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15928 Union Avenue.�pW N OF r COUNCIL AGENDA REPORT OS CASO DATE: APRIL 4, 2012 MEETING DATE: 4/16/12 ITEM NO: H TO: MAYOR AND TOWN COUNCIL FROM: GREG LARSON, TOWN MANAGER SUBJECT: 15928 UNION AVENUE IMPROVEMENT A. ADOPT A RESOLUTION APPROVING THE AMENDED CONTRACT FOR THE IMPROVEMENT OF 15928 UNION AVENUE AND MODIFICATION TO CONDITION NUMBER 47 OF THE APPROVED APPLICATION M- 08 -13, ARCHITECTURE AND SITE APPLICATIONS S- 08 -30, S -09 -33 AND S- 09 -34. B. AUTHORIZE THE TOWN MANAGER TO EXECUTE AN AMENDED CONTRACT FOR THE IMPROVEMENT OF 15928 UNION — AGREEMENT NUMBER 10 -216 AND PROJECT CONDITIONS APPROVAL FOR SUBDIVISION APPLICATION M- 08 -13, ARCHITECTURE AND SITE APPLICATIONS S- 08 -30, S -09 -33 AND S- 09-34. RECOMMENDATION 1. Adopt a resolution approving the amended contract for the improvement of 15938 Union Avenue and modification to Condition Number 47 of the approved application M- 08 -13, Architecture and Site applications S- 08 -30, S -09 -33 and S- 09 -34. 2. Authorize the Town Manager to execute an amended contract for the improvement of 15928 Union — Agreement Number 10 -216 and project conditions approval for Subdivision application M- 08 -13, Architecture and Site applications S- 08 -30, S -09 -33 and S- 09 -34. BACKGROUND The subject property is zoned R -1:8 and is currently being developed with three single - family residences. PREPARED BY : TODD CAPURSO Director of Parks and Public Works Reviewed by: Town Manager(N _Town Attorney N.TPWIMANAGEMEMACOIINCIL \COUNCIL REPORTS\2012 Rq.ort April 16\Umm 15920 SIA Amendment TC Repo Amx PAGE APRIL 4, 2012 MAYOR AND TOWN COUNCIL SUBJECT: 15928 UNION AVENUE IMPROVEMENT BACKGROUND (cont'd.) On June 9, 2010, the Planning Commission considered two lot layouts for a three -lot subdivision and plans for two new residences. The Commission denied all applications, citing concerns with inconsistency with the neighborhood, density, intensity of land use and the suitability of the proposed development of the site. The applicant appealed the Commission's decision on June 10, 2010. On August 16, 2010, The Town Council considered the appeal and approved the Subdivision and Architecture and Site (A &S) application for Parcel 3 (Resolution 2010 -087). The A &S application for Parcel 2 was remanded to the Planning Commission. On December 8, 2010, the Planning Commission considered revised plans for the A &S application for Parcel 2. The Commission was unable to reach consensus on the decision and unanimously denied the application. The applicant appealed the Commission's decision on December 9, 2010. On January 31, 2011, the Town Council considered the appeal. Council remanded the matter to the Commission with considerations. On April 13, 2011, the Planning Commission considered the revised plans and approved the A &S application for Parcel 2. A condition of approval requires the developer to complete certain improvements prior to the issuance of a Certificate of Occupancy, as follows: PUBLIC IMPROVEMENTS: The following improvements shall be installed by the developer. Plans for those improvements shall be prepared by a California registered civil engineer, reviewed and approved by the Town, and guaranteed by contract, Faithful Performance Security and labor & Materials Security before issuance of a building permit or the recordation of a map. The improvements must be completed and accepted per the schedule identified in each sub -item by the Town before a Certificate of Occupancy for any new building can be issued. a. Union Avenue: Curb, gutter, sidewalk, streetlights, tie -in paving, signing, striping, storm drainage and sanitary sewers, as required - Improvements must be completed prior to occupancy of the second new residence. Any improvements (including utility poles, guy wires, etc.) on Union Avenue shall not extend any further south on Union than the proposed barricade as shown on the proposed Preliminary Development Plan dated April 5, 2010. b. Panorama Way: Curb, gutter, sidewalk, street lights, cul -de -sac, tie -in paving, signing, striping, storm drainage and sanitary sewers, as required - Improvements must be completed prior to occupancy of the first new residence PAGE APRIL 4, 2012 MAYOR AND TOWN COUNCIL SUBJECT: 15928 UNION AVENUE IMPROVEMENT BACKGROUND (cont'd.) Paragraph 12 of the Contract for the Improvement of 15928 Union Avenue states that the Town will not issue any R -3 Certificates of Occupancy for homes to be built within 15928 Union Avenue until all improvements shown on the plans have been completed by the subdivider to the satisfaction of the Town Engineer. DISCUSSION Since approval of the Subdivision and Architecture and Site applications, the applicant has been diligently pursuing and completing the required improvements. Improvements for Condition 47b have been completed and accepted by the Town. A portion of the required improvements at Union Avenue have been completed and accepted by the Town. However, due to the long lead time for the completion of improvements related to the relocation of a PG &ENerizon pole and the constructability issues and concerns with damaging the new improvements during the on -site construction of the home on Parcel 1, the applicant filed a formal request for modifications to Condition 47 of Resolution 2010 -087 and Paragraph 12 of the Contract Agreement. The applicant is requesting the following modifications: 1. Issuance of Certificates of Occupancy for two homes when the improvements at Panorama are completed and accepted by the Town Engineer. 