Attachment 01 01-10ATOWN OF LOS GATOS ITEM NO: 6
PLANNING COMMISSION STAFF REPORT
Meeting Date: December 14, 2016
PREPARED BY: Jennifer Armer, Associate Planner
ja rm e r@ lo s gato s ca.gov
APPLICATION NO: Planned Development Application PD-15-001
Mitigated Negative Declaration ND-15-001
LOCATION: 15215 Shannon Road (north ofShannon Road between
Shannon Heights Road and Sky Lane)
APPLICANT/
PROPERTY OWNER: Fred Sahadi
APPLICATION SUMMARY: Requesting approval of a Planned Development to rezone a
property pre-zoned HR-5 to HR-2 12 :PD, s ubdi vide o ne lot into
five lots, construct four new single-family homes , and remove
large protected trees. APN 537-25-002.
RECOMMENDATION: Forward a recommendation to Town Co uncil for approval of the
Planned Development app li cation.
PROJECT DATA:
North
East
South
West
CEQA:
General Plan Designation:
Zoning Designation:
Hillside Residential
Pre-zoned HR-5 -Hillside
Residential, five to 40 acres for
each dwelling unit
Applicable Plans & Standards: General Plan; Hillside
Development Standards and
Guideline s ; Hillside Specific
Plan
Parcel Size: 13.1 acres
Surrounding Area:
Existing Land Use General Plan Zonin g
Undeveloped Hillside Residential HR-2 12
Single Fami ly Agriculture RC
Undeveloped & Agriculture & RC&
Single Family Hillside Residential HR-2 12
Single Fami ly Hill side Residential HR-2 12
It has been determined that this project will not have a significant
impact on the environment and a Mitigated Negative Declaration
has been prepared and is recommended.
ATTTACHMENT 1
Planning Commission StaffReport-Page 2
15215 Shannon Road/PD-15-001
December 14, 2016
FINDINGS:
ACTION:
EXHIBITS:
BACKGROUND :
• That the Zone Change (Planned Development) is consistent
with the General Plan.
• That the project is consistent with the Hillside Development
Standards and Guidelines.
• That the project is in compliance with Hillside Specific Plan.
• That the project is consistent with the Town 's Housing
Element and addresses the Town's housing needs as
identified in the Housing Element.
• Forward a recommendation regarding the Mitigated Negative
Declaration to the Town Council.
• Forward a recommendation regarding Planned Development
Application PD-15-00 1 to the Town Council.
Previously received under separate cover:
1. Mitigated Negative Declaration
Received with this Staff Report:
2. Location Map
3. Required Findings
4 . December 10,2014, Conceptual Development Advisory
Committee meeting minutes
5. Project Description and Letter of Justification (21 page)
received November 5, 2016
6. Arborist Consultant Report (49 pages), received June 15 ,
2015
7. Public Comments and Responses Regarding the Draft
Mitigated Negative Declaration (fi ve pages)
8. Mitigation Monitoring and Reporting Program (13 pages)
9. Public Comment (six pages)
10. Planned Development Ordinance (31 pages) with Exhibit A
Rezone Area (one page) and Exhibit 8 Development Plans
(22 pages)
The subject 13 acre property is located in unincorporated Santa Clara County, but i s within the
Town's urban service boundary and adjacent to incorporated Town lands on three sides . The site
is north of Shannon Road, southeast of Shady Lane, and west of Sky Lane. Site acces s is
currently taken from Shannon Road on a paved private roadway easement over the private
property to the south.
Existing site improvements include two residences (the main home and a detached cottage), a
detached accessory structure adjacent to the single-family home, 11 unconditioned structures
(sheds, bam, stables, breaking ring), a swimming pool , tennis court, and arena. A site plan
Planning Commission Staff Report -Page 3
15215 Shannon Road/PD-15-001
December 14, 2016
showing the existing structures is included as Sheet 2.0 of Development Plans within Exhibit 10.
All buildings are single-story. The site also includes a paved parking area, paved paths and
driveway, and various unpaved service roads and landscaped areas . The site also includes 169
protected trees.
The applicant presented a development proposal for the subject site to the Conceptual
Development Advisory Committee (CDAC) on December 10, 2014. Summary minutes of the
CDAC meeting are attached (see Exhibit 4). As requested by the CDAC, staff confirmed that a
Planned Development (PD) zone is required for subdivisions within the Hillside Residential zo ne
with five or more building sites.
A Mitigated Negative Declaration (Exhibit 1) and Mitigation Monitoring and Reporting Program
(Exhibit 8) have been prepared for the project.
Future required approvals would include Annexation, Subdivision (including installation of
roadway improvements and recordation of easements), and Architecture and Site for each new
building site.
PROJECT DESCRIPTION:
A. Project Summary
The applicant is proposing a PO to rezone the subject site from Pre-zone HR-5 to HR-2
1/2:PD, to allow the subdivision of one lot into five lots , installation of a new private
roadway, construction of four new single-family homes, and removal of large protected
trees.
The proposed PD would allow the site to be subdivided into five lots with an easement for
a private street. The subject site is approximately 13 acres, and the proposed lots would
each be 2.59 acres. The proposed project would include the construction of a private street
to access the new lots from Shady Lane/Santella Drive. Construction of the private street
would include cut and fill up to six feet in height/depth. Individual building plans and site
improvements would be submitted as part of future Architecture and Site applications.
Proposed plans for the PD application are included within Exhibit B of Exhibit 10 to this
Staff Report.
B. Planned Development Application
The application is a request for a PO overlay. Section 29.40.255 of the Town Code
requires that, "any subdivision into five (5) or more residential building sites shall require
the approval of a planned development" when within the Hillside Residential Zone.
Planning Commission Staff Report -Page 4
15215 Shannon Road/PD-15-00 I
December 14 , 2016
The Hillside Development Standards and Guidelines (HDS&G), page 56, state that:
The purpose of the PD overlay zone, as it relates to hillside areas, is to encourage the
appropriate location of residential units in the least restrictive development areas of
the site. The intent is to sign~ficantly reduce the amount of grading, roads, and other
alterations to the existing environment, to minimize the visual impact of the
development, and to retain the maximum amount of continuous open space in its
natural state.
Town Code states that the purpose of a PO is to provide for alternative uses and
developments that are more consistent with site characteristics, to create an optimum
quantity and use of open space, and to encourage good design . The Planning Commission
shall make a recommendation for the PD application to the Town Council, who will be the
final deciding body. If adopted by the Town Council, the proposed PD ordinance (Exhibit
1 0) would allow the Development Review Committee to approve the Subdivision and
Architecture and Site applications for the new residences if they are less than 5,000 square
feet.
C . Location and Surrounding Neighborhood
The subject 13 acre site is located in unincorporated Santa Clara County, but is within the
Town 's urban service boundary and adjacent to incorporated Town lands on three sides.
The site is north of Shannon Road , southeast of Shady Lane, and west of Sky Lane. Site
access is currently taken from Shannon Road on a paved private roadway easement over
the private property to the south (which is proposed to remain as a secondary access).
Proposed access would be via a private easement extension of the existing Shady
Lane/Santella Drive roadway. There are single-family residential uses to the east, south,
and west, with future residential development currently proposed to the north. There are
also open space/undeveloped lands to the north and south.
D. Zoning Compliance
The proposed base zoning designation of HR 2 Y2 permits single-family homes, and is
consistent with the zoning of the adjacent properties. Town Code requires a PO overlay for
subdivisions with five or more building sites in the Hillside Residential zone as stated
above.
ANALYSIS:
A. Conceptual Development Advisory Committee
The CDAC reviewed a preliminary proposal on December 10,2014. The proposal
consisted of a similar five-lot subdivision. The CDAC provided comments on the proposal
(Exhibit 4). The applicant discusses the changes made to the project to address the CDAC
comments in the Project Description and Letter of Justification letter included as Exhibit 5.
Planning Commiss ion Staff Report-Page 5
15215 Shannon Road/PD-15-00 1
December 14 , 2016
B. Planned Development
The applicant is proposing to rezone the properties from Pre-zone HR-5 to HR-2 Y2:PD .
The HR-2 Y2 z oning is consistent with adjacent properties, all of which are either z oned RC
o r HR-2 Y2 .
Through the PO application, the applicant is proposing to establish the regulations and
development plan under which they would be allowed to:
• Subdivide one lot into five lots through a future Subdivision application ;
• Estab li sh an easement for a private street ;
• C onstruct four new single-family homes through future Architecture and Site
applications; and
• Construct associated site improvements.
The current proposal complies with all provisions of the HR-2 Y2 zone and HDS&G , except
for the items listed below , which are proposed to be allowed through the PO zone :
For the private roadway:
• Depths of cut and fill up to six feet.
• Construction outside the LRDA.
• Roadway grades up to 20 percent, but for no distance more than 300 feet.
• Retaining walls up to six feet, but for no length greater than 50 feet.
• No s idewalks on the private street as would otherwise be required by the Town's
Engineering Standards.
For the future single-family homes & driveways:
• Depths of cut and fill for future driveways.
• Consideration of up to 25 feet height for homes on the ridgeline through future
Architecture and Site applications.
The applicant has provided justification for the requested exceptions listed above in Exhibit 5.
The PO application incorporates the zone change, subdivision, and single-family residential
development. The PO Ordinance defines the maximum allowable development, including
the maximum floor area and building height. Annexation, Subdivision, and Architecture
and Site app li cations would be required to implement the proposed project ifthe PO is
approved.
C . Lot & Building Size
The applicant is proposing five equal s ized lots , 2.59 acres each , with single-family homes
that would be allowed subject to future Architecture and Site applications. A slope density
analysis, on Sheet 3.0 of the Development Plans within Exhibit B of Exhibit 10, shows that
up to five residences could be allowed on the project site based on the existing lot size and
s lope. A calculation of maximum allowed floor area is a lso included on Sheet 3.0 of the
Planning Commission Staff Report -Page 6
I 5215 Shannon Road/PD-I 5-00 I
December 14 , 20I6
Development Plans within Exhibit B of Exhibit l 0, s howing that each site would have a
maximum allowed floor area of 6,000 square feet , although review of other site constraints
may restrict floor area further.
D. Cuts, Fills, and Grading
The project is subject to the HDS&G. The applicant is proposing cut and fill depths greater
than those permitted by the HDS&G:
Cut and Fill Requirements
Site Element Maximum Cut Maximum Fill
House and attached garage 8 '** 3 '
Driveways* 4' 3 '
Other (decks, yards)* 4' 3 '
*Combined depths of cut plus fill for development other than the main residence shall
be limited to 6 feet.
**Excludes cellars.
Grading proposed for the private roadway includes locations of cut and fill up to six feet in
depth. Details of the proposed grading (including site sections, illustrations of the locations
of the proposed cuts and fills , and conceptual future driveway details) are included as
Sheets 9.0-I 2.0 of Development Plans within Exhibit I 0. The applicant states in their
justification l etter (Exhibit 5) that analysis was done of multiple options for site access, and
the proposed option provides an appropriate configuration with the least amount of
disturbance to existing site grade, natural drainage, trees, and adjacent properties.
E. Height and Visibility
In order to show that the project includes building sites that are buildable without significant
exceptions to the HDS&G, the applicant has provided a visibility analysis based on the most
likely building sites. This analysis is included as Sheets 7.0-8.0 of the Development Plans
within Exhibit B of Exhibit I 0. The applicant is requesting that the PO specifically allow for
consideration of up to a 25-foot height for future homes, despite their likely lo cation along
the ridge lines, as described in their Justification Letter within Exhibit 5.
The HDS&G, page 36, state that:
Ridgeline and visible homes shall not extend more than 18.feet above the existing
grade.
Planning Commission Staff Report -Page 7
15215 Shannon Road/PD-15-001
December 14 , 2016
F. Trees
The project was reviewed by the Town's Consulting Arborist (Exhibit 6). A site plan based on
the Town's Consulting Arborist's report is included as Sheet 6.0 of the Development Plans
within Exhibit 1 0. The site includes 169 protected trees. The proposed roadway and associated
site improvements would result in the removal of 16 protected trees (one English holly, 15 coast
live oaks), five of which are large protected trees. The condition of these trees proposed to be
removed range from poor to good. Additional trees will likely need to be removed with future
Architecture and Site applications for the new single-family homes. Additional tree removals
will be evaluated when Architecture and Site applications are submitted.
G . Annexation
An application for annexation would be required prior to approval of a Subdivision
application.
H. General Plan
The project site is within the Hillside Residential (0-1 dwelling units per net acre) General
Plan land use designation which provides for very low density, rural, large lot or cluster,
single-family residential development. This designation allows for development that is
compatible with the unique mountainous terrain and vegetation of parts of Los Gatos. The
proposed project is consistent with this designation as the lot sizes and density of future
development would meet the standards of the HR-2 Y2 zone.
The goals and policies of the 2020 General Plan applicable to this project include, but are
not limited to:
• Goal CD-1 -Preserve and enhance Los Gatos's character through exceptional
community design .
• Policy HOU-2.4 -Demonstrate that all new residential development is sufficiently
served by public services and facilities , including pedestrian and vehicular circulation ,
water and wastewater services, police, fire , schools, and parks .
• Policy HOU-2.5 -New single-family, multi-family and mixed use development shall
be compatible with the character of the surrounding neighborhood.
• Goal HOU-8-Encourage residential construction that promotes green building and
energy conservation practices.
• Policy HOU-8.1 -All approvals of residential developments of three or more units shall
include a finding that the proposed development is consistent with the Town 's Housing
Element and addresses the Town's housing needs as identified in the Housing Element.
• Policy LU-1.3 -To preserve existing trees, natural vegetation, natural topography,
riparian corridors and wildlife habitats, and promote high quality, well designed,
environmentally sensitive, and diverse landscaping in new and existing developments.
• Goal LU-4 -To provide for well-planned, careful growth that reflects the Town's
existing character and infrastructure.
• Policy LU-4.2 -Allow development only with adequate physical infrastructure.
Planning Commission Staff Report -Page 8
15215 Shannon Road/PD-15-00 1
December 14 ,2016
• Goal LU-5 -To encourage public involvement in Town planning processes.
• Policy LU-6.7 -Continue to encourage a variety ofhousing types and sizes that is
balanced throughout the Town and within neighborhoods, and that is also compatible
with the character of the surrounding neighborhood .
• Goal LU-6 -To preserve and enhance the existing character and sense of place in
residential neighborhoods .
• Policy LU-6.5 -The type, density, and intensity of new land use shall be consistent
with that of the immediate neighborhood.
• Policy LU-6.8 -New construction shall be compatible and blend with the existing
neighborhood.
I. Environmental Review
An Initial Study and Mitigated Negative Declaration (MND) (Exhibit I) have been prepared
for the project by the Town's Environmental Consultant, Kimley-Horn and Associates
(available online at www .losgato sca. gov/ 15215Shannon). The 20-day public review period
began on August 19,2016 and ended on September 8, 2016. Mitigation measures are
required for Air Quality, Biological Resources, Cultural Resources , Geology and Soils,
Hazardous Materials, Noise, and Traffic. The Mitigation Monitoring and Reporting Program
is provided along with the response to comments within Exhibits 7 and 8. Mitigation measures
have been incorporated into the performance standards within the PD Ordinance (Exhibit I 0).
PUBLIC COMMENTS:
Written notice was sent to property owners and tenants of the 30 properties closest to the
property. Written comments have been received regarding the proposed project (see Exhibit 9).
SUMMARY AND RECOMMENDATION:
A. Summary
The project would allow the subdivision of the 13 acre site into five lots to allow four
additional residences. This proposal complies with the General Plan designation. Because
the proposal includes five or more parcels a PD zone is required per Town Code 29.40.255.
