Attachment 1 Exhibit 1-7owx F
:. TOWN OF LOS GATOS
PLANNING COMMISSION STAFF REPORT
Meeting Date: March 11, 2015
PREPARED BY: Jennifer Savage, Senior Planner
isavaize@losgatosca.gov
APPLICATION NO: Architecture and Site Application S -14 -036
ITEM NO: 3
LOCATION: 240 El Cajon Way (southwest side of El Cajon Way, between
Las Miradas Drive and Arroyo Grande Way)
APPLICANT/
CONTACT PERSON/
PROPERTY OWNER: Dmitry Lebedenko
APPLICATION SUMMARY: Requesting approval to demolish an existing single - family
residence and to construct a new single - family residence on
property zoned R -1:8. APN 424 -24 -042.
DEEMED COMPLETE: February 25, 2015
FINAL DATE TO TAKE ACTION: August 25, 2015
RECOMMENDATION: Denial.
PROJECT DATA: General Plan Designation: Low Density Residential
Zoning Designation: R -1:8 — Single - Family
Residential, 8,000 square foot lot
minimum
Applicable Plans & Standards: General Plan; Residential Design
Guidelines;
Parcel Size: 7,772 square feet
Surrounding Area:
CEQA: The project is C ategorically Exempt pursuant to the adopted
Guidelines for the Implementation of the California
Environmental Quality Act, Section 15303: New Construction or
Conversion of Small Structures.
ATTACHMENT 1'
e
General Plan
Zoning
Low Density Residential
R -1:8
JWest
WResidential
Low Density Residential
R -1:8
Low Density Residential
R -1.8
Low Densit Residential
R -1:8
CEQA: The project is C ategorically Exempt pursuant to the adopted
Guidelines for the Implementation of the California
Environmental Quality Act, Section 15303: New Construction or
Conversion of Small Structures.
ATTACHMENT 1'
Planning Commission Staff Report - Page 2
240 El Cajon Way/ S -14 -036
March 11, 2015
FINDINGS: ■ As required, pursuant to the adopted Guidelines for the
Implementation of the California Environmental Quality Act,
this project is Categorically Exempt, Section 15303: New
Construction or Conversion of Small Structures.
• As required by Section 29.10.09030(e) of the Town Code for
the demolition of a single - family residence.
• As required by Section 29.40.075(c) of the Town Code for
granting approval to exceed the FAR.
• As required by the Residential Design Guidelines that the
project complies with the Residential Design Guidelines.
CONSIDERATIONS: ■ As required by Section 29.20.150 of the Town Code for
granting approval of an Architecture and Site application.
ACTION: The decision of the Planning Commission is final unless
appealed within ten days.
EXHIBITS: 1.
Location Map
2.
Findings
3.
Recommended Conditions of Approval
4.
Project Data Sheet Completed by the Applicant (one page)
5.
Letter of Justification received April 30, 2014 (one page)
6.
Communication with the neighbors received June 2, 2014
(one page)
7.
Architectural Consultant Report received on July 1, 2014
8.
Architectural Consultant Report received on November 13,
2014
9.
Arborist Consultant Report received on June 24, 2014
10. Two -story homes map received on February 24, 2015
11. Previously proposed Development Plans received on April
20, 2014 (13 sheets)
12. Previously proposed Development Plans received on October
17, 2014 (14 sheets)
13. Currently proposed Development Plans received on January
29, 2015 (13 sheets)
BACKGROUND:
The subject site contains an existing single - family dwelling and attached garage. The structure
was built in 1959. There is a 58 -inch diameter Coast Live Oak at the rear of the property.
The project is being forwarded to the Planning Commission because the project would result in
Planning Commission Staff Report - Page 3
240 El Caion Way/ 5 -14 -036
March 11, 2015
the only two story home in the immediate neighborhood and would exceed the maximum floor
area ratio.
PROJECT DESCRIPTION:
A. Architecture and Site Application
The applicant is proposing a 3,122- square foot single - family residence with a 600 - square
foot garage. Of the 3,122 square feet, 625 square feet is attic space that counts towards the
floor area ratio. The applicant is also proposing a 1,698- square foot cellar that does not
count towards the floor area ratio.
The project would be 21 feet, 10 inches high. Materials would consist of hardie shingle
siding, hardie lap siding, brick siding, fiber glass windows, and a composition shingle roof.
A color and material board will be available at the Planning Commission meeting.
Exhibit 4 provides general project data. A letter of justification is attached as Exhibit 5 and
the current development plans are attached as Exhibit 13.
B. Location and Surrounding Neighborhood
The project site is located on the southwest side of El Cajon Way, between Las Miradas
Drive and Arroyo Grande Way (Exhibit 1). Surrounding properties contain single - family
residences.
C. Zoning Compliance
The proposed project complies with the setback, height, and structure coverage limitations.
The zoning permits a single- family residence.
ANALYSIS:
A. Floor Area
Based on Town and County records, the residences in the immediate neighborhood range
in size from 1,148 square feet to 1,566 square feet. The floor area ratios (FAR) range from
0.14 FAR to 0.22 FAR. The proposed residence would be 3,122 square feet with a 0.40
FAR. Pursuant to Town Code, the maximum square footage for the lot size is 2,547 square
feet.