2. Improvements related to the relocation of pole with PG &E and Verizon to be completed prior to issuance of Building Permit for the third home at 15928 Union Avenue (Parcel 1). 3. Improvements related to widening of Union Avenue to be completed prior to issuance of certificate of occupancy for the third home at 15928 Union Avenue. ENVIRONMENTAL ASSESSMENT None FISCAL IMPACT There is no fiscal impact associated with this action. The applicant deposited funds to address staff time for the research and preparation of this report. The applicant posted security and bond for the improvements with the contract agreement. The Town will not release the security and bond until all improvements at Union Avenue and Panorama Way are completed and accepted by the Town. PAGE APRIL 4, 2012 MAYOR AND TOWN COUNCIL SUBJECT: 15928 UNION AVENUE IMPROVEMENT CONCLUSION The proposed revisions to the Contract for the Improvement and Condition Number 47 do not relieve the applicant from completing any of the required site improvements previously committed to with the approval of the subdivision. As proposed, these revisions will allow the applicant to pursue completion of the required improvements on Union Avenue in order to obtain a Certificate of Occupancy for the third house and release of the required improvement bonds. Attachments: Resolution (includes Exhibit A - First Amendment of Agreement with 217 O'Conner LLC and Exhibit B - Revised Condition Number 47). Distribution 217 O'Connor LLC 39 Reservoir Road #B, Los Gatos, CA 95030 Attachment 1 RESOLUTION 12- RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS APPROVING THE AMENDED CONTRACT FOR THE IMPROVEMENT OF 15928 UNION AVENUE AND MODIFICATION TO CONDITION NUMBER 47 OF THE APPROVED APPLICATION M- 08 -13, ARCHITECTURE AND SITE APPLICATIONS S- 08 -30, S -09 -33 & S- 09 -34, NEGATIVE DECLARATION ND -09 -02 WHEREAS, an Amended Contract for the Improvement of 15928 Union Avenue and Modified Condition 47 of applications M- 08 -13, S- 08 -30, S -09 -33 and S- 09 -34, between the Town of Los Gatos and 217 O'Connor LLC have been reviewed by the Town Council; and WHEREAS, on August 6, 2010 the Town Council adopted Resolution 2010 -087 approving the subdivision; and WHEREAS, on December 21, 2010 the Contract for the Improvement of 15928 was completed and signed by and between the Town and 217 O'Connor LLC. NOW, THEREFORE, IT IS RESOLVED that the First Amendment to the Contract for the Improvement at 15928 Union Avenue and the modified Condition of Approval Number 47 are hereby approved. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 16` day of April, 2012, by the following vote: COUNCIL MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: SIGNED: MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA Exhibit A FIRST AMENDMENT TO AGREEMENT This FIRST AMENDMENT TO AGREEMENT is dated for identification this day of 2012 and amends that certain CONTRACT FOR THE IMPROVEMENT OF 15928 UNION AVENUE that is being amended dated , made by and between the TOWN OF LOS GATOS, ( "Town, ") and 217 O'CONNOR, LLC, ( "Subdivider ") RECITALS A. Town and Consultant entered into an agreement for CONTRACT FOR THE IMPROVEMENT OF 152928 UNION AVENUE on December 21, 2012, ( "Agreement"), a copy of which is attached hereto and incorporated by reference as Attachment 1 to this Amendment. AMENDMENT 1. Paragraph 12 "Certificates of Occupancy" of the Agreement is hereby amended as: The TOWN will issue two (2) R -3 Certificates of Occupancy for homes to be built within 15928 Union Avenue as stated in the revised Condition number 47 of the final Conditions of Approval of Resolution 2010 -087. 2. All other terms and conditions of the Agreement remain in full force and effect. IN WITNESS WHEREOF, the Town and Subdivider have executed this Amendment. Town of Los Gatos Lo Greg Larson, Town Manager Department Approval: Todd Capurso Director of Parks and Public Works Approved as to Form: Judith J. Propp, Town Attorney 217 O'Connor, LLC an Jeff Grant 1 Exhibit B REVISED CONDITION OF APPROVAL 15928 Union Avenue Subdivision Application M -08 -13 Architecture and Site Application S -08 -30 Requesting approval to demolish an existing single family residence and to subdivide a .93 acre parcel into three lots on property zoned R -1:8. No significant environmental impacts have been identified as a result of this project and a Mitigated Negative Declaration is recommended. APN 527 -42 -008. PROPERTY OWNER: 217 O'Connor LLC APPLICANT: Tony Jeans, T.H.I.S. Design 47. PUBLIC IMPROVEMENTS. The following improvements shall be installed by the developer. Plans for those improvements shall be prepared by a California registered civil engineer, reviewed and approved by the Town, and guaranteed by contract, Faithful Performance Security and Labor & Materials Security before the issuance of a building permit or the recordation of a map. The improvements must be completed and accepted per the schedule identified in each sub -item by the Town before a Certificate of Occupancy for any new building can be issued. a. Union Avenue. Curb, gutter, sidewalk, street lights, tie -in paving signing, striping, storm drainage and sanitary sewers, as required — Improvements must be completed prior to occupancy of the third and final new residence. Any improvements (including utility poles, guy wires, etc) on Union Ave shall not extend any further south on Union than the proposed barricade as shown on the proposed Preliminary Development Plan dated April 5, 2012. b. Panorama Way. Curb, gutter, sidewalk, street lights, cul -de -sac, tie -in paving signing, striping, storm drainage and sanitary sewers, as required — Improvements must be completed prior to occupancy of the first two new residence.