7total+ of MEETING DATE: 10/07/13
ITEM NO.
P•Su.. I,
�os'A os COUNCIL AGENDA REPORT
DATE: October 3, 2013
TO: MAYOR AND TOWN COUNCIL
FROM: GREG LARSON, TOWN MANAGER /
SUBJECT: CONDITIONAL USE PERMIT APPLICATION U -13 -005. SUBDIVISION
APPLICATION M -13 -001, ARCHITECTURE AND SITE APPLICATIONS 5 -13-
009 THROUGH S -13 -011. PROPERTY LOCATION: 550 HUBBELL WAY.
PROPERTY OWNER: 17230 BUENA VISTA PARTNERS, LLC.
APPLICANT /APPELLANT: GREGORY HOWELL.
CONSIDER APPEAL OF PLANNING COMMISSION DECISIONS DENYING
A REQUEST FOR A CONDITIONAL USE PERMIT FOR CONSTRUCTION OF
FOUR DETACHED CONDOMINIUMS ON PROPERTY ZONED RM:12 -20.
APN 529 -09 -036.
RECOMMENDATION:
After opening and closing the public hearing, it is recommended that:
The Town Council adopt a Resolution to deny the appeal and uphold the decision of the
Planning Commission to deny the subject applications (motion required).
ALTERNATIVES:
Alternatively, the Council may:
Determine that the Planning Commission's decisions should be reversed or modified and find
one or more of the following; in accordance with Town Code Section 29.20.300:
a. Where there was error or abuse of discretion on the part of the Planning Cormnission; or
b. The new information that was submitted to the Council during the appeal process was
not readily and reasonably available for submission to the Commission; or
c. An issue or policy over which the Commission did not have discretion to modify or
address, but which is vested in the Council for modification or decision.
PREPARED BY: Sandy L. Baily, Director of Cormnunity Development
Reviewed by: Assistant Town Manage Town Attorney Finance
\\1eona \data\DEV\tc reports \2013 \Hubbe11550- appeal.doe Reformatted: 5/30/02 Revised: 10/3/13 5:03
Plot
PAGE
MAYOR AND TOWN COUNCIL
SUBJECT: Appeal for 550 Hubbell Way/U -13 -005, M -13 -001, 5 -13 -008 through 5 -13 -011
October 3, 2013
2. Grant the appeal, make the required findings and considerations (Attaclunent 7) and approve
the Conditional Use Permit, Subdivision, and Architecture and Site applications, subject to
the conditions in Attachment 8 and the development plans (Attachment 14) (motion
required).
3. Continue the project to a date certain with specific direction (motion required); or
4. Grant the appeal and remand the project to the Planning Commission with specific direction
(motion required).
BACKGROUND:
The subject property is located on the north side of Hubbell Way, one parcel east of University
Avenue. The existing building on the site was most recently used for a community center. The
building was vacated prior to the current owner purchasing the property in January 2013.
Two Pepper trees on the site were removed in March 2013 with a Town approved permit. The Tree
Removal Permit was issued in September 2012, prior to submittal of the subject development
applications. In approving the permit, the Town Arborist noted that the trees were diseased and had
large cavities. The arborist report for the project (Exhibit 8 of Attachment 1) confirms that the trees
were in poor to fair condition.
DISCUSSION:
A. Project Summary
The applicant is proposing to construct four detached residential condominiums. Units #1 and
92 are 1,900 square feet with attached one car garages, and units #3 and 44 are 1,638 square feet
with attached two -car garages. Units #1 and 92 each have a second uncovered parking space to
meet the parking requirement of two spaces per unit. Each residence has a private yard area and
will have a different exterior color scheme. Additional project details are described in the July
10, 2013 report to the Planning Commission (Attaclnnent 1).
The applicant proposed window modifications to units I and 3 to address privacy concerns of
adjacent residents at the Planning Commission meeting of September 11, 2013 (see Attachment
12).
There are three application types for the proposed project:
1. Conditional Use Permit for approval of condominiums in the RM zone.
2. Tentative map for condominium proposes.
3. Architecture and Site applications for the four proposed units.
PAGE
MAYOR AND TOWN COUNCIL
SUBJECT: Appeal for 550 Hubbell Way/U -13 -005, M -13 -001, 5 -13 -008 through 5 -13 -011.
October 3, 2013
B. Planning Commission Action
On July 10, 2013, the Planning Commission considered the subject applications. The
Commission continued the matter to September 11, 2013, directing the applicant to provide
additional information on the private portions of Hubbell Way and to consider plan changes to
address concerns about bulk and mass, lack of community open space, and use of shared
driveways.
On September 11, 2013, the Commission determined that the applicant had not satisfactorily
addressed the concerns and direction provided at the July 10 meeting and voted unanimously to
deny the applications. Attachments 2 and 4 are verbatim transcripts of the two Planning
Commission meetings.
C. Appeal
The decision of the Planning Commission was appealed on September 12, 2013 (see
Attachments 5 and 6). The applicant's appeal is based on his belief that the Planning
Commission erred or abused its discretion in that the denials were based on the following (staff
response follows each item):
1. Condominiums are not required to be attached units.
Staff Response: While multiple family housing units are typically attached, or consist of
multiple buildings of attached units, the Town Code does not state that condominiums are
required to be attached. However, State law requires all condominium projects to include a
common interest in a portion of the property along with separate interests for a portion of the
property.
2. A lower density (less than four units) would not be compliant with the zoning and General
Plan land use designations for the property.
Staff Response: The General Plan provides a description of each residential land use
designation and the desirable range of density for each designation (at Page LU -11). In this
instance, the density of 12 -20 dwellings per net acre is desirable, but not mandatory.
ENVIRONMENTAL ASSESSMENT:
The project is categorically exempt pursuant to Section 15315 for minor land division and Section
15303 for construction of a multi- family development with six or fewer units.
CONCLUSION:
It is recommended that the Town Council deny the appeals and uphold the decision of the Planning
Commission to deny the subject applications, and adopt the resolution in Attachment 9. if the
PAGE
MAYOR AND TOWN COUNCIL
SUBJECT: Appeal for 550 Hubbell Way /U -13 -005, M -13 -001, 5 -13 -008 through S -13 -011.
October 3, 2013
Council determines that the appeals should be granted, specific findings as to how the Planning
Commission erred must be incorporated into the resolution (Attaclw-rent 11).
FISCAL IMPACT:
None.
ATTACHMENTS:
1. Report to the Planning Commission dated 10, 2013 (Exhibit 9, development plans not attached
since they were revised)
2. Planning Commission meeting verbatim minutes of July 10, 2013 (35 transcribed pages)
3. Report to the Planning Commission dated September 11, 2013 (Exhibit 14, development plans
are incorporated as Attachment 14 to this report for easier access)
4. Planning Commission meeting verbatim minutes of September 11, 2013 (25 transcribed pages)
5. Appeal Statement, received September 12, 2013
6. Applicant's letter, received September 25, 2013 (one page)
7. Required Findings and Considerations (three pages)
S. Recommended Conditions of Approval (11 pages)
9. Draft Resolution for denial of appeal (three pages)
10. Draft Resolution to grant appeal and remand the project to the Planning Commission (three
pages)
11. Draft Resolution to grant the appeal and approve the project (three pages)
12. Revised floor plans for units 1 and 3, received September 11, 2013 (two pages)
13. Aerial view of project site and surroundings, received September 24, 2013 (one page)
14. Development plans from Attachment 3, received August 27, 2013 (19 pages)
Distribution
Gregory Howell, 410 N. Santa Cruz Avenue, Los Gatos, CA 95030
Mark DeMattei, DeMattei Construction, 1794 The Alameda, San Jose, CA 95126
Chris Spaulding, Architect, 801 Camelia Street, Suite E, Berkeley, CA 94710
SI,B:SA:cgt
N. DEWC RGPORT .WO13kFIubbcl1551},q >Pe;d.doc
°1 F TOWN OF LOS GATOS ITEM NO: 3
PLANNING COMMISSION STAFF REPORT
9P•� -
Meeting Date: July 10, 2013
PREPARED BY: Suzanne Avila, Senior Planner
savilaRclosaatosca Qov
APPLICATION NO.: U -13 -005, M -13 -001, S -13 -008 through S -13 -01 I
LOCATION: 550 Hubbell Way (north side of Hubbell Way, east of University
Avenue)
APPLICANT/PROPERTY
OWNERS: 172' )0 Buena Vista Partners, LLC
CONTACT PERSON:
APPLICATION
SUMMARY:
RECOMMENDATION
PROJECT DATA:
Gregory Howell
Requesting approval of a Conditional Use Permit to allow
construction of four condominiums on property zoned RMt :12 -20.
