1990-014-Approval Of Three-Lot Subdivision, Demolition Of An Existing Single-Family Residence And Secondary Dwelling Unit, And Construction Of Three New Detached Single-Family Residences On Property In The R-1:8000 ZoneRESOLUTION 1990 - 14
RESOLUTION OF THE TOWN OF LOS GATOS DENYING APPEAL OF
PLANNING COMMISSION APPROVAL OF A THREE -LOT SUBDIVISION,
DEMOLITION OF AN EXISTING SINGLE - FAMILY RESIDENCE AND
SECONDARY DWELLING UNIT, AND CONSTRUCTION OF THREE NEW
DETACHED SINGLE - FAMILY RESIDENCES ON PROPERTY IN THE
R- 1:8000 ZONE
(15296 NATIONAL AVENUE - HAL NELSON)
WHEREAS:
A. Joan Banks has appealed a decision of the Planning Commission as follows:
approval of a three -lot subdivision, demolition of an existing single- family residence and
secondary dwelling unit, and construction of three new detached single- family residences
on property in the R- 1:8000 zone on property located at 15296 National Avenue and owned
by Florence Frye and applied for by Hal Nelson (Subdivision Application M -89 -9 and
Architecture and Site Application 5- 89 -51); and
B. A public hearing was held by the Town Council on January 2, 1990.
BE IT RESOLVED:
A. The Town Council hereby finds that Joan Banks has withdrawn her appeal;
however, that other persons residing near the proposed development wish to proceed with
the appeal of the approval of the project.
B. The Town Council hereby further finds that no evidence or testimony was
presented that the decision of the Planning Commission was in error in granting the
subdivision application for a three -lot subdivision.
C. The Town Council hereby further finds that there are no reasons for denial of
the subdivision pursuant to Government Code Section 66474.
D. The Town Council hereby further makes the findings pursuant to Town Zoning
Ordinance Section 3.65.040 that this particular demolition would not be reducing the Town's
housing stock but would be additional units to what is being removed; there is no historical
architecturally significant structure to be preserved; and the property owner does not wish
to maintain the structure, negatively affecting its economic utility.
E. The Town Council further finds that due to privacy concerns, the bathroom
windows in the house located on Lot C which face the adjoining property should be of
frosted glass.
D. Based on the foregoing findings, the appeal is denied, Subdivision Application
M -89 -9 is approved, the application for demolition of an existing single - family residence and
a secondary dwelling unit and construction of three new residences is approved and
Architecture and Site Application S -89 -51 is approved subject to the following conditions:
TO THE SATISFACTION OF THE PLANNING DIRECTOR:
1. A Tree Removal Permit shall be obtained prior to the issuance of a Building
Permit.
2. Each residence shall be pre - plumbed for solar water heaters.
3. No permits shall be issued for the new single - family residences until the parcel
map has been recorded.
4. The house to be located on Lot C have the bathroom windows which face the
adjoining property be of frosted glass.
TO THE SATISFACTION OF THE TOWN ENGINEER:
5. Final grading, drainage, sanitary sewer, driveway, utility, and public right -of -way
improvement plans shall be provided.
6. A soils and geologic report shall be prepared which provides specific criteria and
standards governing site grading and drainage. A registered civil engineer,
specializing in soil mechanics, should be included in the group that prepares this
report.
7. A well information questionnaire (available through the Town Engineer) shall be
completed.
8. A parcel map shall be filed.
9. The following shall be dedicated:
a. National Avenue: a 30 -foot half- street right -of -way.
b. Drakes Bay Avenue: a 30 -foot half- street right -of -way with the chord of
a 20 -foot radius return at the intersection.
c. Ingress- egress, storm drain, sanitary sewer and public service easements
as required.
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10. The following improvements shall be guaranteed by contract, Faithful
Performance Security, Labor & Materialman's Security, insurance, and completed
prior to the occupancy of any new building:
a. National Avenue: curb, gutter and five and one -half foot sidewalk, tie -in
paving and street lighting.
b. Drakes Bay Avenue: revise alignment, including curb, gutter, five foot
sidewalks, signing, handicapped ramp, and street widening as required.
c. Sanitary sewer and storm drainage improvements, as required.
11. Payment of a one percent (1 %) in lieu fee for capacity improvements at the
intersections of Lark Avenue and Highway 17 to Los Gatos Boulevard.
12. An agreement shall be entered into guaranteeing payment of 1% of the cost of
a traffic signal at the intersection of Los Gatos - Almaden Road and National Avenue.
13. All documents, contracts, bonds, insurance, as applicable, shall be provided prior
to recordation of any final map or issuance of any permits.
14. Active cable television service shall be provided to each lot.
15. All lots shall be surveyed and monumented (set pipes) prior to construction.
16. The applicant shall make safety improvements to the island in Drakes Bay
Avenue.
17. Any utility trench within the dripline of existing trees shall be hand dug.
18. The applicant shall enter into a two -year Tree Maintenance Agreement for
existing and newly planted trees.
TO THE SATISFACTION OF THE DIRECTOR OF PARKS, FORESTRY &
MAINTENANCE SERVICES:
19. Newly planted trees shall be double- staked, using rubber tree -ties and shall be
planted prior to occupancy.
20. No irrigation or planting shall be permitted under the dripline of existing native
trees.
21. All tree care activities shall be accomplished by a licensed, competent tree care
firm as approved by and under the supervision of the Director of Parks, Forestry and
Maintenance Services.
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22. Prior to any construction or building permits being issued, the applicant shall
meet with the Director of Parks, Forestry & Maintenance Services concerning the
need for protective fencing around the existing trees. A plan for such protective
fencing demonstrating type and location shall be submitted to the Planning Director
after being approved by the Director of Parks, Forestry & Maintenance Services.
Such fencing is to be installed prior to, and be maintained during, construction.
23. Any impervious surface encroaching under the dripline of existing trees must be
constructed out of interlocking pavers or have aeration tubes installed.
24. Proposed turf shall be a tall fescue type to conserve water.
TO THE SATISFACTION OF THE BUILDING OFFICIAL:
25. The single - family dwelling shall be designed to include the following features:
a. Wheelchair reachable light switches, thermostat controls and electrical
outlets.
b. Door handles rather than knobs.
c. Wooden backing in bathroom walls to allow structural strength for addition
of grab bars by the occupants.
d. Faucets and shower controls operable with one hand requiring a minimal
amount of rasping with exception of those used on vanity faucets.
e. All doors at least 32 inches wide.
f. Two outside door thresholds no higher than 1/2 inch above landings.
Landings to be at least five feet by five feet.
Pursuant to Los Gatos Town Code Section 1 -15, the time for seeking judicial review
for the Town Council decision is governed by California Code of Civil Procedure Section
1094.6.
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PASSED AND ADOPTED at a regular meeting of the Town Council of the Town
of Los Gatos, California, held on the 16th day of January, 1990 by the following vote.
COUNCIL MEMBERS:
AYES: Joanne Benjamin, Robert L. Hamilton
Mayor Thomas J. Ferrito
NAYES: Brent N. Ventura
ABSENT: None
ABSTAIN: Eric D. Carlson
SIGNED:
OR OF THP�
LOS GATOS, C
ATTEST:
CLERK OF THE LN60 OS GATOS
LOS GATOS, CALIFORNIA
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