2006-033 Appeal Of A Decision Of The Panning Commission Denying Demolition Of A New Single Family Residence On 54 Chester StRESOLUTION 2006 - 033
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
GRANTING IN PART AND DENYING IN PART AN APPEAL OF A DECISION OF THE
PLANNING COMMISSION DENYING DEMOLITION OF A PRE-1941 RESIDENCE,
CONSTRUCTION OF A NEW SINGLE FAMILY RESIDENCE AND ACCESSORY
STRUCTURE THE REDUCED .SETBACKS AND DENY THE EXTENDED CELLAR ON
PROPERTY ZONED R-1D
APN: 519-08-008
ARCHITECTURE AND SITE APPLICATION 5-05-031
PROPERTY LOCATION: 54 CHESTER STREET
PROPERTY OWNER/APPELLANT: ANNA HUYNH AND KEVIN CRANE
WHEREAS:
A. This matter came before the Town Council for public hearing on Apri13, 2006,
and was regularly noticed in conformance with State and Town law.
B. Council received testimony and documentary evidence from the
appellant/applicant 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 March 27, 2006, along with subsequent reports and materials prepared concerning this
application.
C. The applicant/appellant seeks approval to demolish apre-1941 residence, construct
anew single family residence and accessory structure and is requesting an interpretation of the
Town's Cellar Policy to allow a cellar that extends to the area under a proposed deck and thus
exceeds the footprint of the proposed enclosed structure. Town staff had determined that the
proposal was inconsistent with Town policy concerning cellars.
D. The Planning Commission considered this matter on February 8, 2006, and denied
the application based on the determination that the proposed above surface structure was
incompatible with the neighborhood in terms of mass, scale .and visibility. The Commission also
agreed with Town staff that the proposed cellar was inconsistent with Town policy.
E. The applicant/appellant claims that the Planning Commission erred or abused its
discretion because they did not fully understand how the mass, scale and compatibility of the plan
fits into the neighborhood.
F. Council approves the application with an additional condition requiring that the
cellar be modified to conform to Town policy so that it does not exceed the footprint of the
proposed overlying structural walls to the satisfaction of the Director of Community
Development.
G. Pursuant to Town Code section 29.20.300, Council finds that there was error on
the part of the Planning Commission with regard to the neighborhood compatibility of the
proposed above surface structure. Council agrees with the Planning Commission's decision with
regard to the proposed cellar. Council further finds that the project is categorically exempt
pursuant to section 15303 of the State Environmental Guidelines as adopted by the Town.
RESOLVED:
1. The appeal of the decision of the Planning Commission to deny demolition of a pre-
19341 residence and the construction of a new single family residence and accessory structure
with reduced setbacks is granted in part to allow the above ground structure as proposed, and
denied in part to restrict the cellar consistent with the conditions of approval attached as Exhibit A
to this resolution.
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 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 and Federal Law.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los
Gatos, California on the 17t1i day of Apri12006, by the following vote.
COUNCIL MEMBERS:
AYES: Steve Glickman, Joe Pirzynski, Mike Wasserman,
Mayor Diane McNutt.
NAYS : None
ABSENT: None
ABSTAIN: Barbara Spector
SIGNED: ~~~~' ~` `~~""°
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
G~ ~ll~~~~2/
CI,ERI~ AD INI~ TRATOR
TOWN OF LOS GATOS, CALIFORNIA
CONDITIONS OF APPROVAL
54 Chester Street
Architecture and Site Application S-OS-031
Requesting approval todemolish apre-1941 residence, construct a new single family residence
and accessory structure with reduced setbacks and request for and interpretation of the cellar
policy on property zoned R-1D. APN: 529-08-008
PROPERTY OWNER: Anna Huynh and Kevin Crane
TO THE SATISFACTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT:
(Planning Division)
1. APPROVAL: This application shall be completed in accordance with all of the conditions
of approval listed below and in substantial compliance with the development plans dated
December 1, 2005. Any changes or modifications made to the approved plans shall be
approved by the Director of Community Development, Development Review Committee or
the Planning Commission, depending on the scope of the change(s).
2. EXPIRATION: Zoning approval will expire two years from the approval date pursuant to
Section 29.20.320 of the Town Code, unless the approval has been vested.