The applicant is requesting an underlying zoning designation of HR-2 Y2 to match the
adjacent Hillside Residential zoned properties. Through the required PD the applicant is
asking to allow exceptions in the following areas:
• Exceeding maximum depths of cut and fill ;
• Construction outside the LRDA;
• Roadway grades up to 20percent but for no distance more than 300 feet;
• Retaining walls up to six feet, but for no length greater than 50 feet;
• No sidewalks on the private street as would be required by the Town's Engineering
Standards; and
• Consideration of up to 25 feet height for homes on the ridgeline through future
Architecture and Site applications.
Planning Commission Staff Report -Page 9
15215 Shannon Road/PD-15-001
December 14 ,2016
With the exception of the items listed above, the project complies with Town Code, the
HDS&G, and the General Plan. The applicant has provided justification for the propos ed
exceptions in Exhibit 5 . A draft PD Ordinance has been prepared with performance
standards to require the project to adhere with the aforementioned requirements (Exhibit
I 0).
B . Recommendation
Based on the summary above, staff recommends the Commission take the following
actions to forward the Mitigated Negative Declaration and Planned Development
application to the Town Council with a recommendation for approval :
I. Make the required findings (see Exhibit 3);
2. Recommend that the Town Council adopt the Mitigated Negative Declaration and
Mitigation Monitoring and Reporting Program (Exhibits 1 and 8); and
3. Recommend that the Town Council adopt the Planned Development Ordinance
(Exhibit 1 0) and approve the project as proposed.
ALTERNATIVES:
Alternatively, if the Planning Commission has concerns with the project, it can:
1. Forward a recommendation of denial of the Planned Development Application to the
Town Council ; or
2. Forward a recommendation for approval of the Planned Development Appl ication with
modified performance standards to the Town Council; or
3 . Continue the matter to a date certain with specific direction.
Prepared by:
(_!Jennifer Armer, AICP
'\1l v As sociate Planner
JP:JA:cg
pproved by:
Joel Paulson, AICP
Community Development Director
cc: Fred Sahadi , 800 Pollard Rd , C36 , Los Gatos, CA 95032
HMH Engineers, 1570 Oakland Road, San Jose, CA 95131
N:\DEV\PC RE PO RTS\20 16\S hanno n 152 15. 12-14-16 .d ocx
15215 Shannon Road
0
0 0.125 0 .25
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EXIDBIT 2
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PLANNING COMMISSION-December 14, 2016
REQUIRED FINDINGS FOR:
15215 Shannon Road
Planned Development Application PD-15-001
Mitigated Negative Declaration ND-15-001
Requesting approval of a Planned Development to rezone a property pre-zoned HR-5
to HR -21fz :PD, subdivide one lot into five lots, construct four new single-family
homes, and remove large protected trees. APN 537-25-002.
PROPERTY OWNER/ APPLICANT: Fred Sahadi
FINDINGS:
CEQA :
• An Initial Study and Mitigated Negative Declaration were completed for the proposed
development. The Planning Commission recommends adoption of the Mitigated Negative
Declaration and Mitigation Monitoring and Reporting Program.
Required consistency with the Town's General Plan:
• That the proposed Zone Change is consistent with the General Plan and its Elements in that
the Planned Development overlay allows residential use consistent with the property's
zoning district.
Required compliance with Hillside Development Standards & Guidelines:
• The project is in compliance with the Hillside Development Standards and Guidelines with
the exception of cut and fill depths for future driveways, and cut and fill depths, retaining
wall height, and slope for the access roadway which have been determined to be
acceptable.
Compliance with Hillside Specific Plan:
• The project is in compliance with the Hillside Specific Plan in that the proposal is the
development of the lot for five a single family residences with associated site elements on
an existing parcel. The proposal is consistent with the development criteria included in the
plan .
Required consistency with Town's Housing Element:
• The project is consistent with the Town 's Housing Element and addresses the Town's
hou sing needs as identified in the Housing Element.
EXHIBIT 3
N :\DEV\F I N DIN GS\2016\SHAN NON 15215. DOCX
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TOWN OF LOS GATOS
110 East Main Street, Los Gatos, CA 95032 (408) 354-6874
SUMMARY OF DISCUSSION OF A REGULAR MEETING OF THE CONCEPTUAL
DEVELOPMENT ADVISORY COMMIT TEE OF THE TOWN OF LOS GATOS FOR
WEDNE SDAY, DEC E MBER 10, 2014 , HELD IN THE TOWN COUNCIL CHAMBERS , CIVIC
CENTER, I I 0 EAST MAIN STREET, LOS GATOS, CALIFORNIA .
The meeting was called to order at 4:30P.M .
AT TENDANCE
Members Present: Marcia Jensen, Barbara Spector, Margaret Smith, Joanne Talesfore
Absences: Kendra Burch
Staff Present: Laurel Prevetti, Assistant Town Manager/Community Development
Director
Applicant:
Joel Paulson, Planning Manager
Erwin Ordonez, Acting Planning Manager
Jennifer Savage, Senior Planner
Ray Hashimoto, Land Development Manager-HMH
David Wilson, Engineer -HMH
Fred Sahadi, Property Owner
ITEM l : 15215 Shannon Road
Conceptual Development Advisory Committee CD-14 -002
Requesting review of conceptual plans to rezone the property from HR-5 to HR-S :PD
and to subdivide one lot into five lots. APN 537-25-002 .
PROPERTY OWNER/APPLICANT: Fred N . Sahadi
PROJECT PLANNER : Jennifer Savage
Comments:
• Clarify if the proposed road is a cul-de-s ac, through-road, or shared driveway .
• Clarify the size of fire truck that the proposed cul-de-sac bulb would accommodate .
• Clarify if the proposed road would be maintained by a Homeowner's Associati on or the
Town.
• Confirm tha t mos t of the access road and portions of the driv eways are located outside of the
least restrictive development area (LRDA).
• Clarify if individual parcels would have easements .
• C larify if the propos al meets density requirements .
• C larify is Town codes, regulations , and/or guidelines permit the roadways to be built outside
the LRDA .
• C larify if the exi s ting ro adway (from Shannon R o ad) is outs id e of th e LRDA.
EXIDBIT 4
Conceptual Development Advisory Committee
December 10, 2014
Page 2 ·
•
•
•
•
•
•
•
•
Clarify if homeowners would be allowed access without a gate to the secondary access
roadway (from Shannon Road).
A void mistakes the Highlands development made .
Questionable if five parcels would be acceptable .
Five parcel s would be the maximum for this site .
Concerned about retaining walls, specifically the height, length , and impact on wildlife .
Concerned about the roadway and driveways outside ofLRDA.
Concerned about the appearance of the retaining walls .
Clarify if there would be walking and biking access for the residents .
• The proposal looks like it could work.
• The Planning Commission (PC) would look strictly at Hillside Development Standards and
Guidelines (HDSG).
• PC would not support too many exceptions .
• Carefully consider impacts to ridgelines.
• Consider the rare blue oaks and avoid development impacts to the blue oaks.
• The property is beautiful.
• The flatness of the property may be good tor development.
• The project will be reviewed very carefully against the HDSG.
• The deciding bodies would rely on staff input.
• The deciding bodies would look at grading, visibility, LRDA , number oflots, and retaining
walls.
• The project may accommodate five lots, may accommodate four lots.
• More open to the proposed number of lots on this devel opment as opposed to other
dev elopments.
• The Town is reviewing the Planned Development (PD) Ordinance and the original intent.
• Concerned about a PD.
• Considering the trees and views a PD may be appropriate in thi s case.
• Concerned about visibility from viewing platforms.
• The proposal appears to try to preserve trees.
• Would like to see accurate grading information.
• Appreciate the existing flat pads and locating the development there.
• Clarify if the proposed roadway being located outside of the LRDA is the best
configuration/location for a roadway.
• When an application is submitted, provide background information and justification for
proposed roadway.
• The proposal may work but consider issues raised by the Conceptual Development Advisory
Committee.
• Each home should come through the Architecture and Site application process individually.
Conceptual Development Advisory Committee
December 1 0, 2014
Page 3
ADJOURNMENT Meeting adjourned at 5:20p.m. The next regular meeting of the
Conceptual Development Advisory Committee is Wednesday, January 14.
2015 . This meeting has been cancelled, and the February meeting is
scheduled for Wednesday, February 11 , 2015 .
Prepared by:
oel Paulso n, Planning Manager
/cc: Planning Commission Chair
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November 15, 2016
Job No. 4130.50
Jennifer Armer
Associate Planner
Town of Los Gatos
110 E . Main Street
Los Gatos , CA 95030
Re : Proposed PO Zoning
15215 Shannon Road , Sahadi Property
five Single-family residential lots
Dear Jennifer:
---..-~--... --~ . ,..;: .... _, ~ .....
NOV 1 5 2016
TO WN OF LOS GATOS
PLANNING DIVISION
This letter is intended to provide supplemental and background information on the technical
aspects of the proposed Sahadi property subdivision . The proposed project is a five-lot
residential subdivision of a 13-acre parcel located at 15215 Shannon Road. See attached
EXHIBIT A . Each proposed residential lot is planned to allow one custom single-family
detached (SFD} residence . The existing SFD residence on the site will remain on its own lot.
Custom homes are proposed on each of the remaining four lots . Each custom home will be
submitted for review and approval with separate Architectural and Site applications at a later
date . A new shared private drive is proposed to provide access to each lot from Shady
Lane/Santella Drive while maintaining vehicular connectivity with the existing paved private
driveway to Shannon Road. The arena will remain within a common use easement for use by
each new lot owner. The Private drive, retaining walls, and utilities (public and private} will be
within appropriate easements on the lots and all shared private facilities, including the arena ,
will be ma intained by a new Home Owners Association .
I. EXISTING CONDITIONS
The existing 13-acre site is comprised of rolling hills and a relatively flat ridge line with
generous open areas. There are over 360 scattered oak trees throughout the site and
several existing structures that include:
• An occupied single-family dwelling unit
• A detached dwelling un it (guest cottage} located adjacent to the existing pool and deck
• A detached structure adjacent to the existing single-family house without a kitchen.
• Four sheds that are not fully enclosed and are scattered throughout the property
• One enclosed shed structure on the north side of the property
• A barn with stables on the north side of the property
• A breaking ring structure on the northwest side of the property
• A run -i n-shed that is located adjacent to the breaking ring
Site access is obtained from Shannon Road with a well-maintained , paved private driveway
located within an access easement on the adjacent undeveloped property to the south.
EXHIBIT 5
1570 Oakland Road 1 San Jose, California 95131 1 (408) 487-2200 I (408) 487-2222 F ax I www.HMHca .com
Page 2 of 9
II. PROJECT PROCESSING, ENTITLEMENT, AND APPROVALS
A. ANNEXATION AND ZONING
The project site is located within unincorporated Santa Clara County and is currently
zoned A-20s-d1. The Town of Los Gatos General Plan land use diagram designates the
site as HR-5 Prezone. The surrounding lands to the north, west, and southwest are
located within the Town of Los Gatos and are zoned Hillside Residential-2.5 (HR-2 .5);
the property to the east is in unincorporated Santa Clara County.
As shown on the attached EXHIBIT B, the project site is surrounded by adjacent
property already incorporated into the Town of Los Gatos. HMH has coordinated with
San Jose Water Company and West Valley Sanitation District and confirmed that both
agencies have the capacity to provide the flow capacity and services required for the
proposed annexation into the Town of Los Gatos .
Also shown in EXHIB IT B, adjacent surrounding zoning is HR-2.5 with lot sizes ranging
from just under 1.0 acre to 3.9 acres to the west, 1 .1 to 4.1 acres to the northwest at the
Highlands of Los Gatos subdivision, and larger residential and undeveloped lots to the
north , south and east. The proposed 2.59-acre lots are configured to meet the
requirement of HR-2.5 zoning for residential use and provides an appropriate lot size
transition from the smaller lots to the west to the larger lots to the east.
B. CONCEPTUAL DEVELOPMENT ADVISORY COMMITTEE
HMH began design services for the project in 2014. We coordinated and met with
agency staff including Town of Los Gatos planning and engineering division staff,
County of Santa Clara (Fire), San Jose Water Company, and West Valley Sanitation
District. After several design iterations , HMH has satisfied all preliminary comments
received and submitted an application to the Town for review by the Conceptual
Development Advisory Committee (CDAC). The project was discussed at the December
10, 2014 regular meeting .
A discussion item summary was provided after the meeting and we provided responses
to each item (see attached EXHIBIT C). The CDAC recommendations were
incorporated into a PO Zoning plan set which was submitted and further revised, working
to incorporate all Town staff and agency comments during 2015 and 2016. Through that
process , project design has been refined to a nearly construction-ready level.
C . INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION
The Town initiated the preparation of an Initial Study and Mitigated Negative Declaration
(MND) that was finalized in August 2016 and circulated for public comment. The
findings and reasons support the project as stated below (directly quoted from the MND
document):
Page 3 of9
"The Initial Study identified potentially significant effects on the environment.
However, the proposed project has been mitigated (see Mitigation Measures
below which avoid or mitigate the effects) to a point where the proposed project
will not have the p otential to significantly degrade the environment; will have no
significant impact on long-term environmental goals; will have no significant
cumulative effect upon the environment; and will not cause substantial adverse
effects on human beings, eith er directly or indirectly.
The following re asons will support these findings :
1. Identified adve rse impacts are proposed to be mitigated through
implementation of mitigation measures incorporated herein.
2. The proposed project is consistent with the adopted goals and policies of the
Los Gato s general Plan and the Los Gatos Municipal Code.
3 . Town staff independently reviewed the Initial Study, and this Mitigated
Negative Declaration reflects the independent judgement of the Town of Los
Gatos."
After Planning Commiss ion a nd Town Council approval of the proposed PO Zoning, a five-lot
Tentative Subdivision Map will be submitted for approval. After approval of the Tentative Map, a
Final Map will be submitted for approval and recordation to create five lots with the required
easements for common area, access, and utilities. Along with the Final Map, a grad ing, paving ,
and utility plan will be submitted for approval for the construction of the shared private drive and
utilities. Each home site will be processed later through separate Architectural and Site
development permit applications .
Ill. PROPOSED SITE DESIGN
The proposed five -lot subdivision includes a lot configured to maintain the existing single-family
home in place and provide four additional lots for new custom homes . The four new custom
homes are proposed to be evenly distributed throughout the site in areas with minimal grading
and impact to existing trees . Each lot will be 2 .59 acres, and all home sites will be within the
Least Restrictive Development Area (LRDA).
A. PROPOSED PRIVATE DRIVE
HMH performed preliminary design and coordinated with Town engineering staff and the
Santa Clara County Fire Department to obtain acceptance , indicating that the proposed
design meets both County Fire and Town of Los Gatos engineering standards for
general and emergency vehicle access . The project site topography includes a flat area
previously used as a horse arena surrounded by slopes that e xceed 30%. The slope
flattens at an intermediate ridge surrounded by dense trees . Several access road
alignments were considered, but, because of the topographic site constraints, all would
require an alignment that is outside of the LRDA over the sloped area of the site . The
proposed option provides an appropriate configuration with the least amount of
disturbance to site grade, natural drainage, existing trees , and adjacent properties . The
proposed access drive begins at th e terminus of Santella Drive, a public street with in the
Highlands of Los Gatos project, and will extend through the adjoining property w ith in a
40-foot wide private access easement (an easement grant deed has been recorded) and
-1-I M II-
Page 4 of 9
extend into the site and provide private access to each lot. The new private drive will end
with a cul-de-sac and a connection to the existing private access drive that will remain in
place as a secondary access to Shannon Road .
The proposed private drive has been designed to provide the most favorable opportunity
to save trees and minimize grading and retaining walls while maintaining an acceptable
design standard . In doing so, portions of the proposed road are as steep as 20%, but
only for two sections that are no more than 250' in length . In order to provide the best
opportunity to preserve the trees, roadway grade and location have been designed to
yield the greatest separation to tree trunks as possible , resulting in a retaining wall
heights of up to six feet. The plan currently shows the removal of 16 trees to build the
private drive . Half of those trees are identified in the arborist report to be in fair to poor
condition . With additional refinements in the roadway alignment, we may be able to
further reduce the tree removal requirement and will work toward that goal during the
preparation of construction documents.
