2014-013 - Granting Appeal of PC Decision for 258 Union AveRESOLUTION 2014 -013
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
GRANTING AN APPEAL OF A PLANNING COMMISSION DECISION DENYING A
REQUEST TO CONSTRUCT EIGHT REISDENTIAL CONDOMINIUMS
ON PROPERTY ZONED C -1
AND REMANDING THE MATTER TO THE PLANNING COMMISSION FOR
FURTHER CONSIDERATION
APN: 527 -44 -012 AND 527 -44 -013
CONDITIONAL USE PERMIT APPLICATION: U -13 -012
SUBDIVISION APPLICATION M -13 -004
ARCHITECTURE AND SITE APPLICATIONS S -13 -020 THROUGH 5 -13 -027
PROPERTY LOCATION: 258 UNION AVENUE
PROPERTY OWNER: VALLEY ONE INVESTMENT, LLC
APPLICANT: CHRIS KUMMERER
APPELLANT: SHAWN WANG, VALLEY ONE INVESTMENT, LLC
WHEREAS, this matter came before the Town Council for public hearing on March 17,
2014, and was regularly noticed in conformance with State and Town law.
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 December 11, 2013 and Planning Commission Desk Item dated December 11,
2013, along with subsequent reports and materials prepared concerning this application.
WHEREAS, the applicant requested approval of a Conditional Use Permit, Tentative
Map and Architecture and Site applications to construct eight residential condominiums.
Surrounding properties on Union Avenue are developed with townhouses, an office building and
a shopping center, with single - family homes (located on Howes Court) abutting the rear of the
site.
WHEREAS, the Planning Commission considered the applications on December 11,
2013, and voted to deny the Conditional Use Permit and the Subdivision and Architecture and
Site applications, making required findings for denial.
WHEREAS, the applicant appealed the decision of the Planning Commission based on
his belief that the Planning Commission erred in its decision in its decision in determining that
detached condominiums are not appropriate, not accepting a condominium form of ownership
and not evaluating the benefit of the proposed development to the Town; and
WHEREAS, Council has determined that there is new information that the Planning
Commission did not have the benefit of reviewing when considering the applications and the
applicant is prepared to make plan changes to address neighbors' concerns.
NOW, THEREFORE, BE IT RESOLVED, that the appeal of the decision of the
Planning Commission on Conditional Use Permit U -13 -012, Subdivision Application M -13 -004,
and Architecture and Site Applications 5 -13 -020 through 5 -13 -027 is hereby granted, and the
applications are remanded to the Planning Commission for further consideration of the proposed
project pursuant to the Architecture and Site considerations, General Plan, Conditional Use
Permit criteria and Subdivision Map Act in terms of the site layout and number of units.
BE IT FURTHER RESOLVED, that 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 17th day of March, 2014, by the following vote.
COUNCIL MEMBERS:
AYES: Marcia Jensen, Joe Pirzynski, Diane McNutt, Barbara Spector, Mayor Steve Leonardis
NAYS:
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MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
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CLERK' ADMINISTRATOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA