2006-032-Deny An Appeal Of A Planning Commission Decision Approving A Minor Planned Development Amendment To Add One Additional Lot At 15350 Winchester BlvdRESOLUTION 2006 - 032
RESOLUTION DENYING AN APPEAL OF A DECISION OF THE PLANNING
COMMISSION APPROVING A MINOR PLANNED DEVELOPMENT AMENDMENT
TO ADD ONE ADDITIONAL LOT AS PERMITTED BY THE APPROVED PLANNED
DEVELOPMENT, APPROVAL OF THE SUBDIVISION FOR THE ADDITIONAL LOT,
APPROVAL TO CONSTRUCT A SINGLE FAMILY RESIDENCE ON THE NEW LOT
AND APPROVAL TO INSTALL A TEMPORARY SALES TRAILER/MODEL HOME
OFFICE FOR PROPERTY ZONED RM:S-12:PD
APNS 424-29-024 THROUGH 026
PROPERTY LOCATION: 15350 WINCHESTER BOULEVARD
PLANNED DEVELOPMENT APPLICATION PD-06-2
SUBDIVISION APPLICATION M-06-2
ARCHITECTURE & SITE APPLICATION: 5-06-12
PROPERTY OWNER/APPLICANT: SANTA CLARA DEVELOPMENT CO.
APPELLANT: STEPHANIE CARROLL
WHEREAS:
A. This matter came before Council for public hearing on Apri13, 2006 on an appeal
by.Stephanie Carroll (appellant) from a decision of the Planning Commission as 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 March 20, 2006, along with
subsequent reports and materials prepared concerning this application.
C. The applicant, Santa Clara Development Co., seeks to amend the approved PD to
add one additional lot and residential unit for a total of 29 market rate single family residences
and five BMP units on 5.91 acres. The request is consistent with the approved PD. The
applicant seeks approval of plans to construct a 2,248 square foot two story single family
residence with a 445 square foot attached .garage. The applicant also seeks approval of a sales
trailer with guest parking in the existing parking easement area, and to allow two of the approved
units to be used as model homes (Lots 30 and 31).
D. The Planning Commission considered this matter on January 25, 2006 and approved
the application with conditions.
E. The appellant contends that the Commission erred or abused its discretion and that
the decision was not based on evidence in the record or the recommendations of Town staff.
F. The Planning Commission decision was correct. The findings of the Commission
are, by this reference, incorporated herein.
RESOLVED:
1. The appeal of the decision of the Planning Commission on Planned Development
Application PD-06-2, Subdivision Application M-06-2, Architecture and Site Application 5-06-
012 is denied.
2. The decision constitutes a final administrative decision pursuant to Code of Civil
Procedure section 1094.6 as adopted by section 1.103085 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 of the Town of
Los Gatos, California, on the 17'' day of April, 2006, by the following vote.
COUNCIL MEMBERS:
AYES: Steve Glickman, Joe Pirzynski, Barbara Spector, Mike Wasserman
Mayor Diane McNutt.
NAYS: None
ABSENT: None
ABSTAIN: None
SIGNED: I ~~(~ lVl ~~
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST.:
G~~m~,~~
CLE AD - S BATOR
TOWN OF LOS GATOS, CALIFORNIA
ORDINANCE 2141 AMENDMENT
ORDINANCE OF THE TOWN OF LOS GATOS AMENDING ORDINANCE
N0.2141 RELATING TO A REVISION TO THE SITE PLAN 'I'O ACCOMMODATE
AN ADDITIONAL UNIT AS PERMITTED BY ORDINANCE 2141, AND A SALES
TRAILER/MODEL HOME OFFICE AT 15350 WINCHESTER BLVD.
THE DEVELOPMENT REVIEW COMMITTEE OF THE TOWN OF LOS GATOS
DOES ORDAIN AS FOLLOWS.:
SECTION I
The site plan and authorization of uses are hereby amended to reflect an additional unit as
permitted by Performance Standard #21 of Planned Development Ordinance 2141 and a sales
trailer/model home office.
SECTION II
The PD (Planned Development Overlay) zone established by this Ordinance authorizes the
following construction and use of improvements:
1. Demolition of the existing one story duplex, detached garage and shed.
2. Demolition of the Villa Felice restaurant including administrative offices and support
services and the motel.
3. Construction of 29 market rate single family residences and five Below Market Price units.
4. Landscaping, streets, parking, open space and other site improvements shown and required
on the Official Development Plan.
