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 APRE-1941 RESIDENCE AND TO
CONSTRUCT A NEW RESIDDENCE AND A CARETAKERS UNIT FOR A HORSE BOARDING
AND TRAINING FACILITY ON PROPERTY .ZONED HR-5.
ARCHITECTURE AND ..SITE APPLICATION: 5-00-5
CONDITIONAL USE PERMIT: U-0-5
PROPERTY LOCATION: 14411 SHANNON ROAD
PROPERTY OWNER /APPLICANT; WILLIAM AND SANDRA SWIETZER
APPELLANT: STEVE TROLAN
WHEREAS:
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 testimonyand documentary evidence from Appellant and all interested
persons who wished to testify or submit documents. The Council considered all testimony and materials
submitted, includingthe record of the Planing Commission proceedings and the packet of material contained
in t11e Council Agenda Report and Desk Item dated September 8, 2000 and September 18, 2000., along with
subsequent reports and materials prepared concerning t11is 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 subject 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 t11e appeal as an opportunity to request a
modification in the conditions of approval to limiting the total allowed number of horses on cite 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 t11e 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
$ 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 Architectureand Site Application 5-00-5 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 110.085 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 t11e 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 Pirzynslci,
Mayor Steven Blanton,
NAYS: None
ABSENT: None
ABSTAIN: None
SIGNED:
ATTEST
iviti
LOS
C
~~~~
CV~~ OF 'THE TO~~N +OF O • GATOS
Fl
LOS CTA°POS, CALIFORNIA `
. OF THE TOWN 01~LOS 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)
. EXPIRATION. The approval will expire two years from 35 definesf whatonst tutes
the approval is useod aefo antedlunder the ZoninggOrd Hance.
the use of an appr g ermit, a deed restnction
2. DEED RESTRICT b Nhe a r I~ ant with the Santa ClaragCounty Recorder's Office
shall be recorded y pp
that requires all exterior paint colors to be maintained in conformance with the
Town's Hillside Development Standards.
3. TREE REMOVAL PERMIT. A Tree Remachme t Perma{I be obtained .prior to the
issuance of a Building, Grading or Encro
4. RECYCLING. All wood, .metal, glass and a{ou a~ncommanyrlwhigh will teecycole the
demolished structure shall be deposited p
materials. RReceipts 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 shad be stated in full on the
6, CONSTRUCTION PLANS: The Condifiions 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 eereCBusinless apd Paofess ondals C de
supervision of a licensed architect or engm
Section 5538)
g. DEMOLITION PERMIT REQUIREME dTcom leteatheiB processaas necOessalry
Management District (415-771-6000) an p
before obtaining a building permit fo li ation lifiirocess plans shall nncBludel agll
Department. As part of the permit app p 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 .
10. SOILS REPORT: Two copies of a soils rdpet i pn pwallddesign recommendations
Building Official, containing foundation an g
Page 1 of 7
E~~I~IT A
Permit application. This report shall be
shall be submitted with the Building ed b a licensed civil
ared by a licensed civil engineer specializing in soils mechanics.
.prep ad certificate .prepay Y
11. FOUNDATION INSPECTIONS: A p 'liance with the
or land surveyor shall be submitted to the pe~ect bcuolmipg inspector upon
engineer
foundation inspection.. This certificate shall ad elevation and
roved
recommendations as specified in the evatio snare preparedlacco ding to app ed
on-site retaining wall locations and el a licens
. Horizontal and vertical controls shall lowin titemsCertified by
plans
surveyor or registered civil engineer for the fo g
a. pad elevation
b, finish floor elevation
c. foundation corner locations
L TOWN ACCESSIBILITY STANDARDSences r erTown Resolultion
12. RESIDENTIA
designed with adaptability features forsingle family rest rovided in all
No. 1994-61: no smaller than 2 in. X 8 in.) Shall be p
a. 'Wooden backing
bathroomwalls atwater closet, shower anhe backng, sautablel foathe
at 34 in. From the floor to the center of t
installation of grab bars.
All assage doors shall be at least 32 in. e~ door nclud ng, a 5 foot x
b, p
c• Primary entrance shall have a 36 in. Wi
foot .level landing no more than ~ :~n' hOclea~ance on the strike
5
immediate interior floor level, with an 18 me
side..
d, Door buzzer, bell or chime shall be "hard" wire roved
FIREPLACE STANDARDS: New fireplacesTreelllbmbsPshalhbe clut wphin 10
13. TOWN er the Town Ordinance No. 1905
appliances as p
feet of chimneys. ecial inspection is required by UBC Section
are an inspection program that
14. SPECIAL aNcht ectTorOeng•ineeh of record shall .prep royal ,prior to issuance of the
1701, the Official for .app
shall be submitted to the Building Service Counter. The Town
ermits, in accordance with UBC Section t06.3.5. Please obtain own
Burldrng P artmen
Special Inspection form from the Building Dep standard Santa Clara
I Ins ection schedule shall be blue-lined S The Townruction plans.
