Attachment 1-2Planning Commission Staff Report -Page 2
16362 Hilow Road/S-16-011
November 9, 2016
FINDINGS :
CONS ID ERA TIONS:
ACTION:
EXHIBITS:
BACKGROUND:
• 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 appl ication.
The decision of the Planning Commission is final unless
appealed within ten days.
I.
2.
3.
4.
5.
6.
7 .
8.
9.
Location map
Project Data Sheet (two pages)
Required Findings and Considerations (one page)
Recommended Conditions of Approval (eight pages)
September 20, 2016 Town Council meeting Minutes
Town Council Resolution 2016-49 (three pages)
Public Comments received by 11 :00 a.m., Thursday,
November 3 , 2016
Letter of Justification (two pages), received October 11,
2016
Development Plans (11 sheets), received October 11 , 2016
The existing 11,779-square foot site is currently vacant. The site previously contained a 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
DRC approval was appealed to the Planning Commission on June 15, 2016.
On July 27, 2016, the Planning Commission granted the appeal and denied the application. The
decision of the Planning Commission was appealed to the Town Council by the property owner,
Valy Jalalian, on August 1, 2016.
The application was considered by the Town Council on September 20, 2016. The appeal was
granted and the Town Council remanded the application to the Planning Commission to
formalize the changes offered by the applicant during the meeting (Exhibit 6).
Planning Commission Staff Report -Page 3
16362 Hilow Road/S-16-011
November 9 , 2016
PROJECT DESCRIPTION:
A . Location and Surrounding Neighborhood
The project site is located on the east side of Hilow Road south of Shannon Ro ad (Exhibit
1). 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 requirement s and all required
parking is being provided on-site. The zoning permits a single-family residence.
ANALYSIS:
A. Architecture and Site
The applicant has revised the plans and is proposing a 3,4 79-square foot two-story
residence with a 733-square foot attached garage and a 1,600-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 a project data sheet is
attached as Exhibit 2.
8. Town Council
On September 20, 2016 , the Town Council considered the appeal. Concerns raised by the
Town Council, appellant, and neighbors included : height , building mass, and neighborhood
compatibility. The minutes for the September 20, 2016 meeting are provided in Exhibit 5.
After holding a public hearing and asking questions of the applicant, the Town Council
remanded the project to the Planning Commission to formalize the changes offered by the
applicant. The changes offered were : retaining the existing redwood tree that was previously
proposed to be removed ; obscuring the glass of the second floor windows on the right
elevation; and ensuring that the drainage is correct. Additionally, the Council asked the
applicant to consider reducing the size of the cellar and the size of the garage.
Planning Commission Staff Report -Page 5
16362 Hilow Road/S-16-011
November 9, 2016
JP:SP:cg
cc: Valy Jalalian, 140 C lover Way, Los Gatos, CA 95032
Shannon Susick, 16407 Shady View Lane, Los Gatos CA 95032
N:\DEV\PC REPORTS\2016\Hilow 16362 -remand-11-9-16.docx
J
16362 Hilow Road
EXHIBIT 1
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16362 Hilow Road -PROJECT DATA
- -
EXISTING PROPOSED PROJECT REQUIRED/
CONDITIONS PERMITIED
Zoning district R-1 :8 same -
Land use Vacant New House -
General Plan Designation Low Dens ity residential same -
Lot size (sq. ft.) 11 ,779 sam e 8 ,000 s q. ft . min im um
Ex terior materials:
• siding N /A Stucco , Wo od, and -
Ledgesto ne
• trim N /A Wood -
• windows N /A Wood Clad -
• roofi n g N /A Co mp osi tio n Shin gle -
Building floor area:
• first floor N /A 215 7 -
• second floor N /A 1322 -
1600 -
• cellar
N /A 73 3 -• garage
Setbacks (ft.):
• front N /A 2 5 ' 2 5 feet min imum
• rear N/A 5 3 ' 20 fe et minim um
• side N /A 8 ' 8 feet minimum
• side N/A 8 ' 8 feet min imum
Max imum height (ft.) N /A 2 6 ' 30 feet ma ximum
Building coverage (%) N /A 26 % 40 % maximum
Floor Area Ra tio (%)
.EXHIBIT 2
• house N/A 3479 3483 sq . ft . ma ximum
• garage N/A 733 954 sq . ft. ma ximum
Parking N/A 4 two spa ces minimum
Tree Removals N/A None N /A
PLANNING COMMISSION -Novemb er 9, 20 16
REQUI RED FINDINGS & CONS ID ERA TIONS 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
Co n struction or Conversion of Small Structures.
Required Compliance with the Residential Design Guidelines:
• The project complies with the Residential Design Guidelines for s ingle-family homes not in
hill s ide residential areas.
CONS ID ERA TIO NS
Required considerations in review of Architecture & Site applications:
• As r equired b y 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.
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PLANNING COMMISSION -November 9, 2016
CONDITIONS OF APPROVAL
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
TO THE SATISFACTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT:
Planning Divis ion
1. APPROVAL: This application shall be completed in accordance with all of the conditions
of approval and in substantial compliance with the approved plans. Any changes or
modifications to the approved plans 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: Exterior lighting shall be kept to a minimum, and shall be down
directed fixtures that will not reflect or encroach onto adjacent properties. No flood lights
shall be used unless it can be demonstrated that they are needed for safety or security. The
lighting plan shall be reviewed during building plan check.
4. GENERAL: All existing trees shown on the plan and trees required to remain or to be
planted are specific subjects of approval of this plan, and must remain on the site.
5. TREE REMOVAL PERMIT: A Tree Removal Permit shall be obtained for any trees to be
removed , prior to the issuance of a building or grading permit.
