Attachment 1 t & Exhibits 1-17Planning Commission Staff Report -Page 2
16362 Hi low Road/S-16 -011
July 20, 2016
CEQA:
FfNDINGS:
CONS ID ERA TIONS:
ACTION:
EXHIBITS:
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.
•
•
•
As required , pursuant to the adopted Guidelines for the
Implementation of the California Environmental Quality Act,
this project is Categorically Exempt, Section 15303 : New
Construction or Conversion of Small Structures.
As required by the Residential Design Guidelines that the
project complies with the Residential Design Guidelines.
As required by Section 29 .20.150 of the Town Code for granting
approval of an Architecture and Site application.
The decision of the Planning Commission is final unless appealed
within ten days.
l . Location map
2. Required Findings and Considerations (one page)
3 . Conditions of Approval (nine pages)
4 . Project data sheet (one page)
5 . Originally submitted Project Description and Letter of
Justification (three pages), received February 1, 2016
6 . Consulting Architect report (five pages), dated March 8, 2016
7 . Consulting Arborist report (43 pages), received March 7, 2016
8. May 3, 2016 Development Review Committee meeting minutes
9. May 17, 2016 Development Review Committee meeting minutes
10. June 7, 2016 Development Review Committee meeting minutes
11. Public comments
12. Letter from applicant's Geotechnical Engineer (two pages), dated
April 22, 2016
13 . Responses from the applicant regarding two of the neighbors e-
mails (six pages), received May 16 , 2016
14. Letter from the applicant (two pages), dated Ma y 27 , 2016
15. Appeal letter (four pages), received June 15, 2016
16. Letter from the applicant (15 pages), received July 13 , 2016
17 . Development Plans (10 sheets), received October 20, 2015
Planning Commission Staff Report -Page 3
16362 Hilow Road/S-16-011
July 20, 2016
BACKGROUND:
The existing 11 ,779-square foot site is currently v acant. The site previously contained an 1,056-
square-foot single-story residence with an attached carport. Prior to annexation to the Town, the
applicant received approval from the County to demolish the existing residence and the existing
home and carport have been removed. The applicant is proposing to construct a new two-story
residence with an attached garage.
The application was approved by the Development Review Committee on June 7, 2016. The
application approval was appealed on June 15, 2016.
PROJECT DESCRIPTION:
A. Location and Surrounding Neighborhood
The project site is located on the east side of Hi low Road south of Shannon Road (Exhibit
l ). The property is surrounded by single-family residential uses .
B. Architecture and Site Approval
Architecture and Site approval is required for construction of a new residence.
C. Zoning Compliance
The proposed project complies with the floor area, height , and building coverage
limitations . The proposed project complies with setback requirements and all required
parking is being provided on-site. The zoning permits a single-family residence.
ANALYSIS:
A. Architecture and Site
The applicant is proposing a 3,479-square foot two-story residence with a 932-square foot
attached garage and an 1,800-square foot cellar. The project would have a maximum height
of 26 feet. The proposed materials include: stucco and wood siding, stone veneer, and a
composition shingle roof. A color and materials board will be available at the Planning
Commission meeting and Exhibit 4 includes general project data.
The Town 's Architectural Consultant reviewed the project to provide recommendations
regarding architecture and neighborhood compatibility. The Consulting Architect 's
comments are included in Exhibit 6. The Consulting Architect commented that the ten-foot
ceiling heights increase the actual mass of the structure, while the setbacks of the second-
floor walls from those of the first floor work to mitigate the visual perception of the mass.
Planning Commission Staff Report -Page 4
16362 Hilow Road/S-16-011
July 20, 2016
The consultant recommended considering a reduction in the ceiling height(s). The
Consulting Architect recommended providing wood jambs and true divided-lights to the
casement windows in order to be compatible with the forms, scale, and materials of the mix
of traditional style homes in the established neighborhood.
The following outlines the Consulting Architect 's recommendations with the applicant's
response in italics.
1. Consider reducing the floor to ceiling heights.
The applicant reduced the second floor plate height from 10 feet to 9 feet.
2. Provide separate wood jambs between the windows.
The applicant modified the plans to comply with this recommendation.
3. Use true or simulated divided light windows in-lieu of the proposed surface mounted
mullions.
The applicant will us e simulated divided light windows.
B. Nei ghborhood Compatibility
Based on Town and County records, the residences in the immediate neighborhood range
in size from 1,056 square feet to 3,584 square feet (not including garage). The FARs range
from 0.09 to 0.30 . The applicant is proposing a 3,479-square foot home on a 11, 779 -
square foot parcel (0.30 FAR). The maximum allowed home square footage for the lot is
3 ,483 square feet.
The Neighborhood Analysis table on the next page reflects the current conditions in the
immediate neighborhood. The table includes the gross lot area, all lots in the area would be
subject to a slope reduction based on topography. The provided floor areas may include
cellars .
Planning Commission Staff Report -Page 5
16362 Hi low Road/S-16-011
July 20, 2016
ADDRESS House
16362 Hilow Road (E)* 1,056
16362 Hilow Road (P) 3,479
16 34 1 Hilow Road 1,380
16357 Hilow Road 2,106
16369 Hilow Road 1,056
16383 Hilow Road 2,339
16397 Hilow Road 3,330
16386 Hilow Road (E) 1,056
16386 Hilow Road (P)** 3 ,479
16374 Hilow Road 3,584
16350 Hilow Road 2,985
16338 Hilow Road 2,081
* Prior to demolition
** C urrently pending project
C. Tree Impacts
Garage
0
932
0
400
400
576
568
356
859
473
504
461
House House
and garage Lot size FAR Stories
1,056 11,779 0.09 1
4,411 11,779 0.30 2
1,380 10,300 0.13 1
2,506 9 ,944 0 .21 1
1,456 11,318 0.09 1
2,915 11 , 786 0.20 1
3 ,898 11 , 757 0.28 1
1,412 11,779 0.09 l
4,338 11 ,779 0.30 2
4,057 11 ,779 0.30 1
3,489 11 ,779 0.25 2
2,542 9,921 0.21 1
The applicant is proposing to remove one of the six onsite trees . The plans were reviewed
by the Town's consulting arborist on March 7 , 2016 (Exhibit 7). The tree being remo ved i s
a 22-inch Redwood (Tree #6). The applicant received approval to remo ve Tree #5 and
Tree #6 prior to annexation to the Town. However, the applicant is now only requ esting to
remove Tree #6. The applicant is required to comply with the recommendations of the
Consulting Arborist (Condition #6 of Exhibit 3) and the applicant will be required to
provide canopy replacement per Town Code standards for the tree being removed.
D . Environmental Review
The project is Categorically Exempt pursuant to the adopted Guidelines for the
Implementation of the California Environmental Qual ity Act, Section 15303: New
Construction or Conversion of Small Structures.
E. Deve lopment Review Committee
The Development Review Committee (DRC) considered the item on May 3 , 2016 (Exhibit
8). Written public hearing notices were sent to surrounding property owners and tenants
(minimum of 30).
Planning Commission Staff Report -Page 6
16362 Hilow Road/S-16-011
July 20, 2016
The following neighbors spoke at the hearing:
Mr. and Mrs. Wagner -16374 Hilow Road
Jeanne Driedger -220 Tourney Loop
Shannon Sussick -17670 Tourney Road
The main issues that were raised by the neighbors included : height, size, and mass of the
proposed residence. Staff continued the item to the May 17, 2016 DRC meeting so that the
applicant could work with the neighbors to address the concerns that were raised.
At the May 1 7, 2016 DRC hearing the neighbors listed above spoke as well as Perry Hariri
(16386 Hilow Road). The main issues that were raised by the neighbors included: height,
size, mass, cellar size, drainage concerns, loss of views, and neighborhood compatibility.
Staff continued the item to the June 7, 2016 DRC meeting so that the applicant could
continue to work with the neighbors to address the concerns that were raised.
The applicant made the following changes to the proposed project prior to the June 7 , 2016
DRC Hearing:
1. Reduced the height by two feet from 28 feet to 26 feet
2. Agreed to build an eight-foot fence prior to beginning construction
3. Reduced the square footage of the cellar from 3,026 square feet to 1,800 square feet
4. Agreed to increase the sill height of the windows on the side elevations to five feet to
mitigate privacy impacts
5. Agreed to remove only one tree instead of two
6. Changed overflow drainage to direct storm water to the front of the house
7. Agreed to relocate the proposed HVAC condenser
At the June 7 , 2016 DRC hearing only the Wagners spoke at the hearing. The Wagners
commented that there had been positive improvements to the project, that they prefer no
trees along the northern property line, and that the construction should be carefully
monitored .
The DRC found that the application was complete and in compliance with the Residential
Design Guidelines. The DRC included an additional conditi on (Condition #11 of Exhibit
3) to require two 48-inch box trees to be planted in the front of the proposed home .
F. Appeal
The application was appealed by Shannon Susick (Exhibit 15) based on neighborhood
compatibility, concerns regarding the proposed cellar, and the size, mass, and scale of the
proposed project among other issues outlined in Exhibit 15 .
('
16362 Hilow Road
EXHIBIT 1
This Page
Intentionally
Left Blank
PLANNING COMMISSION-July 27, 20 16
REQUIRED FINDINGS & CONSIDERATIONS FOR:
16362 Hilow Road
Architecture and Site Application S-16-011
Requesting approval to construct a new single-family residence on property zoned R-1 :8.
APN 532-04-082.
PROPERTY OWNER/APPLICANT: Valy Jalalian
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 Compliance with the Residential Design Guidelines:
• The project complies with the Residential Design Guidelines for single-fami ly homes not in
hillside residential areas.
CONS ID ERA TIO NS
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 a ll made in reviewing this project.
N :\D EV\FIN D IN GS\2 0 16\HILO W 16362 .DOCX
EXHIBIT 2
This Page
Intentionally
Left Blank
PLANNING COMMISSION -July 27, 2016
CONDITIONS OF APPROVAL
16362 Hilow Road
Architecture and Site Application S-16-01 1
Requesting approval to construct a new single-family residence on property zoned R-1 :8 . APN
532-04-082.
PROPERTY OWNER/APPLICANT: Valy Jalalian
TO THE SA TTSF ACTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT:
Planning Division
1. AP PROV AL: 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 and/or business operation 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: Exterio r lighting shall be kept to a minimum, and shall be down
directed fixtures that wi ll 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 subj ects 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 E lli s , identified in the Arborist's report dated as
received on March 7, 20 16, on file in the Community Development Department. A
Compli ance Memorandum shall be prepared by the applicant and submitted with the
building permit application detailing how the recommendations have or wi ll 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 March 7, 2016, on file in the Community Development Department. Include a
tree protection plan with the construction plans.
8. STORY POLES: The story poles on the project site shall be removed within 30 days of
approval of the Architecture & Site application.
9. 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
EXHIBIT 3
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.
10. FENCING: An eight foot fence shall be installed pursuant to Town Code requirements
prior to beginning construction on side and rear property lines where the adjacent neighbor
consents to such installation.
11. TREE SCREENING: Two 48-inch box trees shall be planted in the front of the proposed
home prior to issuance of a Certificate of Occupancy.
12. COMPLIANCE MEMORANDUM: A memorandum shall be prepared and submitted with
the building plans detailing how the Conditions of Approval will be addressed.
Building Divis ion
13. PERMITS REQUIRED: A Demolition Permit shall be required for the demolition of the
existing single-family residence and a Building Permit for the construction of the 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 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.
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 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 to include 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.
17 . 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.
18. SHORfNG: Shoring plans and calculations will be required for all excavations which exceed
four (4) feet in depth or which remove lateral support from any existing building, adjacent
property, or the public right-of-way. Shoring plans and calculations shall be prepared by a
California licensed Engineer and shall conform to Cal/OSHA regulations .
19. FOUNDATION INSPECTIONS: A pad certificate prepared by a licensed civil engineer or
land s urveyor 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 elevations
c. Foundation comer locations
20. 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 possible future grab bars.
b. All passage doors shall be at least 32-inches wide on the accessible floor .
c. Primary entrance shall have 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 interior strike edge.
d . Door buzzer, bell or chime shall be hard wired at primary entrance.
21 . TITLE 24 ENERGY COMPLIANCE: Required California Title 24 Energy Co mpliance
Forms must be blue-lined, i.e. directly printed, onto a plan sheet.
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 Di strict (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. HAZARDOUS FIRE ZONE: The project requires a Class A Roof Assembly.
25. WILD LAND-URBAN INTERFACE : This project is located in a Wildland Urban Interface
Fire Area and must comply with Section R327 of the 2013 California Residential Code.
26. PROVIDE DEFENSIBLE SPACE/FIRE BREAK LANDSCAPING PLAN: Prepared by a
California licensed landscape architect in conformance with California Public Resources
Code 4291 and California Government Code Section 51182.
27. PRIOR TO FINAL INSPECTION: Provide a letter from a California licensed landscape
architect certifying that the landscaping and vegetation clearance requirements have been
completed per the California Public Resources Code 4291 and Government Code section
51182.
28. 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
29. BLUE PRINT FOR A CLEAN BAY SH EET: 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.lo sgatosca.gov/b uild ing.
30. APPROVALS REQUIRED: The project requires the following departments and agencies
approval before issuing a building permit:
a. Community Development -Planning Division: Joel Paulson ( 408) 354-6879
b. Engineering/Parks & Public Works Department: Ryan Fong (408) 395-5340
c. Santa Clara County Fire Department: ( 408) 378-4010
d. West Valley Sanitation District: (408) 378-2407
e. Local School District: The Town will forward the paperwork to the appropriate
school district(s) for processing. A copy of the paid receipt is required prior to
permit issuance.
f. Bay Area Air Quality Management District: (415) 771-6000
31. ADVISORY COMMENT: Code compliant light, venti lation, and egress is required from the
Cellar.
TO THE SATISFACTION OF THE DIRECTOR OF PARKS AND PUBLIC WORKS:
Engin eering Division
32. 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-w ay according to this condition may result in the Town
performing the required maintenance at the Developer's expense.
33. 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
approva ls shall be approved by the Town Engineer
34. ENCROACHMENT PERMIT: All work in the public right-of-way will require a
Construction Encroachment Permit. All work over $5 ,000 will require construction securit y.
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 re leasing any
permit.
35. 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-s ite 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.
36. 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, sidewalk,
driveway, 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 provi sions. The
Developer shall request a walk-through with the Engineering Construction Inspector before
the start of construction to verify existing conditions.
37. STREET/SIDEWALK CLOSURE: Any proposed blockage or partial closure of the street
and /or sidewalk 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.
38. 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.
39. INSPECTION FEES: Inspection fees shall be deposited with the Town prior to issuance of
any permits.
40. DRIVEWAY APPROACH: The Developer shall install a new Town standard residential
driveway approach. 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 so le expense and no additional compensation shall be allowed therefore.
41. UTILITIES: The Developer shall install all new, relocated, or temporarily remo ved utility
services, including telephone, electric power and all other communications lines
underground, as required by Town Code Section 27 .50.0 l 5(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 al ignment or design of these faci liti es.
42. WVSD (West Valley Sanitation District): Sanitary sewer lateral s are televised b y Wes t
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.
43. SIDEWALK IN-LIEU FEE: A sidewalk in-lieu fee is required prior to issuance of a
building permit. The estimated fee per the current Town Fee Schedule is $5 ,408.00. This fee
is based on 338 square feet of 4.5-foot wide sidewalk at $16/SF. The fee is subject to change
every fiscal year.
44. SIGHT TRIANGLE AND TRAFFIC VIEW AREA: Any proposed improvements, including
but not limiting to trees and hedges, will need to abide by Town Code Sections 23.10.080,
26.10.065, and 29.40.030.
45. 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.
46. 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 ha uled 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.
47. 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.
48 . 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.
49. 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.
e. Use landscaping to treat stormwater.
50. 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 th e 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.
51. 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.
52. SITE DRAINAGE: Rainwater leaders shall be discharged to splash blocks. No through curb
drains will be allowed. Any storm drain inlets (public or private) directly connected to public
storm sys tem 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 s urfaces. If dry wells are to be used they
shall be placed a minimum of ten (10) feet from the adjacent property lin e and/or right of
way.
53 . SILT AND MUD IN PUBLIC RIGHT-OF-WAY : It is the responsibility of contractor and
home owner to make sure that all dirt tracked into the public right-of-way is cleaned up on a
daily basis. Mud, silt, concrete and other construction debris SHALL NOT washed into the
Town's storm drains.
54. GOOD HOUSEKEEPING: Good housekeeping practices shall be observed at a ll 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 an d/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 faci liti es. The storing of goods and materials on the sidewalk and /or the
street w ill 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:
55 . Review of this Developmental proposal is limited to acceptability of site access and water
supply as they pertain to fire department operations, and shall not be construed as a substitute
for formal plan review to determine compliance with adopted model codes. Prior to
performing any work the applicant shall make application to , and recei ve from, the Building
Department all applicable construction permits.
56. Fire Sprinklers Required: An automatic residential fire sprinkler system s hall 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 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. 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. CRC Sec. 313 .2 as
adopted and amended by LGTC
57 . Water Supply Requirements: Potable water supplies shall be protected from contamination
ca used by fire protection water supplies. It is the responsibility of the ap plicant and any
contractors and subcontractors to contact the water purveyor supplying the site of such
project, and to comply with the requirement s 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 capab le 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). 2010 CFC Sec.
903.3.5 and Health and Safety Code 13114.7
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. CFC Chp. 33
59. Address identification. New and ex isting buildings shall have appro ved 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. Where required by the fire code official, address numbers shall be
provided in additional approved locations to facilitate emergency response. 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. Address numbers shall be
maintained. CFC Sec. 505 .1
60. Plans not approved. To prevent plan review and inspection delays , the above noted
Developmental Review Conditions shall be addressed as "notes" on all pending and future
plan submittals and any referenced diagrams to be reproduced onto the future plan submittal.'
N:\DE V\C O N DITIO NS \2 016\Hilowl 6362 .d ocx
. -. -··
16362 Hilow Road -PROJECT DATA
EXISTING PROPOSED REQUIRED/
CONDITIONS PROJECT PERMITIED
Zoning d istrict R-1:8 same -
Land use Vacant New House -
General Plan Designation Low density residential same -
Lot size (sq. ft.)
• gross lot area 11,779 same 8,000 sq. ft. minimum
Exterior materials:
• siding N/A Stucco, Wood, and -
Ledgestone
trim N /A Wood • -
windows N /A Wood Clad • -
• roofing N/A Composition Shingle -
Building floor area:
first floor N /A 2,157 -•
• second floor N /A 1,32 2 -
• garage N /A 932 -
• cellar N/A 1,800 -
Setbacks (ft.):
front N/A 25' 2 5 feet minimum •
• rear N /A 53 ' 20 feet minimum
side N /A • 8' 8 feet minimum
Maximum height (ft.) N /A 26'
30 feet max imum
Building coverage (%) N /A 26% 40% maximum
.EXHIB!I 4
Floor Area Ratio (sq. ft.)
