1987-090-Requesting Removal Of A Condition Of Approval To Upgrade And Maintain Equestrian Trail Required On A Previous Application On Property In The HR-2 1/2 Zone And Making Certain Modifications To Permit OccupancyRESOLUTION NO: 1987 -93
RESOLUTION DENYING APPEAL OF PLANNING COMMISSION
APPROVAL WITH CONDITIONS OF ARCHITECTURE AND
SITE APPLICATION REQUESTING REMOVAL OF A
CONDITION OF APPROVAL TO UPGRADE AND MAINTAIN EQUESTRIAN
TRAIL REQUIRED ON A PREVIOUS APPLICATION ON PROPERTY
IAN THE HR -2 112 ZONE AND MAKING CERTAIN MODIFICATIONS
TO PERMIT OCCUPANCY
(227 Forrester Road - Donald and Grace Sparks)
WHEREAS:
A. Grace A. Sparks has appealed a decision of the Planning Commission as
follows: approval with modifications of Architecture and Site Application
S -84 -8B requesting removal of a condition of approval to upgrade and
maintain an equestrian trail required on a previous application on
property in the HR -2 112 zone on property located at 227 Forrester Road
and owned by Donald and Grace Sparks.
B. A public hearing was 'meld by the Town Council on July b, 1987.
IT IS HEREBY RESOLVED:
A. The Town Council hereby finds that the Planning Commission decision is
correct.
B. The Town Council further finds that the applicants may post a bond or
provide other approved security in the amount to cover the cost of the
construction of the trail and sign an appropriate agreement to allow
occupancy of the house. The amount of the bond or other security shall be
agreeable to the Town Engineer and Planning Director, The agreement shall
be to the satisfaction of the Town Attorney. The applicants shall be
given a reasonable amount of time to obtain a replacement trail agreeable
to 100% of the affected property owners, not to exceed one (1) year.
C. Based on the foregoing, the appeal is hereby denied. Applicants may
occupy the dwelling when the agreement has been executed and security has
been posted to the satisfaction of designated Torn staff.
D. Architecture and Site Application is hereby approved subject to the
following conditions:
I. Final grading, drainage, riasonry retaining wall and interim
and final erosion control plans shall be provided, to the
satisfaction of the Town Engineer.
2. No grading shall be initiated between October I to April 15.
If final landscaping is not complete by September I, interfin
erosion control measures shown on the approved interin erosion
control plan will be required to be instituted by October 1, to
the satisfaction of the Town Engineer.
3. Trees in proximity to construction or grading shall be
surrounded by protective fencing which shall be installed
prior to any on -site work being done, and must be maintained
until occupancy to the residence is granted by the Town, to
the satisfaction of the Director of Parks, Forestry and
Maintenance Services.
4. The ten (10) foot wide public service equestrian trial
easement shall be upgraded and maintained by the property
owner, to the satisfaction of the Town Engineer.
5. Applicants may post a bond or provide other approved security in
the amount to cover the cost of the construction of the trail
and sign an appropriate agreement to allow occupancy of the
house. The amount of the bond or other security shall be
agreeable to the Town Engineer and Planning Director. The
agreement shall be to the satisfaction of the Town Attorney.
The applicants shall be given a reasonable amount of time to
obtain a replacement trail agreeable to 100% of the affected
property owner, not to exceed one (1) year.
6. A solid walkway shall be provided from Forrester Road to the
house entrance, to the satisfaction of the Central Fire
Protection District.
7. The roof covering must be fire retardant, as approved by the
Central Fire Protection District.
6. A trail easement north of the brick stairway structure shall be
dedicated for equestrian path installation services to the
satisfaction of the Town Engineer.
9. A portion of the existing trail easement south of the proposed
dedication shall be abandoned to realign the trail easement
north of the existing brick stairway structure for equestrian
path installation purposes to the satisfaction of the Town
Engineer,
10, Conditions G and 9 should be completed prior to the construction
of the trail called for in condition 4 but need not be
completed prior to occupancy.
Pursuant to Los Gatos Town Code Section 1 -15, the tine 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 20th day of July
1937 by the following vote,
AYES: COUNCIL MEMBERS Eric D. Carlson, Thomas J. Ferrito,
____Robert L. Hamilton, and Mayor Brent N. Ventura.
NOES: COUNCIL MEMBERS
ABSTAIN: COUNCIL MEMBERS None
ABSENT: COUNCIL MEMBERS Joanne Benjamin
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
ATTEST:
DEPUTY CLERK F TH. I OF LO CATO