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2008-122-Commissions Decisions Denying An Appeal Of The Development Review Committee's Approval Of A Request To Demolish A Single Family Residence And To Construct A New Residence On Property.RESOLUTION 2008-122 RESOLUTION DENYING APPEAL AND UPHOLDING'THE PLANNING COMMISSION'S DECISION DENYING AN APPEAL OF THE DEVELOPMENT REVIEW COMMITTEE'S APPROVAL OF A REQUEST TO DEMOLISH A SINGLE FAMILY RESIDENCE AND TO CONSTRUCT A NEW RESIDENCE ON PROPERTY ZONED R1:8 APN: 409-15-021 PROPERTY LOCATION: 14329 MULBERRY DRIVE PROPERTY OWNER: HALLMARK COMMUNITY SERVICES APPELLANT: DENNIS CHAMBERS WHEREAS: ~1. T11is matter came before the Town Council for public hearing on October 20, 2008, 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 October 9, 2008, along with any and all subsequent reports and materials prepared concerning this application. C. The appeal concerns a Planning Commission decision denying an appeal of the Development Review Committee's (DRC) decision approving the application to demolish a single family residence and to construct a new residence on property zoned R1:8. D. On June 17, 2008, the DRC considered and approved a request to demolish a single family residence and to construct a new residence on property zoned Rl :8. E. On August 27, 2008, the Planning Commission considered and denied the appeal of the DRC's decision. F. On Septeml.,~ 8, 2008, the appellant filed his appeal `~,~ the Planning Commission's decision, claiming that the Planning Commission erred or abused its discretion in that they did not adhere to the Residential Development Standards. Specifically, it is appellant's opinion that the Planning Commission did not consider the safety of the neighborhood (increased traffic in addition to ambulances and fire trucks), the various site development, planning and design sections of new residence (appellant questioned the size of the house) and privacy issues (height of fencing). G. The decision of the Planning Commission is correct. H. Council finds as follows: The findings of the Planning Commission made on August 27,2008 are adopted and incorporated herein. Specifically, no new evidence was brought forth to the Plam~ing Commission to deny the applicant's request to demolish the single family residence and to construct a new residence on property zoned R-1:8. RESOLVEll: The Planning Commission's decision approving a request to demolish a single family residence and to construct a new residence on property zoned R-1:8 is upheld and the appeal is denied. 2. The Conditions of Approval attached hereto as Exhibit A are adopted as the Conditions of Approval for the demolition of single family residence and construction of a new residence on property zoned R1;8. 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 held on the 3rd of November 2008, by the following vote: COUNCIL MEMBERS: AYES.: .Steve Glickman, Diane McNutt, Joe Pirzynski, Mike Wasserman, and Mayor Barbara Spector NAYS: ABSENT: ABSTAIN: ED: Gl Q~ MAYOR F THE TOWN OF LOS GATOS ~, LOS G TOS, CALIFORNIA ATTEST: ~~a ~ OF TFIE 1 OWN OF LOS GATOS I,OS GATOS, CALIFORNIA CONDITIONS OF APPROVAL Town Council meeting of October 20, 2008 11329 Mulberry Drive Architecture and Site Application 507-188 Requesting approval to demolish a single family residence and to construct a new residence on property zoned R.-1:8. APN 409-15021 PROPERTY OWNrR/APPLICANT: I'Iallmarl~ Community Services TO THE SATISFACTION OF TIIE DIRECTOR OF COMMUNITY DEVELOPMENT (Plamling Division) 1. APPROVAL. This application shall be completed in accordance with all of the conditions o:P approval listed below and in substantial compliance with the plans approved. Any changes or modifications made to the approved plans shall be approved by fhe Director of Cotntnul~ity Development, Development Review Cotntnittee or the Plantung Cotrunission, depending on the scope of the change(s). 7, EXPIRATION. Zoning approval will expire two years 'from the approval date pursuant to Section 29.20.320 of the Town Code, unless the approval has been vested. - 3. SALVAGE OF BUILDING MATERIALS: Prior to the issuance of a demolition pcrniit, the developer shall provide the Director of Community Development with written notice of the company that wvill be recycling the building materials. All wood, metal, glass, and alutniutttx~ materials generated from the demolished structure shall be deposited to a company which will recycle the materials. Receipts from tlae company(s) accepting these materials, noting the type and weight of materials, shall be submitted to tl~e Tor~vrt prior to the Town's demolition inspection. 4. TREE REMOVAL PERIv1I`l . A Tree Removal Permit shall be obtained prior to the issuance of a Building, Grading or Encroaelunent I'erntit. 5. ~ MITIGA"PION TREES, The tree to be removed. shall be mitigated and pursuant to Town Code and Atborist requirements, the mitigation shall be tltree 2~1 inch box trees or two 36 inch box trees. Tlaese tt'ees and their sizes shall be shown on the building permit plans, 6. ARBORIST REQUIREMENTS, The developer shall impleirtent, at their cast, all reconmendations made by the Town's Consulting Arborist identified in the Arbot•ist's .report, dated November 5, 2007, on file in the Connnunity Development Department. A Compliance Memorandum shall he prepared and stibmittecl with the builchng permit application detailing how the; reeo.rninendatiorts have or wil[ be addressed. These recommendations must be incorporated in the builclitig permit plans, and completed priot• to issuance of a building permit where applicable. 