2003-010- Granting An Appeal Of A Planning Commission Decision Denying An Application To Subdivide A Parcel Into Two Condominium Units Demolition Of A Pre 1941 Residence And Construct Two Condominium Units On Property Zoned
RESOLUTION :2003 - 010
RESOLUTION GRANTING AN APPEAL OF A PLANNING COMMISSION
DECISION DENYING AN APPLICATION'TO SUBDIVIDE A PARCEL INTO
TWO CONDOMINIUM UNITS, DEMOLITION OF A PRE-1941 RESIDENCE, AND
CONSTRUCT TWO CONDOMINIUM UNITS ON PROPERTY ZONED RIVI:5-12
SUBDIVISION APPLICATION: M-02-9
ARCHITECTURE AND SITE APPLICATIONS: 5-02-31 AND 5-02-32
PROPERTY LOCATION: 98 FORREST AVENUE
PROPERTY OWNER./.APPELLANT: DARYOUSH MARHAMAT
WHEREAS:
A. This matter carne before Council for public hearing on January 6, 2003 , on an appeal
by Daryoush Marhamat (appellant) 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 January 2, 2003, .along with
subsequent reports and materials prepared concerning this application.
C. The applicant is requesting approval to develop a 9,583 square foot parcel with two
detached condominium units.. The parcel will be subdivided into two condominium units (airspace
above the dwelling footprints) surrounded by private open space. The proposed project also includes
demolition of a pre-1941 structure. The total proposed floor area for'both of the proposed units is
3,000 square feet, excluding the .garages.
D. On October 24, 2001 :the Planning Commission considered and denied a prior
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application to develop the property with residential units that were intended to be substantially larger
than those currently proposed. The decision of the Planning Commission was.appealed, to the Town
Council, which upheld the Commission on December 3, 2001. The appellant then filed the present
applications, which were considered by the Planning Commission on November 13, :2002. The
Commission denied both the Subdivision and Architecture .and :Site Application because they
determined that the proposal is not compatible with the neighborhood in terms of mass, scale, site
layout and other qualitative items. Further, the Commission determined that the proposed
development might be more appropriate as a single structure {duplex) rather than two separate
structures. Members of the Commission had difficulty with the proposal to construct two detached
units on a single parcel, which they felt presented a policy issue for Council.
E. Appellant claims that the Planning Commission did not have the discretion to modify
or address a policy or issue that is vested with the Town Council.
F. Council finds as follows:
1. The Subdivision Application is categorically exempt pursuant to section 15315 of
the State Environmental Guidelines as adopted by the Town.
2. The Architecture and Site Application is categorically exempt pursuant to section
15303 of the State Environmental Guidelines as adopted by the Town.
3. Pursuant to Town Code section 29.10.09030(e) and 29.20.150, the considerations for
approval of Architectural and Site applications have been met.
4. Pursuant to Town Code section 29.20.300, the applications present 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 the Town Code section 29.40.625.,
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concerning the 8,000 square foot minimum parcel size for the RM zoning district, should be
interpreted to require the minimum lot are for each of the detached units proposed in these
applications.
5. The minimum lot size in the RM zone is not required for each detached residential
unit in a condominium project where, as here, detached residential units .are a reasonable planning
option in he effort to ensure that new development. is compatible with the existing neighborhood
and would otherwise be consistent with the requirements of the General Plan and zoning
requirements.
RESOLVED:
1. The appeal of the decision of the Planning Commission on Subdivision Application
M-02-9 and Architecture and Site Application 5-02-31 and 5-02-32 is therefore granted. Revised
Conditions of Approval, attached hereto as Exhibit A and B, are hereby applied to this approval.
PASSED AND ADOPTED at a regular meeting of the Town Council of the'Town of Los
Gatos, California held on the 21S` day of January, 2003 by the following vote.
COUNCIL MEMBERS:
AYES
NAYS:
ABSENT:
ABSTAIN:
Steve Glickman, Diane McNutt, Joe Pirzynski, Mike Wasserman,
Mayor Sandy Decker.