6. ARBORIST REQUIREMENTS: The developer shall implement, at their cost, all
recommendations made by Deborah Ellis, identified in the Arborist's report dated as
received on March 7 , 2016, on file in the Community Development Department. A
Compliance Memorandum shall be prepared by the applicant and submitted with the
building permit application detailing how the recommendations have or will be
addressed. These recommendations must be incorporated in the building permit plans, and
completed prior to issuance of a building permit where applicable.
7. TREE FENCING : Protective tree fencing and other protection measures shall be placed at
the drip line of existing trees prior to issuance of demolition and building permits and shall
remain through all phases of construction. Refer to tree fencing requirements and other
protection measures identified in the Arborist Reports prepared by Deborah Ellis dated as
received 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 4
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 si ze
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. SHORING : 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 surveyor shall be submitted to the project building inspector at foundation inspection.
This certificate shall certify compliance with the recommendations as specified in the Soils
Report and that the building pad elevation and on-site retaining wall locations and elevations
have been prepared according to the approved plans. Horizontal and vertical controls shall
be set and certified by a licensed Surveyor or registered Civil Engineer for the following
items:
a. Building pad elevation
b. Finish floor 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 l 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 Compliance
Forms must be blue-lined, i.e. directly printed, onto a plan sheet.
22. BACKWATER VAL VE: The scope of this project may require the installation of a sanitary
sewer backwater valve per Town Ordinance 6.50.025. Please provide information on the
plans if a backwater valve is required and the location of the installation. The Town of Los
Gatos Ordinance and West Valley Sanitation District (WVSD) requires backwater valves on
drainage piping serving fixtures that have flood level rims less than 12-inches above the
elevation of the next upstream manhole.
23 . TOWN FIREPLACE STANDARDS : New wood burning fireplaces shall be an EPA Phase II
approved appliance as per Town Ordinance 1905. Tree limbs shall be cut within l 0-feet of
chimneys.
24. HAZARDOUS FIRE ZONE: The project requires a Class A Roof Assembly.
25 . WILDLAND-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 o'r online at www.losgatos ca.gov/building
29. BLUE PRINT FOR A CLEAN BAY SHEET: The Town standard Santa Clara County
Valley Nonpoint Source Pollution Control Program Sheet (24x36) shall be part of the plan
submittal as the second page. The specification sheet is available at the Building Division
Service Counter for a fee of $2 or at ARC Blue Print for a fee or online at
ww w.losgatosca.gov/b uilding.
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: Mike Weisz at (408) 354-5236
c. Santa Clara County Fire Department: (408) 378-4010
d. West Valley Sanitation District: (408) 378-2407
e. Local School District: The Town will forward the paperwork to the appropriate
school district(s) for processing. A copy of the paid receipt is required prior to
permit issuance.
f. Bay Area Air Quality Management District: (415) 771-6000
31. ADVISORY COMMENT : Code compliant light, ventilation, and egress is required from the
Cellar.
TO THE SATISFACTION OF THE DIRECTOR OF PARKS AND PUBLIC WORKS:
Engineering 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-way 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
approvals 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 security.
It is the responsibility of the Applicant/Developer to obtain any necessary encroachment
permits from affected agencies and private parties, including but not limited to , Pacific Gas
and Electric (PG&E), AT&T, Comcast, Santa Clara Valley Water District , California
Department of Transportation. Copies of any approvals or permits must be submitted to the
Town Engineering Division of the Parks and Public Works Department prior to releasing any
permit.
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-site drainage facilities, grading or paving, and all work in the Town's right-of-way.
Failure to do so will result in rejection of work that went on without inspection.
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 provisions. 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 sole expense and no additional compensation shall be allowed therefore.
41. UTILITIES: The Developer shall install all new, relocated, or temporarily removed utility
services, including telephone, electric power and all other communications lines
underground , as required by Town Code Section 27.50.015(b). All new utility services shall
be placed underground. Underground conduit shall be provided for cable television service.
Applicant is required to obtain approval of all proposed utility alignments from any and all
utility service providers. The Town of Los Gatos does not approve or imply approval for
final alignment or design of these facilities.
42. WVSD (West Valley Sanitation District): Sanitary sewer laterals are televised by West
Valley Sanitation District and approved by the Town of Los Gatos before they are used or
reused. A sanitary sewer clean-out is required for each property at the property line or
location specify by the Town.
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. J 0 .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 hauled on or off the project
site. This may include, but is not limited to provisions for the developer/owner to place
construction notification signs noting the dates and time of construction and hauling
activities, or providing additional traffic control. Coordination with other significant projects
in the area may also be required.
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 the duration of
the project. Watering on public streets shall not occur. Streets will be cleaned by street
sweepers or by hand as often as deemed necessary by the Town Engineer, or at least once a
day. Watering associated with on-site construction activity shall take place between the
hours of 8 a.m. and 5 p.m. and shall include at least one late-afternoon watering to minimize
the effects of blowing dust. All public streets soiled or littered due to this construction
activity shall be cleaned and swept on a daily basis during the workweek to the satisfaction of
the Town. Demolition or earthwork activities shall be halted when wind speeds
(instantaneous gusts) exceed 25 MPH . All trucks hauling soil, sand, or other loose debris
shall be covered.
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 system shall be stenciled/signed with appropriate "NO DUMPING -Flows to Bay"
NPDES required language. On-site drainage systems for all projects shall include one of the
alternatives included in section C.3.i of the Municipal Regional NPDES Permit. These
include storm water reuse via cisterns or rain barrels, directing runoff from impervious
surfaces to vegetated areas and use of permeable surfaces. If dry wells are to be used they
shall be placed a minimum of ten (10) feet from the adjacent property line and/or right of
way.