7, GENERAL. All existing trees shown to remain on the plan and newly planted trees are specific .subjects of approval of this plan and must remain on site, 8. NEW TRUES. The new trees to be planted shall be double-staked, using rubber tree ties and shall be planted prior to occupancy. 9. PROTECTIVE FENCING, Prior to any construction or building permits being issued, the applicant shall meet with the Parks Superintendent concerning the need for protective fencing around the existing tx•ees. Such fencing is to be installed prior to, and be maintained during, construction. The fencing shall be a four foot high chain lir~lc attached to steel poles driven two feet into the ground when at the driplitze of the tree. If the fence has to be within eight feet of the trtu~ic of the tree, a fence base maybe used, as in a typical chain lir~l< fence that is rented. 10. .PERIMETER FENCING, The fencing along the front, rear and side property lines niay be six feet in height with one foot of lattice for a height of seven feet, or a total height up to eight feet, if both the property owners who share this fence agree to this height increase. The southern property line fence adjacent to the existing garage at 14333 Mulberry Drive may be stepped down towards the driveway to increase vehicle sight distance, if both the property owners agree. The height of the fencing shall be resolved prior to the issuance of a building permit, A detail of the fencing shall be provided on the building permit plans. The fencing shall be installed prior to final occupancy. 11 • PARKING, The parking spaces and baclntp area noted on the approved plans shall be reversed so that the spaces are outside o'f the front setback, This shall be noted on the building permit plans and the spaces shall be dimensioned to meat Town Code. 12. LANDSCAPING. The developer shall work with Town staff to consider landscape screening along the southern property line prior to the issuance of a building permit. 13• ELEVATION CHANGES, The developer shall work with Town staff to incorporate additional architectural detailing along the right elevation prior to the issuance of a building permit, The developer shall also works with Town staff to ensue that the exterior materials are similar to traditional materials used elsewhere in Los Gatos pursuaaat to the coxnn~ents from Cannon Design Group in their letter elated liebruary 4, 2,00, l4. 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 Bold harmless the Town and its officials h~ any action brought by a third party to overturn, set aside, or void the permit or entitlement. Tlus requirement is a condition of approval of all such permits anti entitlements whether or not expressly set forth in the approval. (Btulclirrg Division) 1 S. PERMITS REQLJIR.]D; A building permit shall be regilired for the demolition of the existing single family residence and the construction of the new single family residence, .Separate pcrrnits are reclun•ed for site retaining walls, water tanks, swimming pools, electrical, mechanical, and p.lurnbing work as necessazy. 16• CODE: Projects will be required to conform to the 2007 California Building, Fire, Mechanical, Electrical, and Phunbing Codes. The CC's are based on model codes; 200.6 htternational Building Code and fire Code and 2006 Uniform Pl.tunbing and Mechanical Codes and the 2005 National Electrical Code. l7• CONDITIONS Olj APPROVAL: The Conditions of Approval must be blue-lined in fitll 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 will be addressed. 18, SIZE OF PLANS: For sets of construction plans, maximum size 24" x 3$•" 19• DEMOLITION REQUIREMENTS; Obtain a Building Department Detnolitiot~ Application and a Bay Area Air Quality Management Application fiatn the Building Department Service Counter. Once the demolition form has been completed, all signatures obtained, and written verification from PG&E that all utilities have been disconnected, return the completed from to the Building Department Service Counter witll the J# Certificate, PG&11 verification, and three (3) sets of site plans i:o include all existing structures, existing utility service lines such as water, sewer, and. PG&E. No demolition work shall be clone without fu•st obtaining a permit from the Town, 20. SOILS 1tEPORT; A soils report, ptepared to the satisfactiota 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 specialising in sails mechartics• ALTERNATE; Design the foundation for an allowable soils 1,000 psf design pressure. (Uniform Brii:lding Code Volume 2 -Section 180.5) 21. FO~JNDATION INSPECTIONS: A pad certificate prepared by a licensed civil engineer or land surveyor shall be submitted to the project building inspector at foutxlatiota inspection. This certificate shall certify compliance with the recomrnenciations as specified in the soils report; and, the building pact 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 22. RESIDENTIAL TOWN ACCESSIBILITY STANDARDS; The residence shall be designed with adaptability features for single family residences per Town Resolution 1994-61; a. Wooded baclting (2" x 8" minimum) shall be provided in all bathroom walls, at water closets, showers, and bathtubs located 34-inches from tl~e :Floor to the center of the baclcirtg, suitable for the installation of grab bars, b• All passage doors shall be at least 32-inches wide on the accessible floor. c. -Primary entrance shall a 36-inch wide door including a 5'x5' level landing, no more than 1-inch out of plane with the .immediate interior floor level with an 18~inch cleat•ance, d. Door bttzzer, bell or chime shall be hard wired at primary entrance. 