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1975-062-Concerning Appeal Of Conditions Of Granting Of Conditional Use Permit U-75-1 And Architectural And State Application S-75-18RESOLUTION NO. 1975 -62 RESOLUTION CONCERNING APPEAL OF CONDITIONS OF GRANTING OF CONDITIONAL USE PERMIT U -75 -1 AND ARCHITECTURAL AND SITE APPLICATION S- 75 -18. WHEREAS, the applicant, DICK SKEEN, appealed to the Town Council seeking modification of the Architecture and Site Committee's conditions of approval of Conditional Use Permit U -75 -1 and Architecture and Site Approval S- 75 -18, and on May 19, 1975 the Town Council heard the appeal, considered the record of the proceedings before the Architecture and Site Committee and received additional evidence, and WHEREAS, the Town Council finds that the Architecture and Site Committee erred in: (1) requiring that the applicant provide storm drainage improvements to an extent exceeding that warranted by the burden the project will impose on the Town's storm drainage system, (2) failing to consider shorter sewer line routing, (3) failing to specify clearly the nature of the electrical undergrounding requirement, and failing to give sufficient weight to the facts concerning the probable rate of development of adjacent property when setting the time for performance of the undergrounding condition, RESOLVED, the conditions of approval of both applications are modified to read: -1- CONDITIONAL USE PERMIT CONDITIONS 1. That the applicant dedicate right -of -way for street widening and guarantee by contract and bond the installation of standard street improvements to the satisfaction of the Town Engineer, as follows: a. Dardanelli Lane: Dedicate right -of -way across the frontage of the subject property to a line 30 feet from centerline. Improvements include paving, curb and gutters, sidewalks and street lighting. b. West Parr Avenue: Dedicate right -of -way across the frontage of the subject property to a line 30 feet from centerline. Improvements include paving, curb and gutters, sidewalk and street lighting. C. Connections to existing (off -site) sanitary and storm sewers to the satisfaction of the Town Engineer, subject to the following: (1) At applicant's option, connection may be made either to the existing sanitary sewer on West Parr Avenue, east of the applicant's property, if this can physically be done with sufficient fall to provide self- cleansing velocity, or to the existing sanitary sewer -2- at the easterly terminus of Audrey Avenue. (2) If the applicant elects to connect to the sanitary sewer in West Parr Avenue he shall also enter into a written agreement satisfactory to the Town Engineer prior to issuance of any building permit binding him and his successors in interest in the land to participate in an assessment district formed by the Town or any special district for the construction of a sanitary sewer in Dardanelli Lane and Vale Avenue. (3) Storm sewer construction on West Parr Avenue shall be from the centerline of Dardanelli Lane to the easterly line of applicant's property. ARCHITECTURAL AND SITE APPROVAL CONDITIONS 1. That a revised landscaping and irrigation plan be submitted to and approved by the Superintendent of Parks and Forestry and Planning Director illustrating the following: a. Minimum shrub size shall be 5 gallon and minimum tree size shall be 15 gallon. b. Additional plant materials, including trees, -3- along all property lines but especially the south and west property lines to provide more year -round screening of the 12 -foot high fence from off the property. C. Addition of some native trees such as oaks, redwoods, bays, or sycamores. Removal of the 36 -inch pepper tree is approved if replaced with an oak of a. species approved by the Superintendent of Parks and Forestry. d. Elimination of the Monterey pines and their replacement with some other variety of pine. e. Landscaping of the planter strip within the public right -of -way. 2. That revised plans illustrating compliance with all building code requirements for both clubhouse structures and the storage building be submitted to the Planning Director for approval. 3. That the free- standing sign be placed at least 5 feet back of the property line. 4. That the applicant shall, within two years of June 1, 1975, underground all overhead utility lines along the Dardanelli Lane frontage of the property, that the obligation to underground the lines shall be evidenced by a written contract with the Town, entered before issuance of any building permit, binding the applicant and his successors in interest in the land and secured by a performance bond in the amount of the Town Engineer's estimated 1977 cost of performing the work, provided that the obligation shall be limited to removal of no more than two utility poles. 5. That grading, drainage (except as otherwise specified in the Conditional Use Permit conditions of approval), traffic circulation and lighting plans be to the satisfaction of the Town Engineer. 6. That the parcels be combined by a Parcel Map to the satisfaction of the Town Engineer. 7. That the applicant provide information to the satisfaction of the Town Engineer establishing that the two "surrounded parcels" were created prior to the requirement for lot division review by the Town. 8. That plans or documentation insuring the completion of all conditions be submitted prior to any building permits being issued. PASSED AND ADOPTED at a requiar meeting of the Town Council of the Town of Los Gatos held on the 2nd day -5- of 1975, by the following vote: AYES: COUNCILMEN Ruth Caimon Mark B. DiDuca. John P. Lochner Albert B. Smith Edon Jensen NOES: COUNCILMEN None ABSENT: COUNCILMEN No1e SIGNED: MAYOR OF THE' \TOWN OF LOS GATOS r 1 ATTEST: CLERK 07 THE TOWN OF WS GATOS -6-