2006- 003-Denying An Appeal Of The Planning Commission Approving A Second Story Addition On Property 16750 Farley RdRESOLUTION .2006 - 003
RESOLUTION DENYING AN APPEAL OF A DECISION OF THE PLANNING
COMMISSION APPROVING A SECOND STORY ADDITION ON
PROPERTY ZONED R-1:8.
PROPERTY LOCATION: 16750 FARLEY ROAD.
ARCHITECTURE & SITE APPLICATION: S-OS-063.
PROPERTY OWNER: GLEN AND MELISSA WAGNER.
APPLICANT: DAVID BRITT.
APPELLANT: WILLIAM SHELLOOE.
WHEREAS:
A. This matter came before Council for public hearing on December 19, 2005 on an
appeal by William Shellooe (appellant) from a decision of the Planning Commission as 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 October 26, 2005, along with
subsequent reports and materials prepared concerning this application.
C. The applicant, David Britt, seeks approval of an architectural and site application for
a 511 square foot addition to the first floor of a single family home and a 1,071 square foot
second story addition.
D. The Planning Commission considered this matter on October 26, 2005 and
approved the application with conditions. Due to the non-conforming size of the lot and a
dispute over access rights to an existing two-car garage, the project does not meet the off-street
parking requirement for a single family home. The Planning Commission made the required
findings in Section 29.10.150(h) to exempt this project from off-street parking space
requirements.
E. The appellant contends that the Commission erred or abused its discretion and that
the decision was not based on evidence in the record or the recommendations of Town staff.
F. The Planning Commission decision was correct. The findings of the Commission
are, by this reference, incorporated herein.
.RESOLVED:
1. The appeal of the decision of the Planning Commission on Architecture and Site
Application S-OS-063 is denied.
2. The conditions of approval as approved by the Planning Commission on October
26, 2005, are incorporated herein by this reference.
3. The decision constitutes a final administrative decision pursuant to Code of Civil
Procedure section 1094.6 as adopted by section 1.103085 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.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los
Gatos, California, on the 17'' day of January, 2006, by the following vote.
COUNCIL MEMBERS:
AYES: Steve Glickman, Joe Pirzynski, Barbara Spector, Mike Wasserman,
Mayor Diane McNutt.
NAYS: None
ABSENT: None
ABSTAIN: None
SIGNED: ~ ~ ~~, ~~
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATT ST:
i ~, :• r ~/
CLERK ADMIl~]ISTRATOR
TOWN OF LOS GATOS, CALIFORNIA
CONDITIONS FOR:
16750 Far1e~Road
Architecture and Site Application S-OS-063
Requesting approval of a second story addition on property zoned R-1:8. APN 529-15-097.
PROPERTY OWNER: Glen and Melissa Wagner
APPLICANT: David Britt
TO THE SATISFACTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT:
{Planning Division)
1. EXPIRATION OF APPROVAL: This approval application will expire two years from the
date of approval unless it is used before expiration. Section 29.20.335 defines what
constitutes the use of an approval granted under the Zoning Ordinance.
2. APPROVAL. This application shall be completed in accordance with all of the conditions
of approval listed below and in substantial compliance with the plans dated October 5, 2005.
Any minor changes or modifications made to the approved plans shall be approved by the
Director of Community Development.
3. SALVAGING OF MATERIALS. At least ten days prior to the date of demolition, the
developer shall provide to the Town a written notice and an advertisement published in a
newspaper of general circulation, regarding the availability of materials for salvage,
including the name and telephone number of a contact person. No .salvaging of materials
shall occur until a demolition permit has been approved by the Community Development
Department.
4. RECYCLING. All wood, metal, glass and ahuninum materials generated from the
demolished stricture shall be deposited to a company which will recycle the materials.
Receipts from the company(s) accepting these materials, noting type and weight of
material, shall be submitted to the Town prior to the Town's demolition inspection.
5. COMPLIANCE MEMORANDUM. The applicant shall prepare and submit a memorandum
with the building permit, detailing how each of these Conditions of Approval have or will
be addressed.
6. STORY POLES. The story poles on the project site shall be removed within 30 days of
approval of the Architecture & Site .application.
