02 Staff Report - Kennedy Road @ Forrester Roadsow N aF
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DATE:
TO:
FROM:
SUBJECT:
MEETING DATE: 10-6-2008
AGENDA ITEM: a~1
COUNCIL AGENDA REPORT
September 29, 2008
MAYOR AND TOWN COUNCIL
ORRY P. KORB, TOWN ATTORNEYa-
ADOPT RESOLUTION GRANTING AN APPEAL OF AND REVERSING A
PLANNING COMMISSION DECISION DENYING THE CONSTRUCTION OF
A NEW SINGLE FAMILY RESIDENCE AND ACCESSORY BUILDINGS
WITHIN AN APPROVED PLANNED DEVELOPMENT ON PROPERTY
ZONED HR-2 1/2:PD. APN: 537-29-007 & 008. ARCHITECTURE & SITE
APPLICATION S-08-55: KENNEDY ROAD @ FORRESTER ROAD.
APPLICANT/APPELLANT: ROB DE SANTIS. PROPERTY OWNER:
ACORN TRUST,
RECOMMENDATION:
Adopt resolution granting an appeal of and reversing a Planiling Commission decision denying
the construction of a new single family residence and accessory buildings within an approved
planned development on property zoned HR--21/2:PD.
DISCUSSION:
On September 15, 2008, Council granted an appeal of and reversed a Planning Commission
decision denying the construction of a new single family residence and accessory buildings
within an approved planned development on property zoned HR-2'h:PD. The attached
resolution formalizes that decision.
Attachment: Proposed Resolution
PREPARED BY: ORRY P. KORB, TOWN ATTORNEY 0PK:LA111/wp 1N:1A1"Y5Reparts1Repmā¢eSan[n I0.6.08mI l]
Reviewed by: wn Manager Assistant Town Manager Clerk
Finance Community Development _
Rev: 10/2/08 11:36 am
Reformatted: 7/19/99 Filed 301-05
RESOLUTION
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS GRANTING
AN APPEAL OF AND REVERSING A PLANNING COMMISSION DECISION DENYING
THE CONSTRUCTION OF A NEW SINGLE FAMILY RESIDENCE AND ACCESSORY
BUILDINGS WITHIN AN APPROVED PLANNED DEVELOPMENT ON PROPERTY
ZONED HR-21/z:PD.
APNS: 537-29-007 & 008
ARCHITECTURE & SITE APPLICATION S-08-55
PROPERTY LOCATION: KENNEDY ROAD AT FORRESTER ROAD
PROPERTY OWNER: ACORN TRUST
APPLICANT/APPELLANT: ROB DESANTIS
WHEREAS:
A. This matter came before the Town Council for a public hearing on September 15,
2008, and was regularly noticed in conformance with State and Town law.
B. Council received testimony and documentary evidence from the applicant/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 the packet of material contained in the Council Agenda Reports, Addenda and Desk Items
prepared for the Council hearings on this application.
C. The appeal concerns a Planning Commission decision denying an Architecture and
Site (A&S) application for the construction of a new single family residence and accessory buildings
within an approved Planned Development (PD). The approved PD allows for an 8,650 square foot
primary residence with attached guest unit and garage, pool and cabana, art studio, gatehouse, pond,
and a tennis court and pavilion. The total permitted floor area for the primary residence and
accessory structures is 14,700 square feet,
D. The Planning Commission first considered the A&S application on August 13, 2008.
The Commission continued the matter for two weeks and requested that the applicant/appellant
provide additional fencing, lighting, and landscape details, including hydraulic and irrigation
calculations.
E. The A&S application was again considered by the Planning Commission and denied
on August 27, 2008. The Commission based its denial on its determination that elements of the
project only addressed in the A&S application, specifically a proposed security wall, did not comply
with the Town's Hillside Development Standards and Guidelines ("HDS&G") and that the landscape
plan is incomplete.
F. On August 28, 2008, the applicant/appellant appealed the Planning Corm-nission's
decision to deny his A&S application.
G. The ipplicant/appellant claims that the Planning Commission erred or abused its
discretion in that the proposed construction is consistent with the goals and objectives of the
HDS&G.
H. The appeal is granted and the decision of the Planning Commission is hereby
reversed.
1. Council finds as follows:
Pursuant to Town Code section 29.20.300(b), Council reverses the decision
of the Planning Commission because of an issue or policy over which the Commission did not have
discretion to modify or address, but which is vested in the Council for modification or decision; to
wit, the unusual, complex, and confusing nature of the A&S application resulting from the
previously approved detail of Planned Development Ordinance 2162, leaving the Commission
without a clear understanding of their discretion regarding the previously approved project.
