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
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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)
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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
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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
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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
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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
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