The following Neighborhood Analysis table reflects current conditions of the immediate
neighborhood.
Planning Commission Staff Report - Page 4
240 El Caion Way/ S -14 -036
March 11, 2015
e i orhood Aoaiysis
Address' '"
House SF
Garage SF
Lot Size SF
House FAR
232 Las Miradas
1,292
428
6,386
0.20
230 El Cajon
1,148
428
7,700
0.15
244 El Cajon
1,148
428
8,400
0.14
248 El Cajon
1,148
428
6,072
0.19
245 El Cajon
1,539
428
8,500
0.18
241 El Cajon
1,148
428
6,324
0.18
239 El Cajon
1,148
428
6,256
0.18
235 El Cajon
1,566
389
7,350
0.21
231 El Cajon
1,292
428
9,398
0.14
227 Las Miradas
1,501
428
6,716
0.22
240 El Cajon (N)
3,122
600
7,772
0.40
At 3,122 square feet and 0.40 FAR, the residence would be the largest home in the
immediate neighborhood in terms of square footage and FAR.
The Residential Design Guidelines specify that residential development shall be similar in
mass, bulk and scale to the immediate neighborhood. The Guidelines also specify that
consideration will be given to the existing FARs, residential square footages, and lot sizes
in the neighborhood. The guidelines state that less weight will be given to houses located
at a greater distance from the subject property than the houses in the immediate
neighborhood. There are some two story homes in the area bounded by Los Gatos Creek,
Lark Avenue, and Highway 17, but beyond the immediate neighborhood such as 260 El
Cajon Way. The applicant provided a map and pictures showing the two story homes
(Exhibit 10).
A request to exceed the maximum FAR may be granted if the deciding body can make the
following findings:
(1) The design theme, sense of scale, exterior materials and details of the proposed
project are consistent with the provisions of
a. Any applicable landmark and historic preservation overlay zone; and
b. Any applicable specific plan; and
c. The adopted residential development standards; and
(2) The lot coverage, setbacks and FAR of the proposed project are not compatible with
the development on surrounding lots.
Planning Commission Staff Report - Page 5
240 El Caion Way/ S -14 -036
March 11, 2015
B. Architectural Considerations
Staff requested that the Town's Architectural Consultant review the project (Exhibit 11) to
provide recommendations regarding architecture and neighborhood compatibility. In the
first review, the consultant identified the proposal as a significant departure from the one
story homes nearby (Exhibit 7). The consultant provided recommended modifications to
the building scale should the Planning Commission find merit with a two story house.
The applicant revised the project (Exhibit 12). The consultant found that, although the
applicant's modifications reduced the height, the project would be taller and larger than
those in the immediate neighborhood (Exhibit 8). The current plans reflect the consultant's
recommendations but the project would still result in the only two story in the immediate
neighborhood (Exhibit 13).
C. Tree Impacts
The development plans were reviewed by the Town's Consulting Arborist (Exhibit 9). The
arorist recommended removing two of the trees (one dead Monterey Cypress and one
Hollywood juniper) due to the proposed construction and the condition of the trees.
Replacement trees would be required to be planted pursuant to Town Code. Tree
protection measures are incorporated as conditions of approval to protect the trees to
remain on the subject property and within the development area.
D. General Plan
The goals and policies of the 2020 General Plan applicable to this project include but are
not limited to:
• Policy LU -6.7 — Continue to encourage a variety of housing types and sizes that is
balanced throughout the Town and within neighborhoods, and that is also compatible
with the character of the surrounding neighborhood.
• Policy LU -6.8 — New construction, remodels, and additions shall be compatible and
blend with the existing neighborhood.
• Policy CD -1.2 — New structures, remodels, landscapes, and hardscapes shall be
designed to harmonize and blend with the scale and rhythm of the neighborhood and
natural features in the area.
E. Environmental Review
The project is Categorically Exempt pursuant to the adopted Guidelines for the
Implementation of California Environmental Quality Act, Section 15303: New
Construction or Conversion of Small Structures.
Planning Commission Staff Report - Page 6
240 El Cajon Way/ 5 -14 -036
March 11, 2015
PUBLIC COMMENTS:
At this time, the Town has not received any public comment. The applicant has spoken with
neighbors (Exhibit 6).
SUMMARY AND RECOMMENDATION:
A. Summary
The proposed project would allow the applicant to construct a new single - family dwelling.
However, the project does not comply with the Residential Design Guidelines because the
project would create the only two story residence in the immediate neighborhood. Staff
could not make the findings required to exceed the FAR because project would create the
largest home in terms of square footage and FAR.
B. Recommendation
Staff recommends denial of the Architecture and Site applications because the project
would create the only two story home in the immediate neighborhood and the largest home
in terms of square footage and FAR.
