Item 4 - Exhibit 03 - Recommended Conditions of ApprovalPLANNING COMMISSION – May 8, 2019
CONDITIONS OF APPROVAL
11 Peralta Avenue and 15 Peralta Avenue
Subdivision Application M-19-001
Variance Application V-19-001
Requesting approval of a variance for a lot line adjustment between two lots for
properties zoned R-1:8. APNs 510-42-073 and 074.
PROPERTY OWNER: Wendy F. Kandasamy Trust
APPLICANT: Tony Jeans
TO THE SATISFACTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT:
Planning Division
1.APPROVAL: This application shall be completed in accordance with all of the conditions of
approval and in substantial compliance with the approved plans. Any changes or
modifications to the approved plans and/or business operation shall be approved by the
Community Development Director, DRC or the Planning Commission depending on the
scope of the changes.
2.EXPIRATION: The approval will expire two years from the approval date pursuant to
Section 29.20.320 of the Town Code, unless the approval has been vested.
3.TOWN INDEMNITY: Applicants are notified that Town Code Section 1.10.115 requires that
any applicant who receives a permit or entitlement from the Town shall defend,
indemnify, and hold harmless the Town and its officials in any action brought by a third
party to overturn, set aside, or void the permit or entitlement. This requirement is a
condition of approval of all such permits and entitlements whether or not expressly set
forth in the approval, and may be secured to the satisfaction of the Town Attorney.
4.COMPLIANCE MEMORANDUM: A memorandum shall be prepared and submitted with the
building plans detailing how the Conditions of Approval will be addressed.
5.GARAGE SETBACKS: Prior to recordation of the Certificate of Lot Line Adjustment, remedy
the detached six-car garage structure crossing the property line by demolishing or
modifying the structure through the appropriate planning and building process so that the
structure does not cross property lines.
TO THE SATISFACTION OF THE DIRECTOR OF PARKS & PUBLIC WORKS:
Engineering Division
6.APPROVAL: This application shall be completed in accordance with all the conditions of
approval listed below and in substantial compliance with the latest reviewed and
approved development plans. Any changes or modifications to the approved plans or
conditions of approvals shall be approved by the Town Engineer.
7.PLANS AND STUDIES: Any studies imposed by the Planning Commission or Town Council
shall be funded by the Owner and/or Applicant.
EXHIBIT 3
8. GENERAL: The Owner and/or Applicant shall comply with all Town, County, State and
Federal laws and regulations applicable to this land division. No other proposed
development is included in this particular application of the Lot Line Adjustment. Any
subsequent development will be required to demonstrate compliance with the Town
Development Standards and Codes.
9. CERTIFICATE OF LOT LINE ADJUSTMENT: A Certificate of Lot Line Adjustment shall be
recorded. Two (2) copies of the legal description for each new lot configuration, a plat
map (8-½ in. X 11 in.) and two (2) copies of the legal description of the land to be
exchanged shall be submitted to the Engineering Division of the Parks and Public Works
Department for review and approval. The submittal shall include closure calculations, title
reports less than ninety (90) days old and the appropriate fee.
10. DEMOLITION: The existing garage structure shall be demolished in a manner that
eliminates its straddling of the proposed property line prior to recordation of the lot line
adjustment.
TO THE SATISFACTION OF THE SANTA CLARA COUNTY FIRE DEPARTMENT:
11. GENERAL: Review of this Developmental proposal is limited to acceptability of site access,
water supply and may include specific additional requirements as they pertain to fire
department operations and shall not be construed as a substitute for formal plan review
to determine compliance with adopted model codes. Prior to performing any work, the
applicant shall make application to, and receive from, the Building Department all
applicable construction permits.
12. GENERAL: No Fire Department conditions or requirements at this time. Additional
conditions may be generated during further development of the parcels.
13. GENERAL: This review shall not be construed to be an approval of a violation of the
provisions of the California Fire Code or of other laws or regulations of the jurisdiction. A
permit presuming to give authority to violate or cancel the provisions of the fire code or
other such laws or regulations shall not be valid. Any addition to or alteration of
approved construction documents shall be approved in advance. [CFC, Ch.1, 105.3.6]
N:\DEV\CONDITIONS\2019\Peralta Ave 11 and 15 - PC COA 05-08-19.docx