1992-221-Correcting Clerical Error In Resolution 1991-88 Denying Appeal Of Planning Commission Approval Of Architecture And Site Application s-67-58A Requesting Approval For The Construction Of A New Medical And General Office BuildingRESOLUTION 1992 -221
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
CORRECTING CLERICAL ERROR IN RESOLUTION 1991 -88
DENYING APPEAL OF PLANNING COMMISSION APPROVAL OF
ARCHITECTURE AND SITE APPLICATION 5- 67 -58A
REQUESTING APPROVAL FOR THE CONSTRUCTION
OF A NEW MEDICAL AND GENERAL OFFICE BUILDING
(15400 NATIONAL AVENUE /ZENNIE GONZALEZ/
APPELLANT: LUDWIK M. BEDNARZ, ET AL.)
WHEREAS:
A. Ludwik M. Bednarz, Lee Sanner and Sara Fischer, have appealed a decision
of the Planning Commission approving Architecture and Site Application 5 -67 -58A
requesting approval of the construction of a new medical and general office building on
property located at 15400 National Avenue; and,
B. A public hearing was held by the Town Council on March 4, 1991, March 18,
1991, April 15, 1991, and December 7, 1992.
C. At the time the applicant sought permits for the project, it was determined
that Condition 13 in Council Resolution 1991 -88 did not reflect the Planning Commission's
original action as noticed to the applicant in correspondence dated January 31, 1991.
BE IT RESOLVED:
A. The Town Council hereby finds that no evidence was presented that the
Planning Commission erred.
B. Based on the foregoing findings, the appeal is denied and Architecture and
Site Application S -67 -58A is hereby granted with the following conditions:
TO THE SATISFACTION OF THE PLANNING DIRECTOR:
1. The driveway north of 15400 National Avenue shall be designated as
"entrance only ".
2. The driveway south of 15400 National Avenue shall be designated as "exit
only" driveway.
3. The building permit plans must have noted on the cover sheet the conditions
of approval prior to the issuance of a Building Permit.
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4. A Tree Removal Permit must be obtained prior to obtaining a Building
Permit.
5. Documentation demonstrating that all residents currently residing at 15400
National Avenue have been satisfactorily relocated must be provided prior to the
issuance of any demolition or Building Permit.
TO THE SATISFACTION OF THE TOWN ENGINEER:
6. Final grading, drainage, driveway and utility plans shall be submitted to the
Engineering Department.
7. A soils and geologic report shall be prepared which provides specific criteria
and standards governing site grading, drainage, pavement design and foundation
design. A registered civil engineer, specializing in soil mechanics, should be included
in the group that prepares this report.
8. Any sections of curb, gutter and sidewalk along the frontage of this property
that are currently broken or raised, or any sections damaged during construction,
shall be replaced.
9. All work in the public right -of -way will require a Construction Encroachment
Permit.
10. A well information questionnaire (available through the Town Engineer) shall
be completed.
1.1. The following shall be dedicated:
a. Northwest corner of site. The cord of a 20 -foot property radius return
for installation of a handicapped ramp.
b. Ingress- egress, storm drain, sanitary sewer and public utility easement
as required.
12. The applicant shall pay a Traffic Impact Mitigation Fee based upon the fee
schedule in effect at the time occupancy is granted to be at least $12,033. This fee
shall be paid prior to the issuance of a Certificate of Occupancy.
13. An agreement shall be entered into guaranteeing payment of 100 percent of
the actual cost to install a traffic signal at the intersection of Los Gatos- Almaden
Road and National Avenue (not to exceed $64,750). This cost to the applicant shall
be paid prior to the issuance of a Certificate of Occupancy.
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14. 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
15. All documents, contracts, insurance, and fees, as applicable, shall be provided
prior to issuance of the Building Permit.
16. A five -year tree maintenance agreement shall be entered into for the
protection of existing and newly planted trees.
TO THE SATISFACTION OF THE DIRECTOR OF PARKS_ FORFCTRV xT
MAINTENANCE SERVICES:
17. Landscaping shall include large growing evergreens at the frontage of DeSoto
and National Avenues.
18. 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.
19. 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.
TO THE SATISFACTION OF THE CENTRAL FIRE DISTRICT:
20. Two (2) approved fire hydrants shall be provided.
21. Provide an approved NFPA 13 automatic fire sprinkler system throughout.
Sprinkler system design criteria shall be NFPA Pamphlet 13, Ordinary Hazard,
Group III.
22. Fire lane marking is required on -site. Field direction shall be given by the
Central Fire District.
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Pursuant to Los Gatos Town Code Section 1 -15, the time for seeking judicial review
for the Town Council decision is governed by California Code of Civil Procedure Section
1094.6.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town
of Los Gatos, California, held on the 7th day of 1992, by the following vote:
COUNCIL MEMBERS:
AYES: Randy Attaway, Joanne Benjamin, Steven Blanton, Brent N. Ventura, and
Mayor Joanne Benjamin
NAYS: None
ABSENT: None
ABSTAIN: None
SIGNED:
YOR OF THE T N OF LOS GATOS
kS GATOS, CALIF NIA
ATTEST:
C
E TOWN CLERK OF TO J
OFrSGI�
LOS GATOS, CALIFORNIA
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