Alternatively, if the Planning Commission finds merit with the proposed project, it should:
1. Find that the proposed project is categorically exempt, pursuant to Section 15303 of
the California Environmental Quality Act as adopted by the Town (Exhibit 2); and
2. Make the required findings as required by Section 29.10.09030(e) of the Town
Code for granting approval of a demolition of a single - family residence (Exhibit 2);
and
3. Make the required findings as required by Section 29.40.075(c) of the Town Code
for granting approval of a request to exceed the FAR (Exhibit 2); and
4. Make the finding that the project complies with the Residential Design Guidelines
(Exhibit 2); and
5. Make the required considerations as required by Section 29.20.150 of the Town
Code for granting approval of an Architecture & Site application (Exhibit 2); and
6. Approve Architecture and Site Application S -14 -036 with the conditions contained
in Exhibit 3 and development plans attached as Exhibit 13.
It should be noted that staff could not make all of the findings in Exhibit 2. Exhibit 2 must
be modified with respect to the Residential Design Guidelines and the request to exceed the
maximum floor area (Town Code Section 29.40.075(2)) if the Planning Commission finds
merit to approve the project.
Planning Commission Staff Report - Page 7
240 El Cajon Way/ S -14 -036
March 11, 2015
If the Commission has concerns with the proposed project, it can:
1. Continue the matter to a date certain with specific direction; or
2. Approve the application with additional and/or modified conditions.
4t1 �(i
Prr pared by: ,' i' A proved by:
J rnnifer L. avag , ICP Laurel R. Prevetti
Senior Planner Assistant Town Manager /Community
Development Director
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cc: Dmitry Lebendenko, 240 El Cajon, Los Gatos, CA 95032
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PLANNING COMMISSION —March 11, 2015
REQUIRED FINDINGS & CONSIDERATIONS FOR:
240 El Cajon Way
Architecture and Site Application 5 -14 -036
Requesting approval to demolish an existing single- family residence and to construct a new
single - family residence on property zoned R -1:8. APN 424 -24 -042.
PROPERTY OWNER/APPLICANT: Dmitry Lebedenko
FINDINGS
Required finding for CEQA:
■ The project is Categorically Exempt pursuant to the adopted Guidelines for the
Implementation of the California Environmental Quality Act, Section 15303: New
Construction or Conversion of Small Structures.
Required finding for the demolition of a single - family residence:
■ As required by Section 29.10.09030(e) of the Town Code for the demolition of a single -
family residence:
1. The Town's housing stock will be maintained as the single - family residence will be
replaced.
2. The existing structures have no architectural or historical significance, and are in poor
condition.
3. The property owner does not desire to maintain the structures as they exist; and
4. The economic utility of the structures was not considered.
Required finding for exceeding the maximum Floor Area Ratio:
■ As required by Section 29.40.075 of the Town Code, the deciding body may allow a FAR in
excess of the FAR derived by the formulas in subsections (b)(1), (2), and (3) above if it
makes the following findings:
(1) The design theme, sense of scale, exterior materials and details of the proposed project
are consistent with the provisions of
a. Any applicable landmark and historic preservation overlay zone; and
b. Any applicable specific plan; and
c. The adopted residential development standards; and
(2) The lot coverage, setbacks and FAR of the proposed project are not compatible with the
development on surrounding lots.
1:11:
3/11/15 PC Staff Rpt
Required Compliance with the Residential Design Guidelines:
■ The project is not in compliance with the Residential Design Guidelines for single - family
homes not in hillside residential areas.
CONSIDERATIONS
Required considerations in review of Architecture & Site applications:
■ As required by Section 29.20.150 of the Town Code, the considerations in review of an
Architecture and Site application were all made in reviewing this project.
N:\DE VFIN DINGS\20I5\ELCAJON240.DOCX
PLANNING COMMISSION
CONDITIONS OF APPROVAL — March 11, 2015
240 El Caion Wav
Architecture and Site Application S -14 -036
Requesting approval to demolish an existing single - family residence and to construct a new
single - family residence on property zoned R -1:8. APN 424 -24 -042.
PROPERTY OWNER/APPLICANT: Dmitry Lebedenko
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 and noted
as received by the Town on January 29, 2015. Any changes or modifications to the
approved plans shall be approved by the Community Development Director, the
Development Review Committee, the Planning Commission, or Town Council, depending
on the scope of the changes.
2. EXPIRATION: The approval will expire two years from the approval date pursuant to
Section 29.20.320 of the Town Code, unless the approval has been vested.
3. OUTDOOR LIGHTING: Exterior lighting shall be kept to a minimum, and shall be down
directed fixtures that will not reflect or encroach onto adjacent properties. No flood lights
shall be used unless it can be demonstrated that they are needed for safety or security. The
lighting plan shall be reviewed during building plan check.
4. GENERAL: All existing trees shown on the plan and trees required to remain or to be
planted are specific subjects of approval of this plan, and must remain on the site.
5. TREE REMOVAL PERMIT: A Tree Removal Permit shall be obtained for any trees to be
removed, prior to the issuance of a building or grading permit.
6. ARBORIST REQUIREMENTS: The developer shall implement, at their cost, all
recommendations made by Deborah Ellis, M.S., identified in the Arborist's report, dated as
received June 24, 2014, on file in the Community Development Department. A
Compliance Memorandum shall be prepared by the applicant and submitted with the
building permit application detailing how the recommendations have or will be
addressed. These recommendations must be incorporated in the building permit plans, and
completed prior to issuance of a building permit where applicable.
7. TREE FENCING: Protective tree fencing shall be placed at the drip line of existing trees
prior to issuance of demolition and building permits and shall remain through all phases of
construction. Refer to tree fencing requirements identified in the Arborist's report,
prepared by Deborah Ellis, M.S., dated as received June 24, 2014, on file in the
Community Development Department. Include a tree protection fencing plan with the
construction plans.
8. SALVAGE OF BUILDING MATERIALS: Prior to the issuance of a demolition permit,
the developer shall provide the Community Development Director with written notice of
the company that will be recycling the building materials. 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
cn:
3/11/15 PC staff Rpt
materials, noting the type and weight of materials, shall be submitted to the Town prior to
the Town's demolition inspection.
9. STORY POLES: The story poles on the project site shall be removed within 30 days of
approval of the Architecture & Site application.
10. PLAN CONSISTENCY: The applicant shall implement, at their cost, revised plans that
show the floor plans and the elevations are consistent. These modifications must be
incorporated in the building permit plans, and completed prior to issuance of a building
permit, where applicable.
11. 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.
Building Division
12. PERMITS REQUIRED: A Building Permit shall be required for the demolition of the
existing single - family residence and construction of the new single - family residence.
Separate permits are required for electrical, mechanical, and plumbing work as necessary.
13. 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.
14. SIZE OF PLANS: Four sets of construction plans, minimum size 24" x 36 ", maximum
size 30" x 42 ".
15. DEMOLITION REQUIREMENTS: Obtain a Building Department Demolition Application
and a Bay Area Air Quality Management District Application from the Building
Department Service Counter. Once the demolition form has been completed, all signatures
obtained, and written verification from PG &E that all utilities have been disconnected,
return the completed form to the Building Department Service Counter with the air
District's J# Certificate, PG &E verification, and three (3) sets of site plans showing all
existing structures, existing utility service lines such as water, sewer, and PG &E. No
demolition work shall be done without first obtaining a permit from the Town.
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. As an alternate, the necessary foundation elements can be
designed by a licensed Civil Engineer to the Minimum Requirements of Chapter 4 of the
2013 California Residential Code.
17. FOUNDATION INSPECTIONS: A pad certificate prepared by a licensed civil engineer or
land surveyor shall be submitted to the project building inspector at foundation inspection.
This certificate shall certify compliance with the recommendations as specified in the soils
report, and that the building pad elevation and on -site retaining wall locations and
elevations have been prepared according to the approved plans. Horizontal and vertical
controls shall be set and certified by a licensed surveyor or registered civil engineer for the
following items:
a. Building pad elevation
b. Finish floor elevation
c. Foundation comer locations
d. Retaining Walls
18. RESIDENTIAL TOWN ACCESSIBILITY STANDARDS: The residence shall be
designed with adaptability features for single family residences per Town Resolution 1994-
61:
a. Wood backing (2" x 8" minimum) shall be provided in all bathroom walls at water
closets, showers, and bathtubs, located 34- inches from the floor to the center of the
backing, suitable for the installation of grab bars.
b. All passage doors shall be at least 32- inches wide on the accessible floor.
c. Primary entrance shall be a 36 -inch wide door including a 5'x5' level landing, no
more than 1/2 -inch out of plane with the immediate interior floor level with an 18-
inch clearance at interior strike edge.
d. Door buzzer, bell or chime shall be hard wired at primary entrance.
19. TITLE 24 ENERGY COMPLIANCE: All required California Title 24 Energy Compliance
Forms must be blue - lined, i.e. directly printed, onto a plan sheet.
20. 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.
21. TOWN FIREPLACE STANDARDS: New wood burning fireplaces shall be an EPA Phase
II approved appliance as per Town Ordinance 1905. Tree limbs shall be cut within 10 -feet
of Chimney.
22. HAZARDOUS FIRE ZONE: The project requires a Class A Roof assembly.
23. SPECIAL INSPECTIONS: When a special inspection is required by CBC Section 1704,
the architect or engineer of record shall prepare an inspection program that shall be
submitted to the Building Official for approval prior to issuance of the building permit. The
Town Special Inspection form must be completely filled -out and signed by all requested
parties prior to permit issuance. Special Inspection forms are available from the Building
Division Service Counter or online at www.losgatosca.gov/building
24. BLUE PRINT FOR A CLEAN BAY SHEET: The Town standard Santa Clara County
Valley Nonpoint Source Pollution Control Program Sheet (2406) shall be part of the plan
submittal as the second page. The specification sheet is available at the Building Division
Service Counter for a fee of $2 or at ARC Blue Print for a fee or online at
www.losgatosca.gov/buildin .
