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.