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
DENYING A REQUEST FOR DEMOLITION OF AN
EXISTING SINGLE-FAMILY RESIDENCE AND CONSTRUCTION OF A
NEW SINGLE-FAMILY RESIDENCE ON PROPERTY ZONED R-1:8.
APN 523-25-009.
ARCHITECTURE AND SITE APPLICATION: S-18-002
PROPERTY LOCATION: 15921 ROCHIN TERRACE
APPELLANT: PATRICK HANCIR.
PROPERTY OWNERS: PATRICK HANCIR AND MONICA ZAUCHA.
APPLICANT: DAVIDE GIANNELLA, ACADIA ARCHITECTURE.
WHEREAS, on July 25, 2018, the Planning Commission held a public hearing and
considered a request for demolition of an existing single-family residence and construction of a
new single-family residence on property zoned R-1:8. The Planning Commission denied the
Architecture and Site application.
WHEREAS, on August 3, 2018, Patrick Hancir filed an appeal of the decision of the
Planning Commission denying the request for demolition of an existing single-family residence
and construction of a new single-family residence on property zoned R-1:8.
WHEREAS, this matter came before the Town Council for public hearing on September
4, 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 Planning
ATTACHMENT 6
Draft Resolution to
be modified by Town
Council deliberations
and direction.
Commission proceedings and the packet of material contained in the Council Agenda
Report for their meeting on September 4, 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 P lanning
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 denying a request for
demolition of an existing single-family residence and construction of a new single-family
residence on property zoned R-1:8 is denied.
2. 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 4th day of September, 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\9-4-18\07 15921 Rochin Terrace [Appeal]\Attachment 6 - Draft Resolution to deny the appeal and deny the project
(includes Exhibit A, Findings).docx
EXHIBIT A
TOWN COUNCIL – September 4, 2018
REQUIRED FINDINGS & CONSIDERATIONS FOR:
15921 Rochin Terrace
Architecture and Site Application S-18-002
Requesting approval for demolition of an existing single-family residence and
construction of a new single-family residence on a property zoned R-1:8.
APN 523-25-009.
PROPERTY OWNER: Patrick Hancir and Monica Zaucha
APPLICANT: Davide Giannella, Acadia Architecture
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 15303: New
Construction or Conversion of Small Structures.
Required finding for the demolition of a single-family residence:
■ As required by Section 29.10.09030(e) of the Town Code for the demolition of existing
structures:
1. The Town's housing stock will be maintained as the single-family residence will be
replaced.
2. The existing structures have no architectural or historical significance, and are in
poor condition.
3. The property owner does not desire to maintain the structures as they exist; and
4. The economic utility of the structures was not considered.
Required Compliance with the Residential Design Guidelines:
■ The project is in compliance with the Residential Design Guidelines for single -family homes
not in hillside residential areas.
CONSIDERATIONS
Required considerations in review of Architecture & Site applications:
■ As required by Section 29.20.150 of the Town Code, the considerations in review of an
Architecture and Site application were all made in reviewing this project.