• house N/A 3,479 3,483 sq. ft. maximum
• garage N/A 932 954 sq. ft . maximum
Parking N/A 4 Two spaces minimum
Tree Removals N/A 1 Canopy replacement
Written description of proposed Project:
APN: 532-04-082
Project Name: Jalalian Residence
Address: 16362 Hilow Road, Los Gatos Ca 95032
(
RECEIVED
Ft8 0 ·1 20 16
TOWN OF LOS GATOS
PLANN ING DIVISION
The scope of the project entails demolition of existing structure and building a new single family
home. The existing structure i s 3 beds 1 bath 1,056 square feet of living area on 11, 779 square
feet of land which was built in 1952. The current project is to design and buj Jd a new single
family residence with 2 stori es, 4 beds 4 1/2 bath approximately 3,484 square feet ofliving area
in first & second floor, 2856 square feet of ce.llar and 820 square feet of garage.
Valy Jalalian
EXHIB IT 5
Letter of Justification
APN: 532-04-082
Project Name: Jalalian Residence
Address: 16362 Hilow Road, Los Gatos Ca 95032
RECEIV ED
FEB 0 1 2016
TOWN OF LOS GATOS
PLAN~ING DIVISION -·-
I am writing this letter of justification to obtain approval for demolition of existing single family
home to build a new single family located at 16362 Hilow Rd L os Gatos.
The analysis of existing home illustrates current infrastructure, foundations and living area
available on the land is insufficient to meet our needs. We therefore need to be able to optimize
use of the land by new development. By removing the existing structure, it wilJ allow us to
expand and create additional Living area and garage. As is current stmcture does not support any
reasonable expansion.
V aly Jalalian
r
16362 Hilow Rd Los Gatos, Ca 95032
5 Homes across the street in front of the subject property
16411 Hilow Rd 16397 16383
SQF 2534 3,330 2,339
Year Build 1951 1992 1951
Lot Size .26 .28 10,454
("'
RECEfVElD
FEB 0 1 2016
TOWN OF LOS GATOS
PLANNING DIVISION
16369 16357
1056 2,106
1954 1954
9,944 9148
-------------------------------------------HI LOW R 0----------------------------------------
2 Homes on each side of the subject property at 16362 Hilow Road :
16338 Hilow Road 16350 16362 16374 16386
SQF 1,056 3,584 1056 2,985 2,081
Year Build 1954 1956 2016 2005 1955
Lot Siz e .27 .27 .27 .27 9,583
This Page
Intentionally
Left Blank
i\farch 8, 20 16
Ms. Susie Pineda
Community D evelopment Department
Town of Los Gatos
11 0 E . i\f ain Street
Los Gatos. C\ 95031
RE: 16362 Hilow Road
Dear Susie:
(
ARCHITECTURE PLANNING URBAN DE SIGN
I re.viewe d the drawings, :111d reviewed the site context My comments and recommenda tion s are as foll ows:
Neighborhood Context
The site is located in an o ld er established neighborhood v.i th a mix o f traditional architectural styles. Photographs o f the
site and nearby home s are sh own on the fo llowing p age.
700 LARKSPUR LANDI NG CIRC LE . SUITE 199 . LARKSPUR. CA. 94939
.EXHlBIT 6
TEL: 415 .331.3 79 5
CDGPL.\N @PACBELL.NET
This Page
Intentionally
Left Blank
WARNING
TREE PROTECTION ZONE
This fence shall not be removed
and is subject to penalty according to
Los Gatos Town Code 29.10.1025
This Page
Intentionally
Left Blank
LOS GATOS TOWN CODE
Chapter 29 -ZONING REGULATIONS
Article I. -IN GENERAL
Division 2. TREE PROTECTION
Sec. 29.10.1005. Protection of trees during construction.
(a) Protective tree fencing shall specify the following:
(1) Size and materials. Six (6) foot high chain link fencing , mounted on two-inch diameter galvanized iron
posts, shall be driven into the ground to a depth of at least two (2) feet at no more than 10-foot spacing.
For paving area that will not be demolished and when stipulated in a tree preservation plan , posts may
be supported by a concrete base.
(2) Area type to be fenced. Type I: Enclosure with chain link fencing of either the entire dripline area or at
the tree protection zone (TPZ), when specified by a certified or consulting arborist. Type II : Enclosure for
street trees located in a planter strip: chain link fence around the entire planter strip to the outer
branches. Type Ill: Protection for a tree located in a small planter cutout only (such as downtown):
orange plastic fencing shall be wrapped around the trunk from the ground to the first branch with 2-inch
wooden boards bound securely on the outside. Caution shall be used to avoid damaging any bark or
branches.
(3) Duration of Type I, II, Ill fencing . Fencing shall be erected before demolition, grading or construction
permits are issued and remain in place until the work is completed . Contractor shall first obtain the
approval of the project arborist on record prior to removing a tree protection fence.
(4) Warning sign. Each tree fence shall have prominently displayed an 8 .5 x 11-inch sign stating:
'Warni ng-Tree Protection Zone-this fence shall not be removed and is subject to penalty according to
Town Code 29.10.1025".
(b) All persons. shall comply with the following precautions:
(1) Prior to the commencement of construction, install the fence at the dripline, or tree protection zone
(TPZ) when specified in an approved arborist report, around any tree and/or vegetation to be retained
which could be affected by the construction and prohibit any storage of construction materi als or other
materials , equipment cleaning , or parking of vehicles within the TPZ. The dripline shall not be altered in
any way so as to increase the encroachment of the construction.
(2) Prohibit all construction activities within the TPZ, including but not limited to: excavation , grading,
drainage and leveling within the dripline of the tree unless approved by the Director.
(3) Prohibit disposal or depositing of oil, gasoline, chemicals or other harmful materials within the
dripline of or in drainage channels, swales or areas that may lead to the dripline of a protected tree.
(4) Prohibit the attachment of wires, signs or ropes to any protected tree.
(5) Design utility services and irrigation lines to be located outside of the dripline when feasible.
(6) Retain the services of a certified or consulting arborist who shall serve as the project arborist for
periodic monitoring of the project site and the health of those trees to be preserved . The project arborist
shall be present whenever activities occur which may pose a potential threat to the health of the trees to
be preserved and shall document all site visits.
(7) The Director and project arborist shall be notified of any damage that occurs to a protected tree
during construction so that proper treatment may be administered.
(Ord . No. 2114 , §§ I , 11 , 8-4-03)
Page 1of4
Sec. 29 .10.1010. Pruning and maintenance.
All pruning shall be in accordance with the current version of the International Society of Arboriculture Best
Management Practices-Tree Pruning and ANSI A300-Part 1 Tree, Shrub and Other Woody Plant
Management-Standard Practices , (Pruning) and any special condit ions as determined by the Director. For
developments , which require a tree preservation report , a certified or consult ing arborist shall be in reasonable
charge of all activities involving protected trees , including pruning , cabling and any other work if specified .
(1) Any public utility installing or maintaining any overhead wires or underground pipes or conduits
in the vicinity of a protected tree shall obtain permission from the Director before performing any
work, including prun ing, which may cause injury to a protected tree. (e .g. cable TV/fiber optic trenching ,
gas, wate r, sewer trench , etc.).
(2) Pruning for clearance of utility lines and energized conductors shall be performed in compliance
w ith the current version of the American Nat ional Standards Institute (ANSI) A300 (Part 1)-Pruning ,
Section 5.9 Utility Pruning . Using sp ikes or gaffs when prun ing , except where no other alternative is
available , is prohib ited.
(3) No person shall prune, trim, cut off, or perform any work, on a single occasion or cumulatively,
over a three-year period , affecting twenty-five percent or more of the crown of any protected tree
without first obta ining a permit pursuant to this division except for pollarding of fruitless mulberry
trees (Moru s alba) or other species approved by the Town A rborist. Applications for a pruning permit
shall include photographs ind icating where prun ing is proposed .
(4) No person shall remove any Heritage tree or large protected tree branch or root through pruning
or other method greater than four (4) inches in diameter (12.5" in circumference) without first
obta ining a perm it pursuant to this div is ion.
(Ord . No . 2114 , §§I , II , 8-4-03)
Sec. 29.10.1015. No limitation of authority.
Nothing in this division limits or modifies the existing authority of the Town under Division 29 of T itle 29
(Zoning Regulations). T itle 26 (Public Trees) or the Hillside Development Standards and Guidelines to requ ire
trees and other plants to be identified , reta ined , protected , and/or planted as conditions of the approval of
development. In the event of conflict between prov isions of th is division and conditions of any permit or other
approval granted pursuant to Chapter 29 or Chapter 26 of the Town Code or the Hillside Development Standards
and Guidelines. The more protective requirements shall prevail.
(Ord . No . 2114 , §§ I, II , 8-4-0 3)
Sec. 29 .10.1020. Responsibility for enforcement.
All officers and employees of the Town shall report violat ions of th is division to the Director of Commun ity
Development. Whenever an Enforcement Officer as defined in Section 1.30 .015 of the Town Code determines
that a violation of th is code has occurred , the Enforcement Officer shall have the authority to issue an
administrative citation pursuant to the provisions of Section 1.30.020 of t he Town Code
Whenever an Enforcement Officer charged with the enforcement of this Code determines that a
violation of that provision has occurred , the Enforcement Officer shall have the authority to i ssue an
administrati ve citation to any person responsible for the violation.
(Ord . No . 2114 , §§ I, 11 , 8-4-03)
Page 2 of4
Sec. 29.10.1025. Enforcement-Remedies for violation.
