10 Staff Report - 15220 Kennedy Road
. MEETING DATE: 2/17/04 ITEM NO. /D COUNCIL AGENDA REPORT DATE: TO: FROM: SUBJECT: February 9, 2004 " ORRY P. KORB, TOWN ADOPT RESOLUTION
DENYING AN APPEAL OF A DECISION FROM THE PLANNING COMMISSIONTO APPROVE A GRADING PERMIT FOR LANDSCAPINGIMPROVEMENTS ANDTOINSTALL SOLARPANELS ON PROPERTY ZONED HR-2 Y2. ARCHITECTUREAND
SITE APPLICATION: S-01-98. NEGATIVEDECLARATION:ND-04-03. PROPERTYLOCATION: 15220KENNEDYROAD. PROPERTYOWNERIAPPLICANT/APPELLANT: JIM DEISCHSTETTER RECO:MMENDATION: Adopt resolution confirming
Council action onFebruary 2, 2004, DISCUSSION: On February 2, 2004, Council denied the appeal of a decision of the Planning Commission concerning a grading permit for landscaping improvements
and to install solar panels on the property located at 15220 Kennedy Road. Attachments:' Resolution Distribution: Jim Deichstetter, 15220 Kennedy Road, Los Gatos, CA 95032 PREPARED BY:
ORRY P. KORB, TOWN ATTORNEY' . OPK:LMB/wp [N:\ATYlDeichstetterTCR wpd] Reviewed by: Rev: 2/9/04 9: 14 am Reformatted: 7/19/99 own Manager £S3 Finance "?:t\e.... < Assistant Town Manager
Community Development Clerk File# 301-05
RESOLUTION RESOLUTION 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 Y2 ARCHITECTURE AND SITE APPLICATION: S-01-98. NEGATIVE DECLARATION: ND-04-03. PROPERTY LOCATION: 15220 KENNEDY ROAD. PROPERTY OWNER/APPLICANT/APPELLANT: JIM DEISCHSTETTER WHEREAS:
A. This matter camebefore Council for public hearing on February 2,2004, on an appeal by Jim Deischstetter (property owner/applicant/appellant) from a decision ofthe Planning Commission
and was regularly noticed in conformance with State and Town law. B. Council received testimony and 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 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 l'llldscaping is located on an existing leach field near
the northeast comer of the site and will include the importing of 100 cubic yards spread over 8,500 square feet. D. The Planning Commission 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 Page 1 of 3 ATTACHMENT
, protects the natural features ofthe land and to reduce visual impacts from the open space with strategic landscape screening at the base of the solar array. E. Appella,nt 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 CounciLF.
The Planning Commission decision was correct. The findings ofthe 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, 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 w.ithout 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 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. In effect, the appellant wants to install a large array ofpanels 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 ofthe 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 Page 2 ot' 3
plans that will meet these goals and the goal to reduce dependence on fossil fuel. RESOLVED: 1. The appeal ofthe decision ofthe Planning Commission on Architecture and Site Application
S-O1-98 is denied. Revised Conditions of Approval cl3.!ifying 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 ofCivil Procedure section 1094.6 as adopted by section 1.10.085 ofthe Town Code ofthe Town ofLos Gatos. Any application for judicial
relief from this decision must be sought within the time limits and pursuant to the procedures established by Code ofCivil 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 day of , 2004 by the following vote. COUNCIL MEMBERS:
AYES: NAYS: ABSENT: ABSTAIN: ATTEST: SIGNED: MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA CLERK OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA N:\ATY\Deichstetter. RES.wpd Page
3 of 3
CONDITIONS OF APPROVAL FOR: 15220 Kennedy Road Architecture and Site Application S-01-98 Negative Declaration ND-04-3 Requesting approval ofa grading permit for landscaping improvements
and approval to install solar panels on property zoned HR-2 12. 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 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 ofthe solar panels. Visibility ofthe solar panels shall
be minimized. 5. The leach field area shallnot be planted with ornamental landscaping. Drought tolerant, native species with limited drip irrigation may be 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/MechanicaVPlumbing permits shall be required as necessary. 9. CONDITIONS OF APPROVAL: All Conditions ofapproval shall be stated
in full on the cover sheet of the construction plans submitted for the building permit. 10. SIZEOF PLANS: The maximum size ofconstruction plans submitted for building permits shall .
be 24" x 36". 11. PLAl'\l' PREPARATION: The construction plans for this project shall be prepared under direct supervision of a licensed architect or engineer. (Business and Professionals
Code Section 5538). 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 Page 1 of 3 EXHIBIT A
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 recohUIlendatibns
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 on structural calculation on photo array atta.chirient. ' 14. SPECIAL
INSPECTIONS: When a special inspection ·is required byUBC 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 ofthe Building Permits,in accordance with UBC Section 106.3.5. Please obtain a Inspection form from the Building Department
Service Counter. The Town Special Inspection schedule shall be blue-lined on the construction plans. 15. NONPOINT SOURCE POLLUTION STANDARDS:The Town standard Santa Clara Valley Non-point
Source Pollution Control Program specification shall be part ofthe 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. . GRADING PERMIT. A grading permit is requiredfor site grading and drainage. The grading permit application (with
grading plans) shallbe made to the Engineering DIvision ofthe Parks & Public Works Department located at 41 Miles Avenue. The grading plans shall InClude final grading, drainage, retaining
wall location, driveway, utilities and erosion control. Grading plans shall list earthwork quantities and a table ofexisting and proposed impervious areas. Unless
specifically allowed by the Director 'of Parks and PublicWorks, 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 onE. Main Street is needed for grading within the building footprint. 17. SOILS REPORT. One copy ofthe 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 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
ill 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. Page 2 of 3
19. ENCROACHMENTPERMIT. Allwork in the public right-of-waywill 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 lnspector at least twenty-four (24) hours before starting an work pertaining to onsite 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 ofthe Parks & Public Works Department. A maximum of two weeks is allowed between clearing of an area and stabilizinglbuilding
on an area if grading is allowed during the rainy season. Interim erosion control measures, to be carried out during construction and before installation ofthe final landscaping shall
be included. Interim erosion control method shall include, but are not limited to: silt 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 CountyNPDES Permit.
22. NONPOINT SOURCEPOLLUTIONPREVENTION. 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 SHALLNOT
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 a walk-through with the Engineering Construction
Inspector before the start of construction to verify existing conditions. 25. CONSTRUCTION NOISE. Between the hours of8:00 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. Ifthe device is located within a structure on the property, the measurement measurement shall be made at distances as close to twenty-five (25) feet fromthe device as possible.
The noise level at any point outside ofthe property plane shall not exceed eightyfive (85) dBA. 26. PRIVATE SEWAGE DISPOSAL SYSTEMS. Aplan approval letter from the Environmental Health
Department shall be provided prior to issuance of a grading permit. N:IATY\Deichsletter.CON.wpd Page 3 of 3