5. A sales trailer and/or model home offices.
6. All other residential uses and improvements listed in Ordinance No. 1396 for the existing
Villa Felice Townhouse development are still valid.
Attachment 3
7. Ordinance No 2141 is still valid in conjunction with the amendments made by this ordinance.
8. Uses permitted are those specified in the underlying RM (Multiple Family Residential) zone
by Sections 29.40.610 (Permitted Uses) and 29.20.185 (Conditional Uses) of the Zoning
Ordinance, as those sections exist at the time of the adoption of this Ordinance, or as they
maybe amended in the future, subject to any restrictions or other requirements specified
elsewhere in this ordinance including, but not limited to, the Official Development Plan.
However, no use listed in Section 29.20.185 is allowed unless specifically authorized by this
Ordinance, or by Conditional Use Permit.
SECTION III
The attached Exhibit A (Development Plans), are part of the Official Development Plan of
Ordinance 2141.
SECTION IV
This Amendment was approved at a regular meeting of the Planning Commission of the
Town of Los Gatos on January 25, 2006.
N:\DEV\ORD S\villafelice. amend. l .wpd
SI~I~I'~II~It~I~
15350 Winchester Boulevard
Planned Development Application PD-06-2
Subdivision Application 1VVi-06-2
,A.rchitectnre and Site Applications 5-06-12
Requesting approval of a minor Planned. Development amendment to add one additional lot
as permitted by the approved Planned Development, approval of the subdivision fo~° the
additional lot, approval to construct a single family residence on the new lot and approval to
install a temporary sales trailer/model home office for property zoned RM:S-12:PD. AP1~1S
42429-024 th~•ougl- 026
P1tDPERTY 4WI®1ER/A~PPI~I~AI~TT: Santa Mara Development Co.
TO THE SA'1'ISFACTION OF THE DIRECTOR OF PARI~.S .AND PUBLIC WORKS:
(Engineering Division)
1. PARCEL MAP. A parcel map shall be recorded, Two copies of the parcel map shall be
submitted to the Engineering Division of the Parks & Public Works Department for review
and approval. Submittal shall include closure calculations, title reports and appropriate fee.
The map .shall be recorded before permits for the 34`" residential unit are issued.
N:\DE~I\CONDITNS\2fl05\villafelice.tin.an~.end.wpds
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~~:~acl~muent 4
CONDITIONS OF APPROVAL
ARCHITECTURE AND SITE
15350 Winchester Boulevard
Planned Development Application PD-06-2
Subdivision Application M-06-2
Architecture and Site Applications 5-06-12
Requesting approval of a minor Planned Development amendment to add one additional lot
as permitted by the approved Planned Development, approval of the subdivision for the
additional lot, approval to construct a single family residence on the new lot and approval to
install a temporary sales trailer/model home office for property zoned RM:S-12:PD. APNS
424-29-024 through 026
PROPERTY OWNER/APPLICANT: Santa Clara Development Co.
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. Any
changes or modifications made to the approved plans shall be approved by the Director of
Community Development, Development Review Committee or the Planning Commission,
depending on the scope of the change(s).
2. 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. HOUSE SIZE. No additional square footage shall be permitted.
4. EXTERIOR COLORS. The exterior colors shall match the colors approved during the
Planned Development process. Any deviation from these colors shall be approved by the
Director of Community Development. The CC&R's shall include this requirement as
outlined in a condition by the Engineering Division.
5. COMPLIANCE MEMORANDUM. The applicant shall prepare and submit a memorandum
with the building permit, detailing how each of these Conditions of Approval have or will
be addressed.
6. SALES TRAILER. The trailer shall be removed from the site upon completion of the model
homes. The trailer shall be set back as far as possible from the west property line.
7. MODEL HOME OFFICES. The office(s) shall be removed from the house prior to final
occupancy.
(Building Division)
8. *CULTURAL RESOURCES. In the event that archaeological traces are encountered, all
construction within a 50-meter radius of the find will be halted, the Community
Development Director will be notified, and an archaeologist will be retained to examine the
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Attachment 5
find and make appropriate recommendations.
9. *REMAINS. If human remains are discovered, the Santa Clara County Coroner will be
notified. The Coroner will determine whether or not the remains are Native American. If
the Coroner determines that the remains are not subject to his authority, he will notify the
Native American Heritage Commission, who will attempt to identify descendants of the
deceased Native Americans.
