Attachment 3-6ATTACHMENT 4
RESOLUTION 2016-___
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
DENYING AN APPEAL OF THE DECISION OF THE PLANNING COMMISSION
DENYING A REQUEST TO DEMOLISH AN EXISTING TWO-FAMILY RESIDENCE
AND TO CONSTRUCT TWO NEW SINGLE-FAMILY RESIDENCES ON PROPERTY
ZONED R-1:8
APN: 529-22-038
ARCHITECTURE AND SITE APPLICATIONS: S-15-053 AND 054
PROPERTY LOCATION: 360 BELLA VISTA AVENUE
APPLICANT/APPELLANT: MICHAEL BLACK
PROPERTY OWNER: JOHN BRADY
WHEREAS, on March 9, 2016, the Planning Commission held a public hearing and
considered a request to demolish an existing two-family residence, subdivide one lot into two
lots, and to construct two new single-family residences property zoned R-1:8. The Planning
Commission approved the requested subdivision and denied the Architecture and Site
applications.
WHEREAS, the appellant has filed an appeal of the decision of the Planning
Commission denying the request to demolish an existing two-family residence and to construct
two new single-family residences.
WHEREAS, the appellant submitted revised plans on April 8, 2016 reducing the size
and height of the proposed residences and increasing the proposed front setbacks.
WHEREAS, this matter came before the Town Council for public hearing on May 3,
2016, and was regularly noticed in conformance with State and Town law.
WHEREAS, Town Council received testimony and documentary evidence from the
appellant and all interested persons who wished to testify or submit documents. Town Council
considered all testimony and materials submitted, including the record of the Planning
Draft Resolution to
be modified by Town
Council deliberations
and direction.
Commission proceedings and the packet of material contained in the Council Agenda Report for
their meeting on May 3, 2016, along with any and all subsequent reports and materials prepared
concerning this application.
WHEREAS, Council finds as follows:
A. The Town Council could not make one or more of the following, in accordance with
Town Code section 29.20.300:
1. Where there was error or abuse of discretion on the part of the Planning
Commission; or
2. New information was submitted to the Council during the appeal process that was
not readily and reasonably available for submission to the Commission; or
3. An issue or policy over which the Commission did not have discretion to modify
or address, but which is vested in the Council for modification or decision.
NOW, THEREFORE, BE IT RESOLVED:
1. The appeal of the decision of the Planning Commission denying a request to
demolish an existing two-family residence and to construct two new single-family residences
property zoned R-1:8 is denied.
2. 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 May, 2016, 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:\DEV\RESOS\2016\Bella Vista-360_DenyAppeal.docx
ATTACHMENT 5
RESOLUTION 2016-___
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
GRANTING AN APPEAL OF THE DECISION OF THE PLANNING COMMISSION
DENYING A REQUEST TO DEMOLISH AN EXISTING TWO-FAMILY RESIDENCE
AND TO CONSTRUCT TWO NEW SINGLE-FAMILY RESIDENCES ON PROPERTY
ZONED R-1:8 AND REMANDING THE MATTER TO THE PLANNING COMMISSION
FOR FURTHER CONSIDERATION
APN: 529-22-038
ARCHITECTURE AND SITE APPLICATIONS: S-15-053 AND 054
PROPERTY LOCATION: 360 BELLA VISTA AVENUE
APPLICANT/APPELLANT: MICHAEL BLACK
PROPERTY OWNER: JOHN BRADY
WHEREAS, on March 9, 2016, the Planning Commission held a public hearing and
considered a request to demolish an existing two-family residence, subdivide one lot into two
lots, and to construct two new single-family residences property zoned R-1:8. The Planning
Commission approved the requested subdivision and denied the Architecture and Site
applications.
WHEREAS, the appellant has filed an appeal of the decision of the Planning
Commission denying the request to demolish an existing two-family residence and to construct
two new single-family residences.
WHEREAS, the appellant submitted revised plans on April 8, 2016 reducing the size
and height of the proposed residences and increasing the proposed front setbacks.
WHEREAS, this matter came before the Town Council for public hearing on May 3,
2016, and was regularly noticed in conformance with State and Town law.