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 all times
during the course of construction. All construction shall be diligently supervised by a person
or persons authorized to do so at all times during working hours. The storing of goods and/or
materials on the sidewalk and/or the street will not be allowed unless an encroachment permit
is issued by the Engineering Division. The adjacent public right-of-way shall be kept clear of
all job related dirt and debris at the end of the day. Dirt and debris shall not be washed into
storm drainage facilities. The storing of goods and materials on the sidewalk and/or the
street will not be allowed unless an encroachment permit is issued . The Developer's
representative in charge shall be at the job site during all working hours. Failure to maintain
the public right-of-way according to this condition may result in the Town performing the
required maintenance at the Developer's expense.
TO THE SATISFACTION OF THE SANTA CLARA COUNTY FIRE DEPARTMENT:
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 receive from , the Building
Department all applicable construction permits.
56. Fire Sprinklers Required: An automatic residential fire sprinkler system shall be installed in
one-and two-family dwellings as follows: In all new one-and two-family dwellings and in
existing one-and two-family dwellings when additions are made that increase the building
area to more than 3,600 square feet. Exception: A one-time addition to an existing building
that does not total more than 1,000 square feet of building area. NOTE: The owner(s),
occupant(s) and any contractor(s) or subcontractor(s) are 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
caused by fire protection water supplies. It is the responsibility of the applicant and any
contractors and subcontractors to contact the water purveyor supplying the site of such
project , and to comply with the requirements of that purveyor. Such requirements shall be
incorporated into the design of any water-based fire protection systems, and /or fire
suppression water supply systems or storage containers that may be physically connected in
any manner to an appliance capable of causing contamination of the potable water supply of
the purveyor of record . Final approval of the system(s) under consideration will not be
granted by this office until compliance with the requirements of the water purveyor of record
are documented by that purveyor as having been met by the applicant(s). 201 O 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 existing buildings shall have approved address numbers,
building numbers or approved building identification placed in a position that is plainly
legible and visible from the street or road fronting the property. These numbers shall contrast
with their background. 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:\DEV\CONDITIONS\2 016\Hilow 16362.docx
Town Council Meeting 10/04/16
Item #1
MINUTES OF THE TOWN COUNCIL MEETING
SEPTEMBER 20, 2016
The Town Council of the Town of Los Gatos conducted a Special Meeting on Tuesday ,
September 20, 2016, to hold a Closed Session at 5 :30 p.m. and a Regular Meeting at
7 :00 p.m.
CLOSED SESS ION -5:30 P.M.
CS-1 CONFERENCE WITH REAL PROPERTY NEGOTIATOR
(Government Code Section 54956 .8)
Property: 75 Church St. (Forbes Mill) (APN: 529-54-050)
Negotiating Parties: Town of Los Gatos
(Negotiator: Matt Morley, PPW Director) Potential Buyers and/or Tenants
Negotiations: Price and terms of potential sale or lease
Property: 4 Tait Avenue (Museum) (APN: 510-44-054)
Negotiating Parties: Town of Los Gatos
(Negotiator: Matt Morley, PPW Director) Potential Buyers and/or Tenants
Negotiations: Price and terms of potential sale or lease
Property : 14850 Winchester Avenue (APN: 424-31 -055)
Negotiating Parties : Town of Los Gatos
(Negotiator: Matt Morley, PPW Director) Potential Buyers and/or Tenants
Negotiations: Price and terms of potential sale or lease
Property: 4 New York Avenue (Venue) (APN: 529 -27 -024)
Negotiating Parties : Town of Los Gatos
(Negotiator: Laurel Prevetti, Town Manager) KCAT (Negotiator: Melissa Toran)
Negotiations: Price and terms of lease
Property: 20 Dittos Lane (APN: 529-29-034)
Negotiating parties : Town of Los Gatos
(Negotiator: Matt Morley, PPW Director) Potential Buyers and/or Tenants
Negotiations: Price and terms of potential sale or payment of lease
CS-2 TOWN MANAGER EVALUATION (Performance Only)
MEETING CALLED TO ORDER AT 7:00 P.M.
ROLL CALL
Present: Mayor Barbara Spector, Vice Mayor Marico Sayoc, Council Member Marcia
Jensen, Council Member Steve Leonardis, Council Member Rob Rennie .
Absent: None
EXHIBIT 5
PLEDGE OF ALLEGIANCE
Garrett Rossi led the Pledge of Allegiance. The audience was invited to participate.
PRESENTATIONS
Mayor Spector presented a Small Business , Big Applause Commendation to Gilley's
Coffee Shoppe. Dave, Catrina , and Andres Berman thanked the Town and the
community for their support.
CLOSED SESSION REPORT
Robert Schultz, Town Attorney, stated Council met in Closed Session as duly noted on
the agenda and there is no report.
COUNCIL/TOWN MANAGER REPORTS
Council Matters
Council Member Marcia Jensen stated she had nothing to report .
-Council Member Rob Rennie stated he attended along with the Vice Mayor the
training for the bicycle and pedestrian counting and he participated in taking counts
on both counting days . He attended the Silicon Valley Clean Energy Authority
Board of Directors meeting, the Valley Transportation Authority (VTA) Policy
Advisory Committee meeting, and the C ities Association Legislative Advisory
Committee meeting and Board meeting .
Mayor Barbara Spector stated she presented a proclamation to the Methodist
Church for their 1501h birthday and thanked them for their services to the Town .
Vice Mayor Marico Sayoc stated she participated in the bicycle and pedestrian
counting , the Veterans Memorial Foundation meeting, the Conceptual Development
Advisory Committee (CDAC) meeting, and the West Valley Mayors/Managers
meeting.
