Attachment 11-13 - Draft ResolutionsDraft 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
APPROVING A REQUEST TO CONSTRUCT EIGHT RESIDENTIAL
CONDOMINIUMS ON PROPERTY ZONED Cl
APN: 527 -44 -012 AND 527 -44 -013
CONDITIONAL USE PERMIT APPLICATION: U -13 -012
SUBDIVISION APPLICATION M -13 -004
ARCHITECTURE AND SITE APPLICATIONS S -13 -020 THROUGH S -13 -027
PROPERTY LOCATION: 258 UNION AVENUE
PROPERTY OWNER: VALLEY ONE INVESTMENT, LLC
APPLICANT: CHRIS KUMMERER
APPELLANT: SHAWN WANG, VALLEY ONE INVESTMENT, LLC
WHEREAS, the applicant requested approval of a Conditional Use Permit, Tentative
Map and Architecture and Site applications to construct eight residential condominiums.
WHEREAS, the Planning Commission previously considered the applications on
December 11, 2013 and voted to deny the Conditional Use Permit, Subdivision, and Architecture
and Site applications based on concerns about the proposed development intensity, the proposal
for detached condominium units, and the impact on the single - family homes located behind the
project site.
WHEREAS, the applicant appealed the decision of the Planning Commission based on
his belief that the Planning Commission erred in its decision in its decision in determining that
detached condominiums are not appropriate, not accepting a condominium form of ownership
and not evaluating the benefit of the proposed development to the Town; and
WHERAS, on March 17, 2014 the Town Council considered the appeal of the CUP,
Subdivision, and Architecture and Site applications. Following the public hearing and Council
discussion the Council adopted Resolution 2014 -013 granting the appeal and remanding the
ATTACHMENT 11
applications back to the Planning Commission for further consideration of the proposed project
pursuant to the Architecture and Site considerations, General Plan, Conditional Use Permit
criteria, and Subdivision Map Act in terms of the site layout and number of units.
WHEREAS, on June 11, 2014 the applicant submitted a revised application package for
the proposed project.
WHEREAS, on January 28, 2015 the Planning Commission held a public hearing and
considered the revised application package for the proposed project. The Planning Commission
continued the applications to February 25, 2015 with the following direction:
• To study the shade and shadow impacts to the neighbors, and return with potential
solutions, as needed, to address these impacts such as removing or modifying the second
stories.
WHEREAS, on February 25, 2015 the Planning Commission held a public hearing and
considered revised application package for the proposed project. The Planning Commission
approved the applications with a condition requiring rear Units 6, 7 and 8 be revised to be single-
story, not two - story.
WHEREAS, on March 23, 2015 Lee Quintana filed an appeal of the decision of the
Planning Commission approving the request to construct eight residential condominiums.
WHEREAS, this matter came before the Town Council for public hearing on June 2,
2015, and was regularly noticed in conformance with State and Town law.
WHEREAS, Town Council received testimony and documentary evidence from the
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 June 2, 2015, along with any and all subsequent reports and materials prepared
concerning this application.
WHEREAS, Council finds as follows:
A. The Council could not make one or more of the following, 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.
B. No significant impacts have been identified as a result of the project and a Mitigated
Negative Declaration and Mitigation Monitoring and Reporting Plan were approved
by the Planning Commission on December 11, 2013.
C. As required by Section 29.20.190 of the Town Code for granting a Conditional Use
Permit:
1. The proposed use of the property are essential or desirable to the public
convenience or welfare in that the redevelopment of the property will provide new
housing units;
2. The proposed use will not impair the integrity and character of the zone. The
project density will provide a transition between the townhouses to the north and
the duplexes to the south, will fit in to the existing streetscape, and will improve
the appearance of the site which has been vacant since 2001;
3. The proposed use would not be detrimental to public health, safety, or general
welfare as appropriate mitigation measures and conditions of approval have been
included to address potential traffic impacts; and
4. The proposed use of the property is in harmony with the various elements or
objectives of the General Plan and the purposes of the Town Code as detailed in
the December 11, 2013 Planning Commission report.
D. The proposed development is consistent with Policy HOU -8.1 of the Town's Housing
Element and addresses the Town's housing needs as identified in the Housing
Element.
E. The project was reviewed by staff and the Architectural Consultant and determined to
be in compliance with the Residential Design Guidelines. The units are well designed
and will each have a unique exterior design and color palette.
F. None of the following findings were made, as required by Section 66474 of the State
Subdivision Map Act to deny a subdivision application:
a. That the proposed map is not consistent with applicable general and specific plans
as specified in Section 65451.
b. That the design or improvement of the proposed subdivision is not consistent with
applicable general and specific plans.
c. That the site is not physically suitable for the type of development.
d. That the site is not physically suitable for the proposed density of development.
e. That the design of the subdivision or the proposed improvements are likely to
cause substantial environmental damage or substantially and avoidably injure fish
or wildlife or their habitat.
f. That the design of the subdivision or type of improvements is likely to cause
serious public health problems.
g. That the design of the subdivision or the type of improvements will conflict with
easements, acquired by the public at large, for access through or use of, property
within the proposed subdivision.