WHEREAS, Town Council received testimony and documentary evidence from the
appellant and all interested persons who wished to testify or submit documents. Town Council
Draft Resolution to
be modified by Town
Council deliberations
and direction.
considered all testimony and materials submitted, including the record of the Planning
Commission proceedings and the packet of material contained in the Council Agenda Report for
their meeting on May 3, 2016, along with any and all subsequent reports and materials prepared
concerning this application.
WHEREAS, Council finds as follows:
A. One or more of the following, in accordance with Town Code section 29.20.300:
1. Where there was error or abuse of discretion on the part of the Planning
Commission; or
2. New information was submitted to the Council during the appeal process that was
not readily and reasonably available for submission to the Commission; or
3. An issue or policy over which the Commission did not have discretion to modify
or address, but which is vested in the Council for modification or decision.
NOW, THEREFORE, BE IT RESOLVED:
1. The appeal of the decision of the Planning denying a request to demolish an
existing two-family residence and to construct two new single-family residences on property
zoned R-1:8 is granted and the applications are remanded to the Planning Commission for further
consideration.
2. The decision does not constitute a final administrative decision and the
application will be returned to Planning Commission for further consideration.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of
Los Gatos, California, held on the 3rd day of May, 2016, 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:\DEV\RESOS\2016\Bella Vista-360_RemandAppeal.docx
ATTACHMENT 6
RESOLUTION 2016-___
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
GRANTING AN APPEAL OF THE DECISION OF THE PLANNING COMMISSION
AND APPROVING A REQUEST TO DEMOLISH AN EXISTING TWO-FAMILY
RESIDENCE AND TO CONSTRUCT TWO NEW SINGLE-FAMILY RESIDENCES ON
PROPERTY ZONED R-1:8
APN: 529-22-038
ARCHITECTURE AND SITE APPLICATIONS: S-15-053 AND 054
PROPERTY LOCATION: 360 BELLA VISTA AVENUE
APPLICANT/APPELLANT: MICHAEL BLACK
PROPERTY OWNER: JOHN BRADY
WHEREAS, on March 9, 2016, the Planning Commission held a public hearing and
considered a request to demolish an existing two-family residence, subdivide one lot into two
lots, and to construct two new single-family residences property zoned R-1:8. The Planning
Commission approved the requested subdivision and denied the Architecture and Site
applications.
WHEREAS, the appellant has filed an appeal of the decision of the Planning
Commission denying the request to demolish an existing two-family residence and to construct
two new single-family residences.
WHEREAS, the appellant submitted revised plans on April 8, 2016 reducing the size
and height of the proposed residences and increasing the proposed front setbacks.
WHEREAS, this matter came before the Town Council for public hearing on May 3,
2016, and was regularly noticed in conformance with State and Town law.
WHEREAS, Town Council received testimony and documentary evidence from the
appellant and all interested persons who wished to testify or submit documents. Town Council
considered all testimony and materials submitted, including the record of the Planning
Draft Resolution to
be modified by Town
Council deliberations
and direction.
Commission proceedings and the packet of material contained in the Council Agenda Report for
their meeting on May 3, 2016, along with any and all subsequent reports and materials prepared
concerning this application.
WHEREAS, Council finds as follows:
A. One or more of the following, in accordance with Town Code section
29.20.300:
1. Where there was error or abuse of discretion on the part of the
Planning Commission; or
2. New information was submitted to the Council during the appeal
process that was not readily and reasonably available for
submission to the Commission; or
3. An issue or policy over which the Commission did not have
discretion to modify or address, but which is vested in the Council
for modification or decision.
NOW, THEREFORE, BE IT RESOLVED:
1. The appeal of the decision of the Planning Commission denying a request to
demolish an existing two-family residence and to construct two new single-family residences
property zoned R-1:8 is granted.
2. The Town Council hereby adopts all findings, considerations and conditions of
approval set forth in the documents attached as Exhibits A and B.
3. 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 May, 2016, 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:\DEV\RESOS\2016\Bella Vista-360_ApproveAppeal.docx
TOWN COUNCIL – May 3, 2016
REQUIRED FINDINGS AND CONSIDERATIONS FOR:
360 Bella Vista Avenue
Architecture and Site Applications S-15-053 and 054
Requesting approval to demolish an existing two-family residence and construct two new
single-family residences on property zoned R-1:8. APN 529-22-038.
