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2000-116-Approving A Request To Demolish A Pre -1941 Residence And To Construct A New Residence And A Caretakers Unit For A Horse Boarding And A Training Facility On Property Zoned Hr-5 ArchRESOLUTION 2000 -116 RESOLUTION GRANTING THE APPEAL OF A PLANNING COMMISSION DECISION APPROVING A REQUEST TO DEMOLISH A PRE-1941 RESIDENCE AND TO CONSTRUCT A NEW RESIDENCE AND A CARETAKERS UNIT FOR A HORSE BOARDING AND TRAINING FACILITY ON PROPERTY ZONED HR-5. ARCHITECTURE AND SITE APPLICATION: S-00-5 CONDITIONAL USE PERMIT: U-0-5 PROPERTY LOCATION: 14411 SHANNON ROAD PROPERTY OWNER / APPLICANT: WILLIAM AND SANDRA SWIETZER APPELLANT: STEVE TROLAN 1i�jt[x Wx- 3 A. This matter came before the Council for public hearing on September 18, 2000, on an appeal by Steve Trolan ("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 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 Planing Commission proceedings and the packet of material contained in the Council Agenda Report and Desk Item dated September 8, 2000 and September 18, 2000, along with subsequent reports and materials prepared concerning this application. C. Applicants are requesting approval to demolish a 1,584 square foot pre-1941 single family residence and to construct a new residence and a caretakers unit for a horse boarding and training facility on a 24,975 acre parcel. Applicants also propose to construct a horse shelter and hay barn. D. The Planning Commission considered this matter on June 14, 2000 and continued the matter requesting additional information. On August 9, 2000, after reviewing the requested material, the application was approved subj ect to conditions. E. The stated grounds for the appeal is Appellant's that conditions were added to the approval without public discussion, that story poles were not required for all structures, that too may structures are proposed for the lot, that there was no discussion regarding proposed building materials, and that a variance should be required for the proposed use. Applicants' use the appeal as an opportunity to request a modification in the conditions of approval to limiting the total allowed number of horses on site to 17 rather than 14 and to increase the hours of evening operation. F. Council finds as follows: 1. Pursuant to Town Code Section 29.20.300 that the Planning Commission erred in limiting the number of horses to 14 and the hours of evening operation without sufficient accommodation for users' desire to access the facility after working hours at times of year when the there remains adequate light. 2. Council incorporates herein the findings of the Planning Commission made on August 9, 2000. Council further finds that the proposed use is permitted with the approval of a conditional use permit, that a variance is not required, and that story poles are required for the main residence and the arena/stable but not for accessory buildings and structures. 3. The Planning Commission was otherwise correct in approving the applications. RESOLVED: 1. The appeal of the decision of the Planning Commission on Architecture and Site Application 5-00-5 and Conditional Use Permit U-00-5 is therefore granted in order to modify Conditional Use Permit conditions as stated below: a. Allow a maximum of seventeen (17) horses on the property at any one time, with four (4) additional horses allowed once a month for clinics as currently provided in condition No. 3. b. Allow operations on Monday through Friday during Pacific Standard Time to go from 8 a.m. to 8 p.m., and during Daylight Savings Time from 8 a.m. to 9 p.m., and on Saturdays from 2 8 a.m. to 7 p.m., and on Sundays from 8 a.m. to 6 p.m. C. Require review of the CUP within one year of approval. 2, The Conditions of Approval as amended pursuant to this action, attached hereto as Exhibit "A" to this resolution and by this reference incorporated herein, are hereby adopted as the Conditions of Approval for Architecture and Site Application S-00-5 and Conditional Use Permit U-00- 5. 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 regular meeting of the Town Council of the Town of Los Gatos, California held on the 2"d day of October, 2000 by the following vote. COUNCIL MEMBERS: AYES: Randy Attaway, Jan Hutchins, Linda Lubeck, Joe Pirzynski, Mayor Steven Blanton, NAYS: None ABSENT: None ABSTAIN: None SIGNED: IVIA LO'k ATTEST C CLERK OF THE T04 +OF O • GATOS Fl LOS GATOS, CALIFORNIA ` OF THE TOWN OYLOS GATOS TOS, CALIFORNIA 3 CONDITIONS OF APPROVAL FOR THE ARCHITECTURE AND SITE APPLICATION S-00-5 14411 Shannon Road TO THE SATISFACTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT: (Planning Section) 1. EXPIRATION. The approval will expire two years from the 35 date defines whato oast apprval less the approval is used before expiration. the Zoning90rd Hance. the use of an approvalantedunder g 2. DEED RESTRICT permit, a deed restriction shall be recorded by the a Prior l ant with the Santa Clara County Recorder's Office that requires all exterior paint colors to be maintained in conformance with the Town's Hillside Development Standards. 