1999-156-Approval To Construct A New Single Family Residence And A Conditional Use Permit To Construct An Accessory Living Quarter On Property Zoned HR-2 1/2SOL~J7C~~l~I X999 - ~5~
RESOLUTION GRANTING APPEAL OF A REQUEST FOR ARCHITECTURE .AND SITE
APPROVAL TO CONS'T'RUCT A NEW .SINGLE FAMILY RESIDENCE AND A
CONDITIONAL USE PERMIT TO CONSTRUCT AN ACCESSORY LIVIN(s QUARTER ON
PROPERTY ZONED HR-2'/z
PROJECT APPLICATION:. PRJ-99-100
..CONDITIONAL USE .PERMIT: U~99~2
PROPERTY LOCATION.: 250 WOODED VIEW DRIVE (LOT 2)
PROPERTY OWNER: LORI HOLLAND
APPLICANT /APPELLANT: T.H.I.S. DESIGN
WHE1t~AS e
A. This matter came before the Council for public hearing on October 4, 1999, on an
appeal by T.H.I.S. Design, the applicant /appellant, from a decision of the Planning Commission
and was regularly noticed in conformance with State and Town law.
B. The Council received testimony and documentary evidence from the applicant /
appellant and all interested persons who wished to testify or submit documents. The Council
considered all testimony and materials submitted, including the record ofthe Planing Commission
proceedings and the packet of material contained in the Council Agenda Report dated.September 23,
1999, along with subsequent reports and materials prepared concerning this application.
C. The applicant / appellant is requesting Architecture and Site approval to construct a
5,562 square foot new single family house and a ConditionaTUse Permitto build an 854 square foot
detached accessory living quarter on 5.03-acre lot. The detached structure will be used as a pool
cabana for entext~ining :guests and a recreation room.
D. Development Review Committee first considered the application on July 6,199.9 and
then again on August 3, 1994 and deemed the application complete August 4, 1999. The
development .Review Committee forwarded the matter to the Planning Commission,
lE. 'The applicant./ appellant is appealing the Planning Commission decision on grounds
that the Commission erred or abused its discretion, that new information was not reasonably
available for the Commissioners review, and that the Planning Commission lacked discretion to
modify or address a policy vested in the Town Council.
P. Council finds pursuant to Town Code .Section 29.20.190:
a. Proposed use of the property will not impair the integrity and character of the.
zone which has been subdivided to accommodate such development;
b. Proposed use will not be detrimental to public health, safety or general
welfare in that the applicant has taken appropriate steps to lower the structure
.and relocate it on the site, consistent with the previously approved
subdivision in order to rriinimize its visual impact on the comrriunity9 .and,
c. Proposed use of the property is in harmony with the various elements for the
same reasons cited in the these findings.
G. Council finds pursuant to Town Code Section 29.40:075 that the lot coverage,
setbacks and FAR of the project are compatible with the development on surrounding lots.
~. Council finds pursuant to Town Code Section 29.20.300(b) that the .Planning
Commission Packed the discretion to modify or address policy which is vested in the Council for
modification or decision, to wit, the appropriateness ofthe proposed development on the site given
2
past subdivision approvals, .and thatnew information was submitted to the Council during the appeal
process concerning the applicant's ability to further lower the house .and .move it back on the -site
that was not readily and reasonably available for submission to the Commission.
1~SOLV1/Do
1. The appeal of the decision of the Planning Commission on Project application PRJ-
99-100 is therefore granted.
2. An additional condition of approval shall be added as item 5 to the Conditions. of
.f-approval as recommended to the Planning Commission, a revised and complete copy is attached
hereto and incorporated herein as lJxhibit A, providing. that the height of the residence shall be
reduced 1S inches, which may be accomplished by additional grading, and the entire structure shall
be and moved back 5 feet, both to the satisfaction of the Director of Community Development.
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 or federal law.
PASSED AND .ADOPTED at a re~ulax meeting of the Town Council of the Town of Los
Gatos, California-held ®n the 1 ~`" day of October, 1999 by the following vote,
CG~:JNCII~ ]~EI~IIEEI~S:
AYES: Randy Attaway, Steven Elanton, Linda Lubeck, Joe Pirzynski,
1Vlayor Jan ~Iutchins,
NAYS: None
ASSENT: None
AESTAIN: None
SIGNED:
T'I~E T~"GF ~,OS GAT®S
C L,IF'®IZNIA
ATTEST
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CLEF Cdr THE TORN GIq LGS GAT®S
LGS GATGS9 CAL,I~'GP~~7lA
S;WTY101 B.RES
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` PLANNING COMMISSION MEETING OF SEPTEMBER 8, 1999
'.RECOMMENDED CONDITIONS OF APPROVAL FOR:
Wooded'View Drive (Lot 2)
. Project Application PRJ-99-100
Conditional Use Permit'U-99-2
Requesting Architecture and Site .approval to construct a new single family residence and a
Conditional Use Permit to construct an accessory living quarter on property zoned HR-2'/Z.
