10 Staff Report - 16370 Lilac Lane
DATE: TO: FROM: COUNCIL AGENDA REPORT August 11, 2004 MAYORAND TOWN COUNClL ORRY P. KORB, TOWNATTORNEYl)ft/' MEETING DATE: 8/16/04 ITEM NO. 10 SUBJECT: ADOPT· RESOLUTION GRANTING AN
APPEAL OF A PLANNING COMMISSION DECISION DENYING A REQUEST TO CONSTRUCT A SECOND STORYADDITIONONPROPERTYZONEDR-1:8. APN: 523-13027. MINORRESIDENTIAL DEVELOPMENT APPLICATION: MR-04-25.
PROPERTY LOCATION: 16370 LILAC LANE. PROPERTY OWNER/APPLICANT/APPELLANT: DEBBIE AND WESLEY LEONG RECOMMENDATION: Adopt resolution confinning Council action on August 2,2004. DISCUSSION:
On August 2, 2004, Council granted the appeal of a decision of the Planning Commission concernillg the construction ofa second story addition on property located at 16370 Lilac Lane.
Attachments: Resolution Distribution: Wesley and Debbie Leong, 16370 Lilac Lane, Los Gatos, CA 95032 Wade Construction, 23930 Deerfield Road, Los Gatos, CA 95033 PREPARED BY: ORRY P.
KORB, TOWN ATTORNEY OPK:LMBlwp [N:\ATYlLi1ac-Lane.TCRwpd] Reviewed by: Rev: 8111 10:2 Reformatted: 7/19/99 Z6') Assistant Town Manager a.L Community Development Clerk File# 301-05
RESOLUTION .RESOLUTION GRANTING ANAPPEAL OF A PLANNING COMMISSION ": DECISION DENYING A REQUEST TO CONSTRUCT A SECOND STORY ADDITION ON PROPERTY ZONEDR-I:8. APN: 523-13-027 MINOR RESIDENTIAL
DEVELOPMENT APPLICATION: :MR-04-25. PROPERTY LOCATION: 16370 LILAC LANE. PROPERTY OWNERS/APPLICANTS/APPELLANTS: WESLEY AND DEBBIE LEONG WHEREAS: A. This matter came before Council for
public hearing on August 2, 2004, on an appeal by Wesley and DebbIe Leong (property owners/applicants/appellants) from a decision of the Planning Commission and was regularly noticed
in conformance with State and Town law. B. Council receivedtestimonyand documentaryevidence from the appellants 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 containedin the Council AgendaReport
dated July21,2004 and theDesk Item datedAugust2,2004, along with subsequent reports and materials prepared concerning this application. C. The appellants request approval to construct
a 138 square foot first floor addition and a 693 square foot second story addition to their single family residence. The proposed addition will increase the home to 2527 square feet.
D. The DevelopmentReview Committeeconsidered the application onMay11, 2004, deemed the application complete and forwarded it to the Planning Commission. After holding a public hearing,
the Planning Commission denied the application on May 26, 2004. The Commission determined that the compatibility ofthe proposed second story addition with the surrounding neighborhoodhinged
onwhether the surrounding neighborhood is determined to include nearbyproperties within the CountyofSanta Clara, .../1
a number ofwhich are developed with two story houses, or is limited to nearbyproperties within the Town, which are generally single story. The Commission viewed this as a policy issue
to be determined by CounciLE. The appellants disagree with the decision ofthe Planning Commission decision regarding the determination ofthe surrounding neighborhood. F. Council fmds
as follows: 1. Pursuant to Town Code section 29.20.300, this application raised issues under the Town's General Plan andResidential Development Standards and, consequently, required
interpretation ofa policy over which the Planning Commission did not have the discretion to modifY or address, but which is vested in the Council fO,r modification or decision; to wit,
whether the surrounding neighborhood includes nearby properties located outside the Town boundary. Council finds that nearby properties located outside the Town boundary should be considered
in determining whether a project is compatible with the surrounding neighborhood. 2. The project is categorically exempt pursuant to sectio:n 15301 ofthe State Environmental Guidelines
as adopted by the Town because the project is in an area fully served to allow maximum development under the Town's General Plan and the project area is a long standing residential neighborhood
that is not environmentally sensitive. 3. Pursuant to section 29.20.150, the considerations for approval of Architectural and Site applications have been made. The proposed second story
addition is well designed and consistent with the architectural style ofthe neighborhood and does not set a precedent ofthe neighborhoods future character. RESOLVED: 1. The appeal ofthe
decision ofthe Planning Commission onArchitecture and Site Application S-04-41 is therefore granted. 2
2. The conditions ofapproval as recommended to the Planning Commission onMay26,2004, set out as Attachment 4 to the Town Council StaffReport dated August 2,2004, are hereby adopted as
the conditions of approval ofthis application. 3. The decision constitutes a final administrative decision pursuant to Code ofCivil 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 relieffrom this decision must be sought within the time limits and pursuant to the establishedbyCode
ofCivil Procedure Section 1094.6, or such shorter tinie as required bystate or federal law. .. PASSED AND ADOPTED at a regular meeting ofthe Town Council ofthe Town ofLas Gatos, California
held on the COUNCIL MEMBERS: AYES: NAYS: .. '\ ABSENT: ABSTAIN: day of , 2004 by the following vote. ATTEST SIGNED: MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA i I ./CLERK OF
THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA N:IATY\Lilac-Lane.RES.wpd 3