PROPERTY OWNER: John Brady
APPLICANT: Michael Black
FINDINGS
Required finding for CEQA:
■ The project is Categorically Exempt pursuant to the adopted Guidelines for the
Implementation of the California Environmental Quality Act, Section 15303: New
Construction or Conversion of Small Structures.
Required finding for the demolitions:
■ As required by Section 29.10.09030(e) of the Town Code for demolitions:
1. The Town's housing stock will be maintained as the residences will be replaced.
2. The existing structures have no architectural or historical significance, and are in poor
condition.
3. The property owner does not desire to maintain the structures as they exist; and
4. The existing structures would conflict with the proposed subdivision.
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.
EXHIBIT A of Attachment 6
TOWN COUNCIL – May 3, 2016
CONDITIONS OF APPROVAL FOR ARCHITECTURE AND SITE
360 Bella Vista Avenue
Architecture and Site Applications S-15-053 and 054
Requesting approval to demolish an existing two-family residence and construct two new
single-family residences on property zoned R-1:8. APN 529-22-038.
PROPERTY OWNER: John Brady
APPLICANT: Michael Black
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 and in substantial compliance with the approved plans. Any changes or
modifications to the approved plans shall be approved by the Community Development
Director, DRC or the Planning Commission 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 requ ired 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. ARBORIST REQUIREMENTS: The developer shall implement, at their cost, all
recommendations made by Deborah Ellis, identified in the Arborist’s report dated as
received September 9, 2015, 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.
7. TREE FENCING: Protective tree fencing and other protection measures 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. Refer to tree fencing requirements and other
protection measures identified in the Arborist Reports prepared by Deborah Ellis dated as
received September 9, 2015, on file in the Community Development Department. Include
a tree protection plan with the construction plans.
EXHIBIT B of Attachment 6
8. SALVAGE OF BUILDING MATERIALS: Prior to the issuance of a demolition permit,
the developer shall provide the Community Development Director with written notice of
the company that will be recycling the building materials. 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.
9. STORY POLES: The story poles on the project site shall be removed within 30 days of
approval of the Architecture & Site application.
10. 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
11. PERMITS REQUIRED: A Demolition Permit shall be required for the demolition of the
existing structures and a Building Permit shall be required for the construction of the new
single-family residences. Separate permits are required for electrical, mechanical, and
plumbing work as necessary.
12. 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.
13. SIZE OF PLANS: Four sets of construction plans, minimum size 24” x 36”, maximum
size 30” x 42”.
14. 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 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, existing utility service lines such as water, sewer, and PG&E. No
demolition work shall be done without first obtaining a permit from the Town.
15. 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. As an alternate, the necessary foundation elements can be
designed by a licensed Civil Engineer to the Minimum Requirements of Chapter 4 of the
2013 California Residential Code.
16. FOUNDATION INSPECTIONS: A pad certificate prepared by a licensed civil engineer or
land surveyor shall be submitted to the project building inspector at foundation inspection.
This certificate shall certify compliance with the recommendations as specified in the soils
report, and that the building pad elevation and on-site retaining wall locations and
elevations have been prepared according to the approved plans. Horizontal and vertical
controls shall be set and certified by a licensed surveyor or registered civil engineer for the
following items:
a. Building pad elevation
b. Finish floor elevation
c. Foundation corner locations
d. Retaining Walls
17. RESIDENTIAL TOWN ACCESSIBILITY STANDARDS: The residence shall be
designed with adaptability features for single family residences per Town Resolution 1994-
61:
a. Wood backing (2” x 8” minimum) shall be provided in all bathroom walls at water
closets, showers, and bathtubs, located 34-inches from the floor to the center of the
backing, suitable for the installation of grab bars.
b. All passage doors shall be at least 32-inches wide on the accessible floor.
c. Primary entrance shall be a 36-inch wide door including a 5’x5’ level landing, no more
than 1/2-inch out of plane with the immediate interior floor level with an 18-inch
clearance at interior strike edge.
d. Door buzzer, bell or chime shall be hard wired at primary entrance.
18. TITLE 24 ENERGY COMPLIANCE: All required California Title 24 Energy Compliance
Forms must be blue-lined, i.e. directly printed, onto a plan sheet.
19. 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.
20. TOWN FIREPLACE STANDARDS: New wood burning fireplaces shall be an EPA Phase
II approved appliance as per Town Ordinance 1905. Tree limbs shall be cut within 10-feet
of Chimney.
