1978-069-Modifying And Approving A Tentative Subdivision Map And Determining Appeals From The Tenative Map ApprovalRESOLUTION NO. 1978 -69
RESOLUTION OF THE COUNCIL OF THE TOWN OF LOS GATOS
MODIFYING AND APPROVING A TENTATIVE SUBDIVISION MAP
AND DETERMINING APPEALS FROM THE TENTATIVE MAP APPROVAL
WHEREAS, the Planning Commission approved the tentative map in Proceeding
No. M -77 -14 on January 4, 1978, and
WHEREAS, John Rieger and Robert and Diane Cutright appealed the Planning
Commission's determination to the Town Council, and
WHEREAS, the matter was duly noticed and the Town Council hearing
commenced on February 6, 1978, and was continued to a field trip on February
9, 1978, and continued to another meeting on February 21, 1978, and further
continued for the preparation of an addendum to the environmental impact
report to May 15, 1978, and further continued to May 16, 1978, for the
preparation of findings.
RESOLVED: The Council of the Town of Los Gatos determines that the
tentative map in this proceeding is approved and is modified to terminate
Harwood Road as a cul -de -sac as shown in Alternate 1 in the environmental
impact report addendum dated April 5, 1978, with 13 lots using Harwood Road
and 59 lots using the cul -de -sac from Shannon Road.
FURTHER RESOLVED: The Council finds:
California Environmental Quality Act
Significant impacts identified in the environmental impact report
and mitigation or overriding considerations are as follows:
a. The presence of geologic hazards and soil instability.
Mitigation: Condition No. 3 of the approval.
Growth inducement by extending water to the area.
Mitigation: Statement by San Jose Water Works that "we
have designed the necessary storage and pumping facilities
so as to provide domestic service and fire protection
within the pressure ranges and flow capabilities specified
by the California Public Utilities General Order 103. For
this reason only limited additions could be accommodated
unless substantial enlargement and /or reinforcements of
certain of these facilities were made."
Overriding Consideration: A minimum amount of reserve
capacity for a water system is necessary for public safety
and health purposes. Prudent design requires allowance
for peak loading and safety factors.
c. Traffic burden on Harwood Road, especially the through
traffic due to the Shannon Road connection.
Mitigation: The project has been redesigned to eliminate
the through road connection. The traffic generated by the
13 lots using Harwood Road will not be a substantial added
burden to Harwood Road.
d. Traffic burden on Shannon Road from the 59 lots designed to
use Shannon Road.
Mitigation: As further developments occur along Shannon Road,
the Town and County will require or provide widening projects
to increase sight distance, additional roadway width, and pro-
vide passing lanes. If a signal is determined necessary at
Hicks Road and Camden Avenue, the Town has required financial
participation in this project by the Los Gatos Christian Church.
Overriding Consideration: Even though this project as amended
will place an additional burden on Shannon Road, it will provide
badly needed new emergency access from Shannon Road to the
Belwood area. The access will be used on a regular basis by
police patrols, Town maintenance forces and, in time of need,
by fire, ambulance and private vehicles.
II. Subdivision Map Act
a. The proposed subdivision, together with the provision for its
design and improvement, is consistent with the various elements
of the General Plan including:
Land Use Element. The dwelling unit density of the project is
well within the rural residential density range specified in
the General Plan. The subdivision as designed implements the
12 hillside policies specified in the General Plan (Land Use
Element II.E).
Circulation Element. The subdivision substantially conforms
with the Circulation Element of the General Plan in that it
does not preclude the eventual connection of a through road
between Harwood Road and Shannon Road along a route that does
not traverse the project, and in the interim would provide
critically needed emergency access while maintaining the relative
isolation of the Shannon Road area.
Housing Element. The project does not conflict with the provisions
of the Housing Element. The area is one which is unsuitable for
lower cost housing because of the cost of roads and utilities, the
lack of public transportation, which will probably continue, and
the relative remoteness of the area from public services.
Conservation Element. The project as designed implements the
Conservation Element of the General Plan by minimizing grading,
enforcement of the Town's tree removal regulation, by discouraging
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the use of off -road vehicles which now utilize the property,
by requiring substantial landscaping and by preserving the
scenic vegetation.
Open Space Element. The project implements the Town's open
space policies by the offer of dedication of additional land
for outdoor recreation in the expansion of Belgatos Park and
the reservation of significant areas of open space to be held
in private ownership with open space easements.
Seismic Safety Element. The subdivision conditions implement
the seismic safety regulations requiring thorough geologic
investigations, including those that have already been performed
and those required to be performed prior to filing the final map.
Scenic Highways Element. Shannon Road is one of the Town's
identified scenic highways, and one of the conditions of approval
of the project is that the houses be constructed so as not to
obstruct the view of the ridge line, thereby preserving and
enhancing the scenie view from Shannon Road.
Safety Element. The project will have emergency access from
both Harwood Road and Shannon Road and will provide a new
emergency access from Shannon Road to the Belwood area, which
is badly needed and will reduce response times for emergency
services. The project is also extending an adequate water
supply into a high fire hazard area.
b. Facts to compel the findings for denial specified in the Map
Act do not exist. Specifically, the proposed map and the
design of the proposed subdivision is consistent with the
General Plan, the site is physically suitable for residential
development and the proposed density of 72 lots as determined
by the Town's slope density regulations. The design of the
subdivision and the proposed improvements will not cause substan-
tial environmental damage and are in fact specially designed to
enhance the environment, i.e., median islands designed to preserve
oak trees and grading designed to avoid unnecessary scarring and
removal of vegetation. The extension of sewer and public water
supply into the subdivision will prevent public health problems.