None
None
None
AT~ /~ _n
CLERK OF THE TO N OF S GA
LOS GATOS, CALIFORNIA
AY"OR OF HE TOWN OF LOS GATOS
LOS GATE S, CALIFORNIA
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CONDITIONS OF APPROVAL FOR THE ARCHITECTURE AND SITE APPLICATIONS
98 Forrest. Avenue
.Architecture and Site Application 5.02-31 and 5.02-32
Requesting approval to subdivide a parcel into two lots., demolish apse-1941 residence, and
construct two condominium units on property zoned RM:S-12.
PROPERTY OWNER/APPLICANT: Daryoush Marhamat
TO THE SATISFACTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT
(Planning Section).:
1. APPROVAL EXPIRATION: Zoning approval will expire two years from the
approval date ;pursuant to Section 29.20.320 of the Town Code, unless the application is vested.
2. APPROVAL. This application shall be completed in accordance with all of :the
.conditions of approval listed below and in substantial compliance with the plans approved and noted
as Exhibit Q in the report to the Planning Commission. Any minor changes or modifications made
to the approved plans shall be approved by the Director of Community Development other changes
will be approved by the Planning Commission, depending on the scope of the change(s).
3. -'TREE REMOVAL PERMIT: A Tree Removal Permit shall be obtained for any trees
proposed for removal prior to the issuance of a Building or Encroachment Permit.
4. ARBORIST RECOMMENDATIONS: All of the Town's. Consulting Arborist's
recommendations must be followed to the satisfaction of the Consulting Arborist and the Director
of Community Development.
5. TREE PLANTING: 4 of the proposed 10 trees that will be planted as a result of this
project must be Coast Live Oaks.
6. RECYCLING: All wood, metal, glass, and aluminum materials :generated from the
demolished structure .shall be deposited to a company which will recycle the materials. Receipts
from the company(s) accepting these materials, noting the type and weight of materials, shall be
submitted to the Town prior to the Town's demolition inspection.
7. CONSULTING ARCHITECT: TheTown's Consulting Architect's recommendations
shall be incorporated working to .achieve a functional second floor (Architecture shall drive the floor
area) while complying with the Uniform Building. Code and minimizing impacts to the neighbors.
Additionally, the architecture shall create a cottage wrap on all .elevations. 'This condition shall be
to the satisfaction of the Town's Consulting Architect and the Director of Community Development.
8. TREES.: Additional screening trees shall be planted in the :South Eastern portion of
the property to the satisfaction of the Director of Community Development.
:(Building Department):
9. PERMITS REQUIlZED: A building permit application shall be required for each
proposed structure.
10. CONDITIONS OF APPROVAL: The Conditions of Approval shall be "blue lined"
in full on the cover sheet of the construction plans submitted for a building permit.
11. SIZE OF PLANS: The maximum size of construction plans submitted for building permits
shall be 24" x 36".
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12. PLANS: The construction plans forthis projectshall be prepared under the drectsupervision
of a licensed architect or engineer. (Business and Professionals Code Section 5538).
13. DEMOLITION REQUIREMENTS: Obtain a demolition form from the Building Service
Counter. Once the demolition form has been completed .and all signatures obtained return
the completed form to the Building Service County with three (3) sets of site plans to include
all existing structures, existing utility service lines such as water, sewer, P.G.&E. No
demolition work .shall be done without first obtaining a permit from the Town.
14. HOUSE NUMBERS: Submit requests for new street names and/or house numbers from the
Office of the Town Clerk prior to the .application of a building permit.
15. 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.
16. 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, the building pad elevation, on-site retaining wall locations and :elevations are
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
17. RESIDENTIAL TOWN ACCESSIBILITY STANDARDS.: The residence shall be designed
with adaptability features for single family residence per Town Resolution 1994-61:
a. Wooden backing (2 inches by 8 inches minimum) shall be provided in all bathroom
walls, at water closets, showers and bathtubs located 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 the accessible floor.
c. Primary entrance shall have a 36 inch wide door including a 5 foot by 5 foot level
landing, no more than 1 inch our of plane with the immediate interior floor level
with an 18 inch clearance.
