Attachment 11 Reso to DenyDraft Resolution to
be modified by Town
RESOLUTION 2015- Council deliberations
and direction.
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
DENYING AN APPEAL OF THE DECISION OF THE PLANNING COMMISSION
DENYING AN APPEAL OF A DEVELOPMENT REVIEW COMMITTEE DECISION
APPROVING A REQUEST TO CONSTRUCT A NEW SINGLE - FAMILY RESIDENCE
ON PROPERTY ZONED HR -2 '' /::PD
APN: 527 -09 -016
ARCHITECTURE AND SITE APPLICATION: S -14 -072
PROPERTY LOCATION: 15343 SANTELLA COURT (Lot 7)
APPLICANT /PROPERTY OWNER: DAVIDON HOMES
APPELLANT: DAVID WEISSMAN
WHEREAS, on March 11, 2015, the Planning Commission held a public hearing and
considered an appeal of a Development Review Committee (DRC) decision approving a request
to construct a new single - family residence property zoned HR -2 'h:PD. The Planning
Commission denied the appeal and approved the application.
WHEREAS, the appellant has filed an appeal of the decision of the Planning
Commission denying the appeal of a DRC decision approving a request to construct a new
single - family residence.
WHEREAS, this matter came before the Town Council for public hearing on May 5,
2015, and was regularly noticed in conformance with State and Town law.
WHEREAS, Town Council received testimony and documentary evidence from the
applicant, appellant and all interested persons who wished to testify or submit documents. Town
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 for
their meeting on May 5, 2015, along with any and all subsequent reports and materials prepared
concerning this application. ATTACHMENT 1 1
WHEREAS, Council finds as follows:
A. One or more of the following cannot be found, in accordance with Town Code
section 29.20.300:
1. Where there was error or abuse of discretion on the part of the Planning
Commission; or
2. New information was submitted to the Council during the appeal process that was
not readily and reasonably available for submission to the Commission; or
3. 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, and
B. An Environmental Impact Report (EIR) was prepared for the Planned Development
and was certified by the Town Council on December 19, 2005. Required technical
reviews (arborist, architect and geotechnical) have been completed for the project and
no further environmental analysis is required for this application.
C. The project is in compliance with the approved Planned Development (Ordinance
2147).
D. The project is in compliance with the Hillside Development Standards and
Guidelines.
E. The project is in compliance with the Hillside Specific Plan in that it is a single-
family residence being developed on an existing parcel. The proposed development
is consistent with the development criteria included in the Specific Plan.
F. As required by Section 29.20.150 of the Town Code, the considerations in review of
an Architecture and Site application were not made in reviewing this project.
NOW, THEREFORE, BE IT RESOLVED:
1. The appeal of the decision of the Planning Commission denying an appeal of a DRC
decision approving a request to construct a new single - family residence on property zoned HR -2
%2:PD is denied.
2. The Conditions of Approval attached hereto as Exhibit A are hereby adopted as the
Conditions of Approval for this permit.
3. 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, held on the 5`h day of May, 2015, by the following vote:
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
V DIG R I SOS'015 S011 C11a 1 S_4? Dcn\AppcaI ducv
This Page
Intentionally
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CONDITIONS OF APPROVAL
May 5, 2015
15343 Santella Court — Lot 7
Architecture and Site Application S -14 -072
Appeal of a Planning Commission decision denying an appeal of a Development Review
Committee decision to approve the construction of a single - family residence on property zoned
HR- 2 !/2:PD. APN 527 -09 -016.
PROPERTY OWNER/APPLICANT: Davidon Homes
APPELLANT: David Weissman
TO THE SATISFACTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT:
Planning Division
1. PLANNED DEVELOPMENT: All performance standards included in Planned
Development Ordinance 2147 are incorporated herein by this reference as conditions of
approval applicable to this application. This applies to all departments and divisions.
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. Any changes or modifications to the approved plans shall be approved by the
Community Development Director, the Development Review Committee, or the Planning
Commission, depending on the scope of the changes.