3. TREE REMOVAL PERMIT. A Tree Removal Permit Permall be obtained prior to the issuance of a Building, Grading or Encroachment 4. RECYCLING. All wood, .metal, glass and aluminum a�nmrlwhials gh w II enerateecycfrom le the demolished structure shall be deposited company materials. Receipts from the company(s) accepting these materials, noting type and weight of material, shall be submitted to the Town prior to the Town's demolition inspection. (Building Section) 5. PERMITS REQUIRED: A building permit application shall be required for each of the proposed structures. Separate Electrical/Mechanical/Plumbing permits shall be required as necessary. royal shall be stated in full on the 6. CONSTRUCTION PLANS: The Conditions ofApp cover sheet of the 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 eer. (Businect ess underl be prepared ess and Professionals Code supervision of a licensed architect or engin Section 5538)Air g. DEMOLITION PERMIT REQUIREMENTS: complete leteact ay theiB processaas necQessalry ty Management District (415-771-6000) an p before obtaining a building permit for demolition rocess plans shall inclludel all Department. As part of the permit applicationp P.G. & E. No existing structures, existing utility service lines such as water, sewer, demolition work shall be done without first obtaining a demolition permit from the town. to the satisfaction of the copies of a soils report, et i pn pwalld 10. SOILS REPORT: Two design recommendations Building Official, containing foundation an g Page 1 of 7 EXHIBIT A Permit application. This report shall be shall be submitted with the Building ed b a licensed civil prepared by a licensed civil engineer specializing in soils mechanics. prep ad certificate prepay Y 11. FOUNDATION INSPECTIONS: A p Rance with the engineer or land surveyor shall be submitted to the peect building inspector upon foundation inspection. This certificate shall ad elevation and soils recommendations as specified in the elevations preparedlacco ding to approveded on -site retaining wall locations and el a licensed plansHorizontal and vertical controls shall be tite d certified by surveyor or registered civil engineer for the following a. pad elevation b, finish floor elevation c. foundation corner locations 12. RESbe IDENTIA L TOWN ACCESSIBILITY STANDARDSences residences per Town Resolultion designed with adaptability features forsingle family rest provided in all No. 1994-61: no smaller than 2 in. X 8 in.) Shall be p a. Wooden backing bathroom walls at water closet, shower and bathtub backng, suitableforforated the at 34 in. From the floor to the center of t installation of grab bars. the All assage doors shall be at least 32 in. Wide � door including, accessible 5 foot x b, p C. Primary entrance shall have a 36 in. Widewith the 5 foot level landing no more than 1 :�n' leaOur �ance on the strike immediate interior floor level, with an 18 inc side. d, Door buzzer, bell or chime shall be "hard" wire roved FIREPLACE STANDARDS: New fireplaces go.T eelbe limbsPshall be clut within 10 A Phase 13. TOWN per the Town Ordinance No. 1905 appliances as p feet of chimneys. special inspection is required by Uro Section are an inspection program that 14. SPECIAL INSPECTIONS Ncht ectTorOeng•ineeh of record shall prepare ,prior to issuance of the 1701, the Official for approval shall be g submitted to the Building Service Counter. The Town Permits, in accordance with UBC Section t06.3.5. Please obtain own Building P Department Special Inspection form from the Building pep the standard Santa Clara ' I Ins ection schedule shall be blue -lined S The Town standard plans. Special p 15. NONPOINT SOURCE POLLUTION on ControNProgram specification sheet shall be part Valley Nonpoint Source I. The specification sheet (size 24"x36") is available at the Building of plan submittal. royal Department counter. ro ect requires the following agencies approval 16. APPROVALS REQUIRED: Thep 1 before issuing a building permit: a. West Valley Sanitation District: 378-2407 b. Santa Clara County Fire Department: Heath Department: 29-4010 9-2050 c, Santa Clara County Environmental d. Los Gatos SchonoHightSchool District: 371ct: 395-5570 -0960 e. Campbell Un g page 2 of 7 Note. Obtain the School District form(s) 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 Division) GRADING PERMIT. A grading permit is required for site grading, drainage and erosion control. A sep� application for a grading permit (with grading plans) shall be made to the Engineering Division of the Parks Public Works Departmenttaining location, The grading plans shall include final grading, drainage 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.or .AREA OF GRADING. There shall be grading, gcorridor) except fop the road disturbance within 100 feet of the creek(riparian the round pen as shown on the plans dated August 1, 2000. FISH AND GAME REQUIREMENTS. A " 1603r permit mall be obtai endoo th California Department of .Fish and Game of the .permit shall be provided to the ear riparian areas within their jurisdiction. A copy permits are issued. Parks & Public Works Department before any p GENERAL. All public improvements shall be made according cnghlatest adoork pted Town Standard Drawings and the Town Standard hall 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. not