In addition to all other remedies set forth in this code or otherwise provided by law, the following remedies
shall be available to the Town for violation of this division:
(1) Tree removals in absence of or in anticipation of development. If a violation occurs in the absence
of or prior to proposed development, then discretionary applications and/or building permit applications
will not be accepted or processed by the Town until the violation has been remedied to the reasonable
satisfaction of the Director. Mitigation measures as determined by the Director may be imposed as a
condition of any subsequent application approval or permit for development on the subject property. A
mitigation plan shall include specific measures for the protection of any remaining trees on the property,
and shall provide for the replacement of each hillside tree that was removed illegally with a new tree(s)
in the same location(s) as those illegally removed tree(s). The replacement ratio shall be at a greater
ratio than that requ ired in accordance with the standards set forth in Sec. 29.10.0985 of this division. If
the court or the Director directs a replacement tree or trees to be planted as part of the remedy for the
violation , the trees shall be permanently maintained in a good and healthy condition. The property
owner shall execute a five-year written maintenance agreement with the Town . For those trees on public
property, replacement is to be determined by the Director of Community Development or by the Director
of Parks and Public Works.
(2) Pending development applications. Incomplete applications will not be processed further until
the violation has been remedied . If an application has been deemed complete, it may be denied by
the Director or forwarded to the Planning Commission with a recommendation for denial at the Director's
discretion. Mitigation measures as determined by the director may be imposed as a condition of
approval. A mitigation plan shall include specific measures for the protection of any remaining trees on
the property, and shall provide for the replacement of each hillside tree that was removed illegally w ith a
new tree(s) in the same location(s) as those illegally removed tree(s). The replacement ratio shall be at
a greater ratio than that required in accordance with the standards set forth in Sec. 29.10.0985 of this
division . If the court or the Director directs a replacement tree or trees to be planted as part of the
remedy for the violation , the trees shall be permanently maintained in a good and healthy condition. The
property owner shall execute a five-year written maintenance agreement with the Town. For those trees
on public property, replacement is to be determined by the Director of Community Development or by
the Director of Parks and Public Works.
(3) Projects under construction .
a . If a violation occurs during construction, the Town may issue a stop work order suspending and
prohibiting further activity on the property pursuant to the grading . demolition, and/or building permit(s)
(including construction , inspection , and issuance of certificates of occupancy) until a mitigation plan has
been filed with and approved by the Director, agreed to in writing by the property owner(s) or the
applicant(s) or both, and either implemented or guaranteed by the posting of adequate security in the
discretion of the Director. A mitigation plan shall include specific measures for the protection of any
remaining trees on the property, and shall provide for the replacement of each hillside tree that was
removed illegally w ith a new tree(s) in the same location(s) as those illegally removed tree(s). The
replacement ratio shall be at a greater ratio than that required in accordance with the standards set
forth in Sec. 29.10 .0985 of this division . If the court or the Director directs a replacement tree or trees to
be planted as part of the remedy for the violation, the trees shall be permanently maintained in a good
and healthy condition. The property owner shall execute a five-year written maintenance agreement
with the Town. For those trees on public property, replacement is to be determined by the Director of
Community Development or by the Director of Parks and Public Works.
b . The violation of any provisions in this division during the conduct by any person of a tree removal,
landscaping, construction or other business in the Town shall constitute grounds for revocation of any
business license issued to such person.
(4) Civil penalties.
Notwithstanding section 29.20 .950 relating to criminal penalty, any oerson found to have violated
section 29.10.0965 shall be liable to pay the Town a civil penalty as prescribed in subsections a . through d.
Page 3 of4
a. As part of a civil action brought by the Town , a court may assess against any person who
commits , allows, or maintains a violation of any provision of th is division a c ivil penalty in an amount not
to exce ed five thousand dollars per violation .
b. Where the violation has resulted in removal of a protected tree , the civil penalty shall be in an
amount not to exceed five thousand dollars per tree unlawfully removed. or the replacement value of
each such tree. wh ichever amount is higher. Such amount shall be payable to the Town and deposited
into the Tree Replacement Fund . Replacement value for the purposes of this section shall be
determined utilizing the most recent edit ion of the Guide for Plant Appraisal, as prepared by the Council
of Tree and Landscape Appraisers and the Species and Group Classification Gu ide published by the
vyestern Chapter of the International Society of Arboriculture .
c. If the court or the Director directs a replacement tree or trees to be planted as part of the remedy
for the violation . the trees shall be permanently mainta ined in a good and healthy condition. The
property owner shall execute a five year written ma intenance agreement with the Town .
d. The cost of enforcing this division , which shall include all costs, staff t ime , and attorneys ' fees .
(5) Injunctive relief. A civil action may be commenced to abate , enjo in , or otherwise compel the cessation
of such violation.
(6) Costs. In any civil action brought pursuant to this divis ion in which the Town prevails, the court shall
award to the Town all costs of invest igation and preparat ion for trial , the costs of trial , reasonable
expenses including overhead and administrative costs incurred in prosecuting the action, and
reasonable attorney fees .
(Ord . No. 2114, §§ I , II , 8-4-03)
Sec. 29 .10.1030. Fees.
The fee , as adopted by Town Resolution , prescribed therefore in the mun icipal fee schedule shall
accompany the removal or pruning permit application subm itted to the Town for review and evaluation pursuant to
this division .
(Ord . No. 2114 , §§ I , 11 , 8-4-03)
Sec. 29.10.1035. Severability.
If any provision of this divis ion or the application thereof to any person or circumstance is held to be inva lid
by a court of competent jurisdiction. such invalidity shall not affect any other provision of this divis ion which can be
given effect without the inva lid provision or appl ication , and to this end the provisions of this division are declared
to be severable.
(Ord . No. 211 4 , §§I, II , 8-4-03)
Sec. 29.10.1040. Notices.
All notices required under this divis ion shall conform to noticing provisions of the applicable Town Code .
Sec. 29 .10.1045. Appeals.
Any interested person may appeal a decision of the director pursuant to this division in accordance with the
procedures set forth in section 29.20 .260 of the Town Code . All appeals shall comply w ith the public noticing
provisions of sect ion 29.20 .450 of the Town Code .
(Ord . No. 2114 , §§I, II , 8-4-03)
Page 4 of 4
., (
IC atM Caiitonda 0 Health
may have to experiment a little to get go<;>d water
penetration. To check the depth of penetration. dig a
small hole in the irrigated area several hours after
watering. If the soil is moist at the desired level, the
watering time is adequate. Insufficient watering is
marked by dry soil, while excessiv.e watering is indicated
by standing water. Addi.tional watering can be applied
1-2 times during especially dry summers. Another
exception for the occasional watering of oaks is where
extensive use of pavement causes natural precipitation .to
run off rather than penetrate the soil around the trees,
causing drought stress .. One further reason to irrigate
native oaks. is to reduce water stress following moderate
to severe root lo~s.
Plant drought iolerant landscape plants in the fall and
winter to ensure their survival. If rain is lacking, water
these plants twice a week for several weeks. Use a drip
system or slow runni ng hose to wet the toot ball and 4 ~6
inches of surrounding soil. Thereafter, water twice a
month until the rain starts. The following season. waler
2-3 times during the summer. Wetting the S9il to a depth
and radius of 12 incles around the plant. By the third
season, most of the plants should be weU established,
requiring no further watering. If turf is to be maintained
under an oak, apply the least amount of water which will
keep it reasonably green .
Mulching. Keep the soil surface beneath oaks mulched
with 2-4 inches of natural leaf litter, wood chips. or
gravel. Be careful not to place the mulch directly against
the trunk. Organic mulch will improve soil structure and
provide minerals upon decay. A void the use of
impervious plastic tarping which reduces the availability
of air and water to the roo~.
Fertilizing. Healthy, mature oaks growing under natural
conditions do not normally requite added fertilizer.
However. oaks in landscaped areas where the leaf litter is
regularly removed. will benefit from nitrogen
fertilization. Young oaks can be fertilized to encourage
rapid growth. The ideal time to fenilize is in the sprillg.
Fertilizer is best applied by broadcasting over the tree's
root zone. If rain is lacking, lightly water the minerals
into the soil, avoiding the area within 10• of the trunk.
Use fertilizers high in nitrogen (N) such as calcium
nitrate, ammonia sulf.ate, ammonia nitrate or urea.
Complete fertilizers containing nitrogen (N),
phosphorous (P) and potassium (K) are more expensive
and generally unwarranted.
Pruning. NEVER TOP OAKS. DO NOT LEA VE
STUBS. DO NOT MAKE FLUSH CUTS. PROTECT
THE BRANCH COLLAR. Try to tetain natural shape.
Avoid excessive pruning, remove no more than I 0-20%
of the foliage in any one year. Except for the remo\tal of
weak. hazardous. diseased, damaged or dead branches,
mature oaks normally require tittle pruning. Some trees
can benefit from light thinning to open the foliage
canopy to more sunlight or to lighten heavy branches.
Avoid pruning in the spring and early fall. Pruning large
trees is dangerous and difficul~ it is best le.ft to
professionals. Consult an arborist. preferably someone
certified by the Western Chapter of the: International
Socieiy of Arboriculture.
Correcting Soil Problems
Fills • The flared bases (root crowns) and trllDks of trees
buried during construction should be exposed by careful
excavation down to the original soil grAldt and out to
sever.al feet. Moist soil in contact with the bark of the
trunk usually leads to decay. Slope the soil away from
the tree so that water does not collect n.ear the trunk and
try to provide some drainag~. A retaining wall may be
needed to keep soil away from the root crown and trunk.
You can tell that th.e soil level around your oak has been
raised if the trunk does not flare out as it enters the soil .
