2000-126-Rescinding Resolution #200-99 And Granting An Appeal Of A Planning Commission Decision Requesting Approval To Construct An Accessory Living Quarter And A Variance Application To Exceed The Allowable Height On Property Zoned Hr- 2.5.RESOLUTION 2000 - 126
RESOLUTION RESCINDING RESOLUTION #200-99 AND GRANTING AN APPEAL OF A
PLANNING COMMISSION DECISION REQUESTING APPROVAL TO CONSTRUCT AN
ACCESSORY LIVING QUARTER AND A VARIANCE APPLICATION TO EXCEED THE
ALLOWABLE HEIGHT ON PROPERTY ZONED HR-2.5.
CONDITIONAL USE PERMIT APPLICATION: U-00-1
VARIANCE APPLICATION: V-00-1
PROPERTY LOCATION: 15690 GUM TREE LANE
PROPERTY OWNER/ APPELLANT: ERIC HAMILTON
WHEREAS:
A: On July 17, 2000 the Town Council adopted Resolution #2000-99 granting an appeal
of a Plamiing Commission decision requesting approval to construct an accessory living quarter and
a variance application to exceed the allowable height on property Zoned HR-2.5, Conditional Use
Permit Application UU-0-1, Variance Application; V-00-1, for property located at 15690 Gum Tree
Lane.
B. The Resolution adopted by the Council did not contanthe attachmentreferred to as
"Exhibit A-Conditions of Approval".
C. This matter came before the Council for public hearing on July 17, 2000, on an appeal
by Eric Hamilton from a decision of the Planning Commission and was regularly noticed in
conformance with State and Town law.
D. The Council received testimony and documentary evidence from the appellant and
all interested persons who wished to testify or submit documents. 'The Council considered all
testimony and materials submitted, including the record of the P1aiuling Commission proceedings
and the paclcet of material contained in the Council Agenda Report dated July 17, 2000, along with
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subsequent reports and materials prepared concerning this application.
E. Appellant is requesting approval to construct an accessory living quarter and a
variance application to exceed the .allowable height of 15 feet on a nine (9) acre parcel of property
zoned HR-2.5.
F. The basis ofthe appeal is appellant's belief thatthe Commission lacked the discretion
to address errors that appellant .alleges were made by the Town in May 1998 which resulted in the
expiration of the original conditional use permit.
G. Council finds as follows:
(1) Pursuant to Town Code section29.20.300 that this matter presented an issue
or policy over which the Planning Commission did not have discretion to modify or address, but
which is vested. in the Council for modification or decision; to wit, whether, in light ofthe facts of
this application, special conditions exist that would make enforcement of the provisions of the Town
zoning code result in undue hardship within the meaning of Town Code section 29.20.165..
{2) Pursuant to Town Code sections 29:20.165 and 29.20.170., because. of special
.circumstances :applicable to the property, including the size and topography of the property that
would reduce the visual impact ofthe proposed project, and the hillside location of the property that
throughout the 1996 through 1998 El Nino condition when .appellant's original permit was active
made development in the hillside areas difficult, the strict application of the provisions of the Town
zoning code deprives the subj ect property of privileges enj oyed by other property in the vicinity and
under identical zone including the ability to have constructed an accessory structure in excess of 15
feet, which would have been possible under the original permit.
(3) Pursuant to Town Code section 29..20.170, the granting of a variance would
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not constitute a grant of special privileges inconsistent with the limitations upon other properties in
the vicinity and zone in which such property is situated because appellant had a permit to construct
an accessory structure at the desired height consistent with prior Town regulations,. but was denied
the ability to construct said. structure consistent wit11 the permit .due the 1996 through 1998 El Nino
condition when appellant's original permit. was active made development in the hillside areas
difficult.
(4) Pursuant to Town Code section 29.20.190, t11e proposed use of the property
is essential or desirable to the public convenience or welfare, will not impair the integrity and
character of the zone, would not be detrimental to the public health, safety or general welfare and
is in harmony with the elements and obj ectives of the General Plan because the proposed use is a low .
density use that preserves the traditional rural setting, unique terrain and natural topography and
integrity of the .hillside area consistent with the goals and policies for properties located within the
Hillside Residential designation of the General Plan; because accessory structures are allowed in all
residential zones including the HR-2.5 zone; because the structure will be situated on the
northwesterly corner of a nine (9) acre parcel and will be substantially hidden from neighboring
properties and from the valley floor; and because t11e Town Code allows for variances from the strict
application of zoning regulations.
(5) The project is categorically exempt pursuant to section 15303 of the State
Environmental Guidelines as adopted by the Town.
RESOLVED:
1. The Resolution .adopted by the Town Council on August 7, 2000, identified as
Resolution #200=99 is rescinded and declared null and void.
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2. The appeal ofthe decision of the Planning Commission on Conditional Use Permit
.Application U-00-1 and Variance Application V-00-1 is granted and the applications are approved
subject to the conditions of approval attached hereto as Exhibit "A" to this resolution and by this
resolution, incorporated herein.
