2011-006-15928 Union Avenue, Parcel 2RESOLUTION 2011 -006
RESOLUTION DENYING AN APPEAL OF A PLANNING COMMISSION DECISION
DENYING A REQUEST TO CONSTRUCT A SINGLE - FAMILY RESIDENCE ON
PROPERTY ZONED R -1:8 AND REMANDING THE MATTER TO THE PLANNING
COMMISSION FOR FURTHER CONSIDERATION OF
ARCHITECTURE AND SITE APPLICATION S -09 -33
APN: 527 -42 -008
ARCHITECTURE AND SITE APPLICATION: S -09 -33
PROPERTY LOCATION: 15928 UNION AVENUE
PROPERTY OWNER: 217 O'CONNOR, LLC
APPLICANT /APPELLENT: TONY JEANS
WHEREAS:
A. This matter came before the Town Council for public hearing on January 31,
2011, 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 Planning Commission Report dated December 8, 2010, along
with subsequent reports and materials prepared concerning this application.
C. The applicant proposed to construct a new two -story single - family residence on
one of three approved lots on property zoned R -1:8. The property is currently vacant with an
approved residence for Parcel 3 and development of Parcel 1 to be considered in the future under
a separate application. Properties adjacent to the subdivided property are all developed with
single - family homes.
D. The Planning Commission considered the application on December 8, 2010, and
voted to deny the Architecture and Site application based on findings that the plans for the
proposed residence did not fully comply with the Town Council's direction, and that it was
unclear what properties should be included for purposes of comparing size, height and massing
of the proposed home relative to the neighborhood.
E. The applicant appealed the decision of the Planning Commission based on his
belief that the Planning Commission erred in its decision in finding that the proposed residence is
not consistent with the surrounding neighborhood and that the plans did not comply with the
Council's direction.
F. Council determined that the Planning Commission has the tools available to make
the determination on this Application and to consider the definition of neighborhood
compatibility and massing consistent with the Town General Plan and Residential Design
Guidelines.
RESOLVED;
1. The appeal of the decision of the Planning Commission on Architecture and Site
Application '5 -09 -33 is denied and the application remanded to Planning Commission for
consideration and action with the following direction:
a. Evaluate the application for neighborhood compatibility using the
applicable Residential Design Guidelines, and consider the Town Council discussion of
neighborhood from the meeting of January 31, 2011.
b. Ensure the application fulfills Council Resolution 2010 -087 direction
related to mass, height and setbacks.
2. The decision does not constitute a final administrative decision and the
application will be returned to Planning Commission for further determination.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos,
California on the 7th day of February, 2011, by the following vote.
COUNCIL MEMBERS:
AYES: Steven Leonardis, Steve Rice, Barbara Spector, Mayor Joe Pirzynski
NAYS:
ABSENT: Diane McNutt
ABSTAIN:
SIGNED:
MAYO F THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
E ADMINISTRATOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA