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2000-132-Denying An Architecture And Site Application To Construct A New Family Residence On Property Zoned Hr- 2 1/2RESOLUTION 2000 - 132 RESOLUTION GRANTING AN APPEAL OF A DECISION FROM THE PLANNING COMMISSION DENYING AN ARCHITECTURE AND SITE APPLICATION TO CONSTRUCT A NEW SINGLE FAMILY RESIDENCE ON PROPERTY ZONED HR-2 I/2 PROJECT APPLICATION: PRJ-98-113 PROPERTY LOCATION: 15500 FRANCIS OAKS WAY PROPERTY OWNER: MIKE MOFFAT APPLICANT/APPELLANT: T.H.I.S. DESIGN WHEREAS: A. This matter came before the Town Council for public hearing on October 16, 2000, on an appeal by T.H.I.S. Design 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 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 5, 2000, Addendum dated October 5, 2000, and Desk Item dated October 16, 2000, along with subsequent reports and materials prepared concerning this application. C. On July 10, 2000, Council consider an appeal of the decision of the Planning Commission approving Architectural and Site Application PRJ-98-113, with an added condition prohibiting the future subdivision of the site. Council removed the condition and remanded the action to the Planning Commission pursuant to Town Code §29.20.300(2)(b) due to the new information that the condition prohibiting subdivisions was inapplicable. The Planning Commission considered the project on September 13, 2000 with the understanding that the site could be 1 subdivided in the future. The Commission denied the project. D. The ground for the appeal are appellant's belief that the Planning Commission erred or abused its discretion and that the decision was not supported by the evidence in the record. E. Council finds as follows: 1. Pursuant to Town Code section 29.20.300, the Planning Commission erred in basing its denial solely on the conclusion that the proposed site could be subdivided in the future, without articulating specific concerns about the proposed development consistent with the applicable provisions of the Town Code and Town development standards and policies. 2. Pursuant to Town Code section29,20.150 the considerations for approval of Architectural and Site applications have been made. 3. The proposed development is consistent with the General Plan and the Hillside Specific Plan in that it is a single family residence on a parcel zoned for such use, is compatible with neighboring development, and has been designed to minimize its impact on the neighborhood and on the surrounding hillside environment. RESOLVED: 1. The appeal of the decision of the Planning Commission on Project Application PRJ- 98-113 is therefore granted and the application is approved subject to the modified conditions of approval attached hereto as Exhibit "A" to this resolution and incorporated herein. 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. 2 PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California held on the 6" day of November, 2000 by the following vote. COUNCIL MEMBERS: AYES: Randy Attaway, Jan Hutchins, Linda Lubeck, Joe Pirzynski, Mayor Steve Blanton. NAYS: None ABSENT: None ABSTAIN: None SIGNED: ,00�MA OF TH 14eOF OS ATOS LOS GATOS, CALIFORNIA ATTEST '��-Z) CLERK OF THE TOWN OF S GAT LOS GATOS,, CALIFORNIA SABOBBIERES CONDITIONS OF APPROVAL 15500 Francis Oaks Way Project Application PRJ-98-113 Requesting Architecture and Site approval to construct a new single family residence on property zoned HR-2 1/2. PROPERTY OWNER: Mike Moffat 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. 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 the County of Santa Clara, stating that the 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. CIRCULAR DRIVEWAY. The circular turnaround driveway shall not be installed at this time but shall be proposed with a future application of another site. 4. GARAGE ENTRY. The garage entry shall be modified so that there is one garage door on the street facade and two garage doors on the west side. 5. VINEYARD. The future vineyard shall be referred to the County of Santa Clara Environmental Health Department if it is proposed to be planted above the leachfield. 6. FENCING: Fencing around the development is limited to the development and shall be reduced such that it is along the Francis Oaks Way frontage only and that any other fencing on the site be of an open design. 7. HOME LOCATION: The siting of the home shall not result in a roofline protruding above the visibility line and will be built in accordance of the Model identified as Exhibit XX at the Town Council meeting of October 16, 2000. (Building Section) 8. PERMITS REQUIRED: A building permit application shall be required for the proposed structure. Separate Electrical/Mechanical/Plumbing permit shall be required as necessary. 9. CONSTRUCTION PLANS: The Conditions of Approval shall be stated in full on the cover sheet of construction plan submitted for building permit. 10. SIZE OF PLANS: The maximum size of construction plans submitted for building permits shall be 24 in. X 36 in. 11. 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. 12. 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. 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 13. 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" x 8") shall be provided in all bathroom walls at water closets, showers and bathtubs, located at 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 accessible floors. 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. 14. SOLAR WATER HEATING: The residence shall be pre -plumbed for solar hot water heating. The plans shall show the location of a stub and valve located in the attic space for solar water hearing use. 15. 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). 16. TITLE 24 ENERGY COMPLIANCE: California Title 24 Energy Compliance forms CF-1 R and MF-1 R shall be blue lined on the construction plans. 17. TOWN FIREPLACE STANDARDS: New fireplaces shall be EPA Phase II approved appliances per Town Ordinance 1905. Tree limbs shall be cut within 10 feet of chimneys. 18. HAZARDOUS FIRE ZONE; This project requires Class A Roofing assembly. 