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2001-018-Denying An Appeal Of A Decision Of The Planning Commission Approving Request To Subdivide A Residential Parcel Into Three Lots And To Demolish A Pre-1941 Single Family Residence On Property Zoned R-1:10 SubdivisRESOLUTION 2001-18 RESOLUTION OF THE TOWN OF LOS GATOS DENYING AN APPEAL OF A DECISION OF THE PLANNING COMMISSION APPROVING A REQUEST TO .SUBDIVIDE A RESIDENTIAL PARCEL INTO THREE LOTS AND TO DEMOLISH APRE-1941 SINGLE FAMILY RESIDENCE ON PROPERTY ZONED R-1:1D. SUBDIVISION APPLICATION: M-99-1 ARCHITECTURE AND SITE APPLICATION:. 5-99-40 PROPERTY LOCATION.: 130 NINA COURT PROPERTY OWNER: JERRELL WILSON, PAUL BOONB APPLICANT: DIVIDEND HOMES, INC.. APPELLANT: McMANIS FAULKNER & MORGAN WHEREAS: A. This matter came before Council for public hearing on January 8, 2001 and continued to February 5, 2001, on an appeal by McManis Faulkner & Morgan from a decision of the Planning Commission and was regularly noticed in conformance with State and Town aw. B. Council received testimony and documentary evidence from the appellant and all interested persons who wished to testify or submit documents. 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 dated January 4, 2001, January 3 1, 2001 and February 2, 2001 along with subsequent reports and materials ,prepared concerning this application. C. Applicant is requesting approval(Alternative 3) to subdivide a 1.5 gross acre parcel into three lots and to demolish a single family residence. The lots range in size from 12,540 square feet to 27,740 square feet. Access will be provided by a 20 foot wide road off Pinta Court. Private driveway .access to lot. 2 via Nina Court shall be considered in the Architecture and Site review process. D. On April 12, 2000, the Planning Commission considered and denied an application at this Page 1 of 7 site for a four lot subdivision andto demolish the residence. The decision of the Planning Commission was appealed. Town Council considered the appeal on August 7, 2000 and continued the matter for further study. Council .considered five alternatives on September 18, 2000 and returned the matter to the Planning Commission with specific direction that the Commission review Alternative 3, a standard three lot subdivision including a public road. E. Appellant claims that the Planning Commission erred or abused its discretion and .new information was provided that was not reasonable available at the time of the Planning Commission decision. F. The Planning Commission decision was correct. The findings ofthe Commissionare, by this reference, incorporated herein. RESOLVED: 1. The appeal of the decision of the Planning Commission on Subdivision Application M-99-18 .and Architecture and Site Application 5-99-40 is denied. Revised Conditions of Approval, attachedhereto as Exhibit A, are hereby applied to this approval. 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. Page 2 of 7 PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, on the 20t'' day of February, 2001 by the following. vote. COUNCIL MEMBERS: AYES: Randy Attaway, Steven Blanton, Steve Glickman, Mayor Joe Pirzynslci. NAYS.: Sandy Decker ABSENT: None ABSTAIN: None .ATTEST: SIGNED: G~~ AYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA 1 , .~--- ~~~' CLERK OF THE TOWN OF L~ GATOS LOTS GATOS, CALIFORNIA N:\SHARE\aty220.9.wpd Page 3 of 7 CONDITIONS 130 Nina Court a. Subdivision Application M-99-18 b, Architecture and Site Application S-99-40 Requesting approval to subdivide a residential parcel into three lots and to demolish apre-1941 single family residence on property zoned R-1:10. PROPERTY OWNER: Jen•ell Wilson, Paul Boone APPLICANT: Dividend Homes, Inc. **Conditions that apply only to the Architecture and Site. TO THE :SATISFACTION OF THE DIRECTOR DF COMMUNITY DEVELOPMENT: {Planning Division) 1. EXPIRATION OF APPROVAL. The Architecture and Site approvaland the Subdivision approval will expire two years from the date of approval unless the approval is used before expiration. 2. ARCHITECTURE AND SITE APPROVAL FOR PARCEL 2. During the Architecture and Site approval process for Parcel 2, consideration shall be given to provide primary access for Parcel 2 via Nina Court. On site .guest parking may be provided with access from Pinta Court. 3. LANDSCAPE PLAN APPROVAL. Any proposed landscape plans must be reviewed and approved by the Parks and Forestry Department prior to issuance of any building permits. 4. * *RECYCLING. All wood, metal, glass and .aluminum materials .generated from the demolished structure shall be deposited to a company which will recycle the materials. Receipts from the company(s) accepting these materials, noting type .and weight of material, shall be submitted to the Town prior to the Town's demolition inspection. S. NEW PARCELS. All new parcels created by the subdivision shall be subject to the Nuevo Mundo subdivision CC&R's pursuant to the terms of those CC&R's if they are applicable. b. PERMITS. Each of the lots shall apply for a separate Architectural and Site approval and shall be reviewed by the Planning Commission. (Building Division) * *DEMOLITION PERMIT REQUIREMENTS. Contact Bay Area air Quality Management District and complete their process as necessary before obtaining a building permitforthe demolition permit from the Town Building Department. No demolition wotlc shall be done without first obtaining a demolition permit from the Town. TO THE SATISFACTION OF THE PARKS AND PUBLIC WORDS DIRECTOR: (Engineering Division) 8. STOP SIGN. A stop sign will be installed to the satisfaction of the Parks and Public Works Department at the new Cul-De-Sac. 9. ROADWAY. The roadway width for Nina Court shall have a maximum width of 20'. The placement of the roadway in the right of way indicated on Exhibit L of the Development Plans shall be moved a minimum of four feet to the east so that there is a minimum of 30 feet from the west property line to the centerline of the new roadway to achieve the objective of a corner sight stopping distance of 1.58',. 