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2009-099 - 15500 Francis Oaks WayRESOLUTION 2009 -099 RESOLUTION GRANTING AN APPEAL OF A DECISION OF THE PLANNING COMMISSION DENYING AN APPLICATION FOR A TWO LOT SUBDIVISION ON PROPERTY ZONED HR 2/Z APN: 527 -11 -005 SUBDIVISION APPLICATION: M -06 -4 NEGATIVE DECLARATION: ND -06 -4 PROPERTY LOCATION: 15500 FRANCIS OAKS WAY PROPERTY. OWN ER: MIKE AND ANN MOFFAT APPLICANT /APPELLANT: TONY JEANS WHEREAS: A, This matter came before the Town Council for public hearing on September 8, 2009, and was regularly noticed in conformance with State and Town law. B. Council received testimony and documentary evidence from the applicant /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 25, 2009, the Desk Item dated September 8, 2009, along with any and all subsequent reports and materials prepared concerning this application. C. The appeal concerns a decision of the Planning Commission denying an application for a revised two lot subdivision on property zoned HR -2 ' / 2. The subject 7.96 acre property is located on the south side of Francis Oaks Way at the westerly terminus of the road. Francis Oaks Way is a private road that is not maintained by the Town, There is an existing residence on the site that was approved by the Town Council in 2000. The application proposes lot sizes of 4.89 acres and 3.06 acres. D. The application was considered and denied by the Planning Commission on June 24, 2009, The applicant /appellant appealed the Commission's decision on June 30, 2009. T. The applicant /appellant claims that the Planning Commission erred or abused its discretion in finding that the proposed subdivision is not physically suitable for the use and density of the proposed single family residential use and Town codes and ordinances; it ignored the direction of the Town Council from the previous application on December 13, 2006. F. The Planning Commission erred in denying the application. That decision should be reversed and the application approved. G. Council finds as follows; Pursuant to Town Code Section 29.20.300(b) (1), Council reverses the decision of the Planning .Commission because there was error or abuse of discretion on the part of the Planning Commission; to wit, evidence in the record does not support findings for denying an application governed by the Subdivision Map Act, specifically that the site is not physically suitable to the type and density of the proposed development. On the contrary, evidence in the record demonstrates that the proposed subdivision would result in a development site that is relatively flat, thus eliminating the possibility of extensive grading, and free of trees, thus eliminating the need to remove healthy trees, and would produce a parcel similar in size to those existing in the surrounding area accessed by a relatively short driveway connected to Shady Lane. ii. A mitigated negative declaration is appropriate for this project. The only evidence to the contrary concerned whether the project would either disrupt an alleged existing riparian corridor or eliminate the possibility of restoring a riparian corridor. However, this evidence concerned the prior condition of the site, which is now dry as a consequence of the installation of a storm drain inlet upstream of the proposed home site. H. Council notes that the Planning Commission decision did not rest on the question of access, specifically a dispute regarding the intent of an access easement that provides access via Shady Lane. The Commission was provided sufficient evidence and advice regarding the adequacy of the easement for purposes of the Town determining the adequacy of access to the proposed site. RESOLVED: That the appeal of the decision of the Planning Commission denying Subdivision Application M -06 -4 is granted and the application is approved, subject to the conditions of approval attached hereto as Exhibit "A" and by this reference fully incorporated herein. Said conditions of approval shall require a scenic easement as articulated by staff during the hearing and also require that access to the new parcel shall be taken only via Shady Lane. 2. That the Mitigated Negative Declaration is made for this project and the Mitigation Monitoring Plan is approved and adopted. 