CDmpaction -Soil compaction displaces much of the
natural air space in the soil, reducing the amount of air
(oxygen) available to the roots. Oxygen is critical for the
uptake of the water and minerals necessary for tree
growth and survival. Oaks growing in compacted .soil
may benefit from increasi~B the availability of oxygen to
the roots. The best way to do this is to eliminate or.
curtail activities around the tree which cause compaction ,
followed by the addition of several inches of organic
mulch to the ,drip zone. This will gradually improve soil
structure and. aeration. while helping to prevent funher
compaction. Avoid placing mulch direcily against the
trunk.
Several methods may be used to temporarily improve soil
aeration. One method involves drilling holes 1·3 inches
wide, 12 inches deep, and 1-3 feet apart around the tree
out to the drip line. Holes may be filled with coarse sand
or pea gravel or left open. It may be necessary to repeat
every two to three years. Another method involves the
injection of air under pressure into holes to fracture and
lift the hardened soil. allowing air penetration. Holes can
also be made by injecting water under high pr.essure via a
hollow tube into the soiJ. ~e water jet loosens and
expels soil particles as it is inserted into the ground.
Pavement. Where practical, remove as11halt and
concrete pavement within. the drip line and replace with
permeable materials like organic mulch. gravel, brick. or
stone set in sand.
Inspecting Your Tree for Health and
Hazard Potential
Signs of Advanced Decline or Decay
'i Thin, sparse foliage
'I Poor growth
'I Yellow, undersized leaves
'I Dead branches and .limbs in the upper canopy
'i WDted, brown leaves during.spring and summer
'i Many short shoots growing on trunk and branches
'i Mushrooms at tree base or on the roots in the (all or early
winter
'i Conks -shelf-like mushrooms on trunk
'i Cavit ies in trunk
DRC Minutes
May 3, 201 6
Page 2
6 . Jo el Paulson moved to continue the public hearing of 16362 Hilow Road to May 17, 2016.
7. Ry an Do seconded, motion passed unanimously.
OTHER BUSINESS
NONE
ADJOURNMENT
Meeting adjourned at 10:3 5 a.m. The next regularl y scheduled meeting of the Development Review
Committee is the following Tuesday.
~,_d.,..~~..._,{_,,--
icllil\1 Machado, Buiidil1g0fficial
N :\DEY\DR C\Min 20 16\5-3-16 Mins.doc
(
TOWN OF LOS GATOS
110 East Main Street, Los Gatos, CA 95030 (408) 354-6874
SUMMARY MINUTES OF A REGULAR MEETING OF THE DEVELOPMENT REVIEW
COMMITTEE OF THE TOWN OF LOS GATOS FOR MAY 17, 2016 HELD IN THE TOWN COUNCIL
CHAMBERS, CIVIC CENTER, 110 EAST MAIN STREET, LOS GATOS , CALlFORNIA.
The meeting was called to order at I 0:00 a.m . by Chair Paulson.
ATTENDANCE
Members Present:
Jocelyn Puga, Assistant Planner
Tracy Staiger, Fire Department
Joel Paulson, Community De velopm ent Director
Ryan Do, Assistant Engineer
PUBLIC HEARINGS
ITEM 1: 16362 Hilow Road (Continuedfi'om May 3, 2016)
Architecture and Site Application S-16-0 t 1
Requesting approval to construct a new single-family residence on property zoned
R-1 :8. APN 532-04-082 .
PROPERTY OWNER/APPLICANT: Valy Jalalian
PROJECT PLANNER: Joel Paulson
I. Chair Paulson opened the public hearing .
2. Staff gave report on proposed project.
3 . Applicant was introduced .
4. Members of the public were present:
Bill Wagner expressed concerns regarding the proposed height and size of the building.
Debora Wagn e r expressed concerns regarding the size of the borne and cellar and asked that
the size be reduced .
Shannon Susick commented that the home should be a single-story and expressed concerns
regarding the loss of views , mass and scale, neighborhood compatibility, and impacts t o the
existing redwood trees. Additionally, she noted that the two-story home next door is screened
by existing landscaping.
Jeann e Driedger expressed concerns regarding water issues and the mass and scale of the
proposed home .
Peny Hariri expressed a concern about the cellar size.
5 . Public hearing closed.
6. Joel Paulson moved to continue the matter to June 7, 2016.
7 . Ryan Do seco nded, motion passed unanimously.
EXHIBIT 9
This Page
Intentionally
Left Blank
TOWN OF LOS GATOS
110 East Main Street, Los Gatos, CA 95030 (408) 354-6874
SUMMARY MINUTES OF A REGULAR MEETING OF THE DEVELOPMENT REVIEW
COMMITTEE OF THE TOWN OF LOS GATOS FOR JUNE 7, 2016 HELD IN THE TOWN COUNCIL
CHAMBERS, CIVIC CENTER, 110 EAST MAIN STREET, LOS GATOS , CALIFORNIA.
The meeting was called to order at 10:02 a.m . by Chair Machado .
ATTENDANCE
Members Present:
Joel Paulson, Community Development Director
Julie Linney, Fire Department
Michael Machado, Building Official
Mike Weisz, Associate Civil Engineer
Ryan Do, Assistant Engineer
Sally Zarnowitz, Planning Manager
Tracy Staiger, Fire Department
PUBLIC HEARINGS
ITEM 1: 16362 Hilow Road (ContinuedfromMay 17, 2016)
Architecture and Site Application S-16-011
Requesting approval to construct a new single-family residence on property zoned
R-1 :8. APN 532-04-082.
PROPERTY OWNER/APPLICANT: Valy Jalalian
PROJECT PLANNER: Joel Paulson
1. Chair Machado opened the public hearing.
2. Staff gave report on proposed project.
3. App licant was introduced and explained that the following revisions were made:
• The overall maximum height was lowered by two feet to 26 feet.
• The cellar area was reduced by 1300 square feet.
• The Grading Plan was reviewed by the Civil Engineer to ensure positive drainage.
4 . Members of the public were present.
5.
6.
Bill and Debra Wagner expressed that there were positive improvements in the project. They
prefer if there were no trees along the north property line and hope that construction will be
carefully monitored.
Public hearing closed.
Tracy Staiger moved to approve the application subject to the conditions presented with the
following findings and considerations:
EXHIBIT 1 0
DRC Minutes
June 7, 2016
Page 2
Required finding for CEQA:
FINDINGS
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 Compliance with the Residential Design Guidelines:
The project complies 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.
7 . Ryan Do seconded, motion passed unanimously.
8 . Appeal rights were cited.
OTHER BUSINESS
NONE
ADJOURNMENT
Meeting adjourned at 10: 17 a.m. The next regularly scheduled meeting of the Development Review
Committee is the following Tuesday.
~-~.4Xn\Jri~~ MiCh~el Machado , Building Official
N :\DEV\DRC\Min2016\6-7-16 Mins.doc
We request that the DRC include the following requirements in any approval of this application :
• Increase the front yard setback by at least 10 feet, moving the house further away from
the street to reduce the visual impact from our front yard and to northbound drivers on
Hilow Road. This change may also help protect the mature redwood trees over 60 years
old that must remain.
• Reduce floor to ceiling heights on all levels to no more than 9 feet.
• Require that the developer construct an 8-foot high privacy fence along our common
property line at his cost. The fence should be installed prior to any other construction to
help mitigate construction-related impacts and provide security. Grant a variance that the
8-foot fence height be allowed to within 15 feet from the street right-of-way line similar to
the existing fence.
• Require the exterior lights and second-story windows be designed to not shine into our
master bedroom located at the northerly rear comer of our house.
We are also concerned about the size and depth of the proposed basement. The basement
finish floor is approximately 12 feet below existing grade and excavation for foundations and
proposed sub-drains are shown on the plans extending as much is 15 feet below grade. These
excavations will probably be within 6 feet from our property line and approximately 15 feet from
our conventional stem-wall foundation.
In the Hilow Road area, groundwater levels have historically been very shallow and confined
above an impervious layer. Other residences on Hilow Road that have attempted to construct
basements have experienced problems. The attached letter from a long time resident of Hilow
Road summarizes some of those issues. During construction of one of the houses described in
this letter, groundwater was continuously pumped into the street for months. In the last few
years we have also experienced increased cracking around doors and windows of our house,
which is most likely related to ground movement due to clay soils and lowered groundwater
levels due to the drought.
We request that the following conditions be included in any DRC approval:
• Prior to issuance of a building permit, require excavation and shoring to be designed by
registered civil engineer experienced with shoring systems. Require weekly monitoring
of shoring systems within 20 feet of adjacent properties to detect any differential
movement such that damage to adjacent properties can be checked early.
• Prior to issuance of a building permit, require additional analysis of the short-term and
long-term effects of the deep sub-drains and pumping of surface runoff and groundwater
to the proposed pit in the backyard. Consider effects upon adjacent foundations, trees
and vegetation. Require that the basement be fully waterproofed, and that deep sub-
drains around the exterior of the basement and long-term groundwater pumping are not
included in the project.
• Prior to issuance of a building permit, require submittal of a truck haul route plan
showing how removal of as much as 1500 cubic yards of excavated material will be
handled with minimum impact to the neighborhood and to local traffic.
"
Bill and Debbie Wagner
16374 Hilow Road
Los Gatos, CA 95032
RE : 16425 Hilow Road, Los Gatos
Dear Bill and Debbie,
Donna S. Brewster
P.O. Box 1475
Pinecrest, CA 95364
I understand the new house to be constructed next door to yours may be built with a
basement
Since our house down the street from you has two houses, both with basements,
side by side to the south of it, I wanted to let you know of a couple of issues we have
noticed since those two houses were built approximately ten years ago .
