Attachment 12 - Draft Resolution to deny appeal and deny the project
RESOLUTION 2017-___
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
DENYING AN APPEAL OF A DECISION OF THE PLANNING COMMISSION
DENYING A REQUEST TO DEMOLISH THREE EXISTING SINGLE-FAMILY
RESIDENCES, REMOVE A SECOND UNIT, REMOVE LARGE PROTECTED TREES,
AND MERGE FOUR LOTS FOR THE PURPOSES OF CONSTRUCTING A NEW
TWO-STORY OFFICE BUILDING WITH BELOW GRADE AND AT GRADE
PARKING ON PROPERTY ZONED O.
APN: 529-11-013, -038, -039, AND -040
ARCHITECTURE AND SITE APPLICATION: S-16-023
SUBDIVISION APPLICATION M-16-001
MITIGATED NEGATIVE DECLARATION ND-16-003
PROPERTY LOCATION: 15860-15894 WINCHESTER BOULEVARD
PROPERTY OWNER: SOUTH BEACH PARTNERS LLC AND CUMULUS
CAPITAL HOLDINGS LLC
APPLICANT/APPELLANT: DOUG RICH, VALLEY OAK PARTNERS
WHEREAS, on January 25, 2017, March 22, 2017, and April 26, 2017, the Planning
Commission held public hearings and considered a request to demolish three existing single-
family residences, remove a second unit, remove large protected trees, and merge four lots for
the purposes of constructing a new two-story office building with below grade and at grade
parking on property zoned O.
WHEREAS, on April 26, 2017, the Planning Commission denied the Architecture and Site
and Subdivision applications.
WHEREAS, on May 8, 2017, the applicant filed an appeal of the decision of the Planning
Commission denying a request to demolish three existing single-family residences, remove a
second unit, remove large protected trees, and merge four lots for the purposes of constructing
a new two-story office building with below grade and at grade parking.
ATTACHMENT 12
Draft Resolution to
be modified by Town
Council deliberations
and direction.
WHEREAS, this matter came before the Town Council for public hearing on October 17,
2017, and was regularly noticed in conformance with State and Town law.
WHEREAS, the Town Council received testimony and documentary evidence from the
appellants and all interested persons who wished to testify or submit documents. The 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 October 17, 2017, along with any and all subsequent reports and materials
prepared concerning this application.
WHEREAS, Council could not make one or more of the following findings, 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 denying a request to
demolish three existing single-family residences, remove a second unit, remove large protected
trees, and merge four lots for the purposes of constructing a new two -story office building with
below grade and at grade parking on property zoned O 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 17th day of October, 2017, 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
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