APN 529 -09 -036.
DEEMED COMPLETE: June 5, 2013
FINAL DATE TO TAKE ACTION:
a. Subdivision Application: July 24, 2013
b. Conditional Use Permit and Architecture and Site applications:
December 5. 2013
Approval, subject to conditions.
General Plan Designation:
Zoning Designation:
Applicable Plans & Standards
Parcel Size:
Surroundina Area:
High Density Residential
R- M:12-20
General Plan
Subdivision Map Act
1 5, 165 square feet
Existing Land Use
General Plan
-----------.-.--
i Zoning
North ' Multi Family Residential
.... --
High Density Residential
— —
RM
RM:12 -20
East _ Multi- Family Residential
i High Density Residential
RM:12 -20
South ! Multi-Family Residential
_High Density Residential
RivL 12 -20
West Single Family Residence
High Density Residential
RM:12 -20
ATTACHMENT I
Planning Commission Staff Report - Page 2
X50 I[ubbell NVav — U -13 -005. N4 -13 -001. S -1 3 -008 through S_13 -011
iul% 10.2013
CEQA.
The project is categorically exempt pursuant to Section 15315 fin'
minor land division and Section 15303 for construction of a multi-
family development kith six or fewer units.
FINDINGS:
a As required by Section 15315 and 15303 of the State
Environmental Guidelines as adopted by the l own that this
project is Categorically Exempt.
® As required by Section 29.20.190 of the Town Code for
granting a Conditional Use Permit.
As required by Section 29.40.635 of the Zoning Ordinance for
the specific density for a building site in a R-M zone.
® As required by Section 29.40.075(c) of the Zoning Ordinance
to allow an increase in FAR.
As required by Policy HOU -9.1 of the Housing Element for
new housing developments of three units or more.
® That the project complies with the Residential Design
Guidelines.
® As required by Section 66474 of the Subdivision Map Act if
the Planning Commission denies the subdivision application.
CONSIDERATIONS:
® As required by Section 29.20.150 of the Town Code for
Architecture and Site applications.
The decision of the Planning Commission is final unless appealed
ACTION':
within ten days.
EXHIBITS:
L Location map (one page)
2. Required Findings and Considerations (three pages)
3. Recommended Conditions of Approval (I 1 pages)
4. Project data sheet (one page)
5. Project description and letter of justification (one page).
received May 2011
6. Color and material exhibits (four pages), received June 12.
2013
7. Consulting Architect report (four pages). received February
28, 2013
S. Arborist report (25 pages), received March 6, 2013
9. Development Plans (10 sheets), received Niac 8 and June 5.
2 013
Planning Commission Staff Report - Page 3
550 Hubbell Way —U -13 -005. M -13 -001. S -13 -008 through S -13 -011
July 10, 2013
BACKGROUND:
The subject property is located on the north side of Hubbell Way, one parcel east of University
Avenue. The existing building on the site was.most recently used for a community center. The
building was vacated prior to the current owner purchasing the property in January 2013.
Two Pepper trees on the site were removed in March with a Town approved permit. The Tree
Removal Permit was issued in September 2012, prior to submittal of the subject development
applications. In approving the permit, the Town Arborist noted that the trees were diseased and
had large cavities. The arborist report for the project (Exhibit 8) confirms that the trees were in
poor to fair condition.
The Town has approved two residential condominium projects that are similar to the proposed
project, as follows:
0 88 -98 Forrest Avenue (two units)
0 104 -112 Towne Terrace (three units)
PROJECT DESCRIPTION:
A. Location and Surrounding Neighborhood
The project site is located on the north side of Hubbell Way, one parcel east of University
Avenue. The adjacent property to the west contains a two -story single- family residence.
The Mira Loma Apartments abut the project site on the east side (225 Avery Lane).
Behind the site to the north are the Tamarack Apartments (570 University Avenue).
Across the street to the south are apartments located at 222 Avery Lane and two single -
family residences. The site and all surrounding properties are zoned RrM:12 -20. All but
one of the surrounding apartment buildings and the adjacent residence are two stories.
The apartment building to the north is two stories over parking.
B. Conditional Use Permit
Condominiums are allowed in the RrVI zone with a Conditional use Permit (CUP).
Section 29.20.190 of the Town Code includes required findings for the granting of a CUP
(see Exhibit 2). Section 29.40.635 requires findings for the density for each building site
in an RM zone (see Exhibit 2). v
C. Architecture and Site Approval
Architecture and Site approval is required for construction of the four new residential
condominiums. Considerations for the review of Architecture and Site applications are
included in Exhibit 2.
plamiing Commission Staff Report - Page 4
550 Hubbell �A av — U -13 -005. N1- 13-001 5 -13 -008 through S -1 3 -01 1
Jul. 10. 201 ')
D. Subdivision Application
While the property is not being subdivided into individual lots. a condominium map will
need to be recorded. The State Subdivision Nlap Act includes seven findings to deny
applications for subdivisions of land (see Exhibit 2). If any of the findings can be made,
it is grounds for denial of the Subdivision application.
F. Zoning Compliance
The proposed project is compliant with maximum height, lot coverage, allowable density
and setbacks. The front setback has been reduced using an average of the required
setback for the RN1 zone (25 feet) and the existing front setback for the adjacent
residence to the west (under 10 feet) as allowed by Section 29.40.055 of the Town Code.
The front setback could have been reduced to 17.5 feet under this Code provision;
however, the applicant has proposed a 20 foot setback.
Open Space
The Town Code requires a minimum of 200 square feet of private open space per unit
and 100 square feet per unit for community open space for condominiums. Community
open space was not required for the project based on past Planning Commission
interpretation on the projects at 88 -98 Forrest Avenue and 104 -112 Towne Terrace.
Common open space was not required due to the single family design of the projects and
because appropriate sized private yards were provided for each unit. The private yard
sizes for the proposed project are as follows:
Unit /Location
I (left, rear)
Private Yard Size
1,060 square feet
2 (right. rear)
1,080 square feet
3 (left. front)
624 square feet
1 4 (right. front)
420 square feet
ANALYSIS:
A, Architecture and Site
The applicant is proposing to construct four residential condominiums. Units #1 and �2
are 1.900 square feet with attached one car garages, and units 43 and 74 are 1;638 square
feet with attached two -car garages. Units 41 and L�2 each have a second uncovered
parking space to meet the parking requirement of two spaces per unit. Each residence has
a private yard area as shown in the table above. Two different architectural styles are
proposed and each home will have a different color scheme. Color and material boards
will be available at the meeting. General project data is shown ill Exhibit J.
