1996-027-Granting Appeal Of Tennis Court Color Condition, And Approving Grading Plans For The Construction Of A Tennis Court On Property In The RC ZoneRESOLUTION 1996 - 27
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS GRANTING
WITHDRAWAL OF APPEALS OF A PLANNING COMMISSION DECISION AND
GRANTING APPEAL OF TENNIS COURT COLOR CONDITION, AND APPROVING
GRADING PLANS FOR THE CONSTRUCTION OF A TENNIS COURT ON PROPERTY
IN THE RC ZONE
ARCHITECTURE AND SITE APPLICATION S -95 -43
(PROPERTY ADDRESS: 15294 KENNEDY ROAD
PROPERTY OWNER: T.W. IRELAND
APPELLANT: JOSEPH RODGERS)
WHEREAS:
A. This matter came before the Council for public hearing on March 4, 1996, after
being continued at the request of the Appellant from January 16, 1996, on appeal from a decision
of the Planning Commission and was regularly noticed in conformance with State and Town law.
B. The Council received letters from the Appellant and the Property Owner, who had
filed a cross - appeal, stating that the two parties had reached agreement on issues that concerned
them and wished to withdraw each of their appeals.
C. The Council received testimony and documentary evidence from all interested
persons who wished to testify or submit documents. The Council considered all testimony and
materials submitted, including the record of the Planning Commission proceedings and the packet
attached to the Council Agenda Reports dated January 12, February 29, and March 4, 1996,
concerning this application.
D. The Appellant indicates by letter dated March 4, 1996, that he would accept the
modification of Condition No. 4 to allow the tennis court to be either grey or green as originally
recommended by the Development Review Committee, and it appears that the Planning
Commission limited the color to green only because the Appellant requested it.
E. The withdrawal of this request for a specific color by the Appellant constitutes a
new factual situation that was not present before the Commission, and allowing the Property
Owner to use either grey or green to color the court is a minor alteration.
F. The findings of the Planning Commission are adopted and approved, and it appears
that the Commission duly considered all of the issues required in Section 29.20.150.
G. It appears that the project as conditioned in this approval will preserve the health,
safety and welfare of the community, and the design and siting of the proposed court is
appropriate as conditioned in this approval.
RESOLVED:
1. The appeal of the decision of the Planning Commission on Architecture and Site
Application S -95 -43 is granted only insofar as Condition No. 4 is amended to allow either grey
or green for the court color, and the requests for withdrawal of the appeals are approved.
2. Architecture and Site Application S -95 -43 is approved subject to the provisions of
the Town Code and the conditions specified in Exhibit A hereto.
3. This decision does not and shall not constitute any precedent for permitting tennis
courts in the hillside area or anywhere else in the Town, and the Town Council shall continue to
examine any such request on a specific site, design, and environmental basis under the Town Code
and Town policies.
Pursuant to Town Code § 29.20.320, this approval will expire two years from the date that
this resolution was adopted unless the approval is used before expiration. Section 29.20.335
defines what constitutes use of an approval granted under the Zoning Code. Reasonable time
extensions of the approval not exceeding one year may be granted upon application to and
approval by the Development Review Committee, but the Committee approval must occur before
the initial expiration of the approval occurs.
This 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 or federal law.
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PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los
Gatos, California, held on the 18th day of March, 1996 by the following vote.
COUNCIL MEMBERS:
AYES: Joanne Benjamin, Steven Blanton, Linda Lubeck, Patrick O'Laughlin,
Mayor Randy Attaway
NAYS: None
ABSENT: None
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CLERK OF THE TOWN OF 1 OS GATOS
LOS GATOS, CALIFORNIA
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EXHIBIT A
CONDITIONS OF APPROVAL OF
ARCHITECTURE AND SITE APPLICATION S -95 -43
15294 KENNEDY ROAD
CONDITIONS:
TO THE SATISFACTION OF THE PLANNING DIRECTOR:
(Planning Section)
1. No lighting shall be allowed for the tennis court.
2. Screening of tennis court and gazebo nearest tennis court from the Rodgers viewpoint
shall be documented by a line of sight rendering and submitted to the Planning
Department.
3. The screening plant material shall be determined by a date certain worked out by staff
and /or the superintendent of Parks and Forestry.
4. The tennis court material shall be green or grey.
(Engineering Development Section)
5. Submit a separate copy of the final grading, drainage, and interim erosion control plans
to the Engineering Section of the Planning Department.
6. No grading or earth- disturbing activities shall be initiated between October 1 and April
15. For grading operations commenced before October 1, all grading or earth -
disturbing activities shall cease October 15 and will not be allowed to restart until April
15. These limitations apply to the following: driveways, building pads, foundation
trenches and drilled piers, retaining walls, swimming pools, tennis courts,
outbuildings, and utility trenches. Install interim erosion control measures, shown on
the approved interim erosion control plan, by October 1, if final landscaping is not in
place. Maintain the interim erosion control measures throughout the October 1 to
April 15 period.
7. A Grading Permit will be required for the construction of the tennis court and
associated drainage facilities.
8. All fees, as applicable, are to be paid before any permits are issued.
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A well information questionnaire (available through the Counter Technician) shall be
completed.
10. The slope fill dispersed on MidPeninsula Regional Open Space District land shall be
properly compacted and seeded with native material. The intrusion on District land is
located adjacent to the northeastern end of the tennis court.
TO THE SATISFACTION OF THE BUILDING AND ENGINEERING SERVICES
DIRECTOR:
11. If the fence around the tennis court exceeds six feet in height, a building permit will be
required.
TO THE SATISFACTION OF THE PARKS, FORESTRY, AND MAINTENANCE
SERVICES DIRECTOR:
12. No construction or grading shall take place within the dripline of existing trees.
Protective tree fencing shall be installed prior to the start of construction and remain in
place during construction.
13. All newly planted landscaping shall be irrigated by an in- ground irrigation system.
Special care shall be taken to avoid irrigation which will endanger existing native trees.
14. Any new impervious surfaces under the dripline of existing trees shall
have aeration tubes installed.
15. Additional screening around the tennis court is required. The screening shall include
tall native trees, considerable in size, and not planted in a straight row. The trees
shall be dense evergreens that effectively screen the tennis court and the gazebo nearest
the court from the Rodgers viewpoint.
16. Tall screening plant material shall be planted in the 5' setback area on the east side of
the tennis court, to provide screening from the public trail on the adjacent district land.
The Open Space District recommends a native planting, such as Holly Leaf Cherry.
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