1984-175-Granting Appeals With Modifications From Planning Commission Decision Approving Architecture And Site Application-PenningtonRESOLUTION NO. 1984 -175
RESOLUTION GRANTING APPEALS WITH MODIFICATIONS
FROM PLANNING COM14ISSION DECISION
APPROVING ARCHITECTURE AND SITE APPLICATION
(Kennedy Road at Top of the Hill Road - Pennington)
WHEREAS:
1. Larry Fluer, R. J. Nash, and James 'Hills have filed an appeal of
the decision of the Planning Commission as follows: approving with
conditions Architecture and Site Application S -84 -42 for the construction
of a single family residence on a property located at Kennedy Road at Top
of the Hill Road; and
2. William Pennington has filed an appeal of said decision of the
Planning Commission; and
3. A public hearing was held by the Town Council on September 17,
1984;
IT IS HEREBY RESOLVED:
1. The Town Council hereby finds that the Planning Commission erred
as follows:
a. The Commission did not have the newly discovered
information that a well has been located on the
subject property;
b. The Commission failed to consider the historic
features of the pillars located on the property
which have significance relating to the heritage
of the community and the way of life in the area;
and
C. The Commission failed to require that a fire protec-
tion system be required to be installed prior to the
issuance of a building permit.
2. Based on the foregoing findings, the appeals are granted as
modified and Architecture and Site Application 5 -84 -42 is granted with the
following conditions:
1. Grading, drainage, interim erosion control, final erosion
control, water system, driveway, fire truck turnaround, and
utility plans shall be provided to the satisfaction of the Town
Engineer.
2. Verification of ingress - egress access rights over the joint use
driveway shall be provided to the satisfaction of the Town
Engineer and Town Attorney.
3. The location of the stable shall be revised such that its length
is parallel with existing contours and the hillside excavation is
minimized to the maximum extent practicable to the satisfaction
of the Town Engineer.
4. A catch basin and storm drain pipe under Kennedy Road shall be
provided and an encroachment permit obtained for this work to the
satisfaction of the Town Engineer.
5. Biological testing or other satisfactory evidence shall be
provided to the satisfaction of the Town Engineer to verify that
the water source is potable.
6. Agreements shall be entered into to the satisfaction of the Town
Engineer and Town Attorney for the future connection to the
sanitary sewer system and public water system when they become
available.
7. No grading shall be initiated between October 1 to April 15. If
final landscaping is not complete by September 1, interim erosion
control measures shown on the approved interim erosion control
plan will be required to be instituted by October 1, to the
satisfaction of the Town Engineer.
8. Approval of the septic tank sewage disposal system by the Santa
Clara County Health Department shall be provided prior to the
issuance of the building permit.
9. Prior to any building permits being issued, the applicant shall
meet with the Director of Parks, Forestry, and 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, and
Maintenance Services. Such fencing is to be installed prior to,
and be maintained during, construction.
10. The septic drainfield shall be kept away from any cut bank a
distance which is greater than four times the height of that
bank, but not to exceed 100 feet, or as specified by the County
Environmental Health Services Department.
11. 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.
72. A two -year tree maintenance contract shall be established for the
protection of newly planted trees and existing trees needed for
screening, to the satisfaction of the Town Engineer.
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13. The applicant shall provide a certified engineering report as to
the adequacy of the water supply for domestic and agricultural
uses and that the water supply to the subject property shall not
materially affect the water supply of the adjacent properties.
The test for the adequacy of the water supply and for the affect
of the water supply on the adjacent properties shall be performed
by the applicants at their expense to the satisfaction of the
Town Engineer. If the water supply of the adjacent properties is
materially affected, then verification shall be provided to the
satisfaction of the Town Engineer and Town Attorney that a
recorded agreement has been entered into formalizing the mutual
water system and delineating mutual water system shares, rights,
and responsibilities.
14. Existing brush within the public right -of -way on both sides of
the driveway shall be cleared to improve visibility, to the
satisfaction of the Town Engineer.
15. Signs shall be placed on Kennedy Road (on each side of the drive-
way) to warn oncoming traffic that there is a driveway, to the
satisfaction of the Town Engineer.
16. The concrete pillars located on the property shall be retained
and preserved but may be moved if driveway widening so requires.
17. Fire protection water system shall be installed and accepted
prior to issuance of a building permit.
Pursuant to Los Gatos Town Code Section 1 -15, the time for seeking
judicial review of the Town Council decision is governed by California
Code of Civil Procedure Section 1U94.6.
PASSED AND ADOPTED at a regular meeting of the Town Council of
the Town of Los Gatos held on the 1st day of October ,
1984 by the following vote:
AYES: COUNCILMEMBERS Joanne Benjamin, Eric D. Carlson,
Terrence J. Daily, Brent N. Ventura and Mayor
Thomas J. Ferrito
NOES: COUNCILMEMBERS None
ABSTAIN: COUNCILMEMBERS None
ABSENT:
ATTEST:
LERK OF THE TOWN OF LOS Gft S
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