1991-214-Denying Appeal Of Planning Commission Decision To Approve An Application To Expand An Existing Single-Family Residence In The HR-2 1/2 Zone; Architecture And Site Application S-85-22BCORRECTED VERSION
RESOLUTION 1991 - 214
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
DENYING APPEAL OF PLANNING COMMISSION DECISION TO APPROVE
AN APPLICATION TO EXPAND AN EXISTING SINGLE - FAMILY
RESIDENCE IN THE HR -2 1/2 ZONE; ARCHITECTURE AND
SITE APPLICATION S- 85 -22B
(300 SANTA ROSA DRIVE /OWNER: STEVE WOZNIAK/
APPELLATE: GERALD DAVIDSON)
WHEREAS:
A. Gerald Davidson, appellant, has appealed a decision of the Planning Commission
approving an application to expand an existing single - family residence in the HR -2 1/2
zone (Architecture and Site Application S -85 -2213). Property located at 300 Santa Rosa
Drive, and owned by Steve Wozniak;
B. The Planning Commission heard this matter on June 24, 1991 and remanded the
matter to the Development Review Committee to incorporate additional conditions to
mitigate the neighborhood concerns relating to construction;
C. The Planning Commission heard this matter on July 17, 1991 and approved
the application with the following modifications and conditions:
TO THE SATISFACTION OF THE PLANNING DIRECTOR:
1. No large delivery trucks or slow moving vehicular traffic will be
allowed before 8:30 a.m. or after 3:30 p.m.
2. Flagmen will be posted at strategic locations during deliveries between
8:30 a.m. to 3:30 p.m. to assist homeowners.
3. Hours of construction for work proposed under this application shall
be from 8:30 a.m. to 6:00 p.m., Monday through Friday. No construction work
shall occur on weekends during the period of June 21 through November 2
and after those dates interior work only with hours restricted to 9:00 a.m. to
6:00 p.m.
4. The portable toilet shall be stored out of sight of the neighbors
`a
5. The Supervising General Contractor shall be responsible for the daily
cleaning of the construction site, street, and designated parking areas for the
duration of construction.
6. That portion of the designated private open space utilized for
construction equipment parking shall be cleared, cleaned and reseeded prior
to issuance of a Building Permit.
TO THE SATISFACTION OF THE TOWN ENGINEER:
7. No curbside parking of construction vehicles or equipment shall be
allowed along Santa Rosa Drive. All such vehicles shall be parked on the
subject site. Other off - street parking areas shall be reviewed and approved
by the Town. A staging plan for heavy equipment and construction vehicles
will be reviewed for the adequacy of parking to the satisfaction of the Town
Engineer and monitored by the Building Official.
8. The applicant shall be required to maintain two -way traffic at all times
on Santa Rosa Drive. If two -way traffic cannot be maintained, the Town
Engineer shall be notified in advance. Prior approval may be obtained to
temporarily close one lane at a time with the provision that a ten -foot
minimum width traffic lane be maintained and that flagmen be located at both
ends of the closure.
9. Final grading, drainage, retaining wall and interim erosion control plans
shall be submitted to the Engineering Department.
10. Interim and final erosion control plans shall be prepared and
submitted. Grading activities shall be limited to the period of least rainfall
(April 15 to October 1). If grading is allowed to proceed during the rainy
season, maximum of two weeks shall be allowed between clearing of an area
and stabilizing /building on this area. In addition, straw bales and plastic
sheeting shall be stored on -site for emergency control, if needed. To protect
downstream water quality during winter months, filter berms, check dams,
retention basins, silt fences, and straw bale dikes shall be installed as needed
on the project site.
11. A Grading Permit will be required for the grading outside the building
perimeter.
12. Any section of curb and gutter along the frontage of the property that
are currently broken, raised, or any sections damaged during construction shall
be replaced.
13. Any work in the public right -of -way will require a Construction
Encroachment Permit.
3
14. Any existing sanitary sewer lateral proposed for reuse shall be televised
and approved by West Valley Sanitation District.
15. A sanitary sewer lateral clean -out shall be installed at the property line
if one does not already exist within two feet of the property line.
16. A five -year tree maintenance agreement shall be entered into for
existing and newly planted trees.
TO THE SATISFACTION OF THE DIRECTOR OF PARKS, FORESTRY &
MAINTENANCE SERVICES:
17. Newly planted trees shall be double- staked, using rubber tree ties and
shall be planted prior to occupancy.
18. 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 & Maintenance Services.
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.
D. A public hearing was held before the Town Council on September 3, 1991 and
a motion to deny the appeal failed on a tie vote.
RESOLVED:
The action of the Planning Commission is final.
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.
11
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town
of Los Gatos, California, held on the 19th day of September, 1991 by the following vote.
