1979-011-Reversing A Decision Of The Town Planning CommissionRESOLUTION NO. 1979 -11
A RESOLUTION REVERSING A DECISION
OF THE TOWN PLANNING,_COMMISSION
WHEREAS Mildred Garth appealed to the Town Council, from the following
decision of the Planning Commission:
Denying Subdivision Application M -78 -29 requesting approval of a
9 -lot subdivision easterly of Foster and Tourney Roads.
WHEREAS on January 15, 1979 the Town Council held a public hearing to
determine the appeal and concluded that the decision of the Planning Commission
should be reversed.
RESOLVED:
1. The Town Council finds that the Planning Commission erred in not
considering the topography when it determined where the precise
boundary of Sub -area 5 of the Hillside Specific Plan is located,
and that the proposed subdivision is simply an infilling of the same
type of development that is surrounding it and it will help the
circulation pattern in the area.
2. The decision is reversed:
a. The Council makes the Negative Declaration recommended by the
Planning Director.
b. The Council finds that the project is consistent with the
General Plan and Hillside Specific Plan.
C. This approval is subject to the following conditions:
1. The applicant (property owner) shall dedicate the following,
to the satisfaction of the Town Engineer:
a. Foster Road. Right-of-way shall be 20 feet from the
existing centerline.
b. Interior streets. 40 -foot right -of -way.
2. The applicant shall guarantee, by contract and bond, the
following to the satisfaction of the Town Engineer:
a. Foster Road. Curb and gutter (12 feet from centerline),
4 -foot A.C. walkway, street lighting, storm and sanitary
sewers.
-1-
b. Interior streets. 24- foot -wide streets with curb and gutter
(both sides), a 4 -foot A.C. walkway, street lights, storm
and sanitary sewers.
C. Storm and sanitary sewers as required.
d. Water system as required.
3. The applicant shall provide a soils engineering report specifying
grading, foundation and pavement design criteria, to the satisfaction
of the Town Engineer.
4. The existing house on Lot #1 shall be connected to the sanitary
sewer.
5. The developer shall install two (2) hydrants that meet Central
Fire Protection District's specifications and deposit $390.00
to cover hydrant rental for a period of five (5) years. Hydrants
shall be installed and accepted prior to construction of any
building(s). When the hydrant rental fee is paid, submit two (2)
sets of plans for hydrant locations. The developer is responsible
for all hydrant and main installation costs. The development is
within the service area of San Jose Water Works; coordinate
hydrant installation with that water company.
6. Minimum required fire flow for the subject facility shall be
500 gallons per minute per hydrant flowing with 20 psi residual.
7. Provide a safe and adequate driveway not less than twelve feet
(12') wide with adequate passing turnouts for each site as required.
Grade should not exceed fifteen percent (15 %). Inside radius of
turns should be forty -two feet (42') or more. Provide adequate
parking and turnaround area for four (4) emergency vehicles at
each site as required. All road surfaces and bridges must sustain
35,000 pounds loading. Precise driveway plans for each lot will
be reviewed by the DRC upon specific applications for development
of each.
PASSED AND ADOPTED at a regular meeting of the Town Council
of the Town of Los Gatos this 15th day of January, 1979 by the following
votes:
AYES:
COUNCIL
MEMBERS
Ruth Cannon, John B. Lochner and
Mardi Gualtieri
NOES:
COUNCIL
MEMBERS
Thomas J. Ferrito and Peter W. Siemens
ABSTAIN:
COUNCIL
MEMBERS
None
ABSENT:
COUNCIL
MEMBERS
None
SIGNED:
ATTEST:
CLERK OF THE TOWN OF LOS, ATOS
-2-