07 Staff Report - 310 Santa Rosa DriveMEETING DATE: 5/16/05
~owN 0 ITEM NO. 7
COUNCIL AGENDA REPORT
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DATE: May 13, 2005
TO: MAYOR AND TOWN COUNCIL
FROM: ORRY P. KORB, TOWN ATTORNEY
SUBJECT: ADOPT RESOLUTION GRANTING AN APPEAL OF A PLANNING
COMMISSION DENYING A REQUEST TO CONSTRUCT A SECOND
STORY ADDITION TO A SINGLE FAMILY RESIDENCE THAT EXCEEDS
THE FLOOR AREA RATIO ON PROPERTY ZONED HR-2-1/2. APN: 527-
55-036. ARCHITECTURE AND SITE APPLICATION: S-05-17. PROPERTY
LOCATION: 310 SANTA ROSA DRIVE. PROPERTY OWNER /
APPELLANT: JOHN VERSGROVE
RECOMMENDATION:
Adopt resolution confirming Council action on May 2, 2005.
DISCUSSION:
On May 2, 2005, Council granted the appeal of a decision of the Planning Commission concerning
the application to construct a second story addition to a single family residence on property located
at 310 Santa Rosa Drive. Condition 11 was added by Council to specify the manner in which the
second floor addition is to be designed. Condition 11 was originally stated by Council as follows:
11. SECOND STORY ADDITION: Any second story addition in the existing attic area
shall minimally increase the existing roof mass to meet the minimum Uniform Building
Code requirements for light, ventilation, and egress.
Council recently received an e-mail message from Tony Jeans, the applicant's representative,
requesting clarification of Condition 11 (referred to in the message as Condition 10). The email is
included as Attachment 1. Staff has drafted its own clarification of Condition 11, which reads as
follows:
PREPARED BY: ORRY P. KORB, TOWN ATTORNEY
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Reviewed by: own Manager Assistant Town Manager Clerk Administrator
_ Finance r Community Development
Rev: 5/13/05 2:l / pm
Reformatted: 7/19/99 Filer,; 301-05
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MAYOR AND TOWN COUNCIL
SUBJECT: ADOPT RESOLUTION GRANTING AN APPEAL OF A PLANNING COMMISSION DENYING
A REQUEST TO CONSTRUCT A SECOND STORY ADDITION TO A SINGLE FAMILY
RESIDENCE THAT EXCEEDS THE FLOOR AREA RATIO ON PROPERTY ZONED HR-2-1/2.
APN: 527-55-036. ARCHITECTURE AND SITE APPLICATION: S-05-17. PROPERTY
LOCATION: 310 SANTA ROSA DRIVE. PROPERTY OWNER/ APPELLANT: JOHN
VERSGROVE
May 13, 2005
11. SECOND STORY ADDITION: Any second story addition in the existing attic area
shall be restricted to a shed dormer or traditional dormers at the interior of the courtyard that
minimally increase the existing mass. A shed dormer will be permitted if the applicant
demonstrates that the use of traditional dormers will create a significant impact on the
performance of the proposed photovoltaic system as specified in Section 714.d. 1.13 of the
California Civil Code. Doors, windows, and skylights in this area shall be permitted to the
minimum extent necessary to meet Uniform Building Code requirements for light,
ventilation, and egress. A modest size balcony may be permitted at the interior of the
courtyard.
Staff recommends this version of Condition 11, which is included in the conditions of approval
(Exhibit "A" to the resolution). Council can adopt the resolution with staff's recommended version
of Condition 11 by approving the Consent Calendar without comment. Should Council wish to
reject staff's recommended version of Condition 11, the item should be removed from the Consent
Calendar for separate action.
Attachments: 1. E-mail from Tony Jeans, dated May 11, 2005
2. Resolution
Distribution: John Versgrove, 310 Santa Rosa Drive, Los Gatos, CA 95032
Brian Mah, TDS Architects, 2060 Clarmar Way, San Jose, CA 95128
Original Message
From: T.09v Jeans
To: Sglickman@Iosgatosca.gov , Mwasserman@tosgatosca.gov BSpector@losgatosca.gOv
Cc: jpoulson @ losgatosca.gov_ , _vmsi@msn.com
Sent: Wednesday, May 11, 2005 8:14 PM
Subject: 310 Santa Rosa Drive
Mr Mayor & Councilmembers:
I am asking for clarification on the approval of John Versgrove's project from the Council Hearing last week.
The Draft Conditions of Approval need clarification in the following area:
Condition 10 as presently worded states: "Any 2nd story addition in the existing attic area shall minimally
increase the existing roof mass to meet UBC requirements for light, ventilation and egress."
The way we have to incorporate photovoltaics is on the proposed, south-facing shed roof at the interior
courtyard, thus the way we "minimally increase" the roof becomes critical.
My clarification would read as follows:
Any 2nd story addition in the existing attic area will be restricted to a south facing shed roof at the interior of the
courtyard only. Doors, windows and skylights, in this area, will be permitted to the minimum extent necessary to
meet UBC requirements for light, ventilation and egress.
