15928 Union AveDATE:
TO:
FROM:
COUNCIL AGENDA REPORT
OCTOBER 23, 2014
MAYOR AND TOWN COUNCIL
GREG LARSON, TOWN MANAGER
MEETING DATE: 11/04/14
ITEM NO: 5
SUBJECT: PARCEL MAP OF 159281 ION AVENUE
A. ADOPT A RESOLUTION ACCEPTING THE WORK OF 217 O'CONNOR,
LLC
B. AUTHORIZE THE TOWN MANAGER TO EXECUTE A CERTIFICATE
OF ACCEPTANCE AND NOTICE OF COMPLETION FOR RECORDING
BY THE CLERK ADMINISTRATOR
RECOMMENDATION:
Adopt a resolution (Attachment 1) accepting the work of 217 O'Connor, LLC and authorize the
Town Manager to execute a Certificate of Acceptance and Notice of Completion for recording
by the Clerk Administrator.
BACKGROUND:
The developer, 217 O'Connor, LLC, submitted an application on June 9, 2010 to demolish a
one -story single family residence, to subdivide a 0.93 acre parcel into three lots, and to construct
two new two -story single - family homes on a lot at 15928 Union Ave that ran through to
Panorama Way behind it. On August 16, 2010, the Town Council approved the Subdivision
application (M- 08 -13) and Architecture and Site (A &S) application for Parcel 3. On April 13,
2011, the Planning Commission approved the A &S application for Parcel 2 and on February 27,
2013, the Planning Commission approved the A &S application for Parcel 1. Grading and
encroachment permits for the site were issued in 2010.
DISCUSSION:
Construction on the project is complete and the project is ready to be accepted by the Town. The
project included public improvements to the cul -de -sac at the end of Panorama Way, as well as
curb, gutter, sidewalk, street lights, and storm drainage improvements on both Panorama Way
and Union Ave. The work has been completed per the conditions required on the permit and to
the satisfaction of the Town Engineer. Upon acceptance by the Town Council, the Notice of
Completion will be recorded with the County.
PREPARED BY: MATT MORLEY 74 42_
Director of Parks and Public Works
Reviewed by: tg!r.Assistant Town Manager -�wn Attorney
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: PARCEL MAP OF 15928 UNION AVENUE
NOVEMBER 4, 2014
CONCLUSION:
Staff recommends that the Town Council adopt a resolution accepting the work of 217
O'Connor, LLC and authorize the Town Manager to execute a Certificate of Acceptance and
Notice of Completion for recording by the Clerk Administrator.
ENVIRONMENTAL ASSESSMENT:
This project was approved as a Mitigated Negative Declaration 09 -02 on August 16, 2010
(Attachment 2 with Exhibit A). This activity specifically is ministerial in nature.
FISCAL IMPACT:
There is no direct fiscal impact associated with accepting these public improvements. Once
accepted, these improvements become part of the Town's infrastructure which must be
maintained. These costs are offset by the property tax revenue the Town will receive associated
with the properties.
Attachments:
1. Resolution accepting work of 217 O'Connor, LLC
2. Resolution 2010 -087 (with Exhibit A)
Distribution:
217 O'Connor, LLC, Jeff Grant, 39 Reservoir Road, Los Gatos, CA 95030
RESOLUTION 2014-
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
ACCEPTING WORK OF
217 O'CONNOR, LLC
AND AUTHORIZING THE TOWN MANAGER TO EXECUTE
CERTIFICATE OF ACCEPTANCE AND
NOTICE OF COMPLETION
FOR RECORDING BY THE CLERK ADMINISTRATOR
WHEREAS, the Parks and Public Works Department of the Town of Los Gatos issued
Encroachment Permit EN10 -206 on February 8, 2011 pursuant to the August 16, 2010 Town
Council approval of the Subdivision Application (M- 08 -13) and Architecture and Site (A &S)
application for Parcel 3 (Resolution 2010 -087). Grading and encroachment permits for the site
were issued on 2010 (GR10- 205 /EN10 -206).
