11 Addendum - 15350 Suview Drive~pW N OF
tos os
DATE:
TO:
FROM:
SUBJECT:
DISCUSSION:
COUNCIL AGENDA REPORT
October 13, 2006
MEETING DATE: 10/16/06
ITEM NO.
ADDENDUM
MAYOR AND TOWN COUNCIL
DEBRA J. FIGONE, TOWN MANAGER
CONSIDER AN APPEAL OF A PLANNING COMMISSION DECISION TO
DENY A REQUEST FOR MODIFICATIONS TO AN APPROVED
ARCHITECTURE & SITE APPLICATION RELATED TO GRADING AND
LANDSCAPE IMPROVEMENTS ON PROPERTY ZONED HR-2'h.
PROPERTY LOCATION: 15350 SUVIEW DRIVE. FILE #S-06-66.
PROPERTY OWNER/APPLICANT & APPELLANT: CHARLES HACKETT,
Attachment 8 is a letter from Mr. Killian, the applicant's attorney, who is requesting a remand which
is an option for Council after holding a public hearing. Mr. Killian is also requesting a continuance
of the public hearing to November 20, 2006. Staff has informed Mr. Killian that November 20 is
not available. He would be satisfied with a continuance to a later date.
In addition, Page 6 of the development plans is attached as it was inadvertently left out of the
applicant's plans.
Attachments:
1-7. Previously received attached to staff report
8. Letter from Charles T. Killian (two pages), received October 12, 2006
BNL: SD
N:~DEV\SUZANNE\CounciARepons\Fwd. to TC\appealslSuvie v]5350-add.wpd
PREPARED BY: u . Lortz, Direc or of Community Development
N:1 DEVISUZANNE1Council,,RepottslFwd. to TC;appeats~Suvimt5350-add.wpd
Reviewed by: Assistant Town Manager Town Attorney Clerk Finance
Community Development Revised: 10/13/06 4:47 pm
Reformatted: 5/30/02
Law Offices of Charles T. Kilian
20410 Town Center Lane, Suite 210 • Cupertino, California 45014 • Telephone (408) 777-3403 / FAX (408) 777-3401
October 10, 2006
Honorable Mayor and Town Council
Town of Los Gatos
Civic Center
110 E. Main Street
P.O. Box 949
Los Gatos, CA 95030
OCT T 2 2000
T F LOS GATOS
C EPARTMENT
Re: Appeal of the denial of site and architecture
Application #S-06-66 by the Planning Commission
at its Meeting of September 13, 2006 (Owner- Charles Hackett),
Site Location: 15350 Suview Drive
Dear Honorable Mayor and City Councilmembers:
This office represents Charles Hackett regarding the above-described
appeal which has been currently scheduled for the council meeting of Monday,
October 16, 2006 at 7:00 p.m.
In this office's appeal letter (a copy of which is attached), I indicated that
due to technical difficulties, there was no tape recording of the Planning
Commission meeting; hence no detailed minutes were made available. I further
understood from the planning staff that minutes may be prepared based upon
individual statements to be prepared by individual planning commissioners
several days after the meeting. I was informed by planning staff that I would be
contacted regarding the availability of any detailed minutes and individual
planning commission statements. I have yet to be contacted by any member of
the planning staff regarding the availability of the record upon which my clients
appeal is based.
Mr. Hackett has informed me that at the Planning Commission meeting,
the commission simply denied in Coto all his requested approvals (consisting of 9
separate and unrelated approvals) without consideration regarding the merits of
each. Furthermore, none of Mr. Hackett's experts who were present were
allowed to speak.
I therefore request that the Town Council remand this matter to the
Planning Commission with direction to consider each approval item on its
individual merit, and to allow time for the presentation of expert testimony. This
ATTACMENT 8
Page 2
would allow the commission the ability to give careful consideration to each
request and would allow for the preparation of a complete record of the
proceedings.
If the council does not wish to remand the matter, then I respectfully
request a continuance of this appeal hearing to the council' meeting of November
20, 2006, or later, for the following reasons:
1) A continuance would allow our office time to review whatever
record the Planning Department is preparing;
2) A continuance would allow time for Mr. Hackett to prepare a
presentation to include expert testimony and detailed visual aids to enable the
council to make an informed decision;
3) A continuance would allow our office the opportunity to address
some, or all, of the complaining neighbor's (Mr. Alex Gorovitz) concerns. Note--I
have met with Mr. Gorovitz at the site and will be contacting him with my client's
suggestions regarding mitigation.
The reason for a continuance to November 20, or later, is that Mr. Hackett
will be out of the country on business during the first two weeks of November.
I will be present at the council meeting of October 16, 2006 to answer any
questions.
Sincerely,
Charles T. Kilian
CTK/djb
cc: Town Clerk
Orry Korb, Town Attorney
Mr. Charles Hackett
n! I
~I
I~
I
NACKETT RE511DF-NCE
FE~-,F, YPi<p A 2
Lob G-p ~ ua i
ku,C,. ZOOCn