Council Member Steve Leonardis stated he attended the West Valley Sanitation
District (WVSD) Board of Directors meeting and the Treatment Plant Advisory
Committee meeting.
Manager Matters
Ms. Prevetti invited all to attend the Screen on the Green to be held at Oak Meadow
Park on Friday , September 30. Children's activities begin at 6:30 p.m. with the movie
"Inside Out" beg i nning at 7:00 p .m .
CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION)
1 . Approve Council Meeting Minutes of September 1, 2016 .
2 . Approve Council Meeting Minutes of September 6 , 2016 .
3. Authorize the Town Manager to execute a Memorandum of Agreement with the
Veterans Memorial and Support Foundation of Los Gatos for the Veterans Memorial
at the Town of Los Gatos Civic Center.
2
Town Council/Parking Authority September 20 , 2016
Consent Items -continued
4 . Authorize the Town Manager to execute an agreement with W . Jeffrey Heid to serve
as a Town consultant to review landscape plans and to perform irrigation audits
required by the State Model Water Efficient Landscape Ordinance .
5 . Accept two grants from the Santa Clara County Partnership in Community Health .
6 . Authorize the Town Manager to enter into an agreement with O 'Brien Code
Consulting , Inc. for Building Division Plan Check Consultant Services.
7. Authorize the Town Manager to enter into an agreement with lnterwest Consulting
Group for supplemental Building Plan Check and associated consultant services.
8 . Authorize the Town Manager to e xecute a certificate of acceptance and notice of
completion accepting the work of Guerra Construction and authorize recording by
the Clerk Administrator for PPW Job No . 14-02 Hillside Road Preservation Federal
Project No. STPL-5067 (020).
9 . Authorize the Town Manager to execute a certificate of acceptance and notice of
completion accepting the work of FBD Vanguard Construction and authorize
recording by the Clerk Administrator for PPW Job No. 15-813-9921 Curb Ramps.
Project.
10.Biennial Review of the Town's Conflict of Interest.
11 .Approve the New Museum Los Gatos proposal to install permanent signage to the
ex terior wing wall of 106 E. Main Street facing the C ivic Center lawn .
12 . Approve a revised LED Streetlight Retrofit Project scope (PPW Project No. 813-
0224 ).
13. 16020 Winterbrook Road -Consider adopting a resolution to set a date for
consideration of a reorganization of an un inhabited area designated as Winterbrook
Road No. 5 , containing approx imately 0 .394 acre parcel pre-zoned R-1 :8. APN 532-
26-014. Annexation Application AN-16-005. Property Owner/Applicant: Joshua
Stults.
Council Member Rennie pulled Item #11 .
Angelia Doerner pulled Item #9 .
Council Member Jensen and Mayor Spector asked questions of staff on Item #3 which
were add ressed by Robert Schultz, Town Attorn e y .
MOTION:
VOTE:
Motion by Council Member Marcia Jensen to approve Consent
Items 1 through 13, exclusive of Items 9 and 11 . Seconded by
Mayor Barbara Spector.
Motion passed unanimously.
3
Town Council/Pa rking Auth ority Septem ber 20 , 20 16
Pulled Consent Item #9
9. Authorize the Town Manager to execute a certificate of acceptance and notice of
completion accepting the work of FBD Vanguard Construction and authorize
recording by the Clerk Administrator for PPW Job No. 15-813-9921 Curb Ramps
Project
Lisa Petersen, Town Engineer, presented the staff report .
Opened Public Comment.
Angelia Doerner
Thanked Parks and Public Works for the great curb ramp design.
Closed Public Comment.
Council discussed the matter.
MOTION : Motion by Council Member Steve Leonardis to authorize the
Town Manager to execute a certificate of acceptance and notice of
completion accepting the work of FBD Vanguard Construction and
authorize recording by the Clerk Administrator. Seconded by
Mayor Barbara Spector.
VOTE: Motion passed unanimously.
Pulled Consent Item #11
11 . Approve the New Museum Los Gatos proposal to install permanent signage to the
exterior wing wall of 106 E. Main Street facing the Civic Center lawn
Shelayne Hammack, Management Analyst, presented the staff report.
Opened and closed Public Comment.
Council discussed the matter.
MOTION:
VOTE:
Motion by Council Member Marcia Jensen to approve the
proposed sign with an option to move the sign if it conflicts with the
future Veterans' Memorial. Seconded by Council Member Steve
Leonardis.
Motion passed unanimously.
4
Town Council /Parking Authority September 20 , 2016
VERBAL COMMUNICATIONS
Angelia Doerner
Commented on the curb ramp design for the Almond Grove and requested they be
changed.
Shuang Ji
Commented on the House of Representatives Resolution 343 condemning the
practice of state-sanctioned, forced organ harvesting in the People's Republic of
China, requested Council to pass a similar resolution, and invited all to a screening
of a movie that speaks to the topic.
PUBLIC HEARINGS
14. 16362 Hilow Road. Consider an appeal of a Planning Commission decision denying
a request to construct a new single-family residence on property zoned R-1 :8 . APN
532-0-08. Architecture and Site application S-16-011 .
Joel Paulson, Director of Community Development, presented the staff report.
Sandy Harris and Joel Baldwin, applicant/appellant representatives, spoke on the
project.
Opened Public Comment.
Terence Linter
Commented in support of the project.
Krysten Hariri
Commented in support of the project.
Bill Wagner
Commented in opposition to the project.
Perry Hariri
Commented in support of the project.
Craig Ford
Commented in support of the project.
Debora Wagner
Commented in opposition to the project.
Marc Buckland
Commented in support of the project.
5
Town Council /Parking Authority September 20 , 2016
Public Hearing Item #14 -continued
William Schwartz
Commented in support of the project.