The subdivision and improvements will not conflict with public
easements but will instead formalize and perpetuate on public
trails, existing trails that have informally traversed the
property.
III. Findings Required by Section 27 -64 of the Subdivision Ordinance
Adequate easement provisions have been made for public utilities.
The emergency access provides for circulation by police and public
works maintenance forces on a regular basis. The cul -de -sacs them-
selves provide a reasonable day -to -day circulation for normal traffic.
The fact that this is a relatively low density development will allow
adequate circulation via the longer than normally allowed cul -de -sacs.
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FURTHER RESOLVED: This approval is subject to the following conditions:
The applicant (property owner) shall dedicate the following to the
satisfaction of the Town Engineer:
a. Harwood Road. A strip to a line 30 feet from the centerline
from the northeast corner of Lot No. 1 to the approximate
midpoint of Lot No. 4. A 40- foot -wide roadway (including
additional width where median islands are proposed and the
cul -de -sac bulb) from the east boundary to the terminus of
the cul -de -sac near Lot 72. The roadway dedication should
also include adjacent slope easements as necessary.
Shannon Road cul -de -sac. A 40- foot -wide roadway (including
additional width where median islands are proposed and the
cul -de -sac bulb) from Shannon Road to the terminus of the cul-
de -sac near Lot 13. The roadway dedication should also include
adjacent slope easements as necessary, and a 20 -foot property
line radius at the intersection with Shannon Road.
c. Other cul -de -sac streets. A 40- foot -wide roadway (including
20 -foot property line radius at the intersections and 40 -foot
radius bulbs) with adjacent slope easements as required.
d. Storm and sanitary sewer easements.
e. Private open space and public parks as shown on the tentative
map. Park dedication to include the two parcels labeled park
dedication and one parcel labeled public trail easement
dedicated adjacent to Lots 6, 7 and 9.
f. Pedestrian and equestrian trails subject to approval of the
Town Council in a form satisfactory to the Town Attorney.
g. Emergency and public service vehicle easement. One 18 -foot-
wide as shown on tentative map and one 40- foot -wide connecting
the Harwood and Shannon cul -de -sacs.
Adequate right -of -way (tank site) and easements as required
for the water system.
The applicant shall guarantee by contract and bond the installation
of the following improvements, to the satisfaction of the Town
Engineer:
Harwood Road (Lot No. 1 through 4). Standard 30 -foot half- street
improvements plus ten feet of paving, including curb and gutter
(west side) (curb line 20 feet from the centerline), concrete
sidewalk, tie -in paving, street lights and storm and sanitary
sewers.
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b. Harwood Road (east boundary of the subdivision at Lot No. 4
to the terminus of the cul -de -sac). A 28 -foot (curb -to -curb)
street including curbs and gutters, paving, a four -foot
asphalf walkway on one side, street lights, retaining walls,
storm and sanitary sewers.
c. Shannon Road cul -de -sac (from Shannon Road to the terminus of
the cul -de -sac). A 28 -foot (curb -to -curb) street including
curbs and gutters, paving, a four -foot a; phalt walkway on one
side, street lig:its, retaining walls, storm and sanitary sewers.
d. Harwood Road (Lot No. 1 to Bacigalupi Drive). Deleted
e. Other cul -de -sac streets. A standard 24 -foot curb -to -curb
street including curb and gutters, paving, a four -foot asphalt
walkway on one side, street lights, retaining walls, and storm
and sanitary sewers.
f. Sanitary sewers and storm and drainage facilities (off street).
g. Pedestrian - equestrian trails, including an equestrian trail on
east side of Harwood Road north of the subdivision to approxi-
mately Almond Blossom Lane.
h. Emergency access routes.
i. A water system as required by San Jose Water Works.
j. 18- foot -wide common driveways as required (Lots 7 and 9, 5 and 8).
k. Grading, tank screening, landscaping, erosion control and slope
restoration improvements.
1. Harwood - Shannon cul -de -sacs shall be constructed within an open
space between the bulbs with a paved emergency connection and
landscaping, with the bulbs "offset" so that they would give the
appearance of a through street, and with electronically controlled
gates designed to the satisfaction of the Police Chief and the
Chief of the Central Fire Protection District.
3. The applicant shall provide a detailed soils and geologic report to
the satisfaction of the Town Engineer to determine if there are any
unsafe building sites and to establish foundation, grading and pavement
design criteria. The Town Engineer shall have the authority to require
redesign or elimination of the affected lots on the final subdivision
map.
4. No structure shall be allowed to be built which obstructs the view of
the natural ridge line as determined by the Planning Commission in
the architecture and site proceedings. This condition shall be noted
on the final map.
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5. Through access for emergency services shall be constructed
in the first phase.
FURTHER RESOLVED: The Rieger and Cutright appeals are determined as
provided in this resolution.
PASSED AND ADOPTED at an adjourned regular meeting of the Town Council
held on the 16th day of May, 1978, by the following vote:
AYES: COUNCIL MEMBERS
NOES: COUNCIL MEMBERS
ABSTAIN: COUNCIL MEMBERS
ABSENT: COUNCIL MEMBERS
ATTEST:
CLERK OF T AE TOWVOF LOS GATOS