23. TITLE 24 ENERGY COMPLIANCE: California Title 24 Energy Compliance forms CF-1R, MF-1R, and WS-SR mustbe blue-lined an the plans. 24. 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 an drainage piping serving fixtures that have flood level rims less than 12-inches above the elevation of the next upstream mai~llole. 25, TOWN FIREPLACE STANDARDS: New wood burning fireplaces shall be an EPA Phase II approved appliance as per Tawn Ordinance 1905. Tree limbs shall be cut witlin 10-feet of chimneys. 26. 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 pef•mit. The Town Special Inspection form must be completely filled-out, signed by all requested parties, anti be blue-lined an the constil~ction plans. Special Inspection forms are available from the Building Division Service Counter or online at www.los atasca.gov/building 27. NONPOINT SOURCE POLLUTION STANDARDS SHEET; Tlae Town standard Santa Clara County Valley Nonpoint Source Pollution Control Program Sheet (or Clean Bay Sheet 24x36) shall be part of the plan submittal as the second page. 'T'lie specification sheet is available at the Building Division Service Counter for a fee of $2 ar at San Jose Blue Print for a Tee. ?.,8. PLANS: The construction plans shall be lxepared under the direct supervision of a licensed arcllikect or engineer, {Business arld Professionals Code Section 5538) 29. APPROVALS REQUIRED; The project requires the following departments and agencies approval before issuing a building permit: a. Conmlunity Development-Planning Division: Sanely Bally at 354-6873 b. Engineering/Parks 8c Public Wor1CS Department; Fletcher Parsons at 395- 3460 c, Santa Clara County Fire Department; (408) 378-4010 d. West Valley Sanitation District; (40.8) 378-2407 e. Local School District; The Town will forward the paperwork to the appropriate school district(s) far processing. A cagy of the paid receipt is required prior to permit issuance. £ Bay Area Air Quality Management .District: (41 S) 771-6000. TO T.HE SATISFACTION OF THE DIRECTOR OF PARKS AND PUBLIC WORI~.S; (Engineering Division) 30. CONSTRUCTION MANAGEMENT PLAN. The Applicant shall submit a construction management plan that shall incorporate, at a minimum, project schedule, site security fenciu~g, employee parking, construction staging area, construction trailer, ar~d proposed outhouse location. 31, PRE-CONSTRUCTION MEETING. The contractor shall hold apre-corlstr•uetion rtleeting with the Mulberry Drive neighborhood to exchange contact inforrnatiat} acid discuss project issues such as work hours, parking, schedule, etc, 32. SIDEWALK. IN-LIEU FEE. A curb and sidewalk in~lieu fee of $810 shall be paid prior to issuance of a certificate of occupancy, This fee is based on 54-square feet of 4.5-foot wide sidewalk at $1S/SF in accordance with Town policy. 33, FIRE LANE. Fire lane signage shall be provided on the driveway in accordance wit11 Santa Clara County Fire Department standards, 34, DRIVEWAY, The driveway must provide a minimum paved width of 12-feet if serving one residential Lunt, and 18-feet if serving two, The driveway shall be fiilly contained within property or evidence of easements shall be provided if the driveway is located or} an adjacent property, 35, DRAINAGE. Stormwater cleterition shall be provided to liraiit post development flow to neighboring properties to predeveloprnent 1lowrates anci flow volLUnes, including subsurface flow, Detained water shall be pumped to the street and not allowed to percolate into the soil, Site grading shall be designed to maintain existing drairaa.ge patterns. Stormwater detention calculations shall be approved prior to issLi•trrce of a building permit, 3C. EASEMENTS. A current title report (within the past 3 months) shall be .submitted with the building permit application, All plota.ble exceptions to title shall be shown on the plans. 3 7. GENERAL, All public irnprovernents 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- oi=way shall be kept clear of all job related dirt and debris at t11e end of the clay. 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, FailLUe to maintain the public right-of-way according to this condition may resttlt in the Town performing the required maintenance at tl~e developer's expense. 38, ENCROACITMENT PERMIrI'. All work in the public right-of way will require a Construction l:ncroaehrnertt Permit. All work over $5,000 will require construction security. 39. PUBLIC WORKS INSPECTIONS, The developer or his representative shall notify the Engineering Inspector at least twenty-.four (24) hoLUS before starting ariy work pertaining to on-site drainage facilities, grading or paving, and all work in the Towr1's right-of=way, T'ailure to do so will result in rejection of work that went on without inspection. 