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 of the Town of Los Gatos, California on the 21st clay of September 2009, by the following vote. COUNCIL MEMBERS: AYES: Diane McNutt, Joe Pirzynski, Steve Rice, Barbara Spector, Mayor Mike Wasserman NAYS: ABSENT: ABSTAIN: SIGNE MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: ADMINISTRATOR TOWN OF LOS GATOS, CALIFORNIA EXHIBIT A TOWN COUNCIL — SEPTEMBER 8, 2009 CONDITIONS OF APPROVAL; 15500 Francis Oaks Way Subdivision Application M -06 -4 Negative Declaration ND -06 -4 Requesting approval of a two lot subdivision on property zoned HR -2. No significant environmental impacts have been identified as a result of this project and a Mitigated Negative Declaration is recommended. APN 527 -11 -005, PROPERTY OWNER: Mike and Ann Moffat APPLICANT: Tony Jeans, T.H.I.S. Design 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 on May 13, 2009 and noted as received by the Town. on April 28,'2009. Any changes or modifications to the approved plans shall be approved by the Cormnunity Development Director or the Planning Commission depending on the scope of the change(s). 2. EXPIRATION OF APPROVAL. The Tentative Map application shall expire two years from the date of approval if a Final Map has not been recorded, pursuant to Sections 24.20.070 and 24.70.035 of the Subdivision Ordinance. 3. TOWN INDEMNITY. Applicants are noti.hed that Town Code Section 1,10.115 requires that any applicant who receives a permit or entitlement from the "Town shall defend, inderm and hold harmless the Town and its officials in any action brought by a third party to overturn, set aside, or void the permit or entitlement. This requirernent is a condition of approval of all such permits and entitlements whether or not expressly set forth in the approval, and may be secured to the satisfaction of the Town Attorney. 4. ARCITITECTURE AND SITE APPROVAL: REQUIRED. An Architecture and Site application and approval is required for the new residence on Parcel 2. 5. ARL30RIS ".l' REVIEW. Plans for the new residence on Parcel 2 shall be reviewed and evaluated by the `T'own's Consulting Arborist during the Architecture and Site process. 6. LANDSCAPE PI.,AN. A landscape plan shall be included with the plans submitted with the Architecture and Site application for the new residence on Parcel 2. 7. SCENIC EASEMENT, A seems easement shall be recorded. over the upper portion of the property as shown on (lie tentative map, Trees within the easement may only be trimmed or pruned as allowed by the Town's Tree Protection Ordinance. Any planting within the easement shall be drought tolerant native species. Temporary above ground irrigation lines may be installed, but shall be removed once new plants are established. No permanent structures rnay be constructed within the easement. PARCEL 2 ACCESS. Access to Parcel 2 shall be taken solely from Shady Lane. 1 5500 Francis Oaks Way /M -06 -04 Conditions of approval Page 2 of 8 9. BIOLOGICAL RESOURCES MITIGATION MEASURE - l. If land clearing, grading, tree acid brush removal, tree trimming or demolition activities are to occur during the nesting season (February 1 to August 15), a pre - construction survey for nesting migratory birds shall be conducted by a qualified biologist from. one to four weeks prior to the initiation of work. If no nesting birds are observed., work may proceed. If work is delayed more than four weeks from the date of the survey, and it is still within the nesting season, the pre- construction survey shall be repeated. 10. BIOLOGICAL RESOURCES MITIGATION MEASURE -2. If occupied active nests of a migratory bird species are identified, a suitable buffer shall be established around the nest tree. Work within the buffer zone shall be prohibited until August 15th or until the young have fledged, as determined by the project biologist. The dimensions of each buffer zone shall be determined by the biologist in consultation with the CDFG. 11, BIOLOGICAL RESOURCES MITIGATION MEASURE -3. If future development plans include removal of any existing trees, the Town's Consulting Arborist shall determine conformance with the Town's 'free Protection Ordinance, Future development plans shall incorporate the Arborist's recommendations to reduce potential impacts associated with tree removal. . TO THE SATISFACTION OF THE DIRECTOR OF PARKS AND PUBLIC WORKS: Engineering Division 12. FINISHED FLOOR ELEVATION. The finished floor elevation shall be a minimum of two (2) feet above the 100 -ye-ar water surface elevation. Hydraulic calculations prepared by a licensed civil engineer shall be submitted with the grading permit application. 13. GRADING PERMIT. A grading permit is required for site grading and drainage. The grading permit application (with grading plans) shall be made to the Engineering Division of the Parks & Public Works Department located at 41 Miles Avenue. The grading plans shall include final grading, drainage, retaining wall location, driveway, utilities and interim erosion control. Grading plans shall list earthwork quantities and a table of existing and proposed impervious areas. Unless specifically allowed by the Director of Parks and Public Works, the grading permit will be issued. concurrently with the building permit. The grading permit is for work outside the building footprint(s). A separate building permit, issued by the Building Department on E. Main Street is needed for grading within the building footprint. 