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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 DI D R! SUS >1uI5 i ) ..... SX (wim A1'1),116"', This Page Intentionally Left Blank