25. APPROVALS REQUIRED: The project requires the following departments and agencies
approval before issuing a building permit:
a. Community Development — Planning Division: Jennifer Savage at (408) 399 -5702
b. Engineering/Parks & Public Works Department: Trang Tu- Nguyen at (408) 354 -5236
c. Santa Clara County Fire Department: (408) 378 -4010
d. West Valley Sanitation District: (408) 378 -2407
e. Local School District: The Town will forward the paperwork to the appropriate
school district(s) for processing. A copy of the paid receipt is required prior to permit
issuance.
f. Bay Area Air Quality Management District: (415) 771 -6000
TO THE SATISFACTION OF THE DIRECTOR OF PARKS AND PUBLIC WORKS:
Engineering
26. GENERAL: All public improvements shall be made according to the latest adopted Town
Standard Drawings and the Town 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
will not be allowed unless a special permit is issued. The developer's representative in
charge shall be at the job site during all working hours. Failure to maintain the public
right -of -way according to this condition may result in the Town performing the required
maintenance at the developer's expense.
27. APPROVAL: This application shall be completed in accordance with all the conditions of
approvals listed below and in substantial compliance with the latest reviewed and approved
development plans. Any changes or modifications to the approved plans or conditions of
approvals shall be approved by the Town Engineer
28. ENCROACHMENT PERMIT: All work in the public right -of -way will require a
Construction Encroachment Permit. All work over $5,000 will require construction
security. It is the responsibility of the applicant/developer to obtain any necessary
encroachment permits from affected agencies and private parties, including but not limited
to, Pacific Gas and Electric (PG &E), 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.
29. PUBLIC WORKS INSPECTIONS: The developer or his representative shall notify the
Engineering Inspector at least twenty -four (24) hours before starting any work pertaining to
on -site drainage facilities, grading or paving, and all work in the Town's right -of -way.
Failure to do so will result in rejection of work that went on without inspection.
30. 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. Improvements such as, but not limited to: curbs, gutters,
sidewalks, driveways, signs, pavements, raised pavement markers, thermoplastic pavement
markings, etc. shall be repaired and replaced to a condition equal to or better than the
original condition. Existing improvement to be repaired or replaced shall be at the
direction of the Engineering Construction Inspector, and shall comply with all Title 24
Disabled Access provisions. Developer shall request a walk- through with the Engineering
Construction Inspector before the start of construction to verify existing conditions.
31. SITE SUPERVISION: The General Contractor shall provide qualified supervision on the
job site at all rimes during construction
32. STREET /SIDEWALK CLOSURE: Any proposed blockage or partial closure of the
sidewalk requires an encroachment permit. Special provisions such as limitations on works
hours, protective enclosures, or other means to facilitate public access in a safe manner
may be required.
33. TREE REMOVAL: Copies of all necessary Tree Removal Permits shall be provided prior
to issuance of a grading permit/building permit.
34. 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.
35. SOILS ENGINEER CONSTRUCTION OBSERVATION: During construction, all
excavations and grading shall be inspected by the applicant's soils engineer prior to
placement of concrete and /or backfill 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 Town before final release of any occupancy
permit is granted.
36. 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.
37. 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. The limits of sidewalk repair will be determined by the Engineering Construction
Inspector during the construction phase of the project.
38. 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. The limits of curb and gutter repair
will be determined by the Engineering Construction Inspector during the construction
phase of the project.
39. DRIVEWAY APPROACH: The developer shall install 1 Town standard residential. The
new driveway approach shall be constructed per Town Standard Details.
40. FENCING: Any fencing proposed within 200 -feet of an intersection shall comply with
Town Code Section §23.10.080.
41. 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.
42. FENCES: Fences between all adjacent parcels will need to be located on the property
lines/boundary lines. Any existing fences encroached into the neighbors will need to be
removed and replaced to the correct location of the boundary lines. Waiver of this
condition will require signed and notarized letters from all affected neighbors.
43. 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 convention:
a) Building Outline, Layer: BLDG - OUTLINE; b) Driveway, Layer: DRIVEWAY; c)
Retaining Wall, Layer: RETAINING WALL; d) Swimming Pool, Layer: SWIMMING -
POOL; e) Tennis Court, Layer: TENNIS - COURT; f) Property Line, Layer: PROPERTY -
LINE; g) Contours, Layer: NEWCONTOUR. All as-built digital files must be on the same
coordinate basis as the Town's survey control network and shall be submitted in AutoCAD
version 2000 or higher.
44. CONSTRUCTION STREET PARKING: No vehicle having a manufacture's rated gross
vehicle weight exceeding ten thousand (10,000) pounds shall be allowed to park on the
portion of a street which abuts property in a residential zone without prior to approval from
the Town Engineer.
45. HAULING OF SOIL: Hauling of soil on or off -site shall not occur during the morning or
evening peak periods (between 7:00 a.m. and 9:00 a.m. and between 4:00 p.m. and 6:00
p.m.). Prior to the issuance of a building permit, the developer shall work with the Town
Building and Engineering Department Engineering Inspectors to devise a traffic control
plan to ensure safe and efficient traffic flow under periods when soil is hauled on or off the
project site. This may include, but is not limited to provisions for the developer /owner to
place construction notification signs noting the dates and time of construction and hauling
activities, or providing additional traffic control. Coordination with other significant
projects in the area may also be required. Cover all trucks hauling soil, sand, and other
loose debris.
46. 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 shall
not exceed eighty -five (85) dBA.
