1997-129-Approving A Conditional Use Permit To Allow An Accessory Living Quarter, And A Minor Residential Development ApplicationRESOLUTION 1997 - 129
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS GRANTING
AN APPEAL OF A PLANNING COMMISSION DECISION APPROVING A
CONDITIONAL USE PERMIT TO ALLOW AN ACCESSORY LIVING QUARTER, AND
A MINOR RESIDENTIAL DEVELOPMENT APPLICATION TO BUILD TWO
ACCESSORY STRUCTURES EACH EXCEEDING 450 SQUARE FEET ON PROPERTY
IN THE HR -2 1/2 ZONE.
PROJECT APPLICATION: PRJ -97154
PROPERTY ADDRESS: 17651 TOURNEY ROAD
PROPERTY OWNER /APPLICANT: STEVEN MILLER
APPELLANT: RAYMOND A. POWER
WHEREAS:
A. This matter came before the Council for public hearing on November 3, 1997, on
an appeal 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 the applicant and
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 Planning
Commission proceedings and the packet attached to the Council Agenda Reports dated October
23, 1997 and October 30, 1997, concerning this application.
C. The Town does not want to provide any implication or presumption that the Town
has approved or otherwise accepted that the applicant has legal right to access over Tourney Road
as currently improved in the area adjacent to or over those parcels commonly known as Assessor's
Parcel Numbers 537 -04 -043 and 537 -04 -054
D. Unconditional approval of the permits for the project might cloud title, create
confusion for future residents and property owners in the area, as well as future Town reviews.
E. It is the policy of the Town, particularly in the hillside areas, not to become directly
involved in property rights disputes.
F. Clear and provable access arrangements are vitally important in hillside areas for
fire protection, and the current access situation to applicant's property across Area 1 does not meet
this requirement.
G. The Planning Commission did not have the breadth of discretion possessed by the
Council to set policy as well as to take reasonable actions to minimize Town involvement in
property access disagreements.
RESOLVED:
1. The appeal of the decision of the Planning Commission on Project Application PRJ-
97 -154 is granted insofar as an additional prerequisite to construction of the proposed project is
added as Condition #27 to require provable access.
2. Except as expressly modified in Paragraph 1 above, Project Application PRJ -97 -154
is approved subject to the conditions of approval contained in Exhibit A.
3. This decision does not and shall not constitute any precedent and the Town Council
shall continue to examine any such request on a specific site, design, and historic use basis under
the Town Code and Town policies.
4. This 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 17th day of November, 1997 by the following vote.
COUNCIL MEMBERS:
AYES: Randy Attaway, Joanne Benjamin, Steven Blanton, Jan Hutchins,
Mayor Linda Lubeck.
NAYS: None
ABSENT: None
ABSTAIN: None
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST: l
CLERK OF THE TOWN OF L J GATOS
LOS GATOS, CALIFORNIA N, \9HARA,TOT
2
EXHIBIT A
CONDITIONS OF APPROVAL FOR
17651 Tourney Road
Project Application PRJ -97 -154
Requesting approval of a Conditional Use Permit to allow an accessory living quarters, and a Minor Residential
Development application to build two accessory structures, each exceeding 450 square feet on property in the
HR -21/2 zone.
PROPERTY OWNER /APPLICANT: Steven Miller
TO THE SATISFACTION OF THE PLANNING DIRECTOR:
(Planning Section)
EXPIRATION. Zoning approval will expire on September 24, 1999, which is two years from the original
approval date pursuant to Section 29.20.320 of the Town Code, unless the application has been vested.
2. CONDITIONS. All conditions of approval shall be included on the cover sheet of the Building Permit
Plans.
3. CONSTRUCTION ACCESS: Construction vehicles shall utilize the eastern curved roadway access to the
extent possible during construction.
TO THE SATISFACTION OF THE DIRECTOR OF BUILDING & ENGINEERING SERVICES:
4. GENERAL: All public improvements shall be made according to the latest adopted Town Standard
Drawings and the Standard Specifications for Public Works Construction. All work shall conform to the
applicable Town ordinances. Adjacent public right -of -way shall be kept clear of all job related dirt and
debris at the end of day. Dirt and debris shall not be washed into storm sewers. 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 this condition may result in the Town performing the required
maintenance at the developer's expense.
