2001-103-Denying An Appeal Of A Planning Commission Decision Approving A Request To Construct A New Single Family Residence In The Hr-1 Zone.RESOLUTION 2001 -103
RESOLUTION DENYING AN APPEAL OF' A
PLANNING COMMISSION DECISION APPROVING A.REQUEST TO
CONSTRUCT A NEW SINGLE FAMILY RESIDENCE IN THE HR-1 ZONE.
ARCHITECTURE AND :SITE APPLICATION: 5-99-27
PROPERTY LOCATION: 15491 FRANCIS OAKS WAY
PROPERTY OWNER /APPLICANT: BACCHUS INVESTMENTS, LLC
APPELLANT: DAVID WEISSMAN
WHEREAS:
A. This matter came before Council for public hearing on September 4, 2001, on an
appeal by David Weissman (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 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 Report dated August 29, 2001, Council Agenda Deslc
Item Report dated September 4, 2001 along with subsequent reports .and materials prepared
concerning this application.
C. The applicant is proposing to construct a 5,095 square-foot split-level residence on
a vacant 1.17- acre parcel. The proposal also features an attached 756 square-foot three-car garage.
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D. The Planning Commission considered the application on June 13, 2001 and approved
based on the conclusion that the direction given by the Town Council was met by the applicant's
current proposal.
E. Appellant claims that the Planning Commission erred or abused its discretion when
approving the application because the appellant feels that the applicant did not follow the Town
Council's direction.
F. The Planning Commission decision was correct.
RESOLVED:
1. The appeal of the decision of the Planning Commission on Architecture and Site
Application 5-99-27 is denied. The revised Conditions of Approval, attached hereto as Exhibit A,
are applied to this appeal.
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 aiid Federal law.
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PASSED AND .ADOPTED at a regular meeting of the Town Council of the Town of Los
Gatos, California, on the 17TH day of September, 2001 by the following vote.
COUNCIL MEMBERS.:
AYES:. Randy Attaway, Steven Blanton, Sandy Decker, Steve Glickman,
Mayor Joe Pirzynski.
NAYS: None
ABSENT: None
ABSTAIN: None
6---
SIGNED:
AYOR OFT E TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST.:
v ~L
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS,;CALIFORNIA
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RECOMMENDED CONDITIONS OF APPROVAL
15491 Francis Oaks Way
a. Architecture .and .Site Application 5-99-27
b. Negative Declaration ND-00-7
Requesting approval to construct a new single family residence in the HR-1 zone. No
significant environmental impacts have been identified as a result of this project and a
Negative Declaration is .recommended.
PROPERTY OWNER/APPLICANT: Bacchus Investments, L.L.C.
APPELLANT: Dave Weissman
(xx* MITIGATION MEASURES)
TO THE SATLSFACTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT:
(Planning Division)
3. 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 and
referenced as Exhibit F in the report to the Planning Commission. 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).
4. EXPIRATION OF APPROVAL.: The Architecture and Site approval will expire two
years from the approval date unless it is used before expiration. Section 29.20.335 defines what
constitutes the use of an .approval granted under the Zoning Ordinance..
5. 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.
6. TREE REMOVAL PERMIT: A tree removal permit shall be .obtained for any trees
to be removed prior to the issuance of any permits.
7. LIGHTING: Provide a lighting plan,. all lighting shall be down lighting there shall be
no point source lighting around the entire perimeter of the house, to the satisfaction of the Director
of Community Development.
8. SCREENING: Applicant shall work with Mr. McLaughlin on screening at the
property line for the rental property which may include placing of trees on Mr. McLaughlin's
property, with his permission, to mitigate concerns of visibility of the rental property.
(Building Division)
9. PERMITS REQUIRED: A building permit application shall be required for each
proposed structure. Separate Electrical/Mechanical/Plumbing permits shall be required as necessary.
10. CONDITIONS OF APPROVAL: 'The Conditions of Approval shall be stated in full
on the cover sheet of .construction plan submitted for building permit.
