2001-045- Denying Appeal Of The Planning Commission Decision Approving Construction Of A New Single Family Residence On Property Zoned Hr-1.RESOLUTION 2001 - 45
ADOPT RESOLUTION DENYING APPEAL OF THE PLANNING COMMISSION DECISION
APPROVING CONSTRUCTION OF A
NEW SINGLE FAMILY RESIDENCE ON PROPERTY ZONED HR-1.
ARCHITECTURE AND SITE APPLICATION: 5-9-41.
NEGATIVE DECLARATION: ND-00-7.
PROPERTY LOCATION: 15451 FRANCIS OAKS WAY.
PROPERTY OWNER: BACCHUS INVESTMENTS, LLC.
APPLICANT: T.H.I.S. DESIGN.
APPELLANT: DAVID WEISSMAN.
WHEREAS:
A. T11is matter came before Council for public hearing on Apri116, 2001, on an appeal by David
Weissman, 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 January 30, 2001, Deslc Item dated February 5, 2001, March
15,.2001 and Desk Item dated March 19, 2001, andthe Council Agenda Report dated April l 1, 2001, along
with subsequent reports and materials prepared concerning this application.
C. .Applicant is requesting approval to build a new "French Colonial" two story single family
residence 26 feet in height at its highest point on a 1..108 acre (48,264 square .feet) parcel zoned HR:1. The
proposed home will be 4,655 square feet that will include a 3,570 square foot main level and a 1,0.85 square
foot lower level with a 325 square foot cellar, The attached three car garage is 800 square feet.
D. The Planning Commission considered and continued the application to allow time for
redesign and submittal. of additional information on May 10, 2000, June 28, 2000, September 27, 2000,
October, l 1, 2000. On November 16,.2000 the Planning Commission reconsidered the application and made
the required findings and considerations and approved the application with conditions..
IJ. Appellant claims that. the Planning Commission erred or abused its discretion and
erroneously failed to consider the significance of traffic impact and lack of appropriate easements, and the
information contained in the EIR.
F. The Planning Commission decision was correct.
RESOLVED:
The appeal of the decision of the Planning Commission on Architecture and Site Application
5-99-41 is denied. Revised Conditions of Approval, attached hereto as Exhibit A, are hereby applied to this
approval.
2. The decision constitutes a final administrative decisionpursuant 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 the procedures
established by Code of Civil Procedure section 1094.6, or such shorter time as required by State and Federal
law.
PASSBD .AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos,
California, on the 7TH day of May, 2001 by the following vote.
COUNCIL MEMBERS.:
AYES: Randy Attaway, Steven Blanton, Sandy Decker, Steve Gliclanan,
Mayor .Joe Pirzynslci.
NAYS: None
ABSENT: None
ABSTAIN: None ~ G~___--~-
SIGNED:
AYOR O TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
A'N'TE-S7 T;
~'~/~~2 c~___
CLERK OP THE TOWN OF LOS ATOS
LOS GATOS, CALIFORNIA
RECOMMENDED COND11'IONS OF APPROVAL (REVISED):
15451 Francis Oaks 1Nay
a. Architecture and :Site Application S-99-41
b. Negative Declaration ND-00-7
Requesting approval to construct a new single family residence on property zoned HR-1. If no
significant environmental impacts are identified as a result of his .project, a Negative Declaration
will be recommended and an Environmental Impacts will not'be required.
PROPERTY OWNER: Gary Beyler
APPLICANT: T.H.LS. Design
*** MITIGATION MEASURES)
TO THE SATISFACTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT:
(Planning Division)
1. EXPIRATION OF APPROVAL. The Architecture and Site approval for the building will expire two
years from the date of approval unless the approval is used before expiration. Section 29.20.335
defines what constitutes the use of an approval granted under the Zoning Ordinance.
2. DEED RESTRICTION: Prior to the issuance of a building permit, a deed restriction shall be
recorded by the applicant with the Santa Clara County Recorder's Office that requires all exterior
paint colors to be maintained in conformance with the Town's'Hillside'Development Standards.
3. COVERSHEET'NOTES. The conditions of approval shall be printed on the cover sheet of the final
plans submitted for building permit approval.