We consider this proposed site access road to be the superior alignment that minimizes
impacts to the site while maintaining a compliant design standard .
B . EXISTING DRIVEWAY I SECONDARY ACCESS
The project includes utilizing the existing paved driveway to the site from Shannon Road
as a secondary access . The intent is to leave the driveway open , as it exists today,
without gates. With the use of this existing driveway and the new proposed private
access drive, enhanced connectivity is provided for the project site and further egress
opportunities are provided, beneficial for surrounding areas in the event of an
emergency .
The project was initially evaluated using this existing driveway fo r primary access. To
meet the required design standards, modifications would be required that involve
significant grade changes with excessive grading, pavement removal and replacement,
removal of large trees , grading on adjacent properties , formal vacation of an existing
access easement, acquisition of a new access easement, and fill within an existing
natural drainage channel. Because of the added complexity and potential impacts, we
determined that the existing driveway should remain as it is , used for secondary access.
C . GRADING
Grading is proposed for the construction of the new access road . The majority of the
grading involves cuts and fills of up to five feet with strategically placed retaining walls
along the outer edge of the roadway. The roadway alignment and use of retaining walls
are proposed to minimize the disturbed area and preserve trees. No pad grading is
proposed for the building sites ; each building site will be designed to minimize ground
disturbance and comply with the grading criteria established within the Hillside
Development Standards and Guidelines and this PO Zoning . After the shared private
drive is constructed , with separate A&S approvals, each home site will be graded to
construct a driveway and fin ish grade around the home .
Page 5 of 9
D. BUILDING SITES
No house designs have been prepared at this time; however, the vision for the
architecture is to follow a high level of design to fit the property. Each custom home site
will be submitted at a later time with separate Architectural and Site app lications that w ill
show the details of each site development and site-specific grading. The existing site
configuration provides a unique opportunity to create a hillside community with minimal
grading and tree impacts, making use of the naturally flat and open building sites that
already exist at the site .
IV. T REE IM PACTS
More than 360 existing and mature oak trees exist on the site. The four lots proposed for new
homes already have flat areas that are mostly free of existing trees . The site design makes use
of these natural building sites and the site access drive has been careful ly configured to
minimize impacts to existing trees. We have met with the Town Arborist to discuss potential
impacts to the existing trees along the proposed access drive alignment and evaluate design
options to minimize tree removal. Mitigation for tree removal w ill include on-site tree planting to
the greatest extent practical , filling in open area and providing additional perimeter screen ing .
As the final design progresses, we will continue to work cl osely with th e town arborist to refine
the design of the site and work to preserve as many trees as possible.
V. VI SIBILITY
The proposed access drive and lots are being established to provide bu il ding sites that will not
be more than 25% visible from the viewing platforms as stated in the Hillside Development
Standards and Guidelines. A visibility study has been completed for each viewing platform
utilizing Google Earth, modeled building masses, and actual photos. Elevation reference
markers (poles and netting held with height markings) were used to provide reference location
and elevation of proposed homes as photos were taken from areas around each viewing
platform and other areas around the valley floor . An existing dead pine tree stands along the
perimeter of proposed Lot 5 that provided a good reference point to the site; the top of it can be
seen from many areas around the valley. That proved to be very useful in establish ing height
and location of the proposed homes well below the tree lines as seen from the valley, as shown
in EXHIBIT D. To demonstrate site visibility, we have compiled a video that shows the site
modeling methodology, clearly shows the site lines from and around the viewing platforms, and
demonstrates how the proposed building locations are situated behind hills and existing tree
canopies. That video will be .presented at the hearing .
In Google Earth , home massing e lements were created as 3D models to analyze potential
visibility seen from the viewing platforms and surrounding areas. The homes were schematically
drawn with a section of 18 feet in height and another section of 25 feet in height. A "sight-line"
was drawn in Google Earth from each viewing platform to the top of the modeled home . By
inspection, these homes would not be visible from the viewing platforms as the "site lines"
clearly cut through e xi sting ground and existing trees on and off the site. The perimeter trees
that are screening the potential homes on the project site are not proposed to be removed .
Page 6 of 9
To further study the potential visual impacts, we performed additional visual inspections of the
site from many areas between the viewing platforms. Using the same reference poles , we
found no visibility of any of the proposed home sites in most locations . Depending on specific
home site design , a small portion of the home (less than 15%) may be visible at lot 1 from the
valley floor near Union Middle School. Another limited area of possible home views is from the
areas around Blossom Hill I Los Gatos Almaden Road, at a distance of about 1.6 miles from the
site (closer areas are obscured by an intervening hill). Current modeling shows no visibility , but
again , depending upon specific home site design, very small portions of the proposed homes at
Lots 4 and 5 may be visible from a great distance .
Of particular note, the building height of 18' or 25 ' for all lots did not change the visibility of the
home sites . Topographic and vegetation obstructions provide screening in excess of these
heights. Visibil ity from the viewing platforms and other areas will be further demonstrated in the
visibility analysis video to be presented at the hearing .
V I. UTILITIES
Preliminary design has been completed and coordinated with the Town engineering department
staff for water supply, sanitary sewer, and storm drainage for the proposed project.
A. DOMESTIC WATER
Two options for a water main extension within the proposed private drive for domestic
and fire water are shown on Sheet 14 of the PO Zoning package .
Option 1 shows the proposed waterline connecting to the existing waterline on the
adjacent property to the north . The new water main is proposed under the private drive
with water services clustered at the northwest corner of the property (where there is
adequate pressure). The main would extend up the private drive to a new fire hydrant.
Option 2 would connect to the existing water main at the tank site to the immediate
north . This water main would enter the site adjacent to the tank site and extend under or
adjacent to the existing paved arena access road to the same service location described
above . The main would then extend up the private drive to a new fire hydrant.
Another water service option is provided through four existing water service lines that
have been installed from the existing termination point of Santella Drive, through private
water line easements across Highlands Lot 14 and Land or Re . One of these services is
now in operation , providing service to the existing home and will most likely be used to
provide service to Lot 3 .
Air-gap tanks with booster pumps will be required to provide domestic water service to
each home . A storage tank will be provided at each home site to provide fire water
protection .
San Jose Water Company will provide water service to the project. See attached "Will
Serve" letter (EXHIBIT E).
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Page 7 of9
B. SANITARY SEWER
Sanitary sewer service will be provided by West Valley Sanitation District (WVSD). We
·have coordinated with Town engineering staff and WVSD staff to prepare our prel iminary
plan, which includes an on-site gravity system and a shared pump/force main that
connects to the WVSD main with a private (HOA maintained) force main at the Santella
Drive/Santella Court/Shady Lane intersection. Private easements for the force main
have already been secured from the adjacent property owners. A portion of the private
force main is proposed within the Santella Drive public right-of-way. WVSD has
performed a capacity analysis and has determined that their system has sufficient
capacity to provide service for the proposed project.
West Valley Sanitation District will provide sewer service for the project. See attached
"Will Serve" letter (EXH IBIT F).
C. STORM DRAIN
The site design for storm drainage introduces a passive methodology where no
stormwater is collected or concentrated into a manufactured storm drain facility. All site
stormwater will be collected into infiltration trenches strategically located onsite. All
roadways will have a cross-slope to allow water to flow across the surface. Tributary
drainage areas will not be altered by the development.
VII. STORM WATER QUALITY AND QUANTITY
The subject property is located in an area that is subject to hydromodification management
requirements as set forth in the C .3 Stormwater Handbook prepared by the SCVURPPP and the
Municipal Regional Permit.
Soil mapping prepared by the National Resource Conservation Service shows that the entirety
of the site is underlain by soils in the Zeppelin-Aiumrock complex . These soils are categorized in
Hydrologic Soil Group C, indicative of relatively low infiltration rates and correspondingly high
runoff potential. However, according to the geotechnical engineer, a fractured shale layer lies
beneath the surface soils with an infiltration rate that ranges from 0.67 to 1.35 inches/hour. To
fully comply with the requirements as set forth in the C.3 Stormwater Handbook, all treatment
control facilities at the site are designed to infiltrate required stormwater into the native soil. This
will be accomplished by constructing infiltration trenches scattered throughout the site. The
infiltration trenches are strategically located in areas where runoff will occur.
Hydromodification impacts and mitigation were assessed by Balance Hydrologies and
presented in a 161-page report dated October 28, 2016. Analysis was based on the Bay Area
Hydrology Model (BAHM), a tool for analyzing the potential hydrograph modification effects of
land development projects. Also , the minimum required trench volume was calculated using the
SCVURPPP Volume Sizing Criteria. These calculations were compared with the actual design
volume of the trenches provided by BAHM, and all of them are larger than the required volume.
The infiltration trenches contain drain rock that varies in depth. All of the trenches were modeled
and sized to infiltrate at a rate of 0 .67 inches/hour, a conservative rate provided by the
Page 8 of9
geotechnical engineer. In a large storm event, overflow of most trenches will sheet flow down
the slopes. For the trenches that are located at the back of the retaining wall , overflow will occur
through weep holes in the wall . Sheet 17 in the PO Zoning package shows the drainage areas
and the conceptual locations of all proposed infiltration trenches .
Stormwater mitigation facilities will be installed with the construction of the private drive as
needed to mitigate for the roadway . Additional mitigation w ill be designed and constructed with
each home site (shown only as a concept on the project plans at this time).
VIII. DEVELOPMENT DENSITY
The proposed project includes five lots with an area of 2.59 acres each over the 13-acre site.
With the proposed zoning of HR-2.5 , the minimum required lot size has been determined using
the Town methodology for determining the average slope and minimum lot area . At the time of
our CDAC meeting, we produced a preliminary calculation based upon the available aerial
topographic base map ·and determined that the site's average slope was about 24.1% and the
minimum lot size should be about 2 .5 acres. Since the CDAC meeting of December 10, 2014,
HMH has performed a field topographic survey to locate existing trees and obtain spot
elevations to field-check the elevations shown on the topographic base map (since the existing
map was compiled by photogrammetric methods, an accuracy of one-half the contour interval is
expected-one foot in this ca·se). It also must be noted that much of the site ground surface is
obscured from view under a dense tree canopy, requiring guess-work when producing the
contour map -this can lead to expected errors of several feet in those locations. As expected,
we found the topographic base map elevations to be within a foot or less of our obtained spot
elevations over the open areas of the site. However, in the steeper, heavily wooded areas of
the site we found elevation differences of several feet. Using our obtained spot elevations, we
adjusted the contours on the base map to fit the elevations determined by field survey. The
updated topographic base was used as a basis for computing the required minimum lot size. As
shown on the development density calculation included on the PD Zoning plan set, we added
the minimum lot size resulting from the average slope for site areas less than 50% to the
minimum lot size resulting from the site areas greater than 50%. This analysis demonstrated
that the provided lot size of 2.59 acres meets the minimum required lot size, supporting the five-
lot proposa l.
IX. PD ZONING STANDARDS
With our application for the project, we intend to meet the governing standards for development
with the following exceptions:
1. The proposed private dive will be constructed as required to provide site access. A
portion of the private roadway with associated grading, paving, walls and utilities will be
constructed outside of the LRDA.
2 . Grading cut and fill depths may extend up to six feet in depth along the outer edges of
the private drive and a portion of the private drive near the cul-de-sac as shown on sheet
11 of the PD Zoning plan set.
--1-IM I i--
..
Page 9 of 9
3 . Building sites will be located along the intermediate ridgeline on the site. Future building
heights may be considered up to 25 ' if shown to min i mize site impacts and not exceed
the building visibility standard of 25%.
4. Roadway grades will not exceed 20% over a continuous distance of 300' maximum.
Adjoining sections of roadway in excess of 15% will be separated by at least 1 00'.
5. Retaining walls along the private drive will not exceed six feet in retaining height. Walls
longer than 50' in length will be staggered to break up the appea rance of a single, long
wall.
6. Individual lot Architectural & Site applications may be approved by the Town's
Development Review Committee with conformance to these standards.
We appreciate your consideration of our project proposal. Please let us know if you have any
questions or require any additional information .
Sincerely,
HMH
David Wilson, P.E.
LANDS OF SAHADI
HMH#41 30.50 I Drawn : JC I Revi ewer: OW I N.T.S.I Date : 11 .02.16
\ \
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LOT 3 "" '\'\
EXHIBIT 'A'
LOT CONFIG U RATION
PLOTTED: 11 /4/201 6 2 :32 PM S :\PROJ ECT S\41 3050\PL\EX HIBITS\201 6 11 02 41 30 50 GOOGLE EARTH OVER LA Y .DWG
LEGEND
LOCATION OF P ROPOSED
PRIVATE ROAD
1570 Oakland Road (408 ) 487-2200
San Jose, CA 95131 H MHca.com
HR.Z1i2
LANDS OF SA HAD I
HMH#41 30.50 I Drawn: JC I Reviewer: OW I N.T.S.I Date: 11.02.16
PLOTTED: 11 /4/2016 1:55 PM S:\PROJECTS \413050\PL\EXHIBITS \20 1611 02 413050 ZON IN G MAP EXHIBIT B.DWG
EXHIBIT 'B'
ZONING MAP
I ___ ___! HR..Z 11Z
HR:"'Z1/2
LEGEND
HR-2 1/2 ZONE
1570 Oakland Road (408) 487-2200
San J ose, CA 95131 HMH ca .com
EXHIBIT C
CDAC Comments and Responses:
o Clari fy if the proposed road is a cu l-de-sac, through-road, or shar ed driveway.
The new road is an extension of Santella Drive. Within the already dedicated Town right-of
way, this will be a public street. As it extends onto the adjacent property, it becomes a
private shared drive for use by both the Sahadi property and the Greenridge Terrace
property. On the Sahadi property, the private shared drive terminates in a cul-de-sac. A
secondary access will remain that connects to Shannon Road using the existing driveway.
The location and diameter of the cul-de-sac has been reviewed by the Town of Los Gatos
and the Santa Clara County Fire Marshall, and the applicant believes that both the size and
location ofthe turnaround is acceptable to both the Town and the County.
• C larify the size of fire truck that the proposed cul-de -sac bulb would accommodate.
The bulb, or cul-de-sac, is designed to meet the County of Santa Clara standards and has
been preliminarily reviewed by the Santa Clara County Fire Marshall. So, it seems
reasonable to assume that the cul-de-sac would accommodate fire trucks and other
emergency vehicles.
• Clarify if the proposed road would be maintained by a Homeowner's Association or the
Town.
The Town would maintain the extension of the road within the existing public right-of-way.
The remaining private road will be privately maintained through a Homeowner's
Association. The Homeowner's Association would be responsible for the repair,
maintenance and replacement of any portion of the private driveway that would serve this
site. Monthly Homeowner's Association dues will be paid by the homeowners and funding
reserves will be set up for any repair, maintenance and replacement needed to keep the
private road in good repair and aesthetica1Iy attractive.
ta Confirm that most of the access road and portions of the driveways are located outside of the
least restrictive development area (LRDA).
The shared access road and/or private roadway, including individual driveways, cross areas
that are outside of the LRDA. The site topographic constraints do not provide much option
in the configuration of the access road. However, that is not to suggest that the lack of
options result in a compromised roadway. Avoiding trees is a primary concern for us.
• Clarify if individual parcels would have easements.
Easements will be provided to allow for vehicular access and utility connections for each lot
and use of the shared equestrian facilities.
• Clarify if the proposal meets density requirements.
