2013-055 - Grant Appeal for CUP at 16268 LGBRESOLUTION 2013 -055
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
GRANTING AN APPEAL OF A PLANNING COMMISSION DECISION
APPROVING A REQUEST TO CONSTRUCT A NEW COMMERCIAL BUILDING
ON PROPERTY ZONED C -1
AND REMANDING THE MATTER TO THE PLANNING COMMISSION FOR
FURTHER CONSIDERATION
APN: 532 -06 -060
CONDITIONAL USE PERMIT: U -13 -020
ARCHITECTURE AND SITE APPLICATION 5 -13 -050
PROPERTY LOCATION: 16268 LOS GATOS BOULEVARD
PROPERTY OWNER: FOX CREEK FUND, LLC
APPLICANT: GARY KOHLSAAT, ARCHITECT
APPELLANT: MARSHALL SMITH
WHEREAS, this matter came before the Town Council for public hearing on December
11, 2013, and was regularly noticed in conformance with State and Town law; and
WHEREAS, Council received testimony and documentary evidence from the appellant,
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 Planning Commission
Report dated October 23, 2013, along with subsequent reports and materials prepared concerning
this application; and
WHEREAS, the applicant requested approval of a Conditional Use Permit and
Architecture and Site application to construct a new office building. Surrounding properties on
Los Gatos Boulevard are developed with a commercial building and single family residence
(north), church and ancillary facilities (south and east) and single - family homes and offices
(west); and
WHEREAS, the Planning Commission considered the applications on October 23,
2013, and voted to approve the Conditional Use Permit and Architecture and Site applications,
making required findings and subject to amended conditions of approval; and
WHEREAS, the appellant appealed the decision of the Planning Commission based on
his belief that the Planning Commission erred in its decision because the proposed building will
not be compatible with surrounding development, other commercial buildings have been
approved with parking in front of the building, and proposed commercial buildings would have
parking between the building and street; and
WHEREAS, Council has determined that there are policies in the Los Gatos Boulevard
Plan and Commercial Design Guidelines that the Council needed to provide direction on in
regards to the setback from Los Gatos Boulevard.
NOW, THEREFORE, BE IT RESOLVED, the appeal of the decision of the Planning
Commission on Conditional Use Permit U -13 -020 and Architecture and Site application 5 -13-
050 is hereby granted and the applications are remanded to the Planning Commission for further
consideration of an increased setback, possible reduction of the building size, and /or stepping
back the second floor from the first floor on the front elevation.
BE IT FURTHER RESOLVED, 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 of the Town of Los Gatos,
California, held on the 16th day of December, 2013, by the following vote.
COUNCIL MEMBERS:
AYES: Marcia Jensen, Joe Pirzynski, Barbara Spector and Mayor Steven Leonardis
NAYS: Diane McNutt
ABSENT:
ABSTAIN:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA