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Attachment 12 RESOLUTION 2019- RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DENYING AN APPEAL OF THE DECISION OF THE PLANNING COMMISSION APPROVING A REQUEST FOR CONSTRUCTION OF AN ADDITION TO AN EXISTING SECOND STORY OF A PRE-1941 SINGLE-FAMILY RESIDENCE ON PROPERTY ZONED R-1:8. APN 510-42-073 MINOR RESIDENTIAL DEVELOPMENT APPLICATION: MR-18-008 PROPERTY LOCATION: 11 PERALTA AVENUE APPELLANT: JOHN C. FOX APPLICANT: TONY JEANS PROPERTY OWNER: WENDY FAN KANDAAMY WHEREAS, on May 23, 2018, the Historic Preservation Committee reviewed the request for construction of an addition to an existing second story of a pre-1941 single family residence on property zoned R-1:8, found the project in conformance with the Residential Design Guidelines, and recommended approval to the Director of Community Development of the Minor Residential Development application with conditions. WHEREAS, on August 15, 2018, the Notice of Pending Approval for the application was mailed to surrounding property owners and occupants as required by the Town Code. The property owners and occupants had ten days from the Notice of Pending Approval in which to review the application and to notify the Planning Director in writing of any concerns. WHEREAS, on September 4, 2018, the Town received written objections from the neighbor at 9 Peralta Avenue with concerns that could not be resolved with the applicant. Pursuant to Town Code, the application was scheduled on the next available Planning Commission agenda for consideration. WHEREAS, on December 12, 2018, the Planning Commission continued the application without consideration to January 23, 2019 per the request of the objecting neighbor and the ATTACHMENT 12 Draft Resolution to be modified by Town Council deliberations and direction. applicant due to the applicant’s inadvertent inaccurate noticing of the hearing date which was sent to neighbors and posted at the site. WHEREAS, on January 23, 2019, the Historic Preservation Committee reviewed window modifications on the southern elevation proposed by the applicant to address the neighbor’s privacy concerns. The Historic Preservation Committee recommended approval of the request with conditions. WHEREAS, on January 23, 2019, the Planning Commission continued the application to February 13, 2019 per request of the objecting neighbor and three other members of the public who were not able to attend the January 23, 2019 hearing date. WHEREAS, on February 13, 2019, the Planning Commission held a public hearing and considered a request for construction of an addition to an existing second story of a pre-1941 single-family residence on property zoned R-1:8. The Planning Commission approved the Minor Residential Development application subject to additional conditions. WHEREAS, on February 25, 2019, the appellant filed an appeal of the decision of the Planning Commission approving the request for construction of an addition to an existing second story of a pre-1941 single-family residence on property zoned R-1:8. WHEREAS, this matter came before the Town Council for public hearing on April 2, 2019, and was regularly noticed in conformance with State and Town law. WHEREAS, the 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 April 2, 2019, along with any and all subsequent reports and materials prepared concerning this application. WHEREAS, the Town Council finds as follows: A. The Town 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. NOW, THEREFORE, BE IT RESOLVED: 1. The appeal of the decision of the Planning Commission approving a request for construction of an addition to an existing second story of a pre -1941 single family residence on property zoned R-1:8 is denied and the application is approved. 2. The Town Council hereby adopts all findings, considerations, and conditions of approval set forth in the documents attached as Exhibits A and B. 3. The decision constitutes a final administrative decision pursuant to Code of Civil Procedure section 1094.6 as adopted by section 1.10.085 of the Town Code of the Town of Los Gatos. Any application for judicial relief from this decision must be sought within the time limits and pursuant to the procedures established by Code of Civil Procedure section 1094.6, or such shorter time as required by state and federal Law. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 2nd day of April, 2019, by the following vote: COUNCIL MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: SIGNED: MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA DATE: ___________________ ATTEST: CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA DATE: ___________________ S:\COUNCIL REPORTS\2019\04-02-19\Peralta Ave Appeal\Attachment 12 - Draft Resolution to Deny the Appeal and Approve the Project.docx TOWN COUNCIL – April 2, 2019 REQUIRED FINDINGS FOR: 11 Peralta Avenue Minor Residential Development Application MR-18-008 Requesting approval for construction of an addition to an existing second story to a pre-1941 single-family residence on property zoned R-1:8. APN 510-42-073. PROPERTY OWNER: Wendy Fan Kandasamy APPLICANT: Tony Jeans FINDINGS Required finding for CEQA: ■ The project is Categorically Exempt pursuant to the adopted Guidelines for the Implementation of the California Environmental Quality Act, Section 15301: Existing Facilities. Required Compliance with the Residential Design Guidelines: ■ The project is in compliance with the Residential Design Guidelines for single -family homes not in hillside residential areas. EXHIBIT A This Page Intentionally Left Blank TOWN COUNCIL – April 2, 2019 CONDITIONS OF APPROVAL 11 Peralta Avenue Minor Residential Development Application MR-18-008 Requesting approval for construction of an addition to an existing second story to a pre-1941 single-family residence on property zoned R-1:8. APN 510-42-073. PROPERTY OWNER: Wendy Fan Kandasamy APPLICANT: Tony Jeans 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 and in substantial compliance with the approved plans (received January 31, 2019). Any changes or modifications to the approved plans and/or business operation shall be approved by the Community Development Director, DRC or the Planning Commission depending on the scope of the changes. 