2004-018- Denying An Appeal Of A Decision From The Planning Commission To Approve A Grading Permit For Landscaping Improvements And To Install Solar Panels On Property Zoned HR-2 1/2i
RESOLUTION 2004 - L8
RESOLUTION DENYII~TG AN APPEAL OF A DECISION FROM THE
PLANNING COlVI1VIISSION TO APPROVE A GRADING PERMIT FOR LANDSCAPING
IMPROVEMENTS AND TO INSTALL .SOLAR PANELS
ON PROPERTY ZONED HR-21/a
ARCHITECTURE AND SITE APPLICATION: 5-01-98.
.NEGATIVE DECLARATION: ND-04-03.
PROPERTY LOCATION: 15220 KENNEDY ROAD.
PROPERTY OWNER/APPLICANT/APPELLANT: JIM DEISCHSTETTER
WHEREAS:
A. This matter came before Council for public hearing on February 2, .2004, on an appeal by Jim
Deischstetter (property owner/applicant/appellant) from a decision of the Planning Commission and'was
regularly noticed in conformance with State and Town law.
B. Council received testimonyand 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 28, 2004, along with subsequent reports and
materials prepared concerning this application.
C. Appellant is requesting approval for landscaping improvements and installation of 10 ground
mounted solar panels. The proposed solar array will be located south of the existing home on an
approximate 37% slope and :arranged in two rows of four panels and one row of two panels. The panels
would cover an area approximately 2,700 square feet in size. The proposed landscaping is located on an
existing leach field near the northeast corner of the site and will include the importing of 100 cubic yards
spread over 8,500 square feet.
D. The Planning Comrisson considered this matter on December 10, 2003 and approved the
project with conditions. The applicant was encouraged to find a location for the solar panels that best
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protects the natural features of the land and to reduce the visual impacts from the .open space with strategic
landscape screening at the base of the solar array.
E. Appellant is appealing the Planning Commission decision because he believes that the
Commission did not have discretion to modify or address a policy or issues that is vested in the Town
Council.
F. The Planning Commission decision was correct. The findings of the Commission are, by this
reference, incorporated herein.
G. In addition, Council notes that the appellant seeks to locate a large solar array on an
undeveloped hillside that, while not visible from his home, would be highly visible to the public. Testimony
at the hearing established that the panels could be located in an area near the :appellant's home without
reducing their efficiency so long as they were set at the recommended angle and not shaded. Nevertheless,
the appellant testified that he does not wish to place the panels at an angle in a location close to his home
because the back sides of the panels would be visible to him. The .appellant further stated that he could
reduce the visibility of the panels by laying them flat., but doing. so would decrease their efficiency .and
increase the number of panels required to offset his high energy usage. This, according to the appellant,
would prove too expensive. Iti effect, the appellant wants to install a large array of panels to offset his own
:high energy use, but does not want to see those panels. Council .also notes that the appellant ,provided no
evidence about how the size of the solar panel array could be reduced by incorporating other energy savings
ideas.
H. By this action rejecting the appeal, Council upholds the Planning Commission's .decision to
approve the application on condition that an effort be made to locate the panels in a manner that reduces
their visibility to the public while also ensuring their efficient use. The evidence in the record demonstrates
that this can be done. Council, therefore, encourages the appellant to pursue one or more alternative site
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plans that will meet these goals and the :goal to reduce dependence on fossil fuel.
RESOLVED:
1. The appeal of the decision of the Planning Commission on Architecture and Site Application
5-01-98 is denied. Revised Conditions of Approval clarifying. the landscaping requirements are attached
hereto as Exhibit A, and are applied to this :appeal.
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 theTown 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 and Federal
law..
.PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos,
California, on the 17~" day of February, 2004 by the following vote.
COUNCIL MEMBERS:
AYES: Sandy Decker, Diane McNutt, Joe Przynski, Mike Wasserman,
Mayor Steve Glickman
NAYS : None
ABSENT.: None
ABSTAIN: None
SIGNED:
MAYOR OF'THE TOWN OF LOS GATOS
.LOS GATOS, CALIFORNIA
ATTEST:
CLERK OF THE TOWN OF LO GATOS
LOS GATOS, CALIFORNIA
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CONDITIONS OF A'~PPROVAL FOR:
1.5220 Kennedy Road
Architecture and Site Application 5-01-98
Negative Declaration ND-04-3
Requesting approval of a grading permit for landscaping improvements and approval to install solar panels
on property zoned HR-2'/2. No significant environmental impacts have been identified as a result of this.
project .and a Mitigated Negative Declaration is recommended.
APN 537-15-004.
PROPERTY OWNER/APPLICANT: Jim Deichstetter
TO THE :SATISFACTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT
(Planning Division)
1. EXPIRATION OF APPROVAL: This Architecture and Site application 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. MITIGATION MONITORING PLAN: The .applicant shall implement the proposed project
.according to the approved mitigation monitoring plan for this project.