Karol Ryan
Commented in support of the project.
Whitney Halladay
Commented in support of the project.
Scott Uran
Commented in support of the project.
Mike Brown
Commented in support of the project.
Loree Vitale
Commented in support of the project.
Ron Deering did not come forward .
Dennis Byron
Commented in support of the project.
Ehab Youssef
Commented in support of the project.
David Zirl
Commented in support of the project.
Sandy Decker
Commented in opposition to the project.
Shannon Susik
Commented in opposition to the project.
Lee Quintana
Commented that the majority of single story homes are being replaced by two story
homes, which reduces the number of single story homes for seniors to transition to
new accommodations.
Jeanne Driedger
Commented in opposition to the project.
6
Town Council/Parking Authority September 20 , 2016
Public Hearing Item #14 -continued
Kim Grounds
Commented in support of the project.
Sandy Harris, applicant/appellant representative
Addressed comments.
Closed Public Comment.
Council discussed the matter.
MOTION:
VOTE:
MOTION:
VOTE:
Recess at 9:53 p.m .
Motion by Council Member Rob Rennie to grant the appeal of the
Planning Commission decision based on the fact the policy around
the County neighborhoods is not clear, there is not yet a policy
regarding creeping two stories, and there is not yet a clear policy
about reducing non-permeable surfaces. AMENDMENT: to keep
the two trees in the front yard to further help the screening, include
the changes from the Development Review Committee (DRC) to
mitigate the neighbors' concerns, raising the bathroom window sill,
and using obscure glass. Seconded by Vice Mayor Marico
Sayoc.
By show of hands, motion failed 2/3. Mayor Barbara Spector
and Counci l Members Marcia Jensen and Steve Leonardis
voting no.
Motion by Council Member Marcia Jensen to grant the appeal
but remand the matter to the Planning Commission per Attachment
6 to formalize those issues that have been raised by the applicant,
i.e. retain the trees, screen the windows , ensure the drainage is
correct , and consider reducing the size of the cellar and the size of
the garage .. Seconded by Mayor Barbara Spector.
By show of hands, motion passed unanimously.
Reconvened at 10:02 p.m .
7
Town Council/Parking Authority September 20, 2016
OTHER BUSINESS
15. Authority for exclusive negotiation with Presidio regarding a potential parking garage
and residential development
Matt Morley, Director of Parks and Public Works, presented the staff report.
Other Business Item #15 -continued
Opened Public Comment.
Mark Conroy, Presidio Development Partners, LLC
Commented on the firm's experience on this type of project and requested Council
move forward with the project.
Cameron Schwab, Barry Swenson Builder
Questioned why the firm was being excluded from further negotiations.
Angelia Doerner did not come forward.
Closed Public Comment.
Council discussed the matter.
MOTION:
VOTE:
Motion by Counc il Member Marcia Jensen to authorize the Town
Manager to enter exclusive negotiations with Presidio Development
for the development of a downtown mixed use public parking and
residential deve lopment as recommended by the Council Ad Hoc
Committee on Parking and Infrastructure , with the understanding
that if negotiations are not successful, negotiations will be opened
again for other bidders . Seconded by Mayor Ba rbara Spector.
By show of hands, motion passed unanimously.
16.Consider Council Policy Committee recommendations to amend Council Policy 2-01
entitled Town Council Agenda Format and Rules and Policy 2-05 entitled Planning
Commission Policies and Procedures
Robert Schultz, Town Attorney, presented the staff report.
Opened and closed Public Comment.
Council discussed Policy 2-01 .
8
Town Council/Parking Authority September 20 , 2016
Other Business Item #16 -continued
MOTION:
VOTE:
Motion by Council Member Steve Leonardis that the time limits
remain as is in the existing policy. Seconded by Mayor Barbara
Spector.
Motion passed 3/2. Vice Mayor Marico Sayoc and Council
Member Marcia Jensen voting no.
Council discussed Pol icy 2-05.
MOTION :
VOTE:
ADJOURNMENT
Motion by Council Member Steve Leonardis to approve the
recommendation that a new section would be added to the Town
Council Agenda Format and Rules pertaining to telephonic
attendance at Council meetings with the intention that the
requirements would pertain to all Town Boards, Committees, and
Commissions . Seconded by Mayor Barbara Spector.
Motion passed 4/1 . Council Member Rob Rennie voting no.
The meeting adjourned at 10:42 p.m.
Attest:
/s/ Shelley Neis, Clerk Administrator
9
Town Council/Parking Authority September 20 , 2016
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Intentionally
left Blank
RESOLlJTION 2016-049
RESOL UT ION Of THE TOWN COUNCIL
OF THE TO\VN OF LOS GATOS
GRANTING AN APPEAL Of THE DECISION OF THE PLANNING C OMMISSION
DENYI NG A REQUEST TO CONSTRUCT A NEW SINGLE-FAMILY RESIDENCE.
O'.'l PROPERT\' ZONED R-1:8
AND REMANDING THE MATTER TO THE PLANNlNG COMMISSION FOR
FURTHER CONSIDERATION
APN: 532-04-082
ARCHITECTURE AND SITE APPLICATION: S-16-011
PROPERTY LOCATION: 16362 HILOW ROAD
PROPERTY OWNER/APPELLANT: VALY JAL.A.LIAN
WHF.R F.AS. on July 27. 2016. the Planning Com m 1ss1on held a publi c hcanng and
co nsidered a re quest to construct a new . ingle-famil y re idcnce on property zoned R -1 :8. Tht:
Pl an ni ng Commi ssion denied the applil;atio n at the Ju l! 17 . 2016 Pl anning C'o mmi s ion Publi c
Hearing.