2. In response to the landscape plan provided by the applicant/appellant, the
Planning Commission expressed concern that not enough detail was provided on proposed
ornamental planting; however, landscape plan details are not a required element of an A&S
application for a single family residence and are not typically inclusive of a detailed planting plan at
this point in the applicant/appellant's process. Before the applicant/appellant is issued an occupancy
permit, an evaluation of the area south of the pool and cabana is required pursuant to the Mitigated
Negative Declaration, which Council approved on May 5, 2008, to determine if additional planting is
needed for screening of the rear yard and back of the main residence once these improvements have
been constructed.
3. The applicant/appellant's proposed security fencing was previously approved
in Plamled Development Ordinance 2162 and conforms to the Hillside Specific Plan and the
HDS&G in that it is open style, is strategically located to minimize visibility, and allows for wildlife
movement over a large portion of the property.
4. All findings made by Council on May 19, 2008 when approving
the PD Ordinance, including findings of conformance with the Town's General Plan, Hillside
Specific Plan, and the HDS&G, are incorporated herein as findings applicable to the reversal of the
decision of the Planning Commission and approval of the A&S application. The A&S application is
also consistent with Planned Development Ordinance 2162, as evidenced by the Staff Report and
Addenda prepared for this appeal, and the testimony of the Community Development Director at the
hearing on September 15, 2008.
5. The project is consistent with the considerations for approval of A&S
applications as set forth in Town Code Section 29.20.150.
RESOLVED:
1. The appeal of the decision of the Planning Commission on A&S application S-08-55
is granted, the Planning Commission's decision denying the application is reversed, and the
application is approved, subject to the conditions attached as Exhibit "A" hereto.
2. 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 and Federal Law.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los
Gatos, California on the 6th day of October 2008, by the following vote.
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK ADMINISTRATOR
TOWN OF LOS GATOS, CALIFORNIA
4
TOWN COUNCIL - SEPTEMBER 15, 2008
CONDITIONS OF APPROVAL
Kennedy Road rr, Forrester Road
Architecture & Site Application S-08-55
Requesting approval to construct a new single family home and accessory buildings within
an approved Planned Development on property zoned HR-2 1/2:PD. APN: 537-29-007 &
008
PROPERTY OWNER: Acorn Trust
APPLICANT: Rob DeSantis
TO THE SATISFACTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT:
Planning Division
1. APPROVAL: This application shall be completed in accordance with all of the
conditions of approval listed below and in substantial compliance with the plans
approved on August 27, 2008 and noted as received by the Town on August 7 & 19,
2008. Any changes or modifications to the approved plans shall be approved by the
Community Development Director or the Planning Commission depending on the scope
of the change(s).
2. EXPIRATION OF APPROVAL: The Architecture and Site application will expire two
years from the date of the approval pursuant to Section 29.20.335 of the Town Code,
unless the approval is used prior to expiration.
3. TOWN INDEMNITY. Applicants are notified that Town Code Section 1.10.115 requires
that any applicant who receives a permit or entitlement from the Town shall defend,
indemnify, and hold harmless the Town and its officials in any action brought by a third
party to overturn, set aside, or void the permit or entitlement. This requirement is a
condition of approval of all such permits and entitlements whether or not expressly set
forth in the approval.
4. PLANNED DEVELOPMENT. All conditions included in Planned Development
Ordinance 2162 sball be complied with unless modified by the conditions contained
herein.
5. EXTERIOR COLOR. The exterior color of the house shall not exceed a light reflectivity
value of 30 and shall blend with the natural vegetation.
6. 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.
7. ARCHITECTURE. The final detailing for the windows on the circular element on the
rear elevation shall be reviewed and approved by staff with input from the Consulting
Architect, prior to issuance of a building permit.
8. OUTDOOR LIGHTING. House exterior and landscape lighting shall be kept to a
minimum, and shall be down directed fixtures that will not reflect or encroach onto
adjacent properties. The outdoor lighting plan can be reviewed during building plan
check. Any changes to the lighting plan shall be approved by the Planning Division prior
to installation.
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9. LANDSCAPE PLAN. Any non-native species and/or ornamental planting shall be
located within 30 feet of the perimeter of the area formed by the main house, pool and
cabana, and within 30 feet of other structures on the property. A planting plan shall be
included with the construction plans and shall be reviewed for HDS&G compliance
during the building plan check process.