G. As required by Section 29.20.150 of the Town Code, the considerations in review of
an Architecture and Site application were all made in reviewing this project. The houses are well
designed, will fit the Union Avenue streetscape, and will be compatible with the surrounding
land uses.
NOW, THEREFORE, BE IT RESOLVED:
1. The appeal of the decision of the Planning Commission approving a request to
construct eight residential condominiums is denied and the applications are approved.
2. 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 2 "d day of June, 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
X M V RI SOS201� 1 ni n'55_ Dom 4ppca Ldoci
CONDITIONS OF APPROVAL
258 Union Avenue
Conditional Use Permit Application U -13 -012
Subdivision Application M -13 -004
Architecture and Site Applications S -13 -20 through S -13 -027
Requesting approval to construct eight residential condominiums on property zoned C -I. An
Initial Study and Mitigated Negative Declaration were prepared for the previously proposed
project and the Planning Commission certified the Mitigated Negative Declaration and adopted
the Mitigation Monitoring Plan on December 11, 2013. No further environmental analysis is
required for this project. APN 527 -44 -012 and 013.
APPLICANT: Chris Kummerer, CKA Architects
PROPERTY OWNER: Valley One Investment, LLC
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 by the Planning Commission on December 10, 2014, and noted as received by
the Town on November 8, 2014. Any changes or modifications to the approved plans
shall be approved by the Community Development Director or the Planning Commission,
depending on the scope of the changes.
2. EXPIRATION. The Conditional Use Permit, Tentative Map, and Architecture and Site
approvals will expire two years from the approval date pursuant to Section 29.20.320 of
the Town Code, unless the approval is used prior to expiration.
3. 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.
4. UNIT 6, 7, AND 8: These units shall be modified to be single story homes prior to the
submittal of Building Permit applications. The single story homes can be built to the
required 20 foot setback on the east side of the lot.
5. BELOW MARKET PRICE (BMP) UNIT. The developer shall provide one (1) for -sale
BMP unit (80% of area median income) to be sold at a price that is affordable to the
target household income range, as required by the Town's BMP Program Guidelines and
the BMP Resolution in place at the time of building permit issuance. A deed restriction
shall be recorded prior to the issuance of any building permits, stating that the BMP unit
must be sold and maintained as a below market price unit pursuant to the Town's BMP
Ordinance and Guidelines. The BMP unit shall be provided prior to final inspection and
issuance of an occupancy permit for the fifth market rate unit.
EXE[IBIT A
ofAttachment I I
Conditions of Approval
258 Union Avenue — U -13 -012, M -13 -004, 5 -13 -020 through 5 -13 -027
Page 2 of 14
6. AFFORDABLE HOUSING AGREEMENT. Prior to issuance of building permits, the
developer shall enter into an Affordable Housing Agreement with the Town for provision
of the required BMP unit and to facilitate its sale pursuant to the BMP Program
Guidelines and BMP Resolution in place at the time of building permit issuance.
7. FENCING. An eight foot high fence is permitted for the section of the private yard for
unit 3 that faces Union Avenue. A two foot extension may be added to the wall on the
rear property line, bringing the overall height to eight feet.
8. 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.
9. GREEN BUILDING. The new residences 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.
10. 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.
11. TREE REMOVAL PERMIT. This Permit does not authorize the removal of any trees.
A Tree Removal Permit shall be issued for any trees to be removed. Replacement and
screening trees and on -site landscaping shall be planted, prior to final inspection.
12. TREE FENCING. Protective tree fencing shall be placed at the drip line of the existing
trees in the vicinity of construction prior to issuance of any permits and shall remain
through all phases of construction. Fencing shall be six foot high cyclone attached to
two -inch diameter steel posts drive 18 inches into the ground and spaced no further than
10 feet apart.
13. TREE PRESERVATION. All recommendations of the Town's Consulting Arborist shall
be followed throughout all phases of construction. Refer to the report prepared by
Deborah Ellis dated March 6, 2013 for details. Tree protection specifications shall be
printed on the construction plans.
14. CULTURAL RESOURCES MITIGATION MEASURE CUL -1.
a. Construction personnel involved with earthmoving shall be alerted to the potential
for the discovery of prehistoric materials and concentrations of historic artifacts.
Prehistoric archaeological resources could include but are not be limited to the
following: darker than surrounding soils of a friable nature, concentrations of
stone, bone or fresh water shellfish, artifacts of these materials, and evidence of
fire (ash, charcoal, fire altered earth or rock) and burials, both human and animal.
b. In the event that archaeological traces are encountered, all construction within a
20 -foot radius of the find shall be halted, the Community Development Director
shall be notified, and an archaeologist shall be retained to examine the find and
make appropriate recommendations.
C. In the event that it appears finther earthmoving will affect a resource eligible for
the California Register of Historic Resource (CRHR), a plan for evaluation of the
resource through limited hand excavation should be submitted to the Town
Planning Office for approval. If evaluative testing demonstrates that the project
Conditions of Approval
258 Union Avenue — U -13 -012, M -13 -004, S -13 -020 through S -13 -027
Page 3 of 14
will affect a CRHR eligible resource, a plan for the mitigation of impacts to the
resource should be submitted to the Community Development Department for
approval before construction is allowed inside the zone designated as
archaeologically sensitive.
d. Mitigation can take the form of additional data retrieval through hand excavation
combined with archaeological monitoring of all additional soil removal inside the
zone of archaeological sensitivity to ensure that significant cultural resources are
recorded and/or removed for further analysis before work is allowed to
recommence.
15. HAZARDS AND HAZARDOUS MATERIALS MITIGATION MEASURE HAZ -1.
The project sponsor, working with the Town of Los Gatos and County of Santa Clara
Household Hazardous Waste program, shall implement a Buyer Education Program for
Household Hazardous Waste. The program shall include developing materials to educate
buyers about the identification of household hazardous wastes, appropriate disposal
methods, and how to make an appointment for disposal. At a minimum, the materials
shall provide a list of example household hazardous wastes, discuss the environmental
impacts of improper disposal, explain how to make an appointment for disposal, and list
safer and less toxic alternatives to hazardous products commonly used. The educational
materials shall be provided to the buyer at the time of purchase.
16. NOISE MITIGATION MEASURE N0I -1. The recommendations of the Edward L. Pack
Associates, Inc. noise assessment study (dated July 16, 2013, Attachment 6 of the Initial
Study) shall be added to project plans. These recommendations specify construction of
an eight -foot high acoustically- effective barrier at the rear of Lot 3 to connect the house
on Lot 2 with the house on Lot 3 (see Figure 1 of Attachment 6 of the Initial Study). The
barrier height is in reference to the nearest rear yard ground elevation. This barrier would
also provide acceptable noise shielding for the side yard of Lot 2. With an eight -foot
high barrier at the specified location, both the Town's long -term noise goal of 55 dBA
(DNL) and /or Town noise guideline of 60 dBA (DNL) would be met. If a lower barrier
height is desired for aesthetic reasons, the following alternative barrier heights would
result in the following noise exposures (all would meet the 60 -dB Town noise guideline,
but only an eight -foot high barrier would meet the Town's 55 -dB noise goal):
Barrier Height Reduced Noise Level
8 feet 54 dB (DNL)
7 feet 56 dB (DNL)
6 feet 57 dB (DNL)
17. STORY POLES. The story poles on the project site shall be removed within 30 days of
approval of the Architecture and Site application.
Building Division
18. PERMITS REQUIRED. A demolition permit is required for the demolition of the
existing building and building permits are required for the construction of the four new
residences. Separate permits are required for electrical, mechanical and plumbing work
as necessary.
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
Conditions of Approval
258 Union Avenue — U -13 -012, M -13 -004, 5 -13 -020 through S -13 -027
Page 4of14
prepared and submitted with the building permit application detailing how the Conditions
of Approval will be addressed.
20. BUILDING ADDRESSES. Submit requests for new building addresses to the Building
Division prior to submitting for the building permit application process.
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 (California Building Chapter 18).
22. SIZE OF PLANS. Four sets of construction plans, maximum size 24" x 36."
23. FOUNDATION INSPECTIONS. A pad certificate prepared by a licensed civil engineer
or land surveyor may be required to 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
d. Retaining Walls
24. TITLE 24 ENERGY COMPLIANCE. California Title 24 Energy Compliance forms CF-
1 R, MF -1 R, and WS -5R must be blue -lined on the plans.
25. TOWN FIREPLACE STANDARDS. New wood burning fireplaces shall be an EPA
Phase II approved appliance as per Town Ordinance 1905. Tree limbs within 10 feet of
chimneys shall be cut.
26. RESIDENTIAL TOWN ACCESSIBILITY STANDARDS. The residence shall be
designed with adaptability features for single family residences per Town Resolution
1994 -61:
a. Wooded backing (2 -inch x 8 -inch 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 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
27. 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 on drainage piping serving fixtures that have flood
level rims less than 12- inches above the elevation of the next upstream manhole.
28. SPECIAL INSPECTIONS. When a special inspection is required by CBC 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
Conditions of Approval
258 Union Avenue — U -13 -012, M -13 -004, 5 -13 -020 through S -13 -027
Page 5 of 14
parties, and be blue -lined on the construction plans. Special Inspection forms are
available from the Building Division Service Counter or at www.losgatosca.gov /building.
29. NONPOINT SOURCE POLLUTION STANDARDS. The Town standard Santa Clara
Valley Nonpoint Source Pollution Control Program sheet (or 2406 Clean Bay sheet)
shall be part of the plan submittal as the second page. The specification sheet is available
at the Building Division Counter for a fee of $2 or at San Jose Blue Print for a fee.
30. APPROVALS REQUIRED. The project requires the following departments and
agencies approval before issuing a building permit:
a. Community Development - Planning Division: Joel Paulson (408) 354 -6879
b. Engineering/Parks & Public Works Department: Trang Tu- Nguyen (408) 354 -5236
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 & PUBLIC WORKS:
Engineering Division
31. AIR QUALITY MITIGATION MEASURE AQ -1. The following BAAQMD-
recommended Basic Construction Mitigation Measures shall be included in the project's
grading plan, building plans, and contract specifications:
a. All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas,
and unpaved access roads) shall be watered two times per day.
b. All haul trucks transporting soil, sand, or other loose material off -site shall be
covered.