3. PLANS.: Development plans received on September 3, 2003.
4. Solar panels shall be moved closer the home to the flatter developed area around the house to
the satisfaction of the Director of Community Development. The use of photo simulation should be used
to determine the visibility of the solar panels. Visibility of the solar panels shall be minimized.
5. The leach field area shall not be planted with ornamental landscaping. Drought tolerant, native
species with limited drip irrigation maybe planted. subject to the approval of the Director of Community
Development.
6. All perimeter fencing shall allow for wildlife migration.
7. Solar panels shall be limited to the size that the California Energy Commission (CEC) allows
or the amount of solar panels necessary to provide electricity for the house, whichever is less.
(Building Division)
8. PERMITS REQUIRED: A building permit application shall be required for the proposed
structure. Separate Electrical/Mechanical/Plumbing permits shall be required as necessary.
9. CONDITIONS OF APPROVAL: All Conditions of approval shall be stated in full on the cover
sheet of the construction plans submitted for the building permit.
10. SIZE OF PLANS : The maximum size of construction plans submitted for building ;permits shall
be 24" x 36".
11. PLAN PREPARATION: The construction plans for this project shall be prepared under direct
supervision of a licensed architect or engineer. {Business :and Professionals Code Section 5.538).
12. 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.
13. FOUNDATION INSPECTIONS : A pad certificate prepared by a licensed civil engineer of land
urveyor 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
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elevation and on-site retaining wall locations and elevations are prepared according to approved plans.
Horizontal and vertical controls shall beset and certified by a licensed surveyor or registered .civil engineer
for the following items on structural calculation on photo array attachment.
14. SPECIAL INSPECTIONS: When a special inspection is .required by IJBC 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 a town Special Inspection form from the Building Department Service Counter. The Town
Special Inspection schedule shall be blue-lined on the construction plans.
15. NONPOTNT SOURCE POLLUTION STANDARDS: The Town standard Santa Clara Valley
Non-point Source .Pollution Control Program specification shall be part of the plan .submittal. The
specification sheet is available at the Building Division Service Counter.
TO THE .SATISFACTION OF THE DIRECTOR OF PARKS AND PUBLIC WORKS:
.(Engineering Division)
16. GRAIDING PERMIT. A grading permit is required for site :grading and drainage. The .grading
permit application (with grading plans) shall be made to the Engineering Division of the Parks & Public
Works Department located at 41 Miles Avenue. The .grading plans shall include final grading, drainage,
retaining wall location, driveway, utilities and interim erosion control. Grading plans shall list earthwork
quantities and a table of existing and proposed impervious .areas. Unless specifically allowed by the Director
of Parks and Public Works, the grading permit will be issued concurrently with the building permit. The
grading permit is for work outside the building footprint(s).. A separate building permit, issued by the
Building. Department on E. Main Street is needed for grading within the building. footprint.
17. SOILS REPORT. One copy of the soils report shall be submitted with the grading permit
public improvement application. The-soils report shall include specific criteria and standards governing site
grading,. drainage, pavement design, 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.
18. 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 jobrelated 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.
19. 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.
20. PUBLIC WORKS INSPECTIONS. The developer or his representative shall notify the
Engineering Inspector at least twenty-four (24) hours before tasting 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
ow work that went on without inspection..
21. EROSION CONTROL. Interim and final erosion control plans shall be prepared and submitted
to the Engineering Division of the Parks & Public Works Department.. A maximum of two weeks is allowed
between clearing of an area and stabilizing/building on an area if grading is allowed during the rainy season.
Interim erosion control measures, to be carried out during construction and before installation of the final
landscaping shall be included. Interim erosion control method shall include, but are not limited to: silt
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fences, fiber rolls{with locations and details), erosion control blankets, Town standard seeding specification,
filter berms, check dams, retention basins, :etc.. Provide erosion control measures as needed to protect
downstream water quality during winter months. The grading, drainage, erosion control plans shall be in
compliance with .applicable measures :contained in the amended provisions C.3 and C,14 of Order 01-024
of the amended Santa Clara County NPDES Permit.
22. NONPOTNT'SOURCEPQLLUTION PREVENTION. On-site drainage systems shall include
a filtration device such as a bio-Swale.
23. 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.
24. 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 awalk-through with the Engineering Construction
Inspector before the start of construction to verify ..existing conditions.
25. CONSTRUCTION NOISE. Between the hours of 8:00 a.m. to 8:00 p.m., weekdays and 9:00
a.m. to 7:00 p.m. weekends and holidays, construction, alteration or repair .activities shall be allowed. No
individual piece of equipment shall produce a noise level exceeding eighty-five (85) dBA at twenty-five (25)
feet. If the device is located within a structure on the property, the measurement shall be made at distances
as close to twenty-five (25) feet from the device as possible. The noise level at any point outside of the
property plane shall not exceed eighty-five (85) dBA.
26. PRIVATE SEWAGE DISPOSAL SYSTEMS. A plan approval letter from the Environmental
Health Department shall be provided prior to issuance of a grading permit.
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