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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 BE IT RESOLVED: A. The Town Council hereby finds that Joan Banks has withdrawn her appeal; however, that other persons residing near the proposed development wish to proceed with the appeal of the approval of the project.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. 2 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. 3 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. 11 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 a: \cnci rpts \ban ks.tcr 5 'LOSGATOS