WHEREAS. on August I. 20 1(>, Lhc propert y owner tiled a n appeal of the decision of
th e Pl a nn ing C'ommi sion denying nn application to consuuct a new single-famil y residence: and
WHEREAS, this matter cam<.: before 1hc Town Council for pub li c hea ring on Se pt e mber
20. 2016 . and was regular ly noti ced 1n C(lnfonnan ·e 1,.v ith State and Town law.
WH EREAS, the Town C ouncil recei ved tc, timo ny and documt:ntary evidence fro m th e
appellant ~md all interested per.s ons who wished to testify or s ubmit documents. The Town
Counci l considered all testi m on y and mJ tcrials sub mictcd . inc luding the record of the Pl a nn ing
Comm iss ion proceed ing ~ and the packt:t o f m::ltcrial cont ained in the Council Agenda R eport for
th t:ir meet in g on Sept <.!mbt:r 20. 20 16. al o ng w ith a ny and all s ub sequent rep o rt s a nd materials
pr~pared conc1.:rnrng thi s ap plicatiun.
EXHIBIT 6
WHEREAS, Coum:il find:-< as follows :
I . Jn accordance w ith Town Code sec tion 2 9.20.300. that new infrl rmation \Vas
s ubmitted to the Council during the appeal pr 1ccss that \Va not ri.:udily and reasona bl y a v ailable
fo r subm ission to the Comm ission.
NOW. THEREF ORE , BE IT RESOLVED:
l . T he appea l o t the d e ci s ion of the Planning Co mm ission denying a request to
const ruc t a new single-fom tly rcs i dc n~c o n property zoned K-1 :8 i s grnntcd and th e appli<.:ation is
remande d to Planning Commission to fo nn aliz c th e c h a nges offered by the ap plicant regarding
tri.::i.: rn movaL ob ~cure glass. and <lrai nag~ and to consider re<lucing the !ii/I.! n f the ~:cl!a r and the
garage .
2. The decision does no t const itllte a final admmisrrati vc dccisi Pn and the
appli<..:ation will be returned w Planning Commi ss ion fo r furth~r co nsideration .
R esol ution 20 l fi-049 Septem ber ~O . 20 J 6
PASSED ANO ADOPTED at a regular meet ing of th~ 'fown Counci l of the TO\.V!l of
Los Gatos. Califonm1. held o n the 201h day o f September, 20 16. by th e fo ll ow mg vote:
COUNCIL M EM BERS :
A YES: ivlarcia Jen sen . S teve Leo nardi s. Rob R e nni e. Marico Sayoc. Mayor Barbara Spector
NAYS : Non1:.
A BSENT : :\one.
ABSTAIN : No rn.:. ------....._ ,/--:6r:~~
\ MAY~ T H E TOWN OF LOS GATOS
'-----WS-uATOS, cp uFORN IA
DA TE _'j__/d.;-/!J,, __
ATTEST :
~Q~~
CLERK ADM i NISTR ATO R OF THE TOWN OF LOS GA TOS
LOS GATOS . C AU t"ORN IA
DAT E:~<j_f~_.__[l_p,____
J o f 3
Resoluuon 20 ! f'-049 Sc pt\!mbcr 20. 20 l fi
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Intentionally
Left Blank
November 2 , 2016
Planning Commission
Town of Los Gatos
110 East Main St.
Los Gatos CA 95030
Honorable Commissioners:
We are writing in opposition to approval of Architecture and Site Application S-16-011 at 16362
Hilow Road (APN 532-04-082) which will be to be heard again by the Planning Commission on
November 9 . We attended the Planning Commission meeting on July 27 and supported the
Commission when it overturned DRC's approval based upon the fact that the form and mass of
the proposed house is not consistent with the other houses in the immediate neighborhood.
For 24 years, we have lived at 16374 Hilow Road, the neighbor to the south of 16362 Hilow
Road. Our one-story house is 3500 SF on a 11,779 SF lot, exactly the same lot size as the
applicant's lot. We bought our house in this neighborhood because the lot was large enough to
maintain a large single-story house and still have room in the large backyard to raise our family .
The residential design guidelines are intended to assure that new homes respect the scale and
character of the immediate neighborhood. Whether the immediate neighborhood is defined by
the 2-5-2 definition or expanded to include the 14 surrounding houses, all but one are single
story houses. According to the Guidelines, new homes are to be designed to respect views,
privacy and solar access of their neighbors. In Section 2.3, Form and Mass, and in other
sections, the Guidelines include specifics like:
~ 2.3.1 Design two story houses in predominantly one story neighborhoods to blend
with the smaller homes.
~ 2.3.2 Avoid structures with height and bulk at front and side setback lines which are
significantly greater than those of the adjacent homes.
~ 2.3 .6 Locate second floor mass to minimize impacts on the streetscape and adjacent
neighbors.
~ 2.3 . 7 Minimize the mass of garages.
The photo on the following page indicates the view of the proposed house from our front yard,
which is the same view that will be seen by northbound traffic on Hilow Road. From this photo,
it should be clear that the proposed house does not conform to the Residential Design
Guidelines, because its form, mass and position of the lot overwhelms other houses in the
immediate neighborhood. The mass of the garage, which is integral to the house, contributes to
the overall mass of the structure, rather than minimizing it.
EXHIBIT 7
At the Town Council Meeting on September 20, the Council discussed form and mass and
remanded the project back to Planning Commission with specific direction to consider changes
to the cellar and garage. The changes now proposed reduce the cellar by 200 sf and reduce
the garage by 199 sf. These changes do nothing to reduce form and mass. The garage size
reduction moves the garage door back about 10 ft, but this change does not change the roof
line or modify form, size and mass of the second story. We feel that this does not conform to
the Council's intent and does not conform to the residential design guidelines .
