2001-018-Denying An Appeal Of A Decision Of The Planning Commission Approving Request To Subdivide A Residential Parcel Into Three Lots And To Demolish A Pre-1941 Single Family Residence On Property Zoned R-1:10 SubdivisRESOLUTION 2001-18
RESOLUTION OF THE TOWN OF LOS GATOS DENYING AN APPEAL OF A DECISION OF THE
PLANNING COMMISSION APPROVING A REQUEST TO .SUBDIVIDE A RESIDENTIAL
PARCEL INTO THREE LOTS AND TO DEMOLISH APRE-1941 SINGLE FAMILY RESIDENCE
ON PROPERTY ZONED R-1:1D.
SUBDIVISION APPLICATION: M-99-1
ARCHITECTURE AND SITE APPLICATION:. 5-99-40
PROPERTY LOCATION.: 130 NINA COURT
PROPERTY OWNER: JERRELL WILSON, PAUL BOONB
APPLICANT: DIVIDEND HOMES, INC..
APPELLANT: McMANIS FAULKNER & MORGAN
WHEREAS:
A. This matter came before Council for public hearing on January 8, 2001 and continued to
February 5, 2001, on an appeal by McManis Faulkner & Morgan from a decision of the Planning
Commission and was regularly noticed in conformance with State and Town aw.
B. Council received testimony and documentary evidence from the appellant and all interested
persons who wished to testify or submit documents. Council .considered all testimony and .materials
submitted, including the record of the Planning Commission proceedings and the packet of material
contained in the Council Agenda Report dated January 4, 2001, January 3 1, 2001 and February 2, 2001 along
with subsequent reports and materials ,prepared concerning this application.
C. Applicant is requesting approval(Alternative 3) to subdivide a 1.5 gross acre parcel into three
lots and to demolish a single family residence. The lots range in size from 12,540 square feet to 27,740
square feet. Access will be provided by a 20 foot wide road off Pinta Court. Private driveway .access to
lot. 2 via Nina Court shall be considered in the Architecture and Site review process.
D. On April 12, 2000, the Planning Commission considered and denied an application at this
Page 1 of 7
site for a four lot subdivision andto demolish the residence. The decision of the Planning Commission was
appealed. Town Council considered the appeal on August 7, 2000 and continued the matter for further
study. Council .considered five alternatives on September 18, 2000 and returned the matter to the Planning
Commission with specific direction that the Commission review Alternative 3, a standard three lot
subdivision including a public road.
E. Appellant claims that the Planning Commission erred or abused its discretion and .new
information was provided that was not reasonable available at the time of the Planning Commission
decision.
F. The Planning Commission decision was correct. The findings ofthe Commissionare, by this
reference, incorporated herein.
RESOLVED:
1. The appeal of the decision of the Planning Commission on Subdivision Application M-99-18
.and Architecture and Site Application 5-99-40 is denied. Revised Conditions of Approval, attachedhereto
as Exhibit A, are hereby applied to this approval.
2. The decision constitutes a final administrative decision pursuant to Code of Civil Procedure
section 1094.6 as adopted by section 1.10.085 of the Town Code of the Town of Los Gatos. Any application
for judicial relief from this decision must be sought within the time limits and pursuant to the. procedures
established by Code of Civil Procedure section 1094.6,. or such shorter time as required by State and Federal
law.
Page 2 of 7
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos,
California, on the 20t'' day of February, 2001 by the following. vote.
COUNCIL MEMBERS:
AYES: Randy Attaway, Steven Blanton, Steve Glickman, Mayor Joe Pirzynslci.
NAYS.: Sandy Decker
ABSENT: None
ABSTAIN: None
.ATTEST:
SIGNED: G~~
AYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
1 , .~---
~~~'
CLERK OF THE TOWN OF L~ GATOS
LOTS GATOS, CALIFORNIA
N:\SHARE\aty220.9.wpd
Page 3 of 7
CONDITIONS
130 Nina Court
a. Subdivision Application M-99-18
b, Architecture and Site Application S-99-40
Requesting approval to subdivide a residential parcel into three lots and to demolish apre-1941 single family residence on
property zoned R-1:10.
PROPERTY OWNER: Jen•ell Wilson, Paul Boone
APPLICANT: Dividend Homes, Inc.
**Conditions that apply only to the Architecture and Site.
TO THE :SATISFACTION OF THE DIRECTOR DF COMMUNITY DEVELOPMENT:
{Planning Division)
1. EXPIRATION OF APPROVAL. The Architecture and Site approvaland the Subdivision approval will expire two years
from the date of approval unless the approval is used before expiration.