18. TITLE 24 ENERGY COMPLIANCE: California Title 24 Energy Compliance forms CF-1R
and MF-1 R.
19. TOWN FIREPLACE STANDARDS: New wood burning fireplaces shall be EPA Phase II
approved appliance as per Town Ordinance 1905. Tree limbs shall be cut within 10 feet of
chimneys.
20. SPECIAL INSPECTIONS: When a special inspection is requiredby 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. Special Inspection forms are :available from the Building Division
Service Counter. The Town Special Inspection schedule shall be blue-lined on the
construction plans.
21. APPROVALS REQUIRED: The project requires the following agencies approval before
issuing a building permit:
a. Community Development: Joel Paulson at 3.54-6879
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b. Parks and Public Works Department: Imad Baiyasi at 395-.3430
c. West Valley .Sanitation District: (408) 378-2407
d. Santa Clara County Fire Department: (408) 378-4010
e. Parks and Public Works Department:
f. School District:
i. Los Gatos :School District: 395-5570
ii. Union .School District: 377-8010
Note: Obtain the school district form from the Town Building Service Counter after the
'building plan check has been completed.
TO THE SATISFACTION OF THE DIRECTOR OF PARKS AND PUBLIC WORKS:
(En ing eerin~ Division):
22. TRAFFIC IMPACT MITIGATION FEE (RESIDENTIAL); The developer shall pay a
proportion of the project's share of transportation improvements needed to serve the
cumulative development within the Town of Los Gatos. The fee amount will be based on the
Town Council resolution in effect at the time the request of the 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 $5,730.00 per unit. The
final fee shall be calculated from the final plans using the rate schedule in effect at the time
of the request for a Certificate of Occupancy.
23. 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 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 these conditions may result in the Town performing the required maintenance
at the developer's :expense.
24. 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.
25. PUBLIC WORKS INSPECTIONS: The developer or his representative shall notify the
Engineering Inspector at least twenty-four (24) hours before starting any 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.
26. SILT AND MUD IN PUBLIC RIGHT-OF-WAY. It is the responsibility of contractor and
home owner to make sure that all dirt tracked into-the public right-of-way is cleaned up on a
daily basis. Mud, silt, concrete and other construction debris SHALL NOT be washed into
the Town's storm drains.
27. UTILITIES: The developer shall install all utility services, including telephone, electric
power, and all other communication lines underground, as required by Town Code Sec.
27.50.015(b). Cable television capability shall be provided to all new homes.
28. RESTORATION OF PUBLIC IMPROVEMENTS: The developer shall repair all existing
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improvements not designated for removal that are damaged or removed because of the
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 or 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 awalk-through with the Engineering Construction Inspector before
the start of construction to verify existing conditions.
29. DRIVEWAY APPROACH. The developer shall install one (1) Town standard residential
driveway approach. The new driveway approach shall be constructed per Town :Standard
Detail.
30. AS-BUILT PLANS: After completion of the construction of all work in the public right-of-
way or public easements, the original plans shall have all changes (change orders and field
changes) clearly marked. The "as-built" plans shall then again be signed and "wet-stamped"
by the civil engineer who prepared the plans., attesting to the changes. 'The original "as-built"
plans shall be reviewed and approved by the Engineering Construction Inspector. A mylar
of the approved "as-built" plans shall be provided to the Town before the Faithful
Performance Security is released.
31. 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.
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CONDITIONS OF APPROVAL FOR THE SUBDIVISION APPLICATION
98 Forrest Avenue
Subdivision Application lYI-02-9
Requesting approval to subdivide a parcel into two lots, demolish apse-1941 residence, and
construct two condominium units on property zoned RM:S-12.