Specia p
15. NONPOINT SOURCE P Po lut LnOControNProgram specification sheet shall be part
Valley Nonpoint Source
I. The specification sheet (size 24"x36") is available at the Building
of plan submitta royal
Department counter. ro ect requires the following agencies app
16. APPROVALS REQUIRED: Thep 1
before issuing a building .permit:
a, West Valley Sanitation District: 378-2407
b. Santa Clara County Fire, onmaental Heath Department: 299-2050
c, Santa Clara County Envir
d. Los Gatos Schon°HDhtSchoo9Dist cOt: 371-0960
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 SATISFACTIDN OF THE DIRECTOR OF PARKS AND PUBLIC WORKS:
(Engineering Division)
17.
1,8
19
20.
21
22
GRADING PERMIT. A grading permit is required for site grading, drainagelansd
erosion control. A sep~ application for a gr adrks & P b1 c(Woh 9 Delpartment)
shall be made to the Engineering Division of the P
The grading plans shall include final gcontrol. Unles sspecifica ly a lowed bylthe
driveway, utilities and interim erosion
Director of Parks and Public Works, the grading permit will'be issued concurrently
with the building permit.
.AREA OF GRADING. There shall be k grads gcorer do~) except fop the roadtand
disturbance within 100 feet of the cree ( p
the round pen as shown on the plans dated .August 1, 2000.
FfSH AND GAME REQUIREMENTS. A "fo603r posed mprobements edooneae
California Department of .Fish and Game of the .permit shall be provided to the
riparian areas vvithin their jurisdiction. A copy ermits are issued.
Parks & Public Works Department before any p
GENERAL. All public improvements shall be da d S e ~ficationse IAII workoshall
Town Standard Drawings and the Town Sta p
conform to the applicable Town ordinances. The adjacent public .right-of-way shall
Dirt and debris
be kept clear of all job related dirt and debris at the end ofthe day.
shall not be washed into storm drainage f w~~tlnot be allowednunlesg a special
materials on the sidewalk and/or the street
permit is issued.. The developer's repre sin thely ublichight ofhway accord ng to th s
during all working hours. Failure to maint p
condition may result in the Town performing the required maintenance at the
developer's expense..
PUBLIC WORKS INSPECTIONS. The de fou~p 24 rh u s before starti g aln wol rk
the Engineering .Inspector at least twenty ( )
pertaining to on-site drainage facilities, grad: a ct on ow work that wentton w thout
right-of-way. Failure to do so will. result m ~
inspection.
GRADING 'MORATORIUM. No grading or earth-disturbing .activities shall be
initiated in hillside areas between October 1 and April 15 of eachd sturbin ~act~~ies
operations commenced before October 1, awed toy re tart until April 15. Grading
shall cease October 15 and will not be allo
permits will not be issued between September 15 and April 15. These limitations
include, but are .not limited to these .items: driveways, buildools atdenn sun oaurts,
trenches and drilled piers, retaining walls, swimming p ,
outbuildings and utility trenches.lnstall interim erosion control measures, shown on
the approved interim erosion control plan, by October 1, if final landscaping is not
Page 3 of 7
in place. Maintain the interim erosion control measures throughout the October 1
to April 15 ..period.
23. 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 wail--top of wall elevations and locations
b. Toe and top of cut and fill slopes
24. EROSION CONTROL. Interim and final erosion control plansshall beprepared and
submitted tathe 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 notiimited
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 awalk-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
Jine 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 FE'E. 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)
2g. 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 FENDING. 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 fiwo 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 plantedmaterial shall be irrigated by an in-ground system.
Speciaf care shall betaken 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 ofthe riding arena/barn acknowledging also the barn's
construction of Type I'I-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
orprovide 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 valuing 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 may be 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 avai able 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 wifihheld until required installations are competed, 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 m.ay be withheld until installations
are completed.
46. PREMLSE 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 P'ERMIfi U-00-5
14411 Shannon Road
TO THE SATISFACTION Of THE DIRECTOR OF COMMUNITY DEVELOPMENT:
(Planning Section)
royals will expire two years from the date of approval unless
1. EXPIRATION. The app
the approvals are used 'before expiration• der thel Zoning O dinadceines what
constitutes the use of an approval granted un
2. CARETAKER UNIT. The unit shall onl ho ses is perm tt dronathe site lat one time.
3, HORSES. A maximum offourteen (17) er month, durang the hours of
Four additional horses shall be allowed one day p
operation.
4, HORSE SHOWS. There shall be no horse shows.
5, N01SE. There shall be n lil ht ns shall rb/e nplaccord n e with the lighting plan
6. LIGHTING, All exterior g g
submitted. There shall be no pole lighting allowed.
7, :ARENA. The arena shall not be enclosed.
g, HOURS OF OPERATION. The maximum houM on Saturday,aand 8 0 AM t 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. Themanure 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 b shall beeecorded by the arppl~ ant with.
form which is to the satisfaction of the Town,
the Santa Clara County Recorder's Office thateh addo k~ orvanyou n ovebedvarea,
13. PADDOCK. No horses shall be allowed m th p
when it is raining.
14. TRALNING/LESSONS. Training shall be limits d to the'horses that are boarded on
the site and no outside lessons shall be give
15. ONE YEAR REVIEW: This application shall Ae royal aee bei g followed final
occupancy to ensure that all the Conditions of pp
TO THE SATISFACTION OF THE FIRE DEPARTMENT
FfRE PREVENTION.. The applicant shall develop and implement a wildfire
16.
prevention plan. N:WTY~TROLANEX;RES
Page 7 of 7