3. EXPIRATION: The Architecture and Site approval will expire two years from the
approval date (May 5, 2017) pursuant to Section 29.20.320 of the Town Code, unless the
approval is vested prior to expiration.
4. 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 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 requirement 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.
5. EXTERIOR COLOR: The exterior colors of the house shall not exceed a light reflectivity
value of 30 and shall blend with the natural vegetation.
6. DEED RESTRICTION: Prior to the issuance of a building permit, a deed restriction shall
be recorded by the applicant with the Santa Clara County Recorder's Office that requires
all exterior colors to be maintained in conformance with the Town's Hillside
Development Standards and Guidelines.
7. OUTDOOR LIGHTING: House exterior and landscape lighting shall be kept to a
minimum, and shall be down directed fixtures that will not reflect or encroach onto
adjacent properties. The outdoor lighting plan will be reviewed during building plan
check. Any changes to the lighting plan shall be approved prior to installation.
8. FENCING: No fencing is being approved with this application. Any future fencing shall
comply with the Hillside Development Standards and Guidelines and must be reviewed
and approved by the Planning Division prior to installation.
EXHIBIT A
of Attachment 11
Conditions of Approval
15343 Santella Court
Page 2 of 8
9. GREEN BUILDING: The house shall be designed to achieve compliance with
GreenPoint Rated Standards for green building certification. The GreenPoint checklist
shall be completed by a Certified Green Building Professional and submitted to the Town
prior to issuance of a building permit.
10. TREE REMOVAL PERMIT: A Tree Removal Permit shall be issued for trees to be
removed. Replacement trees shall be selected based on the Hillside Development
Standards and Guidelines and shall be planted based on the Canopy Replacement Table
in the Tree Protection Ordinance prior to final inspection. An in -lieu fee may be paid for
trees that cannot be reasonably accommodated on the project site.
11. ARBORIST REQUIREMENTS: The developer shall implement, at their cost, all
recommendations made by the Town's Consulting Arborist identified in the Arborist's
report, dated December 10, 2014, on file in the Community Development Department. A
Compliance Memorandum shall be prepared and submitted with the building permit
application detailing how the recommendations have or will be addressed. These
recommendations must be incorporated in the building permit plans, and completed prior
to issuance of a building permit where applicable. Throughout construction, a certified
arborist will monitor the development of the site to ensure compliance. Monitoring will
occur periodically as determined by the Community Development Director.
12. TREE STAKING: All newly planted trees shall be double - staked using rubber tree ties.
13. TREE FENCING: Protective tree fencing shall be placed at the drip line of existing trees
prior to issuance of demolition and building permits and shall remain through all phases
of construction. Fencing shall be six foot high cyclone attached to two -inch diameter
steel posts driven 18 inches into the ground and spaced no further than 10 feet apart.
Refer to the report prepared by the Town's Consulting Arborist identified in the
Arborist's report, dated December 10, 2014, for details. Include a tree protection fencing
plan with the construction plans.
14. LANDSCAPE PLAN: The final landscape plan shall comply with the Hillside
Development Standards and Guidelines criteria for planting (ornamental planting shall be
confined to areas within 30 feet of the house, inclusive of decks, patios and driveway).
15. WATER EFFICIENCY LANDSCAPE ORDINANCE: The final landscape plan shall
meet the Town of Los Gatos Water Conservation Ordinance or the State Water Efficient
Landscape Ordinance, whichever is more restrictive. A review fee based on the current
fee schedule adopted by the Town Council is required when working landscape and
irrigation plans are submitted for review.
16. BMP IN -LIEU FEE: A Below Market Price (BMP) in -lieu fee (6% of the building
valuation as determined by the Building Official) shall be paid by the developer prior to
issuance of an occupancy permit for the new residence.
17. STORY POLES: The story poles on the project site shall be removed within 30 days of
approval of the Architecture & Site application.
TO THE SATISFACTION OF THE BUILDING DEPARTMENT:
Building Division
18. PERMITS REQUIRED: A building permit shall be required for the construction of the
new single - family residence. Separate permits are required for electrical, mechanical, and
Conditions of Approval
15343 Santella Court
Page 3 of 8
plumbing work as necessary. Site retaining walls four (4) feet high or greater from the
bottom of the footing shall be under separate permit(s).