At the outset, we utilized the Town of Los Gatos Slope Density Calculations, and the site's
average slope of about 28.2%. That preliminary analysis indicated that the lots should be
configured to average about 2.8 acres in size. Our proposed project includes five lots that
average 2.635 acres in size. We believe that these proposed lots fit in naturally with the
existing site topography and provide consistency with the surrounding land use and adjacent
residential lot sizes. Beginning in 2000, over 56 tons of poison oak material was removed
and the re-building of the site in its entirety as a result of the deferred maintenance was
commenced. The zoning requirement and the recalculated slope density calculation yield for
Conceptual Development Advisory Committee
December 10 ,2014
Page 2
minimum lot sizes is 2.73 acres, well less than the 2.8-acre blended average initially
represented. It should be noted that the proposed development is configured to minimize
grading and land disturbances by situating building sites within Oat areas of the site.
Grading profiles for each lot will be provided and the grading need is next to nothing.
While we have outlined the disparity at the outset for clarity, it is our belief that the disparity
is sigmficantly less and that the quality, image and identity of the lots and site in general
would not be different if the lots were a tad larger. It is our belief that the PD provision was
designed to allow for a bit of leeway to accommodate a better development and this
development may be a classical example of a constructive use of PD approval. This is a
better, more balanced development with five lots rather than four. The LRDA for each lot
would not change if the lots were larger.
• C larify is Town codes, regulations, a nd/or guidelines permit the roadways to be built outside
the LRDA.
We understand that consideration is given to provide access outside of the LRDA. This
determination seems to be within the province ofthe Town staff and the applicant believes
that we are not violating in any material way Town codes, regulations and/or guidelines.
• C lari fy if the exi sting roadway (from Shannon Road) is outside of the LRDA.
The right of way from Shannon Road up to the site is 20-feet wide. It has recently (within
the last year) been re-graded, re-base rocked and repaved starting at Shannon Road and
traversing the entire property down to the area immediately adjacent to the arena and
breaking ring. The grade on the road for the most part is 15% or less with a small portion of
the road exceeding that grade. The newly re-built road is bordered on each side by 2 x 6
pressure treated material or 2 x 6 redwood material so that the road is finished and flush with
the perimeter header boards. The existing topography of the new roadway and existing
roadway are both outside of the LRDA.
• C larify if homeowner s wou ld be a llowe d access without a gate to th e secondary acces s
roadway (from Shannon Road).
No gate exists and no gate is proposed that would preclude ingress or egress from and to
Shannon Road.
• A voi d mi stakes the Highlands development made.
We have met with Town planning and engineering staff to discuss the design option
available to us to best meet the combined interests of the property owner and Town. No
specific "mistakes" were described other than the quality of construction causing excessive
reconstruction later. That will be avoided.
• Questionable if fi ve parcels would b e acceptable .
The site naturally lends itself to 5, 2.6+ acre parcels in balance and in symmetry with the
land. The 5 building sites are mostly devoid of trees and no grading of consequence is
needed and/or required. To justify the investment in water service, sanitary sewer service,
roads and particularly access from Santella Drive, 5 lots are needed to insure the very highest
Conceptua l D evelopment Advisory Co mmittee
December 10 , 2014
Page 3
quality, image and identity for this development. We believe 5 lots are best suited for this
site.
~ Fi ve p<:rce ls wou ld b e the maximum for thi s site.
Acknowledged. In this regard, more than 5 parcels would be totally inappropriate due to the
lay of the land and the 5 natural building sites that now exist. These lots are nicely balanced
and about the same size.
• Concerned about retaining walls, specifically the height, length, and impact on wildlife.
Retaining wall location and height will be coordinated with design options to accommodate
grade and tree preservation. The retaining walls here are no different than The Highlands
and the materials used for the retaining walls will be equal to The Highlands, or better. The
design criteria for the overall development, including but not limited to the retaining walls,
will be to project the same type of quality, image and identity as The Highlands.
• Concerned about the roadway and driveways outside ofLRDA.
Acknowledged.
• Concerned about the appearance of the retaining walls.
The intent is to match the appearance at The Highlands ofLos Gatos project. We are open to
alternatives, if preferred by the Town.
o Clarify if there would be walking and biking access for the residents.
We are not proposing separate trails other than the access roads that already exist on the
property, plus the new private roadway built to provide access to the site and each lot. These
can accommodate walking, biking and equestrian uses.
• The proposal looks like it could work.
Acknowledged.
• The Planning Commission (PC) would look strictly at Hillside Development Standards and
Guidelines (HDSG).
The design conforms to the HDSG to the greatest extent possible. We have spent an
enormous amount of time and energy to conform to the HDSG. It is the unique lay ofthe
land that provides the conformity. However, exceptions may be shown to yield favorable
results, such as additional tree preservation with the use of higher walls.
• PC would not support too many exceptions.
Acknowledged.
o Carefully consider impacts to ridgelines.
The site is relatively isolated with a heavy concentration of mature trees encompassing the
perimeter of all lots . The location oflots and the height of the ridge line on which the lots are
Conceptua l Development Advisory Committee
December 10 , 2014
Page4
located make it impossible for any of the 5 lots to impact ridgeline s . Ridge! inc vtsibility will
be carefully considered m the design of each specific home s ite.
• Consider the rare b lue oa ks and avoid deve lo pment impacts to the blue oaks.
Agreed.
• The property is beautiful.
Agreed .
• The flatness of the property may be good for development.
Agreed.
• The project will be reviewed very carefull y against the HDSG.
Agreed.
Please incorporate our response to the bullet point set out above that provides, "The Planning
Commission (PC) would look strictly at Hillside Development Standards and Guidelines
(HDSG).
• The deciding bodies would rely on staff input.
Acknowledged.
• The deciding bodies would look at grading, visibility, LRDA, number oflots, and r etaining
walls.
Acknowledged.
As indicated above, it appears that grading and visibility are non issues .
• The project may accommodate fiv e lots, may accommodate four lots.
Acknowledged.
• More open to the proposed number of lots on this development as opposed to other
developments.
Acknowledged.
As indicated above, this site is nicely balanced with 5 natural building lots that have existed
since time immemorial. The lots are particularly nourished by the unique common areas,
such as the arena and existing equine facilities that complement each other. The arena can
and will be used for a variety of recreational activities, including but not limited to
equestrian uses , sports such as football (touch and flag) soccer, volleyball and any number of
communal activities that require a relatively large, flat, open space.
$ The Town is reviewing th e Planned D eve lopment (PD) Ordinance and the original intent.
We are critically aware of the Planned Development (PD) Ordinance analysis that is going
on within the Town process . We have read carefully all of the minutes of every public
hearing relating to the Planned Development Ordinance concerns. We think that this
development is a classical example of selective use of Planned Development Approval since
Conceptual Development Advisory Committee
December 10 , 2014
Page 5
it will be a be tter project for th e T o w n a nd homeowners with a bit o f fle x ibility bred into th e
process . This is a site offby itself, isolated to some extent from the rest of the Town and as
s uch does not seem to result in an abuse of Planned Development Approval.
o Con cerned about a PD.
Acknowledged.
• Con side ring the trees and v iews a PD may be appropriate in this case.
Acknow !edged.
• Conc erned about visibi lity from vi ewing platforms.
As set out above, visibility from viewing platforms is virtually non-existent as a result of
what nature has provided.
• The proposal appears to try to preserve trees.
We have carefully considered and pursued tree pr eservation. While there are well over 350
mature trees on the property, each one is a treasure and we have tried hard to save every one.
• Would like to see accurate grading information.
But for the new access road , grading is a re lative non-issue. The applicant will provide lot
and road profiles and all other normal and usual grading information needed with our
application to the Planning Commission. Additional grading and tree details will be
provided with the zoning appli cation.
• Appreciate th e existing fl at pads and locatin g the development th ere.
Acknowledged.
• C larify if the proposed roadway being located outside of th e LRDA is the best
configuratio n/loc ation for a roadway.
Alternate roadway designs were considered and a preliminary design has been developed.
Utilization of the original roadway resulted in excessive roadway reconstruction and grading
within steep slope areas and fill within an existing drainage channel. Additional land rights
would also be required for roadway realignment (the existing roadway is within an acce ss
easement on adjacent properties.) It is far less effective and efficient than the new roadway
from Santella Drive .
• Wh en an app li cation is submitted, provide background information and justi fication for
proposed roadway.
That will be provided.
• The proposal may work but conside r issues raised b y the Conceptual Development Advisory
Co mmittee.
A greed .
Conceptual Development Advisory Committee
December 10 , 2014
Page 6
As this communication is evidence, we have attempted to consider every issue raised by the
CDAC.
~ Each home s hou ld come through th e Arc hitecture and Site app lic ation process individually.
Acknowledged.
VIEWING PLATFORM-SELINDA DR@ ALMADEN ROAD
ETREE
USED AS VISUAL
REFERENCE . TREE
HEIGHT IS ±60'
APPROXIMATE
HOUSE LOCATION
LOT 5 WITH NO VEGETATION SHOWN
NOTE: WITH EXI
DEAD PINE TREE
USED AS VISUAL
REFERENCE
NOT BE VISIBLE FROM SELINDA DRIVE AND
ALMADEN ROAD VIEWING PLATFORM
LOT 5 WITH VEGETATION SHOWN
LANDS OF SAHADI
HMH#4130 .50 I Drawn : JC I Reviewer: DW I N.T.S .I Date : 11 .02 .16
PLOTTED : 11 /4/2016 2 :52PM S:\PROJ ECTS\41 3050\PL\EXHIBITS\20 16 1102 41 3050 VISIBILITY EXHI BIT D .DWG
LOS GATOS ALMADEN ROAD I LOS GATOS BOULEVARD
EXHIBIT 'D'
VISUAL ANALYSIS
DEAD ETA
USED AS VISUAL
REFERENCE. TREE
HE IGHT IS ±60'
APPROXIMATE
HOUSE LOCATION
-25'
LOT 5 WITH NO VEGETATION SHOWN
DEAD PINE TREE
USED AS VISUAL
REFERENCE
NOTE : WITH EXISTING ATI
NOT BE VISIBLE FROM LOS GATOS ALMADEN ROAD I
LOS GATOS BOULEVARD
LOT 5 WITH VEGETATION SHOWN
1570 Oakland Road (408 ) 487-2200
San Jose , CA 95131 HMHca .com
San .Jose
Water
Company
i 10 W. Taylor Street
San Jose, CA 95110-2131
Fred Sahadi
800 Pollard Road. C-36
Los Gat os, CA 95032
EXHIBIT E
? .. ...
May 23 _ 20 14
REFE RENCE: Proposed 5 Lot S ubdi v is ion
15215 Shannon Road. Los Gat os
APN 537-25-002
Dear Mr. Sahadi:
San Jose Water Company
Water Serv~ces A dmm1strat1on
1265 S Bascom Ave .. San Jose CA 95128
Facsimile · 408 -279-7889
Writer's Direct Di al 408-2 79-7874
The above-referenced site is within the jurisdiction of the San Jose Water
Compa ny. Please be infom1ed that we will serve further development of the property in
accordance with our rule s and regulations in effect and on fil e w ith t he Cal iforni a P ublic
U tiliti es Commi ssion.
L k?._-A~
JAMES R . BAR JTEA U
Senior Water Services Re presentative
JRB:bc t
152 15 Shanno n Road (Sah adi).doc
Letter e-ma i1 ed and mailed to: Pedcr Jorgen sen w 1Schaaf & Whee ler
September II , 2015
Trang TuNguyen, P.E.
HMH Engineers
1570 Oakland Road
San Jose, CA 95131
EXHIBIT F
Re: 15215 Shannon Road, Los Gatos (5 SFD Lot Subdivision)-Will Serve
Dear Ms. TuNugyen:
This letter will serve as the West Valley Sanitation District's (District) "WILL SERVE" for the
proposed 5 single family home development lot subdivision located at 15215 Shannon Road. in
unincorporated Los Gatos.
It is the District understanding , the Town of Los Gatos is planning annexation of the proposed
development and annexation into the District will occur simultaneously. This will serve letter
shall be contingent upon successfully completion of the annexation process . The existing public
sewer adjacent to the development includes the 6-inch sewer and manhole located at the
intersection of Santella Court and Santella Drive as shown in the attached map. Connection to
this public sewer shall be made through a private sanitary sewer system. A copy of all private
sanitary sewer easements and maintenance agreements shall be provided to the District prior to
recordation of the Final Map.
Pursuant to District Ordinance Code Section I 0.130 , the owner is required to pay all applicable
fees prior to the recordation of the Final Map. The District will issue a clearance letter for the
recording of the Final Map after the fees are paid.
Please contact me at ( 408) 385-3030 or akam@westvalleysan.org if you have any questions
regarding this mater.
Alan Kam
Senior Civil Engineer
A ttachmen t
c : Mike Wl!isz -Town of Los Gatos
West Valley Sanitation District of Santa Clara County
Serving: City of Campbell, Town of Los Gatos, City of Monte Sereno, City of Saratoga & Unincorporated Areas
100 East Sunnyoaks Avenue, Campbell, CA 95008-6608 tel408.378.2407 fax 408.364.1821 www.westvalleysan.org
0
15215 Shannon Road -
Prop osed 5 SFD Lot Subdivision
Current WVSD
Border
Jennifer Armer
From:
Sent:
To:
Subject:
Jennifer,
Molseed, Roy <Roy.Molseed @V TA.ORG >
Tuesday, August 23, 2016 9:54AM
Jennifer Armer
15215 Shannon Road
VTA has no comments on the Initial Study for the above project. Thanks.
Roy Molseed
Senior Environmental Planner
VTA
(408) 321-5784
Roy.mo l seed@vta.org
1
EXHIBIT 7
Jennifer Armer
From:
Sent:
To:
Cc:
Subject:
Attachments:
Dear Jennifer,
Lee, Darrin < Darrin.Lee@cep.sccgov.org>
Tuesday, August 30, 2016 3:59 PM
Jennifer Armer
Wien, Martha
Comments Regarding Draft Initial Study/ Mitigated Negative Declaration to the
proposed 15215 Shannon Rd (subd ivis ion)
Shannon Rd Sub .docx
Please find attached comments from the Department of Environmental Health.
Regards,
Darrin D. Lee, REHS, MSEM
Senior Environmental Health Specialist
County of Santa Clara
Department of Environmental Health
Consumer Protection Division
1555 Berger Drive, Suite 300, San Jose, CA 95112-2716
Phone: (408) 918-3435 Fax : (408) 258-5891
darrin.lee@deh.sccgov.org
www.ehinfo.org
NOTICE: This email message and/or its attachments may contain information that is confidential or restricted. It is intended only for the individuals
named as recipients in the message. If you are NOT an authorized recipient, you are prohibited from using, delivering, distributing, printing , copying, or
disclosing the message or content to others and must delete the message from your computer. If you have received this message in error, please notify
the sender by return email.
1
Comments regarding the initial study/mitigated negative declaration for the proposed 15215 Shannon
Road subdivision .
The Department of Environmental Health (DEH) contacted and confi rmed with representatives from
West Valley Sanitation District (WVSD) that the subject parcel has the abil ity to obtain sanitary sewer
service from the sanitation d istrict. San Jose Water Company confirmed it provides domesti c water to
15215 Shannon Road .
Although the subject property's domestic waste is being disposed of, via an onsite wastewater
treatment system (OWTS), DEH does not object to the proposed subdivision, provided the existing
property's OWTS is properly abandoned and connects to WVSD for sewage disposal , and approved by
the Local Agency Formation Commission (LAFCO) and other public agencie s.
For each ofthe proposed lots, sanitary sewer service and domestic wat er shall be obta ined by WVSD
and San Jose Water Company, respectively.
15215 Shannon Road
Response to Comments on Initial Study/Mitigated Negative Declaration
letter A-Santa Clara Valley Transportation Authority
A-1 The Town acknowledges and appreciates this comment. However, the comment is not
at variance with the content of the Draft Mitigated Negative Declaration (MND) and no
further response is required . This letter will be included in the administrative record as
part of the response to public comments and will be provided to the Town of Los Gatos
decision-making bodies for their review and consideration .