3. COMPLIANCE MEMORANDUM. The applicant shall prepare and submit a memorandum
with the building permit, detailing how each of these Conditions of Approval have or will
be addressed.
4. TREE REMOVAL PERMIT. A Tree Removal Permit shall be obtained prior to the issuance
of a Building, Grading or Encroachment Permit.
5. NEW TREES. The new trees to be planted shall bedouble-staked, using rubber tree ties and
shall be planted prior to occupancy.
6. PROTECTIVE FENCING. Prior to any construction or building permits being issued, the
applicant shall install the required protective fencing.
7. ARBORIST RECOMMENDATIONS: The Consulting Arborist recommendations dated
November 26, 2005 must be strictly adhered to, prior to and throughout construction.
8. SALVAGING OF MATERIALS. At least ten days prior to the date of demolition, the
developer shall provide to the Town a written notice and an advertisement published in a
newspaper of general circulation, regarding the availability of materials for salvage,
including the name and telephone number of a contact person. No salvaging of material shall
occur until a demolition permit has been approved by the Community Development
Department.
9. 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 type and weight of material,
shall be submitted to the Town prior to the Town's demolition inspection.
10. CELLAR: Prior to submittal of building permits, the applicant shall redesign the
cellar to eliminate that portion of the cellar located underneath the deck, to the
satisfaction of the Community Development Director. The cellar shall conform to
the Town's Cellar Policy, which limits cellars to the area under the enclosed
structure, including any attached garage (i.e., building footprint).
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54 Chester St
Architecture and Site Application #5-05-031
(Building Section)
11. PERMITS REQUIRED: A building permit shall be required for the addition and remodel of
the existing single family residence. Separate permits are required for site electrical,
mechanical, and plumbing work.
12. CONDTI'IONS OF APPROVAL: The Conditions of Approval must beblue-lined in full on
the cover sheet of the construction plans.
13. SIZE OF PLANS: Four sets of construction plans, maximum size 24" x 36."
14. SOILS REPORT: 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. ALTERNATE: Design the foundation for an allowable soils
1,000 psf design pressure. (Uniform Building Code Volume 2 -Section 1805)
15. FOUNDATION INSPECTIONS: A pad certificate prepared by a licensed civil engineer or
land surveyor may be required to be submitted to the project building inspector at foundation
inspection. This certificate shall certify compliance with the recommendations as specified
in the soils report; and, the building pad elevation, 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:
1. Building pad elevation
2. Finish floor elevation
3. Foundation corner locations
16. TITLE 24 ENERGY COMPLIANCE: California Title 24 Energy Compliance forms CF-1 R
and MF-1R must be blue-lined on the plans.
17. TOWN FIREPLACE STANDARDS: New wood burning fireplaces shall be an EPA Phase
II approved appliance as per Town Ordinance 1905. Tree limbs shall be cut within 10-feet
of chimneys.
18. 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 permit. The Town
Special Inspection form must be completely filled-out, signed by all requested parties and
be blue-lined on the construction plans. Special Inspection forms are available from the
Building Division Service Counter or online at www.los atg osca•gov.
19. NONPOINT SOURCE POLLUTION STANDARDS: The Town standard Santa Clara Valley
Nonpoint Source Pollution Control Program shall be part of the plan submittal as the second
page. The specification sheet is available at the Building Division Service Counter for a fee
of $2 or at San Jose Blue Print.
20. APPROVALS REQUIRED: The project requires the following agencies approval before
issuing a building permit:
1. Community Development: Judie Gilli at 399-5702
2. Engineering Department: Fletcher Parsons at 395-3460
3. Parks & Public Works Department: (408) 399-5777
4. Santa Clara County Fire Department: (408) 378-4010
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54 Chester St
Architecture and Site Application #5-05-031
5. West Valley Sanitation District: (408) 378-2407
6. Local School District: (Contact the Town Building Service Counter
for the appropriate school district and to obtain the school form.)
TO THE SATISFACTION OF THE DIRECTOR OF PARKS AND PUBLIC WORKS:
(Engineering Division)
21. CARPORT. Engineering shall confirm carport driveability prior to issuance of a building
permit.
