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06 Staff Report.15411 National with attachments PREPARED BY: Erin M. Walters Senior Planner __________________________________________________________________________________________ Reviewed by: Assistant Town Manager, Town Attorney, and Community Development Director 110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov TOWN OF LOS GATOS COUNCIL AGENDA REPORT MEETING DATE: 01/21/2025 ITEM NO: 6 DATE: January 16, 2025 TO: Mayor and Town Council FROM: Chris Constantin, Town Manager SUBJECT: Adopt a Resolution Granting an Appeal of a Planning Commission Decision to Approve an Architecture and Site Application for Construction of a Single- Family Residence and Site Improvements Requiring a Grading Permit on Vacant Property Zoned R-1:8 and Remanding the Decision to the Planning Commission with Specific Direction. Located at 15411 National Avenue. APN 424-12-140. Architecture and Site Application S-23-033. Categorically Exempt Pursuant to CEQA Guidelines Section 15303: New Construction. Property Owners: Vyankatesh and Ramya Muddada. Applicant: Jose Rama. Appellant: Hellen Martinez. Project Planner: Erin Walters. RECOMMENDATION: Adopt a resolution (Attachment 1) granting an appeal of a Planning Commission decision to approve an Architecture and Site Application for the construction of a single-family residence and site improvements requiring a grading permit on vacant property zoned R-1:8 and remanding the decision to the Planning Commission with specific direction. DISCUSSION: On December 17, 2024, the Town Council directed staff to prepare a resolution granting the appeal of a decision of the Planning Commission and remanding the application back to the Planning Commission with specific direction, including the following: 1. Reduce the second floor massing; 2. The number, location, and species of the privacy trees shall be mutually agreed upon by the neighbors; 3. Work with the neighbors and Town staff to minimize and relocate windows to mitigate privacy impacts on the neighbors; and 4. Use obscure glass to address privacy at impacted locations. PAGE 2 OF 2 SUBJECT: 15411 National Avenue/S-23-033 DATE: January 16, 2025 The Council made the findings in accordance with Town Code section 29.20.275, that there was an error or abuse of discretion by the Planning Commission in approving the Architecture and Site application, because: a. The Planning Commission’s decision was not supported by substantial evidence; b. The application does not comply with the Residential Design Guidelines, including Section 2.1 of the Residential Design Guidelines, which states residential development shall be similar in mass, bulk, and scale to the immediate neighborhood and consideration will be given to the existing FARs, residential square footages and lot size in the neighborhood, as described by Commissioner Barnett at the November 13, 2024, Planning Commission public hearing; and c. Staff’s recommended denial of the application. The Council directed staff to return to the Town Council with an updated resolution. Adoption of the attached resolution (Attachment 1) would finalize that decision. ENVIRONMENTAL ASSESSMENT: The project is Categorically Exempt pursuant to CEQA Guidelines Section 15303: New Construction. FISCAL IMPACT: None. Attachments: 1. Draft Resolution Granting the Appeal and Remand the Application Back to the Planning Commission with Specific Direction Page 1 of 3 Draft Resolution Adoption Date DRAFT RESOLUTION RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS GRANTING AN APPEAL OF THE DECISION OF THE PLANNING COMMISSION APPROVING A REQUEST FOR CONSTRUCTION OF A NEW SINGLE-FAMILY RESIDENCE AND SITE IMPROVEMENTS REQUIRING A GRADING PERMIT ON VACANT PROPERTY ZONED R-1:8 AND REMANDING THE APPLICATION BACK TO PLANNING COMMISSION WITH SPECIFIC DIRECTION APN 424-12-140 ARCHITECTURE AND SITE APPLICATION: S-23-033 PROPERTY LOCATION: 15411 NATIONAL AVENUE APPELLANT: HELLEN MARTINEZ PROPERTY OWNERS: VYANKATESH AND RAMYA MUDDADA APPLICANT: JOSE RAMA WHEREAS, on November 13, 2024, the Planning Commission held a public hearing and considered a request to construct a new single-family residence and site improvements requiring a grading permit on vacant property zoned R-1:8. The Planning Commission approved the Architecture and Site application subject to modified conditions of approval; WHEREAS, on November 25, 2024, the appellant, an interested person, filed a timely appeal of the decision of the Planning Commission approving the request for construction of a new single-family residence and site improvements requiring a grading permit on vacant property zoned R-1:8; WHEREAS, this matter came before the Town Council for a public hearing on December 17, 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 for their meeting on December 17, 2024, along with any and all subsequent reports and materials prepared concerning this application; and WHEREAS, the Town Council directed staff to prepare a resolution granting the appeal of a decision of the Planning Commission and remanding the application back to the Planning Commission with specific direction including the following: 1. Reduce the second floor massing; Draft Resolution to be modified by Town Council deliberations and direction. ATTACHMENT 1 Page 2 of 3 Draft Resolution Adoption Date 2. The number, location, and species of the privacy trees shall be mutually agreed upon by the neighbors; 3. Work with the neighbors and Town staff to minimize and relocate windows to mitigate privacy impacts on the neighbors; and 4. Use obscure glass to address privacy at impacted locations. WHEREAS, the Town Council directed staff to return to the Town Council with an updated resolution. NOW, THEREFORE, BE IT RESOLVED: In accordance with Town Code Section 29.20.275, the Town Council finds that: 1. There was an error or abuse of discretion by the Planning Commission in approving the Architecture and Site application, because: a. The Planning Commission’s decision was not supported by substantial evidence; b. The application does not comply with the Residential Design Guidelines, including Section 2.1 of the Residential Design Guidelines, which states residential development shall be similar in mass, bulk, and scale to the immediate neighborhood and consideration will be given to the existing FARs, residential square footages and lot size in the neighborhood, as described by Commissioner Barnett at the November 13, 2024, Planning Commission public hearing; and c. Staff’s recommended denial of the application. 2. The appeal of the decision of the Planning Commission approval of a request for construction of a new single-family residence and site improvements requiring a grading permit on vacant property zoned R-1:8 is granted and the application has been remanded back to the Planning Commission with specific direction. 3. 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. Page 3 of 3 Draft Resolution Adoption Date PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 21st day of January 2025, by the following vote: COUNCIL MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: SIGNED: _______________________________ MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: __________________________________ TOWN CLERK OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA This Page Intentionally Left Blank