2015-046 - Resolution granting appeal 258 Uinion Avenue (APN: 527-44-012 and 527-44-013)RESOLUTION 2015 -046
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
GRANTING AN APPEAL OF THE DECISION OF THE PLANNING COMMISSION
APPROVING A REQUEST TO CONSTRUCT EIGHT RESIDENTIAL
CONDOMINIUMS ON PROPERTY ZONED Cl AND REMANDING THE MATTER
TO THE PLANNING COMMISSION FOR FURTHER CONSIDERATION
APN: 527 -44 -012 AND 52744 -013
CONDITIONAL USE PERMIT APPLICATION: U -13 -012
SUBDIVISION APPLICATION M -13 -004
ARCHITECTURE AND SITE APPLICATIONS 5 -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, the applicant requested approval of a Conditional Use Permit, Tentative
Map and Architecture and Site applications to construct eight residential condominiums.
WHEREAS, the Planning Commission previously considered the applications on
December 11, 2013 and voted to deny the Conditional Use Permit, Subdivision, and Architecture
and Site applications based on concerns about the proposed development intensity, the proposal
for detached condominium units, and the impact on the single - family homes located behind the
project site.
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
WHERAS, on March 17, 2014 the Town Council considered the appeal of the CUP,
Subdivision, and Architecture and Site applications. Following the public hearing and Council
discussion the Council adopted Resolution 2014 -013 granting the appeal and remanding the
applications back 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.
WHEREAS, on June 11, 2014 the applicant submitted a revised application package for
the proposed project.
WHEREAS, on January 28, 2015 the Planning Commission held a public hearing and
considered the revised application package for the proposed project. The Planning Commission
continued the applications to February 25, 2015 with the following direction:
• To study the shade and shadow impacts to the neighbors, and return with potential
solutions, as needed, to address these impacts such as removing or modifying the second
stories.
WHEREAS, on February 25, 2015 the Planning Commission held a public hearing and
considered revised application package for the proposed project. The Planning Commission
approved the applications with a condition requiring rear Units 6, 7 and 8 be revised to be single-
story, not two - story.
WHEREAS, on March 23, 2015 Lee Quintana filed an appeal of the decision of the
Planning Commission approving the request to construct eight residential condominiums.
WHEREAS, this matter came before the Town Council for public hearing on June 2,
2015, and was regularly noticed in conformance with State and Town law.
WHEREAS, Town Council received testimony and documentary evidence from the
appellant and all interested persons who wished to testify or submit documents. Town 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 for
their meeting on June 2, 2015, along with any and all subsequent reports and materials prepared
concerning this application.
WHEREAS, Council has determined that there was error on the part of the Planning
Commission because they did not apply the Conditional Use Permit and Architecture and Site
criteria appropriately for this site.
NOW, THEREFORE, BE IT RESOLVED:
1. The appeal of the decision of the Planning Commission approving a request to
construct eight residential condominiums is granted and the applications are remanded to the
Planning Commission for further consideration with direction to reduce the number of units,
reduce the mass of the units, reduce the height of the units along the backside, and to take into
consideration in making those changes the requests or testimony of the neighboring lots.
2. The decision does not constitute a final administrative decision and the
application will be returned to Planning Commission for further consideration.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of
Los Gatos, California, held on the 16'' day of June, 2015, by the following vote:
COUNCIL MEMBERS:
AYES: Steve Leonardis, Rob Rennie, Barbara Spector, Mayor Marcia Jensen
NAYS: Marico Sayoc
ABSENT:
ABSTAIN:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
ADMINISTRATOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA