Loading...
1997-007-Denying A Request For Architecture And Site Approval To Demolish A Pre-1941 Residence And To Construct A New Two Story Single Family Residence On Property Zoned R-1:8RESOLUTION 1997 - 7 RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS GRANTING APPEAL OF PLANNING COMMISSION DECISION DENYING A REQUEST FOR ARCHITECTURE AND SITE APPROVAL TO DEMOLISH A PRE -1941 RESIDENCE AND TO CONSTRUCT A NEW TWO STORY SINGLE FAMILY RESIDENCE ON PROPERTY ZONED R -1:8. PROJECT APPLICATION PRJ- 96 -75. PROPERTY LOCATION: 123 LOMA ALTA AVENUE. PROPERTY OWNERS /APPELLANTS: TERRY AND VICTORIA MCELROY. WHEREAS: A. This matter came before the public hearing on January 6, 1996, continued from December 16, 1996, on an appeal from a decision of the Planning Commission and was regularly noticed in conformance with State and Town law. B. The Planning Commission had denied the applicant's request for architecture and site approval to demolish the existing structures on the property and request to construct a new two story single family residence, and the applicant requested the Council to reverse the Planning Commission's decision. C. The Council received testimony and documentary evidence from the applicant and property owners and all interested persons who wished to testify or submit documents. The Council considered all testimony and materials submitted, including the record of the Planning Commission proceedings and that packets attached to the Council Agenda of December 16, 1996 and January 6, 1997, concerning this application. D. The applicant does not wish to maintain the structure, which is not of a historical nature, and in order to comply with the requirements of the Town Code regarding structures across lot lines, the residence would have to be moved if its is not demolished. There is no economic utility in moving the structure rather than demolishing it and replacing it with a new residence. E With respect to site approval, the Planning Commission erred in not considering the character of the neighborhood as a whole or considering the size or mass of the proposed structure in relation to the other buildings in the neighborhood. F. The Planning Commission did not have the opportunity to consider certain design changes (replacing cement window casings on front window with shutters, removing the front balcony and exterior lighting), which improve consistency with the neighborhood. RESOLVED: The appeal of the decision of the Planning Commission Project PRJ -96 -75 is granted and is approved subject to the conditions attached as Exhibit A hereto. 2. This decision does not and shall not constitute any precedent for any other demolition the Town, and the Town shall continue to examine any such request on a specific site, design, and historic use basis under the Town Code and Town policies. 3. Pursuant to Town Code section 29.20.320, this approval will expire two (2) years from the date that this resolution was adopted unless the approval is used before expiration. Section 29.20.335 defines what constitutes use of an approval granted under the Zoning Code. Reasonable time extensions of the approval not exceeding one year may be granted upon application to and approval by the Planning Commission, but the Commission approval must occur before the initial expiration of the approval occurs. This 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 21st day of January, 1997 by the following vote. COUNCIL MEMBERS: AYES: Randy Attaway, Steven Blanton, Jan Hutchins, Linda Lubeck. NAYS: Mayor Joanne Benjamin ABSENT: None ABSTAIN: None SIGNED: , >LMYOR OF THE TOWN PPF�I OS GATOS LOS GATOS, CALIFORNIA ATTEST: j CLERK OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA 3 EXHIBIT A CONDITION OF APPROVAL ON DEMOLITION OF STRUCTURES AT 123 LOMA ALTA AVENUE Project: PRJ -96 -75 Property Owners: Terry and Victoria McElroy TO THE SATISFACTION OF THE PLANNING DIRECTOR: 1. CONDITIONS OF APPROVAL LETTER. A Copy of the Conditions of Approval letter shall be printed on the cover sheet of the Building Permit plans. 2. SOLAR WATER. The residence shall be pre - plumbed for solar hot water heating. 3. WELLS. A well information questionnaire (available through the Counter Technician) shall be completed before the issuance of the building permit. 4. CASINGS. The developer will remove all cement window casings and replace the cement casings around the front window with with shutters. BALCONIES. The developer will remove the front balcony. LIGHTING. The developer will remove the exterior lighting on the front balcony. TO THE SATISFACTION OF THE DIRECTOR OF PARKS, FORESTRY AND MAINTENANCE SERVICES: 7. TOWN TREE PROTECTION ORDINANCE. All existing trees listed on the plan are specific subjects of this approval and must remain on site. 8. TREE STAKING. All newly planted trees shall be double stake to Town standards. TO THE SATISFACTION OF THE DIRECTOR OF BUILDING AND ENGINEERING SERVICES: 9. GENERAL. All public improvements shall be made according to the latest adopted Town Standard Drawings and the Standard Specifications for Public Works Construction. All work shall conform to the applicable Town ordinances. Adjacent public right -of -way shall be kept clear of all job related dirt and debris at the end of day. Dirt and debris shall not be washed into storm sewers. The storing of goods and materials on the sidewalk and/or 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. 10. PUBLIC WORKS INSPECTIONS. The developer or his representative shall notify the Engineering Construction 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. 11. 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, or signs 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. Developer shall request a walk - through with the Engineering Construction Inspector before the start of construction to verify existing conditions. 12. SIDEWALK REPAIR. The developer shall repair and replace to existing Town standards any sidewalk damaged now or during construction of this project. Sidewalk repair shall match existing color, texture and design, and shall be constructed per Town Standard Detail S -1. Limits of sidewalk repair will be determined by the Engineering Construction Inspector during the construction phase. 13. 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 Detail S -1. Limits of curb and gutter repair will be determined by the Engineering Construction Inspector during the construction phase. 14. GRADING MORATORIUM. No grading or earth - disturbing activities shall be initiated between October 1 and April 15 of each year. For grading operations commenced before October 1, all grading or earth disturbing activities shall cease October 15 and will not be allowed to restart until April 15. These limitations include, but are not limited to these items: driveways, building pads, foundation trenches, 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. 15. GRADING INSPECTIONS. The soils engineer or his qualified representative shall continuously inspect all grading operations. The soils engineer shall submit a final grading report before occupancy and Certificate of Completion. 16. SURVEYING CONTROLS. Horizontal and vertical controls shall be set and certified by a licensed surveyor or registered civil engineer for the following items: a. Retaining wall - -top of wall elevations and location b. Toe and top of cut and fill slopes C. Pad elevation d. Finish floor elevation e. Foundation corner locations 17. UTILITIES. The developer must agree to install all utility services, including telephone, electric power, and other communications lines underground, according to Town policy. Cable television capability shall be provided to all new lots or houses. The developer shall connect to the San Jose Water Company for water service and the West Valley Sanitation District for sanitary sewer service. 18. 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. 19. 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. The property owner shall install a sanitary sewer lateral clean -out at the property line and connect to the West Valley Sanitation District. 20. DRIVEWAY APPROACH. The developer shall install one (1) Town Standard Residential driveway approach. The new driveway approach shall be constructed per Town Standard Detail S -2. 21. BUILDING PERMITS. A building permit application shall be required for each proposed structure. Separate Electrical /Mechanical/Plumbing permit shall be required as necessary. 22. SIZE OF DEVELOPMENT PLANS. The maximum size of construction plans submitted for building permits shall be 24 in. X 36 in. 23. SOILS REPORT. Soils report and foundation design recommendation shall be required for this project. The report shall be prepared by a licensed civil engineer specialized in the soils mechanics. Two copies 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, pavement design, retaining wall design, and erosion control. The reports shall be signed and "wet stamped" by the engineer, in conformance with Section 6735 of the California Business and Professions Code. 24. FOUNDATION INSPECTION /PAD CERTIFICATE. 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 location 25. DISABLED ACCESS. The residence shall be designed with adaptability features for single family residences per Town resolution 1994 -61: a. Wooden backing (2 x 8 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. b. All passage doors shall be at least 32- inches wide on accessible floor.* 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. 26. ENERGY COMPLIANCE. California Title 24 Energy Compliance forms shall be blue lined on the construction plans. 27. CONSTRUCTION PLAN PREPARATION. The construction plans for this project shall be prepared under direct supervision of a licensed architect or engineer. (Business and Professionals Code Section 5538) 28. FIREPLACES. New fireplaces shall be EPA phase II approved appliances per the Town Ordinance 1905. Tree limbs shall be cut within 10 feet of chimneys. 29. NON -POINT SOURCE. The Town standard Santa Clara Valley 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. 30. REQUIRED ASSOCIATED AGENCY APPROVALS. The Project requires the following agencies approval before issuing a building permit: a) West Valley Sanitation District: 378 -2408 b) Central Fire District: 378 -4015 c) Your project School district certificate of approval from any of the following: i) Los Gatos School District: 395 -5570 *Note: obtain the School district form from the Town Building Department.