be allowednunlesof goods and a special materials on the sidewalk and/or the street permit is issued.. The developer's representative charge rshall y e at the job site during all working hours. Failure to maintain thepublicight ofaccording to this condition may result in the Town performing the required maintenance at the developer's expense. PUBLIC WORKS INSPECTIONS. The developerfourhis representative shah u s before starting aln wol rk fy the Engineering Inspector at least twenty ( 24 ) pertaining to on -site drainage facilities, grading ct oor n ow work that wenting, and all work in ton without right-of-way. Failure to do so will result in I inspection. GRADING 'MORATORIUM. No grading or earth -disturbing activities shall be initiated in hillside areas between October 1 and April 15 of each ng or earth -disturbing year. n o gractivities d ieg operations commenced before October 1, ato restart until April 15. Grading shall cease October 15 and will not be allowed permits will not be issued between September 15 and April 15. These limitations include, but are not limited to these items: driveways, building pads, f sun nation trenches and drilled piers, retaining walls, swimming pings 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 17. 19 20. 21 22 Page 3 of 7 in place. Maintain the interim erosion control measures throughout the October 1 to April 15 period. Horizontal and vertical controls shall be set and certified 23. SURVEYING CONTROLS. d civil engineer qualified to practice land by a licensed surveyor or registere surveying, for the following items: a. Retaining wail --top of wall elevations and locations b. Toe and top of cut and fill slopes 24. EROSION CONTROL. Interim and final erosion control plans shall be prepared and submitted to the Engineering Division of the Parks & Public Works Department. On sites over five (5) acres, a Notice of Intent (NOI) and Storm Water Pollution Prevention Plan (SWPPP) shall be submitted to the San Francisco Bay Regional Water Quality Control Board. 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. 25. 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). 26. 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. 27, DEDICATION. A twenty foot wide "floating" easement shall be dedicated to the Town for a future trail. The easement shall run from the east to the west property line and shall be located within 200 feet of the northern property line. The easement shall be dedicated prior to final occupancy of whichever structure is finaled first. 28. TRAFFIC IMPACT MITIGATION FEE. The developer shall pay a proportional fee to 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 building permit application is made. The fee shall be paid prior to final occupancy of the caretaker unit. The traffic impact mitigation fee for this project using the current fee schedule is $3,662.00. (Parks Section) 29. GENERAL. All existing trees to remain and all newly planted trees are specific Page 4 of 7 subjects of approval of this plan and must remain on site. 30. TRAIL CONTRIBUTION. Prior to final occupancy of the last structure (main house, caretakers unit or horse arena) the applicant shall contribute $50,000.00 to the Town's trail maintenance account. 31. NEW TREES. The new trees to be planted shall be double -staked, using rubber tree ties and shall be planted prior to occupancy. 32. PROTECTIVE FENCING. Prior to any construction or building permits being issued, the applicant shall meet with the Director of Parks, Forestry and Maintenance Services concerning the need for protective fencing around the existing trees. Such fencing is to be installed prior to, and be maintained during, construction. The fencing shall be a four foot 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 base may be used, as in a typical chain link fence that is rented. 33, IRRIGATION, All newly planted material shall be irrigated by an in -ground system. Special care shall be taken to avoid irrigation which will endanger existing native trees and vegetation. 34. LANDSCAPE PLAN. Afinal landscape plans shall be submitted and approved prior to the issuance of a building permit. This plan shall outline the variety of native plants and trees. 35. SCREENING. Further screening shall be added between the arena and Shannon Road which is in addition to the screening noted in the applicant's letter received on August 1, 2000. TO THE SATISFACTION OF THE FIRE DEPARTMENT 36. REQUIRED FIRE FLOW. The required fire flow for this project is 2,000 GPM at 20 psi residual pressure. The 2,000 GPM is based upon the proposed new homes size as well as the protected area of the riding arena/barn acknowledging also the barn's construction of Type II-N. 37 REQUIRED FIRE FLOW (ARENA). For the arena building, the developer shall provide the required fire flow from fire hydrants spaced at a maximum of 500 feet or provide an approved fire sprinkler system designed per National Fire Protection Association (NFPA) Standard #13 and local ordinances, throughout all portions of the building. The fire sprinkler system supply valving shall be installed per Fire Department Standard Detail and Specifications W-1. 