1988-132-Approval Of Plans For Construction Of A Multi-Purpose Building On Property In The HR-1 Zone And Making Certain Modifications To The ApprovalRESOLUTION NO: 1988 -132
RESOLUTION DENYING APPEAL OF PLANNING COMMISSION APPROVAL
OF PLANS FOR CONSTRUCTION OF A MULTI - PURPOSE BUILDING
(GYMNASIUM /CLASSROOM) ON PROPERTY IN THE HR -1 ZONE AND MAKING
CERTAIN MODIFICATIONS TO THE APPROVAL
(16000 MARCHMONT DRIVE - HILLBROOK SCHOOL)
WHEREAS:
A. Hugh F. Thomson, individually and on behalf of the Ann
Arbor - Wollin Way Homeowners Association; Jeffrey A. Barnett, individually
and on behalf of the Ann Arbor - Wollin Way Homeowners Association; and
Homer L. Higginson have appealed a decision of the Planning Commission as
follows: approval of plans for construction of a multi - purpose building
(gymnasium /classroom) on property in the HR -1 Zone located at 16000
Marchmont Drive and owned by Hillbrook School (Conditional Use Permit
Application A- 80 -10B, Architecture and Site Application S- 80 -23B and
recommended negative declaration);
B. A public hearing was held by the Town Council on March 7,
1988, on April 18, 1988 continued to May 16, 1988, continued to and held
on June 6, 1988.
BE IT RESOLVED:
A. The Town Council hereby finds that the decision of the
Planning Commission was correct to locate the multi - purpose building at
site F.
B. The Town Council hereby further finds that the Negative
Declaration made by the Planning Commission for approval of Conditional
Use Permit U- 80 -10B and Architecture and Site Application S -80 -23B was
correct and hereby makes same.
C. The Town Council hereby further finds that the findings made
by the Planning Commission pursuant to Zoning Ordinance Section 5.20.210
are correct as follows:
1. The proposed uses are desirable to the public convenience or
welfare in that this application will provide additional education
services to the community;
2. The proposed uses will not impair the integrity and character
of the zone in that the HR zoning for this property permits a school
and educational activities;
3. The proposed uses will not be detrimental to public health,
safety or general welfare in that the educational activity provided
is consistent with the public health, safety and general welfare;
and
4. The proposed uses are in harmony with the various elements or
objectives of the General Plan and the purposes of the ordinance and
will provide an educational activity to the youth and a service to
the community by way of a private education function.
D. Based on the foregoing, the appeal is denied and the Council
hereby modifies the Planning Commission approval as follows: approval of
plans for Hillbrook Founder's Hall dated May 5, 1988 prepared by Andrew
James Ring III, AIA Architect, Inc. Sheets 1 -4, 6 and 7; plan for
Hillbrook Founder's Hall, Alternate Proposal for North and East Elevation,
dated May 20, 1988, prepared by Warren P. Heid, AIA; Proposed Emergency
Access Road and Bridge Modifications for Founder's Hall, Hillbrook School,
dated May 5, 1988, prepared by Steven Arnold, Civil Engineer, 8 sheets;
and Landscape Plan, dated May 15, 1988, prepared by Barrie D. Coate, one
sheet.
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E. The Town Council hereby approves Conditional Use Permit
U- 80 -10B and Architecture and Site Application S- 80 -23B with the following
conditions:
TO THE SATISFACTION OF THE PLANNING DIRECTOR:
1. The emergency access road to Ann Arbor Drive shall not be opened up at
any time to public or school use. Construction access will be permitted
during the hours of 8:00 a.m. to 5:00 p.m., Monday through Friday.
2. The applicant shall maintain and promote (at least quarterly) a
car - pooling program for their students.
3. The enrollment shall be limited to 315 students.
4. All new activities referred to in Condition #6 which draw an audience to
the gymnasium shall take place after school hours.
5. The after school maximum number of employees on site during activities in
the auditorium which draws an audience shall not exceed 12.
6. There shall be no more than two nighttime activities per year; all
nighttime activities shall conclude by 10:30 p.m. Nighttime activity is
defined as any activity continuing past 9 p.m. After at least one year
of operation of the gymnasium, the applicant may request, without payment
of fee, a public hearing before the Planning Commission for the purpose
of modifying the number of allowed nighttime activities.
%. Hours of construction shall be limited from 8 a.m. to 5 p.m., Monday
through Friday.
8. Double paned windows shall be installed on all windows; exterior door
perimeters will be sealed to minimize activities inside from being heard
outside the building.