11. SIZE OF PLANS: The maximum size of construction plans submitted for building
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15491 Francis Oalcs Way
,September 4, 2001
permits shall be 24 in. X 36 in.
12. PLAN PREPARATION: The construction plans :for this project shall be prepared
under the direct supervision of a licensed .architect or engineer (Business and Professionals Code
Section 5538).
13. 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.
14. 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 surveyor or registered civil engineer for the following items:
a. pad elevation
b. finish floor :elevation
c. foundation corner locations
15. SOLAR WATER HEATING: The residence shall bepre-plumbed for solar hot water
heating. The plans shall show the location of a stub and valve located in the attic space for solar
water heating use.
16. RESIDENTIAL TOWN ACCESSIBILITY STANDARDS: The residence shall be
designed with adaptability features for single-family residence per Town Resolution '1994-61:
a. Wooden backing {no smaller than 2" x 8") shall be provided in all bathroom
walls at water closets, showers and bathtubs, located at 34 inches from the :floor to the center ofthe
backing, suitable for the installation of grab bars.
b. All passage doors shall be at least 32 inches wide on accessible .floors.
c. Primary entrance shall have a 36-.inch wide door including, a 5-foot by 5-foot level
landing no more than 1-inch out of plane with the immediate interior floor level, with
an 18-inch clearance at interior strike edge.
15. TITLE 24 ENERGY COMPLIANCE: California'Title 24 Energy Compliance forms
CF-1R and MF-1R hall be blue lined on the construction plans.
16. TOWN FIREPLACE .STANDARDS: New fireplaces shall be EPA Phase II
approved appliances per Town Ordinance 1905. Tree limbs shall be cut within 10 feet of chimneys.
17. HAZARDOUS FIRE ZONE: This project requires Class A Roofing assembly..
18. SPECIAL INSPECTIONS: Whence special inspection is requredby UBC Section
1701, the architect or engineer of record shall prepare an nspectionprogram 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 beblue-lined on the construction plans.
19. NONPOINT SOURCE POLLUTION STANDARDS: The Town .standard Santa
Clara Valley Nonpoint Source pollution Control Program specification sheet shall be part of plan
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1549'1 Francis Oalcs Way
September 4, 2001
submittal. The specification sheet (size 24" x 3b") is available at the Building Department service
counter.
20. 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
c. County Health Department: 299-6060
d. Union School District: 377-8010
e. Los Gatos School District: 395-5570
Note: Obtain the School district .form from the Town .Building Department after the
Building Department has approved the building permit.
TO THE SATISFACTION OF THE DIRECTOR OF PARKS AND PUBLIC WORKS:
(Engineering Division)
21. GRADING PERMIT. A grading permit isrequired for grading, drainage and interim erosion
control. A separate application for a grading permit (with grading plans) shall be made to the
Engineering Section of the Parks and Public Worlcs Department. The grading plans shall include
final grading, drainage retaining wall location, driveway, utilities and interim erosion control. Unless
specifically allowed by the Director of Parlcs :and Public Worlcs, the .grading permit will be issued
concurrently with the building permit.
22. SOILS REPORT. One copy of the soils and geologic report shall be submitted with the
grading permit .application. The soils. report shall .include specific criteria and standards governing
site grading, drainage, 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.
23. * * * GEOLOGY. A detailed geotechnical study (including fault investigation) shall be
completed to determine whether any proposed homes and associated facilities traverse the Shannon
Fault. This study shall also determine whether the proposed pool, septic systems, or drainage are
located near any areas of instability (e.g., landslides) and make appropriate design recommendations.
24. * * * HYDROLOGY & WATER QUALITY. A drainage plan shall be prepared which
indicates the proposed energy dissipater in relation to downslope properties. The plan shall
demonstrate that the proposed .drainage system and project-generated runoff contributions wil'1 not
adversely affect any downslope properties.
