1994-119-Deny A Request For Approval Of Plans To Construct A Single Family Residence On Property In The RC ZoneRESOLUTION 1994 - 119
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
LOS GATOS REPORTING DENIAL OF APPEAL OF
PLANNING COMMISSION DECISION TO DENY A REQUEST
FOR APPROVAL OF PLANS TO CONSTRUCT A SINGLE FAMILY
RESIDENCE ON PROPERTY IN THE RC (PREZONE) ZONE,
ARCHITECTURAL & SITE APPLICATION S- 88 -65A
(PROPERTY ADDRESS: 15299 TOP OF THE HILL/
PROPERTY OWNERS: DR. AND MRS. JAMSHIDI/
APPLICANT: CAMARGO & ASSOCIATES, ARCHITECTS)
WHEREAS:
A. This matter came before the Council on appeal by the applicants from a
decision of the Planning Commission and was regularly noticed in conformance with State
and Town law.
B. There were only 3 Councilmembers present for the hearing on this matter, and
the applicants were formally informed that the Town Code required the affirmative vote of
3 Councilmembers to reverse or modify a decision of the Planning Commission and were
told that they could request that the matter be continued to a time when more than 3
Councilmembers would be present. However, applicants told the Council that they wished
to proceed with the 3 Councilmembers present.
C. The Council then received testimony and documentary evidence from the
applicants 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 attached to the Council Agenda Report
dated 7/18/94 concerning this application.
D. Councilmember Blanton moved, Councilmember Lubeck seconded to grant
the appeal based on the following:
1. The property was a difficult site and applicants had made very effort to
meet the spirit of the Hillside Specific Plan and the complicated rules and
regulations governing use of the property;
2. While the proposed homesite was close to the ridgeline, it was not on the
ridgeline;
3. If the homesite were moved further down the slope, it might well be more
visible, particularly with regard to the driveway;
4. Adequate mitigation measures had been proposed to screen the homesite;
5. There was a good deal of natural screening of the homesite already in
existence;
6. Visits to the site and the area showed that the homesite was probably the
best location for the dwelling; and
7. The Planning Commission erred in not giving sufficient weight to 3 of the
4 site selection rules of the Hillside Specific Plan, particularly the limitation on
grading.
The motion would have returned the matter to the Development Review Committee for
imposition of appropriate conditions, in particular a deed restriction regarding the color of
the home and prohibiting installation of tennis court lights until the future after the site has
been developed and by separate application.
E. Councilmember O'Laughlin voted no on the motion for the following reasons:
1. The decision and findings of the majority of the Planning Commission were
correct and proper; and
2. The Hillside Specific Plan mandates that homes built in proximity to
ridgelines be as inconspicuous as possible. Neither the Council nor the Planning
Commission should have to choose between making a home visible to the Valley
floor or permitting extensive grading. The need for 8,000 square feet and larger
homes in the Hillside Area is doubtful.
K
RESOLVED:
1. The appeal of the decision of the Planning Commission on Architectural and
Site Application S- 88 -65A is denied for failure to gain 3 affirmative votes as required by
Town Code § 29.20.300.
This 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 or federal law.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town
of Los Gatos, California, held on the 1st day of August, 1994 by the following vote.
COUNCIL MEMBERS:
AYES: Steven Blanton, Linda Lubeck, Patrick O'Laughlin
NAYS: None
ABSENT: None
ABSTAIN: Joanne Benjamin, Mayor Randy Attaway
SIGNED:
MAYOR HE TOWN LOS GATOS
LOS GAT S, CALIFORN
ATTEST:
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
3