21. HAZARDOUS FIRE ZONE: The project requires a Class A Roof assembly.
22. SPECIAL INSPECTIONS: When a special inspection is required by CBC Section 1704,
the architect or engineer of record shall prepare an inspection program that shall be
submitted to the Building Official for approval prior to issuance of the building permit. The
Town Special Inspection form must be completely filled-out and signed by all requested
parties prior to permit issuance. Special Inspection forms are available from the Building
Division Service Counter or online at www.losgatosca.gov/building
23. BLUE PRINT FOR A CLEAN BAY SHEET: The Town standard Santa Clara County
Valley Nonpoint Source Pollution Control Program Sheet (24x36) shall be part of the plan
submittal as the second page. The specification sheet is available at the Building Division
Service Counter for a fee of $2 or at ARC Blue Print for a fee or online at
www.losgatosca.gov/building.
24. APPROVALS REQUIRED: The project requires the following departments and agencies
approval before issuing a building permit:
a. Community Development – Planning Division
b. Engineering/Parks & Public Works Department
c. Santa Clara County Fire Department
d. West Valley Sanitation District
e. Local School District: The Town will forward the paperwork to the appropriate school
district(s) for processing. A copy of the paid receipt is required prior to permit
issuance.
f. Bay Area Air Quality Management District
TO THE SATISFACTION OF THE DIRECTOR OF PARKS AND PUBLIC WORKS:
Engineering Division
25. GENERAL: All public improvements shall be made according to the latest adopted Town
Standard Plans, Standard Specifications, and Engineering Design Standards. 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 an encroachment 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.
26. 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
27. 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), AT&T, Comcast, Santa Clara Valley Water District,
California Department of Transportation. Copies of any approvals or permits must be
submitted to the Town Engineering Division of the Parks and Public Works Department
prior to releasing any permit.
28. PUBLIC WORKS INSPECTIONS: The Developer or his/her 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.
29. RESTORATION OF PUBLIC IMPROVEMENTS: The Developer shall repair or replace
all existing improvements not designated for removal that are damaged or removed because
of the Developer's operations. Improvements such as, but not limited to, curb, gutter, and
pavement shall be repaired and replaced to a condition equal to or better than the original
condition. Any new concrete shall be free of stamps, logos, names, graffiti, etc. Any
concrete identified that is displaying a stamp or equal shall be removed and replaced at the
Contractor’s sole expense and no additional compensation shall be allowed therefore.
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. The
Developer shall request a walk-through with the Engineering Construction Inspector before
the start of construction to verify existing conditions.
30. STREET CLOSURE: Any proposed blockage or partial closure of the street requires an
encroachment permit. Special provisions such as limitations on works hours, protective
enclosures, or other means to facilitate public access in a safe manner may be required.
31. PLAN CHECK FEES: Plan check fees shall be deposited with the Town prior to plan
review at the Engineering Division of the Parks and Public Works Department.
32. INSPECTION FEES: Inspection fees shall be deposited with the Town prior to issuance of
any permits or recordation of the parcel map.
33. 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 Code. 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.
34. DRIVEWAY: The driveway conforms to existing pavement on Bella Vista Avenue shall
be constructed such that existing drainage patterns will not be obstructed.
35. TREE REMOVAL: A tree removal permit is required prior to the issuance of a grading or
building permit, whichever comes first.
36. WEST VALLEY SANITATION DISTRICT:
a. All sewer connection and treatment plant capacity fees shall be paid prior to the
recordation of any maps or the issuance of a sewer connection permit, whichever
occurs first. Written confirmation of payment of these fees shall be provided prior to
map recordation.
b. Sanitary sewer laterals are televised by West Valley Sanitation District and approved
by the Town of Los Gatos before they are used or reused. A sanitary sewer clean -out is
required for each property at the property line or location specify by the Town.
37. SOILS REVIEW: Prior to issuance of any permits, the Applicant’s engineers shall prepare
and submit a design-level geotechnical/geological 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. Approval of the
Applicant’s soils engineer shall then be conveyed to the Town either by letter or by signing
the plans.
38. 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.
39. SOIL RECOMMENDATIONS: The project shall incorporate the geotechnical/geological
recommendations contained in the Geotechnical & Geologic Investigation on Proposed
Two Custom Homes, 360 Bella Vista Avenue, Los Gatos, California by T. Makdissy
Consulting, Inc., dated July 2, 2015, and any subsequently required report or addendum.