C. All visible mud or dirt track -out onto adjacent public roads shall be removed
using wet power vacuum street sweepers at least once per day. The use of dry
power sweeping is prohibited.
d. All vehicle speeds on unpaved roads shall be limited to 15 mph.
e. All roadways, driveways, and sidewalks to be paved shall be completed as soon
as possible.
f Idling times shall be minimized either by shutting equipment off when not in use
or reducing the maximum idling time to five minutes (as required by the
California airborne toxics control measure Title 13, Section 2485 of California
Code of Regulations [CCR]). Clear signage shall be provided for construction
workers at all access points.
g. All construction equipment shall be maintained and properly tuned in accordance
with manufacturer's specifications. All equipment shall be checked by a certified
mechanic and determined to be running in proper condition prior to operation.
h. Post a publicly visible sign with the telephone number and person to contact at the
Town regarding dust complaints. This person shall respond and take corrective
action within 48 hours. The BAAQMD's phone number shall also be visible to
ensure compliance with applicable regulations.
Conditions of Approval
258 Union Avenue — U -13 -012, M -13 -004, 5 -13 -020 through S -13 -027
Page 6 of 14
32. GEOLOGY AND SOLIS MITIGATION MEASURE GEO -1. The recommendations of
the Murray Engineers geotechnical investigation (March 27, 2013), Post - Tensioned Slab
Recommendations (June 4, 2013), and any subsequent geotechnical investigations shall
be incorporated in the final construction plans for the proposed project (Attachment 4 of
the Initial Study). These recommendations address removal of non - engineered soft
geologic materials and replacement with engineered fill or compacted materials as well as
appropriate design of the building foundations and building slab to avoid damage from
differential settlement.
33. APPROVAL. This application shall be completed in accordance with all the conditions
of approvals listed below and in substantial compliance with the latest reviewed and
approved development plans. Any changes or modifications to the approved plans or
conditions of approvals shall be approved by the Town Engineer
34. 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.
35. OVERLAY. A half street pavement overlay along the full property frontage will be
required prior to issuance of the first certificate of occupancy.
36. 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. It is the responsibility of the applicant/developer to obtain any necessary
encroachment permits from affected agencies and private parties, including but not
limited to, Pacific Gas and Electric (PG &E), SBC, Comcast, Santa Clara Valley Water
District, California Department of Transportation. Copies of any approvals or permits
must be submitted to the Town Engineering Department prior to releasing of any permit.
37. PUBLIC WORKS INSPECTIONS. The developer or representative shall notify the
Engineering Inspector at least 24 -hours before starting any work pertaining to on -site
drainage facilities. Grading or paving, and all work in the public right -of -way. Failure to
do so will result in rejection of work that went on without an inspection.
38. 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.
39. SITE SUPERVISION. The general contractor shall provide qualified supervision on the
job site at all times during construction.
Conditions of Approval
258 Union Avenue— U -13 -012, M -13 -004, 5 -13 -020 through 5 -13 -027
Page 7 of 14
40. STREET /SIDEWALK CLOSURE. Any proposed blockage or partial closure of the
sidewalk requires an encroachment permit. Special provisions such as limitations on
work hours, protective enclosures or other means to facilitate public access in a safe
manner may be required.
41. PLAN CHECK FEES. Plan check fees shall be deposited with the Town prior to plan
review at the Engineering Division of the Parks and Public Works Department.
42. INSPECTION FEES. Inspection fees shall be deposited with the Town prior to issuance
of any Permit or recordation of the Final Map.
43. DESIGN CHANGES. Any proposed change(s) to the approved plans is /are subject to
approval of the Town prior to start of altered work. The project engineer shall notify the
Town Engineer in writing at least 72 hours in advance of proposed changes. Any
approved changes shall be incorporated in the "as- built" plans.
44. 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 Division on E. Main Street is needed for
grading within the building footprint.
45. DRAINAGE IMPROVEMENTS. Prior to the recordation of a subdivision map (except
maps for financing and conveyance purposes only) or prior to the issuance of any
grading/improvement permits, whichever comes first, 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 recorded copy of any required easements to the Town.
46. TREE REMOVAL. Copies of all necessary tree removal permits shall be provided prior
to issuance of a grading permit.
47. 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
48. PRECONSTRUCTION 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 read and understand the project conditions
of approval, and will make certain that all project sub - contractors have read 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.
Conditions of Approval
258 Union Avenue — U -13 -012, M- 13- 004,S -13 -020 through S -13 -027
Page 8 of 14
49. 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.
50. FINAL MAP. A final map shall be recorded. Two copies of the final 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 any permits for new construction are
issued.
51. WEST VALLEY SANITATION DISTRICT. All sewer connection and treatment plant
capacity fees shall be paid either immediately prior to recordation of the parcel map or
immediately prior to issuance of sewer connection permits, whichever occurs first.
Written confirmation of payment of these fees shall be provided prior to recordation of
the parcel map.
52. PRIVATE UTILITIES - STREET. Prior to the recordation of a subdivision map the
applicant/subdivider shall place a note on the map, in a manner that meets the approval of
the Town Engineer that states: "The private streets, utilities constructed within this map
shall be owned, operated and maintained by the developer, successors or assigns."