2. ARCHITECTURE AND SITE APPROVAL FOR PARCEL 2. During the Architecture and Site approval process for
Parcel 2, consideration shall be given to provide primary access for Parcel 2 via Nina Court. On site .guest parking may
be provided with access from Pinta Court.
3. LANDSCAPE PLAN APPROVAL. Any proposed landscape plans must be reviewed and approved by the Parks and
Forestry Department prior to issuance of any building permits.
4. * *RECYCLING. All wood, metal, glass and .aluminum materials .generated from the demolished structure shall be
deposited to a company which will recycle the materials. Receipts from the company(s) accepting these materials, noting
type .and weight of material, shall be submitted to the Town prior to the Town's demolition inspection.
S. NEW PARCELS. All new parcels created by the subdivision shall be subject to the Nuevo Mundo subdivision CC&R's
pursuant to the terms of those CC&R's if they are applicable.
b. PERMITS. Each of the lots shall apply for a separate Architectural and Site approval and shall be reviewed by the
Planning Commission.
(Building Division)
* *DEMOLITION PERMIT REQUIREMENTS. Contact Bay Area air Quality Management District and complete their
process as necessary before obtaining a building permitforthe demolition permit from the Town Building Department.
No demolition wotlc shall be done without first obtaining a demolition permit from the Town.
TO THE SATISFACTION OF THE PARKS AND PUBLIC WORDS DIRECTOR:
(Engineering Division)
8. STOP SIGN. A stop sign will be installed to the satisfaction of the Parks and Public Works Department at the new
Cul-De-Sac.
9. ROADWAY. The roadway width for Nina Court shall have a maximum width of 20'. The placement of the roadway in
the right of way indicated on Exhibit L of the Development Plans shall be moved a minimum of four feet to the east so
that there is a minimum of 30 feet from the west property line to the centerline of the new roadway to achieve the
objective of a corner sight stopping distance of 1.58',.
10. RIGHT OF WAY MAINTENANCE. The Town right of way that is not paved as indicated on the tentative map shall
be maintained by the adjacent owner that is inclusive in Lot 1 and Lot 3.
11. ROADWAY. Pier and grade beam construction to be used for the design of the road foundation to the Satisfaction of
the Director of Parks and Public Works.
12. REPAIRS. Developer shall repair all existing pavement in the right of way, storm drains, and sanitary sewer that is
damaged or removed during construction.
13. ADVANCED WARNING SIGN. A CalTrans standard W 10 advanced warning sign indicating that there is a side road
ahead shall be installed to the satisfaction of the Parks and Public Works Department on Pinta Court.
14. GRADING PERMIT. A grading permit is required for gt•ading and erosions control on the nidividual lots. A separate
application for a grading permit (with grading plans) shall be made to the Engineering Division of the Public Works
Department. The grading plans shall include final grading, drainage retaining wall location, driveway, utilities and
interim erosion control. Unless specifically allowed by the Director of Parks and Public Works, the grading permit will
(.
be issued concurrently with the building permit.
15. SOILS REPORT. One .copy of the soils and geologic report shall be submitted with the grading permit and public
improvement. applications The soils reportshall include specific criteria and standards governing site grading, drainage,
pavement design, retaining wall design and erosion control. The reports shall be signed and "wet stamped" by the
engineer or ..geologist, in conformance with Section 6735 of the California Business and Professions Code.
16. PARCEL MAP. A .parcel map shall be recorded. Two copies of the parcel map shall be submitted to the Engineering
Division of the Public Works Department for review and approval. Submittal shall include closure calculations, title
reports and appropriate fee. The map shall be recorded before any .permits are issued.
17. DEDICATIONS. The following shall be dedicated on the parcel map. The dedication shall be recorded before .any
permits are issued.
a. New Street. A 40-foot street right-of--way with a 20-foot radius at the intersection with Pinta Court
and a 36-foot.radius cul-de-sac.
b. Public Service Easement (PSE). Five (5) feet wide, next to the easterly side New Street right-of--way
and ten (10) feet wide adjacent to Pinta Court.
a Ingress-egress, storm drainage and sanitary sewer easements, as required.
