1990-205-Approval Of Plans To Demolish An Existing Single-Family Residence And To Construct A New Single-Family Residence In The R-1:8000 Zone Modifying Said ApprovalRESOLUTION 1990 -205
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS
GATOS DENYING APPEAL OF PLANNING COMMISSION DECISION
FOR APPROVAL OF PLANS TO DEMOLISH AN EXISTING SINGLE -
FAMILY RESIDENCE AND TO CONSTRUCT A NEW SINGLE - FAMILY
RESIDENCE IN THE R- 1:8000 ZONE AND MODIFYING SAID
APPROVAL
(16981 CYPRESS AVENUE - JOHN DOZIER)
WHEREAS:
A. Bobbie Chambers has appealed a decision of the Planning Commission
as follows: approval of plans to demolish an existing single - family residence and to
construct a new single - family residence in the R- 1:8000 zone on property located at 16981
Cypress Avenue and owned by Picetti Construction and John Dozier (Architecture and Site
Application 5- 90 -16); and
B. A public hearing was held by the Town Council on September 17, 1990.
BE IT RESOLVED:
A. The Town Council hereby finds that no evidence or testimony was
presented that the Planning Commission erred.
B. The Town Council hereby further finds that the area with the sidewalk as
required by the Planning Commission should be graded and compacted by the applicant and
that the applicant should deposit with the Town the cost of the sidewalk installation, such
sum to be returned to the applicant if the Town declines to install the sidewalk after
reviewing an integrated plan for the area.
C. Based on the foregoing findings, the appeal is denied and Architecture
and Site Application 5 -90 -16 is hereby granted as modified 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. The house must be pre - plumbed for solar hot water heating.
TO THE SATISFACTION OF THE TOWN ENGINEER:
3. Final grading, drainage, masonry retaining wall, driveway, utility, and
interim erosion control plans shall be submitted to the Engineering
Department.
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 to April 15 period.
5. A Grading Permit will be required for the construction of pad.
drainage and erosion control.
6. Concrete curb, gutter, tie -in pavement and storm drainage
improvements shall be installed.
7. Area for the sidewalk shall be graded and compacted. The cost of
installation of the sidewalk as determined by the Town Engineer shall
be deposited with the Town in lieu of actual construction. The deposit
will be used in combination with Town funds to complete sidewalks on
this property and in the immediate vicinity. If the Town does not
undertake the project within five years of the date of the deposit, the
deposit may be returned to the applicant.
8. All work in the public right -of -way will require a Construction
Encroachment Permit.
9. A well information questionnaire (available through the Town
Engineer) shall be completed.
10. Underground cable television service shall be provided to the new
home.
11. Any existing sanitary sewer lateral proposed for reuse shall be televised
and approved by West Valley Sanitation District.
12. 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. Toe and top of cut and fill slopes.
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 exception of those used on
vanity faucets.
e. All doors at least 32 in. wide.
f. Two outside door thresholds no higher than 1/2 in. above
landings. Landings to be at least five feet by five feet.
TO THE SATISFACTION OF THE DIRECTOR OF PARKS, FORESTRY &
MAINTENANCE SERVICES:
14. Prior to any Construction of 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. A five -year tree maintenance agreement shall be entered into for the
protection of existing and newly planted trees.
16. Determine if there are additional measures that can be taken to protect
the pine tree, such as permeable surface to protect the root system, and
investigate the possibility of saving the English walnut tree.
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 1st day of October, 1990, by the following vote.
COUNCIL MEMBERS:
AYES: Mayor Thomas J. Ferrito, Robert L. Hamilton, Brent N. Ventura, Eric D.
Carlson, Joanne Benjamin
ATTEST: r,
CLERK OF THE TOWN OF -LOS GATOS
LOS GATOS, CALIFORNIA "
a:AcnclrptsVdozientcr