1990-168-Ratifying Town Council Certification Of Environmental Impact Report And Approval Of Tentative Map For 15 Lot SubdivisionRESOLUTION 1990 -168
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
RATIFYING TOWN COUNCIL CERTIFICATION OF ENVIRONMENTAL IMPACT
REPORT AND APPROVAL OF TENTATIVE MAP FOR 15 LOT SUBDIVISION OF
54.7 ACRES OF HILLSIDE LAND ALONG SANTA ROSA DRIVE AND NORTH OF
SHANNON ROAD IN THE HR -2 1/2 ZONE
(SANTA ROSA HEIGHTS SUBDIVISION - HABIB AZAR)
WHEREAS:
A. On July 16, 1990 the Town Council considered the proposed 15 lot subdivision
of 54.7 acres of hillside land along Santa Rosa Drive and north of Shannon Road in the
HR -2 1/2 zone on property owned by Habib Azar and the Environmental Impact Report
related thereto (Environmental Impact Report EIR -88 -1 and Subdivision Application M-
87-1); and
B. After public hearing on the matter at which testimony was presented and
documents submitted, the Town Council took action as set forth below and ratified by
adoption of this resolution.
BE IT RESOLVED:
A. The Town Council hereby certifies that it has reviewed and considered the
information in the Environmental Impact Report (EIR -88 -1) and that the Environmental
Impact Report has been completed in compliance with the requirements of the California
Environmental Quality Act (CEQA) and State and Town Guidelines.
B. The Town Council hereby makes the findings pursuant to Section 15091 of the
California Environmental Quality Act that conditions of approval have been required as
part of the project which avoid or substantially lessen the significant environmental effect
as identified in the final Environmental Impact Report, as set forth in the project's
Mitigation Monitoring Plan.
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C. The Town Council hereby determines pursuant to Section 15092 and 15093 of
the California Environmental Quality Act that any remaining significant effects on the
environment found to be unavoidable are acceptable due to the following overriding
considerations:
1) A large amount of open space will be dedicated to the Town; and
2) A substantial dedication of improved pedestrian /equestrian trails will be made
to the Town.
D. The Town Council hereby further finds pursuant to Section 66474 of the State
Subdivision Map Act that:
1) The findings necessary to deny the tentative map on the basis that the map
is inconsistent with the General Plan or the Hillside Specific Plan as currently in
effect cannot be made;
2) The subdivision design is not inconsistent with those plans as the open space
and trails promote goals and policies of the General Plan and Hillside Plan;
3) The site is not physically unsuitable for the subdivision, particularly the areas
to be developed around the least sloped areas of the site;
4) The site is not physically unsuitable for the proposed density as the density
is quite low, even less than what is allowable;
5) The design is not likely to cause substantial environmental damage particularly
with the mitigation measures adopted;
6) No serious public health problems would result from this subdivision with the
conditions that the geologic hazard zone, setbacks, and sewage pumping be
implemented;
7) There are no known conflicts with recorded easements; and
8) The design of the subdivision provides to the extent feasible, for future passive
or natural heating or cooling opportunities since southern exposure will be available
for a majority of the lots.
E. The Town Council hereby adopts the Mitigation Monitoring Program Plan,
attached hereto as Exhibit "A" and incorporated by reference herein.
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F. Based on the foregoing findings and action, the Town Council hereby ratifies its
approval on July 16, 1990 the application for a 15 lot subdivision (M -87 -1) as presented to
the Town Council and the tentative map which was submitted to the Town on July 24, 1990
which will expire on July 16, 1992 pursuant to the Map Act unless all conditions of approval
as follows are satisfied and a final map is recorded.
TO THE SATISFACTION OF THE PLANNING DIRECTOR:
1. During the Architecture and Site approval stage, the applicant will be required to
design the residences to reduce the visual impact as listed below. This condition
shall be recorded for each parcel so that every purchaser of property has full
knowledge of this condition.
a. Structures on Lots 1 through 5 can be two stories, but cannot project above
the 25 -foot high height plane. Structures on Lots 6 through 11 shall not exceed
one -story in elevation at the street level, but may have one additional floor
below and at the rear.
b. The exterior color of all structures, including roof materials, shall be a dark
earth tone color with a light reflectivity value that does not exceed 30, to
blend with the natural color of the vegetation surrounding the site.
C. The exterior materials of all structures shall consist of natural materials such
as wood, brick and stone. Primarily stucco buildings or architectural styles
requiring stucco as the major feature shall not be permitted. This will not,
however, prohibit the use of stucco in combination with more acceptable
materials.
2. During construction of the project, the contractor will be required to use quieting
equipment control and procedures to reduce noise levels.
