1991-160-Denying An Appeal Of A Decision Of The Planning Commission Granting Approval Of Plans To Replace Two Existing Redwood Water Storage Tanks With One New Steel Water Storage Tank On Property In HR-1 ZoneRESOLUTION 1991 -160
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
DENYING AN APPEAL OF A DECISION OF THE PLANNING COMMISSION
GRANTING APPROVAL OF PLANS TO REPLACE TWO EXISTING REDWOOD
WATER STORAGE TANKS WITH ONE NEW STEEL WATER STORAGE TANK ON
PROPERTY IN THE HR -1 ZONE, CONDITIONAL USE PERMIT APPLICATION U-
90-10 AND ARCHITECTURE AND SITE APPLICATION S -90 -76
(125 HILLTOP DRIVE /SAN JOSE WATER COMPANY)
WHEREAS:
A. William Kalsched, appellant, has appealed a decision of the Planning
Commission approving replacement of two existing redwood water storage tanks with one
new steel water storage tank on property located at 125 Hilltop Drive. (Conditional Use
Permit Application U -90 -10 and Architecture and Site Application S- 90 -76);
B. The Development Review Committee considered the application on May 17,
1991 and recommended that the Planning Commission approve the Conditional Use Permit
and Architecture and Site Application subject to conditions;
C. On May 22, 1991, the Planning Commission reconsidered and approved the
Conditional Use Permit and Architectural and Site Application subject to conditions; and
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 hereby makes the following findings pursuant to Zoning
Ordinance section 5.20.210 for the granting of a Conditional Use Permit as follows:
1. The proposed use of the property is essential or desirable to the public
convenience or welfare since it provides water to the community.
2. The proposed use will not impair the integrity and character of the zone since
two water tanks currently exist at the site and will be replaced with only one
tank.
3. The proposed use would not be detrimental to public health, safety or general
welfare since the tanks to be removed are in poor condition and need to be
replaced.
4. The proposed use of the property is in harmony with the various elements or
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objectives of the General Plan, Hillside Specific Plan, and the purposes of the
Zoning Ordinance since a public service of water is being provided to the
community.
C. Based on the foregoing findings, the Town Council grants the Conditional Use
Permit Application 90 -10 and Architecture and Site Application 5 -90 -76 subject to the
following conditions:
TO THE SATISFACTION OF THE PLANNING DIRECTOR:
1. All conditions of this application shall be provided on the cover sheet of the
building permit plans.
2. Color of water tank shall be the same color as the color of the tanks being
replaced or an alternate color satisfactory to the neighbors, Mr. and Mrs.
William Kalsched.
3. Fast growing vegetation shall be planted to maximize screening of the tank.
4. Demonstrate that the alignment of the access road provides maximum
planting of vegetation to screen the tank within reasonable economic
constraints.
TO THE SATISFACTION OF THE TOWN ENGINEER:
5. Final grading, drainage, retaining wall, driveway, utility and interim erosion
control plans shall be submitted to the Engineering Department.
6. 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, foundation trenches and pads, drilled piers, retaining walls, and
utility trenches. If final landscaping is not complete by September 1, interim
erosion control measures shown on the approved interim erosion control plan
will be required to be instituted by October 1 to April 15 period.
7. A Grading Permit will be required for the site grading and erosion control.
8. A five -year Tree Maintenance Agreement shall be entered into for the
protection of existing and newly planted trees.
TO THE SATISFACTION OF THE DIRECTOR OF PARKS, FORESTRY AND
MAINTENANCE:
9. Newly planted trees shall be double- staked, using rubber tree ties and shall
be planted prior to final sign off of building permit.
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10. The newly planted trees shall be retained for the life of the Conditional Use
Permit and shall meet all Zoning Ordinance requirements for trimming.
11. Fast growing vegetation shall be planted to maximize screening of the tank.
TO THE SATISFACTION OF THE DIRECTOR OF BUILDING SERVICES:
12. Horizontal and vertical controls shall be set and certified by a licensed
surveyor or a registered civil engineer for the following items:
a. Pad elevation
b. Finish floor elevation
C. Foundation corner locations
d. Retaining wall: top of wall elevations and location
e. Toe on top of cut and fill slopes
Site pad certification letter shall be available at foundation inspection.
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: Eric D. Carlson, Randy Attaway, and Steven Blanton
NAYS: Joanne Benjamin and Brent N. Ventura
ABSENT: None
ABSTAIN: None
SIGNED:���
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
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