10. *REPORT. Ifthe CommunityDevelopment Director finds that the archaeological find is not
a significant resource, work will resume only after the submittal of a preliminary
archaeological report and after provisions for reburial and ongoing monitoring are accepted.
Provisions for identifying descendants of a deceased Native American and for reburial will
follow the protocol set forth in Appendix K of the CEQA Guidelines. If the site is found to
be a significant archaeological site, a mitigation program will be prepared and submitted to
the CommunityDevelopment Director for consideration and approval, in conformance with
the protocol set forth in Section 15064.5 o~f the CEQA Guidelines.
11. *FINAL REPORT. A final report will be prepared when a find is determined to be a
significant archaeological site, and/or when Native American remains are found on the site.
The final report will include background information on the completed work, a description
and list of identified resources, the disposition and curation of these resources, any testing,
other recovered information, and conclusions.
12. PERMITS REQUIRED: A building permit is required for the new house. Separate building
permits are required for site retaining walls; separate electrical, mechanical, and plumbing
permits shall be required as necessary.
13. CONDITIONS OF APPROVAL: The Conditions of Approval for the Architecture and Site
applications must beblue-lined in full on the cover sheet of the construction plans.
14. SIZE OF PLANS: Four sets of construction plans, maximum size 24" x 36."
15. STREET NAMES & HOUSE NUMBERS: The developer shall submit requests for new
street names and/or house numbers from the Office of the Town clerk brior to the building
permit application process.
16. SOILS REPORT: 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. ALTERNATE: Design the foundation for an allowable soils
1,000 psf design pressure. (Uniform Building Code Volume 2 -Section 1805)
17. FOUNDATION INSPECTIONS: A pad certificate prepared by a licensed civil engineer or
land surveyor shall be submitted to the project building inspector at foundation inspection.
This certificate shall certify compliance with the recommendations as specified in the soils
report; and, the building pad 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
18. RESIDENTIALTOWNACCESSIBILITYSTANDARDS: Theresidencesshallbedesigned
with adaptability features for single family residences per Town Resolution 1994-61:
a. Wooden backing (2" x 8" minimum) shall be provided in .all bathroom walls, at
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water closets, showers and bathtubs located 34 inches from the floor to the center of
the backing, 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 have a 36-inch wide door including a 5' x 5' level landing,
no more than 1 inch out of plane with the immediate interior floor level with an 18-
inch clearance.
d. Door buzzer, bell or chime shall be hard wired at primary entrance.
19. TITLE 24 ENERGY COMPLIANCE: California Title 24 Energy Compliance forms CF-1 R
and MF-1R must be blue-lined on the plans.
20. TOWN FIREPLACE STANDARDS: New wood burning fireplaces shall be an EPA Phase
II approved appliance as per Town Ordinance 1905. Tree limbs shall be cut within 10-feet
of chimneys.
21. SPECIAL INSPECTIONS.: When a special inspection is required byUBC 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 permit. The Town
Special Inspection form must be completely filled-out, signed by all requested parties and
be blue-lined on the construction plans. Special Inspection forms are available from the
Building Division Service Counter or online at www.losgatosca.gov.
22. NONPOINT SOURCE POLLUTION STANDARDS: The Town standard Santa Clara Valley
Nonpoint Source Pollution Control Program shall be part of the plan submittal as the second
page. The specification sheet is available at the Building Division Service Counter for a fee
of $2 or at San Jose Blue Print.
23. PLANS: The construction plans shall be prepared under the direct supervision of a licensed
architect or engineer. (Business and Professionals Code Section 5538)
24. APPROVALS REQUIRED: The project requires the following agencies approval before
issuing a building permit:
a. Community Development: Sandy Baily at 354-6873
b. Engineering Department: Fletcher Parsons at 395-3460
c. Parks & Public Works Department: (408) 399-5777
d. Santa Clara County Fire Department: (408) 378-4010
e. West Valley Sanitation District: (408) 378-2407
f. Local School District: (Contact the Town Building Service Counter for the
appropriate school district and to obtain the school form.)
g. Bay Area Air Quality Management District: (41.5) 771-6000
TO THE SATISFACTION OF THE DIRECTOR OF PARKS AND PUBLIC WORKS:
(Parks Division)
25. NEW TREES. Newly planted trees shall bedouble-staked, using rubber tree ties and shall
be planted prior final occupancy.
26. GENERAL. All existing trees shown to remain on the plan are specific subjects of approval
of this plan and must remain on .site.
* Required as mitigation measures
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