53. DEDICATIONS. The following shall be dedicated on the parcel map by separate
instrument. The dedication shall be recorded before any permits are issues:
a. Public Service Easement (PSE). Five -foot wide, next to the Union Avenue right -
of -way.
54. SOILS REPORT. One copy of the soils and geologic report shall be submitted with the
application. The soils report shall include specific criteria and standards governing site
grading, drainage, pavement design, retaining wall design and erosion control. 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.
55. 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.
56. 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.
57. JOINT TRENCH PLANS. Joint trench plans shall be reviewed and approved by the
Town prior to recordation of the final map. The joint trench plans shall include street
and /or site lighting and associated photometrics. A letter shall be provided by PG &E
stating that public street light billing will by Rule LS2A, and that private lights shall be
metered with billing to the homeowners association. Pole numbers, assigned by PG &E,
shall be clearly delineated on the plans.
Conditions of Approval
258 Union Avenue— U -13 -012, M -13 -004, S -13 -020 through S -13 -027
Page 9 of 14
58. WATER DESIGN. Water plans prepared by SJWC must be reviewed and approved prior
to issuance of any permit.
59. UTILITIES. The Developer shall install all new, relocated, or temporarily removed
utility services, including telephone, electric power and all other communications lines
underground, as required by Town Code Section 27.50.015(b). All new utility services
shall be placed underground. Underground conduit shall be provided for cable television
service. Applicant is required to obtain approval of all proposed utility alignments from
any and all utility service providers. The Town of Los Gatos does not approve or imply
approval for final alignment or design of these facilities.
60. SIDEWALK CLOSURE. Any proposed blockage or partial closure of the sidewalk
requires an encroachment permit. Special provisions such as limitations on works hours,
protective enclosures, or other means to facilitate public access in a safe manner may be
required.
61. SIDEWALK REPAIR. The developer shall repair and replace to existing Town
standards any sidewalk damaged now or during construction of this project. Sidewalk
repair shall match existing color, texture and design, and shall be constructed per Town
Standard Details.
62. 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.
63. DRIVEWAY APPROACH. The developer shall install two (2) Town standard
residential driveway approaches. The new driveway approach shall be constructed per
Town Standard Details.
64. AS -BUILT PLANS. 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
Traffic Control Devices (MUTCD), 2003, and standard construction practices. Final
construction plans and specifications shall be approved by the Town Engineer and
released for construction prior to the issuance of the encroachment permit.
65. TRAFFIC IMPROVEMENTS. Underground overhead electric feed to the street light at
frontage. Replace the light fixture with LED street light fixture. Repaint the pole as
required by Town Engineer. Restripe Union from Dowling Oak Ct to San Jose city limit
as directed by Town Engineer. Remove existing 2 -hour parking sign at project frontage.
66. TRAFFIC IMPACT MITGATION FEE (RESIDENTIAL). 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 will be determined using the current fee schedule. The final fee shall be
calculated form the final plans using the rate schedule in effect at the time the building
permit is issued.
Conditions of Approval
258 Union Avenue — U -13 -012, M -13 -004, 5 -13 -020 through 5 -13 -027
Page 10 of 14
67. TRAFFIC CONTROL PLAN. The project sponsor will be required to work with the
Engineering Division of the Parks and Public Works Department to develop a traffic
control plan for incorporation into the construction bid documents (specifications), and
this plan will include, but not be limited to, the following measures:
a. Construction activities shall be strategically timed and coordinated to minimize
traffic disruption for schools, residents, businesses, special events, and other
projects in the area. The schools located on the haul route shall be contacted to
help with the coordination of the trucking operation to minimize traffic disruption.
b. Flag persons shall be placed at locations necessary to control one -way traffic
flow. All flag persons shall have the capability of communicating with each other
to coordinate the operation.
C. Prior to construction, advance notification of all affected residents and emergency
services shall be made regarding one -way operation, specifying dates and hours of
operation.
68. CONSTRUCTION STREET PARKING. No vehicle having a manufacture'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 to approval
from the Town Engineer.
69. 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 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.
70. CONSTRUCTION MANAGEMENT PLAN. The Applicant shall submit a construction
management plan that shall incorporate at a minimum the Earth Movement Plan, Traffic
Control Plan, Project Schedule, site security fencing, employee parking, construction
staging area, construction trailer, and proposed outhouse locations.
71. HAULING OF SOIL. Hauling of soil on or off -site shall not occur during the morning or
evening peak 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 Inspectors to devise a traffic control plan to ensure safe and
efficient traffic flow under 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 and time of construction and hauling
activities, or providing additional traffic control. Coordination with other significant
projects in the area may also be required. Cover all trucks hauling soil, sand, and other
loose debris or require all trucks to maintain at least two feet of freeboard.
72. SANITARY SEWER LATERAL. Sanitary sewer laterals shall be televised by West
Valley Sanitation District and approved by the Town of Los Gatos before they are used
or reused. A sanitary sewer clean-out shall be installed at the property line.
Conditions of Approval
258 Union Avenue — U -13 -012, M -13 -004, 5 -13 -020 through S -13 -027
Page 11 of 14
73. 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
6.50.010 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.