10. RIGHT OF WAY MAINTENANCE. The Town right of way that is not paved as indicated on the tentative map shall be maintained by the adjacent owner that is inclusive in Lot 1 and Lot 3. 11. ROADWAY. Pier and grade beam construction to be used for the design of the road foundation to the Satisfaction of the Director of Parks and Public Works. 12. REPAIRS. Developer shall repair all existing pavement in the right of way, storm drains, and sanitary sewer that is damaged or removed during construction. 13. ADVANCED WARNING SIGN. A CalTrans standard W 10 advanced warning sign indicating that there is a side road ahead shall be installed to the satisfaction of the Parks and Public Works Department on Pinta Court. 14. GRADING PERMIT. A grading permit is required for gt•ading and erosions control on the nidividual lots. A separate application for a grading permit (with grading plans) shall be made to the Engineering Division of the Public Works Department. The grading plans shall include final grading, drainage retaining wall location, driveway, utilities and interim erosion control. Unless specifically allowed by the Director of Parks and Public Works, the grading permit will (. be issued concurrently with the building permit. 15. SOILS REPORT. One .copy of the soils and geologic report shall be submitted with the grading permit and public improvement. applications The soils reportshall 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. 16. PARCEL MAP. A .parcel map shall be recorded. Two copies of the parcel map shall be submitted to the Engineering Division of the 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 are issued. 17. DEDICATIONS. The following shall be dedicated on the parcel map. The dedication shall be recorded before .any permits are issued. a. New Street. A 40-foot street right-of--way with a 20-foot radius at the intersection with Pinta Court and a 36-foot.radius cul-de-sac. b. Public Service Easement (PSE). Five (5) feet wide, next to the easterly side New Street right-of--way and ten (10) feet wide adjacent to Pinta Court. a Ingress-egress, storm drainage and sanitary sewer easements, as required. 18. PUBLIC IMPROVEMENTS. The following improvements shall be installed by the developer. Plans for those improvements shall be prepared by a California registered civil engineer, reviewed and approved by the Town, .and guaranteed by contract, Faithful Performance Security and Labor & Materials Security before the issuance ofa building permit or the recordation of a map. The improvements must be completed and accepted by the Town before a Certificate of Occupancy for any new building can be issued. a. New Court. New street (20 feet wide from face of curb to face of curb),. 32 foot radius cul-de-sac, vertical curb and gutter, street lights, landscaping, retaining wall, signing, striping, storm drainage and sanitary sewers, as required. b. Pinta Court. Tie-in paving, street light, .landscaping, signing, striping, storm drainage and sanitary sewers, as required. The developer shall install a 15 mph traffic advisory sign for westbound traffic. a Causey Lane. Pavement repairs, storm drainage and sanitary sewers, as required. d. Storm Drainage Improvements. The developer shall evaluate the existing storm drainage system from the manhole in Causey Lane serving Pinta Court tothe 18 inch diameter storm drain line in Vista del Monte (Hydrology Node 401 to 403 in .Storm Drain Master Plan). The developer is required to design and construct the storm drainage improvements upstream of where the Nina Court system connects to the Causey Lane system up to a maximum of $40,000. Town shall reimburse the developer for constructing the remaining improvements. 19. INSURANCE. One million dollars {$1,000,000) of liability insurance holding the Town harmless shall be provided. in a format acceptable to the Town Attorney before recordation of the map.. 20. LANDSCAPE MAINTENANCE AGREEMENT. A landscape maintenance agreement shall be entered into between the Town and the owners of the new lots, to maintain the landscaping .and retaining wall in the rights-of--way.. The agreement shall .run in perpetuity. 21. :STORM DRAINAGE FEES. The developer's storm drainage fees, based on acreage and collected as part of the subdivision improvements, and based on impervious area and collected with the building permit, shall be waived as part of the developer's cost of constructing the storm drainage improvements. 22. TRAFFIC IMPACT MITIGATION 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 dime the request of Certificate of Occupancy is made. The fee shall be paid before issuance of the Certificate of Occupancy.. The traffic impact mitigation fee for this project using the current fee schedule is $5,730 per detached single family.house. The finalfee shall be calculated from the final plans using the rate schedule in effect at the time of the request for a Certificate of Occupancy. The creditfor the existing house to be demolished shall be given to Parcel 3. 23. 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. 24. 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. 25. PUBLIC WORDS INSPECTIONS. The developer or his representative shall notify the Engineering Inspector at least twenty-four (24) hours before starting an work pertaining to on-site drainage facilities, grading or paving, and all work in the Town's right-of--way. Failure to do so will result in rejection ow work that went on without inspection. 