1993-006-Denying An Appeal If A Decision Of The Planning Commission Approving Request For Approval Of Plans To Construct A New Single Family Residence On Property In The R-1:12,000 ZoneRESOLUTION 1993 -6
RESOLUTION DENYING AN APPEAL OF A DECISION OF THE
PLANNING COMMISSION APPROVING REQUEST FOR APPROVAL
OF PLANS TO CONSTRUCT A NEW SINGLE - FAMILY RESIDENCE
ON PROPERTY IN THE R- 1:12,000 ZONE, ARCHITECTURE AND SITE
APPLICATION S- 90 -47A
(PROPERTY LOCATED AT 18507 OVERLOOK ROAD /OWNER, ED
BURKE /APPELLANT, WILLIAM J. SORIA)
WHEREAS:
A. Property owner and applicant, Ed Burke, received approval from the Planning
Commission to demolish a single - family residence and accessory building to construct a
3,229 square foot multi -level single - family residence with a 570 square foot attached two car
garage on a 12,001 square foot lot. The applicant received the required permit, demolished
the house, and also applied for a building permit for the construction of the new house
(Architecture and Site Application 5- 90 -47);
B. Due to problems obtaining financing, the applicant filed and received an
extension for the building permit but was unaware of the need to file for a time extension
for the architecture and site application before it expired;
C. The applicant has re- applied to construct the same house;
D. The Development Review Committee on October 21, 1992 recommended
approval of the application subject to 18 conditions;
E. The Planning Commission considered the matter on October 28, 1992 and
recommended approval subject to the 18 conditions recommended by the Development
Review Committee;
F. The appellant, William J. Soria, has appealed the Planning Commission
decision on the basis that the Commission did not give enough consideration to the
driveway location which could be a severe accident potential;
G. The Development Review Committee worked with the applicant in designing
a driveway which they believe will not result in a traffic hazard; and
H. The Town Council held a public hearing on December 7, 1992.
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RESOLVED:
A. The Town Council hereby finds that the Planning Commission did not err in
its approval of Architecture and Site Application S- 90 -47A.
B. The application is approved subject to the following conditions:
TO THE SATISFACTION OF THE PLANNING DIRECTOR:
(Planning Section)
1. All conditions of this application shall be included on the cover sheet of
the Building Permit plans.
2. The residence shall be pre - plumbed for solar hot water heating.
3. A Tree Removal Permit shall be obtained prior to the issuance of a
Building Permit.
(Engineering Section)
4. Final grading, drainage, driveway, utility and interim erosion control plans
shall be submitted to the Engineering Department.
5. No grading or earth - disturbing activities shall be initiated between October
1 and April 15. For grading operations commenced prior to October 1, all
grading or earth - disturbing activities shall cease October 15 and will not be
allowed to restart until April 15. These limitations apply to the following:
driveways, building pads, foundation trenches and drilled piers, retaining walls,
swimming pools, tennis courts, outbuildings, and utility trenches. If final
landscaping is not complete by September 1, interim erosion control measures
shown on the approved interim erosion control plan will be require to be
instituted by October 1 and maintained throughout the October 1 to April 15
rainy season.
6. A Grading Permit will be required for the construction of driveway,
drainage, erosion control and grading outside the footprint of the building.
7. A five -year tree maintenance agreement shall be entered into.
8. Roof rainwater leaders shall be discharged onto energy dissipators which
shall be designed to spread out the rainwater so that it enters the landscaped
areas as sheet flow. Runoff from the site shall not be collected into a pipe
system, concentrated, and discharged downslope. Off -site drainage, flowing
on to the site, shall be controlled in a similar manner. No improvements
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shall obstruct or divert runoff to the detriment of an adjacent or down stream
property. Retaining walls shall include provisions for drainage.
TO THE SATISFACTION OF THE DIRECTOR OF PARKS, FORESTRY &
MAINTENANCE SERVICES:
9. Any trenching within the dripline of existing trees shall be hand dug.
10. Newly planted trees shall be double- staked, using rubber tree ties and
shall be planted prior to occupancy.
11. No irrigation or planting shall be permitted under the dripline of existing
native trees.
12. All tree care activities shall be accomplished by a licensed, competent tree
care firm as approved by and under the supervision of the Director of Parks,
Forestry & Maintenance Services.
13. Prior to any Construction or Building Permits being issued, the applicant
shall meet with the Director of Parks, Forestry and Maintenance Services
concerning the need for protective fencing around the existing trees. A plan
for such protective fencing demonstrating type and location shall be submitted
to the Planning Director after being approved by the Director Parks, Forestry
and Maintenance Services. Such fencing is to be installed prior to, and be
maintained during, construction.
TO THE SATISFACTION OF THE DIRECTOR OF BUILDING AND ENGINEERING
SERVICES:
14. All work in the public right -of -way will require a Construction
Encroachment Permit.
15. Any existing sanitary sewer lateral proposed for reuse shall be televised
and approved by West Valley Sanitation District.
16. A sanitary sewer lateral clean -out shall be installed at the property line.
17. Horizontal and vertical controls shall be set by a licensed surveyor or a
registered civil engineer for the following items:
a. Pad location
b. Finish floor elevation
c. Foundation corner location
d. Retaining wall, top -of -wall elevation, location
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e. Toe and top of cut and fill slopes
18. The residence shall be designed to include the following features:
a. Light switches and thermostat controls shall be mounted between
36 inches and 48 inches from the floor to the center of the unit,
electrical receptacle outlets shall be mounted no lower than 14 inches
from floor to center of outlet.
b. Wooden backing (2 ft. x 8 ft. 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.
c. Faucets and shower controls shall be operable with one hand and
shall not require tight grasping, pinching or twisting of the wrist. The
force required to activate controls shall be no greater than 5 lbs.
Lever- operated, push -type and electronically controlled mechanisms are
examples of acceptable designs. Separate hot and cold controls are
acceptable providing they require a minimal amount of grasping to
operate.
d. All passage doors shall be at least 32- inches wide on accessible floor.
e. Primary entrance shall have a 36 -inch wide door including: a 5-
foot by 5 -foot level landing, 18 -inch clearance at interior strike edge,
and the threshold shall be no higher than one inch with 1:3 minimum
bevel (as specified in the HCD standards). Exit doors accessing the
rear yard shall comply with the primary entrance criteria, except (a)
the required landing adjacent to the sliding glass doors shall be flush
with the bottom of the threshold of that door and that the threshold
shall be no higher than one and one -half inches; (b) garage doors are
totally exempt.
f. Door buzzer, bell or chime shall be "hard" wired.
g. At least one bathroom (lavatory sink and water closet minimum)
shall be provided on the accessible floor with space requirements for
accessibility (36 in. x 48 in. clear space for water closet, 30 in. x 48 in.
clear space for lavatory sink). If a bathtub is installed on the
accessible floor, a 30 in. x 48 in. clear space (30 inches Dimension
perpendicular to tub) shall be provided.
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Pursuant to Los Gatos Town Code Section 1.10.085, the time for seeking judicial
review for the Town Council decision is governed by California Code of Civil Procedure
Section 1094.6.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town
of Los Gatos, California, held on the 4 day of January, 1993 by the following vote.
COUNCIL MEMBERS:
AYES: Randy Attaway, Steven Blanton, Linda Lubeck,
Patrick O'Laughlin, Mayor Joanne Benjamin
NAYS: None
ABSENT: None
ABSTAIN: None
SIGNED:
AYOR OF THE TOW F LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
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