4. SCREENING. Plant an additional 10-20 shrubs to screen the structure from the street and the
adjacent neighbor.
5. HARDSCAPE. The guest area parking shall be removed to reduce the amount of impervious
area.
(Building Division)
6. PERMITS REQUIRED: A building permit application shall be required for the. proposed structure.
Separate'Electrical/Mechanical/Plumbing permits shall be required as necessary.
7. CONDITIONS OF APPROVAL: The Conditions of Approval shall be stated in full on the cover
sheet of construction plan submitted for building permit.
8. SIZE OF PLANS: The maximum size of construction plans submitted for building permits shall be
24 in. X 36 in.
9. SOILS REPORT: Two copies of 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.reportshall be prepared by a licensed civil engineer specializing
in soils mechanics.
10. FOUNDATION INSPECTIONS: A pad 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
11. RESIDENTIAL TOWN ACCESSIBILITY STANQARDS: The residence shall be designed with
adaptability features for single-family residence per Town Resolution 1994-61:
a. Wooden backing (no smaller than 2" x 8") shall be provided in all bathroom walls at water
closets, showers and bathtubs, located at 34 inches from the floor to the center of the
backing, suitable for the installation ofgrab'bars.
b. All passage doors shall be at least 32-inches wide on accessible floors.
c. Primary entrance shall have a 36-inch wide door including, a 5-foot by 5-foot 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, bell or chime shall be "hard" wired.
12. SOLAR WATER HEATING: The. residence shall be pre-plumbed for solar hot water heating. The
plans shall show the location of a stub and valve located in the attic space for solar water hearing
use.
13. PLAN PREPARATION: The construction plans #or this ,project shall be prepared under the direct
supervision of a licensed architect or engineer. (Business and Professionals Code Section 5538).
14. TITLE 24 ENERGY COMPLIANCE: California Title 24 Energy Compliance forms CF-1 R and MF-
1 Rshall be blue Jined on the construction plans.
15. TOWN FIREPLACE STANDARDS: New fireplaces-shall be EPA Phase II approved appliances
.per Town Ordinance 1905. Tree limbs shall be cut within 10 feet of chimneys.
16. HAZARDOUS FIRE ZONE; This project requires Class A Roofing assembly..
17. SPECIAL INSPECTIONS: When a special inspection is required by UBC Section 1701., the
architect or engineer ofrecord shall .prepare an inspection program that shall be submitted to the
Building Official for approval prior to issuance of the Building Permits, in accordance with UBC
Section 106.3.5. Please obtain Town Special Inspection form from the Building Department
Service Counter. The Town Special Inspection schedule shall be blue-lined on the construction
plans.
18. NgNPOINT SOURCE POLLUTION STANDARDS: The Town standard Santa Clara Valley
Nonpoint Source pollution Control Program specification sheet shah be part of plan submittal.
The specification sheet (size 24" x 36") is available at the Building Department service counter.
19. 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. County Health Department: 299-.6060
d. SCHOOL DISTRICT: The School District's approval required for this project is
Union 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 SATISFACTION OF THE DIRECTOR OF PARKS AND PUBLIC WORKS:
(Engineering Division)
20. GRADING PERMIT: A grading permit is required for grading, drainage and interim erosion
control. A separate application for a grading permit (with grading plans) shall be made to the
Engineering Section of the Parks and Public Works Department. The grading plans shall include
final grading,. drainage retaining wall location, driveway, utilities and .interim erosion control.
Unless specifically allowed by the Director of Parks and Public Works, the .grading permit will be
.issued concurrently with the building permit.
21. SOILS REPORT: One copy of the soils and geologic report shall be submitted with the grading
permit application. The soils report shall include specific criteria and standards governing site
grading, drainage, retaining wall design and erosion control. The reports shall be signed and "wet
stamped" by the engineer or geologist, in conformance with Section 6735 of the California
Business and Professions Code.
22. *** GEOLOGY: A detailed geotechnical study (including fault investigation) shall be completed to
determine whether any proposed homes and associated facilities traverse the Shannon Fault.
