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2000-126-Rescinding Resolution #200-99 And Granting An Appeal Of A Planning Commission Decision Requesting Approval To Construct An Accessory Living Quarter And A Variance Application To Exceed The Allowable Height On Property Zoned Hr- 2.5.RESOLUTION 2000 - 126 RESOLUTION RESCINDING RESOLUTION #200-99 AND GRANTING AN APPEAL OF A PLANNING COMMISSION DECISION REQUESTING APPROVAL TO CONSTRUCT AN ACCESSORY LIVING QUARTER AND A VARIANCE APPLICATION TO EXCEED THE ALLOWABLE HEIGHT ON PROPERTY ZONED HR-2.5. CONDITIONAL USE PERMIT APPLICATION: U-00-1 VARIANCE APPLICATION: V-00-1 PROPERTY LOCATION: 15690 GUM TREE LANE PROPERTY OWNER/ APPELLANT: ERIC HAMILTON WHEREAS: A: On July 17, 2000 the Town Council adopted Resolution #2000-99 granting an appeal of a Plamiing Commission decision requesting approval to construct an accessory living quarter and a variance application to exceed the allowable height on property Zoned HR-2.5, Conditional Use Permit Application UU-0-1, Variance Application; V-00-1, for property located at 15690 Gum Tree Lane. B. The Resolution adopted by the Council did not contanthe attachmentreferred to as "Exhibit A-Conditions of Approval". C. This matter came before the Council for public hearing on July 17, 2000, on an appeal by Eric Hamilton from a decision of the Planning Commission and was regularly noticed in conformance with State and Town law. D. The Council received testimony and documentary evidence from the appellant and all interested persons who wished to testify or submit documents. 'The Council considered all testimony and materials submitted, including the record of the P1aiuling Commission proceedings and the paclcet of material contained in the Council Agenda Report dated July 17, 2000, along with i subsequent reports and materials prepared concerning this application. E. Appellant is requesting approval to construct an accessory living quarter and a variance application to exceed the .allowable height of 15 feet on a nine (9) acre parcel of property zoned HR-2.5. F. The basis ofthe appeal is appellant's belief thatthe Commission lacked the discretion to address errors that appellant .alleges were made by the Town in May 1998 which resulted in the expiration of the original conditional use permit. G. Council finds as follows: (1) Pursuant to Town Code section29.20.300 that this matter presented an issue or policy over which the Planning Commission did not have discretion to modify or address, but which is vested. in the Council for modification or decision; to wit, whether, in light ofthe facts of this application, special conditions exist that would make enforcement of the provisions of the Town zoning code result in undue hardship within the meaning of Town Code section 29.20.165.. {2) Pursuant to Town Code sections 29:20.165 and 29.20.170., because. of special .circumstances :applicable to the property, including the size and topography of the property that would reduce the visual impact ofthe proposed project, and the hillside location of the property that throughout the 1996 through 1998 El Nino condition when .appellant's original permit was active made development in the hillside areas difficult, the strict application of the provisions of the Town zoning code deprives the subj ect property of privileges enj oyed by other property in the vicinity and under identical zone including the ability to have constructed an accessory structure in excess of 15 feet, which would have been possible under the original permit. (3) Pursuant to Town Code section 29..20.170, the granting of a variance would 2 ( ~ not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is situated because appellant had a permit to construct an accessory structure at the desired height consistent with prior Town regulations,. but was denied the ability to construct said. structure consistent wit11 the permit .due the 1996 through 1998 El Nino condition when appellant's original permit. was active made development in the hillside areas difficult. (4) Pursuant to Town Code section 29.20.190, t11e proposed use of the property is essential or desirable to the public convenience or welfare, will not impair the integrity and character of the zone, would not be detrimental to the public health, safety or general welfare and is in harmony with the elements and obj ectives of the General Plan because the proposed use is a low . density use that preserves the traditional rural setting, unique terrain and natural topography and integrity of the .hillside area consistent with the goals and policies for properties located within the Hillside Residential designation of the General Plan; because accessory structures are allowed in all residential zones including the HR-2.5 zone; because the structure will be situated on the northwesterly corner of a nine (9) acre parcel and will be substantially hidden from neighboring properties and from the valley floor; and because t11e Town Code allows for variances from the strict application of zoning regulations. (5) The project is categorically exempt pursuant to section 15303 of the State Environmental Guidelines as adopted by the Town. RESOLVED: 1. The Resolution .adopted by the Town Council on August 7, 2000, identified as Resolution #200=99 is rescinded and declared null and void. 3 2. The appeal ofthe decision of the Planning Commission on Conditional Use Permit .Application U-00-1 and Variance Application V-00-1 is granted and the applications are approved subject to the conditions of approval attached hereto as Exhibit "A" to this resolution and by this resolution, incorporated herein. 