1991-234-Denying An Appeal Of A Decision Of Planning Commission Approving A Tenative Parcel Map To Subdivide One Lot Into Three Lots On 67,281 SQ. FT. Of Property In The R-1:20,000 ZoneRESOLUTION 1991 - 234
RESOLUTION OF THE TOWN OF LOS GATOS DENYING AN APPEAL
OF A DECISION OF THE PLANNING COMMISSION APPROVING
A TENTATIVE PARCEL MAP TO SUBDIVIDE ONE LOT INTO
THREE LOTS ON 67,281 SQ. FT. OF PROPERTY IN THE R- 1:20,000
ZONE; SUBDIVISION APPLICATION M -89 -14
(16015 SHORT ROAD /OWNER: DEWEY SANDERS /APPELLANT VEVA MUSICK BENSON)
WHEREAS:
A. Veva Musick Benson, appellant, appealed a decision of the Planning
Commission approving a tentative parcel map to subdivide one lot into three lots
on 67,281 sq. ft. of property in the R- 1:20,000 zone, property located at 16015
Short Road (Subdivision Application M- 89 -14); and
B. On May 8, 1991 the Planning Commission approved the tentative map
subject to conditions; and
C. A public hearing was held before the Town Council on July 1, 1991
and continued to October 7, 1991.
RESOLVED:
A. The Town Council hereby finds no evidence or testimony was presented
that the Planning Commission erred in its decision.
B Based on the foregoing findings, the appeal is denied, and the
project is approved subject to the following conditions:
TO THE SATISFACTION OF THE PLANNING DIRECTOR:
1. A Tree Removal Permit shall be obtained prior to the issuance of a
Building Permit.
2. During the Architecture and Site application process all new
residences, to the extent feasible, shall be designed to take full
advantage of passive solar opportunities.
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TO THE SATISFACTION OF THE TOWN ENGINEER:
3. A soils and geologic report shall be prepared which provides specific
criteria and standards governing site grading, drainage, pavement
design, and erosion control. A registered civil engineer,
specializing in soil mechanics, should be included in the group that
prepares this report.
4. A well information questionnaire (available through the Town
Engineer) shall be completed.
5. A parcel map shall be filed and recorded.
6. The following shall be dedicated:
a. Old Blossom Hill Road. A 30 -foot half - street right -of -way with
the chord of a 20 -foot radius return at the intersection.
b. Short Road. A 20 -foot half- street right -of -way with the chord
of a 20 -foot radius return at the intersection.
C. Ingress- egress, storm drainage, sanitary sewer and public
service easements, as required.
7. The following improvements shall be guaranteed by contract, Faithful
Performance Security, Labor & Materials Security, insurance holding
the Town harmless shall be provided, and completed prior to the
occupancy of any new building:
a. Old Blossom Hill Road. Curb, gutter, sidewalks, street light,
tie -in paving, signing, striping, storm and sanitary sewers
as required.
b. Short Road. Curb, gutter sidewalks, street light, tie -in
paving, signing, striping, storm and sanitary sewers as
required.
8. Payment of a Traffic Impact Mitigation fee for two (2) detached
family dwellings prior to the issuance of the Certificates of
Occupancy for any new dwelling to be built on the newly created lots.
9. Underground cable television service shall be provided to all new
lots.
10. Any existing sanitary sewer lateral proposed for reuse shall be
televised and approved by West Valley Sanitation District.
11. A sanitary sewer lateral clean -out shall be installed at the property
line for all lots.
12. All documents, contracts, security, insurance, and fees, as
applicable, shall be provided prior to the recordation of the map.
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13. Provide hydraulic analysis of the existing storm drainage facilities
along the Old Blossom Hill Road frontage of the site between Short
Road and Mary Way. Storm drainage facilities required to mitigate
both on and off -site drainage shall be constructed.
14. Construct a private storm drain system along the westerly boundary
of this subdivision and along the westerly boundary of Lot 1, that
will intercept all the storm water run -off from the site and convey
it to the system to be constructed in Old Blossom Hill Road.
15. Note on the parcel map and on the deeds for Lots 1, 2 and 3, that
the owners of each lot shall maintain the private storm drainage
improvements on their lot.
16 A northerly portion of the driveway, across the front of the house
shall be eliminated.
17. A five -year Tree Maintenance Agreement shall be entered into.
TO THE SATISFACTION OF THE DIRECTOR OF PARKS, FORESTRY AND MAINTENANCE SERVICES:
18 Newly planted trees shall be double- staked, using rubber tree ties
and shall be planted prior to occupancy.
19. 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.
20. No irrigation or planting shall be permitted under the dripline of
existing native trees.
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.
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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 21st day of October, 1991 by the following
vote.
COUNCIL MEMBERS:
AYES: Randy Attaway, Steven Blanton
NAYS: None
ABSENT: None
ABSTAIN: Joanne Benjamin, Eric D. Carlson, Mayor Brent N. Ventura
SIGNED:��`
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
�,. QTR
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CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
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