1988-120-Approval Of Request For Modification To Approvals For Construction Of A Single Family Residence And Permission To Have A Caretaker's As Part Of The Residential Use Property In The HR-5 ZoneRESOLUTION NO: 1988 -120
RESOLUTION DENYING APPEAL OF PLANNING COMMISSION APPROVAL
OF REQUEST FOR MODIFICATION TO APPROVALS FOR CONSTRUCTION
OF A SINGLE FAMILY RESIDENCE AND PERMISSION TO HAVE A CARETAKER'S
UNIT AS PART OF THE RESIDENTIAL USE ON PROPERTY IN THE HR -5 ZONE
(17986 FOSTER ROAD - J. PHILIP DINAPOLI)
WHEREAS:
A. Alan Young has appealed a decision of the Planning Commission as
follows: approval of request for modification to approvals for
construction of a single family residence and permission to have a
caretaker's unit as part of the residential use on property in the HR -5
zone located at 17986 Foster Road and owned by J. Philip DiNapoli
(Architecture and Site Application S- 86 -12A); and
B. A public hearing was held by the Town Council on May 16, 1988.
BE IT RESOLVED:
A. The Town Council hereby finds that no evidence or testimony was
presented that the Planning Commission erred.
B. The Town Council hereby further finds that the applicant's
complaint about further traffic generated from the project involves a
pre- existing condition not exacerbated by this project and that the
proposed project will not exceed the traffic capacity of Foster Road.
C. Based on the foregoing, the appeal is hereby denied and
Architecture and Site Application S- 86 -12A is hereby approved subject to
the following conditions:
1. Final grading, drainage, masonry retaining wall, driveway,
utility, interim and final erosion control plans shall be provided.
2. No grading or earth disturbing activities shall be initiated
between October 1st to April 15th. For grading operations commenced
prior to October 1st, all grading or earth disturbing activities
shall cease October 15th and will not be allowed to restart until
April 15th. If final landscaping is not complete by September 1st,
interim erosion control measures shown on the approved interim
erosion control plan will be required to be instituted by October
1st and maintained throughout the October 1st to April 15th period.
3. A Grading Permit will be required for the construction of
driveway, free - standing retaining walls, drainage and erosion
control.
4. A soils and geologic report shall be prepared which provides
specific criteria and standards governing site grading, drainage,
retaining wall design, and erosion control. A registered civil
engineer, specializing in soil mechanics, should be included in the
group that prepares this report.
5. All grading operations shall be continuously inspected by the
soils engineer or his qualified representative and these inspections
should be coordinated with regular Town inspections. The soils
engineer shall prepare a final grading report.
6. Horizontal and vertical controls shall be set by a licensed
surveyor or a registered civil engineer for the following items:
a. Finish floor elevation.
b. Foundation corner location.
C. Retaining wall, top -of -wall elevation, and location.
d. Toe and Top of cut and fill slopes.
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7. A two -year tree maintenance agreement shall be entered into
for the protection of existing and newly planted trees.
8. All new trees shown to be planted on the approved landscape
plan shall be installed prior to final occupancy of the residence.
9. Newly planted trees shall be double staked using rubber tree
ties.
10. A Tree Removal Permit shall be obtained prior to the issuance
of a Building Permit.
11. Prior to any construction or 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.
12. Any utility trenches installed within the driplines of
existing trees shall be hand dug.
13. The caretaker's residence shall at no time be utilized as a
rental unit or secondary dwelling other than what is permitted for a
caretaker's residence. A deed restriction shall be recorded to this
effect.
14. The residence must meet the handicap accessibility
requirements as adopted by Town Resolution 1987-143.
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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 6 day of June
1988 by the following vote.
AYES: COUNCIL MEMBERS Joanne Benjamin, Thomas J. Ferrito,
Robert L. Hamilton, Brent N. Ventura and Mayor
Eric D. Carlson
NOES: COUNCIL MEMBERS None
ABSTAIN: COUNCIL MEMBERS None
ABSENT: COUNCIL MEMBERS None
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
ATTEST:
CLERK OF THE TOWN OF LOS GATOS
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