For these reasons, we ask the Planning Commission to reject the application.
Sincerely
Bill and Debbie Wagner
16374 Hilow Road,
Los Gatos 95032
Thursday October 6 , 2016
Town of Los Gatos Planning Commission
110 E. Main Street
Los Gatos , CA 95030
RE: Project/Application s-16-011
16362 Hilow Road
Justification/Project description & changes as directed
by Town Council Sept 20 , 2016
(
RECEIVED
OCT 11 2016
TO WN OF LOS GATOS
PLANNING DIVISION
On September 20 , 2016 the Town Council unanimously voted to approve
the following motion :
"Motion by Council Member Marcia Jensen to grant the appeal but remand the
matter to the Planning Commission per Attachment 6 to formal ize those issues that
have been raised by the applicant, i.e. retain the trees, screen the windows , ensure
the drainage is correct, and consider reducing the size of the cellar and the size of
the garage .. Seconded by Mayor Barbara Spector."
In order to comply with this motion , we are submittin g the follow i ng changes for
the Planning Commission to review:
1. Retain the two large trees in front and raise bathroom window/g lass change :
As stated in the AMENDMENT: we will keep the two trees in the front yard to further
help the screening, include the changes from the Development Review Committee
(DRC) to mitigate the neighbors' concerns, raising the bathroom window sill , and
use obscu re glass .
2. Ensure dra i nage is correct:
During the Town Council meeting on September 20, 2016, the soils engineer, Joel
Baldwin was in attendance and spoke regarding any soil and water drainage issues
and assured Council that any of these water concerns brought up from 2 neighbors
were not founded by any facts regarding this project, but stemmed from other factors
on their properties. There are no drainage issues connected to this project.
3. Reduce the size of the garage and cellar:
The Town Council requested that we "consider reducing the size of the ·cellar and the
size of the garage". To that end we have amended our plan to include a 200 sq. ft
reduction in.the garage and a 200 sq . ft reduction in the cellar. The garage is now
set back approx. 1 Oft from the front of the house as shown in the new rendering.
The cellar has now been reduced to approx.1600 sq. ft .
EXHIBIT 8
(
I am requesting that the Planning Commission review the Town Council meeting of
Sept 20, 2016 as the discussion on th is project lasted over 2 hours . 14 neighbors
and public came forward in favor of the project including neighbors directly across
the street and on each side of the project. The Council did not find one code violation
or any reason to justify not moving forward with this proposed project. I would also
hope you would take into consideration the months and months of lost time and
revenue as this project continues to be put on hold .
I am requesting that the Planning Commission approve and support the granted
appeal from the Town Council based on us meeting each of their requests.
This project complies with all the policies guidelines of the Town of Los Gatos
and will be a great asset to the neighborhood and community.
AA
B
B
SECTION A-A
SECTION B-B
ELEVATION VIEW
ELEVATION VIEW
SECTION W-W
W
PLAN
Z Z
W
SECTION Z-Z
TOWN OF LOS GATOS ITEM NO: 3
DESK ITEM PLANNING COMMISSION STAFF REPORT
Meeting Date: November 9, 2016
PREPARED BY:
APPLICATION NO.:
LOCATION:
PROPERTY OWNER
APPLICANT:
CONT ACT PERSON:
Susie Pineda, Contract Associate Planner
spi neda -mg@ losgatosca.gov
Architecture and Site Applicati on S-16-011
16362 Hilow Road (Located on the east side of Hil ow Road
south of Shannon Road)
Va ly Jalalian
Valy Jalalian
APPLICATION SUMMARY: Requesting approval to construct a new single-family residence
on property zoned R-1 :8. APN 532-04-082 .
EXHIBITS:
R EMA RKS:
Previously received with November 9, 2016 Staff Report:
1. Location map
2. Project Data Sheet (two pages)
3. Required Findings and Considerations (one page)
4. Recommended Conditions of Approval (eight pages)
5. September 20, 2016 Town Council meeting Minutes
6. Town Council Resolution 2016-49 (three pages)
7. Public Comments received by 11 :00 a .m ., Thursday,
November 3, 2016
8. Letter of Jus tification (two pages), received October 11 ,
2016
9. Development Plans (11 sheets), received October 11 , 2016
Received with this Desk Item:
10 . Public Comments received between 11 :01 a.m., Thursday,
November 3 , 2016 and 11 :00 a.m . Wednesday, November
9,2016
The attached public comments (Exhibit 10) were received after the distribution of the Staff
Report.
ATTACHMENT 2
Planning Commission Staff Report -Page 2
16362 Hilow Road/S-16-011
November 9, 2016
~'-'"-"'------
Susie Pineda
Contract A ssociate Planner
JP :SP :sr
N:\D EV \PC R EPORTS\20 16\Hilow 16362 -remand -11-9-16 Desk .docx
I .Approved by:
Joel Paulson, AI CP
Co mmunity Deve lopment Director
Joel Paulson
From:
Sent:
To:
Subject:
Lucille Weidman <laweidman@sbcglobal.net >
Tuesday, November 08, 2016 11:00 PM
Joel Paulson ; Susie Pineda M-Group
Proposed appli cation at 16326 Hilow Road
Dear Planning Commission Members and Staff:
Thank you for taking the time to read and consider my concerns for the house being proposed at 16362 Hilow Road. In
my opinion the house is too massive for the parcel of land that it will be occupying. If the project is allowed to go
through, as planned, it will set a precedent for other homes waiting in the pipeline to be built in the very near future in
the Hilow/Shannon neighborhood. Perhaps a positive precedent can be set by requiring the developer to design a more
modest sized home, perhaps a one-story home with cellar more in line with the look and feel of the neighborhood that
can then be replicated by future homes built in the Hilow/Shannon areas. Today young folks want huge two-story
homes not realizing that as they age and their children leave the nest, they will want to scale down to a one-story small
family home and still live in Los Gatos . Unfortunately by then many of the neighborhoods in Los Gatos will not meet
their need for a smaller home, fney will be few, if any left.
