2024-011 - Denying an Appeal of the Decision of the Planning Commission Approving a Request for Demolition of an Existing Single-Family Residence and Construction of a new Single-Family Residence with Reduced Setbacks at 212 Thurston StreetRESOLUTION 2024-011
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
DENYING AN APPEAL OF THE DECISION OF THE PLANNING COMMISSION APPROVING
A REQUEST FOR DEMOLITION OF AN EXISTING SINGLE-FAMILY RESIDENCE AND
CONSTRUCTION OF A NEW SINGLE-FAMILY RESIDENCE WITH REDUCED SETBACKS
ON A NON -CONFORMING PROPERTY ZONED R-1D.
APN 410-15-039
ARCHITECTURE AND SITE APPLICATION: S-23-009
PROPERTY LOCATION: 212 THURSTION STREET
APPELLANT: ERIC RAFIA
PROPERTY OWNER/APPLICANT: MELEAH GUILLARDO
WHEREAS, on December 13, 2024, the Architecture and Site application was scheduled
as an "other business" item for the Planning Commission meeting to open a public hearing and
allow for public comment on the matter. The Planning Commission continued the Architecture
and Site application to the Planning Commission meeting of January 10, 2024 for consideration;
WHEREAS, on January 10, 2024, the Planning Commission held a public hearing and
considered a request for demolition of an existing single-family residence and construction of a
new single-family residence with reduced front yard setbacks on nonconforming property zoned
R-1D. The Planning Commission approved the Architecture and Site application subject to
conditions of approval;
WHEREAS, on January 22, 2024, the appellant, an interested person, filed a timely appeal
of the decision of the Planning Commission approving the request for demolition of an existing
single-family residence and construction of a new single-family residence with reduced front yard
setbacks on nonconforming property zoned R-1D;
WHEREAS, this matter came before the Town Council for public hearing on March 5, 2024,
and was regularly noticed in conformance with State and Town law; and
WHEREAS, the Town Council received testimony and documentary evidence from the
appellant and all interested persons who wished to testify or submit documents. The Town
Council considered all testimony and materials submitted, including the record of the Planning
Commission proceedings and the packet of materials contained in the Council Agenda Report
1 of 3
Resolution 2024-011 March 5, 2024
for their meeting on March 5, 2024, along with any and all subsequent reports and materials
prepared concerning this application; and
WHEREAS, the Town Council was unable to make the findings required to grant an
appeal of a decision of the Planning Commission.
NOW, THEREFORE, BE IT RESOLVED:
In accordance with Town Code section 29.20.275, with the Town Council finds that:
1. There was not an error or abuse of discretion by the Planning Commission in
approving the architecture and site application, because:
a. The application comports with all Zoning Code requirements with the exception
of the front yard setback; and
b. Section 29.10.265 of the Town Code allows for the modification of any
requirement of the zone on nonconforming property, including setbacks, when
found to be compatible with the neighborhood. The Planning Commission found
that the proposed front yard setback was compatible with the neighborhood in
that other homes in the neighborhood have similar front yard setbacks. In
addition, the Planning Commission found that the proposed setback will increase
the front yard setback from the existing three feet, six inches to seven feet, three
inches.
2. The Planning Commission decision is supported by substantial evidence in the record.
3. The appeal of the decision of the Planning Commission approving a request for
demolition of an existing single-family residence and construction of a new single-
family residence with reduced front yard setbacks on nonconforming property zoned
R-1D is denied and the application approval is upheld.
4. The decision constitutes a final administrative decision pursuant to Code of Civil
Procedure section 1094.6 as adopted by section 1.10.085 of the Town Code of the
Town of Los Gatos. Any application for judicial relief from this decision must be sought
within the time limits and pursuant to the procedures established by Code of Civil
Procedure section 1094.6, or such shorter time as required by state and federal Law.
2 of 3
Resolution 2024-011 March 5, 2024
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los
Gatos, California, held on the 5th day of March 2024, by the following vote:
COUNCIL MEMBERS:
AYES: Maria Ristow, Rob Rennie, Rob Moore, Vice Mayor Hudes
NAYS: Mayor Mary Badame
ABSENT: None
ABSTAIN: None
SIGNED:
MAF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE: 03/ 0<0/202'1
ATTEST:
TOWN C RK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE: .3/6/ 4
3 of 3
Resolution 2024-011 March 5, 2024