Subsequent reports or addendum are subject to peer review by the Town’s consultant and
costs shall be borne by the applicant.
40. 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.
41. SIDEWALK/CURB IN-LIEU FEE: A curb and sidewalk in-lieu fee shall be paid prior to
issuance of a building permit. The estimated fee per the current Town Fee Schedule is
$16,320.00. This fee is based on 120 LF of curb at $64/LF and 540 square feet of 4.5-foot
wide sidewalk at $16/SF. The fee is subject to change every fiscal year.
42. 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.
43. 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 th e 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. All trucks transporting materials to and from the
site shall be covered.
44. 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 from the source. 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.
45. CONSTRUCTION MANAGEMENT PLAN: The Applicant shall submit a construction
management plan that shall incorporate at a minimum the employee parking, materials
storage area, concrete washout, and proposed outhouse locations.
46. SITE DESIGN MEASURES: All projects shall incorporate one or more of 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, if infiltration is
feasible.
e. Use landscaping to treat stormwater.
47. 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, an d 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.
48. 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 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.
49. 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 a minimum of ten (10) feet from the adjacent property line
and/or right of way.
50. 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 washed into
the Town’s storm drains.
51. GOOD HOUSEKEEPING: Good housekeeping practices shall be observed at all times
during the course of construction. All construction shall be diligently supervised 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 an
encroachment 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 an encroachment
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:
56. FIRE SPRINKLERS 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.
NOTE: The owner(s), occupant(s) and any contractor(s) or subcontractor(s) are r esponsible
for consulting with the water purveyor of record in order to determine if any modification
or upgrade of the existing water service is required. A State of California licensed (C -16)
Fire Protection Contractor shall submit plans, calculations, a completed permit application
and appropriate fees to this department for review and approval prior to beginning their
work.
57. 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 this office until compliance with the requirements of
the water purveyor of record are documented by that purveyor as having been met by the
applicant(s).
58. CONSTRUCTION SITE FIRE SAFETY: All construction sites must comply with
applicable provisions of the CFC Chapter 33 and our Standard Detail and Specification SI-
7. Provide appropriate notations on subsequent plan submittals, as appropriate to the
project.
59. ADDRESS IDENTIFICATION: New and existing buildings shall have approved address
numbers, building numbers or approved building identification placed in a position that is
plainly legible and visible from the street or road fronting the property. These numbers
shall contrast with their background. Address numbers shall be Arabic numbers or
alphabetical letters. Numbers shall be a minimum of 4 inches (101.6 mm) high with a
minimum stroke width of 0.5 inch (12.7 mm). Where access is by means of a private road
and the building cannot be viewed from the public way, a monument, pole or other sign or
means shall be used to identify the structure.
N:\DEV\CONDITIONS\2016\Bella Vista-360.docx
PBD
PENINSULA BU IL DERS 6 DEVELO PM E N r
RECEIVED
APR 8 2016
TOWN OF LOS GATOS
PLANN ING DIVISION
360 BELLA VISTA A VENUE, LOS GATOS
Town of Los G atos
Planning Department
110 E. Main Street
Los Gatos, CA 95030
Dear Staff,
After further consideration, we have made the fo ll owing revisions to our project. We would lik e City
Council to consider our project \vith the following changes shown in the additional set of plans.
Lott:
• 12" Overall Heig ht Reduction
• 198 Square Foot Reduction
• 0.28 FAR
• 1 O' A dditional Front Se tback
• 5" A dditional Setback from th e North Neighbo r
Lot 2:
• 12" Overall Height Reduc ti o n
• 250 Squar e Foot Reductio n
• 0.27 FAR
• 5' A dditional Front Setback
• 12" Additio nal Setback from the South Neighbor
We believe these propose d changes provide solutions to th e previously p osed ques tion o f "size and
mass ing". The pro p osed p lans for both homes comply with the R esidentia l Design G uid eline s.
These homes are well designed, are an appropriate size for the lots, and are compatible wi th the
surrounding h o mes in the n eighborhood . We believe this pro jec t is a great addition to the
neighborhood .
Regards,
Michael Blac k
P eninsula Builder s & Developme nt
ATTA CHMENT 1
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