74. STORMWATER MANAGEMENT. Construction activities including but not limited to
clearing, stockpiling, grading or excavation of land, which disturbs 1 acre or more which
are part of a larger common plan of development which disturbs less than 1 acre are
required to obtain coverage under the construction general permit with the State Water
Resources Control Board. You are required to provide proof of WDID# and keep a
current copy of the storm water pollution prevention plan (SWPPP) on the construction
site and shall be made available to the Town of Los Gatos Engineering and /or Building
Department upon request.
75. BEST MANAGEMENT PRACTICES (BMP's). The applicant is responsible for
ensuring that all contractors are aware of all storm water quality measures and such
measures are implemented. Best Management Practices (BMPs) shall be maintained and
be placed for all areas that have been graded or disturbed and for all material, equipment
and/or operations that need protection. Removal of BMPs (temporary removal during
construction activities) shall be placed at the end of each working day. Failure to comply
with the construction BMP will result in the issuance of correction notices, citations, or
stop orders.
76. STORMWATER DEVELOPMENT RUNOFF. All new development and redevelopment
projects are subject to the Stormwater development runoff requirements. Every applicant
shall submit a stormwater control plan and implement conditions of approval 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 as required by the Town.
77. 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.
Conditions of Approval
258 Union Avenue — U -13 -012, M -13 -004, 5 -13 -020 through 5 -13 -027
Page 12 of 14
78. 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.
79. EROSION CONTROL. Interim and final erosion control plans shall be prepared and
submitted to the Engineering Department of the Parks & Public Works Department. A
maximum of two weeks is allowed between clearing of an area and stabilizingibuilding
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, and erosion control plans shall be in compliance
with applicable measures contained in the amended provisions C.3 and C.14 of most
current Santa Clara County NPDES MRP Permit. The Town of Los Gatos Engineering
and Building Department 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.
80. 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 dust 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.
Streets 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 shall include at least
one late - afternoon watering to minimize 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.
81. 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 10' minimum from adjacent property line and /or
right of way.
Conditions of Approval
258 Union Avenue — U -13 -012, M -13 -004, S -13 -020 through 5 -13 -027
Page 13 of 14
82. STORM WATER MANAGEMENT PLAN. A storm water management shall be
included with the grading permit application for all Group 1 and Group 2 projects as
defined in the amended provisions C.3 of the Municipal Regional Stormwater NPDES
Permit, Order R2- 2009 -074. The plan shall delineate source control measures and BMP's
together with the sizing calculations. The plan shall be certified by a professional pre -
qualified by the Town. In the event that storm water measures proposed on the Planning
approval differ significantly from those certified on the Building/Grading Permit, the
Town may require a modification of the Planning approval prior to release of the
Building Permit. The applicant may elect to have the Planning submittal certified to avoid
this possibility.
83. AGREEMENT FOR STORMWATER BEST MANAGEMENT PRACTICES
INSPECTION AND MAINTENANCE OBLIGATIONS. The property
owner/homeowner's association shall enter into an agreement with the Town for
maintenance of the stormwater filtration devices required to be installed on this project
by Town's Stormwater Discharge Permit and all current amendments or modifications.
The agreement will specify that certain routine maintenance shall be performed by the
property owner/homeowner's association and will specify device maintenance reporting
requirements. The agreement will also specify routine inspection requirements, permits
and payment of fees. The agreement shall be recorded prior to release of any occupancy
permits.
84. 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.
85. GOOD HOUSEKEEPING. Good housekeeping practices shall be observed at all times
during the course of construction. Superintendence of construction shall be diligently
performed by a person or persons authorized to do so at all times during working hours.
The storing of goods and /or materials on the sidewalk and /or the street will not be
allowed unless a special permit is issued by the Engineering Division. 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.
86. 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 map.
87. ABOVE GROUND UTILITIES. The applicant shall submit a 75- percent progress
printing to the Town for review of above ground utilities including backflow prevention
devices, fire department connections, gas and water meters, off - street valve boxes,
hydrants, site lighting, electrical /communication/cable boxes, transformers, and mail
boxes. Above ground utilities shall be reviewed and approved by Community
Development prior to issuance of any permit.
Conditions of Approval
258 Union Avenue — U -13 -012, M -13 -004, S -13 -020 through S -13 -027
Page 14 of 14
88. ABOVE GROUND UTILITIES. The applicant shall submit a 75- percent progress
printing to the Town for review of above ground utilities including backflow prevention
devices, fire department connections, gas and water meters, off - street valve boxes,
hydrants, site lighting, electrical /communication/cable boxes, transformers, and mail
boxes. Above ground utilities shall be reviewed and approved by Community
Development prior to issuance of any permit.
89. PRIVATE EASEMENTS. Agreements detailing rights, limitations, and responsibilities
of involved parties shall accompany each private easement. The easements and associated
agreements shall be recorded simultaneously with the final map.
TO THE SATISFACTION OF THE SANTA CLARA COUNTY FIRE DEPARTMENT:
90. AUTOMATIC FIRE SPRINKLER SYSTEM REQUIRED. An approved automatic fire
sprinkler system is required for the new residence, hydraulically designed per National
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.
