1991-165-Denying An Appeal Of The Planning Commission's Decision Granting Approval Of A Lot Line Adjustment To Exchange Approximately 1,490 Square Feet Of Area At The Rear Of Each PropertyRESOLUTION 1991 -165
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
DENYING AN APPEAL OF THE PLANNING COMMISSION'S DECISION
GRANTING APPROVAL OF A LOT LINE ADJUSTMENT TO EXCHANGE
APPROXIMATELY 1,490 SQUARE FEET OF AREA AT THE REAR OF EACH
PROPERTY AND TO DIVIDE THE PARCEL FRONTING ON COLLEGE AVENUE
INTO TWO LOTS IN THE R- 1:8,000 ZONE, SUBDIVISION APPLICATION M -90 -12
AND M- 90 -12A
(126 COLLEGE AVENUE & 24 EUCLID AVENUE /MIKE GRABILL, ET AL.)
WHEREAS:
A. Irwin Joseph, appellant, has appealed a decision of the Planning Commission
approving an application for a lot line adjustment to exchange approximately 1,490 sq. ft.
of area at the rear of two properties, 126 College Avenue and 24 Euclid Avenue, and to
divide the parcel fronting on to College Avenue into two lots in order to construct a new
single family residence in the R- 1:8000 zone (Subdivision Application M -90 -12 and M -90-
12A);
B. The Development Review Committee considered the application on May 2,
1991 and recommended that the Planning Commission approve the Subdivision Application
subject to conditions;
D. A public hearing was held on July 1, 1991.
BE IT RESOLVED:
A. The Town Council hereby finds no evidence or testimony was presented that
the decision of the Planning Commission erred.
B. The Town Council found that site and application review could address
adequately issues related to traffic safety and neighborhood compatibility by favoring a a
single story design.
C. Based on the foregoing finding, the Town Council grants the Subdivision
Applications M -90 -12 and M- 90 -12A subject to the following conditions:
TO THE SATISFACTION OF THE PLANNING DIRECTOR:
1. A total of two parking spaces must be provided on Parcel A, located outside
the front setback.
TO THE SATISFACTION OF THE TOWN ENGINEER:
2. A condition of Parcel B shall be recorded stating that the maximum size of
the future residence (including garage) shall not exceed 2,400 sq. ft.
3. A well information questionnaire (available through the Town Engineer) shall
be completed.
4. A parcel map shall be filed.
5. The following shall be dedicated:
a. College Avenue. A 30 -foot half- street right -of -way with a
transition to a 20 -foot half- street right -of -way.
b. Sidewalk ingress- egress, storm drainage, sanitary sewer and
public service easements, as required.
6. The following improvements for College Avenue shall be guaranteed by
contract, Faithful Performance Security, Labor & Materials Security, insurance
holding the Town harmless shall be provided, and completed prior to the
occupancy of any new building: Concrete curb, gutter, sidewalks, street light,
tie -in paving, signing, striping, storm and sanitary sewers, as required.
7. Underground cable television service shall be provided to the new lot.
8. A 1603 Permit shall be obtained from the Department of Fish & Game for
proposed improvements in or near riparian areas within their jurisdiction.
9. Any existing sanitary sewer lateral proposed for reuse shall be televised and
approved by West Valley Sanitation District.
10. A sanitary sewer lateral clean -out shall be installed at the property line.
11. All documents, contracts, security, insurance, and fees, as applicable, shall be
provided prior to the recordation of the map.
TO THE SATISFACTION OF THE DIRECTOR OF PARKS, FORESTRY &
MAINTENANCE SERVICES:
12. The future residence, or other related construction shall be constructed
outside the driplines of existing trees with the following approved exceptions:
a. The structure shall be minimum of 12 feet from an Oak tree and
10 feet to 8 feet for all other trees;
b. The foundation shall be pier and grade beam construction.
13. Any trees proposed for pruning must be previously inspected by the Parks and
Forestry Department and completed by a competent Arborist.
14. Only pier and beam foundation designs should be used in any area beneath
the canopy of these trees. The beams must be laid at ground level and
excavations beneath original ground level should not be used during that
excavation.
15. Fill soil shall be removed during construction.
16. A construction period fence must be installed 4' from the actual construction
activity margin to prevent contractors and sub - contractors from traveling into
areas beneath the tree canopy.
17. No construction period effluent materials may be dumped in any area beneath
the tree canopies. This includes concrete slurry, paint or paint thinner,
fiberglass or fiberglass thinners.
18. The trees must be sub - surfaced fertilized this winter or early spring to inject
Green belt 22 -14 -14 Fertilizer or exact equivalent in all soil beneath the tree
canopies. This must occur before construction begins to begin invigoration
of the vascular tissue of these trees. This should apply the material at 4
pounds of 22 -14 -14 fertilizer per 100 gallons of water, using 10 gallons of
fertilizer mix per 1" of trunk diameter.
19. Tree #4 is very heavily infected by Oak Rood Fungus, Armillaria mellea, in
the root cellar area and up the north side of the trunk. The decay tissue shall
be removed with hammer and chisel very carefully to leave any live vascular
tissue as undamaged as possible.
20. A cable should be placed between the two major parts of Tree #4.
21. The foliage crown of Tree #4 shall be thinned every three to four years to
maintain sufficient open canopy that heavy wind sail does not further stress
the root cellar junction of the tree.
22. The corner of the foundation locations and the corners of proposed above-
ground decks should be staked out and inspected by the Director of Parks,
Forestry and Maintenance to assure compliance with the above conditions.
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.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town
of Los Gatos, California, held on the 15th day of July, 1991 by the following vote.
COUNCIL MEMBERS:
AYES: Randy Attaway, Steven Blanton, and Joanne Benjamin
NAYS: Brent N. Ventura
ABSENT: Eric D. Carlson
ABSTAIN: None
SIGNED:��^� ✓��
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
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