I would appreciate your comments; sent to Joel Poulson on this issue, so that I can proceed with design
detailing.
Thank you for your help in this matter.
Tony Jeans
Cc: John Versgrove
RESOLUTION
ADOPT RESOLUTION GRANTING AN APPEAL OF A PLANNING COMMISSION
DENYING A REQUEST TO CONSTRUCT A SECOND STORY
ADDITION TO A SINGLE FAMILY RESIDENCE THAT EXCEEDS THE
FLOOR AREA RATIO ON PROPERTY ZONED HR-2-1/2.
APN: 527-55-036
ARCHITECTURE AND SITE APPLICATION: 5-05-17
PROPERTY LOCATION: 310 SANTA ROSA DRIVE
PROPERTY OWNER / APPELLANT: JOHN VERSGROVE
WHEREAS:
A. This matter came before Council for public hearing on May 2, 2005, on an appeal by
John Versgrove (property owner/appellant) from a decision of the 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 give evidence. 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 April 28, 2005, and the Desk Item dated May 2, 2005,
along with subsequent reports and materials prepared concerning this application.
C. The applicant is requesting approval of an architectural and site application to add
1,233 square feet to an existing 6,447 square foot home with an 836 square foot garage for a total
floor area of 8,516 square feet (including garage). The proposed addition will convert the existing
attic space to a second floor area, which includes expanding the existing roof line.
D. The Planning Commission first considered the application on February 9, 2005 and
provided direction to the applicant concerning design and materials. On March 23, 2005, the
Commission considered the revised plans and denied the project because the proposed second story
addition was not kept within the existing building envelope and the windows exceeded the minimum
ATTACHMENT 2
required by the Uniform Building Code to meet requirements for natural light, ventilation and egress.
E. The grounds for the appeal are the applicant believes that the Commission erred or
abused its discretion and that the decision was not based on evidence in the record or the
recommendations of Town staff.
F. Council finds as follows:
1. Pursuant to Town Code section 29.20.300, this application required the interpretation
of a policy over which the Planning Commission did not have the discretion to modify or address,
but which is vested in the Council for modification or decision; to wit, the Hillside Standards and
Guidelines for allowing exceptions to the maximum allowed floor area ratio where the additional
living space would be located within an existing structure and would not significantly add to the
visible mass of the structure. Council finds that applicant has demonstrated that the design could
accommodate additional living space without significantly impacting the apparent mass and'scale
of the structure and that all of the mandatory elements stated in the Hillside Development Standards
and Guidelines for exceeding 6,000 have been met.
2. Pursuant to section 29.20.150, the considerations for approval of Architecture and
Site applications have been made. The proposed construction, as modified, is well designed and
consistent with the hillside architectural style of the neighborhood and does not set a precedent
regarding future development in the neighborhood.
3. The project is categorically exempt pursuant to Section 15301 of the State
Environmental Guidelines as adopted by the Town.
RESOLVED:
1. The appeal of the decision of the Planning Commission on Architecture and Site
Application 5-05-17 is therefore granted.
2
2. Revised Conditions of approval, attached hereto as Exhibit A, are applied to this
Application.
3. 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 or federal law.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los
Gatos, California held on the day of , 2005 by the following vote.
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST
CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA N \ATY\Santa-Rosa RES wpd
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CONDITIONS OF APPROVAL
310 Santa Rosa Drive
Architecture and Site Application S-05-17
Consider an appeal of the decision of the Planning Commission denying a request to construct
a second story addition to a single family residence that will result in a home that exceeds the
Floor Area Ratio on property zoned HR- 2 1/2. APN 527-55-036.
PROPERTY OWNER/APPELLANT: John Versgrove
TO THE SATISFACTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT:
(Planning Section)
1. APPROVAL EXPIRATION: Zoning approval will expire two years from the approval date
pursuant to Section 29.20.320 of the Town Code, unless the application is vested.
2. APPROVAL: This application shall be completed in accordance with all of the conditions
of approval listed below and in substantial compliance with the approved plans received
March 9, 2005. Any minor changes or modifications made to the approved plans shall be
approved by the Director of Community Development other changes will be approved by the
Planning Commission, depending on the scope of the change(s).
3. DEED RESTRICTION: Prior to the issuance of a building permit, a deed restriction shall
be recorded by the applicant with the Santa Clara County Recorder's Office that requires all
exterior paint colors to be maintained in conformance with the Town's Hillside Development
Standards.
4. OUTDOOR LIGHTING: If any outdoor lighting is proposed, an outdoor lighting plan shall
be approved by the Director of Community Development prior to the issuance of Building
Permits. All outdoor lighting shall be down-lighting and shall be as minimal and unobtrusive
as possible. Exterior lighting shall only be used for pedestrian safety and security. There
shall be no up-lighting of landscaping or the home.
5. TITLE 24: Compliance to Title 24 Energy Efficiency Standards are shown using computer
methods. The compliance margin must be at least 10.0.