14. 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 following items: a. Retaining wall- -top of wall elevations and locations b. Toe and top of cut and fill slopes 15500 Francis Oaks Way /M -06 -04 Conditions of approval .Page 3 of 8 15, UTILITY COMPANY REVIEW, Letters from the electric, telephone, cable, and trash companies indicating that the proposed improvements and easements'are acceptable shall be provided prior to recordation of the final neap 16. WEST VALLEY SANITATION DISTRICT. All sewer connection and treatment plant capacity fees shall be paid either immediately prior to the recordation of any subdivision or tract .maps with respect to the subject property or properties, or immediately prior to the issuance of a sewer connection permit, which ever event occurs first. Written confirmation Of payment of these fees shall be provided prior to neap recordation. 17. TREE REMOVAL. Copies of all necessary tree removal permits shall be provided prior to issuance of a grading permit. 18. SOILS ENGINEER CONSTRUCTION OBSERVATION. During construction, all excavations and grading shall be inspected by the applicant's soils engineer prior to placement of concrete and /or backfill so they can verify that the actual conditions are as anticipated in the design -level geoteclmrical report, and recommend appropriate changes in the recora nendations contained in the report, if necessary. The results of the construction observation and testing should be documented in an "as- built" letter /report prepared by the applicants' soils engineer and submitted to the Town before final release of any occupancy permmit is granted. 19. PAD CERTIFICATION, A letter from a licensed land surveyor shall be provided stating that the building foundation was constructed in accordance with the approved plans shall be provided subsequent to foundation construction and prior to construction on the structure, The pact certification shall address both vertical and horizontal foundation placement. 20. PRE CONSTRUCTION MEETING. Prior to issuance of any permit or the commencement of any site work, the general contractor shall: a. Along with the project applicant, attend a pre - construction meeting with the Town Engineer to discuss the project conditions of approval, working hours, site maintenance and other construction matters; b. Acknowledge in writing that they have react and understand the project conditions of approval, and will make certain that all project sub - contractors have react and understand them prior to commencing work and that a copy of the project conditions of approval will be posted on site at all times during construction, 21, SOILS REPORT. One copy of the soils report shall be submitted with the grading permit application, The soils report shall include specific criteria and standards governing site grading, drainage, pavernent design, screening level slope stability analysis, retaining wall design and erosion control. Slope stability analysis shall be incorporated into the recorrnmendation for foluldation design. 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. The report shall be submitted for review prior to issuance of any permits, 15500 Francis Oaks Way /M -06 -04 Conditions of approval Page 4 of 8 22. SOILS REVIEW. Prior to issuance of any permit, the applicant's soils engineer shall review the final grading and drainage plans to ensure that designs for foundations, retaining walls, site grading, and site drainage are in accordance with their recommendations and the peer review comments. The applicant's soils engineer's approval shall then be conveyed to the Town either by letter or by signing the plans. 23. RETAINING WALLS. A building permit, issued by the Building Department at 110 E. Main Street, may be required for site retaining walls. Walls are not reviewed or approved by the Engineering Division of Parks and Public Works during the grading permit plan review process. 211. PARCEL MAP. A parcel map shall be recorded prior to issuance of any permits. 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, 25. TRENCHING MORATORIUM. Trenching within a newly paved street will be allowed subject to the following requirements: a. The Town standard "T" trench detail shall be used. b. A Town approved colored controlled density backfill shall be used. C. The total asphalt thickness shall be a minimum. of 3- inches or shall match the existing thickness, whichever is greater. The final lift shall be 1.5- inches of half inch medium asphalt. The initial lift{s} shall be of three quarter inch medium asphalt. d. The Contractor shall schedule a pre - paving meeting with the Town Engineering Construction Inspector the day the paving is to take place. C. A slurry seal topping may be required by the construction inspector depending his assessment of the quality of the trench paving. If required, the slurry seal shall extend the full width of the street and shall extend 5 -feet beyond the longitudinal limits of trenching. Slurry seal materials shall be approved by the Town Engineering Construction Inspector prior to placement. Black sand may be required in the slurry mix. All existing striping and pavement markings shall be replaced upon completion of slurry seal operations. f. A separate bond for trench saw cutting and paving may, be provided at the time of building permit issuance. In the event such a bond is posted, the slurry seal provision above would be waived. 