10. IRRIGATION. Water usage for landscaping shall be minimized to the extent possible
through use of low volume emitters.
Building Division
11. APPLICABLE CODES. The project shall conform to the 2007 California Building, Fire,
Mechanical, Electrical, and Plumbing Codes. The CC's are based on model codes; 2006
hlternational Building Code and Fire Code and 2006 Uniform Plumbing and Mechanical
Codes and the 2005 National Electrical Code.
12. SIZE OF PLANS: Four sets of construction plans shall be provided with the building
permits submittal (maximum size 24" x 36").
13. CONDITIONS OF APPROVAL: The Conditions of Approval must be blue-lined in full
on the cover sheet of the construction plans. A compliance memorandum shall be
prepared and submitted with the building permit application detailing how the Conditions
of Approval (inclusive of the PD Ordinance) will be addressed.
14. SOILS REPORT: 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. The report shall be prepared by a licensed civil
engineer specializing in soils mechanics (California Building Chapter 18).
15. SHORING. Shoring plans and calculations will be required for all excavations that
exceed four (4) feet in depth or that remove lateral support from any existing building,
adjacent property or the public right-of-way. Shoring plans and calculations shall be
prepared by a California licensed engineer and shall conform to Cal/OSHA regulations.
16. 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:
a. Building pad elevation
b. Finish floor elevation
c. Foundation corner locations
d. Retaining Walls
17. BACKWATER VALVE. The scope of this project may require the installation of a
sanitary sewer backwater valve per Town Ordinance 6.50.025. Please provide
information on the plans if a backwater valve is required and the location of the
installation. The Town of Los Gatos Ordinance and West Valley Sanitation District
(WVSD) requires backwater valves on drainage piping serving fixtures that have flood
level rims less than 12-inches above the elevation of the next upstream manhole.
18. WILDLAND URBAN INTERFACE. This project is in a Wildlife Urban Interface Fire
Area and must comply with Chapter 7A of the 2007 California Building Code.
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19. DEFENSIBLE SPACE. A Defensible Space/Fire Break Landscape plan prepared by a
California licensed architect shall be provided. The plan shall be in conformance with
the California Public Resources Code 4291 and California Government Code Section
51182.
20. LANDSCAPE CERTIFICATION. A letter shall be provided from a California licensed
architect certifying that landscaping and vegetation clearance requirements have been
completed in compliance with California Public Resources Code 4291 and California
Government Code Section 51182, prior to final inspection.
21. 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.
22. APPROVALS REQUIRED: The project requires the following departments and
agencies approval before issuing a building permit:
a. Community Development - Planning Division: Suzanne Davis at 354-6875
b. Engineering/Parks & Public Works Department: Fletcher Parsons at 395-3460
C. Santa Clara County Fire Department: (408) 378-4010
d. West Valley Sanitation District: (408) 378-2407
e. Local School District: The Town will forward the paperwork to the appropriate
school district(s) for processing. A copy of the paid receipt is required prior to
permit issuance.
TO THE SATFISFATION OF THE DIRECTOR OF PARKS &PUBLIC WORKS
Engineering Division
23. DRIVEWAY WIDTH. The applicant shall reduce the driveway width to the satisfaction
of the Town Engineer and the Director of Community Development prior to submittal of
plans for building plan check. Width reductions shall be made strategically to reduce
retaining wall height and length, tree impacts, grading volumes and impervious area
while still satisfying Engineering and Santa Clara County Fire Department standards.
24. DRIVEWAY APPROACH. The developer shall install a Town standard residential
approach. The new driveway approach shall be constructed per Town Standard Details.
25. SITE DRAINAGE. Rainwater leaders shall be discharged to splash blocks. No through
curb drains will be allowed.
26. NPDES. On-site drainage systems shall include a filtration device such as a bio-swale or
permeable pavement.
27. SANITARY SEWER BACKWATER VALVE. Drainage piping serving fixtures which
have flood level rims less than twelve (12) inches (304.8 nun) above the elevation of the
next upstream manhole and/or flushing inlet cover at the public or private sewer system
serving such drainage piping shall be protected from backflow of sewage by installing an
approved type backwater valve. Fixtures above such elevation shall not discharge through
the backwater valve, unless first approved by the Administrative (Sec. 6.50.025). The
Town shall not incur any liability or responsibility for damage resulting from a sewer
overflow where the property owner or other person has failed to install a backwater
valve, as defined section 103(c) of the Uniform Plumbing Code adopted by section
6.50.010 of the Town Code and maintain such device in a functional operating condition.
