2001-020-Approving Construction Of A New Single Family Residence On Property Zoned Hr-1 Architecture And Site Application : S-00-23 Property Location : 16084 GrRESOLUTION 2001- 20
RESOLUTION OF THE TOWN OF LOS GATOS DENYING AN APPEAL OF A DECISION
OF THE PLANNING COMMISSION APPROVING CONSTRUCTION OF A NEW SINGLE
.FAMILY RESIDENCE ON.PROPERTY ZONED HR-1
ARCHITECTURE AND SITE APPLICATION: 5-00-23
PROPERTY LOCATION: 16084 GREENRIDGE TERRACE
PROPERTY OWNER: STATTON INDUSTRIES, L.P.
APPLICANT: T.H.I.S. DESIGN
APPELLANT: BIBIANA ORMANDY
WHEREAS:
A. This matter came before Council for public hearing on February 5, 2001, on an appeal
by Bbiana Ormandy, 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 wishedto 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 February 5, 2001., along with subsequent
reports and materials prepared concerning this application.
C. The applicant is requesting .approval of plans to construct a 4,720 square-foot
residence with an 818 square-foot cellar and a 743 square-foot garage on a vacant parcel zoned HR-
1. The proposed residence and its driveway have been situated so as to maintain all but one of the
existing. oaks, .and an additional L6 24"' box oaks will be planted to screen the structure.
D. The Planning Commission considered this item on July 26, 2000, and again on
.September 13, 2000 and continued the matter both times with directions for the applicant to make
various changes to the plans. The application was subsequently approved on November 12, 2000,
subject to conditions.
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E. The appellant is appealing the Planning Commission decision because she believes
that the Commission erred or abused its discretion and did not adequately address the size of the
residence and its position in .relation to the existing trees on site.
F. The Planning Commission decision was correct.
RESOLVED:
The appeal of the decision of the Planning Commission on Architecture and Site
Application is :denied. Revised Conditions of Approval, attached hereto as Exhibit A, are hereby
applied to this approval.
2. 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 the .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 20t" day of February, 2001 by the following vote.
COUNCIL MEMBERS:
.AYES: Randy Attaway, Steven Blanton, Steve Glickman, Mayor Joe Pirzynslci.
NAYS: Sandy Decker
ABSENT: None
ABSTAIN: None ,~ ~,~
SIGNED:
OR OF TOWN OF LOS GATOS
L S GATOS, CALIFORNIA
ATTEST
~ _-~
CLERK OF TI~E'TOWN OF LATOS
LOS GATOS, CALIFORNIA s:~aiYZSO.ii.~„Na
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CONDITIONS OF APPROVAL
16084 Greenrdge Terrace
Architecture and Site Application 5-00 23
Requesting approval to construct a :new single family residence on property zoned HR-1.
PROPERTY OWNER: Statton Industries, LP
APPLICANT: Tony Jeans, T.H.IS. Design
TO THE SATISFACTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT:
(Planning Section)
1. EXPIRATION OF APPROVAL: The Architecture and Site application 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. TREE REMOVAL PERMIT: A Tree Removal Permit shall be obtained prior to the issuance of a
Building, Grading, or :Encroachment Permit.
4. SIDE YARD SETBACKS: Side yard setbacks shall be the following dimensions: 36' 6" on the left
side of the house, and 20' 0" on the right side.
5. RETAINING WALL ABOVE LARGE OAK: The retaining wall above the oalc at thebottorn
of the driveway shall have as low a profile as possible..
6. ALL RETAINING WALLS: All retaining walls shall be of decorative stone design.
(Building Section)
7. PERMITS REQUIRED: A building permit application shall be required for the proposed
structure. Separate Electrical/Mechanical/Plumbing permit shall be required as necessary.
8. CONSTRUCTION PLANS: The Conditions of Approval shall be stated in full on the cover
sheet of construction plan submitted for building permit.
9. SIZE OF PLANS: The maximumsize of construction plans submittedfor building permits shall
be 24 in. X 36 in.
10. PLANS: The construction plans for this project shall be prepared under direct supervision of a
licensed architect or engineer. (Business and Professionals Code Section 5538).
11. HOUSE ADORES S : To request a house address contact Town of Los Gatos, Office of the Town
Clerk at (408) 3.54-6834.
12. HAZARDOUS FIRE ZONE: This project requires Class A roofing assembly.
13. 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 report shall be prepared by a licensed civil engineer specializing in soils
mechanics.
14. 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.
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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. RESIDENTIAL TOWN ACCESSIBILITY STANDARDS: The residence shall be designed with
adaptability features .for sing-family residence per Town Resolution No. 1994-61:
a. Wooden backing (no smaller than 2 niches X 8 inches) shall be provided in all bathroom walls
at water closet, shower and bathtub .locations, located at 34 in. 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 .have a 36 inches wide door including, a 5 foot x 5 foot level landing no
more than 1 inch out of plane with the immediate interior floor .level, with an 18 inch clearance
on the strike side.
d. Door buzzer, bell, or chime shall be "hard" wired.
