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Attachment 06 RESOLUTION 2018-___ RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DENYING AN APPEAL OF THE DECISION OF THE PLANNING COMMISSION APPROVING A REQUEST FOR EXTERIOR ALTERATIONS AND AN ADDITION TO A NON- CONTRIBUTING SINGLE-FAMILY RESIDENCE ON PROPERTY LOCATED IN THE ALMOND GROVE HISTORIC DISTRICT ZONED R1-D:LHP. APN 510-16-020 MINOR DEVELOPMENT IN AN HISTORIC DISTRICT APPLICATION: HS-18-018 PROPERTY LOCATION: 223 MASSOL AVENUE APPELLANT: TYLER ATKINSON, ESQ. APPLICANT/PROPERTY OWNER: VLADIMIR KANEVSKY WHEREAS, on April 25, 2018, the Historic Preservation Committee held a public hearing and considered a request for exterior alterations and an addition to a non-contributing single- family residence on property located in the Almond Grove Historic District zoned R1 -D:LHP. The Historic Preservation Committee approved the Minor Development in an Historic District application. WHEREAS, on May 7, 2018, Tyler Atkinson, Esquire, on behalf of James McManis and Sara Wigh, owners of the 216 Glen Ridge Avenue property, filed an appeal of the decision of the Historic Preservation Committee approving the request for exterior alterations and an addition to a non-contributing single-family residence on property located in the Almond Grove Historic District. WHEREAS, on June 13, 2018, the Planning Commission held a public hearing and considered a request for exterior alterations and an addition to a non -contributing single-family ATTACHMENT 6 Draft Resolution to be modified by Town Council deliberations and direction. residence on property located in the Almond Grove Historic District zoned R -1D:LHP. The Planning Commission denied the appeal, approving the Minor Development in an Historic District application. WHEREAS, on June 25, 2018, Tyler Atkinson, Esquire, on behalf of James McManis and Sara Wigh, owners of the 216 Glen Ridge Avenue property, filed an appeal of the decision of the Planning Commission approving the request for exterior alterations and an addition to a non- contributing single-family residence on property located in the Almond Grove Historic District. WHEREAS, this matter came before the Town Council for public hearing on August 7, 2018, and was regularly noticed in conformance with State and Town law. WHEREAS, the 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 Plann ing Commission proceedings and the packet of material contained in the Council Agenda Report for their meeting on August 7, 2018, along with any and all subsequent reports and materials prepared concerning this application. WHEREAS, the Town Council finds as follows: A. The Town Council could not make one or more of the following, in accordance with Town Code section 29.20.300: 1. Where there was error or abuse of discretion on the part of the Planning Commission; or 2. New information was submitted to the Council during the appeal process that was not readily and reasonably available for submission to the Commission; or 3. An issue or policy over which the Commission did not have discretion to modify or address, but which is vested in the Council for modification or decision. NOW, THEREFORE, BE IT RESOLVED: 1. The appeal of the decision of the Planning Commission approving a request for exterior alterations and an addition to a non -contributing single-family residence on property located in the Almond Grove Historic District zoned R-1D:LHP is denied and the application is approved. 2. The Town Council hereby adopts all findings, considerations and conditions of approval set forth in the documents attached as Exhibits A and B. 3. 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 7th day of August, 2018, by the following vote: COUNCIL MEMBERS: AYES: NAYS: 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 S:\COUNCIL REPORTS\2018\08-07-18\Appeal 223 Massol Avenue\Attachment 6 - Draft Resolution to deny the appeal and approve the project (HS-18-018, residence) (includes Exhibit A, Findings and Exhibit B, Conditions of Approval).docx EXHIBIT A TOWN COUNCIL – August 7, 2018 REQUIRED FINDINGS AND STANDARDS FOR REVIEW FOR: 223 MASSOL AVENUE Minor Residential Development in an Historic District Application HS-18-018 Consider an appeal of a Planning Commission decision approving a request for exterior alterations to a non-contributing single-family residence (HS-18-018) on property located in the Almond Grove Historic District zoned R1-D:LHP. APN 510-16-020. APPELLANT: Tyler Atkinson, Esq. PROPERTY OWNER/APPLICANT: Vladimir Kanevsky FINDINGS Required Finding for CEQA: ▪ The project is Categorically Exempt pursuant to the adopted Guidelines for the Implementation of the California Environmental Quality Act, Section 15301: Existing Facilities ; and Section 15331: Historical Resource Restoration/Rehabilitation. Required Compliance with the Residential Design Guidelines: ■ The project complies with the Residential Design Guidelines. STANDARDS FOR REVIEW As required by Section 29.80.290 of the Town Code for evaluation of applications for Minor Development in an Historic District: ■ In evaluating applications, the deciding body shall consider the architectural style, design, arrangement, texture, materials and color, and any oth er pertinent factors. Applications shall not be granted unless: 1. On