22. 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.
23. 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.
24. 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.
25. CONSTRUCTION STREET PARKING. No vehicle having a manufacturer's rated gross
vehicle weight exceeding ten thousand (10,000) pounds shall be allowed to park on the
portion of a street which abuts property in a residential zone without prior approval from the
Town Engineer (§ 15.40.070).
26. SITE DRAINAGE. Rainwater leaders shall be discharged to splash blocks. No through curb
drains will be allowed. Any sump outfall shall be directed to a 5' x 5' x5' dry well located a
minimum of 10-feet from property line.
27. NPDES. All pavement outside of the structure footprint shall be pervious.
28. 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.
29. 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). All new utility services shall be placed underground. Underground conduit
shall be provided for cable television service.
30. 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,
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54 Chester St
Architecture and Site Application #5-05-031
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.
31. SIDEWALK REPAIR. The developer shall repair and replace to existing Town standards
any sidewalk damaged now or during construction of this project. Sidewalk repair shall
match existing color, texture and design, and shall be constructed per Town Standard Details.
The limits of sidewalk repair will be determined by the Engineering Construction Inspector
during the construction phase of the project.
32. CURB AND GUTTER. The developer shall repair and replace to existing Town standards
any curb and gutter damaged now or during construction of this project. New curb and gutter
shall be constructed per Town Standard Details. The limits of curb and gutter repair will be
determined by the Engineering Construction Inspector during the construction phase of the
project.
33. DRIVEWAY APPROACH. The developer shall install one (1) Town standard residential
approach. The .new driveway approach shall be constructed per Town Standard Details.
34. AS-BUILT PLANS. After completion of the construction of all work, the original plans
shall have all changes (change orders and field changes) clearly marked. The "as-built" plans
shall 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 review and approved the
Engineering Inspector. A Mylar and AutoCAD disk of the approved "as-built" plans shall
be provided to the Town before the Faithful Performance Security or Occupancy Permit is
released. The AutoCAD file shall include only the following information and shall conform
to the layer naming convention: a) Building Outline, Layer: BLDG-OUTLINE; b) Driveway,
Layer: DRIVEWAY; c) Retaining Wall, Layer: RETAINING WALL; d) Swimming Pool,
Layer: SWIMMING-POOL; e) Tennis Court, Layer: TENNIS-COURT; f) Property Line,
Layer: PROPERTY-LINE; g) Contours, Layer: NEWCONTOUR. All as-built digital files
must be on the same coordinate basis as the Town's survey control network and shall be
submitted in AutoCAD version 2000 or higher.
35. 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.
36. SANITARY SEWER BACKWATER VALVE. Drainage piping serving fixtures which have
flood level rims less than twelve (12) inches (304.8 mm) above the elevation of the next
upstream manhole and/or flushing inlet cover at the public or private sewer system serving
such drainage piping shall be protected from backflow of sewage by installing an approved
type backwater valve. Fixtures above such elevation shall not discharge through the
backwater valve, unless first approved bythe Administrative (Sec. 6.50.025). The Town shall
not incur any liability or responsibility for damage resulting from a sewer overflow where
the property owner or other person has failed to install a backwater valve, as defined section
103(e) of the Uniform Plumbing Code adopted by section 6.50.010 of the Town Code and
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54 Chester St
Architecture and Site Application #5-05-031
maintain such device in a functional operating condition. Evidence of West V alley S anitation
District's decision on whether a backwater device is needed shall be provided prior to
issuance of a building permit.
37. 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.
38. HAULING OF SOIL. Hauling of soil on or off-site shall not occur during the morning or
evening peak periods (between 7.:00 a.m. and 9:00 a.m. and between 4:00 p.m. and 6:00
p.m.). Prior to the issuance of a building permit, the developer shall work with the Town
Building and Engineering Department Engineering Inspectors to devise a traffic control plan
to ensure safe and efficient traffic flow under periods when soil is hauled on or ff the project
site. This may include, but is not limited to provisions for the developer/owner to place
construction notification signs noting the dates and time of construction and hauling
activities, or providing additional traffic control. Cover all trucks hauling soil, sand, and
other loose debris or require all trucks to maintain at least two feet of freeboard.
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