3. The street location on Sheet L -2 of the development plans shall be amended to
match the tentative map.
4. Minimum side setback from the east property line for Lot 14 shall be 40 feet.
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TO THE SATISFACTION OF THE TOWN ENGINEER:
5. New street names must receive Town approval prior to recordation of final map.
6. Final grading, drainage, masonry retaining wall, roadway, utility, and interim erosion
control plans shall be submitted to the Engineering Department for review and
approval prior to the recordation of the Final Map.
7. No grading or earth disturbing activities shall be initiated between October 1 and
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 to April 15
period.
8. All grading operations shall be continuously inspected by the soils engineer or his
qualified representative. The soils engineer shall submit a final grading report prior
to occupancy /certificate of completion (and pertaining to curb, gutter and sidewalk).
9. Site- specific investigations based on subsurface data shall be performed by a
Certified Engineering Geologist when the final tentative map is approved, at the
applicant's expense. This investigation shall refine the general recommendations
contained in the geotechnical report.
10. Positive drainage control, such as covered storm drains and /or lined ditches, shall
be provided. Surface drainage of the entire site shall minimize sheet flow.
11. Site preparation shall include removal of deleterious organic material.
12. Stripping, compaction and placement of fill shall be supervised by a Certified
Engineering Geologist at the applicant's expense.
13. Special slope stability measures (slopes secured to native ground) shall be used for
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slopes steeper than 1:6 (16 percent).
14. Known springs and seeps or those discovered during grading shall be provided with
subsurface drainage, as directed by the Town Engineer.
15. Grading and foundation plans for the site shall be reviewed by a Certified
Engineering Geologist at the applicant's expense to assure that geologic
recommendations are followed.
16. Any work in the public right -of -way will require a Construction Encroachment
Permit.
17. A well information questionnaire (available through the Town Engineer) shall be
completed.
18. A final map shall be filed.
19. The 40 -foot right -of -way for Sierra Azule to the west property line of the site, within
the boundary of the site, shall be dedicated to the Town.
20. The minimum requirements for Sierra Azule as a dedicated public road shall be a
24 -foot wide paved street (curb to curb) within a dedicated 40 -foot right -of -way (plus
slope easements, if needed). A cul -de -sac shall be constructed at the end of the
Town maintained portion of Sierra Azule.
21. The construction of the subdivision improvements shall be guaranteed by contract,
Faithful Performance Security, Labor and Materials Security, and insurance holding
the Town harmless prior to the recordation of the Final Map.
22. Underground cable television service shall be provided to all new lots /homes.
23. A 1603 Permit shall be obtained from the department of Fish & Game for proposed
improvements in or near riparian areas within their jurisdiction.
24. 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, location
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e. Toe and top of cut and fill slopes
25. All documents, contracts, securities, insurance, and fees, as applicable, shall be
provided prior to recordation of the final map.
26. All fees, as applicable, shall be paid prior to the issuance of any permits.
27. Payment of a one percent (1 %) in -lieu fee for capacity improvements at the
following intersections:
a. Los Gatos Blvd. /Kennedy Rd.- Caldwell Ave. $ 180.00
b. Los Gatos Blvd. /Blossom Hill Rd. 2,200.00
C. Blossom Hill Rd. /Union Ave. 4,410.00
d. Lark Ave., Highway 17 to Los Gatos Blvd. 5.010.00
TOTAL IN -LIEU FEE $ 11,800.00
NOTE: These fees are based on the estimated cost of constructing the required
improvements. Actual fees may be higher. All lots will be subject to
traffic impact mitigation fees for new single family residences. The
above listed in -lieu traffic fees will be credited towards these traffic
impact mitigation fees.
28. The 60 -foot right -of -way for Santa Rosa Drive shall be dedicated to the Town.
29. A 30 -foot wide right -of -way (half- street) shall be dedicated to the Town along the
Shannon Road frontage of this property.
30. Ingress- egress, storm drain, public service, slope, and pedestrian- equestrian trail
easements as required shall be dedicated to the Town.
31. All lots shall be surveyed and monumented.
32. The minimum requirements for the new road to Lots 12, 13, 14 and 15 (Arroyo Del
Rancho) as a dedicated public road shall be a 24 -foot wide paved street (curb to
curb) within a dedicated 40 -foot right -of -way (plus slope easements, if needed). This
40 foot right -of -way shall extend to the easterly property line. The road shall extend
from the intersection of Kennedy and Shannon Roads to a cul -de -sac or hammerhead
turnaround terminating approximately 90 feet west from the easterly property line.
A 12 -foot wide paved maintenance road terminating approximately 90 feet west from
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the easterly property line shall be provided from the end of the cul -de -sac or
hammerhead turnaround to the pump station. The new culvert or bridge needed to
cross the creek shall be designed and constructed to bear the weight of a 40,000
pound vehicle.