26. .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 c. Top of curb 27. EROSION CONTROL. Interim and final erosion control plans shall be prepared and submitted to the Engineering Development Division of the Public Works Department. Grading activities shall be limited to the period of least rainfall (April 15 to October 1). A maximum of two weeks is allowed between clearing of an area and stabilizing/building on an area if grading is allowed to go on during the rainy season. In addition, straw bales and plastic sheeting shall be stored on-site for emergency control, if needed. Install filter berms, check dams, retention basins, silt fences .and straw bale dikes as needed on the project site, to protect down stream water quality during winter months. 28. NONPOINT SOURCE POLLUTION PREVENTION. On-site drainage systems shall include a filtration device in the catch basins or a grease and oil separator shall be installed. 29. UTILITIES. The developer shall install all ufility services, including telephone, electric power and all other communications lines underground, as required by Town Code °27.50,015(b). Cable television capability shall be provided to all new lots. 30. 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 awalk-through with the Engineering Construction Inspector before the start of construction to verify existing conditions. 31. DRIVEWAY APPROACH. The developer shall install four (3) Town standard residential driveway approaches. The new driveway approaches shall be constructed per Town Standard Detail. 32. AS-BUILT PLANS. After completion of the construction of all work in the public right-of--way or public easements, the original plans shall have all changes (change orders and field changes) clearly marked. The "as-built" plans shall .again be signed and "wet-stamped" by the civil engineer who prepared the plans, attesting to the changes. The original "as-built" plans shall be review and .approved the Engineering Construction Inspector. A Mylar of the approved "as-built" plans shall be provided to the Town before she Faithful Performance Security is released. 33. SANITARY SEWER. Sanitary sewers are televised by West Valley Sanitation District and approved by the Town of Los Gatos before they are used. Install a sanitary sewer lateral clean-out at the property line of each lot. 34. TANK ABATEMENT. The existing underground storage tank shall be .abandoned and any required remediation preformed to the satisfaction of the Santa Clara Valley Water District and/or the Central Fire Protection District of Santa Clara County.. Abandonment shall be in conformance will all State and local requirements. (Parks and Forestry hivision) 35. GENERAL. All existing and newly planted trees shown on the plan are specific subjects of approval of this plan and must remain on site. 36. TREE PROTECTION. Require tree protection fencing to be placed at the dripline of existing trees to be saved in the area of construction. Fencing shall be four feet.high chain link attached to steel poles driven two feet into the ground when at the dripline of the tree. Ifthe fence has to be within eight feet of the trunk ofthe tree a fence base may be used, as in a typical chain link fence that is rented. TO THE SATISFACTION OF THE SANTA CLARA COUNTY FIRE PROTECTION DISTRICT: 37. Fire Apparatus (Engine) Access Roads Required. Provide access roadways with a paved all weathersurface, a minimum unobstructed width of 20 feet, vertical clearance of 13 feet 6 inches, minimum circulating turning radius of 36 feet outside and 23 feet inside, and a maximum slope of 15%. Installations shall conform with Fire Department Standard Details and Specification sheet A-1. 38. FIRE APPARATUS (ENGINE) ROADWAY TURN-AROUND REQUIRED.. The developer/owner shall provide an approved fire department engine roadway turnaround with a minimum .radius of 36 feet outside and 23 feet inside. Installations shall conform with Fire Department Standard Details and Specifications A-1. Cul-De-Sac Diameters shall be no less than 72 feet or as directed by the Town of Los Gatos. 39. TIMING OF REQUIRED ROADWAY INSTALLATIONS. Required access roads, up through firstiift ofasphalt, shall be inspected and accepted by the Fire Department prior to the start of construction. Bulk combustible materials shall riot be delivered to the site until installations are completed as stated above. During construction, emergency access roads shall be .maintained clear and unimpeded. Building permit issuance may be withheld until installations are completed. 40. APPROVED RESIDENTIAL FIRE SPRINKLERS. Developerplease note: For buildings located offofthe roadway in excess of 150' travel distances to the farthest portion of the house, mitigation in the form of approved residential fire sprinklers may be required. Assessment of that condition may be identified upon subsequent submittals. 41. PARKING ALONG ROADWAYS. The required width of fire access roadways shall not be obstructed in any manner. Parking shall not be allowed along roadways less than 28 feet in width. Parking will be allowed along one side of the street for roadways 28-35 feet in width. For roadways equal to or greater than 26 feet parking will be allowed on'both sides of the roadway. Roadwaywidths shall be measured faceto faces of curb. Parking spaces are based on an 8ft. wide space. 42. FIRE LANE MARKING REQUIRED. Provide marking for all roadways within the project. Markings shall be per fire department. specifications. Installations shall also conform to Local Government Standards and Fire Department Standard Details and Specifications A-6 N:\SHARE\aty220.9.wpd