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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 U o M M 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 Of Attachment 1 ThjS DC. Intentionally Left Blank 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. !a?tl?l�i3Y 5 of .Attachment 1 This Page Intentionally Left Blank