38. REQUIRED FIRE FLOW (SINGLE 'FAMILY DWELLINGS). The developer shall provide the required fire flow from fire hydrants spaced at a maximum of 500 feet or provide an approved fire sprinkler system designed per NFPA Standard #13D and local ordinances, throughout all portions of the building. The fire sprinkler system supply shall be installed per Fire Department Standard Detail and Specifications W-1/SP-4. Residential fire sprinkler systems may be supplied from the domestic supplies provided to the site. 39. FINAL FIRE FLOW. 'Required fire flow maybe reduced up to 50% in buildings equipped with automatic fire sprinkler systems but can be no less than 1,500 GPM. This fire flow shall be available from any two fire hydrants on or near the site, so Page 5 of 7 long as they are spaced at a maximum of 250 feet.. 40. ON SITE FIRE SERVICE MAINS AND/OR HYDRANTS. Installation of private fire service mains and/or fire hydrants shall conform to NFPA Standard #24 and Fire Department Standard Details and Specification W-2. A separate installation, permit from the Fire Department is required. 41. FIRE SERVICE DRAWINGS. A copy of the fire department "approved" underground fire service drawings shall be provided to the appropriate water company for record purposes prior to the installation. To ,prevent engineering delays, the underground contractor shall submit to the fire department three sets of shop drawings designed per NFPA Standard #24, a completed permit application, and applicable fees for approval. 42. FIRE HYDRANT. Provide two private on -site fire hydrants installed per NFPA Standard #24 at locations to be determined by the Fire Department. Maximum hydrant spacing shall be 500 feet with a minimum acceptable flow of 1,000 GPM at 20 psi residual pressure. The two new fire hydrants are currently shown to be placed at the fork in the driveway leading to the arena and at the east end of the arena. 43. TIMING OF WATER SUPPLY INSTALLATIONS. Installations of required fire services and fire hydrant shall be tested and accepted by the Fire Department prior to the start of framing or delivery of bulk combustible materials. Building permit issuance may be withheld until required installations are completed, tested and accepted. 44. ACCESS DRIVEWAY AND TURNAROUND. Provide an access driveway with a paved all weather surface, 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%. Installations shall conform with Fire Department Standard Details and Specifications D-1. 45. DRIVEWAY INSTALLATION. Required driveway installations shall be constructed and accepted by the Fire Department prior to the start of construction. Bulk combustible materials shall not be delivered to the site until installations are complete. Note that the building permit issuance may be withheld until installations are completed. 46. PREMISE IDENTIFICATION. Approved numbers or addresses shall be placed on new buildings in such a position as to be visible and legible from the street or road fronting the property. The numbers shall contrast with their background. Page 6 of 7 CONDITIONS FOR CONDITIONAL USE PERMIT U-00-5 14411 Shannon Road TO THE SATISFACTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT: (Planning Section) 1. EXPIRATION. The approvals will expire two years from the date of approval unless are used 'before expiration. Section Zoning Ordinadceines what the approvals constitutes the use of an approval granted under the 2. CARETAKER UNIT. The unit shall only o horses is permitted be rented as a ronathe site kers lat one time. t. 3, HORSES. A maximum Of fourteen (17)per month, during the hours of Four additional horses shall be allowed one day p operation. 4, HORSE SHOWS. There shall be no horse shows. ified sound. 5, NOISE. There shall ben llighting oud s shall rb/e nplaccordance with the lighting plan 6. LIGHTING, All exterior submitted. There shall be no pole lighting allowed. 7, ARENA. The arena shall not be enclosed, 8, HOURS OF OPERATION. The maximum hours M of operation on Saturday,aand 8 0 re 8:00 AM AM to 6 00 Monday through Friday, and 8:00 AM to 7:00 P PM on Sunday, Pacific Standard Time, 8:00 AM to 9:00 PM Pacific Daylight Time, seven days a week. FLY ABATEMENT. The fly abatement plan provided shall be in place and active at all times. 10. MANURE MANAGEMENT PLAN. The manure management plan submitted, shall be in place and active at all times. 11. TRAILERS. The maximum number of trailers allowed on site atone time shall not exceed four. 12. SUBDIVISION. Prior to the issuance of a building hall beeecorded by the arppl� ant with. form which is to the satisfaction of the Town, the Santa Clara County Recorder's Office that the aproperty paddock, anynot u be subdivided 13. PADDOCK. No horses shall be allowed in thep when it is raining. 14, TRAINING/LESSONS. Training shall be limited to the'horses that are boarded on the site and no outside lessons shall be giver 15. ONE YEAR REVIEW: This application shall Approval rev iewed eone year from being followed.final occupancy to ensure that all the Conditions of pp TO THE SATISFACTION OF THE FIRE DEPARTMENT 16. FIRE PREVENTION. The applicant shall develop and implement a wildfire prevention plan. N: AMTROLANEX:RES Page 7 of 7