18. PUBLIC IMPROVEMENTS. The following improvements shall be installed by the developer. Plans for those
improvements shall be prepared by a California registered civil engineer, reviewed and approved by the Town, .and
guaranteed by contract, Faithful Performance Security and Labor & Materials Security before the issuance ofa building
permit or the recordation of a map. The improvements must be completed and accepted by the Town before a Certificate
of Occupancy for any new building can be issued.
a. New Court. New street (20 feet wide from face of curb to face of curb),. 32 foot radius cul-de-sac,
vertical curb and gutter, street lights, landscaping, retaining wall, signing, striping, storm drainage and sanitary sewers,
as required.
b. Pinta Court. Tie-in paving, street light, .landscaping, signing, striping, storm drainage and sanitary
sewers, as required. The developer shall install a 15 mph traffic advisory sign for westbound traffic.
a Causey Lane. Pavement repairs, storm drainage and sanitary sewers, as required.
d. Storm Drainage Improvements. The developer shall evaluate the existing storm drainage system from
the manhole in Causey Lane serving Pinta Court tothe 18 inch diameter storm drain line in Vista del Monte (Hydrology
Node 401 to 403 in .Storm Drain Master Plan). The developer is required to design and construct the storm drainage
improvements upstream of where the Nina Court system connects to the Causey Lane system up to a maximum of
$40,000. Town shall reimburse the developer for constructing the remaining improvements.
19. INSURANCE. One million dollars {$1,000,000) of liability insurance holding the Town harmless shall be provided.
in a format acceptable to the Town Attorney before recordation of the map..
20. LANDSCAPE MAINTENANCE AGREEMENT. A landscape maintenance agreement shall be entered into between
the Town and the owners of the new lots, to maintain the landscaping .and retaining wall in the rights-of--way.. The
agreement shall .run in perpetuity.
21. :STORM DRAINAGE FEES. The developer's storm drainage fees, based on acreage and collected as part of the
subdivision improvements, and based on impervious area and collected with the building permit, shall be waived as part
of the developer's cost of constructing the storm drainage improvements.
22. TRAFFIC IMPACT MITIGATION FEE (RESIDENTIAL). The developer shall pay a proportional the project's share
of transportation improvements needed to serve cumulative development within the Town of Los Gatos. The fee amount
will be based upon the Town Council resolution in effect at the dime the request of Certificate of Occupancy is made.
The fee shall be paid before issuance of the Certificate of Occupancy.. The traffic impact mitigation fee for this project
using the current fee schedule is $5,730 per detached single family.house. The finalfee shall be calculated from the final
plans using the rate schedule in effect at the time of the request for a Certificate of Occupancy. The creditfor the existing
house to be demolished shall be given to Parcel 3.
23. GENERAL. All public improvements shall be made according to the latest adopted Town Standard Drawings and the
Town Standard Specifications. All work shall conform to the applicable Town ordinances. The adjacent public
right-of-way shall be kept clear of all job related dirt and debris at the end of the day. Dirt and debris shall not be washed
into storm drainage facilities. The storing of goods and materials on the sidewalk and/or the street will not be allowed
unless a special permit is issued. The developer's representative in charge shall be at the job site during all working.
hours. Failure to maintain the public right-of--way according to this condition may result in the Town performing the
required maintenance at the developer's expense.
24. ENCROACHMENT PERMIT. All work in the public .right-of--way will require a Construction Encroachment Permit.
All work over $5,000 will require construction security.
25. PUBLIC WORDS INSPECTIONS. The developer or his representative shall notify the Engineering Inspector at least
twenty-four (24) hours before starting an work pertaining to on-site drainage facilities, grading or paving, and all work
in the Town's right-of--way. Failure to do so will result in rejection ow work that went on without inspection.
26. .SURVEYING CONTROLS. Horizontal .and vertical controls shall be set and certified by a licensed surveyor or
registered civil engineer qualified to practice land surveying, for the following items:
a. Retaining wall--top of wall elevations and locations
b. Toe and top of cut and fill slopes
c. Top of curb
27. EROSION CONTROL. Interim and final erosion control plans shall be prepared and submitted to the Engineering
Development Division of the Public Works Department. Grading activities shall be limited to the period of least rainfall
(April 15 to October 1). A maximum of two weeks is allowed between clearing of an area and stabilizing/building on
an area if grading is allowed to go on during the rainy season. In addition, straw bales and plastic sheeting shall be stored
on-site for emergency control, if needed. Install filter berms, check dams, retention basins, silt fences .and straw bale
dikes as needed on the project site, to protect down stream water quality during winter months.
28. NONPOINT SOURCE POLLUTION PREVENTION. On-site drainage systems shall include a filtration device in the
catch basins or a grease and oil separator shall be installed.
29. UTILITIES. The developer shall install all ufility services, including telephone, electric power and all other
communications lines underground, as required by Town Code °27.50,015(b). Cable television capability shall be
provided to all new lots.
