1986-174-Denial Of Subdivision Application Requesting Approval Of A Tentative Subdivision Map To Divide An Approximately Five Acre Parcel Into 20 LotsRESOLUTION NO. 1986 -174
RESOLUTION GRANTING APPEAL OF PLANNING COMMISSION
DENIAL OF SUBDIVISION APPLICATION REQUESTING APPROVAL
OF A TENTATIVE SUBDIVISION MAP TO DIVIDE AN
APPROXIMATELY FIVE ACRE PARCEL 114TO 20 LOTS ON
PROPERTY LOCATED IN THE R- 1:8,000 ZONE AND APPROVING A
TENTATIVE SUBDIVISION MAP FOR 19 LOTS WITH SPECIFIED
CONDITIONS
(16500 Mozart Avenue, YMCA of Santa Clara Valley)
WHEREAS:
A. Fred L. Bradley, President of the YMCA of Santa Clara Valley,
appealed a decision of the Planning Commission as follows: denial of
Subdivision Application is -85 -14 requesting approval of a tentative
subdivision map to divide an approximately five acre parcel into 20 lots
on property located in the R- 1;8,000 Zone at 16500 Mozart Avenue and owned
by the YMCA of Santa Clara Valley.
B. A public hearing was held by the Town Council on November 3, 1986.
IT IS HEREBY RESOLVED:
A< The Town Council hereby finds that the Planning Commission erred as
follows:
1. Misinterpretation of the General Plan in not considering that
Section 5.52 contemplates changes in uses in and along the Route 85
corridor for one - quarter mile by an interim zoning plan;
2. Not considering the proposed project would result in a net
decrease in traffic generation;
3. Not considering the location of the YMCA on two dead end streets
in the middle of a single family neighborhood; and
4. Not recognizing that the proposal was consistent with current
zoning.
B. The Town Council further makes the Negative Declaration pursuant to
Public Resources Code Section 20180 that the project will not have
significant impact on the environment.
C. The Town Council further finds that reasons for denial do not exist
under Section 66474 of the State Subdivision Map Act.
D. The Town Council hereby grants the appeal and approves the tentative
subdivision map for 19 lots subject to the following conditions:
1. The maximum number of lots in the subdivision shall be 19.
2. A final map shall be filed, to the satisfaction of the Town
Engineer,
3. The following shall be dedicated, to the satisfaction of the Town
Engineer:
a. Cul -de -sacs. A 56 -foot street right -of -way with a standard
42 -foot radius cul -de -sac.
b. Mozart Avenue. A 30 -foot half- street right -of -way with a
standard 20 -foot radius curb return.
c. Storm, sanitary and utility easements as required.
4. The following improvements shall be guaranteed by contract,
Faithful Performance Bond, Labor & Materialman's Bond, and insurance
to the satisfaction of the Town Engineers
a. Cul -de -sacs. Curb, gutter and sidewalk, paving, street
lighting, storm and sanitary sewers, underground all utilities,
and signing.
b. Mozart Avenue. A standard 30 -foot half - street, including curb
and gutter, sidewalks, street lighting, tie -in paving, signing and
storm and sanitary sewers, as required.
c. Erosion control.
d. Paved utility access road over easement on Lot 20.
5. All documents, contracts, bonds, insurance, as applicable, shall
be provided prior to recordation of any final reap or issuance of any
permits to the satisfaction of the Town Engineer,
6. Interim and final erosion control plans shall be prepared and
submitted to the satisfaction of the Town Engineer. 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, a 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.
7. A well information questionnaire (available through the Town
Engineer) shall be completed to the satisfaction of the Town
Engineer,
8. An agreement shall be entered into guaranteeing payment of the
6.75% of the cost of the traffic signal at Oka Road and Lark Avenue,
to the satisfaction of the Town Engineer
9. A two -year tree maintenance contract shall be established for the
protection of existing and newly planted trees, to the satisfaction
of the Town Engineer.
10. 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.
11. A final tree removal plan shall be approved by the Director of
Parks, Forestry and Maintenance Services as necessary for each
individual lot prior to issuance of any building permits.
12. The existing residence cannot be demolished, but nay be relocated
as approved by the Planning Director.
13. Where feasible, the proposed future residences shall be provided
with good solar orientation and other energy conservation features
such as solar hot water heating.
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 1094.6.
PASSED AND ADOPTED at a regular meeting of the Town Council of the
Town of Los Gatos, California, held on the 17th day of Novemha.r '1986
by the following vote.
AYES: COUNCIL MEMBERS Joanne Benjamin Thomas J Ferrito and —
Vice -Mayor Brent N. Ventura
NOES: COUNCIL MEMBERS None
ABSTAIN: COUNCIL MEMBERS None
ABSENT: COUNCIL MEMBERS Eric D. Carlson an�di Ma or Terrence J. Dail
SIGNED:
VICE -MAYOR OF THE TOWN OF LOS GATOS
ATTEST:
CLER THE TO W OF LOS GATOSr