6. PHOTOVOLTAIC: Photovoltaic (PV) panels must be installed.
7. WINDOWS. Windows shall be low reflectivity glass that also limits nighttime light
emanation. Tinted glass is preferred. Second story windows shall be sized to the minimum
required by the Uniform Building Code to meet natural light, ventilation, and egress.
8. EXTERIOR MATERIALS AND COLORS: The approved wall and column color is Kelly
Moore Highland Grass (LRV 29), trim and railings Kelly Moore Defense (LRV 9), roof will
be slate with a low reflectivity, and low reflectivity stone shall be incorporated into the
proposed exterior materials to the satisfaction of the Director of Community Development.
9. FLOOR AREA: The floor area counted towards the Floor Area Ratio shall not exceed 7,500
square feet.
10. VISIBLE MASS REDUCTIONS: All visible mass reductions offered by the applicant and
illustrated in Exhibit J of Attachment 7 in the Council Report dated April 26, 2005 shall be
incorporated. Additionally, the first floor addition ( 26 sq. ft.) shall not be incorporated into
the redesign.
11. SECOND STORY ADDITION: Any second story addition in the existing attic area shall be
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EXHIBIT A
restricted to a shed dormer or traditional dormers at the interior of the courtyard that
minimally increase the existing mass. A shed dormer will be permitted if the applicant
demonstrates that the use of traditional dormers will create a significant impact on the
performance of the proposed photovoltaic system as specified in Section 714.d. 1.13 of the
California Civil Code. Doors, windows, and skylights in this area shall be permitted to the
minimum extent necessary to meet Uniform Building Code requirements for light,
ventilation, and egress. A modest size balcony may be permitted at the interior of the
courtyard..
(Building Section)
12. PERMITS REQUIRED: A building permit shall be required for demolition of existing and
the construction of the new single family residence. Separate building permits are required
for site retaining walls, water tanks, and swimming pools; separate electrical, mechanical,
and plumbing permits shall be required as necessary.
13. CONDITIONS OF APPROVAL: The Conditions of Approval must be blue-lined in full on
the cover sheet of the construction plans.
14. SIZE OF PLANS: Four sets of construction plans, maximum size 24" x 36."
15. FOUNDATION INSPECTIONS: A pad certificate prepared by a licensed civil engineer or
land surveyor shall 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 be set 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. HAZARDOUS FIRE ZONE: This project requires a Class A roofing assembly.
19. 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.losgatosca.gov.
20. 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.
21. PLANS: The construction plans shall be prepared under the direct supervision of a licensed
architect or engineer. (Business and Professionals Code Section 5538)
22. APPROVALS REQUIRED: The project requires the following agencies approval before
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issuing a building permit:
a. Community Development: Joel Paulson at 354-6879
b. Engineering Department: Fletcher Parsons at 395-3460
C. Parks & Public Works Department: (408) 399-5777
d. Santa Clara County Fire Department: (408) 378-4010
e. West Valley Sanitation District: (408) 378-2407
f. 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)
23. 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 beat 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.
24. 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.
25. PUBLIC WORKS INSPECTIONS. The developer or his representative shall notify the
Engineering Inspector at least twenty-four (24) hours before starting an work pertaining to
on-site drainage facilities, grading or paving, and all work in the Town's right-of-way.
26. Failure to do so will result in rejection ow work that went on without inspection.
27. EROSION CONTROL. Interim and final erosion control plans shall be prepared and
provided within the Building Permit submittal. A maximum of two weeks is allowed
between clearing of an area and stabilizing/building on an area if grading is allowed during
the rainy season. Interim erosion control measures, to be carried out during construction and
before installation of the 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 and S WPPP
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 County NPDES Permit.
28. CONSTRUCTION STREET PARKING. No vehicle having a manufacturer's rated gross
vehicle weight exceeding ten thousand (10,000) pounds shall be allowed on the portion of
a street which abuts property in a residential zone without prior approval from the Town
Engineer 15.40.070).
29. 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.
Page') of 4
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,
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.
31. 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.
TO THE SATISFACTION OF THE SANTA CLARA COUNTY FIRE DEPARTMENT:
32. REQUIRED FIRE FLOW: The required fire flow for this project is 2,250 gpm at 20 psi
residual pressure. An automatic sprinkler system will be installed, the fire flow has been
reduced by 75% establishing a required adjusted fire flow of 1,000 gpm at 20 psi residual
pressure. The adjusted fire flow is available from area water mains and fire hydrant(s) which
are spaced at the required spacing.
33. AUTOMATIC FIRE SPRINKLER SYSTEM REQUIRED: New homes located within the
hazardous fire area, shall be protected throughout by an approved, automatic fire sprinkler
system, hydraulically designed per National Fire Protection Association (NFPA) Standard
#13d.
34. REQUIRED ACCESS TO WATER SUPPLY (HYDRANTS): Portions of the structure(s)
are greater than 150 feet from the centerline of the roadway containing public fire hydrants.
Provide an approved fire sprinkler system throughout all portions of the building.
N:AATY\Santa-Rosa..CON-RES. modified.vWpd
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