2001-128-Denying An Appeal Of A Decision From The Planning Commission Denying Construction Of A New Single Residence In The Hr-2 1/2 Zone. Architecture And Site Application: S-99-9 And Negative Declaration Nd-97-018 Property Location: 19 HighlaRESOLUTION 2001-128
RESOLUTION DENYING AN APPEAL OF A DECISION FROM THE PLANNING COMMISSION
DENYING CONSTRUCTION OF A NEW SINGLE FAMILY RESIDENCE IN THE HR-2 '/2 ZONE.
ARCHITECTURE AND SITE APPLICATION: 5-99-9 AN'D
NEGATIVE DECLARATION ND-97-018.
PROPERTY LOCATION: 19 HIGHLAND AVENUE.
PROPERTY OWNER: ANGELO ORPHAN.
APPLICANT/APPELLANT: MAURICE CAMA~RGO.
WHEREAS:
A, This matter came before Council for public hearing on November 5, 2001, on an appeal by Maurice
Camargo (applicant/appellant) from a decision ofthe Planning Commission and was regularly noticed in conformance
with'State and Town law.
B. Council received testimony and documentary evidence from the appellantand 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 contained in the Council Agenda Report.
dated October 30, 2001, along with subsequent reports aid materials prepared concerning this application.
C. The applicant is proposing to constructs new 4,252 square foot, two story residence and a 559 square
foot attached two car garage on a 1,.02 acre parcel zoned HR-2'/z. The total floor area for the structure including the
garage will be 4,811 square feet.
D. The Planning Commission heard the application on February 28, 2001 and requested revisions to the
design of the home. On May 22, 2001 and again on July 18, 2001, the applicant requested that the public meeting
be continued to a later date. On July 18, 2001, the applicant voluntarily waived the Permit Streamlining Act deadline
by 90 days. Tl1e Planning Commission heard and denied the application on September 12, 2001. T11e Commission
felt that the applicant .did not meet the majority of the direction.
E. Appellant claims that the Planning Commission erred or abused its discretion by denying a project
that staff sentto the Commission requesting feedback rather than final action, and thatthere is new informationthat
was not reasonably available at the time of the Commission's meeting.
F. The Planning Commission decision was correct. The appellant failed to provide sufficient.additional
new information to enable Councilto envision how this project would change on remand. For example, the appellant
failed to specify in any detail how the house would be redesigned. Rather, the appellant stated that a redesign would,
as in the past, merely modify the design as currently proposed. The project site is very sensitive in that the potential
building area is very limited. A significant redesign is necessary to ensure that the proposed project is compatible
with the hillside topography and vegetation, and that the structure is compatible with the neighboring. structures in
terms of mass and scale. The project would, therefore, be better served by a new application featuring an new design
proposal.
RESOLVED:
1. The appeal of the decision of the Plaiuiing Commission on Architecture and Site Application is
denied
2: '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.
PASSED AND ADOPTED at a regular meeting of the Town Council ofthe Town of Los Gatos, California,
on the 19t'' day of November, 2001 by the following vote.
COUNCIL MEMBERS:
AYES: Steven Blanton, Sandy Decker,. Steve Glickman, Joe Pirzynski,
Mayor Randy Attaway
NAYS: None
ABSENT: None
O
_..__.
ABSTAIN: None ~ _ ~
SIGNED:
MAYOR O THE TOWN LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST: ~`~
~G~2~iZZ,~~~J l
CLERK OF TIC TOWN OF LOS GATOS
LOS GATOS,. CA~,IFORNIA