We have lived on the street since 1990, so we understand the water table under our
house is very high, even in the summer. When we built the house, we worked with a
soil engineer to ensure our foundation was appropriate for the soil type and amount
of underground water.
After the two houses to our south were built with basements, we began to notice the
soil in our own backyard was much drier than it had been over the years we had
lived in tbe house. This has required us to do significantly more watering, especially
deep watering of our trees, to make sure they didn't die from lack of water. During
the drought years, this has been especially pronounced. Apparently, the pumps and
drains installed to keep the basements dry have drained the water away from our
property, leaving it much drier.
There also seems to be some sort of dehumidifier installed in at least one of the
houses that runs periodically. It is quite loud and sounds like an airplane motor.
There doesn't seem to be a schedule for this dehumidifier/ fan to run, but I have
heard it clearly in my backyard off and on for the past ten years.
Please let me know if you need any additional detail.
Best regards,
Donna Brewster
And last but not least:
• Require and enforce strict compliance with the Town 's construction work hou r
requirements . During demolition in the last month, there have already been three
mornings when noisy construction operations began as earty as 7 AM.
Please contact us if you ha ve any questions.
Sincerely
Bill and Debbie Wagner
16374 Hilow Road ,
Los Gatos 95032
Joel Paulson
From:
Sent:
To:
Subject:
Dear Mr. Pau1son,
J DRIEDGER <jddriedger@gmail.com>
Thursday, May 12, 2016 3:27 PM
Joel Paulson; ssusick@comcast.net
16362 Hilow Road, Los Gatos, CA
Our concern is the proposed house on 16362 Hilow Road, Los Gatos, Ca. This property shares approximately
twenty-two feet with our back property line. We have owned this property at 163 59 Shady View Lane for over
forty years and are aware of the water issues on our adjoining properties. The UPP Geotechnology report, dated
22 April, 2016 states the tests were done in December, 2015, prior to the effects of El Nino, or a normal rain
year. The report states they drilled 14 .5 feet before finding water. On May 5th Mr. Valy JalaJian visited my
property and we discussed his proposed construction. My neighbors Jim and Missy Fox attended the meeting
and the subsequent walk over to and around the property on Hilow with Mr. Jalalian.
At the time of our visit to 16362 Hi low Road, there was standing water in the overflow tank on the North East
side of the property. This tank is a mystery as to its original purpose, but does show some of the water
concerns. The two tanks in the back portion of the property suggest previous water issues with 16362 Hilow
Road. Neighborhood homes with basements have had issues with excess water needing to be drained from
them.
In the four plus decades we have Jived behind this property there has been excess water at the back of the
properties . At one time the original owners had a pond in the yard which attracted frogs, which were quite
vocal , as well as mosquitoes. Our property has had movement due to drought and then rain in the back
area. We have also dug down a couple of feet and found water during the winter of 2014, a drought year.
All of that information is to inform you of a history of water in the underground area which could easily
represent problems for the proposed 3000 square foot basement, as well as drainage from the surrounding
properties .
Other concerns expressed to Mr Jalalian are the possible harvesting of the Redwood tree he plans to have
removed. Harvest the wood rather than have it chopped into bark bits. The original houses in this area were
built with Redwood 2 x 4s, it would be great to give back and not waste this fine tree.
The size of the house does not fit the neighborhood in a land to house ratio which brings up the concern of sale-
ability. Look into the Los Gatos Times on a weekly basis and see that most of the houses in the price range and
size have far more property with them. Why would anyone want to pay the same price for less privacy, less
property, less cohesiveness with neighbors?
There is no escape route for anyone in the basement in case of an Earthquake or fire . The only exit/entrance is
through the central stairway. This is a danger which the plans have not addressed .
We would like to see the plans remove the si z e of the basement to less than half of the current plans, and that
size be placed in the front part of the house where the drainage would be managed to the street and not take, nor
deposit, from the back of the lot.
1
Thank you for considering this when looking at the proposal.
Jeanne Driedger
Peter Dudley
16359 Shady View Lane
Los Gatos, CA 95032
2
-r
Joel Paulson
From: Shannon Susick <ssusick@comca st.net >
Friday, May 13, 2016 1:49 PM Sent:
To: Joel Paulson
Subject: 16362 Hilow Road
Attachments: hilowl j pg; hilow2 .jpg; hilow3jpg; hilow4jpg
Good Morning,
Please deny the proposed application S-16-011 that is for new residential construction for the address captioned above
or continue the application to be reviewed in a full hearing by the Planning Commission .
1 . The proposed application does not conform to the immediate neighborhood and will impact views, privacy,
infrastructure of the town and schools due to the mass & scale of the above and below grade construction
(please see attached photos .)
a. The homes in the surrounding block are all single level homes, except the neighbor to the left at 16350
Hilow, which due to reduced height and architecture, established trees & landscaping has minimal
visib ility from the street or neighboring homes. (hilow3)
b. The number of proposed bedrooms and overall Gross Living Area is out of proportion with the
surrounding neighborhood .
c. The height, despite conforming to the 30 ft. ma ximum will destroy any views for homes to the east on
Hi Low and to the west for homes on Shady View Lane .
d . The requested tree removal will void this site of any established trees and buffer and destroy the habitat
for resident screech and Great Horned Owls and other wildlife
2. The cellar is massive and effectively doubles the size of the living space, whether included in the Floor Area Ratio
or not; allowing for multiple families to reside in an area zoned Single Family Residential.
a. The General Plan (Resolution 2002-167) states "the use of basements and cellars to provide hidden
square footage in-lieu of above ground visible mass Policy LP 2.1)"; in-lieu of NOT in addition to-see la
above.
b . The construction of the proposed cellar with engineering that will purportedly resolve well known water
table issues in this neighborhood will adversely impact the surrounding neighbors with potential
damage and destruction to establ is hed tree roots and landscaping in addition to the time and noise
obsolescence during the construction period.
While ma x imum restrictions and guidelines may have been adhered to with this application, they are ma ximums. The
impact is excessive and needs to be addressed by reducing the height of the dwelling, increasing the setbacks, removing
the cellar or the 2nd above grade story, reducing the combined above and below grade living space , bedrooms, review of
tree removal and new studies on the geology and water t ables.
The size and scope of this project application necessitates a full hearing before the Planning Commission .
Thank you for your time,
Shannon Sustck
{qos} 316-9559
This Page
Intentionally
Left Blank
Joel Paulson
From:
Sent:
To:
Subject:
Dear Joel (Planning Director),
' I ('
Whitney Halladay <whitney.halladay@gmail.com >
Sunday, May 15, 2016 6:47 PM
Joel Paulson; Jason Halladay
Hilow House construction -16362 Hilow Road, Los Gatos
We are writing you in regard to the proposed house construction at J 6362 Hilow Road . My husband and I live
3 houses from this project and are in favor of this project moving forward. We believe this will be a wonderful
addition to our street and like the design of this house. Please keep thi s email on record of our support for this
proj ect.
Kind regards , Whitney and Ja son Halladay (residents of 16400 Hilo w Road , LG)
( (
Development Review Committee 17 May 2016
Council Chambers RE : APN 532-04-082
110 E Main Street Los Gatos 16362 HILOW RD
Joel Paulson, Planning Director
Thank you for your time in reviewing and communicating with interested parties with
Regard to the development of this property. We continue to express concern with the
Excess ive si ze of this project. The 3000sq foot basement constitutes another dwelling .
It basically allows for two homes to be built on a single property, which basically ignores
the dwelling to land size ratios. This is not an issue to be taken lightly as it will change the
neighborhood going forward. Once the extensive basement is approved there is no recourse .
Please review other properties on this street that had basements approved .
The highly problematic property at 16439 Hi low, which was built improperly causing water to run down
the gutters for 11/2 year before the town addressed the issue, only has a 1000sq foot basement. This
property has already fallen in value 6% since it sold in 2008.
People are becoming more energy conscious, not wanting to maintain & provide energy for such a large
SINGLE home. To allow such a large structure this opens the door to having basically a duplex on a single
property for multiple family dwellings.
A developer can still make enough money for a SINGLE family home without the added expense of
building a basement.
We ask you to consider the effects of such an excessive structure. Many people walking by have
commented on how large and close to the street the proposed house is.
When the project goes forward please include the previously discussed issues :
1.8" Privacy fence to be built on our North side at the developers cost with no additional trees to be
planted on that side
2. Air conditi oning unit to be positioned on the North side of the proposed property
3. He ight to be lowered an additional Yi foot from ex isti ng plans
4. If Basement is allowed, shoring and pumping is closely monitored by the Town
Bill and Debora Wagner-16374 Hilow Rd. Los Gatos
Public Records for 16439 Hilow Road
Taxable Value
Land $1,964,800
Add itions $1,021,200
Total $2 ,986,000
Taxes (2014)
$30,764
Basic Info
Beds 5
Baths 4
Floors 2
Yea r Bu ilt 2007
Year Renovated 2007
'. Style Singl.e Family Residential •
Fi nished Sq . Ft. 4,233
Unfinished Sq . Ft. 1,047
Total Sq. Ft. 5,280
Lot Size 10,669
16397 Hilow Rd, Los Gatos, ,.. \ 95032 -5 beds 4 baths home details· ··~altar .com® Page 4of8
Gl 1 /1
19 Share 1
'
""'1 T -,....,_,._ __ ~A ()Cf\') '111 /")f\1 t;
('
Response to Shannon Susick email May 13, 2016 for 16362 Hilow rd.
