2003-097-Planning Commission Denying A Request To Modify The Exterior Of A Commercial Building By Installing Unscreened Solar Panels On A Lot Zoned Lm. Apn: 529 -10 -092 Architecture And Site Application: S- 03 -41. Property Location: 605 University AveRESOLUTION 2003 - 97
RESOLUTION DENYING AN APPEAL OF A DECISION OF THE
PLANNING COMMISSION DENYING A REQUEST TO MODIFY THE EXTERIOR
OF A COMMERCIAL BUILDING BY INSTALLING UNSCREENED
SOLAR PANELS ON A LOT ZONED LM.
APN: 529 -10 -092.
ARCHITECTURE AND SITE APPLICATION: S- 03 -41.
PROPERTY LOCATION: 605 UNIVERSITY AVENUE.
PROPERTY OWNER: MATTIUZ CHILDREN'S TRUST, T. BLACKSTOCK TRUSTEE.
APPLICANT /APPELLANT: AKEENA SOLAR.
WHEREAS:
A. This matter came before Council for public hearing on August 4, 2003, on an appeal by
Akeena Solar (Applicant /Appellant) from a decision of the Planning Commission and was regularly
noticed in conformance with State and Town law.
B. Council received testimony and documentary evidence from the appellant 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 July 28, 2003 and the Desk Item dated August 4, 2003,
along with subsequent reports and materials prepared concerning this application.
C. The applicant is proposing to modify the exterior of an existing commercial building by
installing dark blue solar panels on the roof. The solar panels, as proposed, provide a mansard roof line
which creates an architectural feature along the south and east sides of the building and will increase the
height of the building by approximately 2 /z feet for a total building height of approximately 13 1 /z feet.
D. The Planning Commission considered the application on May 28, 2003 and denied the
application based on design impacts, architectural compatibility issues, and inconsistency with the General
Plan and Zoning Ordinance.
E. The appellant is appealing the Planning Commission decision because it believes that the
Commission erred or abused its discretion in that no consideration was given to the use of renewable
resources and that the architectural element would not mitigate the conditions on the building's existing
roof top.
F. Council finds that the decision of the Planning Commission decision was correct.
Testimony during the public hearing indicated an apparent misunderstanding of Town policies concerning
alternate energy sources, including solar. The Town strongly supports the use of energy conservation and
alternative energy technologies. This is reflected in the Town's General Plan, as well as in the Town's
various development policies. But these policies must be harmonized with the Town's practices and
policies intended to preserve its architectural quality, small town charm, and historic character. The
applicant here proposed to install 18 solar panels, all of which were approved by the Town. However,
three of the panels would be visible from the street, which was inconsistent with policies requiring the
screening of rooftop mechanical equipment located on commercial buildings. Evidence was presented at
the public hearing demonstrating that screening could be accomplished at minimum expense and without
compromising the function of the solar panels. The applicant, however, proposed the use of visible solar
panels as an architectural feature to screen other solar panels. Thus, because the applicant's proposal was
inconsistent with existing development policy, the Planning Commission's decision was correct.
Nevertheless, Council believes that Town development policies must evolve in the face of new
technologies, and has thus directed that staff examine these policies and advise Council on modifications
that might better accommodate emerging technologies without compromising the Town's development -
related values.
RESOLVED:
The decision of the Planning Commission denying Architecture and Site Application 5 -03 -41 is
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upheld.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos,
California held on the 18`" day of August, 2003 by the following vote.
COUNCIL MEMBERS:
AYES: Steve Glickman, Diane McNutt, Joe Pirzynski, Mike Wasserman,
Mayor Sandy Decker.
NAYS: None
ABSENT: None
ABSTAIN: None
SIGNED:
/ AYO OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST
CLERK OF THE TOF'N OF � S GA
LOS GATOS, CALIFORNIA
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