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2002-164-Granting Appeal Of The Planning Commission Approving Construction Of An Underground Concrete Reservoir On 15310 Kennedy RoadRESOLUTION 2002 -164 RESOLUTION GRANTING AN APPEAL OF A DECISION OF THE PLANNING COMMISSION APPROVING CONSTRUCTION OF AN UNDERGROUND CONCRETE RESERVOIR ON PROPERTY ZONED HR-2 %z. ARCHITECTURE AND SITE APPLICATION: 5-01-57 NEGATIVE DECLARATION: ND-O1-0015 PROPERTY LOCATION: 15310 KENNEDY ROAD PROPERTY OWNER: GREEN EYES, LLC APPLICANT: POWER ENGINEERING CONTRACTORS, INC. APPELLANT: ANDREW FABER, ESQ. WHEREAS: A. This matter came before the Town Council for public hearing on October 7, 2002 on an appeal by Andrew Faber, Esq. (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 interestedpersonstyho 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 October 2, 2002, and the addendum dated October 1, 2002., along with subsequent reports and materials prepared concerning this application. C. The applicant is requesting approval of a 1.5 million gallon water tank located at the top of the hill above the main residence, on the ridge line between the two properties. The water tank, along with the cistern tank on the property, is proposed to be used for irrigation and fire suppression on the site. ID. The Planning Commission heard the application on March 4, 2002 and then continued the item to enable the applicant to address specific concerns of the Commission. On July 24, 2002, the Planning Commission again considered the application and conditionally approved it in a form 2002 other than as proposed by the applicant. E. The stated grounds for the appeal are that the Commission erred or abused its discretion and that the Planning Commission did not have discretion to modify or address a policy or issue that is vested in the Town Council. F. Council finds that: 1. That theapplication should be approved consistentwith the last configuration of the proj ect as proposed by the applicant at the July 24, 2002 meeting of the Planning Commission, and with the conditions recommended'by staff for the July 24th meeting, modified to .also require a .deed restriction providing that water service from the approved tanks shall be limited to current dwellings and site conditions existing at the time of this approval, .and the installation of a wharf hydrant. 2. Pursuant to Town Code § 29.20.3 00, that this is 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 placement and configuration of substantial water tanks in 'hillside .areas. RESOLVED: 1. The appeal of the decision of the Planning Commission on Architecture and Site Application 5-01-57 is granted, and the decision of the Planning Commission is modified pursuant to this resolution. 2. Revised Conditions of approval, attached hereto as Exhibit A, are :applied to this Application.. 3. This 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 2 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 14t'' day of October, 2D02 by the following vote. COUNCIL MEMBERS: AYES: Steven Blanton, Sandy Decker, Steve Glickman, Joe Pirzynski, Mayor Randy Attaway. NAYS: None ABSENT: None ABSTAIN: None ~/~~ SIGNED: ~_..i'( MAYOR O' HE TOWN F LOS GATOS LOS GATOS, CALIFOR IA ATTEST G~-~~ ~~ ('~ CLERK OF THE TOWN OF LOS~~ATOS LOS GATOS, CALIk ~RNIA 3 PLANNING COMMISSION MEETING RECOMMENDED CONDITIONS OF APPROVAL 15310 Kennedy Road Architecture :and Site Application S-O1-57 Negative Declaration ND-01 15 Requesting approval to construct a 1,OD0,000 gallon and a 500,000 gallon underground concrete reservoir on property zoned HR-2 '/z. No significant environmental impacts have been identified as a result of this project and a Negative Declaration is recommended. PROPERTY OWNER: Green Eyes LLC APPLICANT; Power Engineering Contractors, Inc. 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 and noted as Exhibit U in the report to the Planning Commission. Any changes or modifications made to the approved plans shall be approved by the Directorof CommuntyDevelopment (minor changes) or the Planning :Commission, depending on the scope of the changes. 2. EXPIRATION OF APPROVAL: This Architecture and Site application will expire two years from the date of approval unless it is used before expiration. Section 29.20.33.5 defines what constitutes the use of an approval granted under the Zoning Ordinance. 3. TRENCH LINE: Prior to trenching for any new pipeline, Staff .shall walk the proposed trench lines to ensure that there will not be any mpactto existngtrees. Staff will determine appropriate areas for hand trenching. 4. TANK: A 1,500,000 gallon tank is allowed on the knoll but shall be completely buried below grade. 5. TANK IMPROVEMENTS: The existing 11:0,000 gallontank (cistern) may be improved or replaced up to a capacity of 200,000 gallons. Multiple replacement tanks .and locations are allowed at the satisfaction of the Director of Community Development. If multiple tanks are used, they shall not exceed a combined capacity of 200,000 gallons. It should be noted that this is in addition to the 1,500,000 gallon tank allowed on the knoll. 6. DEED RESTRICTION: 'The property owner shall enter into a deed restriction, prepared by the Town and recorded at the applicant's expense, which prohibits the use of water from the approved tanks other than for the current dwellings and site conditions as existing at the time of this approval. The deed restriction shall be recorded prior to the issuance of a building permit. 7. REPAIR OF 'SITE BELOW: The existing water retention pond at the site shall be removed and repaired during the construction phase per the approved Development Plans .(Exhibit U) from the Staff Report for the Planning Comrssion meeting of July 24, 2:002. 8. WHARF HYDRANT: A wharf hydrant shall be installed per the approved Development Plans (Exhibit U) from the Staff Report for the Planning Commission meeting of July 24, 2002. 