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This study shall also determine whether the proposed pool, septic systems, or drainage are
located near any areas of instability (e.g., landslides) and make appropriate design
recommendations.
23. *** HYDROLOGY & WATER QUALITY: A drainage. plan shall be prepared which indicates the
proposed energy dissipater in relation to downslope,properties. The.plan shall demonstrate that
the proposed drainage system and project-generated runoff contributions will not adversely affect
any downslope ..properties.
24. TRAFFIC IMPACT MITIGATION fEE (RESIDENTIAL): 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 flee amount will be based upon the Town Council resolution in
effect at the time the request of Certificate of Occupancy is made. The fee shall be paid before
issuance of the Certificate of Occupancy.. The traffic'impact mitigation fee for this project using
the current fee schedule is $5,730.. The final fee shall be calculated form the final plans using the
rate schedule in effect at the time of the request for a Certificate of Occupancy.
25. *** TRAFFIC-1: The applicants shall iprovide turnouts to the satisfaction of the Town Engineer on
the section of Francis Oaks Way between 15360 and 15401 Francis Oaks Way. The Town
Engineer shall pursue the option of widening this entire stretch of roadway should the neighbors
and applicant agree to provide the funding necessary to do so. This option will be pursued until
the date that the building permit forthis project has been issued. At that time, if the decision to
widen the road has not been agreed upon, the applicant shall install turnouts to the satisfaction of
the Town Engineer, .and shall not be responsible-for any further roadway improvements,
26. *** TRAFFIC-2: Prior to issuance of the building permit, the Town-will complete apre-construction
survey of Francis Oaks Way to document road conditions. Prior to issuance of any certificate of
occupancy, the Town will conduct apost-construction survey to determine whether any road
damage occurred as a result of project construction. The project applicants will be responsible for
completing any required road repairs prior to receipt of their certificate of occupancy.
27. *** TRAFFIC-3: 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 (e.g., requiring flagpersons
along one-lane sections of Francis :Oaks Way for equipment/material deliveries, specifying
delivery hours, and notifying neighbors in advance) #o minimize the potential for traffic safety
problems and delays to.local residents.
28. 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.
29. 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 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, GRADING MORATORIUM: No :grading or earth-disturbing .activities shall be initiated in hillside
.areas between October 1 and April 15 of each year. For grading operations commenced before
October 1, all grading orearth-disturbing activities shall cease October 45 and will not be allowed
to restart until April 15. Grading permits will not be issued between September 15 and April 15.
These limitations include, butare not limited to these items: driveways, building pads, foundation
trenches and drilled .piers, retaining walls, swimming .pools, tennis .courts, outbuildings and .utility
trenches. Install interim erosion control measures,. shown on the approved interim erosion control
plan, by October 1, if final landscaping is not in place. Maintain the interim erosion control
measures throughout the October 1 to April 15 period.
31. GRADING INSPECTIONS: The soils engineer or her/his qualified representative shall
continuously inspect all grading operations. The soils engineer shall submit a final grading report
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before occupancy/Certificate of Completion.
32. 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
33. EROSION CONTROL: Interim and final erosion control plans shall be prepared and submitted to
the Engineering Development Section of the .Parks and Public Works Department. Grading
activities shall be limited to the period of .least rainfall (April 15 to October 1). A maximum oftwo
weeks is allowed between clearing of an area and stabilizing/building on an area if grading is
allowed to go on during the 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.
34. UTILITIES: The developer shall install all utility services, including telephone, electric powerand
all other communications lines .underground, as required by Town Code §27.50.015(b). Cable
television capability shall be provided to all new homes.
35. RESTORATION OF PUBLIC IMPROVEMENTS: The developer/property owner shall repair or
replace all existing improvements not designated for removal that are damaged or removed
because of developer'soperations. Improvements such as, butnot 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 improvements 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.
36. ROADWAY WIDENING: Francis Oaks Way shall be widened to 20 feet, across the frontage of
the site.
37. DRIVEWAY APPROACH: The developer shall install one (1) Town standard residential driveway
approach. The new driveway approach shall be constructed per Town Standard Detail.
38. ROADWAY: A drainage swale or curb is to be installed in the area of the turnouts to divert water
.away #rom existing properties .and' into a storm system or natural drainage area.