15215 Shannon Road
Response to Comments on Initial Study/Mitigated Negative Declaration
letter B-County of Santa Clara Department of Environmental Health
The Town concurs that the proposed project will be required to abandon the existing on site
wastewater treatment system and that LAFCO mu st approve the proposed annexation into the
West Valley Sanitation District. The initial study identified LAFCO anne xation approval as one of
the required approvals for the proposed project. Potential impacts on public utilities were
determined to be less than sign if icant .
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Intentionally
Left Blank
Jennifer Armer
From:
Sent:
To:
Subject:
Follow Up Flag:
Flag Status:
Dear Jennifer,
Josine <josine smits@msn .c om >
Sunday, December 04, 2016 7:35 PM
Jennifer Armer
PD-15 -00115215 Shannon Ro ad
Foll ow up
Flagged
My husband Dirk and I have been re sidents at 15280 Shannon Road in Los Gatos since 1986. We
have experienced first hand the problem s created by storm-water run-off due to new development and
paving in our watershed . We have brought these issues to the attention of the Planning Department every few
years since 1996.
Regarding the planned development application for 15215 Shannon Road , has a study been conducted on the
run-off impact of the proposed hard surfaces, up to a 100-year storm? Will any of the additional run-off be
channeled toward Shannon Road? If so, that would inevitably lead to erosion and flooding of our property and
specifically of our 100 year old redwood barn.
Such high density hill-s ide development will also aggravate the traffic situation on Shannon. Shannon Road is a
popular route for bicycli st s but it ha s become very dangerous due to the endless stream of cars. Has a traffic
impact study been conducted? It is a residential street, but lately I am afraid to cross the street to pick up my
m ai l.
How will the views be affected, as see n from our hillside, by the new con struction and by the proposal to cut
down ancient and protected trees? How many heritage oaks are left in the hill s of Los Gatos? I have seen a
nesting pair of kites in those trees along the ridge almost every spring season since we have lived here. There
are also owls and several species of hawks. Ha s an environmental impact study been conducted?
Thank you for your h elp,
Jo sine Smits
15280 Shannon Ro ad
Los Gato s, CA 95032
EXHIBIT 9
1
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Intentionally
Left Blank
To : Planning Commission, meeting of 12/14/16
Re : 15215 Shannon Road, PD15 -001
From : Dave Weissman , 12/8/16
I have comments on several areas of this application
R.ECEIVED
DEC 8-2016
TOWN OF LOS GATOS
PLANNING DIVISI ON
A. This 13-acre property, located in the unincorporated area of Santa Clara County, is presently
zoned A-20s-d1 (not HR-5, as indicated on almost all staff and applicant paperwork), according
to Santa Clara County Senior Planner Robert Salisbury. As such the minimum lot size is 20 acres,
and the present lot is classified as a "substandard" County lot that cannot be subdivided. The
Town has apparently pre-zoned this property as HR-5, which would permit a 2-lot subdivision
upon annexation, or double what the applicant was capable of if the property were to remain in
the County . This pre-zoning has been in place for many years, and was, at least, in place before
the 1989 Blossom Hill Open Space Study. Now the applicant wants to rezone the property to
HR-2 .5, yielding a possible 5 lots or five times what he was able to do in the County. This is a
major step backward in our hillside protection at a time when most citizens want increased
protection and less development in the hillsides. Additionally, this 13-acre property is
surrounded to the NE, E, and S by other properties zoned HR-5 and RC and some properties to
the near south are zoned HR-20. This initial 20 -acre minimum zoning reflected the County's
desire to protect its open spaces-in fact, the "A" in the current County zoning classification
designates this as "Exclusive Agriculture" (Santa Clara County Zoning Ordinance, Chapter
2.20.010. A).
The applicant's proposed rezoning is an abuse of the annexation process and should be denied .
Keeping the zoning HR-5, given that only two logical and obvious building sites (Lots 2 and 5)
occur on the property, is appropriate for the rural character of this hillside area . Additionally,
the HDS&G are very clear as to the purpose and intent ofthe PD designation (page 56}:
"The intent is to significantly reduce the amount of grading, roads , and other alterations to the existing
env ironment, to minimize the visual impact of the development, and to retain the maximum amount of
continuous open space in its natural state ."
Elsewhere (page 10), the HDS&G also warn that:
"Site characteristics and constraints along with the implementation of the HDS&G may not allow a
specific site to achieve the maximum density or intensity otherwise permitted by the Zoning Ordinance ."
There is no clustering of the proposed 4 new houses and, thus, no justification for a PD. If one
new house was built on Lot 5, and the house on Lot 2 retained, then the 5 requested exceptions
to the HDS&G could be reduced to 2 exceptions (development on ridgeline and road grades).
There would not be necessary exceptions for development outside the LRDA, excessive grading,
and too tall retaining walls. Plus, dozens of native trees would be saved.
With the addition of only one new home, the present 20-foot-wide access easement off of
Shannon Road could also be utilized, instead of the new 20-foot-wide private road that would
1
have to be constructed to connect to a Santella Drive extension. Both road alternatives present
problems but using the present road might save over a dozen trees, according to the Consulting
Arborist's report. Additionally, heavy construction equipment would not need to use Shady
Lane through the Highlands project, which is important since thi s private road has not yet been
accepted by the Town. I suspect the Highlands' Homeowner's A ss ociation would have
something to say about their road being torn up by another 2+ years of construction
equipment, and subsequent traffic, especially given the already precarious condition of Shady
Lane's recently refurbished surface, which is already showing much wear and cracking. And this
wear and tear consideration doesn't even consider the upcoming A&S for the Greenridge
Terrace subdivision, which proposes an additional 8 new houses using the roads through the
Highlands for all ingress and egress, including all construction activitie s. The citizens of Los
Gatos should not have to pay for road upkeep for such hillside developments -these roads
should remain private. What advantage would the Town have in making them public? It is
simply too expensive and detracts needed monies from more pre ssing issues within the Town,
including more and better paid staff so that the Town retains their services and they don 't leave
for more profitable, private sector jobs. Limiting this application to 2 houses and the use of
already existing, public Shannon Road , i s a win for the Town 's finances and the environment.
B. But even if you accept the HR-2.5, there are still problems with this proposal. The applicant's
visibility analysis is inadequate and outdated . This PC held 3 meetings in 2015 on revising the
Hill side Visibility Methodology, the last meeting occurring on 12/2/2015 (yes , more than 1 year
ago!). The TC, at their 2/2/16 meeting, subsequently se nt staff's proposed revi sions, based on
the PC's recommendations, back to staff for another rewrite. While staff ha s not yet come
forward with its next iteration, certain iss ues were agreed to by the PC, staff, and apparently,
the TC. The se iss ues include (1) Existing vegetation propose d to be removed entirely or partially
shall not be included in the view analysis; (2) Trees with a "poor" or "fair/poor" rating, by the
consulting arborist, would not be counted as providing screeni ng; and (3} Other viewing
platforms, as deemed appropriate, should be evaluated in addition to the 4 specific viewing
platform s li sted in the HDS&G .
These first two above consensus decisions have not been applied to the viewing analysis
pre sen ted by the applicant, and the PC should not have to reconsider these Methodology issues
again (I think that 8 hours of PC discu ss ion during 3 meetings in 2015 was sufficient). Ye s, I do
appreciate that this application is only for a revised zoning and not the A&S, but the two
aspects are inexorably linked with one another and the applicant is proposing specific pad
location s without telling us which trees will remain and which are to be removed. Should this
subdivision be. approved, then the applicant is entitled to eventually build 4 new houses. Your
decision tonight should be based on accurate and complete information.
The perils of not havin g complete information is illustrated by the propose d hou se for Lot 1.
The tree sc hematic prese nted with thi s application only highlights, in yellow, the 16 trees
probably affected by the new road construction. Not di sc us sed are tho se 18 trees just on Lot 1
at risk from construction . If we compare the proposed pad location with the Consulting
Arborist's tree report, a disturbing picture emerges. Specifically, there appear to be 9 live oaks
2
(trees # 12, 13, 15, 16, 29 , 34, 42, 168, 169} that would be removed by the house construction
plu s another 4 oaks (trees #1, 5, 7 , SO) that would be affected by the driveway and turnaround.
But p e rhaps most importantly are the 5 live oaks (trees# 8 , 9, 10, 11, 14) to the north that are
clo s e to the pad and provide screening from the valley floor . Four of these trees are rated as
"fair " and one is rated "poor ." From the start, the "poor" tree should not be counted a s
providin g screening based on prior PC decisions . But , based upon ongoing experiences with
how poorly even "fair" trees in the adjacent Highlands are negatively (and s ometimes fatally)
affected by adjacent construction activities , it is clear that these 4 "fair " trees are at e xtreme
ri s k of dying from nearby construction activities. Plus, the Consulting Arborist says of "fair "
trees that she does " ... not recommend going through too much trouble to retain th e m because
thes e "so-so" trees will require more intensive management and monitoring and may also have
s horter life spans than trees in the "good " category." Yet they are conside red as providing
s creening in the pres ented vi s ibility analysi s .
Addressing item (2) above, only 28 % of the "rel e vant" trees (i.e. those trees near proposed
con struction and roadways) on the 13 acres are in "good" or "fair/good " shape. Some 44% of
the evaluated trees are in "fair " shape. That leaves 47 tree s, or 28%, in "poor" or "fair/poor"
condition, and not countable as providing screening. But the appl icant has not analyzed where
these trees are and how the ir removals from screening considerations would affect the visibility
of the four propos ed, probably 2 story (as related to me by HMH Engineer, David Wilson)
houses . It is po ssible that after removing at ri s k trees from screening calculation s, the proposed
building pads should be moved elsewhere and, perhaps, even lot lines should be adjusted . But
who knows at this time since the informat ion is incomplete?
Additionally, the Town's Consulting Arborist has said that she is not able to accurately evaluate
many tree impacts because the Grading Plan scale is 1 :50, many trees are mis s ing on the plans,
and the plans are confusing in many places . Ms. E lli s says tha t s h e " ... requires m o re de t a il ed
pl a ns a t a la rger scale (e.g. 1:1 0 or 1 :2 0) in order to m ore accura t el y estim at e construc ti o n
impacts to th e t rees."
C. T hi s s ite was on ce eco logicall y d iver se as seen by the arbo r ist's d ocumentatio n of 4 s peci es o f
n ati ve oaks o n s ite . I say "was on ce d iverse" becau se the applicant admi ts, in "Comme nt s" to the
12110114 C DAC M eetin g, that, st artin g in 200 0, over 56 tons (my emphasis) of na t ive po i so n
oak m at erial w as rem oved fro m the si t e. T hi s m at erial would al so have in cl ud ed o ther
un der st o ry, n a tive s crub ve getati o n , and m ost impo rtantl y , sm a ll oak trees that would p rovide fo r
the n ex t generation . Su ch a p o i son oak-scrub under st ory a lso prevents erosio n a nd provid es foo d
and ho m es fo r m an y n ati ve animals . A d ynami c, h ealthy oak w o odl and, w ith trees of m a n y
d iffere nt ages, would a lso a ssist in continuing to scr een new cons truc ti on . Thi s si te is now fu ll of
agin g and over pruned oak trees w h ich will be d r am at ic all y , and n egati vel y, affect ed b y th e
prop osed construc ti o n b ecause t hey w ill h ave littl e ph ys io logical to leran ce fo r su ch disturba nces.
O ne o nl y ha s to look a t the a dj acent Hi ghl a nd s ' develo pm e nt to see the exte ns ive m orta lity, fro m
con s tru c ti o n , infl ic te d o n "fa ir" and "p oor" cond it io n oak trees , w hi c h compri se 72 % o f the
r ele va nt oak trees in thi s proposed devel opment. D u ring m y r ecent s ite v is it , at th e k in d
3
in vitatio n of Mr. Sahadi, I noted the continued, almost complete lack of any und erstory
vegetat ion in the oak woodland areas. In fact, there was a gentleman s prayi ng the gro und in the
area of the proposed house on Lot 1. This is not good stewardship ofhillside property.
D. The proposed house pads on Lots 1, 3, and 4 are all located within semi-dense, evergreen oak
forests. Any house built in these locations will be in deep shadows for much of the d ay,
especially in winter. I suspect that such conditions will incentivi ze the new home ow ne rs to take
poor care of their trees hoping that they will die and thus provide a sunnier resid e nce and b ett e r
views of the valley floor , especially for the house on Lot 1. We should always remember that the
HDS&G strive, as one overarching o bjective , to "Maintain the natural appearance of the hillsides
from all vantage points (my e mphas is) includin g the valley floor."
In conclusion, I request that yo u s upport the following:
I. Reject the proposed HR-2.5 PD s ubdivi sion and leave the property as HR-5 as th e Town
pre-zoned this parce l ma ny, many years ago. There is absolutely no benefi t to th e Town
to permit such an intensification of development. And to permit a change to HR-2.5 sets a
bad precedent for future development in this area. As development marches farther west
into the Santa Cruz Mountains, minimum parcel size should increase.
2. Designate the private dri veway off of Shannon Road as the preferred access for this
property, even if such means working with the adjacent neighbor Murphy fo r an
easem ent.
3. Approve the proposed pad for Lot 5. Given the minimal environmental impact, especia ll y
on the trees, I think it would be reaso nabl e to grant an excepti o n to the HDS&G for
development o n a ridgeline. Bes ides , this rid geline has no vis ibility from any va ll ey fl oor
location .
4. Although still a work in progress , require that those elements of th e Vi s ib ilit y
Methodology approved by the PC at their 12 /2/15 meeting be complied with. Should new
co nstructi on only b e permitted on Lot 5, thi s would then become a moot point.
5. Encourage th e property owner(s) to let these lands restore their own ecological balance,
v ital ity, and v iability b y ceasing to s pray und er oaks and permitting the n ati ve understory
vegetati on to grow ba ck. Of course, where fire protection is essential within 30-100 feet
of a r esiden ce, then selective clearing of vegetation is sa nction ed b y the HDS&G.
6. Keep Santella Road and that secti o n of Shady Lane within the Hi ghl ands ' proj ec t as
private roads. I suggest that the h omeowners in th e Hi ghlands development be polled and
asked the se specific questions: Are you aware that there are proposals currently before
4
the Town, for another 12 new residences to use Santella Road and Shady Lane as ingress
and egress for all construction and subsequent resident traffic? Are you aware that the
Town might not accept these two roads as public? If the latter occurs, then the Highlands '
HOA will be responsible for maintenance and upkeep costs of their own road s .
5
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ORDINANCE
Draft Ordinance : subject to
modification by Town Council
ba sed on
deliberations and direction
ORDINANCE OF THE TOWN OF LOS GATOS
AMENDING T H E TOWN CODE EFFECT I NG A ZONE CHANGE
FROM HR-5(PREZONE) TO HR-2 1/2:PD
FOR PROPERTY LOCATED AT
15215 SHANNON ROAD (APN: 537-25-002)
THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN AS FOLLOWS :
SECTION I
The Town Code of the Town of Lo s Gato s is hereby amended to change the zon i ng on
property at 15215 Shannon Road (Santa Clara County Assessor Parcel Number 537 -25-002) as
shown on the map attached hereto as Exhibit A, and is part of this Ordinance, from HR-5
(prezone) (Hillside Residential) to HR-2 Yl:PD (Hillside Residential, Planned Development).
SECTION II
The PD (Planned Development Overlay) zone establ is hed by thi s Ordinance authorizes
the following construction and use of improvements:
1. Con struction of four market rate single-family detached residences .
2 . Landscaping, private street, parking and other improvements shown and required on
the Official Development Plans.
3 . Uses permitted are those specified in the HR -2 1/2 (Hillside Residential) zone by
Sections 29.40.230 (Permitted Uses), as it ex ists at the time ofthe adoption of this
Ordinance, or as they may be amended in the future.
