2001-061-Granting An Appeal Of A Decision Of The Planning Commission To Deny A Request To Construct A New Commercial Building With Accessory Living Quarters And To Reduce The Required Setbacks On Property Zoned C-1:LhpRESOLUTION 2001- 61
.RESOLUTION GRANTING AN APPEAL OF A DECISION OF THE PLANNING
COMMISSION TO DENY A REQUEST TO CONSTRUCT A NEW COMMERCIAL
BUILDING WITH ACCESSORY LIVING QUARTERS AND TO REDUCE'THE REQUIRED
SETBACKS ON PROPERTY ZONED C-l:LHP.
ARCHITECTURE AND SITE APPLICATION: 5-00-9
CONDITIONAL USE PERMIT: U-00-10
VARIANCE APPLICATION: V-00-2
PROPERTY LOCATION; 75 UNIVERSITY AVENUE
PROPERTY OWNER /APPLICANT /APPELLANT: KUMIKO IWASAWA VADAS
WHEREAS:
A. This matter came before Council for public hearing on May 7, 2001 on an appeal by
Kumilco Iwasawa Vedas (property owner/applicant/appellant) from a decision of the Planning
Commission .and was regularly noticed in conformance with .State and Town law.
B, Council received testimony and documentary evidence from the appellant and all
interested persons who wished to testify or submit documents. Council considered all testimony and
materials submitted, including the record of the Planning Commission proceedings and the packet
of material contained in the Council .Agenda Report dated May 1, 2001 and the Addendum dated
May 3, 2001., along with subsequent reports and materials prepared concerning this application.
C. The applicant seeks approval of plans to construct a new commercial building on the
western portion of a 5,400 square foot parcel. The proposed building. will be 1,899 square feet in
area and will be used to expand the existing retail business and will be two stories. The first floor
will be used for retail (1;009 square feet] and the second floor will be used as a studio residence {890
square feet).
D. The Planning Commission considered this matter on July 12, 2000 and continued the
matter with direction to redesign the structure. On November 8, 2000, the applicant stated she did
not wish to redesign the plans and the applications were denied.
E. The basis of the appeal is the applicant's belief that the Commission erred or abused
its :discretion and that the decision was not based on evidence in the record.
F. The Council finds as follows:
1. Pursuant to Town Code section 29.20.150 concerning appeals, that this
application presents an issue and policy which Council has the opportunity and discretion to find
above and beyond the Commission; to wit, balancing the fact that this project would bring to the
Town the Netsuke Research Center, a Japanese art and cultural resource, against the potential impact
of the project on neighboring properties.
2. Pursuant to Town Code section 29.20.190 concerning conditional use permits,
(a) that the proposed uses of the property are essential or desirable to the public convenience or
welfare by the addition of a unique cultural opportunity through the establishment Netsuke Research
Center; (b) that the proposed use will not impair the integrity and character of the zone in that it is
generally consistent with the use and appearance of the downtown and, with the granting of a
variance, consistent with the Zoning Code; (c) that the proposed use will not be detrimental to public
health, safety or general welfare because it is .generally consistent with the use and appearance of the
downtown and, with the .granting of a variance, consistent with the Zoning Code and also will
provide a public benefit with the addition of the Netsuke Research Center; and (d) that the proposed
use of the property is in harmony with the various elements and objectives of the General Plan for
thereasons previously stated, by also offering alive-work situation and by providing a public benefit.
in the Netsuke Research Center.
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3. Pursuant to Town Code section 29.20.170 concerning. variances, granting a
variance for the proposed project is appropriate due to special circumstances applicable to the
property including its downtown location which has allowed existing structures on the site to be
developed with greatly reduced setbacks so that any attemptto conformthe proposed structure to the
required 26 foot setback would ll€ely result in an awkward, unattractive, inconsistent and virtually
unusable structure, and also that a large and valuable oalc tree could not be preserved if a structure
were developed consistent with setback requirements. In addition, granting a variance would not
constitute a :grant of special privileges to the ,property because it would do no more than allow the
subject property to be developed in a manner that is consistent with surrounding properties in the
downtown area.
4. Pursuant to the Town's Traffic Policy for community benefit, the prof ect will
provide a significant community benefit in that it would bring to the Town the Netsuke Research
Center, a Japanese art and cultural resource.
RESOLVED:
1, The .appeal of the decision of the Planning Commission on Architecture and Site
Application 5-00-9, Conditional Use Permit U-00-10,, and Variance Application V-00-2 is granted.
2. The conditions of approval set out in Exhibit A to t11is Resolution, which is attached
1lereto and by this reference incorporated herein, are hereby adopted as the conditions of approval
of this .application.
The decision constitutes a final administrative decision pursuant to Code of Civil
Procedure section 1094.6 as adopted by Section 1.10.085 of the Town Code of the Town of Los
Gatos. Any application for judicial relief from this decision must be sought within the time limits
and pursuant to t11e procedures established by Code of Civil Procedure Section 1094.6, or such
shorter time as required by state or federal law.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los
Gatos, California held on the 4TH day of June, 2001 by the following vote.