WHEREAS, 217 O'Connor, LLC has satisfactorily completed the public improvements
generally consisting of the improvements at the cul -de -sac located at Panorama Way with curb,
gutter, sidewalk, street lights, storm drainage and frontage improvements at 15928 Union
Avenue with widening of Union Avenue fronting the project site, and with the associated utilities
needed to serve the project. The development is now ready for final approval and acceptance by
the Town of Los Gatos;
WHEREAS, the work performed under Permit EN10 -206 is hereby accepted as
complete pursuant to the plans and specifications approved for the project;
NOW, THEREFORE, BE IT RESOLVED, that the Town Manager is authorized and
directed to execute the Certificate of Acceptance and Notice of Completion attached hereto as
Exhibit A;
BE IT FURTHER RESOLVED, the Clerk Administrator is directed to transmit this
Certificate of Acceptance and Notice of Completion to the Recorder of Santa Clara County for
recording.
ATTACHMENT
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of
Los Gatos, California, held on the 4u' day of November 2014 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
RESOLUTION 2010 -087
RESOLUTION GRANTING AN APPEAL OF A PLANNING COMMISSION DECISION
DENYING A REQUEST TO DEMOLISH A SINGLE - FAMILY RESIDENCE, TO
SUBDIVIDE A.93 ACRE PROPERTY INTO THREE LOTS AND TO CONSTRUCT
TWO NEW SINGLE - FAMILY RESIDENCES ON PROPERTY ZONED R -1:8
APN: 527 -42 -008
TENTATIVE MAP APPLICATION: M -08 -13
ARCHITECTURE AND SITE APPLICATIONS: 5- 08 -30, 5 -09 -33 & 5 -09 -34
NEGATIVE DECLARATION: ND -09 -02
PROPERTY LOCATION: 15928 UNION AVENUE
PROPERTY OWNER: 217 O'CONNOR, LLC
APPLICANT /APPELLENT: TONY JEANS
WHEREAS:
A. This matter came before the Town Council for public hearing on August 16,
2010, and was regularly noticed in conformance with State and Town law.
B. Council received testimony and documentary evidence from the appellant and all
interested persons who wished to testify or submit documents. Council considered all testimony
and materials submitted, including the record of the Planning Commission proceedings and the
packet of material contained in the Council Agenda Report dated August 5, 2010, along with
subsequent reports and materials prepared concerning this application.
C. The applicant proposed to demolish a one -story single- family residence, to
subdivide a .93 acre parcel into three lots, and to construct new two -story single - family homes
on two of the proposed lots on property zoned R -1:8 located on the east side of Union Avenue,
just north of Leewood Court. The property is currently developed with a 1,010 square foot one-
story residence with attached garage. Adjacent properties are all developed with single - family
homes.
D. The Planning Conunission considered the applications on June 9, 2010, and voted
to deny the Subdivision application based on findings that the proposed subdivision is not
ATTACHMENT
consistent with the goals of the General Plan, the site is not suitable for the proposed
development, and that the site is not suitable for the proposed density. The Commission also
determined that the proposed parcel configurations and resulting building envelopes and
proposed house sizes are not consistent or compatible with the existing lot pattern and
development in the immediate and most affected neighborhood (Panorama Way and Union
Avenue). The Architecture and Site applications were a defacto denial as they could not be
processed without approval of the subdivision.
E. The applicant appealed the decision of the Planning Commission based on his
belief that the Planning Commission erred in its decision in finding that the subdivision
application is not consistent with the surrounding neighborhood, and in finding that the site is not
physically suitable for the proposed density and/or type of development.
G. Council has determined that the Planning Commission erred in its decision in that
the site is physically suitable for the proposed density and the project is consistent with the
General Plan.