9. Doors and windows shall be allowed to remain open during activities for a
90 day period to determine if a noise problem exists, except for the
loading doors. If at the end of that time it is determined the noise
level has been exceeded, then it would be required that doors and windows
would be kept closed. The loading doors on the Ann Arbor side shall be
closed at all times whenever activities are being held inside the
building.
10. Music from live bands shall not be amplified.
11. No lease or rental of the building shall be permitted to third parties.
12. Construction vehicles shall park on the campus during the construction
and no unloading of heavy vehicles shall occur on neighborhood streets.
Vehicles of construction employees shall be parked on campus during
construction hours.
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TO THE SATISFACTION OF THE TOWN ENGINEER:
13. Guarantee, by contract and bond, the following improvements:
a, emergency access road linking the bridge across Ross Creek to the
end of Ann Arbor Drive, including asphaltic concrete paving and
aggregate base, 18 feet wide with a two foot shoulder, catch basin,
storm drainage outfall line and energy dissipator /outfall
structure;
b. emergency access only gate at the end of Ann Arbor Drive;
C. reconstruction of the Ross Creek bridge to provide a minimum of
40,000 pound live load capacity.
14. Receive approval of submitted grading, drainage, utility, erosion
control, emergency roadway, emergency access gate, Ross Creek bridge
reconstruction plans and dust control program prior to issuance of
building permit. The erosion and dust control programs shall be
implemented at all times during construction.
15. No grading or earth disturbing activities shall be initiated between
October 1 to April 15. For grading operations commenced prior to October
1, all grading or earth disturbing activities shall cease October 15 and
will not be allowed to restart until April 15. These limitations apply
to the following: driveways, building pads, foundation trenches and
drilled piers, retaining walls, swimming pools, tennis courts,
outbuildings, and utility trenches. 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 and maintained throughout the October 1 to April 15 period.
16. A well information questionnaire (available through the Town Engineer)
shall be completed.
17. A two -year tree maintenance contract shall be established for the
protection of existing and newly planted trees.
18. A 1603 Permit shall be obtained from the Dept. of Fish and Game for
proposed improvements in or near riparian areas within their
jurisdiction.
19. The light standards shall be a maximum of 14' high and shall be a 75 watt
high pressure sodium cut off style lighting. Town staff has the
discretion to approve lower light standards in the area between the
gymnasium and Ann Arbor Drive. All lighting shall be directed away from
the adjacent parcels.
TO THE SATISFACTION OF THE CENTRAL FIRE DISTRICT AND POLICE DEPARTMENT:
20. Locking devices for the emergency access gate shall be installed.
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TO THE SATISFACTION OF THE CENTRAL FIRE DISTRICT:
21. A 42 -foot inside turning radius along the emergency access road
shall be provided.
22. Provide emergency access road for fire apparatus prior to issuance
of a building permit.
23. Install new fire hydrants as needed prior to issuance of a building
permit.
TO THE SATISFACTION OF THE BUILDING OFFICIAL:
24. Access to entrances and restrooms within the gymnasium facility
shall meet all Title 24 handicapped accessibility requirements.
TO THE SATISFACTION OF THE DIRECTOR OF PARKS, FORESTRY & MAINTENANCE
SERVICES:
25. 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.
26. Interlocking pavers shall be installed on portions of the access
roadway which are underneath the driplines of existing trees.
27. The proposed screening trees as viewed from the Ann Arbor approach
to the property shall be continually trimmed so that the trees do
not project above the height of the building.
TO THE SATISFACTION OF SANTA CLARA VALLEY WATER DISTRICT:
28. Applicant shall dedicate right -of -way adjacent to the creek in fee
to the Town who will grant the appropriate easement to the SCVWD for
flood control purposes.
TO THE SATISFACTION OF THE TOWN ATTORNEY AND THE TOWN ENGINEER:
29. The applicant shall enter into an agreement with the Town to install
and maintain an emergency access road and gate across the one foot
strip of land owned by the Town at the end of Ann Arbor Drive. This
agreement shall be in perpetuity and shall be recorded.
2002
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.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town
of Los Gatos, California, held on the 20 day of June
19F3R by the following vote.
AYES: COUNCIL MEMBERS Thomas J. Ferrito, Robert L. Hamilton,
Brent N. Ventura and Mayor Eric D. Carlson
NOES: COUNCIL MEMBERS None
ABSTAIN: COUNCIL MEMBERS None
ABSENT: COUNCIL MEMBERS Joanne Benjamin
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
ATTEST:
CLERK OF THE TOWN OF LOS GATO
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