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1990-044-Approval Of Plans For The Construction Of A New Single-Family Residence In The R-1:10,000 Zone And Modifying Said ApprovalRESOLUTION 1990 - 44 RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS GRANTING THE APPEAL OF A DECISION OF THE PLANNING COMMISSION IN GRANTING APPROVAL OF PLANS FOR THE CONSTRUCTION OF A NEW SINGLE - FAMILY RESIDENCE IN THE R- 1:10,000 ZONE AND MODIFYING SAID APPROVAL (241 PLAZA LA POSADA - RONALD J. HAAS) WHEREAS: A. Marvin P. Smith has filed an appeal of a decision of the Planning Commission as follows: granting approval of plans for the construction of a new single- family residence in the R- 1:10,000 zone on property located at 241 Plaza La Posada and owned by Michael and David McMackin and applied for by Ronald J. Haas (Architecture and Site Application S- 89 -35); and B. A public hearing was held by the Town Council on February 5, 1990. BE IT RESOLVED: A. The Town Council hereby finds that the Planning Commission decision was in error in that the approval failed to include a condition of a two year tree maintenance agreement; that the structure is to contain no habitable space below ground level; and that the hours of construction should be limited to Monday through Friday with no construction to occur on the weekends. B. Based on the foregoing findings, the Town Council hereby grants the appeal and modifies the approval by granting Architecture and Site Application 5 -89 -35 with the following conditions: TO THE SATISFACTION OF THE PLANNING DIRECTOR: 1. A Tree Removal Permit must be obtained prior to the issuance of a Building Permit. 2. Construction hours are limited to 7:00 a.m. to 5:00 p.m. Monday through Friday. 3. The structure is to contain no habitable space below ground level. TO THE SATISFACTION OF THE TOWN ENGINEER: 4. A two -year maintenance agreement shall be entered into for the protection of existing an newly planted trees. 5. Final drainage, driveway and utility plans shall be provided. TO THE SATISFACTION OF THE DIRECTOR OF PARKS, FORESTRY & MAINTENANCE: 6. 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. TO THE SATISFACTION OF THE BUILDING OFFICIAL: 7. 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. 2 PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 20th day of February, 1990 by the following vote. COUNCIL MEMBERS: AYES: Joanne Benjamin, Robert L. Hamilton, Brent N. Ventura, Mayor Thomas J. Ferrito NAYS: Eric D. Carlson ABSENT: None ABSTAIN: None SIGNED: MAYOR OF THE N OF LOS GATOS LOS GATOS, CALIFORNIA ATT /EsST:� � CLERK OF THE TCWN OF LO ATOS LOS GATOS, CALIFORNIA a: \cnclrpts\plaza.tcr 3