25. TRAFFIC IMPACT MITIGATION FEE (RESIDENTIAL). The developer shall pay a
proportional the project's share of transportation improvements needed to serve cumulative
development within the Town of Los Gatos.. The fee amount will be based upon the Town Council
resolution in effect at the time the request of Certificate of Occupancy is made. The fee shall be paid
before issuance of the Certificate of Occupancy. The traffic impact mitigation fee for this project
using the current fee schedule is $5,730. The final fee shall be calculated form the final :plans using
the rate schedule in effect at the time of the request for a Certificate of Occupancy.
26. * * * TRAFFIC-1: The applicants shall provide turnouts to the satisfaction of the Town
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15491 Francis Dales Way
September 4, 2001
.Engineer on the section of Francis Oaks Way between 15360 and 15401 Francis Oalcs Way. The
Town Engineer shall pursue the option of widening this entire stretch of .roadway should the
neighbors and applicant agree to provide the funding necessary to do so. This option will be pursued
until the date that the building permit for this project has been issued. At that time, if the decision
to widen the road has not been agreed upon, the applicant shall install turnouts to the satisfaction of
the Town Engineer, and shall .not be responsible for any further roadway improvements.
27. * * * TRAFFIC-2. Prior to issuance of the building permit, the Town will complete apre-
construction survey of Francis Oaks Way to document road conditions. Prior to issuance of any
certificate of occupancy, the Town will conductapost-construction survey to determine whether any
road damage occurred as aresult of project construction. The project applicants will be responsible
for completing .any required road repairs prior to .receipt of their certificate of occupancy.
28. * * * TRAFFIC-3 . The proj ect sponsor will be required to work with the .Engineering
Division of the Parks and Public Works Department to develop atraffic control plan (e.g., requiring
flagpersons along .one-lane sections of Francis Oaks Way for equipment/material deliveries,
specifying .delivery hours, and notifying .neighbors in advance) to minimize the potential for traffic
safety problems and delays to local .residents.
29. 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
uriless a special permit is issued. The developer's representative in charge shall be at the job site
during all worl~mg 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.
30. PUBLIC WORKS INSPECTIONS. The developer or his representative shall notify
the Engineering Inspector at least twenty-four (24) hours before starting an worlcpertaining to on-site
drainage facilities, grading or paving, and all work in the Town's right-of-way. Failure to do so will
result in rejection of work that went on without inspection.
31. GRADING MORATORIUM. No grading or earth-disturbing activities shall be
initiated in hillside areas between October 1 and April 15 of each year. For grading operations
commenced before October 1, all grading or earth-disturbing activities. shall cease October 15 .and
will notbe allowed to restart until April 15. Grading permits will notbe issued between September
15 and.April 15. These limitations include, but are not limited to the following items: driveways,
building pads, foundation trenches and drilled piers, retaining walls, swimming pools, tennis courts,
outbuildings and utility trenches. Install interim erosion control measures as shown on the approved
interim erosion control plan by October 1 if final landscaping is not in place. Maintain the interim
erosion control measures throughout the October 1 to April 15 period.
32. GRADING INSPECTIONS. The soils engineer or her/his qualified representative
shall continuously inspect al°1 grading operations. The soils engineer shall submit a final grading
report before occupancy/Certificate of Completion.
33. SURVEYING CONTROLS. Horizontal and vertical controls shall be set and certified
by a licensed surveyor or registered civil engineer qualified to practice land surveying, for the
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15491 Francis Oalcs Way
September 4, 2001
following. items:
a. Retaining wall--top of wall elevations and locations
b. Toe and top of cut and fill slopes
34. EROSION CONTROL. Interim and final erosion control plans shall be prepared and
submitted to the .Engineering Development Section of the Parlcs and Public Worlcs Department.
Grading activities shall be limitedto the period of least rainfall (Apri115 to October 1). A maximum
of two weeks is allowed between clearing of an area and stabilizing/building on an area if grading
is allowed to go on during the rainy season. In addition, straw bales and plastic sheeting shall be
stored on-site for emergency control, if needed. Install filter berms, check dams, retention basins,
silt fences and straw bale dikes as needed on the project site, to protect down stream water quality
during winter months.
3`5. UTILITIES.. The developer shall install all utility services, including telephone, electric
power and all other communications lines underground, as required by Town Code §27.50.015(b).