COUNCIL MEMBERS:
AYES: Randy Ataway, Joanne Benjamin, Steven Blanton
NAYS: None
ABSENT: Eric D. Carlson
ABSTAIN: Mayor Brent N. Ventura
SIGNED: �� /
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
5
IN CORRECT VOTE
RESOLUTION 1991 - 214
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
DENYING APPEAL OF PLANNING COMMISSION DECISION TO APPROVE
AN APPLICATION TO EXPAND AN EXISTING SINGLE - FAMILY
RESIDENCE IN THE HR -2 1/2 ZONE; ARCHITECTURE AND
SITE APPLICATION S- 85 -22B
(300 SANTA ROSA DRIVE /OWNER: STEVE WOZNIAK/
APPELLATE: GERALD DAVIDSON)
WHEREAS:
A. Gerald Davidson, appellant, has appealed a decision of the Planning Commission
approving an application to expand an existing single - family residence in the HR -2 1/2
zone (Architecture and Site Application S- 85 -2213). Property located at 300 Santa Rosa
Drive, and owned by Steve Wozniak;
B. The Planning Commission heard this matter on June 24, 1991 and remanded the
matter to the Development Review Committee to incorporate additional conditions to
mitigate the neighborhood concerns relating to construction;
C. The Planning Commission heard this matter on July 17, 1991 and approved
the application with the following modifications and conditions:
TO THE SATISFACTION OF THE PLANNING DIRECTOR:
1. No large delivery trucks or slow moving vehicular traffic will be
allowed before 8:30 a.m. or after 3:30 p.m.
2. Flagmen will be posted at strategic locations during deliveries between
8:30 a.m. to 3:30 p.m. to assist homeowners.
3. Hours of construction for work proposed under this application shall
be from 8:30 a.m. to 6:00 p.m., Monday through Friday. No construction work
shall occur on weekends during the period of June 21 through November 2
and after those dates interior work only with hours restricted to 9:00 a.m. to
6:00 p.m.
4. The portable toilet shall be stored out of sight of the neighbors
2
5. The Supervising General Contractor shall be responsible for the daily
cleaning of the construction site, street, and designated parking areas for the
duration of construction.
6. That portion of the designated private open space utilized for
construction equipment parking shall be cleared, cleaned and reseeded prior
to issuance of a Building Permit.
TO THE SATISFACTION OF THE TOWN ENGINEER:
7. No curbside parking of construction vehicles or equipment shall be
allowed along Santa Rosa Drive. All such vehicles shall be parked on the
subject site. Other off - street parking areas shall be reviewed and approved
by the Town. A staging plan for heavy equipment and construction vehicles
will be reviewed for the adequacy of parking to the satisfaction of the Town
Engineer and monitored by the Building Official.
8. The applicant shall be required to maintain two -way traffic at all times
on Santa Rosa Drive. If two -way traffic cannot be maintained, the Town
Engineer shall be notified in advance. Prior approval may be obtained to
temporarily close one lane at a time with the provision that a ten -foot
minimum width traffic lane be maintained and that flagmen be located at both
ends of the closure.
9. Final grading, drainage, retaining wall and interim erosion control plans
shall be submitted to the Engineering Department.
10. Interim and final erosion control plans shall be prepared and
submitted. Grading activities shall be limited to the period of least rainfall
(April 15 to October 1). If grading is allowed to proceed during the rainy
season, maximum of two weeks shall be allowed between clearing of an area
and stabilizing /building on this area. In addition, straw bales and plastic
sheeting shall be stored on -site for emergency control, if needed. To protect
downstream water quality during winter months, filter berms, check dams,
retention basins, silt fences, and straw bale dikes shall be installed as needed
on the project site.
11. A Grading Permit will be required for the grading outside the building
perimeter.
12. Any section of curb and gutter along the frontage of the property that
are currently broken, raised, or any sections damaged during construction shall
be replaced.
13. Any work in the public right -of -way will require a Construction
Encroachment Permit.
3
14. Any existing sanitary sewer lateral proposed for reuse shall be televised
and approved by West Valley Sanitation District.
15. A sanitary sewer lateral clean -out shall be installed at the property line
if one does not already exist within two feet of the property line.
16. A five -year tree maintenance agreement shall be entered into for
existing and newly planted trees.
TO THE SATISFACTION OF THE DIRECTOR OF PARKS, FORESTRY &
MAINTENANCE SERVICES:
1.7. Newly planted trees shall be double- staked, using rubber tree ties and
shall be planted prior to occupancy.
18. 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 & Maintenance Services.
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.
D. A public hearing was held before the Town Council on September 3, 1991 and
a motion to deny the appeal failed on a tie vote.
RESOLVED:
The action of the Planning Commission is final.
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.
2
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town
of Los Gatos, California, held on the 19th day of September, 1991 by the following vote.
COUNCIL MEMBERS:
AYES: Randy Ataway, Joanne Benjamin, Steven Blanton
Mayor Brent N. Ventura
NAYS: None
ABSENT: Eric D. Carlson
ABSTAIN: None
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
.....E
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
W1