1995-152-Approving Plans To Demolish An Existing Single Family Residence And An Unlawful Secondary Dwelling Unit And To Construct A New Single Family Residence On Property In The R-1:8000 ZoneRESOLUTION 1995 - 152
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
DENYING APPEAL OF PLANNING COMMISSION DECISION APPROVING PLANS TO
DEMOLISH AN EXISTING SINGLE FAMILY RESIDENCE AND AN UNLAWFUL
SECONDARY DWELLING UNIT AND TO CONSTRUCT A NEW SINGLE FAMILY
RESIDENCE ON PROPERTY IN THE R- 1:8000 ZONE.
ARCHITECTURE AND SITE APPLICATION S- 95 -28.
PROPERTY LOCATED AT 129 WHEELER AVENUE.
PROPERTY OWNERS: ROBERT AND AUDREY BARTMESS.
APPELLANT: ROBERT P. TETZLAFF.
WHEREAS:
A. This matter came before the Council for public hearing on October 16, 1995, on an
appeal from 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 appellant,
property owners, 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 and documents attached to the Council Agenda Report dated October
9, 1995, concerning this application.
C. The Wheeler- Whitney area is a beautiful neighborhood.
D. There is no perfect solution to the various concerns expressed in this planning
process, and it is not possible to completely please everyone affected. The small size of the lot limits
the possible alternatives. However, the concessions made by the property owners in redesigning the
home appear to best address these concerns.
E. The driveway location approved by the Planning Commission would limit the amount
of paving in the front yard consistent with the Wheeler streetscape, avert having cars back up into
the front yard of the property across the street, and avoid removing the vegetation from the property
that contributes to making the streetscape attractive.
F. The driveway location in turn limits where the living space can be placed, and the
design proposed by the property owners works well with the area and appears to be designed with
the neighborhood in mind.
G. The planning process and the Planning Commission review appears to have worked
well in this instance in working with the information presented to consider all the concerns and
thoughts brought forward. There does not appear to be a justification for reversing that decision.
RESOLVED:
The appeal of the decision of the Planning Commission on Architecture and Site
Application 5 -95 -28 is denied.
2. Architecture and Site Application S -95 -28 is therefore approved pursuant to the
findings contained in this resolution and the findings made by the Planning Commission on August
23, 1995, and subject to the conditions contained in Exhibit A hereto.
This decision does not and shall not constitute any precedent, and the Town Council
shall continue to examine any similar requests on a specific site, design, and historic use basis under
the Town Code and Town policies.
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 6th day of November, 1995 by the following vote.
COUNCIL MEMBERS:
AYES: Randy Attaway, Joanne Benjamin, Steven Blanton, Linda Lubeck,
Mayor Patrick O'Laughlin.
NAYS: None
ABSENT: None
ABSTAIN: None
SIGNED:
MAYOR OF THE TO OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK OF THE TOWN OF LO�ATOS
LOS GATOS, CALIFORNIA
EXHIBIT A
CONDITIONS OF APPROVAL OF
ARCHITECTURE AND SITE APPLICATION S -95 -28
129 WHEELER AVENUE
TO THE SATISFACTION OF THE PLANNING DIRECTOR:
(Planning Section)
The residence shall have a pier and beam foundation.
2. All conditions of approval shall be included on the cover sheet of the blueprint
construction plan submitted for a building permit.
3. Master bath window is to be a high window.
(Engineering Development Section)
4. Submit a separate copy of the final grading, drainage, retaining wall, driveway and utility
plans to the Engineering section of the Planning Department.
5. A well information questionnaire (available through the Counter Technician) shall be
completed.
6. Provide underground cable television service to the new residence.
TO THE SATISFACTION OF THE DIRECTOR OF BUILDING AND ENGINEERING
SERVICES:
7. Replace any sections of curb and gutter that are currently broken or raised, or any
sections damaged during construction, along the frontage of this property.
8. All work in the public right -of -way will requires a Construction Encroachment Permit.
All work over $5,000 will require construction security.
9. Sanitary sewer laterals shall be televised by West Valley Sanitation District and approved
by the Town of Los Gatos before they are used or reused.
10. Install a sanitary sewer lateral clean-out at the property line.
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11. A building permit application shall be required for the proposed structure. Separate
electrical, mechanical, and plumbing permits shall be required as necessary.
12. The maximum size of construction plans submitted for building permits shall be 24" x
36 ".
13. A soils report and foundation design recommendation shall be required for this project.
The report shall be prepared by a licensed civil engineer specialized in soils mechanics.
14. A pad certificate prepared by a licensed civil engineer or land surveyor shall be submitted
to the project building inspector upon foundation inspection. The certificate shall address
that the building pad and on site retaining wall location and elevations are prepared
according to approved plans.
15. The residence shall be designed with adaptability features for single family residence per
Town resolution 1994 -61:
a. Wooden backing (2 x 8 minimum) shall be provided in all bathroom walls
at water closet, shower and bathtub, located at 34 inches from the floor to
the center of the backing, suitable for the addition of grab bars.
b. All passage doors shall be at least 32- inches wide on accessible floor.
C. Primary entrance shall have a 36 -inch wide door including a 5' by 5' level
landing no more than 1 -inch out of a plane with the immediate interior
floor level, with an 18 -inch clearance at interior strike edge.
d. The door buzzer, bell or chime shall be "hard" wired.
16. The construction plans for this project shall be prepared under direct supervision of a
licensed architect or engineer. (Business and Professionals Code Section 5538)
17. New fireplaces shall be EPA Phase II approved appliances per the Town Ordinance No.
1905. Tree limbs shall be cut within ten feet of chimneys.
18. The Town standard Santa Clara Valley Nonpoint Source Pollution Control Program
specification sheet shall be a part of plan submittal. The specification sheet (Size 24" x
36 ") is available at the Building Department service counter.
19. The project requires the following agencies' approval before issuing a building permit:
West Valley Sanitation District (408)378 -2408; Central Fire District (408)378 -4010;
Los Gatos School District (408)395 -5570. (The school district form may be obtained
from the Town Building Department).
20. California Title 24 Energy compliance forms shall be written on the blueprint copy of the
construction plans.
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21. Approval from the Bay Area Air Quality Management District (415/771 -6000) is
required before obtaining a demolition permit from the Town Building Department. No
demolition work shall be done without first obtaining a demolition permit from the Town.
TO THE SATISFACTION OF THE DIRECTOR OF PARKS, FORESTRY, AND
MAINTENANCE SERVICES:
22. Any impervious surface encroaching under the dripline of existing trees shall have
aeration tubes installed. Existing trees to remain shall have protective fencing placed
around the dripline prior to and during construction.
23. All existing trees on the plan are specific subjects of approval of this plan and must
remain on the site.
24. Tree trimming for chimney clearance shall be performed by a licensed arborist and
subject to Town requirements.
25. If current front hedge cannot be preserved, replace with landscaping of comparable height
and thickness, or density.
26. Provide appropriate landscape screening on west side yard.
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