1990-090-Approval Of Plans To Construct A Single-Family ResidenceRESOLUTION 1990 -90
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
GRANTING APPEAL OF PLANNING COMMISSION DECISION GRANTING
APPROVAL OF PLANS TO CONSTRUCT A SINGLE - FAMILY RESIDENCE, TO
DEMOLISH AND CONSTRUCT A NEW SECONDARY DWELLING UNIT, AND TO
DEMOLISH AND CONSTRUCT A NEW GARAGE AND MODIFYING SAID APPROVAL
(205 JOHNSON AVENUE - PHIL BRANON AND DAVE FLICK)
WHEREAS:
A. Kathryn Morgan has appealed a decision of the Planning Commission as
follows: approval of plans to construct a single - family residence, to demolish and construct
a new secondary dwelling unit, and to demolish and construct a new garage on property
located at 205 Johnson Avenue, owned by Phil Branon and applied for by Phil Branon and
Dave Flick (Architecture and Site Application S- 90 -5); and
B. A public hearing was held by the Town Council on April 16, 1990 and
continued to and held on April 17, 1990.
BE IT RESOLVED:
A. The Town Council hereby finds that the Planning Commission erred by
approving an application that exceed the Floor Area Ratio Guidelines for this particular
neighborhood.
B. The Town Council hereby further finds that the Planning Commission did not
have the testimony of one of the adjacent property owner inasmuch as that individual was
a recent property owner who was not listed on the last equalized assessment roll.
C. The Town Council hereby further makes the findings required by Zoning
Ordinance Section 3.65.040 for the granting of a demolition permit as follows:
1. The housing stock will be maintained because it will be replaced;
2. The building to be demolished is not historically or architecturally significant;
3. The owner has requested permission to demolish the structure and does not
wish to maintain it as it is; and
4. The economic utility of the structure in its present condition has been severely
compromised.
D. The Town Council hereby further makes the findings required by Zoning
Ordinance Section 3.50.140 for non - conforming lots in that the proposed structure is
compatible with the neighborhood because a number of nearby structures are similar.
E. The Town Council hereby further finds that the applicant has eliminated the
secondary dwelling unit, thus reducing the total living area to 2267 square feet so as to meet
the Floor Area Ratio Guidelines.
F. The Town Council hereby further finds that the applicants have addressed
the privacy concerns of the adjacent neighbor by agreeing to certain conditions related to
obscuring the view from the subject property.
G. Based on the foregoing findings, the appeal is granted and Architecture and
Site Application S -90 -5 is granted as modified and subject to the following conditions:
TO THE SATISFACTION OF THE PLANNING DIRECTOR:
1. The residence shall be pre - plumbed for solar hot water heating.
2. A Tree Removal Permit shall be obtained prior to the issuance of a Building
Permit.
3. Revised plans will be submitted to show the elimination of the secondary unit
which reduces total square footage to 2,267 sq. ft. so project is within the
FAR.
TO THE SATISFACTION OF THE TOWN ENGINEER:
4. Final, grading, drainage, masonry retaining wall, driveway, utility and public
alley roadway improvement plans shall be provided.
5. The existing curb and gutter, sidewalk, and driveway apron on Johnson
Avenue shall be replaced where cracked, deteriorated or vertically displaced.
6. Any work in the public right -of -way will require an Encroachment Permit.
7. The applicant shall sign a five -year Tree Maintenance Agreement with the
Town.
8. All documents, contracts, bonds, insurance, as applicable, shall be provided
prior to recordation of any final map or issuance of any permits.
9. 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
TO THE SATISFACTION OF THE DIRECTOR OF PARKS, FORESTRY &
MAINTENANCE SERVICES:
10. Newly planted trees shall be double- staked, using rubber tree ties and shall
be planted prior to occupancy.
11. 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 Parks, Forestry
and Maintenance Services. Such fencing is to be installed prior to, and be
maintained during, construction.
12. Peter Taylor to choose location of four trees to be planted along fence
between 205 and 207 Johnson Avenue.
TO THE SATISFACTION OF THE DIRECTOR OF BUILDING SERVICES:
13. The residence 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 exceptio of those used on vanity
faucets.
e. All doors at least 32 in. wide.
L Two outside door thresholds no higher than , in. above landings.
Landings to be a least five feet by five feet.
K,
14. The following items are required to preserve the privacy of the neighbor at
207 Johnson Avenue:
a. Opaque glass in Master Bath window;
b. Beveled, leaded, distorted glass awning window on east side of
Master Bedroom;
c. Remove picture window center from combination double hung
window on north side of Master Bedroom;
d. Provide plantation shutters on interior window on north side of
Master Bedroom;
e. Install 1'6" - 3'0" horizontal awning window over tub in Main Bath
(facing north);
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town
of Los Gatos, California, held on the 7th day of May, 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:
JYOR OF 4 VTO---- OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
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