7. TREES. 3mid-height trees approved by the Director of Community Development shall be
installed in the front/side yard prior to building permit final.
TO THE SATISFACTION OF THE BUILDING DEPARTMENT:
8. PERMITS REQUIRED: A building permit shall be required for the second story addition
and remodel of the existing single family residence. Separate permits are required for
electrical, mechanical, .and phtmbing work as necessary.
9. CONDITIONS OF APPROVAL: The Conditions of Approval must beblue-lined in full on
the cover sheet of the construction plans.
10. SIZE OF PLANS: Four sets of construction plans, maximum size 24" x 36."
11. 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. ALTERNATE: Design the foundation for an allowable soils
1,000 psf design pressure. (Uniform Building Code Volume 2 -Section 1805)
12. 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, the building pad elevation, on-site retaining wall locations and elevations are
prepared according to approved plans. Horizontal and vertical controls shall be set and
certified by a licensed surveyor or registered civil engineer for the following items:
a. Building pad elevation
b. Finish floor elevation
c. Foundation corner locations
13. TITLE 24 ENERGY COMPLIANCE: California Title 24 Energy Compliance forms CF-1R
and MF-1R must be blue-lined on the plans.
14. 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 chimneys.
15. SPECIAL INSPECTIONS: When a special inspection is required by UBG 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 pernlit. The Town
Special Inspection form must be completely filled-out, signed by all requested parties and
be blue-lined on the construction plans. Special Inspection forms are .available from the
Building Division Service Counter or online at www.losgatosca.gov.
16. NONPOINT SOURCE POLLUTION STANDARDS.: The Town standard Santa Clara Valley
Nonpoint Source Pollution Control Program 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 San Jose Blue Print.
17. APPROVALS REQUIRED: The project requires the following agencies approval before
issuing a building permit:
d. Community Development: Rachel Bacola at 354-6802
e. Engineering Department: Fletcher Parsons at 395-3460
f. Santa Clara County Fire Department: (408) 378-4010
g. West Valley Sanitation District: (408) 378-2407
h. Local School District: (Contact the'Town Building Service Counter for the appropriate
school district and to obtain the school form.)
TO THE SATISFACTION OF THE DIRECTOR OF PARKS AND PUBLIC WORKS:
(Engineering Division)
18. 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 stone
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.
19. 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.
20. 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.
21. CONSTRUCTION STREET PARKING. No vehicle having a manufacturer'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 approval from the
Town Engineer (§ 15.40.070).
22. SITE DRAINAGE. Rainwater leaders shall be discharged to splash blocks. No through curb
drains will be allowed.
23. 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.
24. RESTORATION OF PUBLIC IMPROVEMENTS. T11e 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, sidewall~s,
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 t11e
Engineering Construction Inspector, and shall comply with all Title 24 Disabled Access
provisions. Developer shall request a walls-through with the Engineering Constriction
Inspector before the start of construction to verify existing conditions.
25. 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.
26. SANITARY SEWER BACKWATER VALVE. Drainage piping serving fixtures which have
flood level runs less than twelve (12) inches (304.8 rmn) above the elevation of the next
upstream manhole and/or flushing inlet cover at the public or private sewer system serving
such drainage piping shall be protected from backflow of sewage by installing an approved
type backwater valve. Fixtures above such elevation shall not discharge through the
backwater valve, unless first approved bythe Administrative (Sec. 6.50.025). The Town shall
not incur any liability or responsibility for damage resulting from a sewer overflow where
the property owner or other person has failed to install a backwater valve, as defined section
103(e) of the Uniform Plumbing Code adopted by section 6.50.010 of the Town Code and
maintain such device in a functional operating condition. Evidence of West Valley Sanitation
District's decision on whether a backwater device is needed shall be provided prior to
issuance of a building permit.
27. 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.
28. HAULING OF SOIL. Hauling of soil on or off-site shall not occur during the morning or
evening peals periods (between 7:00 a.m. and 9:00 a.m. and between 4:00 p.m. and 6:OD
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 ff the prof ect
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. Cover all trucks hauling soil, sand, and
other loose debris or require all trucks to maintain at least two feet of freeboard.
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