1995-142-Approving Grading Plans For Driveway On property In The Hr-1 1/2 Zone With ConditionsRESOLUTION 1995 - 142
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS GRANTING
AN APPEAL OF A PLANNING COMMISSION DECISION APPROVING GRADING
PLANS FOR A DRIVEWAY ON PROPERTY IN THE HR -1 1/2 ZONE WITH
CONDITIONS;
ARCHITECTURE AND SITE APPLICATION S -95 -47
(PROPERTY ADDRESS: 17651 TOURNEY ROAD
PROPERTY OWNER: DES CRAIN
APPELLANT: RAY POWER)
WHEREAS:
A. This matter came before the Council for public hearing on October 2, 1995, on an
appeal a decision of the Planning Commission and was regularly noticed in conformance with
State and Town law.
B. The Council received testimony and documentary evidence from the applicant and
appellant and all interested persons who wished to testify or submit documents. The Council
considered all testimony and materials submitted, including the record of the Planning
Commission proceedings and the packet attached to the Council Agenda Reports dated October
2, 1995, concerning this application.
C. The Town does not want to provide any implication or presumption that the Town
has approved or otherwise accepted that the applicant has access rights across the area designated
as Area 1 on Exhibit A -1 hereto, and does not wish to become involved in a property rights
dispute.
D. Unconditional approval of the grading permit for the new driveway might cloud
title, create confusion for future residents and property owners in the area, as well as future Town
reviews.
E. Access across Area 1 was requested in earlier reviews by both the County of Santa
Clara and the Town.
F. It is the policy of the Town, particularly in the hillside areas, not to become directly
involved in property rights disputes.
G. Clear and provable access arrangements are vitally important in hillside areas for
fire protection, and the current access situation to applicant's property across Area 1 does not
meet this requirement.
H. The Planning Commission did not have the breadth of discretion possessed by the
Council to set policy as well as to take reasonable actions to minimize Town involvement in
property access disagreements.
RESOLVED:
1. The appeal of the decision of the Planning Commission on Architecture and Site
Application 5 -95 -47 is granted insofar as an additional prerequisite to grading and construction
of the proposed driveway is added to Condition # 4 to require provable access.
2. Except as expressly modified in Paragraph 1 above, Architecture and Site
Application 5 -95 -47 is approved subject to the conditions of approval contained in Exhibit A.
3. This decision does not and shall not constitute any precedent and the Town Council
shall continue to examine any such request on a specific site, design, and historic use basis under
the Town Code and Town policies.
This 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 or federal law.
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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 16th day of October, 1995 by the following vote.
COUNCIL MEMBERS:
AYES: Randy Attaway, Joanne Benjamin, Steven Blanton, Linda Lubeck,
Mayor Patrick O'Laughlin.
NAYS: None
ABSENT: None
ABSTAIN: None
SIGNED: LS MAYOR OF THE TOWN GATOS
LOS GATOS, CALIFORNIA
ATTEST:
1/
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
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EXHIBIT A
CONDITIONS OF APPROVAL OF
ARCHITECTURE AND SITE APPLICATION S -95 -47
17651 TOURNEY ROAD
TO THE SATISFACTION OF THE PLANNING DIRECTOR:
1. All conditions of this application shall be printed on the cover sheet of the building
permit plans.
(Engineering Development Section)
2. Submit a separate copy of the final grading, drainage, retaining wall, driveway, utility
and interim erosion control plans to the Engineering Section of the Planning
Department.
3. No grading or earth - disturbing activities shall be initiated between October 1 and April
15. For grading operations commenced before October 1, all grading or earth -
disturbing activities shall cease October 15 and will not be allowed to restart until April
15. These limitations shall apply to the following: driveway, building pads,
foundation trenches and drilled piers, retaining walls, swimming pools, tennis courts,
outbuildings, and utility trenches. Install interim erosion control measures, shown on
the approved interim erosion control plan, by October 1, if final landscaping is not in
place. Maintain the interim erosion control measures throughout the October 1 to
April 15 period.
4. A Grading Permit will be required for the construction of the driveway. No permit for
grading or construction of the driveway will issue until the applicant demonstrates to
the satisfaction of the Planning Director that the applicant owns the right to vehicle
access of at least 9 -foot width to pass over Area 1 as generally shown in Exhibit A -1
hereto.
5. All fees, as applicable, are to be paid before any permits are issued.
6. The half -moon access (Existing Driveway - Area 2 on Exhibit A -1) to be brought up to
minimum standard specified by the Town Zoning Ordinance.
TO THE SATISFACTION OF THE DIRECTOR OF BUILDING & ENGINEERING
SERVICES:
IW
7. Horizontal and vertical controls shall be set and certified by a licensed surveyor or
registered civil engineer for the following items:
a. Pad elevation.
b. Finish floor elevation.
C. Foundation corner locations.
d. Retaining wall -- top of wall elevations and location.
e. Toe and top of cut and fill slopes.
TO THE SATISFACTION OF THE DIRECTOR OF BUILDING & ENGINEERING
SERVICES:
No construction or grading will take place within the dripline of existing trees.
A retainer wall shall be built around the existing Oak tree located in the area of the
cross section labeled A.
10. Newly planted trees shall be double - staked, using rubber tree ties and shall be planted
prior to finaling the grading permit.
11. All impervious surfaces encroaching under the dripline of existing trees shall have
aeration tubes installed.
12. Prior to any building permits being issued for the grading work, the applicant shall
meet with the Parks Superintendent concerning the need for protective tree fencing.
Such fencing is to be installed prior to, and shall be maintained during construction.
13. All existing trees shown to remain on the plan are specific subjects of approval of this
plan and must remain on site.
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