3. This constitutes a final adjudicatory administrative decision subj ect to judicial review within the time limits specified in section 1094.6 of the California Code of Civil Procedure, the provisions of which have been adopted by the Town of Los Gatos. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California held on the 16t~' day of October, 2000 by the following vote. COUNCIL MEMBERS.: AYES: Randy Attaway, Linda Lubeck, Joe Pirzynslci, Mayor Steven Blanton NAYS : None ABSENT: Jan Hutchins ABSTAIN: None SIGNED: S GATOS ATTEST CLERK OF THE TOWN OF S GATOS LOS GATOS, CALIFORNIA 4 LOS GATOS, CALIFORNIA CONDITIONS OF APPROVAL 15690 Gum Tree Lane a. Conditional Use Permit U-00-1 b. Variance Application V-00-1 Requesting approval to construct an accessory living quarter and a variance application to exceed the allowable height on property zoned HR-2 ~/Z. PROPERTY OWNER/APPLICANT: Eric Hamilton TO THE SATISFACTION OF THE 'DIRECTOR OF COMMUNITY DEVELOPMENT: (.Planning Section) 1. EXPIRATION OF APPROVAL. The Conditional Use Permit .approval for the accessory living quarter 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. COVER SHEET NOTES. The conditions of approval shall be printed on the cover sheet of the #inal plans submitted for building permit approval. 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 #hat the Accessory Living Quarters shall not be converted or used as a Secondary Dwelling Unit and at no time shall a kitchen or any kitchen facilities be placed in the structure by .persons related or unrelated to 'the owner. (Building Section) 5. PERMITS REQUIRED: A building permit application shall be required for the proposed structure. Separate Electrical/Mechanical/Plumbing permitshall be required as necessary. 6. CONSTRUCTION PLANS: The Conditions ofApproval shall be stated infull on the cover sheet of construction plan submitted for building permit. 7. SIZE OF PLANS: The maximum size of construction plans submitted for building permits shall be 24'in. X 36 in. 8. PLANS: The construction plans for this project shall be prepared under direct supervision of a licensed .architect or engineer. (Business and Professionals Code Section5538) 9. 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 with the Building Permit application. This report shall be prepared by a licensed civil engineer specializing in soils mechanics. 10. 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 recommendations 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 S:~ATY1016.18dr surveyor or registered civil engineer for the following items: a. pad elevation b. finish floor elevation c. foundation corner locations 11. HAZARDOUS'FIRE ZONE: This .project requires Class A roofing assembly. 12. TITLE 24 ENERGY COMPLIANCE: California Title 24 Energy Comp lance forms CF-1 R and MF-1 R shall be blue-lined on the construction plans. 13. 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 Permits, in accordance with UBC Section 106.3.5. Please obtain Town Special Inspection form from the Building Department Service Counter. The Town Special ..Inspection schedule shall be blue-lined on the construction plans. 14. NONPOINT SOURCE POLLUTION STANDARDS: The Town standard Santa Clara Valley Nonpoint Source Pollution Control Program specification sheet shall be part of plan submittal. The specification sheet (size 24"x36") is available at the Building Department counter. 15. APPROVALS REQUIRED: The project requires the following agencies approval before issuing a building permit: a. West Valley Sanitation District: 378-2407 b. Santa Clara County Fire Department: 378-4010 TO THE SATISFACTION OF THE DIRECTOR OF PARKS :AND PUBLIC WORKS: (Parks and Forestry Section) 16. EXLSTING TREES. Existing trees shall be protected prior to .and during construction by measures subject to approval by the Parks and Forestry Department. Additionally, existing trees should be put on a maintenance program and recommendations by the Arborist should be followed to preserve the. trees. 17. GENERAL. All existing trees shown on the plan are specific subjects of approval. of this plan, and must remain on site.. 18. TREE FENCING. Require tree protection fencing to be placed at the dripline of existing trees to be saved in the area of construction. Fencing shall be four feet high chain link attached to steel poles driven two feet into the ground when at the dripline of the tree. if the fence has to be within eight feet of the trunk of the tree a fence may be used, as in a typical chain. link fence that is rented. These .,.protection measures are subject to approval by the Parks and Forestry Department. TO THE SATISFACTION OF THE SANTA CLARA COUNTY f1RE DEPARTMENT: (fire Department:Section) 19. FIRE FLOW. Provide the required fire flow from fire hydrants spaced at a minimum of 500 feet, or provide an approved fire sprinkler system designed .per National Fire Protection Association (NFPA) Standard #13D and local ordinances, throughout all portions of the structure. 20. Fl RE FLOW. Portions of the structures(s) are greater than 150 feet of travel S:~ATY1046.18dr distance from the centerline of the roadway containing public fire hydrants. Provide an on- sitefire hydrant or provide an approved fire sprinkler system throughout all portions of the building:. 21. FIRE ACCESS. Provide an access drivewaywith a paved all weathersurface, a minimum unobstructed width of 12 feet, vertical clearance of 13 feet 6 inches, minimum circulating turning radius of 36 feet outside and 23 feet inside, and a maximum slope of 15% 22. FIRE ACCESS. Provide an approved fire department engine driveway turnaround with a minimum radius of 36 feet outside and 23 feet inside. Installations shall conform with .Fire Department Standard Details and Specifications D-1. S:~P,TY1016.18dr