1989-195-Approve Plans For Construction Of A Single-Family Residence On Property In The R-1:30,000 ZoneRESOLUTION NO: 1989 - 195
RESOLUTION OF THE TOWN OF LOS GATOS DENYING
APPEAL OF PLANNING COMMISSION DECISION TO APPROVE
PLANS FOR CONSTRUCTION OF A SINGLE - FAMILY
RESIDENCE ON PROPERTY IN THE R- 1:30,000 ZONE
(211 BROOKE ACRES DRIVE - GOLDBERG /PULLEY)
WHEREAS:
A. B. H. Pulley has appealed a decision of the Planning
Commission as follows: approval of plans for the construction of
a single - family residence on property in the R- 1:30,000 zone
located at 211 Brooke Acres Drive and owned by Mr. and Mrs. David
Goldberg (Architecture and Site Application 5- 89 -49): and
B., A public hearing was held by the Town Council on October
2, 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 the issues
raised by the Appellant were addressed by the staff in the review
process.
C. Based on the foregoing, the Town Council hereby denies the
appeal and approves Architecture and Site Application 5 -89 -49
subject to the following conditions:
TO THE SATISFACTION OF THE PLANNING DIRECTOR:
1. The residence shall be pre - plumbed for solar water
heaters.
2. A Tree Removal Permit shall be required for any Monterey
Pine which is determined to be infected and recommended to be
removed by the Parks Superintendent. These trees removed
shall be mitigated with Town approved trees.
TO THE SATISFACTION OF THE TOWN ENGINEER:
3. Final grading, drainage, masonry retaining wall,
driveway, utility, interim and final erosion control plans
shall be provided.
4. No grading or earth disturbing activities shall be
initiated between October 1 and 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.
5. 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.
6. 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.
7. Any work in the public right -of -way will require an
Encroachment Permit.
8. A well information questionnaire (available through the
Town Engineer) shall be completed.
9. The applicant shall sign a two -year Tree Maintenance
Agreement with the Town.
10. 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
TO THE SATISFACTION OF THE DIRECTOR OF PARKS, FORESTRY &
MAINTENANCE SERVICES:
11. Newly planted trees shall be double- staked, using rubber
tree -ties and shall be planted prior to occupancy.
12. No irrigation or planting shall be permitted under the
dripline of existing native trees.
13. All tree care activities shall be accomplished by a
licensed, competent tree care firm as approved by and under
the supervision of the Director of Parks, Forestry and
Maintenance Services.
14. Prior to any construction or 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.
15. Any impervious surface that encroaches under the dripline
of existing trees must be constructed of interlocking pavers
or have aeration tubes installed.
TO THE SATISFACTION OF THE BUILDING OFFICIAL:
16. The single - family dwelling shall be designed to include
the following features:
a. Wheelchair reachable light switches, thermostat
controls and electrical outlets.
b. Door handles rather than knobs.
C. Wooden backing in bathroom walls to allow structural
strength for addition of grab bars by the occupants.
d. Faucets and shower controls operable with one hand
requiring a minimal amount of grasping with exception of
those used on vanity faucets.
e. All doors at least 32 inches wide.
f. Two outside door thresholds no higher than 1/2 inch
above landings. Landings to be at least five feet by
five feet.
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 16th day of
October, 1989 by the following vote:
AYES: COUNCILMEMBERS Eric D. Carlson, Thomas J. Ferrito
Robert L. Hamilton,
Mayor Joanne Benjamin
NAYES; COUNCILMEMBERS NONE
ABSENT: COUNCILMEMBERS Brent N. Ventura
ABSTAIN: COUNCILMEMBERS NONE
MAYOR /OF THE TOWN
ATTEST:
CLERK OF THE TOWN OF LOS GA'TOS
TOS