40. CONSTRUCTION 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 (~ 15.40.07}, ill. SITE DRAINAGE. Rainwater leaders shall be clisellarged to splash blocks. No 1111'(}Ltgl7 CUl'b drains will he .allowed. 42. NONPOINT SOURCE POLLUTION PREVENTION. On-site drainage systems shall include a filtration device such as a bio-swale or permeable pavement. 43. 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 public right- 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. 44, UTILITIES. The developer shall install all utility services, including telephone, electric power and all other con~anunications lines ttnclerground, as required by Town Code §27.50.015(b). All new utility services shall be placed undergroutad. Underground conduit shall be provided for cable television service. 4,5. 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: stubs, 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. T`xisting improvement to be r•epaircd or replaced shall be at the direction of the Engineering Construction Inspector, and s11a11 comply with all Titlc 24 Disabled Access provisions. Developer shall request a walls-through with the Engineering Construction Inspector before the start of construction to verify existing conditions, X16. CIJRT3 AND GUTTER. The developer shall repair and replace to existing Town standards any curb and gutter damaged now ox during construction of this project. New curb anti gutter shall be constructed per Town Standard Details, The limits of curb and gutter repair will be detein~ined by the Engineering Construction Inspector during the construction phase of the project, 4I. DRIVEWAY APPROACH The developer shall install one (1) Town standard residential driveway approach. The new driveway approach shall be constructed per Tawn Standard Details. 48. AS-I~UILT PLANS. Allier completion of the construction of all work, the original plans shall have all changes (change orders and field changes) clearly marked. The "as-built" plans shall again be signed and "wet-stat~aped" by the civil engineer who prepared the plans, attesting to the changes. The original "as-built" plans shall be review and approved the Engineering Inspector, A Mylar and AutoCAD disk of tl-te approved "as-built" plans shall be provided to the Town before the Faithful Perfortnatlce Sectu•ity or Occupancy Permit is released. The AutoCAD file shall include only the fallowing inCot•mation and shall conform to the layer naming convention; a) Building Outline, Layer: BLDG-OUTLINE; b) Driveway, Layer: DRIVEWAY; c) Retaining Wall, Layer: RETAINING WALL; cl) Swimming Pool, Layer: SWIMMING-POOL; e) Tennis Court, Layer: TENNIS-COURT; f) Property Line, Layer: PROPERTY-LINE; g) Contours, Layer: NEWCONTOUR. All as-built digital files must be on the same coordinate basis as the Town's survey control network and shall be submitted in AutoCAD version 2000 or higher. 49, 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. S0, SANITARY SEWER BACKWATER VALVE. Drainage piping serving fixttues which have flood level runs less than twelve {12) inches (304.8 mna) above the elevation of the next upstream manhole and/or flushing inlet cover at the public ar private sewer system serving such drainage piping shall be protected fram backflow of sewage by installing an approved type backwater valve, Fixtures above such elevation shall not discharge through tlie. backwater valve, unless first approved by the AdministY•ative (Sec. 6.50,025), The Tawn shall not inctu• 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(e) of the Uniform Pltunbing Code adapted by section 6.50,010 of the Town Code and maintain such device ire a functional operating condition. Evidence of West Valley Sanitationz District's decision on whether a backwater device is needed shall be provided prior to issuance of a building permit. S.l. CONSTItI.JCTTON NOISE, Between the Hours of 8:00 a.m. to 8:00 p,m., week.clays anal. 9;00 can. to 7:00 p.m, weekends told holidays, construction, alteration or repair activities shall be allowed. No individual piece oi' equipment shall produce a noise level exceedirag eighty-five (85) dBA at twenty-five (2S) feet. If the device is located within a structure on the property, the measurement shall be made at distances as close to twenty-frve (2S) feet from the device as passible, The noise level at any point outside of the property plane shall net exceed eiglity~five (8S) dBA, TO THE SAri'ISFAC'T'ION OI: TIIE SANTA CLARA COUNTY FIRE DEPARTMENT S2. I•IRE APPARATTJ,S ACCESS DRIVEWAY, The applicant shall provide an access driveway with a paved all weather stuface, a minimtun unobstructed width of• l2 feet, vertical cletu'ance of 13 feat six inches to the point approximately 120 feet inward from the public street. Tnsiallations shall conform to Fire T)epartrrrent Standard Details and Specifications sheet D-1. •53. PREMISE IDENTIFICATION. Approval ntunbers or addresses shall be placed an all new buildings in such a position to be plainly visible and legible from the street or road fronting the property, Nturzbers shall contrast with tlt~ir background. N;\D1;VICONDITI~S120081~nulberry 1432),doc