2000-095-Granting An Appeal And Remanding A Decision Of The Planning Commission Approving An Architecture And Site Application To Construct A New Single Family Residence On Property Zoned Hr- 2 1/2 Project Application: Prj-98-113 Property LocatioRESOLUTION 2000 - 95
RESOLUTION GRANTING AN APPEAL AND REMANDING A DECISION OF THE
PLANNING COMMISSION APPROVING AN ARCHITECTURE AND'.SITE APPLICATION
TO CONSTRUCT A NEW .SINGLE FAMILY RESIDENCE ON PROPERTY ZONED HR-21/2
PROJECT APPLICATION: PRJ-98-11.3
PROPERTY LOCATION: 15:500 FRANCIS OAKS. WAY
PROPERTY OWNER: PARKSIDE LIMITED
APPLICANT./.APPELLANT.: T.H.LS..DESIGN
WHEREAS:
A. This matter came before the Council for public .hearing on July 10, 2000, on an
appeal by T.H.LS. Design from a decision of the Planning Commission and was regularly noticed
in conformance with State and Town law.
B. The Council received testimony and documentary evidence .from the appellant and
all interested persons who wished to testify or submit. documents. The Council considered all
testimony and materials submitted, including the record of the Planning Commission proceedings
and the pacl~et of material contained in the Council Agenda Report dated June 28, 20.00 :and the
Desk .Item dated July 10, 2000, along with subsequent reports and materials prepared concerning
this application.
C. Applicant is requesting approval to build a new two story single family residence
on a 7.98 .acre parcel zoned HR-21/2. The proposed house is a 5,897 square foot single story
structure with a 539.5 square foot lower floor that creates a partial two story elevation at the
southwest corner that will not be visible from Francis Oafs Way. The proposed four car garage
is 1,09.5 square feet.
D. T.H.LS. Design is appealing the Planning Commission decision because they
believe that the Commission abused its discretion in approving the project subject to a condition
that would prohibit any future subdivison of the property. Further that the placement of this
condition arbitrarily changes the zoning of the parcel.
E. Council finds pursuant to Town Code section 29.20.300 that new information was
presented that was not available at the time of the Planning Commission hearing concerning the
legality of placing a condition prohibiting future subdivisions of the parcel. Council notes that its
action herein is only .intended to remove an inappropriate condition, not to approve or otherwise
express an opinion regarding future subdivision of the parcel.
F. Council further finds that the Planning Commission decision determining that the
project is categorically exempt pursuant to section 15303 of the State Environmental Guidelines
as adopted by the Town was correct.
RESOLVED:
The appeal of the decision of the Planning Commission on Project Application
PRJ-98-113 is, therefore, granted in that condition of approval No. 6 is hereby deleted in its
entirety, and the application is remanded to the Planning Commission pursuant to Town Code
section 29.20:30.0 to evaluate in light of the deletion of the condition prohibiting future
subdivision.
2. The Planning Commission decision determining that the project is categorically
exempt pursuant to section 15303 of the State Environmental Guidelines as adopted by the Town
was correct and is not affected by the decision to remand the application for the limited purpose
of review pursuant to Town Code section 29.20.300.
2
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los
Gatos, California held on the 17t" day of July, 2000 by the following vote.
COUNCIL MEMBERS:
AYES: Randy Attaway, Jan Hutchins, Linda Lubeck, Joe Przynski,
.Mayor :Steven Blanton.
NAYS: None
ABSENT: None
ABSTAIN.: None
G~~
SIGNED: '
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST
~~ s
CLERK OF THE TOWN OF S GATOS
LOS -GATOS, CALIFORNIA