2001-019-Denying A Request To Construct A New Single Family Residence In The Hr-1 Zone And Remanding The Application Architecture And Site Application: S-99~ RESOLUTION 2001-19 ~
.RESOLUTION OF THE TOWN OF LOS GATOS GRANTING AN APPEAL
OF THE DECISION OF 'THE
PLANNING COMMISSION DENYING A.REQUEST TO CONSTRUCT ANEW SINGLE
FAMILY RESIDENCE IN THE HR-1 ZONE AND REMANDING THE APPLICATION
ARCHITECTURE AND .SITE APPLICATION: 5-99-27
PROPERTY LOCATION; 15491 FRANCIS OAKS WAY
PROPERTY OWNER /APPLICANT: BACCHUS INVESTMENTS, LLC
APPELLANT; .ANDREW L. FABER, ESQ.
WIiEREAS:
A. This matter came before the Council for public hearing on February 5, .2001 on an appeal by
Andrew L. Faber, Esq., appellant, from a decision of the Planning Commission and was regularly noticed
in conformance with State and Town law.
B. Council received testimony and documentary evidence from the appellant and all interested
persons who wished to testify or submit documents. Council considered all testimony and materials
submitted, including the record of the Planning Commission proceedings and the packet of .material
contained in the Council Agenda Report dated January 30, 2001, addendum dated February 1, 2001, Deslc
Item dated February 5, 2001, along. with subsequnt reports and materials prepared concerning this
application.
C. T11e applicant is requesting .approval to build a .new two story single family residence on a
1.165 acre parcel zoned HR:1 with an average slope of 27.5%. The proposed house will be 4,143 square
feet that will include a 1,72$ square foot split main level and a 2,415 square foot lower level. Located below
the existing :grade and below the lower level is a 755 square foot cellar and a 768 square foot three car garage
and workshop area. The maximum height of the structure will be 21 feet. The parcel is not currently
developed with a structure that is visible in any way when viewed from the valley floor.
D. The Planning Commission first considered this application on May 10, 2000 and continued
the matter for redesign. On June 28, 2000 the Planning Commission reconsidered this application and
continued the matter to September 27, 2000.. On October 11, 2000 the Planning Commissionreconsidered
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the application and continue .pie matter. On November 16, 2000 th~ _ .arming Commission denied the
application because the proposed structure would project above a ridge line as defined in the General Plan
and would be visible from the valley floor. The Planning Commission believed thereto be additional design
options to minimize the visual impact of the proj ect.
E. The appeal is based on appellant's belief that the Planning Commission erred by
misinterpreting and/or misapplying Town policy and based its decision on a supposed regulation that is not
explicitly stated anywhere inthe Los Gatos General Plan or zoning code, that a house on this street must not
be at all visible .from any location in Los Gatos on the valley floor.
F. Council finds as follows:
L Thatthe proposed structure would project above a ridge line which is defined in the
Glossary of the General Plan as "A line connecting the highest points along a ridge and separating drainage
basins or small-scale drainage systems from one another."
2. That the General Plan contains numerous .goals and policies irtended to protect the
.natural beauty and ecological health of the Town's hillside areas, many of which address ridge line
protection. They include: L.P.8.1, preserving the Town's distinctive and unique environment by preserving
and maintaining the natural topography, L.L 8.11, requiring a review all house plans to avoid having structure
project above ridge `lines when seen from the valley floor, O.P.4.1, preserving the natural open space
character of prominent visible hillside lands, O.P.4.2, protecting the natural ridge lines as defined in the
Hillside Specific Plan, O.I.4.1, preserving ridge lines along scenic roadways, D.P.1.4, promoting and
protecting view sheds, and CD.P.2.1, prohibiting projections above ridge view protection lines.
3. That the Planning Commission was correct that there are additional design options
for minimizing the visual impact of the proposed structure, including, but not limited to, reducing the height
and/or mass and scale of the structure, relocating the structure on the parcel, or any combination of these
and/or other design options.
4. Thatthe applicantshould be allowedthe opportunity and encouraged to explore these
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and any other design options ~t."c would ensure that the view of the prop ,d structure from the valley floor
is reduced to the greatest possible extent.
4. That, pursuant to Town Code Section 29.20.300., the question of how the project
.should be considered with regard to the General Plan concern for ridge line protection is an issue or policy
over which the Commission did not have the discretion to modify or address, but which is vested in the
Council.
RESOLVED.:
The appeal of the decision of the Planning Commission on Architecture and Site Application 5-99-27
is granted and the application is remanded to the Planning Commission. The Planning Commission is
directed to consider revised plans submitted by the applicant that ensure that the view of the proposed
structure from the valley floor is reduced to the greatest possible extent by reducing the height and/or scale
and mass, of the structure, or relocating the structure on t11e parcel, or any combination of these design
options.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los `Gatos,
California held on the 20t'' day of February, 2001 by the following vote.
COUNCIL MEMBERS:
AYES: Randy Attaway, Steven Blanton, Sandy Decker, Steve Gloclcman,
Mayor Joe Pirzynski.
NAYS: None
ABSENT: None
ABSTAIN: None ~b-------
SIGNED:
AYOR HE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST
~/ ~~
CLERK OF'THE'TOWN OF L GATOS
LOS GATOS, CAL~IFOP.NIA
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