Loading...
1991-214-Denying Appeal Of Planning Commission Decision To Approve An Application To Expand An Existing Single-Family Residence In The HR-2 1/2 Zone; Architecture And Site Application S-85-22BCORRECTED VERSION RESOLUTION 1991 - 214 RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DENYING APPEAL OF PLANNING COMMISSION DECISION TO APPROVE AN APPLICATION TO EXPAND AN EXISTING SINGLE - FAMILY RESIDENCE IN THE HR -2 1/2 ZONE; ARCHITECTURE AND SITE APPLICATION S- 85 -22B (300 SANTA ROSA DRIVE /OWNER: STEVE WOZNIAK/ APPELLATE: GERALD DAVIDSON) WHEREAS: A. Gerald Davidson, appellant, has appealed a decision of the Planning Commission approving an application to expand an existing single - family residence in the HR -2 1/2 zone (Architecture and Site Application S -85 -2213). Property located at 300 Santa Rosa Drive, and owned by Steve Wozniak; B. The Planning Commission heard this matter on June 24, 1991 and remanded the matter to the Development Review Committee to incorporate additional conditions to mitigate the neighborhood concerns relating to construction; C. The Planning Commission heard this matter on July 17, 1991 and approved the application with the following modifications and conditions: TO THE SATISFACTION OF THE PLANNING DIRECTOR: 1. No large delivery trucks or slow moving vehicular traffic will be allowed before 8:30 a.m. or after 3:30 p.m. 2. Flagmen will be posted at strategic locations during deliveries between 8:30 a.m. to 3:30 p.m. to assist homeowners. 3. Hours of construction for work proposed under this application shall be from 8:30 a.m. to 6:00 p.m., Monday through Friday. No construction work shall occur on weekends during the period of June 21 through November 2 and after those dates interior work only with hours restricted to 9:00 a.m. to 6:00 p.m. 4. The portable toilet shall be stored out of sight of the neighbors `a 5. The Supervising General Contractor shall be responsible for the daily cleaning of the construction site, street, and designated parking areas for the duration of construction. 6. That portion of the designated private open space utilized for construction equipment parking shall be cleared, cleaned and reseeded prior to issuance of a Building Permit. TO THE SATISFACTION OF THE TOWN ENGINEER: 7. No curbside parking of construction vehicles or equipment shall be allowed along Santa Rosa Drive. All such vehicles shall be parked on the subject site. Other off - street parking areas shall be reviewed and approved by the Town. A staging plan for heavy equipment and construction vehicles will be reviewed for the adequacy of parking to the satisfaction of the Town Engineer and monitored by the Building Official. 8. The applicant shall be required to maintain two -way traffic at all times on Santa Rosa Drive. If two -way traffic cannot be maintained, the Town Engineer shall be notified in advance. Prior approval may be obtained to temporarily close one lane at a time with the provision that a ten -foot minimum width traffic lane be maintained and that flagmen be located at both ends of the closure. 9. Final grading, drainage, retaining wall and interim erosion control plans shall be submitted to the Engineering Department. 10. Interim and final erosion control plans shall be prepared and submitted. Grading activities shall be limited to the period of least rainfall (April 15 to October 1). If grading is allowed to proceed during the rainy season, maximum of two weeks shall be allowed between clearing of an area and stabilizing /building on this area. In addition, straw bales and plastic sheeting shall be stored on -site for emergency control, if needed. To protect downstream water quality during winter months, filter berms, check dams, retention basins, silt fences, and straw bale dikes shall be installed as needed on the project site. 11. A Grading Permit will be required for the grading outside the building perimeter. 12. Any section of curb and gutter along the frontage of the property that are currently broken, raised, or any sections damaged during construction shall be replaced. 13. Any work in the public right -of -way will require a Construction Encroachment Permit. 3 14. Any existing sanitary sewer lateral proposed for reuse shall be televised and approved by West Valley Sanitation District. 15. A sanitary sewer lateral clean -out shall be installed at the property line if one does not already exist within two feet of the property line. 16. A five -year tree maintenance agreement shall be entered into for existing and newly planted trees. TO THE SATISFACTION OF THE DIRECTOR OF PARKS, FORESTRY & MAINTENANCE SERVICES: 17. Newly planted trees shall be double- staked, using rubber tree ties and shall be planted prior to occupancy. 18. All tree care activities shall be accomplished by a licensed, competent tree care firm as approved by and under the supervision of the Director of Parks, Forestry & Maintenance Services. 19. Prior to any Construction or Building Permits being issued, the applicant shall meet with the Director of Parks, Forestry and Maintenance Services concerning the need for protective fencing around the existing trees. A plan for such protective fencing demonstrating type and location shall be submitted to the Planning Director after being approved by the Director of Parks, Forestry and Maintenance Services. Such fencing is to be installed prior to, and be maintained during, construction. D. A public hearing was held before the Town Council on September 3, 1991 and a motion to deny the appeal failed on a tie vote. RESOLVED: The action of the Planning Commission is final. Pursuant to Los Gatos Town Code Section 1 -15, the time for seeking judicial review for the Town Council decision is governed by California Code of Civil Procedure Section 1094.6. 