree removal permits shall be provided prior to
issuance of a grading permit/building permit.
36. 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
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. DEDICATIONS: The following shall be dedicated on the parcel map by separate
instrument. The dedication shall be recorded before any permits are issues:
a. Shannon Road. A 30 foot half -street right -of -way with the chord of a 20 -foot
radius at the intersection with W. La Chiquita Avenue.
b. Public Service Easement (PSE). Five (5) feet wide, next to public right of ways.
41. DEMOLITION: The existing building shall be demolished prior to recordation of the
parcel map affected by this existing building
42. SOILS REVIEW: Prior to issuance of any permit, the applicant's engineers shall prepare
and submit a design -level geotechnical investigation for review and approval by the Town.
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.
43. SOILS ENGINEER CONSTRUCTION OBSERVATION: During construction, all
excavations and grading shall be inspected by the applicant's soils engineer prior to
placement of concrete and/or backfill so they can verify that the actual conditions are as
anticipated in the design -level geotechnical report, and recommend appropriate changes in
the recommendations contained in the report, if necessary. The results of the construction
observation and testing should be documented in an "as- built" letter /report prepared by the
applicants' soils engineer and submitted to the Town before final release of any occupancy
permit is granted.
44. FRONTAGE IMPROVEMENTS: Applicant shall be required to improve the project's
public frontage to current Town Standards. These improvements may include but not
limited to curb, gutter, sidewalk, driveway approaches, curb ramps, traffic signal, street
lighting (upgrade and/or repaint) etc.
45. 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 Section 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.
46. DRIVEWAY APPROACH: The developer shall install 2 Town standard residential
driveway approaches. The new driveway approach shall be constructed per Town Standard
Details.
47. CURB RAMPS: The developer shall construct 1 curb ramp in compliance with ADA
Standards at intersection of Shannon Road and W La Chiquita Avenue.
48. FENCING: Any fencing proposed within 200 -feet of an intersection shall comply with
Town Code Section §23.10.080.
49. SIGHT TRIANGLE AND TRAFFIC VIEW AREA: Any proposed improvements,
including but not limiting to trees and hedges, will need to abide by Town Code Section
23.10.080, 26.10.065, 29.40.030.
50. FENCES: Fences between all adjacent parcels will need to be located on the property
lines/boundary lines. Any existing fences encroached into the neighbors will need to be
removed and replaced to the correct location of the boundary lines. Waiver of this
condition will require signed and notarized letters from all affected neighbors.
51. AS -BUILT PLANS: An AutoCAD disk of the approved "as- built" plans shall be provided
to the Town prior to issuance of a Certificate of Occupancy. The AutoCAD file shall
include only the following information and shall conform to the layer naming convention:
a) Building Outline, Layer: BLDG - OUTLINE; b) Driveway, Layer: DRIVEWAY; c)
Retaining Wall, Layer: RETAINING WALL; d) Swimming Pool, Layer: SWIMMING -
POOL; e) Tennis Court, Layer: TENNIS- COURT; f) Property Line, Layer: PROPERTY -
LINE; g) Contours, Layer: NEWCONTOUR. All as -built digital files must be on the same
coordinate basis as the Town's survey control network and shall be submitted in AutoCAD
version 2000 or higher.
52. 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 of building permit is issued.
53. CONSTRUCTION STREET PARKING: No vehicle having a manufacture'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 to approval from
the Town Engineer.
54. 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.
55. 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.
56. COUNTY OF SANTA CLARA: Prior to start of any work along or within COUNTY
Rights -of -way, the developer shall obtain necessary encroachment permits for the proposed
work. Copy of approved encroachment permit is required to be submitted to Engineering
Department prior to Permit issuance.
57. SANITARY SEWER BACKWATER VALVE: Drainage piping serving fixtures which
have flood level rims less than twelve (12) inches (304.8 nun) above the elevation of the
next upstream manhole and /or flusing 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. 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 in the
Uniform Plumbing Code adopted by the Town and maintain such device in a functional
operation condition. Evidence of West Sanitation District's decision on whether a
backwater device is needed shall be provided prior to issuance of a building permit.