47. 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 flusing 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. The Town shall not incur
any liability or responsibility for damage resulting from a sewer overflow where the
property owner or other person has failed to install a backwater valve as defined in the
Uniform Plumbing Code adopted by the Town and maintain such device in a functional
operation condition. Evidence of West Sanitation District's decision on whether a
backwater device is needed shall be provided prior to issuance of a building permit.
48. CONSTRUCTION MANAGEMENT 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, concrete washout, and proposed outhouse locations.
49. BEST MANAGEMENT PRACTICES (BMP's): The applicant is responsible for ensuring
that all contractors are aware of all storm water quality measures and such measures are
implemented. Best Management Practices (BMPs) shall be maintained and be placed for
all areas that have been graded or disturbed and for all material, equipment and/or
operations that need protection. Removal of BMPs (temporary removal during construction
activities) shall be placed at the end of each working day. Failure to comply with the
construction BMP will result in the issuance of correction notices, citations, or stop orders.
50. SITE DESIGN MEASURES: All projects must incorporate the following measures:
a. Protect sensitive areas and minimize changes to the natural topography.
b. Minimize impervious surface areas.
c. Direct roof downspouts to vegetated areas.
d. Use permeable pavement surfaces on the driveway, at a minimum.
e. Use landscaping to treat stormwater.
51. DUST CONTROL: Blowing dust shall be reduced by timing construction activities so that
paving and building construction begin as soon as possible after completion of grading, and
by landscaping disturbed soils as soon as possible. Further, water trucks shall be present
and in use at the construction site. All portions of the site subject to blowing dust shall be
watered as often as deemed necessary by the Town, or a minimum of three times daily, or
apply (non- toxic) soil stabilizers on all unpaved access roads, parking areas, and staging
areas at construction sites in order to insure proper control of blowing dust for the duration
of the project. Watering on public streets shall not occur. Streets will be cleaned by street
sweepers or by hand as often as deemed necessary by the Town Engineer, or at least once a
day. Watering associated with on -site construction activity shall take place between the
hours of 8 a.m. and 5 p.m. and shall include at least one late- afternoon watering to
minimize the effects of blowing dust. All public streets soiled or littered due to this
construction activity shall be cleaned and swept on a daily basis during the workweek to
the satisfaction of the Town. Demolition or earthwork activities shall be halted when wind
speeds (instantaneous gusts) exceed 25 MPH. All trucks hauling soil, sand, or other loose
debris shall be covered.
52. CONSTRUCTION ACTIVITIES: All construction shall conform to the latest requirements
of the CASQA Stormwater Best Management Practices Handbooks for Construction
Activities and New Development and Redevelopment, the 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.
53. SITE DRAINAGE: Rainwater leaders shall be discharged to splash blocks. No through
curb drains will be allowed. Any storm drain inlets (public or private) directly connected
to public storm system shall be stenciled/signed with appropriate "NO DUMPING - Flows
to Bay" NPDES required language. On -site drainage systems for all projects shall include
one of the alternatives included in section C.3.i of the Municipal Regional NPDES Permit.
These include storm water reuse via cisterns or rain barrels, directing runoff from
impervious surfaces to vegetated areas and use of permeable surfaces. If dry wells are to
be used they shall be placed 10' minimum from adjacent property line and /or right of way.
54. SILT AND MUD IN PUBLIC RIGHT -OF -WAY: It is the responsibility of contractor and
home owner to make sure that all dirt tracked into the public right -of -way is cleaned up on
a daily basis. Mud, silt, concrete and other construction debris SHALL NOT be washed
into the Town's storm drains.
55. GOOD HOUSEKEEPING: Good housekeeping practices shall be observed at all times
during the course of construction. Superintendence of construction shall be diligently
performed by a person or persons authorized to do so at all times during working hours.
The storing of goods and/or materials on the sidewalk and/or the street will not be allowed
unless 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 and/or the street will not be allowed unless a special permit is
issued. The developer's representative in charge shall be at the job site during all working
hours. Failure to maintain the public right -of -way according to this condition may result in
the Town performing the required maintenance at the developer's expense.
TO THE SATISFACTION OF THE SANTA CLARA COUNTY FIRE DEPARTMENT:
56. FIRE SPRINKLERS REQUIRED: An automatic residential fire sprinkler system shall be
installed in one- and two - family dwellings as follows: In all new one- and two - family
dwellings and in existing one- and two - family dwellings when additions are made that
increase the building area to more than 3,600 square feet. Exception: A one -time addition
to an existing building that does not total more than 1,000 square feet of building area.
Note: The owner(s), occupant(s), and any contractor(s) or subcontractor(s) are responsible
for consulting with the water purveyor of record in order to determine if any modification
or upgrade of the existing water service is required. Note: Covered porches, patios,
balconies, and attic spaces may require fire sprinkler coverage. A State of California
licensed (C -16) Fire Protection Contractor shall submit plans, calculations, a completed
permit application and appropriate fees to the Fire Department for review and approval
prior to beginning their work.
