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1984-175-Granting Appeals With Modifications From Planning Commission Decision Approving Architecture And Site Application-PenningtonRESOLUTION NO. 1984 -175 RESOLUTION GRANTING APPEALS WITH MODIFICATIONS FROM PLANNING COM14ISSION DECISION APPROVING ARCHITECTURE AND SITE APPLICATION (Kennedy Road at Top of the Hill Road - Pennington) WHEREAS: 1. Larry Fluer, R. J. Nash, and James 'Hills have filed an appeal of the decision of the Planning Commission as follows: approving with conditions Architecture and Site Application S -84 -42 for the construction of a single family residence on a property located at Kennedy Road at Top of the Hill Road; and 2. William Pennington has filed an appeal of said decision of the Planning Commission; and 3. A public hearing was held by the Town Council on September 17, 1984; IT IS HEREBY RESOLVED: 1. The Town Council hereby finds that the Planning Commission erred as follows: a. The Commission did not have the newly discovered information that a well has been located on the subject property; b. The Commission failed to consider the historic features of the pillars located on the property which have significance relating to the heritage of the community and the way of life in the area; and C. The Commission failed to require that a fire protec- tion system be required to be installed prior to the issuance of a building permit. 2. Based on the foregoing findings, the appeals are granted as modified and Architecture and Site Application 5 -84 -42 is granted with the following conditions: 1. Grading, drainage, interim erosion control, final erosion control, water system, driveway, fire truck turnaround, and utility plans shall be provided to the satisfaction of the Town Engineer. 2. Verification of ingress - egress access rights over the joint use driveway shall be provided to the satisfaction of the Town Engineer and Town Attorney. 3. The location of the stable shall be revised such that its length is parallel with existing contours and the hillside excavation is minimized to the maximum extent practicable to the satisfaction of the Town Engineer. 4. A catch basin and storm drain pipe under Kennedy Road shall be provided and an encroachment permit obtained for this work to the satisfaction of the Town Engineer. 5. Biological testing or other satisfactory evidence shall be provided to the satisfaction of the Town Engineer to verify that the water source is potable. 6. Agreements shall be entered into to the satisfaction of the Town Engineer and Town Attorney for the future connection to the sanitary sewer system and public water system when they become available. 7. No grading shall be initiated between October 1 to April 15. If final landscaping is not complete by September 1, interim erosion control measures shown on the approved interim erosion control plan will be required to be instituted by October 1, to the satisfaction of the Town Engineer. 8. Approval of the septic tank sewage disposal system by the Santa Clara County Health Department shall be provided prior to the issuance of the building permit. 9. Prior to any 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. 10. The septic drainfield shall be kept away from any cut bank a distance which is greater than four times the height of that bank, but not to exceed 100 feet, or as specified by the County Environmental Health Services Department. 11. 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. 72. A two -year tree maintenance contract shall be established for the protection of newly planted trees and existing trees needed for screening, to the satisfaction of the Town Engineer. -2- 13. The applicant shall provide a certified engineering report as to the adequacy of the water supply for domestic and agricultural uses and that the water supply to the subject property shall not materially affect the water supply of the adjacent properties. The test for the adequacy of the water supply and for the affect of the water supply on the adjacent properties shall be performed by the applicants at their expense to the satisfaction of the Town Engineer. If the water supply of the adjacent properties is materially affected, then verification shall be provided to the satisfaction of the Town Engineer and Town Attorney that a recorded agreement has been entered into formalizing the mutual water system and delineating mutual water system shares, rights, and responsibilities. 14. Existing brush within the public right -of -way on both sides of the driveway shall be cleared to improve visibility, to the satisfaction of the Town Engineer. 15. Signs shall be placed on Kennedy Road (on each side of the drive- way) to warn oncoming traffic that there is a driveway, to the satisfaction of the Town Engineer. 16. The concrete pillars located on the property shall be retained and preserved but may be moved if driveway widening so requires. 17. Fire protection water system shall be installed and accepted prior to issuance of a building permit. Pursuant to Los Gatos Town Code Section 1 -15, the time for seeking judicial review of the Town Council decision is governed by California Code of Civil Procedure Section 1U94.6. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos held on the 1st day of October , 1984 by the following vote: AYES: COUNCILMEMBERS Joanne Benjamin, Eric D. Carlson, Terrence J. Daily, Brent N. Ventura and Mayor Thomas J. Ferrito NOES: COUNCILMEMBERS None ABSTAIN: COUNCILMEMBERS None ABSENT: ATTEST: LERK OF THE TOWN OF LOS Gft S �` -3-