Planning Commission Staff Report - Page 5
550 Hubbell Way — U -1 3 -005, M -13 -001. S -13 -008 through S -13 -011
July 10, 2013
The Consulting Architect reviewed the plans and visited the site, and commented that the
design of the Units is well done (see Exhibit 7), The Architect also noted that while four
units on a site of this size would not be appropriate in a single- family neighborhood, the
number of apartment complexes in the immediate area and approval of a similar project
on Towne Terrace provides a context that the proposed project fits within. The
Consulting Architect's recommendations to recess the garage doors and to consider
changes in color and details to give each of the homes individual character have been
incorporated into the plans.
Story poles have been placed on the site to aid in the review of the project. The poles and
netting have been in place since April 20, 2013.
B. Floor Area
Asa single family unit design, the development is subject to the Floor Area Ratio (FAR)
requirements. The allowed FAR is .269 and the proposed FAR is .47. The maximum
living floor area allowed based on the lot size is 4,075 square feet, which if divided
evenly among the four units, would permit a maximum of 1,018 square feet each. The
proposed combined living floor area is 7,076 square feet. The adjacent apartment
complex at 570 University has an FAR of .71. The cumulative square footage and FAR
proposed for the site would be compatible with multi - family properties on Avery Lane
and Town Terrace, which have FAR's that range from .31 to .69. The FAR for the
project at 104 -112 Town Terrace is .43.
The allowable garage FAR for the site would increase from the allowed 1,085 square feet
to a cumulative total of 1,423 square feet with the proposed project.
C. Neighborhood Compatibility
The density of the proposed project is 11.5 units per acre which is at the low end of the
density scale (12 to 20 units per acre). Given the mix of single family homes and
apartments in the neighborhood, staff feels the density is appropriate.
The table below shows building size, FAR and garage size for properties in the
immediate vicinity of the project site. The apartment complexes have caUports rather than
garages.
Arlrb•ess
Lot Size
HouseBuildingsize
FAR
Gara;e
556 University
1 81456
1,264
.15
400
550 University
9.394
1,104
.12
300
560 University
9,516
1,643
.17
533
564 University
6,970
1,110
.16
286
570 University
30,623
21,780
.71
n/a
Planning Commission Staff Report - Page 6
550 Hubbell Way: —U -13 -005. Nt -13 -001. S -13 -008 through S -13 -0 11
.fuh 10, 2013
Addres�I
1 225 Avery
at Size
63.825 j
I House /Building si ze
23.569
FAR
.34
Garage
I _rVa
222 Avery
LHO,553
5,190
31
n, a
j 550 Hubbell
j 15,16
_ 7,076
.47
_ 1,423
D. Green Building
The project was reviewed using the Build It Green standards adopted by Town Council
Oil June 2, 2008, and it was determined that certification requirements can be met. A
preliminary checklist completed by the applicant shows that the project will exceed the
minirnUn number of points (50) needed to achieve certification with a score of 74.
Condition 95 requires the project to be certified as green prior to issuance of building
permits. The checklist must be completed by a Certified Green Bultdhlg Professional.
E. Trees and Landscaping
The development plans were reviewed by the Town's Consulting Arborist, Deborah Ellis,
and a report was prepared (see Exhibit 8). In addition to the two Pepper trees that were
previousty removed, four Acacia trees will be removed, all of which are in fair to poor
condition. A total of 32 new trees will be planted on the site to replace the trees being
removed and to screen and soften the new residences (see landscape plan, sheet 1-2.0 of
the development plans; Exhibit 9).
F. Parking
The Town Code requires two parking spaces per residential unit which the project
complies with. A total of eight on -site parking spaces are proposed; two uncovered
spaces and six garage spaces. The Code does not require guest parking spaces for
detached single - family units. There is street parking available on University Avenue,
Hubbell Way and Avery Lane.
G. 'I raffle
The proposed development will not result in an increase in traffic over the previous use
ofthe site for a community center.
It. General Plan Conformance
Applicable goals and policies of the 2020 General Plan include the following:
® Policv LU -1.4: Intill projects shall be designed in context Vwith the neighborhood and
sunoundina zoning "ith respect to the cxistine scale and character of surrounding
structures. and should blend rather than compete with the established character of the
Planning Commission Staff Report - Page 7
550 Hubbell Wav — U -13 -005. M -13 -001. 5 -13 -003 through S -13 -011
July 10, 2013
area.
• Goal LU -4: To provide for well - planned, careful growth that reflects the Town's
existing character and infrastructure.
• 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
• Goal LU -7: To use available land efficiently by encouraging appropriate infill
development.
• 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.
• Goal HOU -4: Ensure that all persons have equal access to housing opportunities.
• Policy HOU -9.1: 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.
I. CEOA Determination
The project is categorically exempt pursuant to Section 15315 for minor land division
and Section 15J03 for construction of a multi - family development with six or fewer
units.
PUBLIC COMMENTS:
Public hearing notices were sent to surrounding property owners within 300 feet of the project
site. House occupants are noticed in addition to the property owner where the owner does not
reside on the property. All apartment occupants living in complexes within the notice area were
included in the noticing. As of the date of this report no written correspondence has been
received.
CONCLUSION AND RECOMMENDATION:
A. Conclusion
The project complies with applicable zoning regulations and is consistent with applicable
provisions of the Residential Design Guidelines. Four units is within the allowable
density range for the zone and the new homes will be compatible with surrounding
development in terms of the architectural style, size, height and massing. Staff
recommends that the Planning Commission take the actions outlined in the
recommendation section below to approve the subject applications.
Planning Conunission Staff Report - Page 8
X50 Hnbbell yyay -U I' -005, M- li -00I. S -13 -003 tluoueh S -13-011
Jule 10. 2013
B. Rccoin III endation
Staff recommends that the Planning Commission take the following actions to approve
the application:
1- Find that the project is categorically exempt from CEQA (Exhibit 2);
2.
Make the required findings for the granting of a Conditional Use Permit (Exhibit
2);
Make the required findings for density (Exhibit 2);
4- 'Make the required findings for a residential project with three or more units
(Exhibit 2);
5. Make the required findings for an increase in FAR (Exhibit 2);
6. Find that the project is consistent with the Residential Design Guidelines (Exhibit
2);
7. Find that the project is consistent with the considerations for approval of
Architecture and Site applications; and
8. Approve Conditional Use Permit application U -13 -005, Tentative tivlap
application NJ -li -001 and Architecture and Site applications 5 -13 -008 through S-
13 -011, subject the conditions in Exhibit 3 and the development plans (Exhibit 8).
Alternatively; the Commission may take one of the following actions:
L Approve the applications with additional and -'or modified conditions of approval;
or
2. Continue to a date certain with specific direction to staff and the applicant; or
3. Make the findings to deny the subdivision and deny the applications.
if .�
Prepared by: Approved b)(
Suzanne Avila. AICP Sandy L. Baily)AICP
Senior Planner Director of Comnnmity Development
SI.R:SA:ct
cc: Gregory ttowcll. 410 N. Santa Cruz avenue, Los Gatos. CA 95030
dark DcNtattei. Devlattei Construction, 1794 The Alameda. San .lose, CA 95126
V [: I. p(- RFp,dzIS.',013:I!ul�be 1150- rVI- AK...Sdoc
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EXHi5ft
Of Attachment 1
This Page
Intentionally,
Left Blank
PLANNING COMMISSION —JULY 10, 2013
REQUIRED FINDLYGS & MYSIDERATIOiVS FOR:
550 Hubbell Wav
Conditional Use Permit U -13 -005
Subdivision Application M -13 -001
Architecture and Site Applications S -13 -003 through S -13 -011
Requesting approval of a Conditional Use Permit to allow construction of four condominiums on
property zoned RIM: 12-20. APN 529 -09 -036.