11 PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 19th day of September, 1991 by the following vote. COUNCIL MEMBERS: AYES: Randy Ataway, Joanne Benjamin, Steven Blanton NAYS: None ABSENT: Eric D. Carlson ABSTAIN: Mayor Brent N. Ventura SIGNED: �� / MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: CLERK OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA 5 IN CORRECT VOTE RESOLUTION 1991 - 214 RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DENYING APPEAL OF PLANNING COMMISSION DECISION TO APPROVE AN APPLICATION TO EXPAND AN EXISTING SINGLE - FAMILY RESIDENCE IN THE HR -2 1/2 ZONE; ARCHITECTURE AND SITE APPLICATION S- 85 -22B (300 SANTA ROSA DRIVE /OWNER: STEVE WOZNIAK/ APPELLATE: GERALD DAVIDSON) WHEREAS: A. Gerald Davidson, appellant, has appealed a decision of the Planning Commission approving an application to expand an existing single - family residence in the HR -2 1/2 zone (Architecture and Site Application S- 85 -2213). Property located at 300 Santa Rosa Drive, and owned by Steve Wozniak; B. The Planning Commission heard this matter on June 24, 1991 and remanded the matter to the Development Review Committee to incorporate additional conditions to mitigate the neighborhood concerns relating to construction; C. The Planning Commission heard this matter on July 17, 1991 and approved the application with the following modifications and conditions: TO THE SATISFACTION OF THE PLANNING DIRECTOR: 1. No large delivery trucks or slow moving vehicular traffic will be allowed before 8:30 a.m. or after 3:30 p.m. 2. Flagmen will be posted at strategic locations during deliveries between 8:30 a.m. to 3:30 p.m. to assist homeowners. 3. Hours of construction for work proposed under this application shall be from 8:30 a.m. to 6:00 p.m., Monday through Friday. No construction work shall occur on weekends during the period of June 21 through November 2 and after those dates interior work only with hours restricted to 9:00 a.m. to 6:00 p.m. 4. The portable toilet shall be stored out of sight of the neighbors 2 5. The Supervising General Contractor shall be responsible for the daily cleaning of the construction site, street, and designated parking areas for the duration of construction. 6. That portion of the designated private open space utilized for construction equipment parking shall be cleared, cleaned and reseeded prior to issuance of a Building Permit. TO THE SATISFACTION OF THE TOWN ENGINEER: 7. No curbside parking of construction vehicles or equipment shall be allowed along Santa Rosa Drive. All such vehicles shall be parked on the subject site. Other off - street parking areas shall be reviewed and approved by the Town. A staging plan for heavy equipment and construction vehicles will be reviewed for the adequacy of parking to the satisfaction of the Town Engineer and monitored by the Building Official. 8. The applicant shall be required to maintain two -way traffic at all times on Santa Rosa Drive. If two -way traffic cannot be maintained, the Town Engineer shall be notified in advance. Prior approval may be obtained to temporarily close one lane at a time with the provision that a ten -foot minimum width traffic lane be maintained and that flagmen be located at both ends of the closure. 9. Final grading, drainage, retaining wall and interim erosion control plans shall be submitted to the Engineering Department. 10. Interim and final erosion control plans shall be prepared and submitted. Grading activities shall be limited to the period of least rainfall (April 15 to October 1). If grading is allowed to proceed during the rainy season, maximum of two weeks shall be allowed between clearing of an area and stabilizing /building on this area. In addition, straw bales and plastic sheeting shall be stored on -site for emergency control, if needed. To protect downstream water quality during winter months, filter berms, check dams, retention basins, silt fences, and straw bale dikes shall be installed as needed on the project site. 11. A Grading Permit will be required for the grading outside the building perimeter. 12. Any section of curb and gutter along the frontage of the property that are currently broken, raised, or any sections damaged during construction shall be replaced. 13. Any work in the public right -of -way will require a Construction Encroachment Permit. 3 14. Any existing sanitary sewer lateral proposed for reuse shall be televised and approved by West Valley Sanitation District. 15. A sanitary sewer lateral clean -out shall be installed at the property line if one does not already exist within two feet of the property line. 16. A five -year tree maintenance agreement shall be entered into for existing and newly planted trees. TO THE SATISFACTION OF THE DIRECTOR OF PARKS, FORESTRY & MAINTENANCE SERVICES: 1.7. Newly planted trees shall be double- staked, using rubber tree ties and shall be planted prior to occupancy. 18. All tree care activities shall be accomplished by a licensed, competent tree care firm as approved by and under the supervision of the Director of Parks, Forestry & Maintenance Services. 19. Prior to any Construction or Building Permits being issued, the applicant shall meet with the Director of Parks, Forestry and Maintenance Services concerning the need for protective fencing around the existing trees. A plan for such protective fencing demonstrating type and location shall be submitted to the Planning Director after being approved by the Director of Parks, Forestry and Maintenance Services. Such fencing is to be installed prior to, and be maintained during, construction. D. A public hearing was held before the Town Council on September 3, 1991 and a motion to deny the appeal failed on a tie vote. RESOLVED: The action of the Planning Commission is final. Pursuant to Los Gatos Town Code Section 1 -15, the time for seeking judicial review for the Town Council decision is governed by California Code of Civil Procedure Section 1094.6. 2 PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 19th day of September, 1991 by the following vote. COUNCIL MEMBERS: AYES: Randy Ataway, Joanne Benjamin, Steven Blanton Mayor Brent N. Ventura NAYS: None ABSENT: Eric D. Carlson ABSTAIN: None SIGNED: MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: .....E CLERK OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA W1