16, TOWN FIREPLACE STANDARDS: New fireplaces shall be EPAPhase TI approved appliances
as per Town Ordinance No. 1'905. Tree limbs shall be cut within 10 feet of all chimneys.
17. TITLE 24 ENERGY COMPLIANCE: California Title 24 Energy Compliance forms CF-1 R and
MF-1R shall be blue-lined on the construction plans.
18. 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 Permits, in accordance with UBC Section 106.3.5.
Please obtain a Town Special Inspection form from the Building Department Service Counter. The Town
Special Inspection schedule shall be blue-lined on the construction plans.
19. NONPOINT SOURCE POLLUTION STANDARDS: The Town standard Santa Clara Valley
Nonpoint Source pollution Control Program specification sheet shall be part of the plan submittal. The
specification sheet (size 24" x 36") is available at the Building Department service counter.
20. APPROVALS REQUIRED: The prof ect 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. Campbell Union School District: 378-3405
a. Union School District: 377-8010
a. Campbell Union High School District: 371-0960
Note: Obtain the .School District form(s) from the Town Building Department after the Building
Department has approved the building permit.
TO THE SATISFACTION OF THE DIRECTOR OF PARKS AND PUBLIC WORDS:
(Parks and Forestry Section)
21. TREE PLANTING.: Sixteen (16) - 24" box oaks comprised of a mixture of Blue and Valley Oalcs
shall be planted prior to final occupancy.
22. GENERAL: All newly planted trees and shrubs shown on the plan are specific subjects of approval
of this plan, and must remain on site.
23. IRRIGATION SYSTEM: All newlyplanted landscaping shall beirrigated by an in-ground irrigation
system. Special care shall be taken to :avoid irrigation which will endanger existing native trees and
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vegetation.
24. DOUBLE STAKING; All newly planted trees are requiredto be double staked to Town standards.
25. TREE PROTECTION FENCING: Tree protection fencing shall be placed at the dripline of existing
trees to be saved in the area of construction prior to issuance of any permits. Fencing shall befour-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 trunk of the tree a fence base may be used, as in a typical chain link fence
that is rented.
26. ARBORIST REPORT: An arborist's report prepared by a certified arborist shall be obtained, with
mitigation measures necessary to preserve the four (4) trees in the .front yard to the right of the entry and the
two (2) trees at the bottom of the driveway.
27. TREE MAINTENANCE AGREEMENT: The .applicant shall record a five (5) year Tree
Maintenance Agreement for the six (6) trees referenced in Condition 26, above, which delineates the
mandatory replacement measures if any of said trees .fail.
(Engineering Section)
28. GRADING PERMIT: A .grading permit is required for grading, drainage and erosion control. A
separate application for a grading permit (with grading plans) shall be made to the Engineering Division
of the Parlcs & Public Worlcs Department. The grading plans shall include final grading, .drainage, retaining
wall location, driveway, utilities and interim erosion control, with particular attention paid to the driveway
between the existing oalc and drainage swale. Unless specifically allowed by the Director of Parlcs and
Public Worlcs, the grading permit will be issued concurrently with the building permit.
29. SOILS REPORT: One copy of t11e 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.
30. TRAFFIC IMPACT MITIGATION FEE (RESIDENTIAL): The developer shall pay a proportional
the prof ect's share of transportation improvements needed to serve cumulative development within the Town
of Los Gatos. The fee amount will be based upon the Town Council resolution in effect at the time the
request of Certificate of Occupancy is made. the fee shall be paid before issuance of the Certificate of
Occupancy. T11e traffic impact mitigation fee for this project using the current fee schedule is $5;73'0. 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.
31. 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 atthe j ob site during all working hours. Failure to maintain the
public right-of-way according to t11is condition may result in the Town performing the required.maintenance
at the developer's expense.
32. PUBLIC WORKS INSPECTIONS: The developer orhis representative shallnotify the Engineering
Inspector at least twenty-four (24) hours before starting any work pertauiing 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 rej ection ofworlc
that went on without inspection.
33. GRADING MORATORIUM: No grading orearth-disturbing activities shall be initiated in hillside
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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 15 and will not be allowed to restart until April
15. Grading permits will not be .issued between September LS and April 5. These limitations include, but
are 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.
34. GRADING INSPECTIONS: The soils engineer orher/his qualified representative shall continuously
inspect all grading operations. The soils engineer shall submit a final grading report before
occupancy/Certificate of Completion.
35. 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.
34. 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). Cable television
capability shall be provided to all new homes..
35. 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. shalTbe 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 sllallrequest a walls-through withthe Engineering Construction Inspector before the
start of construction to verify existing conditions.
TO THE SATISFACTION OF THE SANTA CLARA COUNTY FIRE DEPARTMENT:
36. PRIVATE FIREHYDRANT REQUIREMENT; Provide one,(1)private on-site fire hydrant installed
per NFPA Std. #24, at location to be determined by the Fire Department. Prior to design, the proj ect civil
engineer shall meet with the fire department water supply officer to jointly spot the required fire :hydrant
location. The applicant shall consult with the San Jose Water Company as early as necessary to receive the
water service needed for the installation.
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