PROPERTY OWNER: 17230 Buena Vista Partners, LLC
APPLICANT: Gregory Howell
FINDINGS:
Required findings for CEQA:
The project is categorically exempt pursuant to Section 15315 and 15303 of the State
Environmental Guidelines as adopted by the Town in that the project consists of a minor land
division for condominium proposes and consists of a multi- family development with six or
fewer units.
Required findings for a Conditional Use Permit:
As required by Section 29.20.190 of the Town Code for granting a Conditional Use Permit:
I . The proposed uses of the property are essential or desirable to the public convenience
or welfare in that the redevelopment of the property will provide new housing units;
2. The proposed uses will not impair the integrity and character of the zone. The project
is at the low end of the allowable density range, will fit in with surrounding
residential uses and will improve the appearance of the site;
3. The proposed uses would not be detrimental to public health, safety, or general
welfare as appropriate conditions of approval have been included; and
4. The proposed uses of the property are in harmony with the various elements or
objectives of the General Plan and the purposes of the Town Code as detailed in the
July 10, 2013 Planning Commission report.
Required findings for density in an RilI Zone:
As required by Section 29.40.635 of the Town Code, the deciding body shall determine the
specific density for a building site when issuing a Conditional Use Permit:
The use will be adequately accommodated by streets serving the development in its
existing configuration and the development will not overburden the existine streets or
other public improvements and the provision of public services to the general area
will not be impaired.
F; 1'i4'n't 2
Of Attachment 1
2. The architectural design of the development, the site planning and the characteristics
of the lot will not result in adjacent properties being adversely affected.
3. The individual dwelling units will be set%iced by huht. air, off -street parking, open
space, privacy and other such amenities that are normally incident to %yell- designed
residential development.
Required findings required by Floasing Element Police HOU -9.1:
the proposed cleeeIopment is consistent kith the Town's Housin,2 Element and addresses the
T oven's housing needs as identified in the Housing Element.
Required findings to exceed the Floor Area Ratio:
a As allowed by Section 29.40.075(x) of the Town Code for an increase of the FAR:
1. The property is not subject to a specific plan and there is not an applicable historic
designation or LHP overlay. The proposed structures are consistent with the adopted
Residential Design Guidelines.
2. The tot coverage, setbacks and proposed FAR are similar to those in the immediate
neighborhood.
Compliance with Residential Design Guidelines:
The project was reviewed by staff and the Consulting Architect and determined to be in
compliance with the Residential Design Guidelines.
Subdivision Nlap Act findings for denial:
w In order to deny the application, the deciding body must make one or more of the following
findings, as required by Section 66474 of the State Subdivision ivlap Act:
a. That the proposed map is not consistent NN ith applicable general and specific plans as
specified in Section 65451.
b. That the design or improvement of the proposed subdivision is not consistent with
applicable general and specific plans.
C. l hat the site is not physically suitable for the type of development.
d. That the site is not physically suitable for the proposed density of development.
C. That the design of the subdivision or the proposed improvements are likely to cause
substantial environmental damage or substantially and avoidably injure Fish or
wildlife or their habitat.
f. That the design of the subdivision or type of improvcments is likeh to cause serious
public health problems.
g. That the design of the subdivision or the type of improvements will conflict vxith
easements, acquired by the public at large, for access through or use of, property
within the proposed subdivision.
CONSIDERATIONS:
Required considerations in review of applications:
As required by Section 29.20.150 of the Town Code, the considerations in review of an
Architecture and Site application were all made in reviewing this project. The houses are
well designed, are of an appropriate size for the neighborhood, and will be compatible with
the surrounding residential uses.
NPDE %- FINDINGS¢01',' GBOELL556CUP DOC
Th is Pag e
Intentionally
Left Blank
PLANNING COMMISSION —JULY 10, 2013
CONDITIONS OF APPROVAL
550 Hubbell Way
Conditional Use Permit U -13 -005
Subdivision Application M -13 -001
Architecture and Site Applications S -13 -008 through S -I3 -01 I
Requesting approval of a Conditional Use Permit to allow construction of four condominiums on
property zoned R.'NI:12 -20. APN 529 -09 -036.
PROPERTY O�NNER: 17230 Buena Vista Partners, LLC
APPLICANT: Gregory Howell
TO THE SATISFACTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT:
Planning Division
1. APPROVAL. This application shall be completed in accordance with all of the
conditions of approval listed below and in substantial compliance with the plans
approved by the Planning Commission on July 10, 2013, and noted as received by the
Town on May 8, 2013 and June 5, 2013. Any changes or modifications to the approved
plans shall be approved by the Community Development Director or the Planning
Commission, depending on the scope of the changes.
2. EXPIRATION. The Conditional Use Permit, Tentative Map and Architecture and Site
approvals will expire two years from the approval date pursuant to Section 29 20.320 of
the Town Code, unless the approval is used prior to expiration.
3. TOWN INDEMNITY. Applicants are notified that Town Code Section 1. 10.115 requires
that any applicant who receives a permit or entitlement from the Town shall defend,
indemnify, and hold harmless the Town and its officials in any action brought by a third
party to overturn, set aside, or void the permit or entitlement. This requirement is a
condition of approval of all such permits and entitlements whether or not expressly set
forth in the approval, and may be secured to the satisfaction of the Town Attorney.
4. RECYCLING. All wood, metal, glass and aluminum materials generated from the
demolished structure shall be deposited to a company which will recycle the materials.
Receipts from the company(s) accepting these materials, noting type and weight of
material, shall be submitted to the Town prior to the Towns demolition inspection.
5. GREEN BUILDING. The new residences shall be designed to achieve compliance with
GreenPoint Rated Standards for green building certification. The GreenPoint checklist
shall be completed by a Certified Green Building Professional.
6. OUTDOOR LIGHTING. House exterior and landscape lighting shall be kept to a
minimum, and shall be down directed fixtures that will not reflect or encroach onto
adjacent properties. The outdoor lighting plan will be reviewed during building plan
check. Any changes to the lighting plan shall be approved prior to installation.
7. TREE REMOVAL PERMIT. A Tree removal Permit shall be issued for the remaining
trees to be removed. Replacement trees shall be planted based on the Canopy
Replacement Table in the Tree Protection Ordinance, prior to final inspection.
Of Attachment 1
Conditions of Approval
550 IIubbeII Wac— U -13 -005. N4- I3-001. 5 -13 -005 [hruugh 5 -13 -01 I
Page ? of I I
S. TREE FENCING. Protective tree fencing shall be placed at the drip line of the existing
trees in the vicinity of construction prior to issuance of an% permits and shall remain
through all phases of construction. Fencing shall be six foot high cyclone attached to
two -inch diameter steel posts drive 15 inches into the ground and spaced no further than
10 feet apart.
9. TREE PRESERVATION. All recommendations of the J own's Consulting Arborist shall
be followed throughout at] phases of construction. Refer to [he report prepared by
Deborah Ellis dated March 6. 2013 for details. Tree protection specifications shall be
printed on the construction plans.
to. STORY POLLS. The story poles on the project site shall be removed within 30 days of
approval ofthe Architecture & Site application.
Building Division
11. PERMITS REQUIRED. A demolition permit is required for the demolition of the
existing building and building permits are required for the construction of the four new
residences. Separate permits are required for electrical. mechanical and plumbing veork
as necessary.
