2025-009 - Granting an Appeal and Approving a Request for Construction of a New Single Family Residence 45 Reservior RdRESOLUTION 2025-009
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 WITH REDUCED SIDE AND REAR YARD SETBACKS, SITE IMPROVEMENTS
REQUIRING A GRADING PERMIT, AND REMOVAL OF LARGE PROTECTED TREES
ON VACANT PROPERTYZONED R-1:20 AND REMANDING THE APPLICATION BACK TO
PLANNING COMMISSION WITH SPECIFIC DIRECTION
APN 529-33-054
ARCHITECTURE AND SITE APPLICATION: S-22-048
PROPERTY LOCATION: 45 RESERVOIR ROAD
APPELLANT: MARY). VIDOVICH
PROPERTY OWNER: FARNAZ AGAHIAN
APPLICANT: GARY KOHLSAAT, ARCHITECT
WHEREAS, on January 8, 2025, the Planning Commission held a public hearing and
considered a request to construct a new single-family residence with reduced side and rear yard
setbacks, site improvements requiring a grading permit, and removal of large protected trees on
vacant property zoned R-1:20. The Planning Commission approved the Architecture and Site
application subject to conditions of approval;
WHEREAS, on January 17, 2025, 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 with reduced side and rear yard setbacks, site improvements requiring a
grading permit, and removal of large protected trees on vacant property zoned R-1:20;
WHEREAS, this matter came before the Town Council for a public hearing on March 4,
2025, 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 March 4, 2025, 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 building footprint inconsideration of the least restrictive development
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Resolution 2025 009 March 18, 2025
area (LRDA); and
2. Reduce the volume/massing of the residence.
WHEREAS, the Mayor asked that the Planning Commission be provided with more
detailed information regarding the circumstances under which the denial of a requested
exception from Town standards will constitute a regulatory taking; and
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 29.20.295, the Town Council finds that:
1. The Planning Commission erred in approving the Architecture and Site application,
because the application does not comply with the objectives of the Hillside
Development Standards and Guidelines, specifically regarding constraints analysis
and site selection, selecting sites to minimize susceptibility to fire hazards, and
minimizing the bulk and mass of a building.
2. The appeal of the decision of the Planning Commission approval of a request for
construction of a new single-family residence with reduced side and rear yard
setbacks, site improvements requiring a grading permit, and removal of large
protected trees on vacant property zoned R-1:20 is granted and the application has
been remanded back to the Planning Commission with specific direction.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los
Gatos, California, held on the 181h day of March 2025, by the following vote:
COUNCIL MEMBERS:
AYES: Maria Ristow, Rob Rennie, Rob Moore, Mary Badame, Mayor Matthew Hudes
NAYS: None
ABSENT: None
ABSTAIN: None
ATTEST.
TOWN CL OF. -THEE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
SIGNED:
W, -,,e2_A4 12 -(,,
MAYOR OF THE N OF LOS GATOS
LOS GATOS, CALIFORNIA
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Resolution 2025-009 March 18, 2025