1988-075-Reversing An Existing 4-Lot Subdivision Of 1.121 Acres Back To Acreage And Eliminating All Interior Property Lines On Property In The R-1:8000 ZoneRESOLUTION NO: 198198— -- 8-75 _
RESOLUTION REVERTING AN EXISTING 4 -LOT SUBDIVISION OF 1.121 ACRES
BACK TO ACREAGE AND ELIMINATING ALL INTERIOR PROPERTY LINES ON
PROPERTY IN THE R- 1:8000 ZONE, REVERTING SAID SUBDIVISION TO ACREAGE,
AND APPROVING A 3 -LOT SUBDIVISION IN THE R- 1:8000 ZONE
(155 COLLEGE AVENUE - JON ANDERSON)
WHEREAS:
A. On January 28, 1987 the Planning Commission recommended
approval of eliminating the property lines previously established by a
4 -lot subdivision and reverting the entire 1.121 acre parcel back to
acreage and referred the matter to the Town Council;
B. On August 17, 1987 the Town Council considered the matter and
continued the matter until March 21, 1988 and to April 18, 1988 so that
the subdivider could process a 3 -lot subdivision;
C. On March 9, 1987 the Planning Commission recommended to
forward to Council the 3 -lot subdivision with a recommendation 1) to
revert the property to acreage and leave it as a single parcel; or 2) to
approve a 2 -lot subdivision; or 3) to approve a 3 -lot subdivision, in that
respective order; and
D. On April 18, 1988 the Town Council held a public hearing on
the 3 -lot subdivision application and the reversion to acreage
recommendation.
BE IT RESOLVED:
A. The Town Council hereby makes the following finding pursuant
to Government Code Section 66499.16:
1• The dedications to be vacated or abandoned by the reversion to
acreage are not necessary for present or prospective public
Purposes; and
2. None of the improvements required to be made within two (2)
years from the date the final map was filed for record, or
within the time allowed by agreement for completion of the
improvements were made; and
3. No lot shown on the final map has been sold within five (5)
years from the date such map was filed for record.
B. The Town Council further makes the following findings and
conditions of reversion pursuant to Government Code Section 66499.17:
1. The dedications are necessary for the purposes specified by
local ordinance following the reversion, specifically:
a. Retention of a 30 foot wide half street dedication along
the full frontage of the property for future street
improvement; and
b. Retention of slope easements adjacent to and easterly of
the proposed College Avenue right -of -way as shown in the
reversion to acreage map.
2. All previously paid fees and shall be retained because the
charges are necessary to accomplish the purpose of the
Subdivision Map Act and The Town Subdivision Ordinance.
C. Based on the foregoing, the Town Council hereby eliminates the
property lines previously established by the 4 -lot subdivision at 155
College Avenue (Subdivision Application M- 80 -35) and reverts the 1.121
acre parcel back to acreage with conditions as set forth in preceding
paragraph B.
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D. The Town Council hereby finds that the reasons for denial of a
3 -lot subdivision (Subdivision Application M- 80 -35A) do not exist and
makes the following findings pursuant to Government Code Section 66474:
1. That the proposed map is consistent with the Town's General
Plan and the Hillside Specific Plan in that the density is
appropriate and a land locked parcel is not being created.
2. That the design of the proposed subdivision is consistent with
applicable general and specific plans in that new housing will
be provided.
3. That the site is physically suitable for the type of
development since it is in a residential area.
4. That the site is physically suitable for the proposed density
of development since the lots meet all zoning requirements.
5. That the design of the subdivision and the proposed
improvements are not likely to cause substantial environmental
damage or substantially and avoidably injure fish or wildlife
or their habitat since the subdivision is located in an
already developed area.
6. That the design of the subdivision and type of improvements is
not likely to cause serious public health problems since it
meets all Town requirements.
7. That the design of the subdivision and the type of
improvements will not conflict with easements, acquired by the
public at large, for use of the property within the proposed
subdivision since the building setbacks are outside of the
easement.
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E. Based on the foregoing findings, Subdivision Application
M- 80 -35A for a 3 -lot subdivision is approved with the following
conditions:
1. Final grading drainage, masonry retaining wall, driveway,
utility, interim and final erosion control plans shall be
provided.
2. No grading or earth disturbing activities shall be initiated
between October lst to April 15th. For grading operations
commenced prior to October lst, all grading or earth allowed
to restart until April 15th. If final landscaping is not
completed by September lst, interim erosion control measures
shown on the approved interim erosion control plan will be
required to be instituted by October lst and maintained
through the October 1st to April 15th period.
3. A Grading Permit will be required for the construction of
access road and free - standing retaining walls.
4. A soils and geologic report shall be prepared which provides
specific criteria and standards governing site grading,
drainage, retaining wall design, and erosion control. A
registered civil engineer, specializing in soil mechanics,
should be included in the group that prepares this report.
5• All grading operations shall be continuously inspected by the
soils engineer or his qualified representative and these
inspections should be coordinated with regular Town
inspections. The soils engineer shall submit a final grading
report prior to occupancy.
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6. Any work in the public right -of -way will require an
Encroachment Permit.
7. A well information questionnaire shall be completed.
8. A final map shall be filed.
9. Ingress- egress, storm drain, sanitary sewer and public utility
easements as required shall be dedicated.
10. Curb, gutter and sidewalk retaining wall, tie -in paving and
street lighting improvements at College Avenue shall be
guaranteed by contract, Faithful Performance Security, Labor &
Materialman's Security, insurance, and completed prior to the
occupancy of any new building.
11. All documents, contracts, bonds, insurance, as applicable,
shall be provided prior to recordation of any final map or
issuance of any permits.
12. Interim and final erosion control plans shall be prepared and
submitted.
13• A two year Tree Maintenance Agreement shall be entered into.
14. Active cable television services shall be provided to each
lot.
15. All lots shall be surveyed and monumented (set pipes) prior to
construction.
16. Horizontal and vertical controls shall be set by a licensed
surveyor or a registered civil engineer for pad location;
finish floor elevation; foundation corner location;
17. Safety railing shall be installed on the top of the retaining
wall at the fire truck turnaround area and back -up area on Lot
3•
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18. All utility trenches within the driplines of existing trees
shall be hand dug.
19. Architecture and Site Approval shall be obtained and
demolition of the residence shall be completed prior to
recordation of the Final Map.
20. The required width and length of access roadway and fire
department turnaround area shall not be obstructed in any
manner, including parking of vehicles, "No parking" signs or
other appropriate notice prohibiting obstructions shall be
required and shall be maintained.
21. During the Architecture and Site Approval process, the
residences shall be designed to provide to the extent feasible
for active and passive natural heating or cooling
opportunities.
PASSED AND ADOPTED at a regular meeting of the Town Council of the
Town of Los Gatos, California, held on the 2 day of May
1988 by the following vote.
AYES: COUNCIL MEMBERS_ Joanne Benjamin Robert L Hamilton
Brent N. Ventura and Mayor Eric D Carlson
NOES: COUNCIL MEMBERS Thomas J. Ferri
ABSTAIN: COUNCIL MEMBERS None
ABSENT: COUNCIL MEMBERS None
SIGNED:
P R OF THE TO NW OF LOS GATOS
ATTEST:
CLERK OF THE TOWN OF LO AT S
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