91. POTABLE WATER SUPPLIES. Potable water supplies shall be protected from
contamination caused by fire protection water supplies. The applicant shall contact the
providing water purveyor and shall comply with all requirements of that purveyor. The
fire sprinkler system shall be designed in compliance with water purveyor requirements;
final approval of the system will not be granted by the Fire Department until written
confirmation is received from the water purveyor.
92. FIRE APPARATUS (ENGINE) ACCESS DRIVEWAY REQUIRED. Provide access
driveways with a paved all weather surface, minimum unobstructed width of 12 feet,
vertical clearance of 13 feet 6- inches, minimum turning radius of 36 feet outside and 23
feet inside, and a maximum slope of 15 %. Installations shall conform to Fire Department
Standard Details and Specifications sheet D -1.
93. PULBIC FIRE HYRDANT(S) REQUIRED. Provide fire hydrant(s) at location(s) to be
determined by the Fire Department and San Jose Water Company. Maximum hydrant
spacing shall be 600 feet, with a minimum dingle hydrant flow of 1000 GPM at 20 psi,
residual. Fire hydrants shall be provided along required fir apparatus access roads and
adjacent public streets.
94. TIMING OF INSTALLATION. Fire apparatus access roads and water supply shall be
installed and made serviceable prior to and during construction except when an approved
alternative method of protection is provided. Temporary street signs shall be installed at
each street intersection when construction of new roadways allows passage by vehicles.
95. PREMISE IDENTIFICATION. Approved addresses shall be placed on all new buildings
so they are clearly visible and legible from Union Avenue. Numbers shall be a minimum
of four inches high and shall contrast with their background.
N:\DEV\CONDITIONS\2015\Union258.doc
Draft Resolution to
be modified by Town
RESOLUTION 2015- Council deliberations
and direction.
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
GRANTINING AN APPEAL OF THE DECISION OF THE PLANNING COMMISSION
APPROVING A REQUEST TO CONSTRUCT EIGHT RESIDENTIAL
CONDOMINIUMS ON PROPERTY ZONED CI AND REMANDING THE MATTER
TO THE PLANNING COMMISSION FOR FURTHER CONSIDERATION
APN: 527 -44 -012 AND 527 -44 -013
CONDITIONAL USE PERMIT APPLICATION: U -13 -012
SUBDIVISION APPLICATION M -13 -004
ARCHITECTURE AND SITE APPLICATIONS 5 -13 -020 THROUGH 5 -13 -027
PROPERTY LOCATION: 258 UNION AVENUE
PROPERTY OWNER: VALLEY ONE INVESTMENT, LLC
APPLICANT: CHRIS KUMMERER
APPELLANT: SHAWN WANG, VALLEY ONE INVESTMENT, LLC
WHEREAS, the applicant requested approval of a Conditional Use Permit, Tentative
Map and Architecture and Site applications to construct eight residential condominiums.
WHEREAS, the Planning Commission previously considered the applications on
December 11, 2013 and voted to deny the Conditional Use Permit, Subdivision, and Architecture
and Site applications based on concerns about the proposed development intensity, the proposal
for detached condominium units, and the impact on the single- family homes located behind the
project site.
WHEREAS, the applicant appealed the decision of the Planning Commission based on
his belief that the Planning Commission erred in its decision in its decision in determining that
detached condominiums are not appropriate, not accepting a condominium form of ownership
and not evaluating the benefit of the proposed development to the Town; and
WHERAS, on March 17, 2014 the Town Council considered the appeal of the CUP,
Subdivision, and Architecture and Site applications. Following the public hearing and Council
ATTACHMENT 12
discussion the Council adopted Resolution 2014 -013 granting the appeal and remanding the
applications back to the Planning Commission for further consideration of the proposed project
pursuant to the Architecture and Site considerations, General Plan, Conditional Use Permit
criteria, and Subdivision Map Act in terms of the site layout and number of units.
WHEREAS, on June 11, 2014 the applicant submitted a revised application package for
the proposed project.
WHEREAS, on January 28, 2015 the Planning Commission held a public hearing and
considered the revised application package for the proposed project. The Planning Commission
continued the applications to February 25, 2015 with the following direction:
• To study the shade and shadow impacts to the neighbors, and return with potential
solutions, as needed, to address these impacts such as removing or modifying the second
stories.
WHEREAS, on February 25, 2015 the Planning Commission held a public hearing and
considered revised application package for the proposed project. The Planning Commission
approved the applications with a condition requiring rear Units 6, 7 and 8 be revised to be single-
story, not two - story.
WHEREAS, on March 23, 2015 Lee Quintana filed an appeal of the decision of the
Planning Commission approving the request to construct eight residential condominiums.
WHEREAS, this matter came before the Town Council for public hearing on June 2,
2015, and was regularly noticed in conformance with State and Town law.
WHEREAS, Town Council received testimony and documentary evidence from the
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 June 2, 2015, along with any and all subsequent reports and materials prepared
concerning this application.
WHEREAS, Council finds as follows:
A. One or more of the following, 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.
NOW, THEREFORE, BE IT RESOLVED:
1. The appeal of the decision of the Planning Commission approving a request to
construct eight residential condominiums is granted and the applications are remanded to
Planning Commission for further consideration.
