1992-115-Denying An Appeal Of A Decision Of The Planning Commission Approving The Issuance Of A Certificate Of Compliance For Property On The R-1:20,000 ZoneRESOLUTION 1992 -115
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
DENYING AN APPEAL OF A DECISION OF THE PLANNING COMMISSION
APPROVING THE ISSUANCE OF A CERTIFICATE OF COMPLIANCE
FOR PROPERTY IN THE R- 1:20,000 ZONE. SUBDIVISION APPLICATION M- 77 -513.
PROPERTY LOCATED AT 16035 CAMINO DEL CERRO.
PROPERTY OWNER /APPLICANT: WILFRED W. CARSTENS
WHEREAS:
A. Wilfred W. Carstens, property owner and appellant, has appealed a decision
of the Planning Commission approving the issuance of a certificate of compliance for
property in the R- 1:20,000 zone, Subdivision application M- 77 -513. Property located at
16035 Camino Del Cerro.
B. October 3, 1969 the Town Council approved the application to prezone
property to allow for a subsequent division of the parcel into two lots. November 5, 1969
the Planning Commission approved the two lot subdivision subject to conditions.
C. In 1969 Carstens annexed the property to the Town and dedicated the
adjacent stretch as a public street. Approval was granted on May 4, 1977, subject to
conditions, for a 2 -lot subdivision.
D. July 27, 1984 the Planning Commission found both proposed lots complied
with provision of local ordinances and granted the Certificate of Compliance subject to
conditions. The decision was appealed.
E. The Town Council considered the matter on November 7, 1983 and found
that the Planning Commission erred and granted the appeal.
F. The Planning Commission considered the matter on January 22, 1992 and
continued the hearing to allow the applicant to provide further information. The matter
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was considered on April 22, 1992 and the Certificate of Compliance was granted subject
to the conditions recommended by the Development Review Committee.
G. Applicant is appealing the requirement for a lot frontage of 100 feet and the
requirement of access to the parcel from the street frontage.
H. A Town Council public hearing was held on June 1, 1992.
BE IT RESOLVED:
A. The Town Council hereby finds no evidence that the Planning Commission
erred in its decision.
B. Based on the foregoing findings, the appeal is denied and the project is
approved subject to the following conditions:
TO THE SATISFACTION OF THE PLANNING DIRECTOR:
1. Architecture and Site approval shall be received prior to the issuance of any
development permits for the driveway or future residence.
2. The minimum lot frontage shall be 100 feet.
TO THE SATISFACTION OF THE TOWN ENGINEER:
3. Access to the lot shall be directly from the street frontage to the lot and shall
not cross through another parcel of land. The driveway shall comply with
current Town standards concerning width, slope, surfacing, retaining wall,
construction, grading and drainage.
4. Final grading, drainage, retaining wall, driveway, utility and interim erosion
control plans shall be submitted to the Engineering Department.
5. No grading or earth - disturbing activities shall be initiated between October
1 and April 15. For grading operations commenced prior to 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. If final
landscaping is not completed by September 1, interim erosion control
measures shown on the approved interim erosion control plan will be required
to be instituted by October 1 and maintained throughout the October 1 to
April 15 period.
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6. A well information questionnaire (available through the Town Engineer) shall
be completed.
7. A parcel map shall be filed, as specified in Section 66445(e) of the
Government Code.
S. The following improvements shall be installed along the Camino del Cerro
frontage: curb, gutter, sidewalk, tie -in paving, street light, signing, striping,
storm and sanitary sewers, as required.
9. Paved access shall be provided to all sanitary sewer manholes.
10. An engineered drainage plan shall be provided. The plan shall include the
construction of a 12 -inch diameter storm drain (minimum size), connecting
the existing storm drain line on the southerly boundary of this property to the
existing storm drain inlet on the southerly side of Blossom Hill Road (near
the intersection of Camino Del Cerro and Blossom Hill Road).
11. All driveway, retaining wall, storm drainage and public improvements shall
be guaranteed by contract, Faithful Performance Security, and Labor and
Materials Security. Additionally, insurance holding the Town harmless shall
be provided.
12. Traffic Impact Mitigation fees for a single family dwelling shall be paid prior
to the issuance of a Certificate of Occupancy for any new house on this
parcel.
13. Underground cable television service shall be provided to this parcel.
14. Drainage fees shall be paid for this lot as specified in Section 24.60.035(b)(1)
of the Town Code.
15. Horizontal and vertical controls shall be set and certified by a licensed
surveyor or registered civil engineer for the following items:
a. Retaining wall -top of wall elevations and location.
b. Toe and top of cut and fill slopes.
16. All documents, contracts, securities, insurance and fees, as applicable, shall
be provided prior to the recordation of the Parcel Map.
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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 15th day of June, 1992 by the following vote.
COUNCIL MEMBERS:
AYES: Randy Attaway, Joanne Benjamin, Steven Blanton, Brent N. Ventura
NAYS: None
ABSENT: Mayor Eric D. Carlson
ABSTAIN: None
SIGNED:
VIC - AYOR OF THE TO OF LOS GATOS
LOS ATOS, CALIFORNIA
ATTEST:
CLERK OF THE TOWN 01 �L S GATOS
LOS GATOS, CALIFORNIA
C!