57. WATER SUPPLY REQUIREMENTS: Potable water supplies shall be protected from
contamination caused by fire protection water supplies. It is the responsibility of the
applicant and any contractors and subcontractors to contact the water purveyor supplying
the site of such project, and to comply with the requirements of that purveyor. Such
requirements shall be incorporated into the design of any water -based fire protection
systems, and/or fire suppression water supply systems or storage containers that may be
physically connected in any manner to an appliance capable of causing contamination of
the potable water supply of the purveyor of record. Final approval of the system(s) under
consideration will not be granted by the Fire Department until compliance with the
requirements of the water purveyor of record are documented by that purveyor as having
been met by the applicant(s).
58. ADDRESS IDENTIFICATION: New and existing buildings shall have approved address
numbers, building numbers, or approved building identification placed in a position that is
plainly legible and visible from the street or road fronting the property. These numbers
shall contrast with their background. Address numbers shall be Arabic numbers or
alphabetic letters. Numbers shall be a minimum of 4 inches (101.6 mm) high with a
minimum stroke width of 0.5 inch (12.7 mm). Where access is by means of a private road
and the building cannot be viewed from the public way, a monument, pole or other sign or
means shall be used to identify the structure.
59. CONSTRUCTION SITE FIRE SAFETY: All construction sites must comply with
applicable provisions of the CFC Chapter 33 and Standard Detail and Specification SI -7.
Provide appropriate notations on subsequent plan submittals, as appropriate to the project.
N: \DE V \CONDITIONS\2015\EICaj on240.docx
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RECEIVED
Letter of Justification for 240 El Cajon Way, Los Gatos, C*R 3 02014
A. Description of the proposed request: We are requesting to remove the J F LOS u, � C S
structure on the roe NG DIVISION
property rty and build in it place a brand new 2,500 square Moot
that the owners will live in.
B. Benefit to the Community if the Project should be approved: The proposed
construction will be family friendly and improve the economic and aesthetic value
of the neighborhood. We will be using factory built modules to minimize
construction waste and reduce impact on our neighbors during construction. We
will use natural light from windows and skylights to conserve energy. We will
propose minimum windows facing our neighbors to respect their privacy. We
will use trees and plants in the front and back to reduce the appearance of the
mass and give privacy to our neighbors. We will give preference to native plants
to reduce garden water usage. We will collect recycled rain water by means of a
barrel in the side yard. We will preserve the existing trees and protect the oak
tree. To minimize the mass of the second floor and protect the oak tree by not
building close to it, we are proposing a cellar, which will be used for storage and
recreation. We will also minimize the mass of the second floor by using shed
dormers. To make the dormers proportional, we are proposing an extension of the
2nd floor for attic space, which will be used for an electrical system and storage.
The attic space will have a maximum ceiling height of less than 7.5 feet. In all
aspects of our proposal, we are adhering to the design guidelines of the Town of
Los Gatos. The proposed structure will have a modern, Craftsman style, which
will appear friendly to the street. The recessed front entry will look pleasing and
inviting. The garage will be recessed and masked by a trellis. Garage door panels
and windows will minimize the garage's appearance. The exterior will be
finished with high quality materials that match the immediate neighborhood.
C. No traffic impact
D. Our proposed residence is justified because the new house will be more
architecturally sound than the current structure and have a greater value for the
owners and community. The current structure is not strong enough to support a
second story, and the oak tree limits expansion in the back yard.
E. Our proposal meets the Town's housing needs as identified in the General Plan.
It will be visually pleasing and environmentally friendly.
F. Our surveyor found that our lot is 7,772 square feet, which is larger than the
county records show. Therefore, we are asking for a 2,500 square foot home.
G. No conditional use permit requested
April 1, 2014 —
Dmitry Lebedenko
Sheila Lebedenko =
EXHIBIT 5
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D," f'-`1 Le ed-e' l c .
Communicating with Neighbors about Construction
a. We spoke to our immediate neighbors:
Charles, Charlotte Sharples, 231 El Cajon Way LG
Jeff and Holly Benjamin, 235 El Cajon Way LG
Jeff Olsen, 239 El Cajon Way LG
Dave and Jen Adams, 241 El Cajon Way LG
Glenn Collyer, 245 El Cajon Way LG
Mike, Sheens Brownell, 248 El Cajon Way LG
Sheila Maclean, 244 El Cajon Way LG
Neil Grenzebach, 230 El Cajon Way LG
Bill Ross, 245 Las Miradas Dr LG
We also spoke to other property owners on our block:
Larry and Kim Walker, 256 El Cajon Way LG
Mike and Ingrid Oakley- Girvan, 260 El Cajon Way LG
Steve and Patricia Weinstein, 241 Arroyo Grande Way
Michael and Terry Nevis, 280 Garden Hill Dr LG
b. We spoke to all our immediate neighbors
RECEIVED
JI?N - 2 2014
TOWN OF LOS GATOS
PLANNING DIVISION
c. We met with everyone Aug 1 -7 2013 and introduced our new house design.
We spoke to our neighbors several times while updating them on our plan changes.
The most recent meetings took place on May 11 and 15th 2014.
As a result of these meetings, we made several plan changes to accommodate the
following requests:
- at a request from Bill Ross, we moved the second floor farther from his yard.