19. CONDITIONS OF APPROVAL: The conditions of approval must be blue -lined in full
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.
20. SIZE OF PLANS: Four (4) sets of construction plans, maximum size 24" x 36 ".
(Optional 30" x 42" maximum is acceptable.)
21. 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.
22. NPDES -C.3 DATA FORM: A copy of the NPDES C.3 Data Form (updated based on the
final construction drawings) must be blue -lined in full on the plans. In the event that this
data differs significantly from any Planning approvals, the Town may require
recertification of the project's storm water treatment facilities prior to the release of the
building permit.
23. 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 that the building pad elevation and on -site retaining wall
locations and elevations have been prepared according to the 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.
d. Retaining walls.
24. RESIDENTIAL TOWN ACCESSIBILITY STANDARDS: The residence shall be
designed with adaptability features for single - family residences per Town Resolution
1994 -61:
a. Wood backing (2" x 8" minimum) shall be provided in all bathroom walls at 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 be 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
clearance at interior strike edge.
d. Door buzzer, bell or chime shall be hard wired at primary entrance.
25. TITLE 24 ENERGY COMPLIANCE: All required California Title 24 Energy
Compliance Forms must be blue - lined, i.e. directly printed onto a plan sheet.
26. 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
Conditions of Approval
15343 Santella Court
Page 4 of 8
(VWSD) requires backwater valves on drainage piping serving fixtures that have flood
level rims less than 12- inches above the elevation of the next upstream manhole.
27. 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 when
within ten (I0)feet of a chimney.
28. HAZARDOUS FIRE ZONE: The project requires a Class A roof assembly.
29. WILDLAND -URBAN INTERFACE: This project is located in a Wildland -Urban
Interface Fire Area and must comply with Section R327 Materials and Construction
Methods for Exterior Wildfire Exposure of the 2013 California Residential Code.
30. DEFENSIBLE SPACE/FIRE BREAK LANDSCAPING PLAN: Provide a landscape
plan prepared by a California licensed architect or landscape architect in conformance
with California Public Resources Code 4291 and California Government Code Section
51182.
31. LANDSCAPE CERTIFICATION: Prior to final inspection, provide a letter from a
California licensed architect or landscape architect certifying the landscaping and
vegetation clearance requirements have been completed per the California Public
Resources Code 4291 and Government Code Section 51182.
32. SPECIAL INSPECTIONS: When a special inspection is required by CBC Section 1704,
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 and signed by all
requested parties prior to permit issuance. Special Inspection forms are available from the
Building Division Service Counter or online at www.losaatosca.Rov/building
33. BLUE PRINT FOR A CLEAN BAY SHEET: The Town standard Santa Clara County
Valley Nonpoint Source Pollution Control Program Sheet (2406) 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 for a fee or online at
www.los atg osea.gov/building.
34. REQUIREMENTS FOR COPPER ROOFS & COPPER ARCHITECTURAL
FEATURES: Avoid or limit the use of copper roofs or copper architectural features and
elements. When used implement the following Best Management Practices, BMPs, as
required by the Santa Clara Valley Urban Runoff Pollution Prevention Program, in order
to prevent prohibited discharges to storm drains:
a. If possible, purchase copper materials that have been pre - patinated at the factory.
b. If patination is done on -site discharge the rinse water to landscaping or a dry well to
ensure that the rinse water does not flow to the street or storm drain. Block off the
storm drain inlet if necessary.
c. Consider coating the copper materials with an impervious coating that prevents
further corrosion and runoff.
d. Implement the same BMPs during routine maintenance such as power washing, re-
patination, or reapplication of impervious coating.
e. At copper gutters and downspouts, create a percolation area at the downspout outlet
for the roof runoff to soak into the ground rather than flowing to a storm drain or
water course. Please note that if you are responsible for a discharge to the storm drain
of runoff from copper architectural features, you will be in violation of the municipal
storm water ordinance and may be subject to a fine.
