1990-029-Denial Of A Request To Grant A Certificate Of Compliance To Reestablish An Existing Lot In The R-1:8000 ZoneRESOLUTION 1990 - 29
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
LOS GATOS GRANTING APPEAL OF PLANNING COMMISSION
DENIAL OF A REQUEST TO GRANT A CERTIFICATE OF
COMPLIANCE TO REESTABLISH AN EXISTING LOT IN
THE R- 1:8000 ZONE
(16905 SPENCER AVENUE - TERRY MCELROY)
WHEREAS:
A. Andre Roos has filed an appeal of a decision of the Planning Commission as
follows: denial of a request to grant a certificate of compliance to reestablish an existing
lot in the R- 1:8000 zone on property located at 16905 Spencer Avenue and owned by
Richard Hansen and applied for by Terry McElroy (Subdivision Application M- 89 -10); and
B. A public hearing was held by the Town Council on January 2, 1990 and
continued to and held on January 16 and February 5, 1990.
BE IT RESOLVED:
A. The Town Council hereby finds that granting the certificate of compliance
would perpetuate an undesirable situation by recognizing a vacant substandard tree covered
parcel with its accompanying development problems whereas there is sufficient land to
create two parcels which meet or exceed Town standards if a lot line adjustment is
completed.
B. The Council hereby further finds that the Planning Commission does not have
authority to effectuate such a compromise and that the Town Council is willing to grant a
conditional certificate of compliance in this instance subject to the conditions below because
as conditioned the resulting parcels will meet Town regulations.
C. The Town Council hereby makes the findings required by Zoning Ordinance
Section 3.31.010 as follows:
1. The parcels are at least 5,000 square feet in area.
2. The parcels were created in compliance with applicable laws and ordinances
in effect at the time of their creation as best as can be determined at this
time.
3. The parcels can meet current standards for sewage disposal and domestic
water supply.
4. The parcels are flat and are therefore not subject to any slope density
standards.
5. The parcels have legal access which is adequate for vehicular safety
equipment access and maneuverability especially after completion of the
required street improvements.
6. Development of the parcels will not create any health or safety hazards.
7. The parcels as conditioned are consistent with the general plan.
8. No structures are built over a common property line which is shared with
another parcel under the same ownership and the existing house will be
moved so that the lot line can be adjusted so that both parcels will be
conforming to current zoning regulations.
C. Based on the foregoing findings, the Town Council hereby approves a
Conditional Certificate of Compliance (M- 89 -10) subject to the following conditions:
TO THE SATISFACTION OF THE PLANNING DIRECTOR:
1. The existing residence shall be relocated, by Building Permit, to meet all
required setbacks after the lot line adjustment has been approved. The
existing residence may not be demolished without prior approval by the
Planning Commission.
TO THE SATISFACTION OF THE TOWN ENGINEER:
2. A legal description and sketch (map) of the lots shall be submitted which has
been prepared by a person legally qualified to do such work.
3. A lot line adjustment shall be filed so that both lots conform to all Town
requirements, e.g. lot area, frontage, setbacks, etc.
4. Install new curb, gutter, sidewalk and tie -in paving along the property
frontage. An engineered improvement plan will be submitted to the
Engineering Department showing these improvements. Additionally, this plan
will include the location of all utilities, including sanitary sewer laterals to
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each lot with property line clean outs. Any utility trenches within the dripline
of trees will be hand dug and so noted on the plans.
5. Apply for an encroachment permit before doing any work in the public right -
of -way.
6. Record a Certificate of Compliance for each lot prior to applying for any
permits.
7. Complete a well information questionnaire (available through the Town
Engineer).
8. Provide active cable television service to each lot.
9. Pay all applicable fees, prior to issuance of any permits, as follows:
a. street tree fees
b. drainage fees
C. inspection fee
10. The utilities serving both lots shall be undergrounded.
11. A five -year tree maintenance agreement shall be entered into for the existing
trees to remain.
TO THE SATISFACTION OF THE DIRECTOR OR PARKS, FORESTRY AND
MAINTENANCE
12. No trees shall be permitted to be removed except those designated in the
attached Exhibit A and as set forth below. A tree removal permit application
shall be filed and granted prior to removal of any trees.
Tree No. 9 - 7 -1/2 in. dead redwood
Tree No. 11 - 5 -1/2 in. dead citrus
Tree No. 15 - 7 in. citrus in fair condition
Tree No. 19 - 4 -1/2 in. dead citrus
Tree No. 30 - 24 in. Italian Stone Pine, may be removed if its health
declines due to street improvement impacts
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PASSED AND ADOPTED at a regular meeting of the Town Council of the Town
of Los Gatos, California, held on the 5th day of February, 1990 by the following vote.
COUNCIL MEMBERS:
AYES: Joanne Benjamin, Eric D. Carlson,
Robert L. Hamilton, Brent N. Ventura,
Mayor Thomas J. Ferrito
NAYS: None
ABSENT: None
ABSTAIN: None
SIGNED: '' j
MAYOR OF T )JE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
r
r
CLERK OF THE TOWN OFJ OS GATOS
LOS GATOS, CALIFORNIA
attny- .mcelroy.tcr
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