39. SANITARY SEINER: .Sanitary sewer lateral shall be stubbed out to Francis Oaks Way.
(Parks Division)
40. IRRIGATION: All newly planted landscaping shall be irrigated by an in-.ground irrigation system.
Special care shall be taken to avoid irrigation which will endanger existing .native trees and
vegetation.
41. NEW TREES: Newly planted trees shall be double-staked to Town standards.
42. TREES. Submit a reforestation program to indicate trees to be planted next to those trees
planned for removal. Tree A2 and A3, as shown on the Development Plans, shall be removed at
the discretion and satisfaction of the Director of Parks and Public Works.
43. NEW TREES. Seven additional 7" Oaks trees to be planted. on site.
44. *** BIOLOGICAL RESOURCES: A certified arborist shalt evaluate proposed home designs for
direct and indirect effects of proposed foundation and home construction as well as potential
changes in drainage. The design of foundations and drainage facilities shall modified as
necessary in accordance with the arborist's recommendations. In addition, the arborist shall
provide detailed measures to protect trees during construction of proposed homes and .associated
facilities, The arborist shall specifically address drainage from roofs, which could change drainage
conditions at oak root zones located immediately adjacent to homes.
45. NEW TREES: Proposed new Oak Trees, as shown on the Tree Plan, shall be 24 inch'box trees.
46. GENERAL: All existing and newly planted trees shown on the plan are specific subjects of
approval of this plan and .must remain on site.
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47. GENERAL: All buildings under the dripline of existing trees shall have a foundation built from pier
and grade beam to minimize impaction on existing trees.
48. TREE PROTECTION: Require tree protection fencing to be placed at dripline of existing trees to
be saved in the area of construction. fencing shall be four foot high chain-link attached to steel
poles driven two feet into the ground when at the dripline of the tree. These directions will be
reviewed 'by the Parks and Forestry Department and an assessment will be made to determine
what will be required for this project, If the fence has to'be within eight feet of the trunk ofthe tree
a fence base may be used, as in a typical chain link fence that is rented.\
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TO THE SATISFACTION OF THE'SANTA CLARA COUNTY FIRE PROTECTION DISTRICT:
49. FIRE ..FLOW: Provide the required fire flow {2,250 GPM at 20 psi) from fire hydrants spaced at a
maximum of 500 feet or, provide an approved fire sprinkler system designed per National Fire
Protection Association (NFPA) Standard #13D and local ordinances, throughout all portions of the
building. The fire sprinkler system valuing shall be installed per Fire Department Standard Detail
& Specifications SP-4.
50. FIRE FLOW; .Installation of private fire service: mains and/or fire hydrants shall conform to
National Fire Protection Association (NFPA) Standard #24, and Fire Department Standard Details
and Specification W-2. A Separate installation permit from this department is required.
51. FIRE FLOW; Provide a water tank of 10,000 Gallon capacity and one wharf style fire hydrant.
Installations shall conform with Fire Department Standard Details and Specifications W-1.
Note: As submittal indicates that tanks will be recessed into the existing grade, the applicant shall
ensure that.positive pressure to the hydrant is maintained at all times regardless of liquid. level.
52. FIRE'FLOW: Required Fire Service and Fire Hydrant installations shall be installed tested and
accepted by the Fire Department, prior to the start of framing. Bulk construction materials shall
not'be delivered to the site until installations are .completed as stated above. Building permit
issuance may be withheld until installations are completed, tested, and accepted..
53. FIRE ACCESS: Portions of the structure is .greater than 150 feet of travel distance from the
centerline of the roadway containing. public fire hydrants. Provide an on-site fire hydrant or
provide and approved fire sprinkler throughout the building.
54. FIRE HYDRANT: Prior to project final inspection, the general contractor shall ensure that a "Blue"
dot. has been ;placed in the roadway, as directed by the fire department.
55. PREMISES 1DENTIFICATION: Approved numbers oraddresses shall be placed on all new and
existing buildings in such a position as to be plainly visible .and legible from the street or road
fronting the .property.. Numbers shall contrast with their background and a minimum of four inches
in height.
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