I am a resident of Los Gatos since 1958 so you can well imagine the tremendous changes to our town that I have seen.
know the Hilow/Shannon area rather well having had schoolmates who lived in the area for many years . It was always a
quiet neighborhood with small family homes and the small portion of Hilow Rd that approaches Marchmont was but
a little dirt roadway (a cut through one might say). Now we are dealing with the concept of "I can build a house bigger
than yours because nothing is stopping me" philosophy that is beginning to destroy the quiet charm of our
neighborhoods. Modest single family homes are being bought up by developers and builders who are creating "stucco
and wood" mega homes filling a parcel from stem to stern. In county owned Blossom Hill Manor many one-story homes
are being replaced with truly HUGE two-story homes that take up just about every bit of the property. Blossom Hill
Manor has changed dramatically over just the past ten years . What will it look like in another ten years? The homes are
huge and so are the price tags. We are losing our family "blue collar" neighborhoods where children played and
neighbors knew each other.
I have recently driven and walked through the Hilow area and to impose such a large two-story house on that modest
parcel of land would be the beginning of the end for this lovely neighborhood. If the house proposed in its present state
is allowed to go forward it will be the death knell for yet another charming Los Gatos ne ighborhood. We can't afford to
lose any more of our neighborhood identities. We are a small, charming, "countrified" community of neighborhoods
that should be cherished not destroyed with the "bigger" is "better" philosophy.
I am asking the Planning Commission Members to please uphold your original decision to deny the proposed application
at 16362 Hilow Road .
Respectfully,
Lucille Weidman
215 Carlester Drive
Los Gatos, CA 95032
EXHIBIT 1 0
1
Joel Paulson
From:
Sent:
To:
Subject:
Sam Weidman <samweidman@sbcglobal.net>
Tuesday, November 08 , 2016 11:31 PM
Joel Paulson ; Susie Pineda M -Group; Laurel Prevetti
16362 Hilow Rd application
Dear Commission Members and Staff,
My name is Sam Weidman and I have lived in Los Gatos since 1946. In years past it seems that just about every person
running for any kind of office in Los Gatos would mention that they wanted to and would maintain the charm and
beauty of Los Gatos if they were elected or appointed to office. In the last ten years the "charm and beauty mantra"
apparently has worn thin and no longer is the catch phrase to win elections and it has become apparent in the huge
massive homes being built and the multitude of medical facilities emerging in the northern end of town. Neither the
large massive elaborate homes or the medical facilities add to the charm and beauty of the Town of Los Gatos, and
allowing the current application for 16362 Hilow to be approved as a two-story residence with cellar will be the
beginning of the end of the charm in the Hilow neighborhood.
Another concern I have for the building of this home at that location with a cellar is all the testimony I have seen
regarding the neighborhood is that everyone on the street has sump pumps to remove water from their properties
because of poor drainage, clay-like soil, and possibly high water table levels. The geologist for the project mentioned in
the September 20 Town Council appeal hearing that the water table was at 14 feet and the cellar would be 10 feet
deep. When was the level of the water table taken and was it an actual level taken by drilling? Was it taken most
recently after our five year drought? What is the estimated water table likely to be after several good rainy seasons and
the ground becomes saturated, especially with clay soil that absorbs slowly and drains slowly?
When I worked for GE back in the 1980's and we built a training facility on Little Orchard Street in San Jose, we needed
to dig a 20 foot diameter hole 80 feet into the ground and line it with concrete. We had had several years of very little
rain prior to the project and the water table was determined to be at 100 feet. We dug the hole and poured the
concrete liner during the summer of 1980. That winter we had some heavy rainfall and the water table rose above 80
feet and water started to leak into the vessel from underground. Obviously it wasn't water tight. We were able to fix
the leak and move on with the project. My point being, we have had five years of drought and the water table is at 14
feet. With heavy rains, and approximately 3600 square feet of roof area dumping water to the ground on that sight, the
water table is bound to rise, and with approximately 19,500 cubic feet of ground being occupied by the cellar, there will
be that much less volume for the rain to soak into before being pu shed out to the neighbors and pumped to the streets
by the anticipated installation of pumping and dispersal systems for the property.
Please uphold the denial of this application .
Respectfully,
Sam Weidman
215 Carlester Drive
Los Gatos, CA 95032
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Joel Paulson
From:
Sent:
To:
Subject:
Commissioners & Staff,
Sandy Jordan <sjo rdan@mitty.com >
Wednesday, Nove mber 09, 2016 10:19 AM
Joel Paulson
Pending Applications
Please uphold your original 6-1 decision to deny the proposed application at 16362 Hilow Road as it doesn't fit into the
immediate neighborhood or the nearest Town neighborhoods. In addition it impacts views, privacy and the Town's
infrastructure with its excessive bulk and mass and living space (including the cellar.) The developer has made no effort
to address the issues your commission raised in its decision in July, but instead has had his team focus on personal
attacks rather than the critical Los Gatos Residential Design Guidelines and Town Policies.
Please preserve one of the remaining "a ffordable" neighborhoods in Los Gatos and protect the immediate neighbors
from the encroachment of developer's whose only concern is their bottom line .
Sandy Jordan
AMHS Business Office
408 .342.4380
sjordan@mitty .com
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