Page 1 of 31 EXHIBIT 1 '0
SECTION Ill
COMPLIANCE WITH OTHER DEVELOPMENT STANDARDS:
All provisions of the Town Code apply, except when the Official Development Plan
specifically shows otherwise.
SECTION IV
Annexation, a Tentative Subdivision Map, and Architecture and Site Approvals are
required before construction of subdivision improvements or new residences, whether or not a
permit is required for the work and before any permit for construction is issued . Construction
permits shall only be in a manner complying with Section 29.80.130 of the Town Code .
SECTION V
The attached Exhibit A (Map), and Exhibit B (Official Development Plans), are part of the
Official Development Plan . The followin g performance sta ndard s must be complied with
before issuance of any grading, or construction permits (mitigation measures are so noted and
are flagged with an asterisk):
TO THE SATISFACTION OF THE DIRECTOR OF COMMUN ITY DEVELOPMENT:
Planning Division
1. OFFICIAL DEVELOPMENT PLANS. The Officia l Development Plans provided are
conceptual in nature. Final building footprints and building designs shall be determined
during the Architecture and Site approval process.
2. TOWN INDEMNITY. Applicants are notified that Town Code Section 1.10.115 requires
that any app licant who receive s a permit or entitlement from the Town shall defend,
indemnify, and hold harmle ss the Town and its officials in any action brought by a third
party to overturn, set aside , or void the permit or entitlement. Thi s requirement i s a
condition of approval of all such permits and entitlements whether or not express ly set
forth in the approval, and may be secured to the satisfaction of the Town Attorney.
Page 2 of 31
3. ANNEXATION REQUIRED. An Annexation application shall be submitted prior to
approval of a Subdivision Map, and shall be approved by Town Council and LAFCO prior
to recordation of Parcel Map or applicat ion for grading or building permits.
4. SUBDIVISION REQUIRED . A Tentative Subdivision Map application shall be approved for
the project prior to the issuance of building permits . The Development Review
Committee may be the deciding body of the tentative map.
5 . ARCHITECTURE AND SITE APPROVAL REQUIRED . A separate Architecture and Site (A&S)
application and approval is requi r ed for each of the new re sidences. The Architecture
and Site applications may be reviewed by the Development Review Committee if the
proposed floor area is less than 5,000 square feet. Architectural details, including
fencing and a project entry sign, shall be refined as part of this process with input from
the Town's Consulting Architect. A full A&S submittal shall be provided .
6 . FINAL LANDSCAPE PLAN. A final landscape plan shall be reviewed by the Town's
Consulting Landscape Architect and approved as part of the Architecture and Site
proce ss. Minimum tree size at time of planting shall be 24-inch box.
7 . WATER CONSERVATION ORDINANCE REQUIREMENT . The proposed landscaping shall
meet the Town of Los Gatos Water Conservation Ordinance or the State Water Efficient
Landscape Ordinance, whichever is more restrictive. A review fee ba sed on the current
fee schedule adopted by the Town Council is requi r ed when working landscape and
irrigation plans are submitted for review prior to the issuance of a building permit.
8 . SETBACKS. The minimum setbacks are those specified by the HR-2 1/2 zoning district.
9 . OUTDOOR LIGHTING . All exterior building and outdoor lighting shall be shielded and
directed away from neighboring properties, to shine on the project site only. Lighting
shall be the minimum needed for pedestrian safety and security. Lighting specifications
shall be reviewed as part ofthe Architecture and Site process.
10. TREE PRESERVATION : All recommendat ions ofthe Town's Consulting Arborist shall be
followed . Refer to the report prepared by Deborah Ellis , dated June 15, 2015 for
additional details. The Town 's Arborist Consultant shall reevaluate the plans for the
new residences during Architecture and Site review.
Page 3 of 31
11. TREE REMOVAL PERMIT . A Tree Removal Permit shall be obtained for trees approved
for removal prior to the issuance of demolition permits.
12. REPLACEMENT TREES. New trees shall be planted to mitigate the loss of trees being
removed. The number of trees shall be determined using the canopy replacement table
in the Tree Protection Ordinance. New trees shall be double staked and shall be
planted prior to final inspection and issuance of occupancy permits.
13 . TREE FENCING. Protective tree fencing shall be placed at the drip line of existing trees
and shall remain through all phases of construction . Refer to the report prepared by
Deborah Ellis dated June 15, 2015 for requirements. Fencing shall be six foot high
cyclone attached to two-inch diameter steel posts drive 18 inches into the ground and
spaced no further than 10 feet apart . Include a tree protection fencing plan with the
construction plans.
14. FINAL UTILITY LOCATIONS. The applicant shall submit plans showing the final locations
and screening of all exterior utilities, including but not limited to, backflow preventers,
Fire Department connections, transformers, utility boxes and utility meters. Utility
devices shall be screened to the satisfaction of the Director of Community
Development. The plans shall be submitted for review and approval prior to issuance of
building permits for new construction.
15. PLAN INCONSISTENCY. Any inconsistencies between sheets shall be limited to
whichever is more restrictive .
16. GENERAL PROVISIONS. This Planned Development shall comply with provisions in Town
Code Sections 29.40.015 through 29.40 .070, and Article V, unless more restrictive
provisions are required in other performance standards for the subject Planned
Development.
17. BELOW MARKET PRICE (BMP) IN-LIEU FEE: A Below Market Price (BMP) in-lieu fee shall
be paid by the property owner/developer pursuant to Town Code Section 29.10.3025
and any applicable Town Resolutions. The fee amount shall be based upon the Town
Council fee resolution in effect at the time a final or vesting tentative map is approved.
18. DEVELOPMENT OUTSIDE PROPERTY LINES : Development shall take place within
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property lines unless written permission is obtained from neighboring property owners.
19 . AIR QUALITY MITIGATION MEASURE AIR -1 *: BAAQMD -Recommend Basic Con struction
Mitigation Measures. To lit;nit the project's construction-related du st and criteria
pollutant emissions, the following the Bay Area Air Quality Management Dist rict
(BAAQMD)-recommended Basic Construction Mitigation Measures shall be included in
the project's grading plan, building plans, and contract specifications:
a. All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas,
and unpaved access roads) shall be watered two times per day. Recycled water
should be used wherever feas ible.
b. All haul trucks transporting soil, sand, or other loose material off-site shall be
covered.
c. All visible mud or dirt track-out onto adjacent public roads shall be removed
using wet power vacuum street sweepers at least once per day . The use of dry
power sweeping is prohibited .
d. All vehicle speed s on unpaved road s shall be limited to 15 mph .
e. All roadways, driveways, and sidewalks to be paved shall be completed as soon
as possible.
f . Idlin g times shall be minimized either by shutting equipment off when not in use
or reducing the ma ximum idling time to five minutes (as required by th e
California airborne toxics control measure Title 13, Section 2485 of California
Code of Regulation s [CCR]). Clear signage shall be provided for construction
workers at all access points.
g. All con struction equipment shall be maintained and properly tuned in
accordance with manufacturer's specifications. All equipment shall be checked
by a certified mechanic and determined to be running in proper condition prior
to operation.
h. Post a publicly visible sign with the telephone number and person to co ntact at
the Town regarding dust complaints. Thi s person shall respond and take
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corrective action within 48 hours. The BAAQMD 's phone number shall al so be
visible to ensure compliance with applicable regulations.
20. BIOLOGICAL RESOURCES MITIGATION MEASURE BI0-1 *:Special-s tatus and Migratory
Bird Species . The following avoidance mea sures shall be required to avoid the project's
potential effects on Cooper's hawk, and other special-status and migratory bird species.
a. Raptor Nests . Prior to the removal or significant pruning of any trees, they shall
be inspected by a qualified biologist for the presence of raptor nests. Thi s is
required regardless of the season. If a suspected raptor nest is discovered, the
California Department of Fish and Wildlife (CDFW) shall be notified . Pursuant to
California Fish and Game Code (CFGC) Section 3503.5, raptor nests, whether or
not they are occupied, may not be removed until approval is granted by the
CDFW .
b. Tree Work Outside of Breeding Season. If clearing and grubbing and tree
removal or pruning are to be conducted outside of the breeding season (i.e.,
September 1 through January 31), no preconstruction surveys for nesting
migratory birds is necessary.
c. Tree Work During Breeding Season. If clearing and grubbing and tree removal or
pruning are to be conducted during the breeding season (i.e., February 1
through August 31), a preconstruction nesting bird survey shall be conducted.
The survey shall be performed by a qualified biologist no more than two weeks
prior to the initiation of work. Preconstruction surveys should include all tree s,
large shrubs, or other areas of potential nesting habitat within the construction
footprint or within 250 feet of the footprint . If no nesting or breeding activity is
ob se rved , work may proceed without restrictions. To the extent allowed by
access, all active nests identified within 76 m (250 feet) for raptors and 15 m (50
feet) for passerine s shall be mapped.
d. For any active nests detected near the construction limits (76 m [250 feet] for
raptors and 15m [SO feet] for passerine s), the qualified biologist shall make a
determination as to whether or not construction activities are likely to disrupt
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reproductive behavior. If it is determined that construction is unlikely to disrupt
breeding behavior, then construction may proceed. If it is determined that
construction may disrupt breeding, then a suitable construction-free buffer
should be established around all active nests where disruption of breeding may
occur. The precise dimension of the buffer (up to 250ft) would be determined
at that time and may vary for each nest depending on location, species,
topography, lines of site between the work area and the nest, physical barriers,
and the ambient level of human activity. The buffer areas should be enclosed
with temporary fencing, and construction equipment and workers should not
enter the enclosed setback areas. Buffers should remain in place for the
duration of the breeding season or until it has been confirmed by a qualified
biologist that all chicks have fledged and are independent of their parents.
e. If maintenance of a no-construction buffer zone is not feasible, the qualified
biologist shall monitor the nest(s) to document breeding and rearing behavior of
the adult birds. If it is determined that construction activities are likely to cause
nest abandonment, work shall cease immediately and the CDFW and/or the
United States Fish and Wildlife Service (USFWS) Division of Migratory Bird
Management shall be contacted for guidance. Work may not resume until an
agreement has been reached with the authorities specifying the conditions
under which work may proceed.
21 . BIOLOGICAL RESOURCES MITIGATION MEASURE BI0-2*: Special-status Bats . The
following avoidance measures shall be required to avoid the project's potential effects
on hoary bat or other special-status bat species.
a. A preconstruction survey shall be conducted by a qualified biologist to identify
suitable bat roosting sites . If no evidence of roosting is detected, no further
avoidance or minimization measures are necessary.
b. Any trees determined to support or potentially support maternal roosting sites
may only be removed or demolished under guidance and recommendations of
the bat biologist to avoid and minimize impacts and comply with the CDFG.
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Passive exclusion of roosting bats would be required and this may only be
performed during the non-breeding season (i.e., between September 15 and
March 1).
c. Any trees determined to provide suitable day or night roosting sites shall be
identified and marked on site plans. Such roosting sites include snags, rotten
stumps, and decadent trees with broken limbs, exfoliating bark, cavities,
openings leading to interior portions of any structures. If no suitable roost sites
or evidence of bat roosting are identified, impact minimization measures are not
warranted. If suitable roosting sites or evidence of bat roosting are identified,
the following measures shall be conducted:
i) A qualified biologist shall survey suitable roost sites immediately prior to the
removal or significant pruning of any of the larger trees, or demolition or
significant renovation of any structures.
ii) If the qualified biologist identifies suitable day or night roost sites or
evidence of bat occupation, the following steps shall be followed to
discourage use of the sites by bats and to ensure that any bats present are
able to safely relocate. For trees:
• Tree limbs smaller than 7 .6 em (3 in) in diameter shall be removed and
any loose bark shall be peeled away.
• Any competing limbs that provide shelter around the potential roost site
shall be removed to create as open of an area as possible.
• The tree shall then be left alone to allow any bats using the tree/snag to
find another roost during their nocturnal activity period .
• The qualified biologist shall survey the trees a second time 48 hours after
trimming.
• If no bats are present, work may proceed.
• If bats remain on the site, additional measures would be prescribed by
the biologist .
d. Pre-demolition bat surveys should be conducted to determine if bats are
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present in structures onsite. If no bats are observed to be roosting in structures
identified as potentially suitable habitat, then no further action is required, and
dismantling of the structures can proceed. However, if bats are found to be
roosting in structures on the site, the project proponents shall exclude bats prior
to dismantling any structures to ensure no harm or take would occur to any bats
as a result of demolition activities. Dismantling of structures should occur after
September 15 and before March 1 to avoid interfering with an active nursery. If
a non-breeding bat colony is found in the structures, the individuals should be
safely evicted under the direction of a qualified bat biologist through a "partial
dismantle" process, whereby the roosting area is opened to allow airflow
through and sunlight into the structure, making it unsuitable habitat and
undesirable for the bats to return to the site . Full dismantling should then follow
no later than the following day (i.e., there should be no less than one night
between initial disturbance for airflow and the demolition). This action should
allow bats to leave during the night, thus increasing their chances of finding new
roosts with a minimum of potential predation during daylight hours.
22 . BIOLOGICAL RESOURCES MITIGATION MEASURE BI0-3*: San Francisco Dusky-footed
Woodrat (SFDW). To ensure no take of SFDW occurs, the following protective measures
shall be followed.
a. A pre-construction wildlife survey shall be performed prior to any land clearing
activities within the identified construction area to search for woodrat nests. If
no nests are detected, no further avoidance measures are warranted.
b . If a woodrat nest is detected, it shall be mapped in relation to the proposed
limits of work. If the nest can be avoided, it shall be isolated from the work zone
by installation of wildlife exclusion fencing.
c. If a woodrat nest is in the work zone and it cannot be avoided, site clearing shall
be performed during the non-breeding season (e .g., September 1 through
November 30). During the non-breeding season, the nest shall be disassembled
by hand and the nest materials (e.g., sticks) removed and disposed of off-site.
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Any adult animals will be passively relocated into the adjacent woodland
habitat. This work shall be supervised by a qualified biologist. Upon completion,
the biologist shall notify CDFW of the translocation work.
d. If site clearing must proceed during the breeding season, it will be necessary to
determine whether or not the nest is currently occupied. This may be done by
direct observation over the course of at least two evenings no more than 48
hours prior to nest disassembly. Direct observation may consist of installation of
wildlife cameras at the nest or by a biologist on the ground. If no animals are
observed, the nest may be disassembled by hand. If, during the process of
disassembling the nest, live animals are encountered, nest materials shall be
replaced on top of the nest and the effort abandoned. Nests may not be
disassembled if young wood rats are present . Construction must then be
postponed until the end ofthe breeding season.
23. BIOLOGICAL RESOURCES MITIGATION MEASURE BI0-4*: Tree Replacement and
Protection. Prior to the removal of any trees, a tree removal permit shall be obtained
from the Town of Los Gatos, and all of the conditions oft he permit shall be followed
during tree removal. Tree replacement plantings shall be in conformance with Table 3-1
(Tree Canopy-Replacement Standard} of the Town's Tree Protection Ordinance and
Appendix A of the Hillside Development Standards and Guidelines. The project
applicant shall be required to implement recommendations made by the Town's
consulting arborist, Deborah Ellis, MS, in the report dated June 15, 2015 as well as any
subsequent updates.
24 . CULTURAL RESOURCES MITIGATION MEASURE CUL-l*: Archaeological Resources.
Construction personnel involved with earthmoving shall be alerted to the potential for
the discovery of prehistoric materials. Prehistoric archaeological materials might include
obsidian and chert flaked-stone tools (e.g., projectile points, knives, scrapers} or
toolmaking debris; culturally darkened soil ("midden"} containing heat-affected rocks,
artifacts, or shellfish remains; and stone milling equipment (e.g., mortars, pestles,
handstones, or milling slabs}; and battered stone tools, such as hammerstones and
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pitted stones. Historic-period materials might include stone, concrete, or adobe
footings and walls; filled wells or privies; and deposits of metal, glass, and/or ceramic
refuse.