26. TRAFFIC IMPACT MITIGATION FEE. 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 building permit is issued. The fee shall be paid before issuance of a building permit. The traffic impact mitigation fee for this project using the current fee schedule is $5,742, The final fee shall be calculated form the final plans usiuig the rate schedule in effect at the time the building permit is issued. 15500 Francis Oaks Way /M -06 -04 Conditions of approval Page 5 of'8 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 beat 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, ENCROACHMENT PERMIT, All work in the public right-of-way will require a Construction Encroachment Permit, All work over $5,000 will require construction seetrity, 29. PUBLIC WORKS INSPECTIONS. The developer or his representative shall notify the Engineering Inspector at least twenty -four (24) hours before starting any work. pertaining 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. 30. EROSION CONTROL. Interim and final erosion control plans shall be prepared and submitted to the Engineering Division of the Parl.s & 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 for projects disturbing more than one acre. A maximtun of two weeks is allowed between clearing of an area and stabilizing /building on an area if grading is allowed during the rainy season. Interim erosion control measures, to be carried out during construction and before installation of the final landscaping shall be included. Interim erosion control method shall include, but are not limited to: silt fences, fiber rolls (with locations and details), erosion control blankets, Town standard seeding specification, filter berms, check dams, retention basins, etc. Provide erosion control measures as needed to protect downstream water quality during winter months. The grading, drainage, erosion control plans and SWPPP shall be in compliance with applicable measures contained in the amended provisions C.3 and C.14 of Order No. R2 -2005• -0035 of the ainended Santa Clara County NPDES Permit. 31. DUST CONTROL. Blowing dust shall be reduced by timing construction activities so that paving and building construction begin as soon as possible after completion of grading, and by landscaping disturbed soils as soon as possible. Further, water trucks shall be present and in use at the construction site. All portions of the site subject to blowing durst shall be watered as often as deemed necessary by the Town, or a minimum of three times daily, or apply (non - toxic) soil stabilizers on all unpaved access roads, parking areas, and staging areas at construction sites in order to insure proper control of blowing dust for the duration of the project, Watering on public streets shall not occur, Strects will be cleaned by street sweepers or by hand as often as deemed necessary by the Town Engineer, or at least once a day. Watering associated with on -site construction activity shall take place between the hours of 8 a.m. and 5 p.m, and shalt include at least one late- afternoon watering to minimize 15500 Francis Oaks Way /M -06 -04 Conditions of approval Page 6 of 8 the effects of blowing dust. All public streets soiled or littered due to this construction activity shall be cleaned and swept on a daily basis during the workweek to the satisfaction of the Town. Demolition or earthwork activities shall be halted when wind speeds (instantaneous gusts) exceed 25 MPH, All trucks hauling soil, sand, or other loose debris shall be covered. 32. SITE DRAINAGE, Rainwater leaders shall be discharged to splash blocks. No through curb drains will be allowed. A detailed site drainage plans with drainage management system to maximizes on -site drainage percolation and maintains storm run -off from the site at the pre - development levels is required to be submitted and'approvedprior to issuance of any permits. 33. NPDES. On -site drainage systems shall include a filtration denied such as a bio-swale or permeable pavement, 34. 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. 35. 