3. This constitutes a final adjudicatory administrative decision subj ect to judicial review
within the time limits specified in section 1094.6 of the California Code of Civil Procedure, the
provisions of which have been adopted by the Town of Los Gatos.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los
Gatos, California held on the 16t~' day of October, 2000 by the following vote.
COUNCIL MEMBERS.:
AYES: Randy Attaway, Linda Lubeck, Joe Pirzynslci,
Mayor Steven Blanton
NAYS : None
ABSENT: Jan Hutchins
ABSTAIN: None
SIGNED:
S GATOS
ATTEST
CLERK OF THE TOWN OF S GATOS
LOS GATOS, CALIFORNIA
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LOS GATOS, CALIFORNIA
CONDITIONS OF APPROVAL
15690 Gum Tree Lane
a. Conditional Use Permit U-00-1
b. Variance Application V-00-1
Requesting approval to construct an accessory living quarter and a variance application
to exceed the allowable height on property zoned HR-2 ~/Z.
PROPERTY OWNER/APPLICANT: Eric Hamilton
TO THE SATISFACTION OF THE 'DIRECTOR OF COMMUNITY DEVELOPMENT:
(.Planning Section)
1. EXPIRATION OF APPROVAL. The Conditional Use Permit .approval for the
accessory living quarter 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. COVER SHEET NOTES. The conditions of approval shall be printed on the cover
sheet of the #inal plans submitted for building permit approval.
3. DEED RESTRICTION. Prior to the issuance of a building permit, a deed restriction
shall be recorded by the applicant with the Santa Clara County .Recorder's Office
#hat the Accessory Living Quarters shall not be converted or used as a Secondary
Dwelling Unit and at no time shall a kitchen or any kitchen facilities be placed in the
structure by .persons related or unrelated to 'the owner.
(Building Section)
5. PERMITS REQUIRED: A building permit application shall be required for the
proposed structure. Separate Electrical/Mechanical/Plumbing permitshall be required as
necessary.
6. CONSTRUCTION PLANS: The Conditions ofApproval shall be stated infull on
the cover sheet of construction plan submitted for building permit.
7. SIZE OF PLANS: The maximum size of construction plans submitted for
building permits shall be 24'in. X 36 in.
8. PLANS: The construction plans for this project shall be prepared under direct
supervision of a licensed .architect or engineer. (Business and Professionals Code
Section5538)
9. 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.
10. 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
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surveyor or registered civil engineer for the following items:
a. pad elevation
b. finish floor elevation
c. foundation corner locations
11. HAZARDOUS'FIRE ZONE: This .project requires Class A roofing assembly.
12. TITLE 24 ENERGY COMPLIANCE: California Title 24 Energy Comp lance
forms CF-1 R and MF-1 R shall be blue-lined on the construction plans.
13. 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.
14. 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"x36") is available at the Building
Department counter.
15. 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
TO THE SATISFACTION OF THE DIRECTOR OF PARKS :AND PUBLIC WORKS:
(Parks and Forestry Section)
16. EXLSTING TREES. Existing trees shall be protected prior to .and during
construction by measures subject to approval by the Parks and Forestry Department.
Additionally, existing trees should be put on a maintenance program and recommendations
by the Arborist should be followed to preserve the. trees.
17. GENERAL. All existing trees shown on the plan are specific subjects of
approval. of this plan, and must remain on site..
18. TREE FENCING. Require tree protection fencing to be placed at the dripline
of existing trees to be saved in the area of construction. Fencing shall be four feet high
chain link 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 may be used,
as in a typical chain. link fence that is rented. These .,.protection measures are subject to
approval by the Parks and Forestry Department.
TO THE SATISFACTION OF THE SANTA CLARA COUNTY f1RE DEPARTMENT:
(fire Department:Section)
19. FIRE FLOW. Provide the required fire flow from fire hydrants spaced at a
minimum of 500 feet, or provide an approved fire sprinkler system designed .per National
Fire Protection Association (NFPA) Standard #13D and local ordinances, throughout all
portions of the structure.
20. Fl RE FLOW. Portions of the structures(s) are greater than 150 feet of travel
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distance from the centerline of the roadway containing public fire hydrants. Provide an on-
sitefire hydrant or provide an approved fire sprinkler system throughout all portions of the
building:.
21. FIRE ACCESS. Provide an access drivewaywith a paved all weathersurface,
a minimum unobstructed width of 12 feet, vertical clearance of 13 feet 6 inches, minimum
circulating turning radius of 36 feet outside and 23 feet inside, and a maximum slope of
15%
22. FIRE ACCESS. Provide an approved fire department engine driveway
turnaround with a minimum radius of 36 feet outside and 23 feet inside. Installations shall
conform with .Fire Department Standard Details and Specifications D-1.
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