1975-062-Concerning Appeal Of Conditions Of Granting Of Conditional Use Permit U-75-1 And Architectural And State Application S-75-18RESOLUTION NO. 1975 -62
RESOLUTION CONCERNING APPEAL OF
CONDITIONS OF GRANTING OF
CONDITIONAL USE PERMIT U -75 -1
AND ARCHITECTURAL AND SITE
APPLICATION S- 75 -18.
WHEREAS, the applicant, DICK SKEEN, appealed to the Town
Council seeking modification of the Architecture and Site
Committee's conditions of approval of Conditional Use Permit
U -75 -1 and Architecture and Site Approval S- 75 -18, and on
May 19, 1975 the Town Council heard the appeal, considered the
record of the proceedings before the Architecture and Site
Committee and received additional evidence, and
WHEREAS, the Town Council finds that the Architecture and
Site Committee erred in: (1) requiring that the applicant provide
storm drainage improvements to an extent exceeding that warranted
by the burden the project will impose on the Town's storm drainage
system, (2) failing to consider shorter sewer line routing,
(3) failing to specify clearly the nature of the electrical
undergrounding requirement, and failing to give sufficient weight
to the facts concerning the probable rate of development of
adjacent property when setting the time for performance of the
undergrounding condition,
RESOLVED, the conditions of approval of both applications
are modified to read:
-1-
CONDITIONAL USE PERMIT CONDITIONS
1. That the applicant dedicate right -of -way for
street widening and guarantee by contract and
bond the installation of standard street improvements
to the satisfaction of the Town Engineer, as follows:
a. Dardanelli Lane: Dedicate right -of -way across
the frontage of the subject property to a line
30 feet from centerline. Improvements include
paving, curb and gutters, sidewalks and street
lighting.
b. West Parr Avenue: Dedicate right -of -way across
the frontage of the subject property to a line
30 feet from centerline. Improvements include
paving, curb and gutters, sidewalk and street
lighting.
C. Connections to existing (off -site) sanitary and
storm sewers to the satisfaction of the Town
Engineer, subject to the following:
(1) At applicant's option, connection may be
made either to the existing sanitary sewer
on West Parr Avenue, east of the applicant's
property, if this can physically be done
with sufficient fall to provide self- cleansing
velocity, or to the existing sanitary sewer
-2-
at the easterly terminus of Audrey Avenue.
(2) If the applicant elects to connect to the
sanitary sewer in West Parr Avenue he shall
also enter into a written agreement satisfactory
to the Town Engineer prior to issuance of any
building permit binding him and his successors
in interest in the land to participate in an
assessment district formed by the Town or any
special district for the construction of a
sanitary sewer in Dardanelli Lane and Vale
Avenue.
(3) Storm sewer construction on West Parr Avenue
shall be from the centerline of Dardanelli
Lane to the easterly line of applicant's
property.
ARCHITECTURAL AND SITE APPROVAL CONDITIONS
1. That a revised landscaping and irrigation plan be
submitted to and approved by the Superintendent of
Parks and Forestry and Planning Director illustrating
the following:
a. Minimum shrub size shall be 5 gallon and minimum
tree size shall be 15 gallon.
b. Additional plant materials, including trees,
-3-
along all property lines but especially the
south and west property lines to provide more
year -round screening of the 12 -foot high fence
from off the property.
C. Addition of some native trees such as oaks,
redwoods, bays, or sycamores. Removal of the
36 -inch pepper tree is approved if replaced with
an oak of a. species approved by the Superintendent
of Parks and Forestry.
d. Elimination of the Monterey pines and their
replacement with some other variety of pine.
e. Landscaping of the planter strip within the
public right -of -way.
2. That revised plans illustrating compliance with all
building code requirements for both clubhouse
structures and the storage building be submitted to
the Planning Director for approval.
3. That the free- standing sign be placed at least 5 feet
back of the property line.
4. That the applicant shall, within two years of June 1,
1975, underground all overhead utility lines along
the Dardanelli Lane frontage of the property, that
the obligation to underground the lines shall be
evidenced by a written contract with the Town, entered
before issuance of any building permit, binding the
applicant and his successors in interest in the land
and secured by a performance bond in the amount of
the Town Engineer's estimated 1977 cost of performing
the work, provided that the obligation shall be
limited to removal of no more than two utility poles.
5. That grading, drainage (except as otherwise specified
in the Conditional Use Permit conditions of approval),
traffic circulation and lighting plans be to the
satisfaction of the Town Engineer.
6. That the parcels be combined by a Parcel Map to the
satisfaction of the Town Engineer.
7. That the applicant provide information to the
satisfaction of the Town Engineer establishing that
the two "surrounded parcels" were created prior to
the requirement for lot division review by the Town.
8. That plans or documentation insuring the completion
of all conditions be submitted prior to any building
permits being issued.
PASSED AND ADOPTED at a requiar meeting of the
Town Council of the Town of Los Gatos held on the 2nd day
-5-
of 1975, by the following vote:
AYES: COUNCILMEN Ruth Caimon
Mark B. DiDuca.
John P. Lochner
Albert B. Smith
Edon Jensen
NOES: COUNCILMEN None
ABSENT: COUNCILMEN No1e
SIGNED: MAYOR OF THE' \TOWN OF LOS GATOS
r 1
ATTEST:
CLERK 07 THE TOWN OF WS GATOS
-6-