Cable television capability shall be provided to the home.
3b. RESTORATION OF PUBLIC.IMPROVEMENTS. The developer/property owner 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 improvements 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 awalk-through with the Engineering Construction Inspector before the start
of construction to verify existing conditions.
(Parlcs Division)
37. IRRIGATION: All newly planted landscaping shall be irrigated by an in-ground irrigation
system. Special care shall be taken to avoid irrigation which will endanger existing native trees and
vegetation.
38. TREE STAKING: Newly planted trees shall be double-staked to Town standards prior to
final occupancy.
39. * * * BIOLOGICAL RESOURCES : A certified arborist shall evaluate proposed home designs
for direct and indirect effects of proposed foundation and home construction as well as potential
changes in drainage. The .design of foundations and drainage facilities shall modified as necessary
in accordance with the arborist's recommendations. In addition, the arborist shall provide detailed
measures to protect trees during construction of proposed homes and associated facilities. The
arborist shall specifically address drainage from roofs, which could change drainage conditions at
oalc root zones .located immediately adjacent to homes.
40. GENERAL: All existing trees to remain and all newly planted trees and shrubs shown on
the plan are specific subjects of approval of this plan .and must remain on site.
41. TREE PROTECTION.. Tree protection fencing shall be placed at the dripline of existing
trees to be saved in the :area of construction prior to the issuance of any permits. Fencing shall be
four-foot high chainlinlc attached to steel poles driven two .feet into the ground when at the dripline
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15491 Francis Oalcs Way
September 4, 2001
of the tree. These directions will be reviewed by the Parks and Forestry Department and an
assessment will be made to determine what will be required for this project. If the fence has to be
within eight feet of the trunk of the tree a fence base may be used, as in a typical chain link fence that
is rented.
TO THE SATISFACTION OF THE SANTA CLARA COUNTY FIRE PROTECTION DISTRICT:
42. .REQUIRED FIRE FLOW: Required fire flow .for this project is 2,500 GPM at 20 psi
residual pressure. The required fire flow is not available from area water mains .and fire hydrants(s)
which are spaced at the required spacing. Provide the required fire flow from fire hydrants spaced
at a maximum of 500 feet or provide an approved fire sprinl~ler system designed per National Fire
Protection Association (NFPA) Standard #13D and local ordinances throughout all portions ofthe
building.. The fire sprinkler system valuing shall be installed per Fire Department Standard Detail
& Specifications SP-4.
43. MAINS/HYDRANTS.: Installation of private fire service mains andfor fire hydrants shall
conform to National Fire Protection Association (NFPA) .Standard #24, and Fire Department
Standard Details and Specifications W-2. A Separate installation permit from this department is
required.
44. WATER SUPPLY: Provide a water tank of 10,000 Gallon capacity and one wharf style fire
hydrant. Installations shall conform with Fire Department Standard Details and Specifications W- l .
Note: As submittal indicates that tanks will be recessed into the existing grade, the applicant
shall ensure that positive pressure to the hydrant is maintained at all times regardless of
liquid level.
45. INSTALLATION INSPECTIONS: Required Fire Service and Fire Hydrant installations
shall be installed tested and accepted by the Fire Department, prior to the start of framing. Bulls
construction materials shall not be delivered to the site until installations are completed as stated
above. Building permit issuance may be withheld until installations are completed, tested, and
accepted.
4b. FIRE ACCESS: Portions of the structure are further than 150 feet of travel distance from
the centerline of the roadway containing public fire hydrants. Provide an on-site fire hydrant or
provide an approved fire sprinler system throughout all portions of the building.
47. FIRE HYDRANT LOCATOR: Prior to proj ect final inspection, the general contractor shall
ensure that a "Blue" dot has been placed in the roadway, as directed by the :fire department.
48. PREMISES IDENTIFICATION: Approved numbers or addresses shall be placed on all new
and existing buildings in such a position as to be plainly visible and legible from the street. or road
fronting the property. Numbers shall contrast with their background and be a minimum of four
inches ~in height.
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