Conditions of Approval
15343 Santella Court
Page 5 of 8
35. APPROVALS REQUIRED: The project requires the following departments and agencies
approval before issuing a building permit:
a. Community Development — Planning Division: Marni Moseley at (408) 354 -6802
b. Engineering/Parks & Public Works Department: Ryan Fong at (408) 395 -5340
c. Santa Clara County Fire Department: (408) 378 -4010
d. West Valley Sanitation District: (408) 378 -2407
e. Local School District: The Town will forward the paperwork to the appropriate
school district(s) for processing. A copy of the paid receipt is required prior to permit
issuance.
TO THE SATISFACTION OF THE DIRECTOR OF PARKS AND PUBLIC WORKS:
Engineering Division
All conditions per prior approvals (including PD Ordinance 2147) shall be deemed in full force
and affect for this approval. Additional condition for this application are below:
36. GRADING PERMIT: A grading permit is required for all site grading and drainage work
except for exemptions listed in Section 12.20.015 of the Town Grading Ordinance. The
grading permit application (with grading plans) shall be submitted 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 located at 110 E. Main
Street is needed for grading within the building footprint.
37. DRAINAGE STUDY: Prior to the issuance of any grading permits, the following
drainage studies shall be submitted to and approved by the Town Engineer: A drainage
study of the project including diversions, off -site areas that drain onto and /or through the
project, and justification of any diversions; a drainage study evidencing that proposed
drainage patterns will not overload existing storm drains; and detailed drainage studies
indicating how the project grading, in conjunction with the drainage conveyance systems
including applicable swales, channels, street flows, catch basins, storm drains, and flood
water retarding, will allow building pads to be safe from inundation from rainfall runoff
which may be expected from all stones up to and including the theoretical 100 -year
flood.
38. DRAINAGE IMPROVEMENT: Prior to the issuance of any grading permits, the
applicant shall: a) Design provisions for surface drainage; and b) Design all necessary
storm drain facilities extending to a satisfactory point of disposal for the proper control
and disposal of storm runoff; and c) Provide a recorded copy of any required easements
to the Town.
39. SOILS REVIEW: Prior to issuance of the grading permit, the applicant's engineers shall
prepare and submit a design -level geotechnical /geological investigation for review and
approval by the Town's consultant. The applicant's soils engineer shall review the final
grading and drainage plans to ensure that designs for foundations, retaining walls,
Conditions of Approval
15343 Santella Court
Page 6 of 8
landslide repairs, 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.
40. 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 geotechnical report, and recommend appropriate changes
in the recommendations 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 permit is granted.
41. SOIL RECOMMENDATIONS: The project shall incorporate the geotechnical/geological
recommendations contained in the Geotechnical Exploration, Lot 7, the Highlands of Los
Gatos, 15343 Santella Ct. by ENGEO, Inc., dated November 03, 2014, and any
subsequently required report or addendum. Subsequent reports or addenda are subject to
peer review by the Town's consultant and the cost shall be borne by the applicant.
42. BEST MANAGEMENT PRACTICES (BMPs): Best Management Practices (BMPs)
shall be maintained and be placed in all areas that have been graded or disturbed and for
all material, equipment and/or operations that need protection. If BMPs are removed
(temporary removal during construction activities) they shall be replaced at the end of
each working day.
43. STORMWATER DEVELOPMENT RUNOFF: All new development and redevelopment
projects are subject to the Town's stormwater development runoff requirements. Every
applicant shall submit a stormwater control plan and implement the conditions of
approval as provided in Condition No. 23 above that reduce stormwater pollutant
discharges through the construction, operation and maintenance of treatment measures
and other appropriate source control and site design measures. Increases in runoff volume
and flows shall be managed in accordance with the development runoff requirements.
44. SITE DESIGN MEASURES: All projects must incorporate the following measures to the
maximum extent practicable:
a. Protect sensitive areas and minimize changes to the natural topography.
b. Minimize impervious surface areas.
c. Direct roof downspouts to vegetated areas where feasible.
d. Use permeable pavement surfaces where feasible.
e. Use landscaping to treat stormwater.