9. NO OFF HAUL OF MATERIALS: All cut shall be filled on site and there shall be no off- haul of materials. 10. PIPE LINE: Installation of a new 4 inch pipeline for the new tank is approved. (Building Division) Page 1 of 6 11. PERMITS REQUIRED: A building permit application shall be required for the proposed pump house structure. 12. CONDITIONS OF APPROVAL: The Conditions of Approval shall be "blue -lined" in full on the cover sheet of the construction plans submitted for a building permit. 13. SIZE OF PLANS.: The minimum size of construction plans submitted for building permits shall be 24" x 3 6". 14. PLANS: The construction plans for this proj ect hall be prepared under the direct supervision of a licensed architect or engineer. (Business and Professionals Code Section 5538) 15. 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. 16. 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 regaining 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•fioor elevation c. Foundation corner locations 17. 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 forapproval prior to issuance of the building permits, in accordance with UBC .Section 106.3.5. Please obtain Town Special Inspection form from the Building Division `Service Counter. The Town Special Inspection schedule shall beblue-lined on the construction plans. 18. APPROVALS REQUIRED: The project requires the following agencies approval before issuing a building permit: a. Santa Clara County Fire Department: {408) 378-4010 19. NON-POINT SOURCE POLLUTION STANDARDS: The Town standard Santa Clara Valley Non-Point Source Pollution Control Program specification shall be part of the 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) 20. GEOTECHNICAL PEER REVIEW. The Town Geotechnical Consultant has reviewedths revised proposal and have no geotechnical objections to the proposed watertank or fill prism construction with the following conditions: Prior to issuance of any permits for project, condition A shall be complied with and condition B shall be a condition of the building permit. 1. Supplemental Evaluations and Geotechnical Plan Review. - The applicants geotechnical consultant should .address the apparent merits of including a continuous axial subdrain beneath fill materials to be placed in the lower swale. The consultant should verify that the final tank shell design is sufficient to resist both the outward force of water and inward force of surrounding earth materials. 'The consultant shall review and approve all geotechnical aspects of the development plans (i.e., site preparation and grading, site Page 2 of 6 drainage improvements and design parameters for the foundation, tank shells and any retaining walls) to ensure that their recommendations have been properly incorporated. The results of the plan review and supplemental evaluations should be summarized by the Project Geotechnical Consultant in a letter and submitted for review by the Town Engineer prior to issuance of grading permit. 2. Geotechnical Field Inspection -The geotechnical consultant shall inspect, test {as needed), and approve all geotechnical aspects of the project construction. The inspections should include, but not necessarily be limited to: site preparation and grading, site surface and subsurface drainage improvements, and excavations for foundations, tank shells and retaining walls prior to the placement ofsteel and concrete. The consultant shall verify that new fill materials are properly compacted, keyed and benched into competent bedrock materials, The results of these inspections and the as-built conditions of the project shall be described by the geotechnical consultant in a letter and submitted to the'Town Engineer for review prior to final (as-built) project approval. 23. GRADING PERMIT. A grading permit is required for site grading, drainage and erosion control. A separate application for a grading permit {with grading plans) shall be made to the Engineering Division of the Parks & Public Works Department. The grading plans shall include final ,grading, drainage, retaining wall location, driveway, utilities and interim erosion control. 24. GRADING RESTRICTIONS.: Grading shall be conducted such that it follows the natural contours :and topography of the site to the satisfaction of the Town Engineer. 25. SDILS 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, pavement design, retaining wall design and erosion control, Thereports shall be signed and "wet stamped" by the engineer or geologist, in conformance with Section 6735 of the California Business and Professions Code. 26. JOINT AQUATIC RESOURCES PERMIT APPLICATION. Application forms are available form the Engineering Division of the Parks & Public Works Department or from the Association of Bay Area Government website: www.abag.ca.gov. Approval from the regulatory agencies shall be obtained before .any Town of Los Gatos Building, Grading and7or Encroachment Permit is issued. It is unlawful for any person to begin any activity governed by the regulatory agencies before receiving formal approval. 27. 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 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. 28. PUBLIC WORKS INSPECTIONS.. The developer or his representative shall notify the Engineering Inspector at least forty-eight (48) hours before starting .any work pertaining to drainage, grading or paving work. Failure to do so will result in rejection ofwork that went on without Town inspection. The Town's Engineering Inspector shall inspect grading operations throughout the project. The cost of Town's inspection services shall be paid by the applicant.. 29. 