Evidence of West Valley Sanitation District's decision on whether a backwater device is
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needed shall be provided prior to issuance of a building permit.
28. 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.
29. UTILITY SETBACKS. House foundations shall be set back a sufficient distance from
utility lines to allow excavation without undermining the foundation. The Town
Engineer shall determine the appropriate setbacks based on the depth of the utility line,
input from the solids engineer and the type of foundation.
30. COSTRUCTION STREET PARKING. No vehicle having a manufacturer's rated gross
vehicle weight exceeding ten thousand (10,000) pounds shall be allowed to park on the
portion of a street which abuts property in a residential zone without prior approval from
the Town Engineer 15.40.070).
31. GOOD HOUSEKEEPING. Good housekeeping practices shall be observed at all times
during the course of construction, Superintendence of construction shall be diligently
performed by a person or persons authorized to do so at all times during working hours.
The storing of goods and/or materials on the street will not be allowed unless a special
permit is issued by the Engineering Division.
32. TRAFFIC CONTROL PLAN. The project sponsor shall work with the Engineering
Division of the Parks and Public Works Department and coordinate with the Police
Department, Santa Clara County Fire Department, School District(s), and any public
transportation agencies that share the saine route(s) as construction traffic for the project
to develop a Traffic Control Plan. The Plan shall be incorporated into the bid documents .
(specifications) and shall include, but is not limited to, the following measures:
a. Construction activities shall be strategically timed and coordinated to minimize
traffic disruption for schools, residents, businesses and special events. The
schools located on the haul route shall be contacted to help with coordination of
the trucking operation.
b. All construction traffic shall not exceed a speed of 15 MPH.
33. NEW TREES. All newly planted trees are required to be double staked to Town
Standards.
34. GENERAL. All existing trees being retained and replacement trees are specific subjects
of approval of this plan and must remain on the site.
35. PERMIT ISSUANCE. Pen-nits for each phase (reclamation, grading and landscaping)
shall be issued simultaneously.
TO THE SATISFACTION OF THE SANTA CLARA COUNTY FIRE DEPARTMENT:
36. REQUIRED FIRE FLOW. Required fire flow is 1,750 GPM at 20 psi. residual pressure.
37. WILDLAND URBAN INTERFACE. A State of California licensed (C-16) Fire
Protection contractor shall submit plans, calculations, a completed permit application and
appropriate fees to the Fire Department for review and approval prior to beginning work.
38. AUTOMATIC FIRE SPRINKLER SYSTEM REQUIRED. An approved automatic fire
sprinkler system is required for the new residence, guest quarters, garage, and all
accessory structures 500 square feet or greater. The sprinkler systein shall be
hydraulically designed per National Fire Protection Association (NFPA) Standard #13D
and local ordinances. The fire sprinkler system supply valving shall be installed per Fire
Department Standard Detail & Specifications W-1/SP-6.
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39. PUBLIC FIRE HYDRANT(S) REQUIRED. Provide pubic fire hydrant(s) at location(s)
to be determined jointly by the Fire Department and San Jose Water Company.
Maximum hydrant spacing shall be 600 feet, with a minimum single hydrant flow of
1,500 GPM at 20 psi residual. If area fire hydrants exist, reflect their location on the civil
drawings included with the building permit submittal.
40. FIRE HYDRANT LOCATION IDENTIFIER. Prior to final inspection the general
contractor shall ensure that an approved "Blue Dot" fire hydrant location identifier has.
been placed in the roadway as directed by the Fire Department.
41. FIRE APPARATUS (ENGINE) ACCESS DRIVEWAY REQUIRED. An access
driveway with a paved all weather surface, minimum unobstructed width of 12 feet,
vertical clearance of 13 feet six inches. Installations shall conform to Fire Department
Standard Details and Specifications sheet D-1.
42. FIRE APPARATUS (ENGINE) DRIVEWAY TURNAROUND REQUIRED. Provide
an approved Fire Department engine driveway turnaround with a minimum radius of 36
feet outside and 23 feet inside. Installations shall conform to Fire Department Standard
Details and Specifications D-1.
43. EMERGENCY GATE/ACCESS REQUIREMENTS. Gate installations shall conform to
Fire Department Standard Details and Specification G-1 and shall not obstruct and
portion of the required width for emergency access roadways or driveways when open.
Locks, if provided, shall be approved by the Fire Department prior to installation
44. PREMISE IDENTIFICATION. Approved addresses shall be placed on all new buildings
so they are clearly visible and legible from Kennedy Road. Numbers shall be a minimum
of four inches high and shall contrast with their background.
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