2005-090 - Granting An Appeal Of A Planning Commission Decision Approving A Request To Construct A Second Story Addition To A Single Family Residence On Property Zoned Rm:5-12. Architecture And Site Application: 5 -05 -057 Property Location: 16942 MitchelRESOLUTION 2005 - 90
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
GRANTING AN APPEAL OF A
PLANNING COMMISSION DECISION APPROVING A REQUEST
TO CONSTRUCT A SECOND STORY ADDITION TO A SINGLE FAMILY
RESIDENCE ON PROPERTY ZONED RM:5-12.
ARCHITECTURE AND SITE APPLICATION: 5 -05 -057
PROPERTY LOCATION: 16942 MITCHELL AVENUE
PROPERTY OWNER/APPELLANT: DOUG AND AILEEN BRAGA
WHEREAS:
A. This matter came before Council for public hearing on August 1, 2005 on an appeal
by Doug and Aileen Braga (property owner /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 applicant 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 1, 2005, along with
subsequent reports and materials prepared concerning this application.
C. The applicant seeks approval of an architectural and site application for a 1,168
square foot second story addition on an existing 1,786 square foot single story home with a 400
square foot detached garage and a 408 square foot attached garage.
D. The Planning Commission considered this matter on June 8, 2005 and approved the
application with conditions and direction to work with the Director of Community Development
to redesign the project to reduce the height, bulk and mass by changing the proposed two story
living room to a single story, setting the second story addition back from existing first story wall
planes, and reconfiguring the 3 %' x 5 %2' second story window to the right on the southern
elevation to mitigate potential privacy issues with neighbors to the rear of the property.
E. The grounds for the appeal are the applicant's belief 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. While Council concludes that the mass and scale of the proposed second story
require reduction in order to better integrate with the neighborhood, Council also concludes that
the definition of "neighborhood" in this case should be read to include structures that were not
considered by the Planning Commission. Consequently, the desired reduction can be
accomplished within a specific percentage of the overall project, in this case no more than ten
(10) percent, and the other design concerns can be resolved to the discretion of the Director of
Community Development.
G. Council finds as follows:
The project is categorically exempt pursuant to section 15301 of the State
Environmental Guidelines.
2. Pursuant to section 29.20.150 of the Los Gatos Town Code, the considerations for
architecture and site applications stated in Attachment 1 to the Council Staff Report dated August
1, 2005, have been made.
3. Pursuant to section 29.20.300(b)(3), the decision of the Planning Commission is
modified due to the existence of 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, what constitutes the "neighborhood" for purposes of comparison with the subject
property.
RESOLVED:
The appeal of the decision of the Planning Commission on Architecture and Site
Application S -05 -057 is granted.
2. The amended conditions of approval are attached as Exhibit "A" hereto.
3. 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 15"' day of August, 2005, by the following vote.
COUNCIL MEMBERS:
AYES: Steve Glickman, Diane McNutt, Mayor Mike Wasserman
NAYS: Joe Pirzynski, Barbara Spector
ABSENT: None
ABSTAIN: None
SIGNED: G �
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLE ' S --'TOR
TOWN OF LOS GATOS, CALIFORNIA
CONDITIONS OF APPROVAL FOR:
16942 Mitchell Avenue
Architecture and Site Application S -05 -057
Requesting approval to construct a second story addition on property zoned RM:5 -12. APN
529 -18 -014
PROPERTY OWNER/APPLICANT: Doug Braga
TO THE SATISFACTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT:
(Planning Section)
1. APPROVAL EXPIRATION: Zoning approval will expire two years from the approval date
pursuant to Section 29.20.320 of the Town Code, unless the application is vested.
2. APPROVAL: This application shall be completed in accordance with all of the conditions of
approval listed below and in substantial compliance with the approved plans received May 20,
2005. Any minor changes or modifications made to the approved plans shall be approved by
the Director of Community Development other changes will be approved by the Planning
Commission, depending on the scope of the change(s).
3. DESIGN: Modify exterior materials and configuration to be consistent throughout all
elevations to the satisfaction of the Community Development Department and Town
architectural consultant.
4. PRIVACY: Mitigate privacy concerns associated with proposed windows on second story
addition to the satisfaction of the Director of Community Development.
5. MASS AND SCALE: Reduce the mass and scale of the proposed home by setting the second
story addition back from the first story, utilizing architectural techniques on the exterior,
and /or reducing the square footage of the addition by a maximum of 10% of the proposed
home.
6. DETACHED GARAGE: Remove the carport and covered walkway attached to the garage
prior to issuance of a building permit for the addition.
(Building Section)
7. PERMITS REQUIRED: A building permit shall be required for the second story addition and
remodel of the single family residence. Separate permits are required for electrical,
mechanical, and plumbing work as necessary.
8. CONDITIONS OF APPROVAL: The Conditions of Approval must be blue -lined in full on
the cover sheet of the construction plans.
9. SIZE OF PLANS: Four sets of construction plans, maximum size 24" x 36."
10. SOILS REPORT: A soils report, prepared to the satisfaction of the Building Official,
containing foundation and retaining wall design recommendations, may be required to 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)
11. 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:
16942 Mitchell Avenue
Architecture and Site Application S -05 -057
Page 2
1. Building pad elevation
2. Finish floor elevation
Foundation corner locations
12. TITLE 24 ENERGY COMPLIANCE: California Title 24 Energy Compliance forms CF -1R
and MF -1R must be blue -lined on the plans.
13. 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.
14. 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 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.los atg osca.gov.
15. 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.
16. APPROVALS REQUIRED: The project requires the following agencies approval before
issuing a building permit:
a. Community Development: Vu Nguyen at 354 -6807
b. Engineering Department: Fletcher Parsons at 395 -3460
c. Santa Clara County Fire Department: (408) 378 -4010
d. West Valley Sanitation District: (408) 378 -2407
e. Local School District: (Contact the Town Building Service Counter for the appropriate
school district and to obtain the school form.)
TO THE SATISFACTION OF THE DIRECTOR OF PARKS AND PUBLIC WORKS:
(Engineering Division)
17. 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.
18. ENCROACHMENT PERMIT. All work in the public right -of -way will require a
Construction Encroachment Permit. All work over $5,000 will require construction security.
19. 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.
16942 Mitchell Avenue '
Architecture and Site Application 5 -05 -057
Page 3
20. 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 (§ 15.40.070).
21. SITE DRAINAGE. Rainwater leaders shall be discharged to splash blocks. No through curb
drains will be allowed.
22. 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.
23. 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 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.
24. SANITARY SEWER LATERAL. Sanitary sewer laterals are televised and approved by West
Valley Sanitation District before they are used or reused. Install a sanitary sewer lateral
clean -out at the property line.
25. SANITARY SEWER BACKWATER VALVE. Drainage piping serving fixtures which have
flood level rims less than twelve (12) inches (304.8 mm) 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
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 6.5 0.010 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.
26. 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
(85) dBA at twenty -five (25) feet. If the device is located within astructure 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.
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