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 Page 3 of 6 following items: a. Retaining wall--top of wall elevations and locations b. Toe and top of cut and fill slopes 30. EROSION CONTROL. Interim and final erosion control plans shall be prepared and submitted to the Engineering Division of the Parks & Public Works Department. A Notice of Intent (NOI) and Storm Water Pollution Prevention Plan (SWPPP) shall be submitted to the San Francisco Bay Regional Water Quality Control Board. In addition, straw bales and plastic sheeting.shall bestored 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. 31. 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 publicright-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. 32. 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). 33. 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 equalto or betterthanthe 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 awalk-through with the Engineering Construction Inspector before the start of construction to verify existing .conditions. 34. *GEOTECHNICAL REPORT: A geotechnical investigation shall be conducted for the proposed lower tank site to determine the surface and subsurface soil conditions at the site. The geotechnical study shall determine the potential for fault rapture at the site and provide recommendations for site grading as well as the design of foundations, retaining walls, excavation, drainage, on site utility trenching and pavement sections. The project shall incorporate all recommendations of the investigation in order to minimize the potential impacts resulting from regional seismic activity and subsurface soil conditions of the site. 35. *STORM WATER: The ;project design shall incorporate recommendations from the geotechnical analysis (required in Mitigation Measure #8) for the collection and conveyance of storm water through gutters, down spouts, and closed pipes for discharge on pavement or directly to the storm drainage system. The geotechnical study.also indicates that fill slopes higher that 20 feet would include a five foot horizontal bench and concrete "V" ditch surface drain to control flow velocities and direct collected flows to a closed storm drainage system. 36. '*PERMITS REQUIRED: The project applicant shall obtain all requited permits from all the responsible agencies for all work within the drainage area to be performed as part of the project, 37. EXPORT: Any remaining fill not used to repair reservoir shall be exported off-site 3.8. * STORM DRAINS: The proposed storm drain facilitiesshall comply with Best Management Practices of the Santa Clara Valley urban Runoff Pollution Prevention Program. (Parks and Forestry Division) 39. TREE REMOVAL: Only tree #'s 3 persimmon, #7 peach, # b magnolia may be removed; all others to be retained. 40. LANDSCAPING: Seasonal grasses or native vegetation will be planted immediately after Page 4 of 6 construction has been completed. 41. IMPERVIOUS SURFACE AERATION: All impervious surfaces encroaching under the dripline of existing trees shall have aeration tubes installed and these tube locations shall be shown on the building plans. 42. BUILDING FOUNDATIONS; All buildings under the dripline of existing trees shall have a foundation built from pier and grade beam to minimize impaction on existing trees. 43. GENERAL: All existing and newly planted trees to remain .and newly planted trees and shrubs shown on the building plan are specific subjects of approval of this plan, .and must remain on site. 44. IRRIGATION SYSTEM: All newly planted landscaping shall beirrgated by an in-ground irrigation system. Special care shall betaken to avoid irrigation whickwill endanger existing native trees and vegetation. 45. TROUBLE STAKING: All newly planted trees are required to be double staked to Town standards prior to final occupancy. 46. TREE PROTECTION FENCING: 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 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 base may be used, as in a typical rentable chain link fence. 47. *EXIS'I'ING TREES.: Trees to be retained will be protected with fencing that is placed as far from the trunks as possible. 48. *CONSTRUCTION VEHICLES: No construction vehicletraffic, foottraffic, paint solvent, or construction materials will be allowed in the root zone. 49. *TRENCHES: Utility trenches within driplnes will be :dug Eby hand. 50. *DRAINAGE: Drainage patterns will not be changed around existing trees to be retained; water will not be allowed to pond under tree canopies. 51. '*PRUNING: All pruning of existing trees will be performed by certified arborist and approved by the Town Parks .and Forestry Department prior to work. 52. *GRADES: Grades will not be changed around existing trees. 53. *VEGETATION: Disturbance or removal of vegetation shall not exceed the minimum necessary to complete operations. If required, planting of replacement willows shall comply with the provisions of the 1601-1603 permit issued by the Calif. Dept. of Fish and Game. TO THE SATISFACTION OF 'THE SANTA CLARA COUNTY FIRE DEPARTMENT.: 54. ON SITE FIRE SYSTEM: Installation of private fire service mains and or fire hydrants shall conform to the National Fire Protection Association Standard #24, and Fire Department Standard Details and Specifications W-2. A separate installation permit from the fire department is required. 55. FIRE HYDRANT LOCATOR: Prior to project 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. 56. PRIOR TO 'BUILDING PERMITS:: Prior to building permit application, the applicant shall provide a plan set which identifies the existing fire hydrant system located on the property and how the integrity of that system shall be maintained or changed by the installation of this new water system. All piping and ancillary water system .components shall be identified in the future submittals. 57. NFPA: The entire system shall comply with NFPA 24 Standards. * Required as mitigation measures from Mitigated Negative Declaration reports Page 5 of 6 N:\SHARE\Adopted Reso-Ords\KennedyRd.l02d.9.CON.wpd Page 6 of 6