If prehistoric or historic-period archaeological resources are encountered, all
construction activities within 50 feet shall halt and the Community Development
Director shall be notified . A Secretary of the Interior-qualified archaeologist shall
inspect the findings within 24 hours of discovery. If it is determined that the project
could damage a historical resource or a unique archaeological resource (as defined
pursuant to the CEQA GuidelinesL mitigation shall be implemented in accordance with
Public Resources Code (PRC) Section 21083.2 and Section 15126.4 of the CEQA
Guidelines, with a preference for preservation in place. Consistent with Section
15126.4(b)(3), this may be accomplished through planning construction to avoid the
resource; incorporating the resource within open space; capping and covering the
resource; or deeding the site into a permanent conservation easement. If avoidance is
not feasible, a qualified archaeologist shall prepare and implement a detailed treatment
plan in consultation with Community Development Department. Treatment of unique
archaeological resources shall follow the applicable requirements of PRC Section
21083.2. Treatment for most resources shall consist of (but would not be not limited to)
sample excavation, artifact collection, site documentation, and historical research, with
the aim to target the recovery of important scientific data contained in the portion(s) of
the significant resource to be impacted by the project. The treatment plan shall include
provisions for analysis of data in a regional context, reporting of results within a timely
manner, curation of artifacts and data at an approved facility, and dissemination of
reports to local and state repositories, libraries, and interested professionals.
25. CULTURAL RESOURCES MITIGATION MEASURE CUL-2*: Mitigation Measure CUL-2:
Paleontological Resources. Prior to the commencement of construction activities, the
project applicant or its successor(s) in interest shall provide for a qualified
paleontologist to provide construction personnel with training on procedures to be
followed in the event that a fossil site or fossil occurrence is encountered during
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construction. The training shall include instructions on identification techniques and
how to further avoid disturbing the fossils until a paleontological specialist can assess
the site. An informational package shall be provided for construction personnel not
present at the meeting. In the event that a paleontological resource (fossilized
invertebrate, vertebrate, plant or micro-fossil) is found during construction, excavation
within 50 feet of the find shall be temporarily halted or diverted until the discovery is
evaluated . Upon discovery, the Community Development Director shall be notified
immed iately and a qualified paleontologist shall be retained to document and assess
the discovery in accordance with Society of Vertebrate Paleontology's 2010 Standard
Procedures for the Assessment and Mitigation of Adverse Impacts to Paleontological
Resources, and recommend procedures to be followed before construction is allowed
to resume at the location of the find. If the Community Development Director
determines that avoidance is not feasible in light of project design, logistics, and costs,
the paleontologist will prepare a recommended excavation plan, subject to review and
approval by the Community Development Director, for mitigating the project's impact
on this resource, including preparation, identification, cataloging, and curation of any
salvaged specimens.
26. CULTURAL RESOURCES MITIGATION MEASURE CUL-3*: Human Remains. In the event of
discovery or recognition of any human remains during construction activities, such
activities within 50 feet of the find would cease until the San Mateo County Coroner has
been contacted to determine that no investigation of the cause of death is required.
The Native American Heritage Commission (NAHC) shall be contacted within 24 hours if
it is determined that the remains are Native American. The NAHC would then identify
the person or persons it believes to be the most likely descendant from the deceased
Native American, who in turn would make recommendations to the Town of Los Gatos
for the appropriate means of treating the human remains and any grave goods.
27. GEOTECHNICAL MITIGATION MEASURE GE0-1 *:Geotechnical Investigation . For the
proposed roadway and each proposed residential unit, the project applicant(s) shall
consult with a registered geotechnical engineer to prepare a design-level geotechnical
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investigation that incorporates the recommendations in the Geologic and Geotechnical
Feasibility Study: Proposed Five-Lot Subdivision, Sahadi Property (UPP Geotechnology,
2015). The design-level geotechnical report shall address, but not be limited to, site
preparation and grading, building foundations, and CBC seismic design parameters. A
design -level geotechnical report shall be prepared and submitted in conjunction with
Building Permit application(s) and rev iewed and approved by the Town of Los Gatos.
Recommendations from the design-level geotechnical report sha ll be incorporated into
the final project design and construction documents.
28. HAZARDOUS MATERIALS MITIGATION MEASURE HAZ-1 *:Fire Safety Plan During
Construction. The contractors for the proposed project and future residential
development shall prepare and implement f i re sa fety plans for construction operations
to prevent and respond to fire . The plan shall state that construction equipment be
equipped with fire prevention devices (e.g., spark arrestors) pursuant to Public
Re sources Code 4442. Water and firefighting tools (e.g. shovels, axes, fire extinguishers)
shall be maintained on si te during construction activities. The plan shall be reviewed
and approved by the Town of Lo s Gatos prior to i ss uance of demolition, grading, or
building permits.
29. NOISE MITIGATION MEASURE NOl -l*: Construction Specifications to Reduce Nois e. The
project applicant and its successors shall ensure that the following practices are
incorporated into the construction specification documents to be implemented by the
project contractor:
• Provide enclosures and mufflers for stationary equipment, shrouding or shielding
for impact tools, and barriers around particularly noi sy operations, such as grading
or use of concrete sa w s within 50 feet of an occupied sensitive land u se.
• Use construction equipment with lower (less than 70 dB) noi se emission ratings
whenever possible, particularly air compressors and generators.
• Do not use equipment on which sound-control device s provided by the
manufacturer have be en altered to reduce noise control.
• Lo ca te stationary equipment, material stockpiles, and vehicle staging areas as far as
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practicable from sensitive receptors.
• Prohibit unnecessary idling of internal combustion engines.
• Implement noise attenuation measures to the extent feasible (i.e., such that they do
not impede efficient operation of equipment or dramatically slow production rates),
which may include, but are not limited to, noise barriers or noise blankets. The
placement of such attenuation measures shall be reviewed and approved by the Los
Gatos Building Division prior to issuance of development permit for construction
activities .
30. TRANSPORATION/TRAFFIC MITGATION MEASURE TRANS-1 *:Traffic Control Plan . The
project applicant shall work with the Engineering Division of the Town of Los Gatos's
Parks and Public Works Department to devise a traffic control plan for incorporation
into the construction bid documents (specifications) to ensure safe and efficient traffic
flow during periods when soil i s hauled off the project site. The plan shall include, but
not be limited to, the following measures:
• Hauling and delivery activities and designated truck routes shall be strategically
selected, timed and coordinated to minimize traffic di sruption to schools, resident s,
bu sinesses, special events, and other projects in the area . The school s located on
the haul route shall be contacted to help with the coordination of the trucking
operation to minimize traffic di sruption.
• Flag person s shall be placed at locations as necessary. All flag persons shall have the
capability of communicating with each other to coordinate the operation .
• Prior to construction, advance notification of all affected resident s and emergency
services shall be made regarding one-way operation, specifying dates and hours of
operation .
• Hauling of soil on or off-site shall not occur during the morning or evening peak
period s (between 7 :00a.m. and 9:00a.m. and between 4 :00p.m . and 6:00p.m.).
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TO THE SATISFACTION OF THE DIRECTOR OF PARKS & PUBLIC WORKS:
Engineering Division
31. 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 mud, silt, concrete, dirt and other construction 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 by the Engineering Division of the
Parks and Public Works Department . The Applicant'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 issuance of correction notices, citations, or
stop work orders and the Town performing the required maintenance at the Applicant's
expense.
32 . APPROVAL: This application shall be completed in accordance with all of the conditions
of approval 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.
33 . 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 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, Com cast, Santa Clara Valley Water District, California
Department of Transportation (Caltrans). 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.
34. PUBLIC WORKS INSPECTIONS: The Applicant or their 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
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right-of-way. Failure to do so will result in penalties and rejection of work that went on
without inspection.
35. RESTORATION OF PUBLIC IMPROVEMENTS: The Applicant shall repair or replace all
existing improvements not designated for removal that are damaged or removed
because of the Applicant's operations. Improvements such as, but not limited to: curbs,
gutters, sidewalks, driveways, signs, pavements, raised pavement markers,
thermoplastic pavement markings, etc., shall be repaired and replaced to a condition
equal to or better than the original condition. 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 Applicant shall request a walk-
through with the Engineering Construction Inspector before the start of construction to
verify existing conditions.
36. SITE SUPERVISION: The General Contractor shall provide qualified supervision on the
job site at all times during construction.
37. 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.
38. INSPECTION FEES : Inspection fees shall be deposited with the Town prior to the
issuance of any permits or recordation of the Parcel Map.
39. PLANS AND STUDIES: All required plans and studies shall be prepared by a Registered
Professional Engineer in the State of California, and submitted to the Town Engineer for
review and approval. Additionally, any post-project traffic or parking counts, or other
studies imposed by the Planning Commission or Town Council shall be funded by the
Applicant.
40. GRADING PERMIT : A grading permit is required for all site grading and drainage work
except for exemptions listed in Section 12.20.015 of The Code of the Town of Los Gatos
(Grading Ordinance). The grading permit application (with grading plans) shall be made
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to the Engineering Division of the Parks and Public Works Department located at 41
Miles Avenue. The grading plans shall include final grading, drainage, retaining wall
location(s), driveway, utilities and interim erosion control. Grading plans shall list
earthwork quantities and a table of existing and proposed impervious areas. Unless
specifically allowed by the Director of Parks and Public Works, the grading permit will
be issued concurrently with the building permit. The grading permit is for work outside
the building footprint(s). A separate building permit, issued by the Building Department
on E. Main Street, is needed for grading within the building footprint.
41. GRADING ACTIVITY RESTRICTIONS : Upon receipt of a grading permit, any and all grading
activities and operations shall not commence until after the rainy season, as defined by
the State Water Resources Control Board (October 1-April 30), has ended.
42. COMPLIANCE WITH HILLSIDE DEVELOPMENT STANDARDS AND GUIDELINES : Not
including the exceptions granted by approval of this Ordinance, all grading activities and
operations shall be in compliance with Section Ill ofthe Town's Hillside Development
Standards and Guidelines. Not including the exceptions granted by approval of this
Ordinance, all development shall be in compliance with Section II of the Town's Hillside
Development Standards and Guidelines.
43 . DRAINAGE STUDY : Prior to the issuance of any grading permits, the following drainage
studies shall be submitted to and approved by the Town Engineer: a drainage study of
the project including diversions, off-site areas that drain onto and/or through the
project, and justification of any diversions; a drainage study evidencing that the
proposed drainage patterns will not overload the existing storm drain facilities; and
detailed drainage studies indicating how the project grading, in conjunction with the
drainage conveyance systems (including applicable swales, channels, street flows, catch
basins, storm drains, and flood water retarding) will allow building pads to be safe from
inundation from rainfall runoff which may be expected from all storms up to and
including the theoretical 100-year flood.
44. TREE REMOVAL: Copies of all necessary tree removal permits shall be provided prior to
the issuance of a grading permit/building permit.
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45 . SURVEYING CONTROLS: Horizontal and vertical controls shall be set and cert ified by a
licensed surveyor or registered civil engineer qualified to practice land surveying, for
the following items:
a. Retaining wall: top of wall elevations and locations.
b . Toe and top of cut and fill slopes.
46. PRECONSTRUCTION MEETING: Prior to issuance of any permit or the commencement of
any site work, the general contractor shall:
a. Along with the project applicant, attend a pre-construction meeting with the
Town Engineer to discuss the project conditions of approval, working hours, site
maintenance and other construction matters;
b . Acknowledge in writing that they have read and understand the project
conditions of approval and will make certain that all project sub-contractors
have read and understand them as well prior to commencing any work, and that
a copy of the project conditions of approval will be posted on-site at all times
during construction.
47. RETAINING WALLS: A building permit, issued by the Building Department at 110 E. Main
Street, may be required for site retaining walls . Walls are not reviewed or approved by
the Engineering Division of Parks and Public Works during the grading permit plan
review process .
48 . GENERAL : The Applicant shall comply with all Town, County, State and Federal laws and
regulations applicable to this land division. No other proposed development is included
in this particular application of the Certificate of Compliance. Issuance of a Certificate
of Compliance will acknowledge the Town's acceptance of the parcel as legally created
in accordance with the Subdivision Map Act. Any subsequent development will be
required to demonstrate compliance with the Town Development Standards and Codes.
49. PARCEL MAP : A parcel map shall be recorded. Two (2) copies of the parcel map shall be
submitted to the Engineering Division of the Parks and Public Works Department for
review and approval. Submittal shall include closure calculations, title reports and the
appropriate fee . The map shall be recorded before any permits for new construction
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are issued .
SO. WEST VALLEY SANITATION DISTRICT: All sewer connection and treatment plant capacity
fees shall be paid either immed i ately prior to the recordation of any subdivision or tract
maps with respect to the subject property or properties or immediately prior to the
issuance of a sewer connection permit, which ever event occurs first. Written
confi rmation of payment of the se fee s shall be p rovided p r ior to map recordation .
51. PRIVATE UTILITIES-STREET: Prior to the recordation of a subdivision map the Applicant
shall place a note on the map, in a manner that meets the approval ofthe Town
Engineer that states : "The private st reets, utilities constructed w ithin this map shall be
owned, operated and maintained by the Applicant, successors or ass igns ."
52. DEDICATIONS: The following shall be dedicated on the parcel map by separate
instrument. The dedication shall be recorded before any permits are issued :
a. A 30-foot wide, emergency vehicle access easement, pedestrian ingress-egress
easement, public utility easement, and private sanitary sewer easement as
shown on the tentative map;
b. A 10-foot wide trail easement as shown on the tentative map .
53. SOILS REPORT: One copy of the soils and geologic report shall be submitted with the
application . The soils report shall include specific criteria and standards governing site
grading, drainage, pavement design, retaining wall design, and erosion control. The
reports shall be signed and "wet stamped" by the engineer or geologist, in conformance
with Section 6735 of the California Business and Professions Code.
54. GEOLOGY AND SOILS MITIGATION MEASURE : A geotechnical investigation shall be
conducted for the project to determine the surface and sub-surface conditions at the
site and to determine the potential for surface fault rupture on the site. The
geotechnical study shall provide recommendations for site grading as well as the design
of foundations, retaining walls, concrete slab-on-grade construction, excavation,
drainage, on-site utility trenching and pavement sections . All recommendations of the
investigation shall be incorporated into project plans.
55 . SOILS REVIEW: Prior to issuance of any permits, the Applicant's engineers shall prepare
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and submit a design-level geotechnical/geological investigation for review and approval
by the Town. The Applicant's soils engineer shall review the final grading and drainage
plans to ensure that designs for foundations, retaining walls, site grading, and site
drainage are in accordance with their recommendations and the peer review
comments. Approval of the Applicant's soils engineer shall then be conveyed to the
Town either by letter or by signing the plans .
56. SOIL RECOMMENDATIONS: The project shall incorporate the geotechnical/geological
recommendations contained in the project's design-level geotechnical/geological
investigation as prepared by the Applicant's engineer(s), and any subsequently required
report or addendum. Subsequent reports or addendum are subject to peer review by
the Town's consultant and costs shall be borne by the Applicant.
57. WATER DESIGN: Water plans prepared by San Jose Water Company must be reviewed
and approved prior to issuance of any permit.
58. UTILITIES : The Applicant 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. The Applicant is required to obtain approval of all proposed utility
alignments from any and all utility service providers before a Certificate of Occupancy
for any new bu ilding can be issued. The Town of Los Gatos does not approve or imply
approval for final alignment or design of these facilities.
59. UTILITY EASEMENTS: Deed restrictions shall be placed on lots containing utility
easements. The deed restrictions shall specify that no trees, fences, structures or
hardscape are allowed within the easement boundaries, and that maintenance access
must be provided. The Town will prepare the deed language and the Applicant's
surveyor shall prepare the legal description and plat. The Applicant shall pay any
recordation costs.
