1989-116-Approval Of A Tentative Map For A 32-Lot Residential Subdivision On 10.2 Acres Of Property At The Southeast Corner Of Blossom Hill And Roberts Road And Zoned R-1:8000-PDRESOLUTION NO: 1989 -116
RESOLUTION OF THE TOWN OF LOS GATOS DENYING APPEAL
OF PLANNING COMMISSION APPROVAL OF A TENTATIVE MAP
FOR A 32 -LOT RESIDENTIAL SUBDIVISION ON 10.2 ACRES
OF PROPERTY AT THE SOUTHEAST CORNER OF BLOSSOM HILL
AND ROBERTS ROADS AND ZONED R- 1:8000 -PD
(300 BLOSSOM HILL ROAD - VASONA HILLS PARTNERSHIP)
WHEREAS:
A. Anne Lamborn has appealed a decision of the Planning Commission as
follows: approval of a tentative map for a 32 -lot subdivision on 10.2 acres of
property at the southeast corner of Blossom Hill and Roberts Roads and zoned
R- 1:8000 -PD on property owned by Edward Nino and Vasona Hills Partnership
(Subdivision Application M- 89 -1); and
B. A public hearing was held by the Town Council on June 5, 1989,
BE IT RESOLVED:
A. The Town Council hereby finds that no evidence or testimony was
presented that the decision of the Planning Commission was in error.
B. The Town Council hereby further finds that subsequent to the
Planning Commission decision the Town Council held a public hearing on the
possible closure of Roberts Road on May 15, 1989 and determined to add specific
conditions to the subdivision approval concerning the potential closure of
Roberts Road.
C. The Town Council hereby further finds that reasons for denial of
the subdivision do not exist pursuant to Government Code Section 66474 of the
State Subdivision Map Act.
D. Based on the foregoing findings, the appeal is hereby denied and
Subdivision Application M -89-1 is hereby approved as modified subject to the
following conditions:
TO THE SATISFACTION OF THE PLANNING DIRECTOR:
1. Applicant shall provide verification that San Jose Water Works has sold
Assessor Parcel Number 529 -13 -008 to the applicant and all their
conditions of the sale have been met.
-1-
TO THE SATISFACTION OF THE TOWN ENGINEER:
2. The following shall be dedicated:
a. Blossom Hill Road. A 65 -foot half - street right -of -way.
b. Roberts Road. A 56 -foot street right -of -way.
C. Interior street system. A 46 -foot wide street right -of -way (lower
level); 40 -foot wide street right -of -way (upper level); 50 -foot
right -of -way radius cul -de -sac bulb.
d. Storm drainage, sanitary sewer, slope, public service and open
space easements, as required.
e. Private ingress- egress easements within shared driveway areas.
3. The following shall be dedicated to the Town in fee title for public
open space areas:
a. All of Assessor's Parcel Number 529 -13 -002 (located west of
Roberts Road and adjacent to Los Gatos Creek).
b. Those portions of Assessor's Parcel Numbers 529 -13 -003 and
529 -13 -015 within the 100 -year flood hazard area (adjacent to Los
Gatos Creek).
C. Applicant shall dedicate right -of -way adjacent to the creek in fee
to the Town who will grant an appropriate easement to the Santa
Clara Valley Water District for flood control maintenance
purposes.
4. Payment of a one percent (1 %) in -lieu fee for capacity improvements at
the following intersections:
Los Gatos Boulevard /Kennedy Road - Caldwell Avenue $ 74.00
Los Gatos Boulevard /Blossom Hill Road 2,200.00
Blossom Hill Road /Union Avenue 4,200.00
Lark Avenue, Highway 17 to Los Gatos Boulevard 4,326.00
TOTAL IN -LIEU FEES $10,800.00
5. The Vasona Park entrance shall be relocated to line up with the
existing Roberts Road and Blossom Hill Road (west) intersection. No
permits of any kind for work to proceed shall be issued by the Town
until the entrance relocation is guaranteed.
6. The following improvements shall be guaranteed by contract, Faithful
Performance Security, Labor & Materialman's Security, insurance, and
completed prior to the occupancy of any new building.
Ira
a. Roberts Road. 36 -foot curb -to -curb roadway, curb, gutter,
sidewalk (east side only), handicapped ramps, channelization
improvements, as required.
b. Blossom Hill Road. Curb, gutter, sidewalk, bus "duck out ",
handicapped ramp, tie -in paving, signing, striping and street
lighting.
C. The intersection of Blossom Hill Road and Roberts Road /Vasona Park
entrance shall be signalized. Associated improvements shall
include interconnection with the existing traffic signals at
Blossom Hill Road and University Avenue, and channelization
improvements consisting of curb returns, sidewalks, pavement
installing, signing, striping, and other pavement markings,
traffic islands, street lighting and storm drain improvements.