.PROPERTY OWNER: Lori Holland
.APPLICANT: T.H.I.S. Design
TO THE SATISFACTION OF THE. PLANNING DIRECTOR:
(.Planning Section)
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 (September 8, 2001).
Section 29..20..335 defines what constitutes the use of an approval granted under the Zoning
Ordinance.
2. DEED RESTRICTION. A deed restriction shall be filed with he County of Santa Clara, 1) Limiting
the use of the accessory living quarters to a guest house; and 2) Stating thatthe Light Reflectivity
Value of the structure shall not exceed 30. A Building Permit will not be issued until the Deed
Restriction has been recorded.
3. COVERSHEET NOTES: The conditions of approval shall be printed on the-cover sheet of the final
plans submitted for building permit approval.
4. 220 POWER: The detached structure shall not have 220 wining. '
5. LOCATION: The height of the.residence shall be reduced 18 inches, which may be accomplished
r by additional grading, and the entire structure shall be and moved back 5 feet.
t (Engineering Section]
6. 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
Section of 'the Planning 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.
7. 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.
8. TRAFFIC IMPACT MITIGATION FEE (RESIDENTIAL). The developershall pay a proportional the
project's share of transportation improvements neededto serve cumulative developmentwithin he
Town of Los Gatos. The fee amount will be'based upon theTown 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.
TO THE SATISFACTION OF 1'HE DIRECTOR OF BUILDING & ENGINEERING SERVICES:
(Public Works Section)
9. 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 ofall job related dirt and debris at
N:wrnHOU~rvc.coNdr Page 1 of 4 T
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Wooded' View Drive (Lot 2)
Project Application PRJ-99-100
Conditional Use Permit U-99-2
September 8,.1.999
n
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/orthe street will' not be allowed' unless a special permit
is issued. The developer's representative: incharge shall beat 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. 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.
11. PUBLIC WORKS INSPECTIONS.. The developer or his representative shallnotify 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 ow work that went on without. inspection.
12. 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 15 and will' not be allowed
to restart until April 15. Grading permits will: not 6e issued between September 15 and April. 15.
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,. byOctober 1, if final landscaping is not in place.. Maintain the interim erosioncontrol measures
throughout the October 1 to April 15 period.
43. GRADING LNSPECTIONS. The soils engineerorher/his qualified representative shalPcontinuously
inspect all grading operations. 1"he soils engineer shall' submit a final .grading report before.
occupancy/Certificate of Completion.
14. 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
15. EROSION CONTROL.. Interim, and final' erosion control plans shall be prepared' and submitted to
the Engineering Development Section of the Planning. Department. Grading activities shall be
limited'to the period of least rainfall (April 15 to October 1'). A maximum of two weeks is allowed.
between clearing of an area and stabilizing/building on an area; ifgrading is allowed to go on during
the rainy season. In addition, strawbales and plastic sheeting shall'be stored on-sitefor emergency
control, if needed'. Installfiltet berms, check dams, retention basins, siltfences and straw bale dikes
as needed on the project site,. to protect down stream water quality during winter months,.
16. UTILITIES. The developer shalt install all utility services, including telephone,. electric power and
all other communications lines underground; as required 6y Town. Code: §27.50.045(b). Cable
television capability shall be provided'. to all' new homes.
17, 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 alFTitle 24 Disabled Access provisions. Developer shall request awalk-through. with .
the Engineering Construction lnspector before the start of construction to verifyexisting conditions.
18. DRIVEWAY APPROACH. The developer shall install.one (1) Townstandard residential driveway
approach. The new driveway approach shall be constructed per Town Standard Detail.
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.. Install a sanitary
sewer lateral clean-out at the property line.
(Building Section)
N:WTY~HOLLAND.CONdT Page 2 of 4
~• .
Wooded View Drive (Lot 2)
Project Application PRJ-99-100
Conditional'Use Permit U-99-2
September 8, 1.999
20. PERMITS REQUIRED: A building .permit application shall be required forthe proposed structure.
Separate Electrical/Mechanical/Plumbing permit shall be required as necessary,
21. CONSTRUCTION'PLANS; The Conditions of Approval shall be stated in full on the cover sheet of
construction plan submitted for building permit.
22. -SIZE OF PLANS: The maximum size of construction plans submitted for building permits shall be
24 in. X 36 in.
23. 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.