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). All new utility services shall be placed underground. Underground conduit shall be provided for cable television service. 36. 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 nnarkers, thermoplastic pavement markings, etc. shall be repaired and replaced to a condition equal to or better than the 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 a walk- through with the Engineering Construction Inspector before the start of construction to verify existing conditions. 37. CURB AND GUTTER. The developer shall repair and replace to existing Town standards any curb and gutter damaged now or during construction of this project. New curb and gutter shall be constructed per Town Standard Details, The limits of curb and gutter repair will be determined by the Engineering Construction Inspector during the construction phase of the protect. 38. 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. 39. SANITARY SEWERBACKWATER VALVE. Drainage piping serving fixtures which have flood level rinns less thar7 twelve (12) inches (304.8 nun) above the elevation of the next upstream manhole and /or flushing inlet cover at the public or private sewer system serving such drainage piping shall be protected from backflow of sewage by installing an approved 15500 Francis Oaks Way /M -06 -04 Conditions of approval Page 7 of 8 type backwater valve. Fixtures above such elevation shall not discharge through the backwater valve, unless first approved by the Administrative (Sec. 6.50.025). The Town shall not incur 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 Plumbing Code adopted by section 6.50.010 of the Town Code and maintain such device in a functional operating condition. Evidence of West Valley Sanitation District's decision on whether a backwater device is needed shall be provided prior to issuance of a building permit. 40. AS- BUILTPLANS, An AutoCAD disk of the approved "as- built" plans shall be provided to the Town prior to issuance of a Certificate of Occupancy. The AutoCAD file shall include only the following information and shall conform to the layer naming convention: a) Building Outline, Layer: BLDG - OUTLINE; b) Driveway, Layer: DRIVEWAY; c) Retaining Wall, Layer: RETAINING WALL; d) Swimming Pool, Layer: SWIMMING -POOL; e) Tem7is Court, Layer: TENNIS - COURT; f) Property Line, Layer: PROPERTY-LINE; g) Contouts, 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. 41. CONSTRUCTION NOISE. Between the hours of 8:00 a.m. to 8:00 p.m., weekdays and 9:00 a.m. to 7:00 p.m. weekends and holidays, construction, alteration or repair activities shall be allowed. No individual piece of equipment shall produce a noise level exceeding eighty -five (8 5) dBA at twenty -five (25) feet, If the device is located within a structure on the property, the measurement shall be made at distances as close to twenty -five (25) feet from the device as possible. The noise level at any point outside of the property plane shall not exceed eighty -five (85) dBA. 42. HAULING OF SOIL, hauling of soil on or off site shall not occur during the morning or evening peals periods (between 7 :00 a.m, and 9:00 a.m. and between 4:00 p.m. and 6:00 p.m.), Prior to the issuance of a building permit, the developer shall work with the Town Building and Engineering Department Engineering Inspectors to devise a traffic control plait to ensure safe and efficient traffic flow raider periods when soil is hauled on or off the project site. This may include, but is not limited to provisions for the developer /owner to place ,construction notification signs noting the dates acrd time of construction and hauling activities, or providing additional traffic control. Cover all trucks hauling soil, sand, and other loose debris or require all trucks to maintain at least two feet of freeboard. 15500 Francis Oaks Way /M -06 -04 Conditions of approval Page 8 of 8 TO TIIE SATISFACTION OF THE SANTA CLARA COUNTY FIRE DEPARTMENT; 43, REQUIRED FIRE FLOW. Required fire flow is 1,750 GPM at 20 psi, residual pressure, 44, PUBLIC FIRE HYDRANT. Provide a public fire hydrant on Shady Lane. The location shall be determined j ointly by the Fire Department and San Jose Water Company. Maximiun fire hydrant spacing shall be 500 feet with a minimum single hydrant flow of 2500 GPM at 20 psi, residual. 45. FIRE HYDRANT LOCATION IDENTIFIER. Prior to final inspection the general contractor shall ensure that an approved fire hydrant location identifier ( "blue dot ") has been placed in the roadway for each new hydrant as directed by the Fire Department. 46. PREMISE IDENTIFICATION, Parcel 2 shall have a Shady larie address. Approved addresses shall be placed on all new buildings so they are clearly visible and legible from Shady Lane. Numbers shall be a minimum of four inches high and shall contrast with their background. NADMITOND1TN512009\1 15500- TM.DOC