33. An engineered drainage plan for the entire site, including pertinent hydraulic
computations, shall be submitted for review and approval prior to the recordation
of the Final Map.
34. Parking bays shall be installed within the subdivision portion of Sierra Azule.
35. Any trenching within the dripline of existing trees shall be hand dug.
36. A five -year tree maintenance agreement shall be entered into for existing and newly
planted trees.
37. An open space maintenance district, or other suitable entity acceptable to the Town
shall be formed to insure the maintenance of all public open space areas and
equestrian /pedestrian trails. No homeowners association would then be required for
open space maintenance.
38. A sanitary sewer main shall be constructed from Shannon Road to Lots 12, 13, 14
and 15, including a separate sewer lateral stub -out to each of these lots. The sewer
main shall be constructed within a dedicated right -of -way or public sewer easement.
Until such time as the sewer main is extended up Shannon Road to this property,
sewage from Lots 12, 13, 14 and 15 must be pumped uphill to the proposed new
sewer line on Sierra Azule. When the sewer main is extended up Shannon Road to
this property, the owners of Lots 12, 13, 14 and 15 shall be required to connect up
to this system. This condition shall be recorded for Lots 12, 13, 14 and 15 so that
every purchaser of property has full knowledge of this condition.
39. A gravity main, force main and pump station shall be constructed within a public
service easement (P.S.E.) along the easterly property line to serve this project at the
applicant's expense. Additional capacity shall be required to handle sewage from the
pump station on Alta Tierra. At such time as the new system is operational, the
Alta Tierra pump station shall be removed. A gravity sewer main shall be
constructed within the existing ten foot sanitary sewer easement (S.S.E.) to the
p109 \cncIrpts \azar.tcr 7
gravity sewer main on the easterly property line of this subdivision, joining this sewer
main to the subdivision sewer main with an appropriate structure.
40. All trails shown on the Tentative Map shall be constructed as part of the subdivision
improvements. However, in the event the equestrian /pedestrian trail which runs
through Parcel C terminating at the Weinman property does not connect to an
existing trail, the trail shall not be constructed at this time. The applicant shall
instead submit sufficient funds to the Town to construct the trail at a future date.
The money will be deposited in an interest bearing account.
41. No Building Permits shall be issued until all off -site and on -site improvements have
been completed and accepted by the Town.
42. Parcels A, B, C & D shall be dedicated in fee to the Town.
43. Any accessory building (excluding residences) straddling the proposed property line
or within the required setback, must be demolished prior to recordation of the final
map.
44. Applicant shall install barricades and no vehicle access signs at the end of Arroyo
Del Rancho.
45. A stop sign shall be installed on Arroyo Del Rancho at the intersection of Shannon
Road.
TO THE SATISFACTION OF THE DIRECTOR OF PARKS, FORESTRY &
MAINTENANCE SERVICES:
46. All structures shall be constructed out of the dripline of existing protected trees.
Any impervious surface encroaching under the dripline of existing trees shall be
constructed out of interlocking pavers or have aeration tubes installed.
47. Newly planted trees shall be double - staked, using rubber tree ties and shall be
planted prior to occupancy.
48. No irrigation or planting shall be permitted under the dripline of existing native
trees.
49. All tree care activities shall be accomplished by a licensed, competent tree care firm
p109 \cnc1rpts \azar.tcr 8
as approved by and under the supervision of the Director of Parks, Forestry &
Maintenance Services.
50. 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 Parks, Forestry and Maintenance Services. Such
fencing is to be installed prior to, and be maintained during, construction.
TO THE SATISFACTION OF THE DIRECTOR OF BUILDING SERVICES:
51. Structures shall be setback from the fault trace and shall be designed to reduce risks
from geologic hazards.
52. All structures located on a slope shall be supported on pier and grade beam
foundation.
53. A Demolition Permit for all accessory structures which straddle the property line or
are within a required setback, shall be obtained.
p109 \cnc1rpts \azar.tcr 9
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town
of Los Gatos, California, held on the 6th day of August, 1990, by the following vote.
COUNCIL MEMBERS:
AYES: Brent N. Ventura, Mayor Thomas J. Ferrito
NAYS: Robert L. Hamilton
ABSENT: Eric D. Carlson, Joanne Benjamin
ABSTAIN:
SIGNED:
AYOR OFT TOWN OF LOS GATOS
LOS GATOS, LIFORNIA
ATTEST:
~y L�P2•a.Gtr� �` `
CLERK OF THE TOW�JOF LOS
LOS GATOS, CALIFORNIA
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