58. BEST MANAGEMENT PRACTICES (BMP's): The applicant is responsible for ensuring
that all contractors are aware of all storm water quality measures and such measures are
implemented. Best Management Practices (BMPs) shall be maintained and be placed for
all areas that have been graded or disturbed and for all material, equipment and /or
operations that need protection. Removal of BMPs (temporary removal during construction
activities) shall be placed at the end of each working day. Failure to comply with the
construction BMP will result in the issuance of correction notices, citations, or stop orders.
59. SITE DESIGN MEASURES: All projects must incorporate the following measures:
a. Protect sensitive areas and minimize changes to the natural topography.
b. Minimize impervious surface areas.
C. Direct roof downspouts to vegetated areas.
d. Use permeable pavement surfaces on the driveway, at a minimum.
e. Use landscaping to treat storrnwater.
60. DUST CONTROL: Blowing dust shall be reduced by timing construction activities so that
paving and building construction begin as soon as possible after completion of grading, and
by landscaping disturbed soils as soon as possible. Further, water trucks shall be present
and in use at the construction site. All portions of the site subject to blowing dust shall be
watered as often as deemed necessary by the Town, or a minimum of three times daily, or
apply (non - toxic) soil stabilizers on all unpaved access roads, parking areas, and staging
areas at construction sites in order to insure proper control of blowing dust for the duration
of the project. Watering on public streets shall not occur. Streets will be cleaned by street
sweepers or by hand as often as deemed necessary by the Town Engineer, or at least once a
day. Watering associated with on -site construction activity shall take place between the
hours of 8 a.m. and 5 p.m. and shall include at least one late - afternoon watering to
minimize the effects of blowing dust. All public streets soiled or littered due to this
construction activity shall be cleaned and swept on a daily basis during the workweek to
the satisfaction of the Town. Demolition or earthwork activities shall be halted when wind
speeds (instantaneous gusts) exceed 25 MPH. All trucks hauling soil, sand, or other loose
debris shall be covered.
61. CONSTRUCTION ACTIVITIES: All construction shall conform to the latest requirements
of the CASQA Stormwater Best Management Practices Handbooks for Construction
Activities and New Development and Redevelopment, the ABAG Manual of Standards for
Erosion & Sediment Control Measures, the Town's grading and erosion control ordinance
and other generally accepted engineering practices for erosion control as required by the
Town Engineer when undertaking construction activities.
62. 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. 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' minimum from adjacent property line and/or right of way.
63. 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.
64. GOOD HOUSEKEEPING: Good housekeeping practices shall be observed at all times
during the course of construction. Superintendence of construction shall be diligently
performed by a person or persons authorized to do so at all times during working hours.
The storing of goods and/or materials on the sidewalk and/or the street will not be allowed
unless a special permit is issued by the Engineering Division. 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.
TO THE SATISFACTION OF THE SANTA CLARA COUNTY FIRE DEPARTMENT:
65. FIRE SPRINKLER SYSTEM REQUIRED: An automatic residential fire sprinkler system
shall be installed in one- and two - family dwellings as follows: In all new one- and two -
family dwellings and in existing one- and two - family dwellings when additions are made
that increase the building area to more than 3,600 square feet. Exception: A one -time
addition to an existing building that does not total more than 1,000 square feet of building
area. The new detached garage requires the installation of a fire sprinkler system. Note:
The owner(s), occupant(s), and any contractor(s) or subcontractor(s) are responsible for
consulting with the water purveyor of record in order to determine if any modification or
upgrade of the existing water service is required. Note: Covered porches, patios, balconies,
and attic spaces may require fire sprinkler coverage. 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.
66. WATER SUPPLY REQUIREMENTS: 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 record are documented by that purveyor as having
been met by the applicant(s).
67. PREMISES IDENTIFICATION: Approved numbers or addresses shall be placed on all
new 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.
68. CONSTRUCTION SITE FIRE SAFETY: All construction sites must comply with
applicable provisions of the CFC Chapter 14 and Standard Detail and Specification SI -7.
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