I-. CONDITIONS OF APPROVAL. The Conditions of Approval must be blue -lined in full
on the cover sheet of the construction plans. A compliance memorandum shall be
prepared and submitted with the building permit application detailing how the Conditions
of Approval will be addressed.
I SIZE OF PLANS. Four sets of construction plans, maximum size 24" x 36."
14. BUILDING ADDRESSES. Submit requests for new building addresses to the Building
Division prior to submitting for the building permit application process.
15. DEMOLITION REQUIREMENTS. Obtain a Building Division Demolition Application
and a Bay Area Air Quality Management Application firom the Building Division service
counter. Once the demolition form has been completed, all signatures obtained. and
written verification from PG &E that all utilities have been disconnected, return the
completed from to the Building Division service counter with the J4 Certificate. PG &E
verification, and three (3) sets of site plans to include all existing structures; existing
utility service lines such as water. sewer, and PG &,E. No demolition work shall be done
without first obtaining a permit from the Tmv n.
16. SOILS REPORT. A soils report, prepared to the satisfaction of the Building Official.
containing foundation and retaining wall design recommendations, shall be submitted
With the building permit application. This report shall be prepared by a licensed civil
engineer specializing in soils mechanics (California Building Chapter 15).
1?. FOUNDATION INSPECTIONS. A pad certificate prepared by a licensed civil engineer
or land surveyor may be required to be submitted to the project building inspector at
foundation inspection. This certificate shall certify compliance with the recommendations
as specified in the soils report and, the buitcting pad elevation, on -site retaining wall
locations and elevations are prepared according to approved plans. Horizontal and
vertical controls shall be set and certified by a licensed suryeyor or registered civil
engineer for the following items:
a. Building pad elevation
b. Finish floor elevation
C. Foundation corner locations
d. Retaining �G'alls
Conditions of Approval
550 Hubbell Way —U -13 -005, M -13 -001, S -13 -008 through S -13 -011
Page 3 of I I
18. TITLE 24 ENERGY COMPLIANCE. California Title 24 Energy Compliance forms CF-
IR, MF -IR, and WS -5R must be blue -tined on the plans.
19. TOWN FIREPLACE STANDARDS. New wood burning fireplaces shall be an EPA
Phase II approved appliance as per Town Ordinance 1905. Tree limbs within 10 feet of
chimneys shall be cut.
20. RESIDENTIAL TOWN ACCESSIBILITY STANDARDS. The residence shall be
designed with adaptability features for single family residences per Town Resolution
1994 -61:
a. Wooded backing (2 -inch x 8 -inch minimum) shall be provided in all bathroom
walls, at water closets, showers, and bathtubs located 34- inches from the floor to
the center of the backing, suitable for the installation of grab bars.
b. All passage doors shall be at least 32- inches wide on the accessible floor.
C. Primary entrance shall a 36 -inch wide door including a 5'x5' level landing, no more
than 1 -inch out of plane with the immediate interior floor level with an 18 -inch
clearance at interior strike edge.
d. Door buzzer, hell or clime shall be hard wired at primary entrance
21. BACKWATER VALVE. The scope of this project may require the installation of a
sanitary sewer backwater valve per Town Ordinance 6.50.025. Please provide
information on the plans if a backwater valve is required and the location of the
installation. The Town of Los Gatos Ordinance and West Valley Sanitation District
(WVSD) requires backwater valves on drainage piping serving fixtures that have flood
level rims less than 12- inches above the elevation of the next upstream manhole.
22. SPECIAL INSPECTIONS. When a special inspection is required by CBC Section 1701,
the architect or engineer of record shall prepare an inspection program that shall be
submitted to the Building Official for approval prior to issuance of the building permit.
The Town Special Inspection form must be completely filled -out, signed by all requested
parties, and be blue -lined on the construction plans. Special Inspection forms are
available from the Building Division Service Counter or at tivww.losgcrtosecr.gov /building.
23. NONPOINT SOURCE POLLUTION STANDARDS. The Town standard Santa Clara
Valley Nonpoint Source Pollution Control Program sheet (or 24x36 Clean Bay sheet)
shall be part of the plan submittal as the second page. The specification sheet is available
at the Building Division Counter for a fee of $2 or at San Jose Blue Print for a fee.
24. APPROVALS REQUIRED. The project requires the following departments and
agencies approval before issuing a building permit:
a. Community Development - Planning Division: Suzanne Avila (408) 354 -6875
b. Engineering /Parks & Public Works Department: Mazier Bozorginia (408) 395 -3460
C. Santa Clara County Fire Department: (408) 378 -4010
d. West Valley Sanitation District: (408) 378 -2407
C. Local School District: The Town will forward the paperwork to the appropriate
school district(s) for processing. A copy of the paid receipt is required prior to
permit issuance.
f Bay Area Air Quality Management District: (415) 771 -6000
Conditions of Approval
550 Hubbell Way —L' -13 -005, h'I -13 -001; 5 -13 -003 through 5 -13 -01 I
Page d of / i
TO THE SATISFACTION OF THE DIRECTOR OF PARKS & PUBLIC V ORKS:
En- ineering Division
25. GENERAL. All public improvements shall be made according to the latest adopted
Town Standard Drakcings and the Tovvn Standard Specifications. All work shall conform
to the applicable Town ordinances. The adjacent public right -of -way shall be kept clear
of all job related dirt and debris at the end of the day. Dirt and debris shall not be washed
into storm drainage facilities. The storing of goods and materials on the sidewalk and/or
the street Rill not be allowed unless a special permit is issued. The cicceloper'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 Tovvn
performing the required maintenance at the developer's expense.
26. ENCROACHMENT PERMIT. All work in the public right -of -way will require a
Construction Encroachment Permit. All vvork over $5,000 will require construction
security. It is the responsibility of the applicant /developer to obtain any necessary
encroachment permits from affected agencies and private parties, including but not
limited to, Pacific Gas and Electric (PG &E), SBC, Comcast, Santa Clara Valley Water
District, California Department of Transportation. Copies of any approvals or permits
must be submitted to the Town Engineering Department prior to releasing of any permit.
27. PUBLIC WORKS INSPECTIONS. The developer or representative shall notify the
Engineering Inspector at least 24 -hours before starting any work pertaining to on -site
drainage facilities. Grading or paving, and all work in the public right -of -way. Failure to
do so will result in rejection of work that event on without an inspection.
28. RESTORATION OF PUBLIC IMPROVEMENTS. The developer shall repair or replace
all existing improvements not designated for removal that are damaged or removed
because of developer's operations. hnprovements such as, but not limited to: curbs,
gutters, sidewalks, driveways, signs, pavements, raised pavement markers, thermoplastic
pavement markings, etc, shall be repaired and replaced to a condition equal to or better
than the original condition. Existing improvement to be repaired or replaced shall be at
the direction of the Engineering Construction
ction Inspector, and shall comply with all itle
24 Disabled Access provisions. Developer shall request a walk- through with the
Engineering Construction Inspector before the start of construction to verify existing
conditions.
29. SITE SUPERVISION. The general contractor shall provide qualified supervision on the
job site at all times during construction.
30. STREETISIDEb ALK CLOSURE. Any proposed blockage or partial closure of the
sidewalk requires an encroachment permit Special provisions Such as limitations on
work hours, protective enclosures or other means to facilitate public access in a safe
manner may be required.
31. PLAN CHECK PEES. Plan check fees shall be deposited with the Iovcn prior to plan
review at the Engineering Division of the Parks and Public Works Department.