- at a request from Sheena Brownell, we removed the second floor balcony /patio in the
backyard.
- at a request from Bill Ross, to minimize building height, we replaced a full two -story
with a second floor under the roof design
- at a request from Bill Ross, we made the second floor windows to be smaller and with a
privacy glass.
- at a request from Neil Grenzebach, we changed the shape of the windows in the back
(box windows) so that there would be no direct line of sight diagonally into his backyard
- at a request from Neil Grenzebach and Sheila Maclean we placed no windows on the
sides of the second floor directly facing their properties. Only small windows with no
view of their yards are proposed.
d. We met with all of our immediate neighbors
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G
CAM ON
t DESIGN
I
GROUP
July 1, 2014
Ms. Jennifer Savage
Community Development Department
Town of Los Gatos
110 E Main Street
Los Gatos, Cif 95031
RE: 240 EI Cajon Way
Dear Jennifer:
ARCHITECTURE PLANNING URBAN DESIGN
I reviewed the drawings, and visited the site. My comments and recommendations are as follows:
RECEIVED
JUL 012014
TOWN OF LOS GATOS
PLANNING DIVISION
Neighborhood Context
The site is located in an established neighborhood with a predominance of small single story homes in closest proximity
to this site.
Photographs of the neighborhood are shown on the following page.
lcruorr 7
700 LARKSPUR LANDING CIRCLE . SUITE 199. LARKSPUR. CA . 94939 3111/15 PC Staff Rpt
Nearby house to the left
Nearby house across El Cajon Way
240 El Cajon Way
Design Review Con mn
July 1, 2014 Page 2
Existing house to the immediate right
Existing house to the immediate left
CANNON DESIGN GROUP 700 LARKSPUR LANDING CIRCLE . SUITE 199. LARKSPUR . CA . 94939
240 FJ Cajon Way
Design Review Comments
July 1, 2014 Page 3
Issues and Concerns
The house is generally well designed for this traditional neighborhood. However, the two -story height would be a signifi-
cant departure from all of the nearby one -story homes. In addition, over 50% of the second floor space is designated as
"attic ", and would accentuate the two -story mass of the house.
Should staff and the Planning Commission choose to accept the proposed two -story house on this site, I would see
only two other significant issues that would merit more discussion and design attention.
Building Scale
The raised floor slab and a first to second floor height of over 11 feet would raise the first floor eave height significantly
above those common in the immediate neighborhood. Since this would be the only two -story house in the immediate
neighborhood, this differential would likely be rather apparent. See the El Cajon Way streetscape below.
Stair Projection
The stair which projects at the front of the house interrupts what would otherwise be a strong first floor cave line that
would assist in blending the two -story structure into the immediate neighborhood.
4-1 Intrusive element
on first floor elevation
e -.
Way larger landing
than necessary
I (Does not match first floor plan)
va Arnc
C
C
' B ®gppM i
Two -story stair element makes fitting
into one -story neighborhood mor difficult
Elevated first floor slab and high floor -to- ceiling height
Is out of scale with the surrounding neighborhood
Note, fat floor to 2nd Roor height is 11.15 ft. &
fat floor to cellar floor height is 1:125 ft.
CANNON DESIGN GROUP 700 LARKSPUR LANDING CIRCLE . SUITE 199. LARKSPUR . CA . 94939
240 E1 Cajon Way
Daign Review Commmts
July 1, 2014 Page 4
Recommendations
I believe that one could conclude that a two -story house is not compatible with the immediate neighborhood. One ap-
proach would be to limit the height to a one -story structure. Another approach might be to ask that the second floor
be limited to the bedrooms and baths by eliminating the attic spaces. However, making the second floor smaller would
likely create an awkward design unless the second floor space were incorporated into the roof form. Some Los Gatos
examples of this approach are shown below.
However, if staff and the Planning Commission find the current proposed two -story design generally acceptable, I
would offer the following recommendations to address the stair projection and overall height issues raised above.
1. Modify the stair to bring it further into the structure to eliminate the two -story intrusion on the front facade. I
noted that the stair plan on the first and second floor plans do not match on the drawings - the first floor plan shows a
fairly compact arrangement, but the second floor plan seems to show a very long landing.
First Floor Changes
ack
roper
J
With vveeryry hl1ggh first
1100NO-ceilinglleight
(10 ft. +) this should
be able to be resolved
k L
Second Floor Changes
CANNON DESIGN GROUP 700 LARKSPUR LANDING CIRCLE . SUITE 199. LARKSPUR. CA. 94939
240 El Cajon Way
Duign Review Comments
July 1, 2014 Page 5
2. Strongly consider lowering the grade -to -fast -floor height and the first floor to second floor height to reduce the
eave heights for greater compatibility with the immediate neighborhood.
Eliminate
Jennifer, please let me know if you have any questions, or if there are other issues that I did not address.
Sincerely,
CANNON DESIGN GROUP
Larry L. Cannon
CANNON DESIGN GROUP 700 LARKSPUR LANDING CIRCLE . SUITE 199 . LARKSPUR . CA . 94939
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