COUNCIL MEMBERS:
.AYES: Randy Attaway, .Steven Blanton, Sandy Decker, Steve Glickman,
Mayor Joe Pirzynsl{i.
NAYS: None
ABSENT: None
ABSTAIN: None
SIGNED: (~~
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
.ATTEST
~C~.c_ .
CLERK OF 'THE TOWN OF OS GATOS
LOS CsATaiS, CALIFORNIA
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CONDITIONS OF APPROVAL
75 Universit rLAvenue
a. Architecture and Site Application S-00-9
b. Conditional Use Permit'U-00-10
c. Variance Application V-00-2
Requesting approval to construct a new commercial building. with accessory living quarters and to
reduce the required setbacks on property zoned C-2:LHP.
PROPERTY OWNERIAPPLICANT:'Kumiko Iwasawa Vadas
TO THE SATISFACTION OF THE COMMUNITY DEVELOPMENT DIRECTOR
(Planning Section)
1. EXPIRATION. This approval will expire two years from the approval date pursuant to Section
.29.20.320 of the Town Code. unless the application is vested.
B. TREE REMOVAL PERMIT. ATree'Removal Permit shall be obtained priorto the issuance
of a Building Permit.
(Building Section)
C. PERMITS REQUIRED: A building permit application shall be required for the proposed
structure. Separate Electrical/Mechanical/Plumbing permit shall be required as necessary.
D. CONSTRUCTION PLANS: The Conditions of Approval shall be stated'in full on the cover
sheet of construction plan submitted for building .permit.
E. GRADING. No grading shall occur within the dripline of the existing tree. Cuts and. fills
within the dripline shall not exceed six inches. Soil compaction shall be avoided in this area.
F. TRENCHING. Trenching for any utility lines shall be excluded as much as possible from
the dripline of the tree. If trenching is unavoidable, it shall be performed manually and without the use of
heavy equipment. Utility lines shall be routed over or under roots 2.5 inches or larger in diameter.
G. WALKWAY. During the permit process the applicant shall work with the Town to ensure
that the walkway meets Title 24 requirements for handicap access and will not adversely affect the tree.
8. TITLE 24 ENERGY COMPLIANCE: California Title 24 Energy Compliance forms CF-1 R and
MF-1 R shall be blue-lined on the construction plans.
9. TITLE 24 ACCESSIBILITY -COMMERCIAL: On-site parking facilities shall comply with the
latest California Title 24 Accessibility Standards. Work shall include but not be limited to accessibility to
building entrances from parking facilities and sidewalks.
10. TITLE 24 ACCESSIBILITY - COMMERCIAL:. On-site general path oftravel shall comply with
the latest California Title 24 Accessibility Standards. Work shall include'but not be limited to accessibility to
building entrances from parking and sidewalks.
11. TITLE 24 ACCESSIBILITY -COMMERCIAL: The building shall be upgraded to comply with
the latest California Title 24 Accessibility Standards. Necessary work shall be first investigated by the design
architect then confirmed by the Town staff.
12. SIZE OF PLANS: The maximum size of construction plans submitted for building permits
shall be 24 in. X 36 in.
13. SOILS REPORT: Two copies of a soils report, prepared to the satisfaction ofthe 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.
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14. FOUNDATION INSPECTIONS: Apad certificate prepared by a licensed civil engineer or
land surveyor shall be submitted to the project building inspector upon foundation inspection. This
certificate shall certify compliance with the recommendations as specified in the soils report and the
building pad elevation and 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 surveyor or
registered civil engineer for the following items:
a. Pad elevation
b. Finish floor elevation
c. Foundation corner locations
15. The apartment shall be designed to include the following features:
a. Light switches and thermostat controls shalt be mounted between 36 ihches and 48 inches
fromthe floorto the center of the unit, electrical receptacle outlets shall be mounted no
lower than 14 inches from floorto center of outlet.
b. Wooden backing (2 ft. x 8 ft. minimum) shall be provided in all bathroom walls at water
closet, shower and bathtub, located at 34 inches from the floor to the center of the backing,
.suitable for the addition of grab bars.
c. Faucets and shower controls shall be operable with one hand and shall not require tight
grasping, pinching or twisting of the wrist. The force.required to activate controls shall be
no greaterthan 5lbs. Lever-operated, push-typeand electronicallycontrolledmechanisms
are examples of acceptable designs. Separate hot and cold controls are acceptable
providing they require a minimal amount of grasping to operate.
d. All passage doors shall be at least 32-inches wide on accessible floor.
e. Primary entrance shall have a 36-inch wide door including: a 5-foot by 5-foot level andng,
18-inch clearance at interior strike edge, and the threshold shall be no higher than one inch
with 1:3 :minimum bevel (as specified in the HCD standards).
f. Door buzzer, .bell or chime shall be "hard" wired.
16. SPECIAL INSPECTIONS: When a special inspection is required by UBC 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, in accordance with UBC .Section
106:3.5. Please obtain Town Special'Inspectionfnrm from the Building Department Service Counter. The
Town Special inspection schedule shall be blue lined on the construction plan.