5. PUBLIC WORKS INSPECTIONS: The developer or his representative shall notify the Engineering
Construction 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.
6. UTILITIES: The developer shall install all utility service, including telephone, electric power, and other
communications lines underground, as required by Town Code §27.50.015(b). Cable television capability
shall be provided to all new houses.
7. 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, or signs shall be repaired and
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.
8. 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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17651 Tourney RoadPRJ -97 -154
September 24, 1997
9. PERMITS REQUIRED: A building permit application shall be required for each proposed structure.
Separate Electrical/Mechanical /Plumbing permit shall be required as necessary.
10. CONSTRUCTION PLANS: The Conditions of Approval shall be stated in full on the cover sheet of
construction plan submitted for building permit.
11. SIZE OF PLANS: The maximum size of construction plans submitted for building permits shall be 24 in.
X 36 in.
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 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 and the building pad elevation and
on -site retaining wall locations and elevations are prepared 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
14. TITLE 24 ENERGY COMPLIANCE: California Title 24 Energy Compliance forms CF -1R AND MF -1R
shall be blue lined on the construction plans.
15. TOWN FIREPLACE STANDARDS: New fireplaces shall be EPA phase II approved appliances per the
Town Ordinance 1905. Tree limbs shall be cut within 10 feet of chimneys.
16. HAZARDOUS FIRE ZONE: This project requires Class A roofing assembly.
17. 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, in accordance with UBC Section 106.3.5. Please obtain
Town Special Inspection form from the Building Department Service Counter. The Town Special
inspection schedule shall be blue lined on the construction plan.
18. NONPOINT SOURCE POLLUTION STANDARDS: The Town standard Santa Clara Valley Nonpoint
Source Pollution Control Program specification sheet shall be part of plan submittal. The specification
sheet (Size 24" X 36 ") is available at the Building Department service counter.
19. APPROVALS REQUIRED: The Project requires the following agencies approval before issuing a building
permit:
a) West Valley Sanitation District: 378 -2407
b) Santa Clara County Fire Department: 378 -4010
C) SCHOOL DISTRICT: The school district approval required for this project is:
i) Los Gatos School District: 395 -5570
Note: Obtain the School district form from the Town Building Department, after the Building
Department has approved the building permit.
TO THE SATISFACTION OF THE PARKS, FORESTRY AND MAINTENANCE SERVICES DIRECTOR:
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17651 Tourney RoadPRJ -97 -154
September 24, 1997
20. TREE PLANTING. All newly planted trees are required to be double staked as required by Town
Standards.
21. TREE PROTECTION. Existing trees shall be protected prior to and during construction by measures
subjectto approval bythe Parks and Forestry Department.
22. TREES TO REMAIN. All existing and newly planted trees shown on the plan are specific subjects of
approval of this plan and must remain on site.
TO THE SATISFACTION OF THE CENTRAL FIRE DISTRICT:
23. REQUIRED FIRE FLOW: Required fire flow for this project is 1,000 GPM at 20 psi. residual pressure.
This required fire flow is not available from area water mains and fire hydrants which are spaced at the
required spacing.
24. REQUIRED FIRE FLOW OPTION (SINGLE FAMILY DWELLINGS): Provide required fire flow from fire
hydrants spaced at a maximum of 500 feet OR Provide an approved fire sprinkler system throughout all
portions of the building. The fire sprinkler system shall conform to National Fire Protection Association
Standard #13D 1994 Edition and local ordinance requirements.
25. FIRE APPARATUS (ENGINE) ACCESS DRIVEWAY REQUIRED: Provide an access driveway with a
paved all weather surface and minimum unobstructed width of 12 feet, vertical clearance of 13 feet 6
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.
26. FIRE DEPARTMENT (ENGINE) DRIVEWAY TURN - AROUND REQUIRED: Provide an approved fire
department engine driveway turnaround with a minimum radius of 36 feet outside and 23 feet inside.
Installations shall conform with Fire Department Standard Details and Specifications D -1.
TO THE SATISFACTION OF THE TOWN ATTORNEY:
27. No permit for the construction of any structure or other improvement shall issue until applicant
demonstrates to the satisfaction of the Town Attorney that the applicant has a legal right to access over
Tourney Road as currently improved in the area adjacent to or over those parcels commonly known as
Assessor's Parcel Numbers 537 -04 -043 and 537 -04 -054.
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