H. Council incorporates the findings for approval attached as Exhibits A and B.
RESOLVED:
1. The appeal of the decision of the Planning Commission on Subdivision
application M -08 -13 and Architectural and Site applications S- 08 -30, 5 -09 -33 and 5 -09 -34 is
hereby granted subject to the following additional conditions and findings:
(a) Additional conditions:
(i) The applicant shall redesign the new residence for Parcel 2 to reduce the
mass consistent with Council direction. The height shall be lowered by at least two feet
and the north side setback shall be a minimum of 9%2 feet. Following review of the
revised plans by staff, the Planning Commission shall be the deciding body for
Architecture and Site application S- 09 -33.
(ii) The Construction Management Plan shall include provisions for on -site
parking and primary access from Union Avenue as shown on the site plan displayed by
the applicant at the public hearing.
(b) Additional findings:
(i) The Council finds that a three -lot subdivision of the subject parcel is
compatible with the neighborhood and that a subdivision consisting of two approximately
16,000 square foot lots would be less compatible when compared with the size of
neighboring lots,
(ii) That the project is well designed to fit in with the existing development
and the three -lot proposal produces two additional housing opportunities for the
community.
2. The decision constitutes a final administrative decision pursuant to Code of Civil
Procedure section 1094.6 as adopted by section 1.10.085 of the Town Code of the Town of Los
Gatos. Any application for judicial relief from this decision must be sought within the time
limits and pursuant to the procedures established by Code of Civil Procedure section 1094.6, or
such shorter time as required by State and Federal Law,
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos,
California on the 16th day of August 2010, by the following vote.
COUNCIL MEMBERS:
AYES: Joe Pirzynski, Steve Rice, Mike Wasserman, Mayor Diane McNutt
NAYS: Barbara Spector
ABSENT:
ABSTAIN:
SIGNED:
h4Mt /hctilc '
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CL ADMINISTRATOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
TOWN COUNCIL — AUGUST 16, 2010
REQUIRED FINDINGS FOR:
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
FINDINGS:
Demolition of a single fan ly residence:
As required by Section 29.10.09030(e) of the Town Code for the demolition of a single
family residence:
1. The Town's housing stock will be maintained as the house will be replaced and two
additional homes will be built.
2. The existing structure has no architectural or historical significance.
3. The property owner does not desire to maintain the structure as it exists; and
4. The economic utility of the structure is poor and would not be cost effective to repair
and remodel.
State Subdivision Map Act:
None of the following findings for denial specified in Section 66474 of the State Subdivision
Map Act can be made.
a. The proposed map is consistent with applicable general and specific plans as
specified in Section 6 545 1.
b. The design or improvement of the subdivision is consistent with applicable general
and specific plans.
C. The site is physically suitable for the type of development.
d. The site is physically suitable for the proposed density of development.
e. The design of the subdivision or the proposed improvements will not cause
substantial environmental damage or substantially and avoidably injure fish or
wildlife or their habitat.
f. The design of the subdivision or type of improvements will not cause serious public
health problems.
g. The design of the subdivision or the type of improvements will not conflict with
easements, acquired by the public at large, for access through or use'of, property
within the proposed subdivision.
N: D FlNUNGS 2 CNI M5923 -T IMV
EXHIBIT A
TOWN COUNCIL — AUGUST 16, 2010
REQUIRED FIiNDINGS FOR:
15928 Union Avenue — Parcels 2 and 3
Architecture and Site Applications 5 -09 -33 & 5 -09 -34
Requesting approval to construct two new single - family residences on vacant parcels created by a
three -lot subdivision on property zoned R -1:8. APN 527 -42 -008.
PROPERTY OWNER: 217 O'Connor LLC
APPLICANT: Tony Jeans, T.H.I.S. Design
FINDINGS:
Required finding for CEQA:
An Initial Study and Mitigated Negative Declaration (MND) were prepared for the Tentative Map.
No further environmental analysis is required for the individual site development.
Required Compliance with Residential Design Guidelines:
The project was reviewed by the Town's Consulting Architect and is in compliance with the
Residential Design Guidelines.
CONSIDERATIONS:
Required considerations in review of applications:
As required by Section 29.20.150 of the Town Code, the considerations in review of an architecture
and site application were all made in reviewing this project.
NiOEV FWDMSAIDINLNIQti15928 -ASS.D C
EXHIBIT B