2. The decision does not constitute a final administrative decision and the
application will be returned to Planning Commission for further consideration.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of
Los Gatos, California, held on the 2nd day of June, 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
1, . UI A RttiUS %U I, I li',l"N Rcm "Ild dote
RESOLUTION 2015-
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
GRANTING AN APPEAL OF THE DECISION OF THE PLANNING COMMISSION
APPROVING A REQUEST TO CONSTRUCT EIGHT RESIDENTIAL
CONDOMINIUMS ON PROPERTY ZONED C1
APN: 527 -44 -012 AND 527 -44 -013
CONDITIONAL USE PERMIT APPLICATION: U -13 -012
SUBDIVISION APPLICATION M -13 -004
ARCHITECTURE AND SITE APPLICATIONS S -13 -020 THROUGH 5 -13 -027
PROPERTY LOCATION: 258 UNION AVENUE
PROPERTY OWNER: VALLEY ONE INVESTMENT, LLC
APPLICANT: CHRIS KUMMERER
APPELLANT: SHAWN WANG, VALLEY ONE INVESTMENT, LLC
WHEREAS, the applicant requested approval of a Conditional Use Permit, Tentative
Map and Architecture and Site applications to construct eight residential condominiums.
WHEREAS, the Planning Commission previously considered the applications on
December 11, 2013 and voted to deny the Conditional Use Permit, Subdivision, and Architecture
and Site applications based on concerns about the proposed development intensity, the proposal
for detached condominium units, and the impact on the single - family homes located behind the
project site.
WHEREAS, the applicant appealed the decision of the Planning Commission based on
his belief that the Planning Commission erred in its decision in its decision in determining that
detached condominiums are not appropriate, not accepting a condominium form of ownership
and not evaluating the benefit of the proposed development to the Town; and
WHERAS, on March 17, 2014 the Town Council considered the appeal of the CUP,
Subdivision, and Architecture and Site applications. Following the public hearing and Council
discussion the Council adopted Resolution 2014 -013 granting the appeal and remanding the
ATTACHMENT 13
applications back to the Planning Commission for further consideration of the proposed project
pursuant to the Architecture and Site considerations, General Plan, Conditional Use Permit
criteria, and Subdivision Map Act in terms of the site layout and number of units.
WHEREAS, on June 11, 2014 the applicant submitted a revised application package for
the proposed project.
WHEREAS, on January 28, 2015 the Planning Commission held a public hearing and
considered the revised application package for the proposed project. The Planning Commission
continued the applications to February 25, 2015 with the following direction:
• To study the shade and shadow impacts to the neighbors, and return with potential
solutions, as needed, to address these impacts such as removing or modifying the second
stories.
WHEREAS, on February 25, 2015 the Planning Commission held a public hearing and
considered revised application package for the proposed project. The Planning Commission
approved the applications with a condition requiring rear Units 6, 7 and 8 be revised to be single-
story, not two - story.
WHEREAS, on March 23, 2015 Lee Quintana filed an appeal of the decision of the
Planning Commission approving the request to construct eight residential condominiums.
WHEREAS, this matter came before the Town Council for public hearing on June 2,
2015, and was regularly noticed in conformance with State and Town law.
WHEREAS, Town Council received testimony and documentary evidence from the
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 June 2, 2015, along with any and all subsequent reports and materials prepared
concerning this application.
WHEREAS, Council finds as follows:
A. The Council made one or more of the following, 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.
B. One or more of the following findings required by Section 29.20.190 of the Town
Code for granting a Conditional Use Permit could not be made:
1. The proposed use of the property is essential or desirable to the public
convenience or welfare;
2. The proposed use will not impair the integrity and character of the zone;
3. The proposed use would not be detrimental to public health, safety, or general
welfare; and
4. The proposed use of the property is in harmony with the various elements or
objectives of the General Plan and the purposes of the Town Code.
C. The proposed development is not consistent with Policy HOU -8.1 of the Town's
Housing Element does not address the Town's housing needs as identified in the
Housing Element.
D. The project is not in compliance with the Town Code and Residential Design
Guidelines for single- family homes not in hillside residential areas.
E. One or more of the following findings were made, as required by Section 66474 of
the State Subdivision Map Act to deny a subdivision application:
a. That the proposed map is not consistent with applicable general and specific plans
as specified in Section 65451.
b. That the design or improvement of the proposed subdivision is not consistent with
applicable general and specific plans.
c. That the site is not physically suitable for the type of development.
d. That the site is not physically suitable for the proposed density of development.
e. That the design of the subdivision or the proposed improvements are likely to
cause substantial environmental damage or substantially and avoidably injure fish
or wildlife or their habitat.
f. That the design of the subdivision or type of improvements is likely to cause
serious public health problems.
g. That the design of the subdivision or the type of improvements will conflict with
easements, acquired by the public at large, for access through or use of, property
within the proposed subdivision.
F. Considerations required by Section 29.20.150 of the Town Code for 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 approving a request to construct eight
residential condominiums is granted and the applications are denied.
2. 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 2nd day of June, 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
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