60. PRIVATE EASEMENTS: Agreements detailing rights, limitations and responsibilities of
involved parties shall accompany any proposed private easement . Access driveway shall
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be within the recorded access easement. A new private access easement shall be
recorded, and a copy of the recorded agreement shall be submitted to the Engineering
Division of the Parks and Public Works Department, prior to issuance of building permit
or realigned acces s driveway shall be completed prior to the issuance of building
permit.
61. FENCES: Fences between all adjacent parcel s will need to be located on the property
lines/boundary lines. Any existing fences that encroach into the neighbor's property
will need to be removed and replaced to the correct location of the boundary lines
before a Certificate of Occupancy for any new building can be issued. Waiver of this
condition will require signed and notarized letters from all affected neighbors.
62. TRAFFIC IMPACT MITIGATION FEE: The Applicant shall pay the project's proportional
share of transportation improvements needed to serve cumulative development within
the Town of Los Gatos. The fee amount will be based upon the Town Council resolution
in effect at the time the building permit is issued. The fee shall be paid before issuance
of a building permit. The final traffic impact mitigation fee for this project shall be
calculated from the final plans u sing the current fee schedule and rate schedule in
effect at the time the building permit is issued, using a comparison between the
existing and proposed uses.
63. PRECONSTRUCTION PAVEMENT SURVEY: Prior to is suance of a Grading Permit, the
project applicant shall complete a pavement condition survey documenting the extent
of exi sting pavement defects using a 35 -mm, smartphone video (in Land scape
orientation only) or digital video camera. The survey shall extend from the intersection
of Shady Lane and Santella Court to the project site. The results shall be documented in
a report and submitted to the Town for review.
64. POSTCONSTRUCTION PAVEMENT SURVEY: The project applicant shall complete a
pavement condition survey and pavement deflection analysi s to determine whether
road damage occurred as a result of project construction and whether there were
change s in pavement strength. Rehabilitation improvements required to restore the
pavement to pre-construction condition and strength shall be determined using State
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of California procedures for deflection analysi s. The re sults shall be documented i n a
report and submitted to the Town for review and approval before a Certificate of
Occupancy for any new building can be issued . The Applicant shall be re sponsible for
completing any required road repairs prior to release of the faithful performance bond .
65 . CONSTRUCTION STREET PARKING: No vehicle having a manufacture's rated gross
vehicle weight exceeding ten thousand (10 ,000) pound s shall be allowed to park on the
portion of a street which abuts property i n a residential zone w ithout prior to approval
from the Town Engineer.
66. HAULING OF SOIL : Hauling of soil on-or off-site shall not occur during the morning or
evening peak periods (between 7:00a.m . and 9 :00a.m . and between 4 :00p.m . and
6:00p.m.), and at other times as specified by the Director of Parks and Public Works.
Prior to the issuance of a building permit, the Applicant shall work with the Town
Building Department and Engineering Division Inspectors to devise a traffic control plan
to ensure safe and efficient traffic flow under periods when soil is hauled on or off of
the project site . Thi s may include, but is not limited to pro visions for the
Applicant/Owner to place construction notification sign s noting the dates and time of
construction and hauling activities, or providing additional traffic control. Coordination
with other significant projects in the area may also be required . Cover all trucks hauling
soil, sand and other loose debris.
67 . CONSTRUCTION HOURS: All subdivision improvements and site improvements
con struction acti v ities, including the delivery of construction materials, labors, heavy
equipment, supplies, etc., shall be limited to the hours of 8:00a.m. to 8:00p.m .,
weekday s and 9:00a.m . to 7:00p.m. weekend s and holidays. The Town may authorize,
on a ca se-by-ca se basis , alternate construction hours. The Applicant shall provide
written notice twenty-four (24) hours in advance of modified construction hours.
Approval of this request is at di scretion of the Town .
68. CONSTRUCTION NOISE: Between the hours of 8 :00a.m. to 8 :00p.m., weekdays and
9 :00a.m . to 7:00p.m. weekends and holidays, construction, alteration or repair
activities shall be allowed. No individual piece of equipment shall produce a noise level
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exceeding eighty-five (85) dBA at twenty-five (25) feet from the source . lfthe 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 e ighty-five (85) dBA .
69. CONSTRUCTION MANAGEMENT PLAN SHEET : Prior to the issuance of any permits, the
Applicant shall submit a con struction management plan sheet (full-size) within the plan
set that shall incorporate at a minimum the Earth Movement Plan, Traffic Control Plan,
Project Schedule, site security fencing, employee parking, construction staging ar ea,
materials storage area(s), concrete washout(s) and proposed outhouse locations.
Please refer to the Town 's Construction Management Plan Guidelines document for
additional information.
70. SHARED PRIVATE STREET : The private street accessing Project Site shall be kept open
and in a safe, drive-able condition throughout construction. If temporary closure is
needed, then formal written notice shall be provided at least one week in advance of
closure .
71. 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 .
A Sanitary Sewer Clean-out is required for each property at the property line, or at a
location specified by the Town .
72. SANITARY SEWER BACKWATER VALVE: Drainage piping serving fixtures which have flood
level rims less than twelve (12) inches (304 .8 mm) above the elevation ofthe next
upstream manhole and/or flushing inlet cover at the public or private sewer system
serving such drainage piping shall be protected from backflow of sewage by installing an
approved type backwater valve . Fixtures above such elevation shall not discharge
through the backwater valve, unless first approved by the Building Official. The Town
shall not incur any liability or responsibility for damage resulting from a sewer overflow
where the property owner or other person has failed to install a backwater valve as
defined in the Uniform Plumbing Code adopted by the Town and maintain such device
in a functional operation condition . Evidence of West Sanitation District's decision on
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whether a backwater device is needed shall be provided prior to the issuance of a
building permit.
73 . STORMWATER MANAGEMENT: Construction activities includ i ng but not limited to
clearing, stockpiling, grading or excavation of land, which disturbs one (1) acre or more
which are part of a larger common plan of development which disturbs less than one
(1) acre are required to obtain coverage under the construction general permit with the
State Water Resources Control Board. The Applicant is required to provide proof of
WDID# and keep a current copy of the storm water pollution prevention plan (SWPPP)
on the construction site and shall be made available to the Town of Los Gatos
Engineering Division of the Parks and Public Works Department and/or Building
Department upon request.
74 . BEST MANAGEMENT PRACTICES (BMPs): The Applicant is responsible for ensuring that
all contractors are aware of all storm water quality measures and that such measures
are implemented. Best Management Practices (BMPs) shall be maintained and be
placed for all areas that have been graded or disturbed and for all materiat equipment
and/or operations that need protection . Removal of BMPs (temporary removal during
construction activities) shall be replaced at the end of each working day. Failure to
comply with the construction BMP will result in the issuance of correction notices,
citations, or stop work orders.
75. STORMWATER DEVELOPMENT RUNOFF: (10 kSF and Up) All new development and
redevelopment projects are subject to the stormwater development runoff
requirements. Every Applicant shall submit a stormwater control plan and implement
conditions of approval that reduce stormwater pollutant discharges through the
construction , operation and maintenance of treatment measures and other appropriate
source control and site design measures. Increases in runoff volume and flows shall be
managed in accordance with the development runoff requirements .
76 . SITE DESIGN MEASURES: All projects shall incorporate the following measures :
a. Protect sensitive areas and minimize changes to the natural topography.
b. Minimize impervious surface areas.
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c. Direct roof downspouts to vegetated areas.
d. Use permeable pavement surfaces on the driveway, at a minimum.
e. Use landscaping to treat stormwater.
77. INFILTRATION TRENCHES: The following requirements apply to the proposed infiltration
trenches :
a. Prior to completion of the Final Stormwater Control Plan, a geotechnical
engineer shall review the design of the infiltration trenches and retaining walls
along the portion of the road within the property boundary and determine
whether additional structural supports are needed to ensure stability of the
road and the adjacent hillside during the wet season .
b. The assumed infiltration rate of 0.67 in/hr shall be verified with actual site-
specific soils data prior to the Final Stormwater Control Plan for the road and
development on each lot, and if the infiltration rate is lower than 0.67 in/hr, a
hydrologic analysis shall be conducted to ensure that the proposed trench sizes
are adequate.
c. If the lots are to be developed individually, each lot shall provide infiltration
trenches consistent with the final stormwater control plan for the project, sized
based on the actual amount of impervious surface to be created on the lot.
d . The road and infiltration trenches shall be protected from sediment generated
during construction of homes on the lots. The proposed source control
measures shall be indicated on the project plans.
e. Maintenance of stormwater treatment and the infiltration trenches shall be the
responsib i lity of the property owner and/or future property owners. A
maintenance agreement shall be prepared establishing the property owner or
owners' responsibility.
78. EROSION CONTROL: Interim and final erosion control plans shall be prepared and
submitted to the Engineering Division of the Parks and Public Works Department. A
Notice of Intent (NOI) and Storm Water Pollution Prevention Plan (SWPPP) shall be
submitted to the San Francisco Bay Regional Water Quality Control Board for projects
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disturbing more than one (1) acre. A maximum of two (2) weeks is allowed between
clearing of an area and stabilizing/building on an area if grading is allowed during the
rainy season. Interim erosion control measures, to be carried out during construction
and before installation of the final landscaping, shall be included. Interim erosion
control method shall include, but are not limited to: silt fences , fiber rolls (with
locations and details), erosion control blankets, Town standard seeding specification,
filter berms, check dams, retention basins, etc . Provide erosion control measures as
needed to protect downstream water quality during winter months. The grading,
drainage, erosion control plans and SWPPP shall be in compliance with applicable
measures contained in the amended provisions C.3 and C.14 of most current Santa
Clara County National Pollutant Discharge Elimination System (NPDES) Municipal
Regional Permit (MRP). Monitoring for erosion and sediment control is required and
shall be performed by the Qualified SWPPP Developer (QSD) or Qualified SWPPP
Practitioner (QSP) as required by the Construction General Permit. Stormwater samples ·
are required for all discharge locations and projects may not exceed limits set forth by
the Construction General Permit Numeric Action Levels and/or Numeric Effluent Levels .
A Rain Event Action Plan (REAP) must be developed forty-eight (48) hours prior to any
likely precipitation even, defined by a fifty (50) percent or greater probability as
determined by the National Oceanic and Atmospheric Administration (NOAA), and/or
whenever rain is imminent. The QSD or QSP must print and save records of the
precipitation forecast for the project location area from
(http :/ /www.srh.noaa .gov/forecast) which must accompany monitoring reports and
sampling test data. A rain gauge is required on-site. The Town of Los Gatos Engineering
Division of the Parks and Public Works Department and the Building Department will
conduct periodic NPDES inspections of the site throughout the recognized storm season
to verify compliance with the Construction General Permit and Stormwater ordinances
and regulations.
79. 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,
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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 (3) times daily, or a pply (non-toxic) soil stabilizers on all unpaved access road s,
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 shall be cleaned by street sweepers or by hand as often as deemed
nece ss ary by the Town Engineer, or at lea st 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 {1) 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 twenty-five (25) miles per hour (MPH). All trucks hauling soil, sand, or
other loo se debris shall be covered.
80. DUST CONTROL : The following measure s shall be implemented at construction sites
greater than four (4) acre s in area:
a. Hydroseed or apply (non-toxic) soil stabilizers to inactive construction areas
(previously graded area s inactive for ten days or more).
b. Enclo se, cover, water twice daily or apply (non-toxic) soil binders to expo sed
stockpiles (dirt, sand , etc.).
c. Limit traffic speeds on unpaved roads to fifteen {15) miles per hour.
d. Install sandbags or other erosion control measures to prevent silt runoff to
public roadways.
e. Replant vegetation in disturbed area s as quickly as po ss ible .
81. CONSTRUCTION ACTIVITIES: All construction shall conform to the latest requirement s of
the CASQA Stormwater Best Management Practices Handbooks for Construction
Activities and New Development and Redevelopment, the Town's grading and erosi on
control ordinance, and other generally accepted engineering practice s for erosion
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control as required by the Town Engineer when undertaking construction activities .
82. 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 reu se via cisterns or rain barrels, directing
runoff from impervious surfaces to vegetated areas and use of permeable surface s. 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. No improvements shall obstruct or divert
runoff to the detriment of an adjacent, downstream or down slope property.
83. STORM WATER MANAGEMENT PLAN: (ONLY FOR CREATING/REPLACING 10,000 SF) A
storm water management shall be included with the grading permit application for all
Group 1 and Group 2 projects as defined in the amended provisions C.3 of the
Municipal Regional Stormwater NPDES Permit, Order R2-2015-0049, NPDES Permit No .
CAS612008 . The plan shall delineate source control mea sures and BMPs together with
the sizing calculations. The plan shall be certified by a professional pre-qualified by the
Town . In the event that the storm water measures proposed on the Planning approval
differ significantly from those certified on the Building/Grading Permit, the Town may
require a modification of the Planning approval prior to release of the Building Permit .
The Applicant may elect to have the Planning submittal certified to avoid thi s
possibility.
84. STORM WATER MANAGEMENT PLAN NOTES: The following note shall be added to the
storm water management plan : "The biotreatment soil mi x used in all stormwater
treatment landscapes shall comply with the specifications in Attachment L of the MRP.
Proof of compliance shall be submitted by the Contractor to the Town of Los Gatos a
minimum of thirty (30) days prior to delivery of the material to the job site using the
Biotreatment Soil Mix Supplier Certification Statement."
85. AGREEMENT FOR STORMWATER BEST MANAGEMENT PRACTICES INSPECTION AND
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MAINTENANCE OBLIGATIONS: (ONLY FOR CREATING/REPLACING OVER 10,000 SF) The
property owner/homeowner's association shall enter into an agreement with the Town
for maintenance of the stormwater filtration devices required to be installed on this
project by the Town's Stormwater Discharge Permit and all current amendments or
modifications. The agreement shall specify that certain routine maintenance shall be
performed by the property owner/homeowner's association and shall specify device
maintenance reporting requirements. The agreement shall also specify routine
inspection requirements, permits and payment of fees . The agreement shall be
recorded, and a copy of the recorded agreement shall be submitted to the Engineering
Division of the Parks and Public Works Department, prior to the release of any
occupancy permits.
86. MAINTENANCE OF PRIVATE STREETS: It is the responsibility ofthe property
owner(s)/homeowners association to implement a plan for street sweeping of paved
private roads and cleaning of all storm drain inlets .
87. SILT AND MUD IN PUBLIC RIGHT-OF-WAY : It is the responsibility of Contractor and
homeowner to make sure that all dirt tracked into the public right-of-way is cleaned up
on a daily basis. Mud, silt, concrete and other construction debris SHALL NOT be
washed into the Town's storm drains.
88 . 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
Applicant'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
penalties and/or the Town performing the required maintenance at the Applicant's
expense.
89. PERMIT ISSUANCE : Permits for each phase; reclamation, landscape, and grading, shall
be issued simultaneously.
90. COVERED TRUCKS : All trucks transporting materials to and from the site shall be
covered.
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91. UTILITY COMPANY REVIEW: Letters from the electric, telephone, cable, and trash
companies indicating that the proposed improvements a.nd easements are acceptable
shall be provided prior to the recordation of the parcel map.
92. SUPPLEMENTAL GEOLOGIC AND GEOTECHNICAL STUDIES: Supplemental geologic and
geotechnical engineering studies shall be performed in support of the design of the
infrastructure and the residences, and the reports and plans shall be submitted to the
Town for review.
TO THE SATISFACTION OF THE SANTA CLARA COUNTY FIRE DEPARTMENT:
93. WATER PLAN: A 'Conceptual Water Plan ' shall be resubmitted for evaluation prior to
approval of Architecture and Site Review of any future residences.
94. STREET DESIGN : Standard street design requirements shall apply.
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