2009-130-132 Teresita WayRESOLUTION 2009-130
RESOLUTION GRANTING APPEAL AND REVERSING A DECISION OF THE
PLANNING COMMISSION DENYING A REQUEST TO DEMOLISH AN EXISTING
SINGLE FAMILY HOME, CONSTRUCT A NEW RESIDENCE WITH REDUCED
SETBACKS AND AN ABOVE GRADE POOL ON A SLOPE GREATER THAN 30%
ON PROPERTY ZONED HR-1, AND REMANDING THE APPLICATION TO THE
PLANNING COMMISSION
ARCHITECTURE AND SITE APPLICATION 5-09-017
APN: 532-40-023
PROPERTY LOCATION: 132 TERESITA WAY
PROPERTY OWNER/APPELLANT: DAVE AND HEATHER MAGETTI
WHEREAS:
A. This matter came before the Town Council for public hearing on December 7,
2009, and was regularly noticed in conformance with State and Town law.
B. Council received testimony and documentary evidence from the owner/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 contained in the Council Agenda Report dated November 25, 2009,
along with any and all subsequent reports and materials prepared concerning this application.
C. The appeal concerns a Plaiming Commission decision to deny Architecture and
Site application 5-09-017 to demolish an existing single family residence and construct a new
residence with reduced setback and above grade pool on a slope greater than 30 percent on
property zoned HR-1 notwithstanding the Town's Hillside Development Standards and
Guidelines ("HDSG"), which, among other things, prohibits pools constructed on slopes in excess
of 30 percent.
D. The owner/appellants made clear to Town staff that they would proceed with the
project only if they could gain approval of the swimming pool. In light of the conflicts between
the proposed project and the HDSG, Town staff processed the still incomplete application for a
hearing before the Planning Commission in order to save the applicant the time and expense of
completing the application which was likely to be denied based on the lack of compliance with the
HDSG.
E. On October 14, 2009, the Planning Commission voted unanimously to deny
the application on the basis that the owner/appellants did not provide compelling evidence to
obtain exceptions from the HDSG.
F. On October 21, 2009, the owner/appellants filed an appeal of the Planning
Commission's decision, claiming that the Planning Commission erred or abused its discretion.
The owner/applicants allege that the staff misled them and the Planning Commission in regards to
the Commission's discretion with acting on the project. The owner/applicants stated that they and
the Commission were led to believe that the Commission's only authority in this case was to deny
the project when conversely they could have approved it through granting exceptions to the
HDSG. Therefore, based on their understanding that the Planning Commission did not have the
discretion to grant exceptions to the HDSG, they were not fully prepared to defend their project
and request for exceptions to the guidelines.
G. Notwithstanding the owner/applicants understanding of the events, during the
hearing, planning staff and the Town Attorney stated that the Planning Commission could make
an exception to the requirements and prohibitions in the HDSG, including the prohibition against
construction of a pool on a slope in excess of 30 percent, if there was sufficient justification.
H. The decision of the Planning Commission is hereby reversed and the application is
remanded to the Planning Commission.
I. Council finds as follows:
1. Pursuant to Town Code section 29.20.300, that significant new information
was provided subsequent to Planning Commission review and action that warrants remanding this
matter back to the Planning Commission; to wit: (i) the owner/appellants' willingness to alter the
plans for the proposed residence to avoid being classified as a demolition and to modify the
proposed setbacks in order to comply with the requirements of the Town Code, or to take such
other steps as are required to ensure that the setbacks of the proposed residence are consistent with
the requirements of the Town Code; and (ii) The owner/appellants' willingness to consider
alternative pool structures.to avoid or minimize conflicts with the HDGS.
2. A complete application is necessary in order to fully evaluate all aspects of
the proposed project and the applicability of Town ordinances, standards and guidelines.
RESOLVED:
The Planning Commission's decision denying Architecture and Site Application 5-09-017
is reversed and the application is remanded to the Planning Commission for further consideration
subject to the following direction:
A. Only a completed application with all required studies and information will be
scheduled and noticed for Planning Commission consideration. Staff and/or
Planning Commission recommendation for or against approval of the application
will be based upon the facts of the completed application and relevant ordinances,
standards and guidelines.
B. No policy direction or determination has been made as to the owner/appellants'
request for a pool related to the 30 percent slope standard of the HDSG. If the
owner/appellants propose such a pool, they bear the burden of proof to provide in
writing the compelling reasons for an exemption from the HDSG, subject to
subsequent staff and Planning Commission evaluation.
C. The completed application must fully present the cut and fill required for the
project for evaluation and recommendation by staff and the Planning Commission,
including consideration of an alternative pier system or other structures for the
pool, if pursued by the owner/appellants.
D. The requested project shall avoid falling under the Town Code definition of a
"demolition."
E. The completed application should avoid variances or other changes to the required
setback and encroachment standards for this designated nonconforming lot.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los
Gatos, California on the day of December 2009, by the following vote.
COUNCIL MEMBERS:
AYES
NAYS:
ABSENT:
ABSTAIN: ~ l ~~ ~ L/VG~
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTE T:
,~
CLERI MINISTRATOR
TOWN~Q. LOS GATOS, CALIFORNIA
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