24. 'FOUNDATION INSPECTIONS: A pad certificate prepared by a licensed .civil engineer or land
surveyor shalt be submitted to the project building inspector .upon foundation inspection. This
certificate shall certify compliance with the recommendations asspecified 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 ay a licensed surveyor
or registered civil eng(neerfor the following items:
a. Pad elevation
b. Finish floor elevation
c. foundation corner locations
25. RESIDENTIAL TOWN ACCESSIBILITY STANDARDS: The residence shall be designed with
adaptability features for single family residence per Town resolution 1994-61;
a. Wooden backing (no smaller than 2 in, x 8 in,) shall be provided in all .bathroom walls at
. water closet, shower and bathtub, located at 34 inches from the floorto the center of the
'backing, suitable for the installation 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 4-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. SOLAR WATER HEATING; The residence shall be pre-.plumbed for solar hotwater heating. The
plans shall show the location of a stub and valve located in the :attic space for solarwater heating
use.
27. TITLE 24 ENERGY COMPLIANCE: California Title 24 Energy Compliance forms CF-1 R AND MF-
1 Rshall be blue lined on the construction plans.
28. PLANS: The construction .plans- for this project shall be prepared under direct. supervision of a
licensed..architect orengineer. (Business.and Professionals Code Section 5538)
29. TOWN FIREPLACE STANDARDS: New fireplaces-shall be EPA phase l l approved appliances per
the Town Ordinance 1905. Tree limbs shall be cut within 10 feet of chimneys.
30. HAZARDOUS'FIRE ZONE: This project requires Class A rooflng assembly.
31. SPECIAL .INSPECTIONS: When a especial 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 Permit, 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 plan.
32. NONPOINT SOURCE POLLUTION STANDARDS. The Town standard Santa Clara Valley
Nonpoint Source'Pollution Control Program specification sheetshall be part of plan submittal. The
specification sheet (Size 24" X 36") is available at the Building Department service counter.
33. 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
N:WTY~HOLLAND.CONdT' Page 3 of 4
~";~
Wooded View Drive (Lot 2)
Project Application PRJ-9~-100
Conditional Use Permit U-99-2
September 8,.1999
c) SCHOOL DISTRICT: The school district(s): approval required for this project is
i) Los Gatos School District: 395-5570.
ii) :Campbell Union School. District: 378-3405
iii) Union School District: 377-8010
iu) Campbell Union High School' District: 371-0960
Note: Obtain the School district form from the Town Building Department,. after the Building
Department has approved the building. permit.
d) County Health Department: 299-6060
(Parks Section)
34. TREE PROTECTION: A competentArborist shall provide direction for preservation of existing.trees
and tree protection. These. directions will be reviewed by the Parks. and' Forestry Department and an
assessment will be made to determine whatwill be required for this project.
35. IRRIGATION: All newly planted landscaping shall be irrigated by an in-ground' irrigation system.
Special care shall be taken to avoid irrigationwhich will endanger existing native trees and vegetation.
36. NEW TREES: Newly planted trees shalt be double-staked. to Town. standards.
37. GENERAL: All existing and newly planted trees shownonthe planare specific subjects of approval
of this plan and must remain on site.
38. 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 chainlink attached' to steel poles
driven two feet ihto the ground'when at the dripline ofthe tree. Ifthe fence has to be within eightfeet
of the trunk of the tree a fence base may be used,. as in a typical chain link. fence that. is rented..
TO THE SATISFACTION OF THE SANTA CLARA COUNTY FIRE PROTECTION DISTRICT: (~
~.`ry_
39, REQUIRED FIRE FLOW: Required fire- flow for this project is 2,500 GPM at ZO psi residual
pressure. The required fire flow is not available from area water mains and fire hydrant(s) which are
spaced at the. required. spacing..
40. AUTOMATIC FIRE SPRINKLER SYSTEM. REQUIRED:. Buildings requiring a fire flow in excess of
,2,000 GPM shall be equipped throughout: with an approved; automatic fire sprihkler system,.
hydraulically designed per National fire Protection Association (NFPA) Standard #13d.
41. WATER SUPPLY FOR FIRE PROTECTION. (SINGLE FAMIL' Y DWELLING); Provide a water tank
of 10,000 gallons capacity and one wharf style fire hydrant..- installation shall conform with Fire
Department Standard. Details and Specifications W-1.
42. TIMING OF REQUIRED WATER SUPPLY INSTALLATIONS; Installationsofrequiredfireservice(s)
and fire hydrant(s) shall be tested and accepted by the Fire Department, priorto the start of framing
or delivery of bulk combustible materials. Building permit issuance may be withheld until required.
installations are completed, tested, and accepted'.
43. REQUIRED ACCESS TO V1/ATER SUPPLY (HYDRANTS): Portions of the structure(s) are greater
than 150 feet of travel distance from the centerline of the roadway containing public fire hydrants.
Provide an approved residential fire sprinkler system throughout all portions ofthe pool' building as
well. as main residence.
44. EMERG~NCYGATE/ACCESS GATE REQUIREMENTS: When open gates shall not obstruct any
portion of the required access roadway or driveway width. If provided, all locks shall. be fire
department approved'. installations shall. conform with Fire Department Standard'. Details and
Specification G-1 & K-1.
U
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