45. EROSION CONTROL: Interim and final erosion control plans shall be prepared and
submitted to the Engineering Department 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 for projects
disturbing more than one acre. A maximum 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 methods
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
Conditions of Approval
15343 Santella Court
Page 7 of 8
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 the most current Santa Clara County NPDES MRP Permit.
Monitoring for erosion and sediment control is required and shall be performed by the
QSD or QSP as required by the Construction General Permit. Stormwater samples are
required for all discharge locations and projects may not exceed limits set forth by the
Construction General Permit Numeric Action Levels and/or Numeric Effluent Levels. A
Rain Event Action Plan is required when there is a 50% or greater forecast of rain within
the 48 hours, by the National Weather Service or whenever rain is imminent. The QSD or
QSP must print and save records of the precipitation forecast for the project location area
from (http: / /www.srh.noaa.gov /forecast) and they must accompany monitoring reports
and sampling test data. A rain gauge is required to be kept on site. The Town of Los
Gatos Engineering and Building departments will conduct periodic NPDES inspections
of the site throughout the recognized storm season to verify compliance with the
Construction General Permit and Stormwater ordinances and regulations.
46. CONSTRUCTION ACTIVITIES: All construction shall conform to the latest
requirements of the CASQA Stormwater Best Management Practices Handbooks for
Construction Activities and New Development and Redevelopment, the ABAG Manual
of Standards for Erosion & Sediment Control Measures, the Town's grading and erosion
control ordinance and other generally accepted engineering practices for erosion control
as required by the Town Engineer when undertaking construction activities.
47. SITE DRAINAGE: Rainwater leaders shall be discharged to splash blocks. No through
curb drains will be allowed. Any storm drain inlets (public or private) directly connected
to public storm system shall be stenciled/signed with appropriate "NO DUMPING -
Flows to Bay" NPDES required language. On -site drainage systems for all projects shall
include one of the alternatives included in section C.3.i of the Municipal Regional
NPDES Permit. These include storm water reuse via cisterns or rain barrels, directing
runoff from impervious surfaces to vegetated areas and use of permeable surfaces. If dry
wells are to be used they shall be placed aminimum of ten (10) feet from any adjacent
property line and/or right of way.
TO THE SATISFACTION OF THE SANTA CLARA COUNTY FIRE DEPARTMENT:
48. WATER SUPPLY REQUIREMENTS: Potable water supplies shall be protected from
contamination caused by fire protection water supplies. It is the responsibility of the
applicant and any contractors and subcontractors to contact the water purveyor supplying
the site of such project, and to comply with the requirements of that purveyor. Such
requirements shall be incorporated into the design of any water -based fire protection
systems, and/or fire suppression water supply systems or storage containers that may be
physically connected in any manner to an appliance capable for causing contamination of
the potable water supply of the purveyor of record. Final approval of the system(s) under
consideration will not be granted by this office until compliance with the requirements of
the water purveyor of record are documented by that purveyor as having been met by the
applicant. 2010 CFC Sec. 903.5 and Health and Safety Code 13114.7.
49. AUTOMATIC FIRE SPRINKLER SYSTEM REQUIRED: An approved automatic fire
sprinkler system is required for the new residence, hydraulically designed per National
Conditions of Approval
15343 Santella Court
Page 8 of 8
Fire Protection Association (NFPA) Standard #13D. A State of California (C -16) Fire
Protection contractor shall submit plans, calculations, a completed permit application and
appropriate fees to the Fire Department for approval, prior to beginning their work.
50. CONSTRUCTION FIRE SAFETY: The construction site shall comply with applicable
provisions of the California Fire Code, Chapter 14 and Fire Department Standard Detail
and Specification SI -7.
51. PREMISE IDENTIFICATION: Approved addresses shall be placed on all new buildings
so they are clearly visible and legible from Santella Court. Numbers shall be a minimum
of four inches high and shall contrast with their background.
NiD CONOITN5M13 S tdla. 15343.A&S.doc