landmark sites, the proposed work will neither adversely affect the exterior architectural characteristics or other features of the landmark (and, where specified in the designating ordina nce for a publicly owned landmark, its major interior architectural features) nor adversely affect the character of historical, architectural or aesthetic interest or value of the landmark and its site. This standard is not applicable as the property is not a designated landmark site. S:\COUNCIL REPORTS\2018\08-07-18 Commission Interviews and Closed Session\14 Appeal 223 Massol Avenue\Attachment 6 - Exhibit A.docx 2. In historic districts, the proposed work will neither adversely affect the exterior architectural characteristics or other features of the property which is the subject of the application, nor adversely affect its relations hip, in terms of harmony and appropriateness, with its surroundings, including neighboring structures, nor adversely affect the character, or the historical, architectural or aesthetic interest or value of the district. This Town Council finds that the application meets this standard. 3. For pre-1941 structures, the proposed work will neither adversely affect the exterior architectural characteristics or other features of the property which is the subject of the application. This Town Council finds that the application meets this standard. EXHIBIT B TOWN COUNCIL – August 7, 2018 CONDITIONS OF APPROVAL 223 MASSOL AVENUE Minor Residential Development in an Historic District Application HS-18-018 Consider an appeal of an Planning Commission decision approving a request for exterior alterations to a non-contributing single-family residence (HS-18-018) on property located in the Almond Grove Historic District zoned R1-D:LHP. APN 510- 16-020. APPELLANT: Tyler Atkinson, Esq. PROPERTY OWNER/APPLICANT: Vladimir Kanevsky TO THE SATISFACTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT: Planning Division 1. APPROVAL: This application shall be completed in accordance with all of the conditions of approval and in substantial compliance with the approved pl ans. Any changes or modifications to the approved plans and/or business operation shall be approved by the Community Development Director, DRC or the Planning Commission depending on the scope of the changes. 2. EXPIRATION: The approval will expire two years from the approval date pursuant to Section 29.20.320 of the Town Code, unless the approval has been vested. 3. DEMOLITION: This project must comply with the Town’s Demolition Ordinance. 4. DEMOLITION AFFIDAVIT: Prior to issuance of a building permit, a demolition affidavit must be submitted and signed by the property owner, project architect, project engineer and contractor. 5. OUTDOOR LIGHTING: Exterior lighting shall be kept to a minimum, and shall be down directed fixtures that will not reflect or encroach onto adjacent properties. No flood lights shall be used unless it can be demonstrated that they are needed for safety or security. 6. TREE REMOVAL PERMIT: A Tree Removal Permit shall be obtained for any trees to be removed, prior to the issuance of a building or grading permit. 7. EXISTING TREES: All existing trees shown on the plan and trees required to remain or to be planted are specific subjects of approval of this plan, and must remain on the site. 8. TREE FENCING: Protective tree fencing and other protection m easures shall be placed at the drip line of existing trees prior to issuance of demolition and building permits and shall remain through all phases of construction. Include a tree protection plan with the construction plans. 9. TREE STAKING: All newly planted trees shall be double-staked using rubber tree ties. 10. FRONT YARD LANDSCAPE: Prior to issuance of a Certificate of Occupancy the front yard must be landscaped. 11. WATER EFFICIENCY LANDSCAPE ORDINANCE: The final landscape plan shall meet the requirements of the Town of Los Gatos Water Conservation Ordinance or the State Water Efficient Landscape Ordinance, whichever is more restrictive. Submittal of a Landscape Documentation Package pursuant to WELO is required prior to issuance of a building permit. A review fee based on the current fee schedule adopted by the Town Council is required when working landscape and irrigation plans are submitted for review. A completed WELO Certificate of Completion is required prior to final inspection/certificate of occupancy. 12. STORY POLES: The story poles on the project site shall be removed within 30 days of approval of the Architecture & Site application. 13. TOWN INDEMNITY: Applicants are notified that Town Code Section 1.10.115 requires that any applicant who receives a permit or entitlement from the Town shall defend, indemnify, and hold harmless the Town and its officials in any action brought by a third party to overturn, set aside, or void the permit or entitlement. This requirement is a condition of approval of all such permits and entitlements whether or not expressly set forth in the approval, and may be secured to the satisfaction of the Town Attorney. 14. COMPLIANCE MEMORANDUM: A memorandum shall be prepared and submitted with the building plans detailing how the Conditions of Approval will be addressed. S:\COUNCIL REPORTS\2018\08-07-18\Appeal 223 Massol Avenue\Attachment 6 - Exhibit B.docx