1. The proposed application does not conform to the immediate ne ighborhood and will impact
views, privacy, infrastructure of the town and schools due to the mass & scale of the above and
below grade construction (please see attached photos.)
a. The homes in the surrounding block are all single level homes, except the neighbor to
the left at 16350 Hilow, which due to reduced height and architecture, established trees
& landscaping has minimal visibility from the street or neighboring homes. (hilow3)
There is no data that supports this assertion, and the information provided is
inaccurate. The APN map included in the plan submitted on Friday shows many two
story homes on Hi/ow, and in the surrounding neighborhood. Some of these homes
are over 4,200 square feet, but reflect an average square footage of greater than
3,000 square feet. The neighbor to the left at 16350 Hi/ow is not the only 2 two story
home in the neighborhood, but it is one of the 9 homes on Hi/ow with a height greater
than the proposed application.
b. The number of proposed bedrooms and overall Gross Living Area is out of proportion
with the surrounding neighborhood .
The number of bedrooms is comparable to most two story homes with over 3000
square feet in the neighborhood. There are 13 two story homes in Shady View lane
ranging from 4,362 square feet to 3000 square feet. There 6 out of 13 are 5 bedrooms
and 4 out of 13 are 4 bedrooms and rest is 3 bedrooms. There are 9 two story homes in
Hi/ow Rd ranging from 5,600 square feet to 3000 square feet. 3 out of 9 are 5
bedrooms and reaming 6 are 4 bed rooms.
c . The height, despite conforming to the 30 ft. maximum will destroy any views for homes
to the east on Hilow and to the west for homes on Shady View Lane .
The height of the proposed property is 26 11 feet which is lower than the height of the
neighbor to the left at 16350 Hi/ow. In fact, over 40% of homes on Shady View Lane
are both two story residential homes and are equal or greater in height. The APN map
included in the plan submitted on Friday identifies the two story homes on Shady View
Lane. Copy of map is included
EXHIBIT 1 3
d. The requested tree removal will void this site of any established trees and buffer and
destroy the habitat for resident screech and Great Horned Owls and other wildlife
The removal of the redwood tree has been given thoughtful consideration. Out of the
6 redwood trees currently on the property, only one redwood tree is intended to be
removed. The removal, therefore, will not deplete the residence of established trees.
The redwood tree that will be removed has been continually cut from the top by PG&E,
and only half of the tree currently remains. Additionally, the redwood tree is directly
above the sewer line where the clean outs are on both sides of the tree; further growth
will eventually damage and block the sewer line if left unaddressed. Furthermore, if
the tree is not removed, it will inevitably be on the path of the new underground PG&E
electrical service. If these issues were not pressing, we would have loved to have kept
the redwood tree. The arborist that was consulted also recommended that the tree be
removed.
2 . The cellar is massive and effectively doubles the size of the living space , whether included in the
Floor Area Ratio o r not; allowi ng for multiple families to res ide in an area zoned Single Family
Residential.
a. The General Plan (Re sol ution 2002-167) states "the use of basements and cellars to
provide hidden square footage in-lieu of above ground visible mass Pol i cy LP 2.1)"; in-
lieu of NOT in addition to-see la above.
No comment.
b . The construction of the proposed cellar with eng ineering that will purportedly resolve
well known water table issues in this neighborhood will adversely impact the
surrounding neighbors with potential damage and destruction to established tree roots
and landscaping in addition to the time and noise obsolescence during the construction
period.
I refer to professional opinion of UPP Geotechnology reported April 22, 2016 in
document ID 15185C-01L1 Serial No. 17578.
r .
Response to Mrs. J Driedg;er's email May 12, 2016 16362 Hilow Rd application
At the time of our visit to 16362 Hilow Road, there was standing water in the overflow tank on
the North East side of the property. Thi s tank is a mystery as to its original purpose, but does
show some of the water concerns. The two tan.ks in the b ack portion of the property suggest
previous water iss ues with 16362 Hilow Road. Neighborhood homes with basements have had
issues with excess water needing to be drained from them.
T hi s is no t a mystery; thi s is a solid bucket a corrugated bl ac k pi pe 18" (w) X 24 " (H) detenti on
basin left fro m previou s stru cture. Th e roof down -spo ut was co nnected via 4" drain p ipe to thi s
so lid bu c ket 20 ' away fro m fo und at ion of the ho use. Wh en th e hou se was dem o li shed th e bu cket
was no t re mo ved and th erefo re co ll ec tin g wa te r fr om las t s to m1. Sin ce thi s was a so lid bucke t 2-
4 ·· of rain wa ter was visib le du1i ng thei r vis it .
In the four plus decades we have lived behind this property there has been excess water at the
back of the properties. At one time the original owners had a pond in the yard which attracted
frogs, which were quite vocal , as well as mosquitoes. Our property has had movement due to
drought and then rain in the back area. We have also dug down a couple of feet and found water
during the winter of 2014, a drought year.
All of that information is to inform you of a history of water in the underground area which
could easily represent problems for the proposed 3000 s quare foot basement, as well as drainage
from the surrounding properties.
I refer to professional opinion of UPP Geotechnology reported April 22, 2016 in document ID
15185C-01L1 Serial No. 17578; attached is a copy of the report.
Other concerns expressed to Mr. Jalalian are the possible harvesting of the Redwood tree he
plans to have remov ed . Harvest the wood rather than have it chopped into bark bits. The
original houses in this area were built with Redwood 2 x 4s, it would be great to give back and
not waste this fine tree.
I am completely in favor of harvesting of the Redwoo d trees . 1 f I d ec ide d to re move th e tree I
would d efi nit e ly look int o harves tin g it.
The size of the house does not fit the neighborhood in a land to house ratio which brings up the
concern of sale-ability. Look into the Los Gatos Times on a weekly basis and see that most of
the houses in the price range and si ze have far more property with them. Why would anyone
want to pay the same price for less privacy, les s property, less cohesiveness with neighbors?
More than 40% homes in the neighborhood are two story homes. The size of the house is compatible
in size and land with two story homes in neighborhood of equal land. The land to house ratio is
defined as floor area ratio set by town of Los Gatos which is different size for each land. We have
followed the same guidelines.
There is no escape route for anyone in the basement in case of an Earthquake or fire. The only
exit/entrance is through the central stairway. This is a danger which the plans have not
addressed.
It has been addressed in the plan. The plan shows the stair case in the cellar.
We would like to see the plans remove the size of the basement to less than half of the current
plans and that size be placed in the front part of the house where the drainage would be managed
to the street and not take, nor deposit, from the back of the lot.
Neither the size of cellar nor the location within the site has any bearing on drainage. No Underground
water will be pumped out. See UPP Geotechnology report. Town of Los Gatos code does not allow
drainage to the street. We have drainage plan that has been approved by public work engineering
department.
(
Joel Paulson May 27 , 2016
Town of Los Gatos Planning Department
110 E. Main St.
Los Gatos, Californ ia 95031
Joel,
Enclosed is our submittal of the 16362 Hi low Rd Architecture and Site application S-16 -011. Included in
this submittal is:
• 1 full-sized sets of the Architecture and Site, grading and drainage plan
• Notes from the meeting with neighbors
In addition to the above, below are changes made to the plan :
•Reduced the height to 26' and pitch to 4 :12
•Removed half of the cellar with new square footage of 1800 square feet.
• Removed tree numbers 6.
Please let us know if you have any questions.
Sincerely,
Valy Jalalian
EXHIBIT 1 4
(,
In attendance:
Notes from meeting regrad ing 16362 Hilow Road
Coldwell Banker Office
Monday May 23, 2016 6:30 pm
Valy Jalalian, Developer, Project Manager
Daryl Fazekas, Architect
Mike Brown, Realtor
William and Debbie Wagner, neighbor
Jim Fox (representing Jeanne Driedger), neighbor
1 . Bill and Debbie Wagner expressed their concerns about the size and scope
of the project. Including the large cellar size which might attract a multiple
family dwelling situation .
2. Jim reiterated Jeanne's concerns regarding the water table and possible drainage
issues into her property from the back.
3. Valy presented to the group the new edits made to the plans including a 1300
sq. ft. reduction in the cellar. The removed cellar area is on the Southwest side of the
home. Also the height of the project has been reduced to 26.5 ft. at the highest point.
4 . Mike addressed Debbie's concerns about the neighborhood and possible
multi-family dwellings explaining the unlikely scenario of this ever happening
in this location .
5 . Daryl and Valy addressed the water concerns showing how the water will flow in
the back yard drywell and any over flow will be handled with a back flow preventer
which will take any access water to the front.
6. All parties seemed satisfied with the proposed changes and noted the project is
ready to move forward.
Notes: Shannon Susick and Jeanne Dridger both sent email communication that
they were not able to attend the meeting . Following the meeting Valy also spoke to
other neighbor Mr. & Mrs. Hariri about reduction in cellar. They were pleased with
our decision since this was their only concern . They said they will be in our next
meeting & will support us .