32. INSPECTION FEES. inspection fees shall be deposited with the Tovvn prior to issuance
of anv Permit or recordation of the Final Map.
33. DESIGN CHANGES. Any proposed change(s) to the approved plans isiare subject to
approval of the Town prior to start of ahercd krork. The project engineer shall notify the
Tovvri Engineer in writing at least 72 hours in advance of proposed changes. Am'
- built" plans.
approved changes shall be incorporated in the "as
Conditions of Approval
550 Hubbell Way— U -13 -0055 M -13 -001, S43 -008 through S -13 -011
Page 5 of 11
34. PARKING. Any proposed parking restriction must be approved by the Town of Los
Gatos Community Development Department.
35. 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.
36. GRADING PERrMIT. A grading permit is required for site grading and drainage. The
grading permit application (with grading plans) shall be made to the Engineering
Division of the Parks & Public Works Department located at 41 Miles Avenue. The
grading plans shall include final grading, drainage, retaining wall location, driveway,
utilities and interim erosion control. Grading plans shall list earthwork quantities and a
table of existing and proposed impervious areas. Unless specifically allowed by the
Director of Parks and Public Works, the grading permit will be issued concurrently with
the building permit. The grading permit is for work outside the building footprint(s). A
separate building permit, issued by the Building Division on E. Main Street is needed for
grading within the building footprint.
37. DRAINAGE IMPROVEMENTS. Prior to the recordation of a subdivision map (except
maps for financing and conveyance purposes only) or prior to the issuance of any
grading /improvement permits, whichever comes first, the applicant shall: a) Design
provisions for surface drainage; and b) Design all necessary storm drain facilities
extending to a satisfactory point of disposal for the proper control and disposal of storm
runoff; and c) provide recorded copy of any required easements to the Town.
38. TREE REMOVAL. Copies of all necessary tree removal permits shall be provided prior
to issuance of a grading permit.
39. SURVEYING CONTROLS. Horizontal and vertical controls shall be set and certified by
a licensed surveyor or registered civil engineer qualified to practice land surveying, for
the following items:
a. Retaining wall - top of wall elevations and locations
b. Toe and top of cut and fill slopes
40. PAD CERTIFICATION. A letter from a licensed land surveyor shall be provided stating
that the building foundation was constructed in accordance with the approved plans shall
be provided subsequent to foundation construction and prior to construction on the
structure. The pad certification shall address both vertical and horizontal foundation
placement.
41. PRFCONSTRUCTION MEETING. Prior to issuance of any permit or the
commencement of any site work, the general contractor shall:
a. Along with the project applicant, attend a pre - construction meeting with the Town
Engineer to discuss the project conditions of approval, working hours, site
maintenance and other construction matters.
b. Acknowledge in writing that they have read and understand the project conditions
of approval, and will make certain that all project sub - contractors have read and
understand them prior to commencing work and that a copy of the project
conditions of approval will be posted on site at all times during construction.
42. 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.
Conditions of Approval
550 1 [ubbell \yav - I -I3 -005, NI -I ' -001, S_1 -003 through 5 -13 -01 I
Page 6 of 11
4±. PARCEL ViAP. A parcel map shall be recorded. -Iwo copies of the final parcel map
shall be submitted to the Engineering Dig vision of the Parks and Public Works
Department for review and approval. Submittal shall include closure calculations. title
report and appropriate Fees. The map shall be recorded prior to issuance of permits for
new construction.
44. DEMOLffION. The existing building shall be demolished prior to recordation of the
parcel map affected by the building.
45. DFDICAT[ONS. The following shall be dedicated on the parcel map. The dedication:
shall be recorded prior to issuance of any permits:
a. I lubbell Way. A 25 -foot half street right -of -way.
b. Public Services Easement (PSE). Ten (10) feet wide, next to the Hubbell Way
right -of -way.
46. WEST VALLEY" SANITATION DISTRICT. All sewer connection and treatment plant
capacity fees shall be paid either immediately prior to recordation of the parcel map or
immediately prior to issuance of seN�er connection permits, whichever occurs first.
Written confirmation of payment of these fees shall be provided prior to recordation of
the parcel map.
47. 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 "vvet stamped" by the engineer or geologist, in conformance
with Section 6735 of the California Business and Professions Code.
43. SOILS REVIEW. Prior to issuance of any permit, the applicant's soils engineer shall
review the final grading and drainage plans to ensure that designs for foundations,
retaining walls, site grading, and site drainage are in accordance with their
recommendations and the peer review comments. The applicant's soils engineer's
approval shall then be conveyed to the Town either by letter or by signing the plans.
49. SOILS ENGINEER CO-NISTRUCTION OBSERVATION. During construction. all
excavations and grading shall be inspected by the applicant's soils engineer prior to
placement of concrete and /or backlill so they can verify that the actual conditions are as
anticipated in the design -level geotechnical report, and recommend appropriate changes
in the recommendations contained in the report, if necessary. The results of the
construction observation and testing should be documented in an "as- built" letter report
prepared by the applicants' soils engineer and submitted to the TORn before final release
ofany Occupancy permit is granted.
50. SOIL RECO?yIV[ENDATIONS: The project shall incorporate the geotechnical %geological
recommendations contained in the Geotechnical investigation by JF Consulting, Inc.
Geotechnical Services, dated February 25, 2013, 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 horse by the applicant.
SL FRONTAGE I.MPROVL-V'IENTS. The applicant shall improve the project's public
frontage to current Town standards. These improvements may include but are not limited
to curb, gutter. sidewalk, driveway approaches, curb ramps, street lighting (upgrade
and /or paint). etc.
Conditions of Approval
550 Hubbell Way —U -13 -005, M -13 -001, S -13-008 through S -1 3 -011
Page 7 of 11
52. UTILITIES. The Developer shall install all new, relocated, or temporarily removed
utility services, including telephone, electric power and all other communications lines
underground, as required by Town Code Section 27.50.015(b). All new utility services
shall be placed underground. Underground conduit shall be provided for cable television
service. Applicant is required to obtain approval of all proposed utility alignments from
any and all utility service providers. The Town of Los Gatos does not approve or imply
approval for final alignment or design of these facilities.
53. UTILITY SETBACKS. House foundations shall be set back from the utility lines a
sufficient distance to allow excavation of the utility without undermining the foundation.
The Town Engineer shall determine the appropriate setback based on the depth of the
utility, input from the soils engineer and the type of foundation.
54. SIDEWALK REPAIR. The developer shall repair and replace to existing Town
standards any sidewalk damaged now or during construction of this project. Sidewalk
repair shall match existing color, texture and design, and shall be constructed per Town
Standard Details,
55. CURB AND GUTTER. The developer shall repair and replace to existing Town
standards any curb and gutter damaged now or during construction of this project. New
curb and gutter shall be constructed per Town Standard Details.
56. DRIVEWAY APPROACH. The developer shall install two (2) Town standard
residential driveway approaches. The new driveway approach shall be constructed per
Town Standard Details.
57. FENCING. Any fencing proposed within 200 -feet of an intersection shall comply with
Town Code Section §23.10.080.
58. SIGHT TRIANGLE AND TRAFFIC VIEW AREA. Any proposed improvements,
including but not limiting to trees and hedges, will need to abide by Town Code Section
23.10.080, 26.10.065, 29.40.030.
59. AS -BUILT PLANS. An AutoCAD disk of the approved "as- built" plans shall be
provided to the Town prior to issuance of a Certificate of Occupancy. The AutoCAD file
shall include only the following information and shall conform to the layer naming
Traffic Control Devices (MUTCD), 2003, and standard construction practices. Final
construction plans and specifications shall be approved by the Town Engineer and
released for construction prior to the issuance of the encroactument permit.
