1990-085-Denying Request To Demolish All Existing Structures And To Construct Five New Residential Structures In The C-1 ZoneRESOLUTION 1990 -85
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
GRANTING APPEAL OF DECISION OF THE PLANNING COMMISSION IN
DENYING REQUEST TO DEMOLISH ALL EXISTING STRUCTURES AND TO
CONSTRUCT FIVE NEW RESIDENTIAL STRUCTURES IN THE C -1 ZONE
(16475 AND 16485 LOS GATOS BOULEVARD - GLENN CAHOON, G & G DESIGN)
WHEREAS:
A. Glenn Cahoon has filed an appeal of a decision of the Planning Commission
as follows: denial of a request to demolish all existing structures and to construct five new
residential structures in the C -1 zone on property located at 16475 and 16485 Los Gatos
Boulevard and owned by Edward D. Lucey and applied for by Glenn Cahoon, G & G
Design (Architecture and Site Application 5 -89 -67 and Conditional Use Permit U- 89 -15);
and
B. A public hearing was held by the Town Council on April 2, 1990.
BE IT RESOLVED:
A. The Town Council hereby finds that the Planning Commission erred in not
considering the historical background of the zoning of the property and the desire of the
Town Advisory Committee to keep the area southerly along Los Gatos Boulevard from
Spencer Avenue in residential use and not commercial.
B. The Town Council hereby further finds that this established neighborhood is
not appropriate for greater density and that the proposed development is compatible with
neighborhood size and layout.
C. The Town Council hereby further finds that residential use adjacent to school
property is appropriate because these are family units.
D. The Town Council hereby further makes the findings pursuant to Zoning
Ordinance Section 3.65.040 for the demolition of residential structures:
1. The housing stock is not only being maintained but is being increased;
2. The structures are not historically or architecturally significant;
3. The structures are in very poor condition and need to be demolished
according to the Town inspection; and
4. The property owner does not want to maintain the structures nor is it
economically viable to maintain the structures.
E. The Town Council hereby further makes the findings pursuant to Zoning
Ordinance Section 5.20.210 for the granting of a Conditional Use Permit:
1. The proposed use is essential and desirable to the public convenience and
welfare as it adds to the Town's housing stock.
2. The proposed use will not impair the integrity and character of the zone
because residential uses are permitted with a conditional use permit.
3. The proposed use would not be detrimental to the public health, safety or
general welfare because it will remove existing substandard structures and
replace them with structures that meet all current requirements.
4. The proposed use of the property is in harmony with the General Plan and
the purposes of the Zoning Ordinance because it meets the requirements of
the Housing Element by adding to the Town's housing stock.
F. The Town Council hereby further makes the findings pursuant to Zoning
Ordinance Section 3.05.030(2) for approval of community recreation space: the proposed
community recreation space for this condominium project provides adequate areas required
by this section.
G. The Town Council hereby further makes the findings pursuant to Zoning
Ordinance Section 4.32.070 to determine density:
1. The existing streets will not be burdened by the project;
2. The surrounding properties will not be affected by this project;
3. The individual dwelling units will be serviced with amenities normally incident
to a well- designed residential development; and
4. The density of this particular property does not exceed the maximum limit for
the zone.
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H. Based on the foregoing findings, the appeal is granted and Architecture and
Site Application S -89 -67 and Conditional Use Permit U -89 -15 are hereby granted subject
to the following conditions:
TO THE SATISFACTION OF THE PLANNING DIRECTOR:
1. A Tree Removal Permit shall be obtained prior to the issuance of a Building
Permit.
2. Residences shall be preplumbed for solar water heating.
3. The maximum height of the fences and columns shall not exceed 6 ft.
4. Applicant shall submit missing elevations for Unit A and for Unit B and the
design shall be consistent with that of the other proposed units.
5. All landscaped areas not enclosed as private patio areas for individual units
shall be maintained by the Homeowners Association.
TO THE SATISFACTION OF THE TOWN ENGINEER:
6. CC & R's shall be provided at the time the tentative map is filed and shall
be reviewed by the Planning Director and the Town Attorney.
7. Final grading, drainage, driveway, utility and frontage improvement plans shall
be provided.
8. A soils and geologic report shall be prepared which provides specific criteria
and standards governing site grading, drainage and erosion control. A
registered civil engineer, specializing in soil mechanics, should be included in
the group that prepares this report.
9. Any work in the public right -of -way will require an Encroachment Permit.
10. A tentative map application shall be filed.
11. The following shall be dedicated:
a. Los Gatos Boulevard. A 49 -foot half- street right -of -way.
b. Ingress- egress, storm drain, sanitary sewer and public service easements
as required.
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12. 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:
Los Gatos Boulevard - Curb, gutter and sidewalk, tie -in paving and street
lighting.
13. All documents, contracts, bonds, insurance, as applicable, shall be provided
prior to recordation of the final map or issuance of any permits.
14. The applicant shall sign a two -year Tree Maintenance Agreement with the
Town.
15. Active cable television service shall be provided to each residence.
16. Horizontal and vertical controls shall be set and certified by a licensed
surveyor or a registered civil engineer for the following items:
a. Pad elevation
b. Finish floor elevation
C. Foundation corner locations
17. All fees, as applicable, shall be paid prior to recordation of the final map or
issuance of any permits.
18. Any utility trench within the dripline of existing trees shall be hand dug.
TO THE SATISFACTION OF THE DIRECTOR OF PARKS, FORESTRY &
MAINTENANCE SERVICES:
19. Newly planted trees shall be double- staked, using rubber tree -ties and shall
be planted prior to occupancy.
20. No irrigation or planting shall be permitted under the dripline of existing
native trees.
21. Any impervious surface encroaching under the dripline of existing trees shall
have aeration tubes or interlocking pavers installed.
22. 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.
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23. Prior to any demolition, construction or building permits being issued, the
applicant shall met 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:
24. Existing septic tanks must be pumped and backfilled in accordance with
Santa Clara County Environmental Health Standards.
25. Applicant shall pay an in -lieu fee of building a Below Market Price Unit. The
fee shall be equal to 6 percent of the Building Permit valuation of the project.
The estimated value is $64,236.00. This fee is based on current estimated
costs and the fee may be higher at the time permits are filed. Fees shall be
paid prior to final occupancy of the first completed unit.
26. Three of the newly developed condominiums shall be handicapped accessible
and meet the adaptability and accessibility regulations applicable to
apartments in Title 24 of the California Administrative Code with the
exception that these developments will not require (a) the kitchen sink and
portion for the counter top to be lowerable and the cabinet fronts removable
so as to allow wheelchair access underneath; and (b) bathroom lavatory need
not have 28 in. clearance underneath for wheelchair access.
TO THE SATISFACTION OF THE CENTRAL FIRE PROTECTION DISTRICT:
27. Applicant shall provide one of the following two on -site water supply systems
for the project;
a. Residential fire sprinkler protection systems throughout.
b. Standard fire hydrant, 1,000 gpm at 320 psi residual.
28. Applicant shall mark fire lanes as required.
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.
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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 16th day of April, 1990, by the following vote.
COUNCIL MEMBERS:
AYES: Joanne Benjamin, Robert L. Hamilton and Mayor Thomas J. Ferrito
NAYS:
ABSENT:
ABSTAIN: Brent N. Ventura and Eric D. Carlson
SIGNED:
ATTEST:
MAYOR OF III TOWN OF LOS GATOS
LOS GATOS,C{','ALIFORNIA
CLERK OF THE TOWN OF "LOS GATOS
LOS GATOS, CALIFORNIA
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