The cost shall be borne by the applicant.
d. Interior street system. 46 -foot wide right -of -way (32 -foot wide
roadway with parking on one side only). 40 -foot wide right -of -way
(24 -foot wide roadway on upper level with no parking on either
striping, street lights, monumentation, storm drainage system,
sanitary sewer, water system, including fire hydrants and other
underground utilities, including cable t.v. as required.
e. An eight (8) -foot wide asphalt concrete path shall be constructed
within dedicated open space adjacent to Los Gatos Creek, to
conform with the existing bicycle path south of Blossom Hill Road.
%. All lots shall be surveyed and monumented (set pipes) prior to
construction.
8. Horizontal and vertical controls shall be set by a licensed surveyor or
a registered civil engineer for the following items:
a. Pad location
b. Finish floor elevation
C. Foundation corner location
d. Retaining wall, top -of -wall elevation, and location
e. Toe and top of cut and fill slopes
9. All documents, contracts, bonds, insurance, as applicable, shall be
provided prior to recordation of any final map or issuance of any
permits.
10. A two -year Tree & Landscape Maintenance Agreement shall be entered into
for existing and newly planted trees.
11. Relocate pipe easement to the satisfaction of the San Jose Water
Works. Easement shall be located along the proposed side property
line.
12. Provide permanent access to the creek from Roberts Road upstream of the
bridge.
-3-
13. Applicant shall redesign road system so that there will be no left
turns onto Roberts Road from project.
14. At the time of recordation of the final map, subdivider shall also
record an offer of dedication for right -of -way necessary to provide a
cul de sac on Roberts Road, as described in the attached description,
Exhibit A. Said offer may be exercised by the Town upon vacation of
Roberts Road as a through street, and shall expire automatically by its
terms unless accepted by the Town five years from the date of
recordation. The Town Manager is authorized and directed to execute
such documents as are necessary for the Town to release said offer of
dedication upon expiration of such time period, if required to clear
any potential defects in title.
15. Prior to issuance of the final certificate of occupancy, subdivider
shall post security with the Town in form specified by the Subdivision
Map Act in the amount of $60,000 (Sixty Thousand Dollars) to secure
construction of improvements contiguous to this subdivision and
associated with the future possible closure of Roberts Road. The
obligation to provide said security shall expire three years after the
date of issuance of the last certificate of occupancy for the
subdivision or upon expiration without acceptance of the offer of
dedication required by tentative map condition #14, whichever occurs
first. The obligation to provide such security shall be described in
the subdivision improvement agreement required for the subdivision at
the time the final map is recorded.
16. Approval of vacating Town property for project shall be obtained from
the Town Council prior to the filing of the final map.
TO THE SATISFACTION OF THE TOWN MANAGER AND DIRECTOR OF PARKS, FORESTRY &
MAINTENANCE SERVICES:
17. The proposed common area between the back of the residences along
Blossom Hill Road shall be dedicated in fee to the Town in conjunction
with the formation of a landscape maintenance district or any other
method to ensure the maintenance of the proposed landscaping in the
common area along Blossom Hill Road.
TO THE SATISFACTION OF THE COUNTY OF SANTA CLARA PARKS & RECREATION DEPARTMENT:
18. Design and construction of all road and traffic improvements on Blossom
Hill Road. These improvements include, but are not limited to, a right
and left turn lane into the parks, traffic signal, road widening as
necessary, sidewalk relocation and bike lane relocation.
19. Redesign and refurbishment, as necessary of the park entrance wall and
entry signage, as per original design.
-4-
20. Relocation of all affected park utilities including, but not limited
to: water meter and main, irrigation backflow preventer, sprinkler
system, electrical and telephone.
21. Demolition of existing park entrance road that will not be used in the
redesigned entry.
22. Construction of the new park entrance road (park standard width -
22' -0 ") connecting Blossom Hill Road with the existing park road
system.
23. Implementation of landscaping and irrigation of new park entrance and
entrance station areas.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of
Los Gatos, California, held on the 19 day of June
1989 by the following vote.
AYES: COUNCIL MEMBERS Eric D. Carlson, Thomas J. Ferrite
Robert L. Hamilton, Brent Ventura
NOES: COUNCIL MEMBERS
ABSTAIN: COUNCIL MEMBERS Mayor Joanne Benjamin
ABSENT: COUNCIL MEMBERS
SIGNED: yJ yyri
M7R OF THE TOWN OF (L.(JS GATOS
ATTEST:
Irt/
i.%! {7/ }' f, �L %/1� F ,Ls,'J�1d_//� ✓z':y' %c, �./i%'z�J /l�d
CLERK /"OF THE T WN OF LO 8 GATOS —— /`
-5-