2. EXPIRATION: The approval will expire two years from the approval date pursuant to Section 29.20.320 of the Town Code, unless the approval has been vested. 3. STORY POLES: The story poles on the project site shall be removed within 30 days of approval of the Minor Residential application. 4. DEMOLITION AFFIDAVIT: The Town of Los Gatos Demolition Affidavit shall be reviewed and signed by all involved parties and submitted to Planning staff prior to issuance of building permits. 5. HISTORIC: The plans shall incorporate the recommendations made by the Historic Preservation Committee at the May 23, 2018 meeting and at the January 23, 2019 meeting. 6. GENERAL: All existing trees shown on the plan and trees required to remain or to be planted are specific subjects of approval of this plan, and must remain on the site. 7. TREE REMOVAL PERMIT: A Tree Removal Permit shall be obtained for any trees to be removed, prior to the issuance of a building or grading permit. 8. TREE PROTECTIVE FENCING: Protective tree fencing shall be installed per Town Code prior to issuance of building or demolition plans. 9. TREE STAKING: All newly planted trees shall be double-staked using rubber tree ties. 10. ARBORIST REQUIREMENTS: The developer shall implement, at their cost, all recommendations made by Monarch Consulting Arborists, LLC, identified in the Arborist’s report dated as received July 20, 2018, on file in the Community Development Department. A Compliance Memorandum shall be prepared by the applicant and submitted with the building permit application detailing how the recommendations have or will be addressed. These recommendations must be incorporated in the building permit plans, and completed prior to issuance of a building permit where applicable. a. The Coast Live Oak tree identified as Tree #476 in the arborist report received July 20, 2018 shall remain and be protected per the arborist’s recommendations. b. A licensed arborist shall monitor the Coast Live Oak tree identified as Tree #476 during demolition, construction of the new foundation and relocation of utilities. EXHIBIT B 11. PRIVACY 1-OBSCURE GLASS: Prior to issuance of a Certificate of Occupancy the two primary exterior doors on the south elevation shall utilize obscured glass to facilitate privacy with the neighboring. 12. PRIVACY 2-FENCING: Prior to issuance of a Certificate of Occupancy a new six-foot wood fence will be built on the southern property line between the existing fence and the Coast Live Oak, Tree #476 per approved development plans. 13. PRIVACY 3- LANDSCAPING: Prior to issuance of a Certificate of Occupancy privacy trees along the southern property line shall be a minimum of 12 feet in height, as shown on the approved plans as follows: a. Six 15-gallon screening shrubs shall be planted (Pittosporum, Podocarpus or equivalent). b. One 24-inch box tree medium evergreen canopy tree shall be planted (Bronze Loquat, Arbutus Marina or equivalent). c. Eight 15-gallon pittosporum or equivalent shall be planted per approved plans. 14. PRIVACY 4- WINDOWS: Window location and size shall be installed per the approved plans to address privacy between properties on the south and north elevations. 15. OUTDOOR LIGHTING: Exterior lighting shall be kept to a minimum, and shall be down directed fixtures that will not reflect or encroach onto adjacent properties. No flood lights shall be used unless it can be demonstrated that they are needed for safety or security. 16. HEIGHT: The maximum height of the building addition shall be a maximum of 30 feet. 17. LEGAL NON-CONFORMING ADU: The maximum size of the legal non-conforming Accessory Dwelling Unit (ADU) located on the below-grade area may not exceed 912 square feet. 18. FRONT YARD LANDSCAPE: Prior to issuance of a Certificate of Occupancy the front yard must be landscaped. 19. WATER EFFICIENCY LANDSCAPE ORDINANCE: The final landscape plan shall meet the requirements of the Town of Los Gatos Water Conservation Ordinance or the State Water Efficient Landscape Ordinance, whichever is more restrictive. Submittal of a Landscape Documentation Package pursuant to WELO is required prior to issuance of a building permit. 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. A completed WELO Certificate of Completion is required prior to final inspection/certificate of occupancy. 20. 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. 21. COMPLIANCE MEMORANDUM: A memorandum shall be prepared and submitted with the building plans detailing how the Conditions of Approval will be addressed. 22. GARAGES: Prior to the completion of the project as approved the applicant shall file all necessary applications to take the three existing garages on the subject property and make them into garages which otherwise comply with present requirements, and that action on pursuance of the permit be done forthwith in a responsible time.