30. RESTORATION OF PUBLIC IMPROVEMENTS. The developer shall repair or replace all existing improvements not
designated for removal that are damaged or removed because of developer's operations. Improvements such as, but not
limited to: curbs, .gutters, sidewalks, driveways, signs, pavements, raised pavement markers, thermoplastic pavement
markings, etc. shall be repaired and replaced to a condition equal to or better than the original condition. Existing
improvement to be repaired or replaced shall be at the direction of the Engineering Construction Inspector, and shall
comply with all Title 24 Disabled Access provisions. Developer shall request awalk-through with the Engineering
Construction Inspector before the start of construction to verify existing conditions.
31. DRIVEWAY APPROACH. The developer shall install four (3) Town standard residential driveway approaches. The
new driveway approaches shall be constructed per Town Standard Detail.
32. AS-BUILT PLANS. After completion of the construction of all work in the public right-of--way or public easements,
the original plans shall have all changes (change orders and field changes) clearly marked. The "as-built" plans shall
.again be signed and "wet-stamped" by the civil engineer who prepared the plans, attesting to the changes. The original
"as-built" plans shall be review and .approved the Engineering Construction Inspector. A Mylar of the approved
"as-built" plans shall be provided to the Town before she Faithful Performance Security is released.
33. SANITARY SEWER. Sanitary sewers are televised by West Valley Sanitation District and approved by the Town of
Los Gatos before they are used. Install a sanitary sewer lateral clean-out at the property line of each lot.
34. TANK ABATEMENT. The existing underground storage tank shall be .abandoned and any required remediation
preformed to the satisfaction of the Santa Clara Valley Water District and/or the Central Fire Protection District of Santa
Clara County.. Abandonment shall be in conformance will all State and local requirements.
(Parks and Forestry hivision)
35. GENERAL. All existing and newly planted trees shown on the plan are specific subjects of approval of this plan and
must remain on site.
36. TREE PROTECTION. Require tree protection fencing to be placed at the dripline of existing trees to be saved in the
area of construction. Fencing shall be four feet.high chain link attached to steel poles driven two feet into the ground
when at the dripline of the tree. Ifthe fence has to be within eight feet of the trunk ofthe tree a fence base may be used,
as in a typical chain link fence that is rented.
TO THE SATISFACTION OF THE SANTA CLARA COUNTY FIRE PROTECTION DISTRICT:
37. Fire Apparatus (Engine) Access Roads Required. Provide access roadways with a paved all weathersurface, a minimum
unobstructed width of 20 feet, vertical clearance of 13 feet 6 inches, minimum circulating turning radius of 36 feet
outside and 23 feet inside, and a maximum slope of 15%. Installations shall conform with Fire Department Standard
Details and Specification sheet A-1.
38. FIRE APPARATUS (ENGINE) ROADWAY TURN-AROUND REQUIRED.. The developer/owner shall provide an
approved fire department engine roadway turnaround with a minimum .radius of 36 feet outside and 23 feet inside.
Installations shall conform with Fire Department Standard Details and Specifications A-1. Cul-De-Sac Diameters shall
be no less than 72 feet or as directed by the Town of Los Gatos.
39. TIMING OF REQUIRED ROADWAY INSTALLATIONS. Required access roads, up through firstiift ofasphalt, shall
be inspected and accepted by the Fire Department prior to the start of construction. Bulk combustible materials shall
riot be delivered to the site until installations are completed as stated above. During construction, emergency access
roads shall be .maintained clear and unimpeded. Building permit issuance may be withheld until installations are
completed.
40. APPROVED RESIDENTIAL FIRE SPRINKLERS. Developerplease note: For buildings located offofthe roadway
in excess of 150' travel distances to the farthest portion of the house, mitigation in the form of approved residential fire
sprinklers may be required. Assessment of that condition may be identified upon subsequent submittals.
41. PARKING ALONG ROADWAYS. The required width of fire access roadways shall not be obstructed in any manner.
Parking shall not be allowed along roadways less than 28 feet in width. Parking will be allowed along one side of the
street for roadways 28-35 feet in width. For roadways equal to or greater than 26 feet parking will be allowed on'both
sides of the roadway. Roadwaywidths shall be measured faceto faces of curb. Parking spaces are based on an 8ft. wide
space.
42. FIRE LANE MARKING REQUIRED. Provide marking for all roadways within the project. Markings shall be per fire
department. specifications. Installations shall also conform to Local Government Standards and Fire Department
Standard Details and Specifications A-6
N:\SHARE\aty220.9.wpd