2008-056-Finding Regarding Approval Of A Request To Approve A Planned Development To Construct A New Residence Pool, Tennis Court And Accessory Structures On Property ZonedRESOLUTION 2008-056
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS MAKING
FINDINGS REGARDING APPROVAL OF A REQUEST TO APPROVE A PLANNED
DEVELOPMENT TO CONSTRUCT A NEW RESIDENCE, POOL, TENNIS COURT AND
ACCESSORY STRUCTURES ON PROPERTY ZONED HR-2 '/Z
APNS: 537-29-007 & 008
PLANNED DEVELOPMENT APPLICATION PD-06-03
NEGATIVE DECLARATION ND-07-04
PROPERTY LOCATION: KENNEDY ROAD AT FORRESTER ROAD
PROPERTY OWNER: ACORN TRUST
APPLICANT: ROB DESANTIS
WHEREAS;
A. This matter came before the Town Council for public hearings on February 5, 2007,
April 2, 2007, and May 5, 2008, and was regularly noticed in conformance with State and Town law.
B. Council received testimony and documentary evidence from the applicant 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 Reports, Addenda and Desk Items prepared for the
Council hearings on this application.
C. The applicant seeks approval for a Planned Development (PD) for a large hillside
property. The development includes a new residence with attached garage and guest quarters,
cabana, art studio, pool, tennis court, pavilion and entry .gatehouse. The total floor area of the house
is 8.,650 square feet and the attached garage is approximately 1,778 square feet. A 6,287 square foot
cellar is also proposed and is exempt from floor area calculations. The cellar element will be
completely below grade and will not appear as part of the above ground bulk and mass of the main
residence. The majority of the site (approximately 75%) will be maintained in a natural state through
a required open space and conservation easement.
D. The project i';, abject to the Town's Hillside Developr>3. .Standards & Guidelines
("HDS&G"), from which the applicant seeks the following four exceptions:
An exception to exceed the 25 foot maximum height restriction to allow a 25
foot long segment of the highest roof ridge, the highest portion of which would reach 30 feet, and
two projecting elements on the rear elevation, one reaching 26 feet 10 inches, and the other reaching
25 feet 10 inches;
2. An exception from the requirement that development occur within the Least
Restrictive Development Area ("LRDA") to allow portions of the tennis court, motor court, pool and
cabana, which extend onto slopes greater than 30%;
An exception to exceed the maximum allowable floor area of 6,000 square
feet; and
4. An exception to exceed the maximum cut depth for the driveway, house and
rear yard area, and the maximum fill depth for the tennis court lower fill area, the motor court and
the upper knoll.
E. The application was considered by the Planning Commission on September 13, 2006,
which recommended denial of the project
F. Council finds as follows:
The zone change is internally consistent with the General Plan and its
elements and the I-Iillside Specific Plan. The agenda reports for the Town Council and Planning
Commission hearings, the Initial Study and the proposed Mitigated Negative Declaration do not
identify any conflicts with the General Plan and its elements or the Hillside Specific Plan. In a
memorandum to Suzanne Davis dated May 2, 2008 (May 2, 2008 Addendum to Agenda Report,
Attachment 38), Geier & Geier Consulting, the Town's enviromnental consultant, state at pages 4
and 16 of the memorandum that Town Staff evaluated the project's consistency with these policies
and determined that the project is consistent with said policies. The adoption of the HDS&G
implements policies containL ~n the General Plan and Hillside Specifi 'lan. While the project
applicant seeks exceptions to four standards and guidelines of the HDS&G, such exceptions are
contemplated in the HDS&G and are permitted under certain circumstances. Such circumstances are
present in this application, including the environmentally sensitive design of the project, the layout
and design of the project in relation to the existing topography, the substantial lack of visibility of the
project from the valley floor (including the official "viewing platforms" designated in the HDS&G),
and the potential subdivision potential of the site.
2. Based upon substantial evidence in the record as a whole, the Initial Study
and the April 7, 2008 Proposed Mitigated Negative Declaration ("MND") are sufficient with regard
to the potential environmental impacts associated with the project. There is no substantial evidence
in the record supporting a fair argument that the project may have a significant unmitigated effect on
the environment. The May 2, 2008 Geier & Geier memorandum (Attachment 38) provides a detailed
response to public comments regarding the sufficiency of the environmental analysis, specifically
with regard to completeness of the Environmental Checklist, the Project Description in the Initial
Study., the Land Use Plam7ing analysis, aesthetics, biological resources, grading, hydrology, and
drainage, fire hazards and fire protection, transportation and traffic, air quality, cultural resources,
and cumulative impacts.
Pursuant to the HDS&G, Council incorporates by reference as though set out
in full herein, the findings for exceptions to the HDS&G regarding building height, development
outside the LRDA, exceeding the allowable floor area, and exceeding maximum allowable cuts and
fill depths contained on pages 3 and 4 of the Council Agenda Report dated April 29, 2008. Council
also notes in this regard the project justifications provided by the applicant (April 29, 2008 Council
Agenda Report, Attachment 30). The applicant has met his burden of proof to show compelling
reasons to grant the requested exceptions. The exceptions actually improve the project in relation to
the hillside environment. For example, one reason for additional cut and fill is to lower the house
into the hillside to reduce vi:,_~ility. The project, as approved, is desig_ a to be sensitive to the
hillside environment and is consistent with the overall purpose of hillside preservation embodied in
the HDS&G.
RESOLVED:
That this resolution be incorporated into the record of Council's determination of this
application as the statement of findings regarding the matters contained herein.
PASSED AND ADOPTED by the Town Council of the Town of Los Gatos, State of California,
on the 19th day of May, 2008 by the following vote:
COUNCIL MEMBERS:
AYES: Steve Glickman, Diane McNutt, Joe Pirzynslci
NAYS: Milce Wasserman, and Mayor Barbara Spector
ABSENT;
ABSTAIN: "`~~°•
SIGNED:
MAYOR t~ THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CL '~. OF THE TOWN OF LOS GATOS
LO TOS, CALIFORNIA