17. NONPOINT80URCE POLLUTION STANDARDS: The Town standard Santa ClaraValley
Nonpoint Source Pollution Control Program specification sheet shall be part of plan submittal. The
specification sheet {Size 24" X 36") is .available at the Building Department service .counter.
18. .APPROVALS REQUIRED: The Project requires the following agencies approval before
issuing a building permit:
a) West Valley Sanitation District: 378-2407
b) Santa Clara County Fire Department: 378-4010
c) Los Gatos School District: 395-5570
Note: Obtain the School district form from the Town Building. Department, after the Building
Department has approved the building permit.
TO THE SATLSFACTION OF THE DIRECTOR OF.PARKS AND PUBLIC WORKS
:(Engineering Section)
19. TRAFFfC IMPACT MITIGATION FEE (COMMERCIAL). The developer shall pay a
proportional to the project's share of transportation improvement 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 permitapplications is made. The fee shall be paid before the building permit is issued. The
traffic .impact mitigation fee for this project, using the current fee schedule and the .preliminary plans is
$8,209.80. The final fee shall be calculated from the final ,plans using the .rate schedule. in effect at the time
of the building .permit application, using a trip generation rate based on specialty retail and office use.
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20. 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.
21. ENCROACHMENT PERMIT. All work in the public right-of-way will require a Construction
Encroachment Permit. Alf work over $5,000 will require construction security.
22. PUBLIC WORKS INSPECTIONS. The developer or his representative shall notify the
Engineering Inspector at least twenty-four (24) hours before starting an work pertaining to on-site drainage
facilities, grading or paving, and alf work in the Town's right-of-way. Failure to do so will result in rejection ow
work that went on without inspection.
23. EROSION CONTROL (COMMERCIAL). Interim and final erosion control plans shall be
prepared and submitted to the Engineering Development Division of the Parks & Public Works Department.
Amaximum of two weeks is allowed between clearing of an area and stabilizing/building on an area if grading
is allowed to go on during he rainy season. 'In addition, straw bales and plastic sheeting shall be stored on-
site for emergency control, if needed. Install filter berms, check dams., retention basins, silt fences and straw
bale dikes as needed on the project site, to protect down stream water quality during winter months.
24. NONPOINT SOURCE POLLUTION PREVENTION. On-site drainage systems shall include
a filtration device in 'the catch basins or a .grease and oil separator shall be installed.
25. UTILITIES. The developer shall install all utility services, including telephone, electric power
and all other communications lines underground, as .required by Town Code §27:50.015(b).
26. 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 awalk-through with the Engineering Construction Inspector
before the start of construction to verify existing conditions.
27. SANITARY SEWER LATERAL. Sanitary sewer laterals are televised by West Valley
Sanitation District and approved by the Town of Los Gatos before they are used or reused, install a sanitary
sewer lateral clean-out at the property line.
(Parks and Forestry Section)
28. NEW TREES. Newly plantedtrees shall bedouble-staked., using rubbertree ties and shall
be planted prior to occupancy.
29. IRRIGATION. No irrigation or planting shall be permitted under the dripline of existing
native trees.
30. TREE CARE. The deadwood shall be removed from the Oak tree and care to the tree shall
be provided prior to and during construction. Prior to issuance of a building permit, an arborist reportshall
be prepared concerning the potential impacts the construction may have on the Oak tree. All mitigation
measures identified in this report shall be adhered to by the developer and shall be incorporated in the
construction plans. All tree care activities .shall be accomplished by a licensed, competent tree care firm
as approved by and under the supervision of the Director of Parks and Public Works.
31. HEALTH OF TREE. If the Oak tree dies as a result of construction impacts, the applicant
shall pay to the Town of Los Gatos the appraised value of the tree as outlined in the Guide for Plant
Appraisal, or other tree appraisal book accepted by the Town and shall plant a field grown Oak tree on site
to the satisfaction of the Director of Parks and Public Works. The applicant may be .required to obtain an
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arborist report, to confirm how the tree died.
32. PROTECTIVE FENCING. Prior to any construction or building permits being issued, the
applicant shall meet withthe Director ofParks and Public Works concerning the need for protective fencing
around the existing trees. Such fencing is to be installed prior to, .and be maintained during, construction.
The fencing shall be a four foot high chain link attached to steel poles driven two feet into the ground when
at the dripline of the tree. If the fence has to be within eight feet of the#runk of the tree, a fence base may
be used, as in atypical chain link fence that is rented. Any portion of the proposed building which is under
the dripline of existing trees shall have a foundation built from pier and grade beam to minimize impaction
on the .existing tree.
33. GENERAL. All existing trees to remain and newly planted :trees shown on the plan are
specific subjects of approval of this plan and must remain on site.
TO THE SATISFACTION OF THE'FIRE DEPARTMENT
34. EGRESS. The apartment unit shall'be provided with an approved rescue/egress window
in the east wall This shall be reflected on the building permit plans.
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