1998-197 - Grant Appeal of PC Decision Denying a Request for a PD and Change the Zone at 330 University AveRESOLUTION 1998 - 197
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS GRANTING
AN APPEAL OF A PLANNING COMMISSION DECISION DENYING A REQUEST FOR
APPROVAL OF A PLANNED DEVELOPMENT APPLICATION TO CHANGE THE ZONE
FROM RM:5 -12 LHP TO RM:5 -12 PD LPH TO DEMOLISH AN EXISTING PRE -1941
SINGLE FAMILY RESIDENCE, REMODEL AN EXISTING SINGLE FAMILY
RESIDENCE, AND CONSTRUCT 30 RESIDENTIAL UNITS
DEVELOPMENT APPLICATION: DEV -97 -005
NEGATIVE DECLARATION APPLICATION: ND -97 -14
PROPERTY LOCATION: 330 UNIVERSITY AVENUE
PROPERTY OWNER: ESTATE OF ZONA MAE BOYER
APPLICANT /APPELLANT: BILL HIRSCHMAN / MAXIM INVESTMENTS
WHEREAS:
A. This matter came before the Council for public hearing on November 16, 1998, on an
appeal by the applicant from a decision of the Planning Commission and was regularly noticed in
conformance with State and Town law.
B. The Council received testimony and documentary evidence from the applicant and all
interested persons who wished to testify or submit documents. The 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 November 5, 1998, addendum report dated
November 12, 1998, and desk items dated November 16, 1998 concerning this application.
C. Development Review Committee considered the application on September 9, 1997
and December 23, 1997 and deemed the application complete. The Initial Study and Negative
Declaration were received May 28, 1998. The Development Review Committee forwarded the
matter to the Planning Commission and recommended approval subject to conditions.
D. On June 24, 1998 the Planning Commission first considered the application to
demolish an existing pre -1941 single family residence, remodel an existing single family residence and
construct 30 residential units. The Commission continued the matter with the direction that plans be
redesigned and the application address various issues. Plans were revised, the number of units
reduced to 19 market rate, and two BMP units. Planning Commission reviewed revised plans on
August 26, 1998 and denied the application due to traffic impacts, in the number of BMP units not
meeting Town needs and topography issues.
E. Appellant is appealing the Planning Commission's decision because they believe the
Planning Commission erred or abused its discretion and failed to consider the community benefit of
the project.
F. While the Planning Commission rightly encouraged the applicant to meet with
neighbors to resolve issues related to the project, the Council believes that additional contact(s),
including a special study session with the Commission, may enable the parties to reach consensus on
the project. The fact that only one such additional meeting was held and was not well attended by
the community and that additional such meetings were not required constitutes a technical error on
the part of the Commission for purposes of Town Code §29.20.300(b). New information was also
presented by the developer indicating his desire to work more closely with the Planning Commission
and community on designing a better project.
G. The project is remanded to the Planning Commission for further consideration.
RESOLVED:
The appeal of the decision of the Planning Commission on Development Application DEV -97-
005 and Negative Declaration ND -97 -14 is therefore granted and is remanded to the Planning
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Commission with the following direction:
Developer and neighbors to meet with Planning Commission to
resolve issues relating to density, ingress and egress, parking and
community benefit.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los
Gatos, California, held on the 7th day of December, 1998 by the following vote.
COUNCIL MEMBERS:
AYES: Randy Attaway, Joanne Benjamin, Steven Blanton, Linda Lubeck,
Mayor Jan Hutchins
NAYS: None
ABSENT: None
ABSTAIN: None
SIGNED:
CALIFORNIA
CLERK OF THE TOWN OF LOS GA S
LOS GATOS, CALIFORNIA
GATOS
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