1989-160-Approval Of Plans For The Construction Of A Single-Family Residence In The R-1:20 ZoneRESOLUTION NO: 1989 -160
RESOLUTION OF THE TOWN OF LOS GATOS DENYING
APPEALS OF THE PLANNING COMMISSION APPROVAL OF
PLANS FOR THE CONSTRUCTION OF A SINGLE - FAMILY
RESIDENCE IN THE R -1:20 ZONE
(49 KIMBLE AVENUE - ROBERT ALLEN)
WHEREAS:
A. John C. Cavalier and Warren L. Hen have appealed a decision of the
Planning Commission as follows: approval of plans for the construction of a single- family
residence in the R -1:20 zone on property located at 49 Kimble Avenue and owned by
Robert Allen (Architecture and Site Application S- 89 -19); and
B. A public hearing was held by the Town Council on July 17, 1989; and
C. John C. Cavalier withdrew his appeal at the Council meeting.
BE IT RESOLVED:
A. The Town Council hereby finds that no evidence or testimony was presented
that the decision of the Planning Commission was in error.
B. Based on the foregoing, the appeals are denied, the decision of the Planning
Commission is upheld and Architecture and Site Application S -89 -19 is hereby 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. A separate Tree Removal Permit will be required for the 14 -inch
Oak tree located near the proposed driveway if the Parks Superintendent
determines that it should be removed.
TO THE SATISFACTION OF THE TOWN ENGINEER:
2. Final grading, drainage, masonry retaining wall, driveway, utility, interim and
final erosion control plans shall be provided.
3. No grading or earth disturbing activities shall be initiated between October
1 to April 15. For grading operations commenced prior to October 1, all
grading or earth disturbing activities shall cease October 15 and will not be
allowed to restart until April 15. These limitations apply to the following:
driveways, building pads, foundation trenches and drilled piers, retaining
walls, swimming pools, tennis courts, outbuildings, and utility trenches. 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 and maintained through the October 1 to April 15
period.
4. A Grading Permit will be required for the construction of the driveway and
retaining walls associated with the driveway.
5. 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.
6. 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 submit a final grading
report prior to occupancy.
7. Any work in the public right -of way will require an Encroachment Permit.
8. A well information questionnaire (available through the Town Engineer) shall
be completed.
9. All documents, contracts, bonds, insurance, as applicable, shall be provided
prior to issuance of any permits.
10. The applicant shall sign a two -year Tree Maintenance Agreement with the
Town.
11. A 1603 Permit shall be obtained from the Department of Fish & Game for
proposed improvements in or near riparian areas within their jurisdiction.
12. Horizontal and vertical controls shall be set by a licensed surveyor or a
registered civil engineer for the following items:
a. Pad location,
b. Finish floor elevation,
C. Foundation corner location,
d Retaining wall, top -of wall elevation and location, and
e. Toe and top of cut and fill slopes.
13. Any utility trenches within the dripline of existing trees shall be hand dug.
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TO THE SATISFACTION OF THE DIRECTOR OF PARKS, FORESTRY &
MAINTENANCE SERVICES:
14. Newly planted trees shall be double- staked, using rubber tree -ties and shall
be planted prior to occupancy.
15. No irrigation or planting shall be permitted under the dripline of existing
native trees.
16. 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.
17. 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.
18. Pier and grade beam foundation shall be constructed under the dripline of
existing trees. Any impervious surface encroaching under the dripline of
existing trees shall be constructed of interlocking pavers or have aeration
tubes installed.
TO THE SATISFACTION OF THE BUILDING OFFICIAL:
19. 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 grasping 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.
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TO THE SATISFACTION OF CENTRAL FIRE PROTECTION DISTRICT:
20. The residence shall be provided with an approved NFPA 13 -D fire sprinkler
system through out.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town
of Los Gatos, California, held on the 21st day of AUGUST, 1989 by the following vote.
AYES:
NAYES:
ABSTAIN:
ABSENT:
COUNCIL MEMBERS
COUNCIL MEMBERS
COUNCIL MEMBERS
Eric D. Carlson
Robert L. Hamilton
Mayor Joanne Benjamin
None
Thomas J. Ferrito
Brent N. Ventura
COUNCIL MEMBERS N e
SIGNED: ✓. ✓4t
R OF THE TOWN OPJ LOS GATOS
ATTEST:
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CLERK OF THE TOWN OF L08 GATOS
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