PROPERTY OWNER/APPLICANT: Daryoush Marhamat
TO THE SATISFACTION OF THE DIl2ECTOR OF COMMUNITY DEVELOPMENT
(Planning Section):
1. APPROVAL EXPIlZATION: Zoning approval will expire two years from the approval
date pursuant to Section 29.20.320 of the Town Code, unless the application is vested.
2. APPROVAL. This application shall be completed in accordance with all of the
conditions of .approval listed below and in substantial compliance with the plans .approved and noted
as Exhibit Q in the report to the Planning Commission. Any changes or modifications made to the
approved plans shall be .approved by the Director of Community Development or the Planning
Commission, depending on the scope of the change(s).
3. ARBORIST RECOMMENDATIONS: All of the Town's Consulting Arborist's
recommendations must be followed to the satisfaction of the Consulting Arborist and the Director of
Community Development,
TO THE SATISFACTION OF THE DIRECTOR OF PARKS AND PUBLIC WORKS:
(En ine~erin~ Division):
4. PARCEL MAP. A parcel map shall be recorded. Two copies of the parcel map shall
be submitted to the Engineering Division of the Parks & Public Works Department for review and
approval. The map .shall be recorded before .any permits .are issued.
5. DEDICATIONS. 'The following shall be dedicated on the parcel map by separate
instrument. The dedication shall be recorded before .any permits are issued.
a. Public Service Easement (PSE). All areas outside the footprint of the building and
restricted common areas shall be a public service easement.
b. Ingress-egress Easement {I-EE). Aningress-egress easement shall be dedicated over
the shared portion of the driveway.
6. PUBLIC IMPROVEMENTS. The following improvements shall be installed by the
developer. Plans for those improvements .shall be prepared by a California registered civil engineer,
reviewed and approved by the Town, and guaranteed by contract, Faithful Performance Security and
Labor & Materials Security beforethe issuance of a building permit orthe recordation of a map. The
improvements must be completed and accepted by the Town before a Certificate of Occupancy for
any new building can be issued.
a. Forrest Avenue. Sidewalk along the frontage of the property, as required.
7. INSURANCE: One million dollars ($1,000,000) of liability insurance holding the
Town harmless shall be provided in a format acceptable to the Town Attorney before recordation of
the map.
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8. 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.
9. ENCROACHMENT PERMIT: All work in the public right-of-way will require a
Construction Encroachment Permit. All work over $5,000 will require constriction security.
10. PUBLIC WORKS INSPECTIONS: The developer or'hs representative shall notify
the Engineering Inspector at least twenty-four (24) hours before starting any 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.
11. SILT AND MUD IN PUBLIC RIGHT-OF-WAY. It is the responsibility of contractor
.and home owner tomake -sure that all dirt tracked into the public right-of-way is cleaned up on a daily
basis. 1VIud, silt, concrete and other construction debris SHALL NOT be washed into the Town's
storm drains.
12. UTILITIES: The developer shall install all utility services, including telephone,
electric power, and all other communication lines underground, as required by Town Code Sec.
27.50,015(b). Cable television capability shall be provided to all new homes.
13. RESTORATION OF PUBLIC IMPROVEMENTS: The developer shall repair .all
existing improvements not designated for removal that .are damaged or removed because of the
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 or 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.
14. DRIVEWAY APPROACH. The :developer shall install one (1) Town standard
residential driveway approach. The new driveway approach shall be constructed per Town Standard
Detail.
15. AS-BUILT PLANS: After completion of the construction of all work in the public
right-of-way or public easements, the original plans shall have all changes (change orders and field
changes) clearly marked. The "as-built" plans shall then again be signed and "wet-stamped" by the
civil engineer who prepared the plans, attesting to the changes. The original "as-built" plans shall be
reviewed and approved by the Engineering Construction Inspector. A mylar of the approved "as-
built" plans shall be provided to the Town before the Faithful Performance Security is released.
16. 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.
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