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1991-188-Denying Appeal Of A Decision Of The Planning Commission Approving Demolition Of An Existing Single-Family Residence And Construction Of A New Two Story Single-Family Residence On Property In The R-1:8000 ZoneRESOLUTION 1991 -188 RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DENYING AN APPEAL OF A DECISION OF THE PLANNING COMMISSION APPROVING DEMOLITION OF AN EXISTING SINGLE - FAMILY RESIDENCE AND CONSTRUCTION OF A NEW TWO STORY SINGLE - FAMILY RESIDENCE ON PROPERTY IN THE R- 1:8000 ZONE; ARCHITECTURE AND SITE APPLICATION S -91 -35 (17161 PINE AVENUE /APPELLANT STEVEN W. MYERS OWNER JIM AND CATHY NIELSEN) WHEREAS: A. Steven W. Myers, appellant, has appealed a decision of the Planning Commission approving demolition of an existing single - family residence and construction of a new two story single - family residence on property in the R- 1:8000 zone, Architecture and Site Application S- 91 -35; B. The Development Review Committee met on April 30, 1991 and recommended that the Planning Commission approve the project with conditions; C. The Planning Commission approved the application on June 12, 1991 and found that the tennis court lighting is reasonable because the proposed cut -off fixtures direct light on -site; and D. A public hearing was held by the Town Council on August 5, 1991; BE IT RESOLVED: A. The Town Council hereby finds that the Planning Commission did not err in approving the demolition of an existing single - family residence and construction of a new two story single - family residence on property located at 17161 Pine Avenue. B. Based on the foregoing findings, the Town Council denies the appeal and grants Architecture and Site Application S -91 -35 subject to the following conditions: TO THE SATISFACTION OF THE PLANNING DIRECTOR: 1. Perform the conditions of approval on the cover sheet of the plans submitted for Building Permit. 2. Obtain a Tree Removal Permit prior to issuance of a Building Permit. 3. Submit plan for construction of protective fencing pre- approved by the Director of Parks, Forestry and Maintenance. 4. The lighting for the tennis court shall be directed on -site and shall not shine onto neighboring properties. TO THE SATISFACTION OF THE TOWN ENGINEER: 5. A Grading Permit will be required for the construction of the tennis court 6. A well information questionnaire (available through the Town Engineer) shall be completed. 7. Any existing sanitary sewer lateral proposed for reuse shall be televised and approved by West Valley Sanitation District. 8. 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. TO THE SATISFACTION OF THE DIRECTOR OF PARKS, FORESTRY AND MAINTENANCE: 9. Prepare a plan identifying the type and location of all existing trees on -site and plans for a protective fence to be installed around the trees during construction. 10. Prepare a landscaping plan to increase screening of tennis court lights from neighboring residences including provisions for maintenance and replacement of vegetative screening. 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 August, 1991 by the following vote. COUNCIL MEMBERS: AYES: Randy Attaway, Joanne Benjamin, Steven Blanton Mayor Brent N. Ventura NAYS: None ABSENT: Eric D. Carlson ABSTAIN: None SIGNED:ir/ MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: E CLERK OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA 3