ADDRESS STORIES TOWN / COUNTY BASEMENT GLA BED/BATH SITE YEAR BUILT/REMODEL
16300 H ILOW 1 COUNTY NO 1680 SF 3 B/2 BA 9490 SF 1952
16386 SHANNON 1 TOWN NO 1 72 3 SF 4 B/2 .1 BA 7519 SF 1953
16338 HILOW 1 COUNTY NO 2081 SF 4 B/2 .0 BA 9891 SF 1955/1990
16350 HILOW 2 COUNTY UNKNOWN 2985 SF 4 B/3 .1 BA 11779 SF 2005
16362 HILOW*** 1 COUNTY NO 1056 SF 3 B/1 BA 12300 SF 1952
16374 HILOW 1 COUNTY NO 3584 SF 5 B/3 BA 11775 SF 1956
16386 HILOW*** 1 COUNTY NO 1056 SF 3 B/1 BA 11850 SF 1954
16400 HILOW *** 1 COUNTY NO 2200 SF 3 B/2 BA 11850 SF 1959
16414 HILOW 1 COUNTY NO 2579 SF 3 B/3 .1 BA 12300 SF 1953
16428 HILOW 2 COUNTY NO 3099 SF 4 B/3 BA 12750 SF 1988
16 425 HILOW 2 COUNTY NO 3068 SF 4 B/3 .1 BA 10875 SF 1992
16411 HILOW 1 COUNTY NO 2534 SF 3 B/2 .1 BA 11400 SF 1950/1990 )
16397 HILOW 1 COUNTY NO 3330 SF 5 B/3 .1 BA 11700 SF 2012
16383 HILOW 1 COUNTY NO 2339 SF 4B/2BA 12300 SF 1951
16369 HILOW 1 COUNTY NO 1056 SF 3 B/1 BA 10626 SF 1951
16357 HILOW 1 COUNTY NO 2106 SF 4 B/1.1 BA 9906 SF 1954
16341 HILOW 1 COUNTY NO 1380 SF 3 B/1.1 BA 9438 SF 1954
16341 SHADY VIEW 2 COUNTY NO 2232 SF 3 B/2 .1 BA 8723 SF 1953
16419 SHADY VIEW 1 COUNTY NO 1480 SF 3 B/1.1 BA 8 760 SF 1953
16407 SHADY VIEW 1 COUNTY NO 1462 SF 3 B/2 BA 8640 SF 1952
16395 SHADY VIEW 2 COUNTY NO 4206 SF 4 B/4.1 BA 8400 SF 2005
16383 SHAD Y VIEW 1 COUNTY NO 2141 SF 3 B/3 BA 8220 SF 1953/2005
16371 SHADY VIEW 1 COUNTY NO 1300 SF 3 B/1 BA 8379 SF 1953
16359 SHAD Y VIEW 1 COUNTY NO 1285 SF 3 B/1.1 BA 8901 SF 1953
16347 SHADY VIEW 2 COUNTY NO 2577 SF 3 B/3 BA 8820 SF 1969/1995
16337 SHADY VIEW 1 COUNTY NO 2836 SF 4 B/3 .1 BA 8563 SF 2006
16370 SHANNON RD 2 COUNTY NO 3957 SF 5 B/4.1 BA 8120 SF 1952/2008
16442 HILOW 2 TOWN? NO *** UNKNOWN 11357 SF 2015
16456 HILOW 2 COUNTY NO 3487 SF 5 B/4.0 BA 11524 SF 1956/1980
16466 HILOW 1 COUNTY NO 1455 SF 2 B/1.1 BA 11524 SF 1956
16478 HILOW 1 COUNTY NO 1368 SF 4 B/2 .0 BA 11524 SF 1956
16496 HILOW 2 COUNTY NO 2747 SF 4 B/3.0 BA 11109 SF 1991
16530 HILOW 2 COUNTY NO 4081 SF 4 B/3.1 BA 13549 SF 2010
16505 HILOW 2 COUNTY NO *** 2 B/1.0 BA 20592 SF 1950
16491 HILOW 1 COUNTY NO 1152 SF 2 B/1.0 BA 13224 SF 1951
16477 HILOW 1 COUNTY NO 960SF 2 B/1.0 BA 10725 SF 1951
16465 HILOW 2 COUNTY PTL 3316 SF 4 B/3.1 BA 10661 SF 2004
. '
(,.-(
Wednesday, June 15, 2016
Town of Los Gatos
Community Development Department
110 E Main Street
Los Gatos, CA 95030
Re : Project/ Appl ication S-16-011
16362 Hilow Road
Appeal of the Deci sio n of the Development Review Committee
Please find the following reasons why the app roval decision made by the DRC on 6/7 /2016 is being
appealed with a request for a full hearing by the Plann in g Commiss ion .
l. The architecture and si te pl ans by the developer for this parcel do not conform to the
neighborhood and are a misuse of the cellar/basement policy by the Town of Los Gatos
a. Please see the attached document gathered from public records (1 st American Real
Estate/Rea lque st) regarding the subject street from Shannon Road to Topping with the
following data :
i. 37 homes are included (including a portion of Shady View Lane that backs to the
impactful project)
l. Of these 37 homes 13 homes are 2 stories; the remainder are 1 story;
approximately 70% are single story.
2. In the direct area surrounding 1632 Hilow Road (from 16300-16341), 17
homes, there are only 3 2 story homes; approximately 16%.
3. Public records are not entirely correct or updated for several of the
parcels, but it is believed that 3 of the 37 have partial basements.
ii . The cellar policy for the Town of Lo s Gatos per the General Plan states that
cellars are to be encouraged "in lieu of visible mass " not in addition to.
1 . While the developer reduced the cellar portion of the plans; it is still
significant in terms of square footage (1800 SF) and the location at the
northern portion of the site with excavation wil l undoubtedly destroy
protected, established Redwood Trees that provide the only remaining
foliage on the site.
2. The 1800 SF of cellar space is greater than many of the dwellings on the
impacted streets (see attached). 14 homes have le ss than 1800 sf of
Gross Living Area (GLA); approximately 38%.
iii. The plans have been reviewed multiple times by the DRC, with minor
adjustments made t o height, but none to the side setbacks and with no major
reduction of bulk and mas s above grade.
iv. The "cellar" area includes bedroom(s), bathrooms, living area and potential
kitchen and other space encourages multiple families and generations with
additional impact on the Town's infrastructure and se rvice s. Schools, due to
lac k of authority by the Town are not included in this appeal.
2. The Town's residential design guidelines are maximums; not minimum requirements.
a. Section 1.4 of the r esi dential design guidelines states the community expectations
which this application does not meet;
i. "Homes will respect the scale and character of their immediate neighborhoods ."
b. General Design Principles (p .11_} state:
i. Design to blend into the neighborhood rather than stand out
ii. Relate a structure's size and bulk to those in the immediate neighborhood
iii. Design structures to be energy and water efficient and which take maximum
advantage of renewable energy resources
1. With over 3400 SF above grade, plus a 900 sf garage and with 1800 SF
below grade this project will be one of the largest in the immediate
neighborhood, standing out, not in relation to the neighborhood and
with impact on water, electricity & other resources.
c. While the above captioned application is within the basic guidelines, the mass and bulk
above grade are not within the overall appeal and character of the Neighborhood.
i. The developer and architect referenced at one of the DRC meetings that there
are numerous homes on this street and Shady View Lane that have floor areas
comparable or larger, however it must be noted that the majority of these
except one (16442 Hi low Rd) were built prior to 2015 and with oversight by the
county not the Town.
1. County requirements are minimal and allow construction to the
setbacks with no design guidelines as demonstrated by homes on both
Hi Low and Shady View Lane.
3. The Town, staff and Planning Commission must look at each project individually, however it is
imperative that each application be also be viewed as part of the entire neighborhood and the
Town; we are a built out town with the exception of a few larger parcels-the stress on our
infrastructure and destruction of views, privacy, open space can NOT be emphasized enough.
a. There are two other parcels on the subject portion of Hi Low and on the same side of the
street that are slated for development including a current application at 16386 Hi Low
road (S-16 -038) and 16400 Hilow (no application yet}.
b. Precedence is often cited by developers and residents; in this application there are
numerous parcels that will be affected by this decision.
c. The cumulative effect of building to the maximums allowed on these 3 parcels
combined will adversely impact the neighbors in terms of privacy, views and solar access
(1.4 of RDG; community expectations .}
4 . The Town and staff are under no obligation to maximize a developer's bottom line or en sure
that any project is profitable for them . The Town and staff must protect the residents and
safeguard the guidelines, General Plan and all policies.
5. A recommendation for this developer would be to reduce the project to conform with the
immediate neighborhood and neighbor's homes by
a. Removing the 2 nd floor and keeping a single story home with cellar to minimize the
impact on neighbor's views and privacy
b. Remove the cellar to minimize the impact on the neighbors during construction and
likely destruction of the established trees
c. Increase the setbacks on all sides and reduce the overall impact, bulk and mass; reduce
the number of bedrooms and bathrooms.
6. A full review and presentation is needed by the Planning Commission to ensure that this
application complies with all policies, guidelines and protects the character of our Town, the
immediate neighborhood and does not create precedence for bulk and mass and loss of views,
privacy and trees .
r
'EXJfI'BI'I' 5\
5 Homes across the street in front of the subject property at: 16362 Hilow Rd Los Gatos, CA 95032
16411 Hilow Rd
FAR: 2,534
Lot Size: 11,325
Build: 1951
16397Hilow Rd 16383 Hilow Rd
3,330
12,196
1992
2,339
10,454
1951
16369 Hilow Rd
1,056
9,944
1954
Homes on each side of the subject property at: 16362 Hj low Rd Los Gatos, CA 95032
16357Hilow Rd
2,106
9,148
1954
16386 Hilow Road 16374Hilow Rd 16362 Hilow Rd 16350 Hilow Rd 16338 Hilow Rd
FAR: 3,479
Lot Size: 11, 761
Build : 1954
3,584
11,761
1956
3,479
11,761
2016
2,985
11,761
2005
2,081
9,583
1955
r
(
(·
16386 Hilow Road proposed front elevation:
16386 Hilow Road proposed rear elevation:
Existing examples of architectural style of the proposed home :
(
This Page
Intentionally
Left Blank