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2014-058 - Grant Appeal of S-14-003 for 15540 El Gato LnRESOLUTION 2014 -058 RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS APPROVING AN APPEAL OF THE DECISION OF THE PLANNING COMMISSION DENYING A REQUEST TO DEMOLISH AN EXISTING SINGLE- FAMILY RESIDENCE AND TO CONSTRUCT A NEW SINGLE - FAMILY RESIDENCE ON PROPERTY ZONED R -1:8 APN: 523 -23 -021 ARCHITECTURE AND SITE APPLICATION: 5 -14 -003 PROPERTY LOCATION: 15540 EL GATO LANE APPLICANT: CHRIS SPAULDING, ARCHITECT PROPERTY OWNER/APPELLANT: FLETCH AND FLORENCE SULLIVAN WHEREAS, this matter came before the Town Council for public hearing on August 19, 2014, and was regularly noticed in conformance with State and Town law. WHEREAS, the appellant has filed an appeal of the decision of the Planning Commission denying a request to demolish an existing single - family residence and to construct a new single - family residence. WHEREAS, on May 28, and June 25, 2014, the Planning Commission held a public hearing and considered a request to demolish an existing single - family residence and to construct a new single - family residence property zoned R -1:8. The Planning Commission denied the request. WHEREAS, Town Council received testimony and documentary evidence from the appellant and all interested persons who wished to testify or submit documents. Town 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 for their meeting on August 19, 2014, along with any and all subsequent reports and materials prepared concerning this application. WHEREAS, Council finds as follows: A. In accordance with Town Code section 29.20.300 1. The decision involved a policy decision over which the Commission did not have discretion to modify or address, but which is vested in the Council for modification or decision in that the Town Council needs to provide a definition and direction to the Planning Commission, staff, and future Town Council members on what is a neighborhood in transition. B. The project is Categorically Exempt pursuant to Sections 15303 of the State Environmental Guidelines as adopted by the Town in that the project consists of the demolition and construction of a single- family residence; C. 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; 3. The property owner does not desire to maintain the structures as they exist; and 4. The economic utility of the structures was considered; the property owners wish to demolish the structure. D. The project is in compliance with the Residential Design Guidelines for single- family homes not in hillside residential areas; and E. 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. NOW, THEREFORE, BE IT RESOLVED: 1. The appeal of the decision of the Planning denying a request to demolish an existing single- family residence and to construct a new single - family residence property zoned R -1:8 is granted. 2. The Conditions of Approval attached hereto as Exhibit A are hereby adopted as the Conditions of Approval for this permit. 3. 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 and federal Law. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 19th day of August, 2014, by the following vote: COUNCIL MEMBERS: AYES: Diane McNutt, Joe Pirzynski, Mayor Steven Leonardis NAYS: Marcia Jensen, Barbara Spector ABSENT: ABSTAIN: SIGNED: MAYOR OF THE TOW1Vi3F L(3S (IATOS LOS GATOS, CALIFORNIA ATTEST: CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA TOWN COUNCIL— August 19, 2014 CONDITIONS OF APPROVAL 15540 El Gato Lane Architecture and Site Application S -14 -003 Requesting approval to demolish an existing single- family residence and to construct a new single - family residence on property zoned R -1:8. APN 523 -23 -021. PROPERTY OWNER: Fletch and Florence Sullivan APPLICANT: Chris Spaulding, Architect 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 May 7, 2014. 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. 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 materials, noting the type and weight of materials, shall be submitted to the Town prior to the Town's demolition inspection. 5. 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. 6. 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. 7. ARBORIST REQUIREMENTS: The developer shall implement, at their cost, all recommendations made by Deborah Ellis, MS, identified in the Arborist's report, dated as received May 2, 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. S. ARCHITECTURAL CONSULTANT REQUIREMENTS: The developer shall implement, at their cost, the recommendation made by Cannon Design Group, identified in the Architectural Consultant report, dated as received May 13, 2014, on file in the Community EXHIBIT A Development Department. A Compliance Memorandum shall be prepared by the applicant and submitted with the building permit application detailing how the recommendation has or will be addressed. This recommendation must be incorporated in the building permit plans, and completed prior to issuance of a building permit. 9. 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. Include a tree protection fencing plan with the construction plans. 10. STORY POLES: The story poles on the project site shall be removed within 30 days of approval of the Architecture & Site application. 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 Demolition Permit shall be required for the demolition of the existing single- family residence and garage and a Building Permit the 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 Quality 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. 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 corner 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 I -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. 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.tosaatosca 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 San Jose Blue Print for a fee or online at www.losatosca. Gov/ building. 25. APPROVALS REQUIRED: The project requires the following departments and agencies approval before issuing a building permit: a. Community Development — Planning Division: Jennifer Savage (408) 399 -5702 b. Engineering /Parks & Public Works Dept.: Trang Tu- Nguyen (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 Division 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. 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. 28. 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. 29. 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. 30. PLAN CHECK FEES: Plan check fees shall be deposited with the Town prior to plan review at the Engineering Division of the Parks and Public Works Department 31. INSPECTION FEES: Inspection fees shall be deposited with the Town prior to issuance of any Permit or recordation of the Final Map. 32. DESIGN CHANGES: Any proposed changes to the approved plans shall be subject to the approval of the Town prior to when altered work is started. The Applicant Project Engineer shall notify, in writing, the Town Engineer at least 72 hours in advance of all the proposed changes. Any approved changes shall be incorporated into the final "as- built" plans. 33. DRIVEWAY: The driveway conform to existing pavement on El Gato Lane shall be constructed such that existing drainage patterns will not be obstructed 34. TREE REMOVAL: Copies of all necessary tree removal permits shall be provided prior to issuance of a grading permit /building permit. 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. 36. 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. 37. SOILS REPORT: One copy of the soils report shall be submitted with the application. The soils report shall include specific criteria and standards governing site grading, drainage, pavement design, 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. 38. 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. 39. 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. 40. SIDEWALK IN -LIEU FEE: A curb and sidewalk in -lieu fee of shall be paid prior to issuance of a building permit. This fee is based on a square feet of 4.5 -foot wide sidewalk at $16 /SF in accordance with Town policy. 41. 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. 42. 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. 43. 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. 44. 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. 45. 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. 46. 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. 47. 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. e. Direct roof downspouts to vegetated areas. d. Use permeable pavement surfaces on the driveway, at a minimum. e. Use landscaping to treat stormwater. 48. 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. 49. 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. 50. 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 bagels, 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. 51. 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. 52. 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: 53. 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. 54. 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). 55. CONSTRUCTION SITE FIRE SAFETY: All construction sites must comply with applicable provisions of the CFC Chapter 33 and the Fire Department's Standard Detail and Specification SI -7. Provide appropriate notations on subsequent plan submittals, as appropriate to the project. 56. PREMISES IDENTIFICATION: Approved numbers or addresses 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. N:ADEVACONDITNSA2014 \ElGato 15540.doex