60. TRAFFIC IMPACT MITGATION FEE. The developer shall pay a proportional the
project's share of transportation improvements needed to serve cumulative development
within the Town of Los Gatos. The fee amount will be based upon the Town Council
resolution in effect at the time the building permit is issued. The fee shall be paid before
issuance of a building permit. The traffic impact mitigation fee for this project using the
current fee schedule is $22,968. The final fee shall be calculated form the final plans
using the rate schedule in effect at the time the building permit is issued.
61. PRE- CONSTRUCTION PAVEMENT SURVEY. Prior to issuance of a Grading Permit,
the project Applicant shall complete a pavement condition survey documenting the extent
of existing pavement defects using a 35 -mm or digital video camera. The survey shall
extend the frill length of Hubbell Way between the project site and University Avenue.
The results shall be documented in a report and submitted to the Town for review.
Conditions of Approval
550 Hubbell %\a\ — U -t3-005, `'I -13 -001. 5 -13 -008 through $-t
Page S of 11
62. POST - CONSTRUCTION PAVEMENT SURVEY. The project applicant shall complete
a pavement condition survey to determine ,\hcthcr road damage occurred as a result of
project construction. Rehabilitation improvements required to restore the pavement to
pre- construction condition shall be documented in a report and submitted to the Town for
review and approval The applicant shall be responsible for completing any required road
repairs prior to release of any certificate of occupancy.
63. TRAFFIC CONFROL PLAN. The project sponsor will be required to work with the
Engineering Division of the Parks and Public 'Works Department to develop a traffic
control plan for incorporation into the construction bid documents (specifications), and
this plan will include, but not be limited to, the following measures:
a. Construction activities shall be strategically timed and coordinated to minimize
traffic disruption for schools, residents, businesses, special events, and other
projects in the area. The schools located on the haul route shall be contacted to
help with the coordination of the trucking operation to minimize traffic disruption.
b. Flag persons shall be placed at locations necessary to control one -way traffic
flow. All flag persons shall have the capability of communicating with each other
to coordinate the operation.
C. Prior to construction, advance notification of all affected residents and emergency
services shall be made regarding one -way operation, specifying dates and hours of
operation.
64. CONSTRUCTION NOISE. Between the hours of 8:00 a.m. to 8:00 p.m., weekdays and
9:00 a.m. to 7:00 p.m. weekends and holidays, construction, alteration or repair activities
shall be allowed. No individual piece of equipment shall produce a noise level exceeding
eighty -five (85) dBA at twenty -five (25) feet. If the device is located within a Structure
on the property, the measurement shall be made at distances as close to twenty-five (25)
feet from the device as possible. The noise level at any point outside of the property
plane shill not exceed eighty -five (85) dBA.
65. CONSTRUCTION MANAGEN'IENT PLAN. The Applicant shall submit a construction
management plan that shall incorporate at a minimum the Earth Movement Plan, Traffic
Control Plan, Project Schedule, site security fencing, employee parking, construction
staging area, construction trailer, and proposed outhouse locations.
66. HAULING OF SOIL. Hauling of soil on or off -site shall not occur during the morning or
evening peak periods (between 7:00 a.m. and 9:00 a.m.. and between 4:00 p.m. and 6:00
p.m.). Prior to the issuance of a building permit. the developer shall work with the Town
Building and Engineering Inspectors to devise a traffic control plan to ensure safe and
efficient traffic flow under periods when soil is hauled on or off the project site. This
may include, but is not limited to provisions for the developeriowner to place
construction notification signs noting the dates and time of construction and hauling
activities, or providing additional traffic control. Coordination with other significant
projects in the area may also be required. Cover all trucks hauling soil, sand, and other
loose debris or require all trucks to maintain at least two feet of Freeboard.
67. SANITARY SEWER LATERAL. Sanitary sewer laterals shall be televised by NVest
Vallev Sanitation District and approved by the Town of Los Gatos before they are used
or reused. A sanitary sewer clean -out shall be installed at the property line.
Conditions of Approval
550 Hubbell Way —U -13 -005, M -13 -001, S -13 -008 through S -13 -011
pane 9 of 11
68. SANITARY SEWER BACKWATER VALVE. Drainage piping serving fixtures which
have flood level rims less than twelve (12) inches (304.8 mm) above the elevation of the
next upstream manhole and/or 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 Administrative (Sec. 6.50.025).
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 section 103(e) of the Uniform Plumbing Code adopted by section
6.50.010 of the Town Code and maintain such device in a functional operating condition.
Evidence of West Valley Sanitation District's decision on whether a backwater device is
needed shall be provided prior to issuance of a building permit.
69. BEST MANAGEMENT PRACTICES (BMP's). Best Management Practices (BMPs)
shall be placed and maintained for all areas that have been graded or disturbed and for all
material, equipment and /or operations that need protection. Temporary removal of BMPs
during construction activities shall be placed at the end of each working day.
70. SITE DESIGN MEASURES. All projects must incorporate the following measures to
the maximum extent practicable:
a. Protect sensitive areas and minimize changes to the natural topography.
b. Minimize impervious surface areas.
C. Direct roof downspouts to vegetated areas where feasible.
d. Use permeable pavement surfaces where feasible.
e. Use landscaping to treat stormwater.
71. CONSTRUCTION ACTIVITES. All construction shall conform to the latest
requirements of the CASQA Stormwater Best Management Practices Handbooks for
Construction Activities and New Development and Redevelopment, the ABAG Manual
of Standards for Erosion & Sediment Control Measures, the Towns grading and erosion
control ordinance and other generally accepted engineering practices for erosion control
as required by the Town Engineer when undertaking construction activities.
72. EROSION CONTROL. Interim and final erosion control plans shall be prepared and
submitted to the Engineering Department of the Parks & Public Works Department. A
maximum of two weeks is allowed between clearing of an area and stabilizing /building
on an area if grading is allowed daring 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 darns, retention basins, etc.
Provide erosion control measures as needed to protect downstream water quality during
winter months. The grading, drainage, and erosion control plans shall be in compliance
with applicable treasures contained in the amended provisions C.3 and C.14 of most
current Santa Clara County NPDES MRP Permit. The Town of Los Gatos Engineering
and 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.
Conditions of Approval
550 Hubbell \ ac —U -L3 -005, M -13 -001, 5 -13 -068 through 5 -13 -01 l
Page I on.( I I
73. DUST CONTROL. Blowing dust shall be reduced by timing construction activities so
that pacing and building construction begin as soon as possible after completion of
grading, and by landscaping disturbed soils as soon as possible. Further, %water trucks
shall be present and in use at the constriction site. All portions of the site subject to
blowing dust shall be c -vatered as often as deemed necessary by the Town, or a minimum
of three times daily, or apply (non - toxic) soil stabilizers on all unpaved access roads.
parking areas, and staging areas at construction sites in order to insure proper control of
blm6ig dust for the duration of the project. Watering on public streets shall not occur.
Streets will be cleaned by street sweepers or by hand as often as deeuned necessary by the
Town Engineer, or at least once a clay. Watering associated with on -site construction
activity shall take place between the hours of 8 a.m. and 5 p.m, and shall include at least
one late - afternoon watering to minimize the effects of blowing dust. All public streets
soiled or littered due to this construction activity shall be cleaned and swept on a daily
basis during the workweek to the satisfaction of the Town. Demolition or earthwork
activities shall be halted when wind speeds (instantaneous gusts) exceed 25 MPH. A11
tricks hauling soil, sand, or other loose debris shall be covered.