19. 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 Town Special Inspection form from the Building Department Service Counter. The Town Special Inspection schedule shall be blue -lined on the construction plans. 20. NONPOINT SOURCE POLLUTION STANDARDS: 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. 21. 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 C. Union School District: 395-5570 Note: Obtain the School district form from the Town Building Department, after the Building Department has approved the building permit. TO THE SATISFACTION OF THE DIRECTOR OF PARKS AND PUBLIC WORKS: (Engineering Section) 22. GRADING PERMIT. A grading permit is required for grading, drainage and interim erosion control. A separate application for a grading permit (with grading plans) shall be made to the Engineering Section of the Parks and Public Works 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. 23. 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. 24. TRAFFIC IMPACT MITIGATION FEE (RESIDENTIAL). The developer shall pay a proportional the project'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. 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. (Public Works Section) 25. 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. 26. PUBLIC WORKS INSPECTIONS. The developer or his representative shall notify 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 of work that went on without inspection. 27. 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 commencedbefore October 1, all grading or earth -disturbing activities shall cease October 15 and will not be allowed to restart until April 15. Grading permits will not be 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, by October 1, if final landscaping is not in place. Maintain the interim erosion control measures throughout the October 1 to April 15 period. 28. GRADING INSPECTIONS. The soils engineer or her/his qualified representative shall continuously inspect all grading operations. The soils engineer shall submit a final grading report before occupancy/Certificate of Completion. 29. SURVEYING CONTROLS, Horizontal and vertical controls shall beset 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 29. EROSION CONTROL. Interim and final erosion control plans shall be prepared and submitted to the Engineering Development Section of the Parks and Public Works 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 if grading is allowed to go on during the rainy season. In addition, straw bales and plastic sheeting shall be stored on -site for emergency control, if needed. Install filter berms, check dams, retention basins, silt fences and straw bale dikes as needed on the project site, to protect down stream water quality during winter months. 30. 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. 31. RESTORATION OF 'PUBLIC IMPROVEMENTS. The developer/property owner 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 improvements 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. (Parks Section) 32. TREE PROTECTION: A competent Arborist 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 what will be required for this project. 33. IRRIGATION: All newly planted landscaping shall be irrigated by an in -ground irrigation system. Special care shall be taken to avoid irrigation which will endanger existing native trees and vegetation. 34. NEW TREES: Newly planted trees shall be double -staked to Town standards. 35. GENERAL: All existing and newly planted trees shown on the plan are specific subjects of approval of this plan and must remain on site. 36. 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 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. 37. LAWN. The lawn area shall be no larger than 3,000 square feet. 38. TREE PLANTING. The proposed trees along Francis Oaks Way shall be staggered so that they do not resemble a hedge. 39. DROUGHT PLANT MATERIAL. The informal tree planting area in front of the proposed residence shall contain drought tolerant, native plants. TO THE SATISFACTION OF THE SANTA CLARA COUNTY FIRE PROTECTION DISTRICT: 40. FIRE FLOW: Required fire flow for this project is 2,500 GPM at 20 psi residual pressure. The required fire flow is not available from area water mains and fire sydrants(s) which are spaced at the required spacing. 41. FIRE FLOW: Buildings requiring a fire flow in excess of 2,000 GPM shall be equipped throughout with an approved automatic fire sprinkler system. The fire sprinkler system shall be hydraulically designed per National Fire Protection Association (NFPA) Standard #13, 1994 Edition. 42. FIRE FLOW: Required fire flow may be reduced up to 50% in buildings equipped with automatic fire sprinkler systems but, can be no less than 1500 GPM. Therefore, the final required fire flow is 1500 GPM at20 psi. residual pressure. This flow shall be taken from any two fire hydrants, on or near the site so long as they are spaced at a maximum spacing of 250 feet. 43. FIRE FLOW Provide a water tank of 10,000 Gallons capacity and one wharf style fire hydrant. Installations shall conform with Fire Department Standard and Specification W-1. (Noted on Plans). 44. FIRE APPARATUS (ENGINE) ACCESS DRIVEWAY AND TURNAROUND. Applicant shall provide an access driveway with a paved all weather surface and a minimum unobstructed width of 12 feet, vertical clearance of 13 feet six inches, minimum circulating turning radius of 36 feet outside and 23 feet inside, and a maximum slope of 15 percent. Installations shall conform with Fire Department Standard Details and Specifications D-1 45. FIRE FLOW: Required Fire Service and Fire Hydrant installations shall be installed tested and accepted by the Fire Department, prior to the start of framing. Bulk construction materials shall not be delivered to the site until installations are completed as stated above. Building permit issuance may be withheld until installations are completed. 46. PREMISES IDENTIFICATION: Approved numbers oraddresses 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 and a minimum of four inches in height.