74. CONSTRUCTION ACTIVITIES. All construction shall conform to the latest
requirements of the CASQA Stornmwater Best Management Practices Handbooks for
Construction Activities and New Development and Redevelopment, the ABAG Manual
of Standards for Erosion & Sediment Control 'Measures, the Town's grading and erosion
control ordinance and other generally accepted engineering practices for erosion control
as required by the Town Engineer when undertaking construction activities.
75. 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 DUVIPING -
Flow°s 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
NPDL-S Permit. These include storm water reuse via cisterns or rain barrels, directing
runoff from impervious surfaces to vegetated areas and use of permeable surfaces. If dry
wells are to be used they shall be placed 10' minimum from adjacent property line ardor
right of way.
76. SILT AND MUD IN PUBLIC RIGHT -OP -WAY. It is the responsibility of contractor
and home owner to malce slue 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.
77. GOOD IOCSEKEE_PING. Good housekeeping practices shall be observed at all times
during the course of construction. Superintendence of constriction shall be diligently
performed by a person or persons authorized to do so at all times during working hours.
The storing of goods an&or materials on the sidewalk and/or the street will not be
allowed unless a special permit is issued by the Engineering Division. The adjacent
public right -of -way shall be kept clear of all job related dirt and debris at the end of the
day. Dirt and debris shall not be washed into storm drainage facilities. The storing of
goods and materials on the sidewalk andor the street will not be allowed unless a special
permit is issued. Tlne developers representatiwc in chargc shall be at the job site during
all vworking hours. Failure to maintain the public right -of -way according to this condition
may result in the Town performing the required maintenance at the developer's expense.
Conditions of Approval
660 Hubbell Way —U -13 -006, M -13 -001, S -13 -008 through S -13 -011
Page 11 of 11
78. COVERED TRUCKS. All trucks transporting materials to and from the site shall be
covered.
79. UTILITY COMPANY REVIEW. Letters from the electric, telephone, cable; and trash
companies indicating that the proposed improvements and easements are acceptable shall
be provided prior to recordation of the final map.
80. ABOVE GROUND UTILITIES. The applicant shall submit a 76- percent progress
printing to the Town for review of above ground utilities including backflow prevention
devices, fire department connections, gas and water meters, off- street valve boxes,
hydrants, site lighting, electrical /communication/cable boxes, transformers, and mail
boxes. Above ground utilities shall be reviewed and approved by Community
Development prior to issuance of any permit.
81. PRIVATE EASEMENTS. Agreements detailing rights, limitations, and responsibilities
of involved parties shall accompany each private easement. The easements and associated
agreements shall be recorded simultaneously with the final map.
TO TIIE SATISFACTION OF THE SANTA CLARA COUNTY FIRE DEPARTMENT:
82. AUTOMATIC FIRE SPRINKLER SYSTEM REQUIRED. An approved automatic fire
sprinkler system is required for the new residence, hydraulically designed per National
Fire Protection Association (NFPA) Standard 1#131). A State of California (C -16) Fire
Protection contractor shall submit plans, calculations, a completed permit application and
appropriate fees to the Fire Department for approval, prior to beginning their work.
83. POTABLE WATER SUPPLIES. Potable water supplies shall be protected from
contamination caused by fire protection water supplies. The applicant shall contact the
providing water purveyor and shall comply with all requirements of that purveyor. The
fire sprinkler system shall be designed in compliance with water purveyor requirements;
final approval of the system will not be granted by the Fire Department until written
confirmation is received from the water purveyor.
84. CONSTRUCTION FIRE SAFETY. The construction site shall comply with applicable
provisions of the California Fire Code, Chapter 14 and Fire Department Standard Detail
and Specification SI -7.
86. PREMISE IDENTIFICATION. Approved addresses shall be placed on all new buildings
so they are clearly visible and legible from Hubbell Way. Numbers shall be a minimum
Of four inches high and shall contrast with their background.
N DEVCONDITNS'.'- 013'flubbe11130- CUP- .ARS.d.c
Ais Page
Intentionally
I c ft 13lartlt
as550 HUBBELLWAY
=PROJE,GTdDATA,',
EXISTING
CONDITIONS
PROPOSED
PROJECT
REQUIRED/
PERMITTED
Zoning district
RM:12 -20
same
Land use
community center
4 condominiums
General Plan Designation
High Density
Residential
same
Lot size (sq. ft.)
15,165
same
8,000 sq. ft. minimum
Exterior materials:
• siding
stucco
stucco,
stucco /shingles
-
• trim
wood
cast stone, wood
-
• windows
aluminum
wood clad
-
• roofing
composition shingle
clay tile,
composition shingle
-
Building floor area:
• first floor
2,784
919/672
• second floor
-
980/966
• cellar
-
• garage
-
240/472
Setbacks (ft.):
• front
18'
20'
25 feet minimum
• rear
9'
20'
20 feet minimum
• side
.07'
13'7 "/15'11"
8 feet minimum
• side
90'
16716'
8 feet minimum
Maximum height (ft.)
24'
23'8 ", 24'8 ", 24'11 ",
25'9"
30 feet maximum
Building coverage (%)
18.3
31%
40% maximum
Floor Area Ratio (%)
• house
7,074/46.6%
4,975 sq. ft. maximum
• garage
1,423/9.4%
1,085 sq. ft. maximum
Parking
8
8 spaces minimum
Tree Removals
6
canopy replacement
Sewer or septic
sewer
same
\ I)E4`SHZANI'E:DRE NROJECTS\HL'HHELiiO \HL DHEL:41- DATA.DOC EXHIBIT 4
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550 Hubbell Way, Los Gatos
Project Description & Letter of Justification
The project site is located in a neighborhood mostly comprised of apartment complexes.
To the right (east) of the site is a large two -story complex of 4 buildings, with its parking and
garage area adjacent to the common lot line. Behind the site (north) is a 3 -story apartment
building (2 stories over a parking level) that is tall and close to the property line. Across Hubbell
Way is a smaller 2 -story apartment building. Finally, to the left of the site (west) are 2 single -
family dwellings that front on University Avenue. There are 2 pepper trees and 4 acacia trees
proposed to be removed.
The design goals of the new dwellings are to:
- Create 4 new homes that are as similar to single - family dwellings as possible, while
providing the higher - density the zoning allows.
- Create homes that are well- designed, attractive, and will fit into the neighborhood.
- Protect the privacy of the adjacent dwellings to the west and of the apartment building to
the north.
- Protect the privacy of the new homes from one - another.
- Create a project that reduces the likelihood of neighbor conflict.
To achieve these goals, the homes are designed as separate buildings with enough space around
each building for access and maintenance. Each home has a fence - enclosed rear outdoor living
space. The rear 2 houses have driveways along the side property lines so as to use the driveway
and turning areas as a buffer from the adjacent properties (the new homes are set back 14 to 16'
from the side property lines, instead of the minimum 8'). The new homes also have only small
windows on the 2 "d -floor walls that face each other. Trees are proposed along the north property
line to provide mutual privacy from the tall apartment building.
The driveways were designed not to be shared for two reasons:
- By accessing the rear house with driveways along the side property lines, all the houses
are further from adjacent neighbors. The added distance is particularly helpful for the
neighbors to the west, as it improves their privacy, views and light (the fiont house
garages cannot be accessed from the side driveways as the required 25 foot backup is not
feasible).
- The separate driveways enhance the distinction between the homes, making them more
like single - family dwellings. Also, not sharing the driveways makes it easy to delineate
who is responsible for the repair and maintenance of each driveway, so there are fewer
conflicts between neighbors.
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