Attachment 12 - Appeal of PC DecisionFILING FEES
$361.00 (PLAPPEAL) Residential
$1,449.00 (PLAPPEAL), per
Commercial Multi-family or
Tentative Map Appeal
Town of Los Gatos RECEIVED
Office of the Town Clerk TOWN Oii' LOS GATOS
110 E. Main St., Los Gatos CA 95030 JUL 01 2016
APPEAL OF PLANNING COMMISSION QJWHSitlNRTMDT
TRANSCRIPTION $500 (PLTRANS) I, the undersigned , do hereby appeal a decision of the Planning Commission as
follows: (PLEASE TYPE OR PRINT NEATLY)
DATE OF PLANNlNG COMMISSION DECISION June 22 , 2016
PROJECT I APPLICATION NO: ASA S-12-1003
ADDRESS LOCATION: 339-341 Bella Vista Avenue
Pursuant to the Town Code, the Town Council may only grant an appeal ofa Planning Commission decision in most matters ifthe
Council finds that one of three (3) reasons exist for granting the appeal by a vote of at least three (3) Council members. Therefore,
please specify how one of those reasons exists in the appeal:
I. . The Planning Commission erred or abused it s discretion because See Attachment ___________ _
2. There is new information that was not reasonably available at the time of the Planning Commission decision , which is
_______________________ (please attach the new information if possible): OR
3. The Planning Commission did not have discretion to modify or address the following policy or issue that is vested in the Town
Council: See Attachment -------------------------------
IF MORE SPACE IS NEEDED, PLEASE ATTACH ADDITIONAL SHEETS.
IMPORTANT:
I. Appellant is responsible for fees for transcription of minutes. A $500.00 deposit is required at the time of filing.
2. Appeal must be filed within ten (I 0) calendar days of Planning Commission Decision accompanied by the required filing fee .
3.
4.
5.
6.
7.
Deadline is 5:00 p.m. on the IO 'h day following the decision. If the 1 O'h day is a Saturday, Sunday , or Town holiday, then it
may be filed on the workday immediately following the I o•h day, usually a Monday.
The Town Clerk will set the hearing within 56 days of the date of the Planning Commission Decision (Town Ordinance No.
1967) See Note on Attachment
An appeal regarding a Change of Zone application or a subdivision map only must be filed within the time limit specified in
the Zoning or Subdivision Code, as applicable, which is different from other appeals.
Once filed , the appeal will be heard by the Town Council.
If the reason for granting an appeal is the receipt of new information , the application will usually be returned to the Planning
Commission for reconsideration.
PRINT NAME: Dan Ross
July 1, 2016
SIGNATURE: __ :•_.~~""'---~--~-------
DATE: ADDRESS: 188 Villa Avenue, Los Gatos, CA 95030
PHONE: ( 408) 314-5626
***OFFICIAL USE ONLY***
DATE OF PUBLIC HEARING: CONFIRMATION LETTER SENT: Date:
Pending Planning Department Confirmation TO APPLICANT & APPELLANT BY:
DATE TO SEND PUBLICATION: ______ _ DATE OF PUBLICATION:
ATTACHMENT 12
ATTACHMENT
TO APPEAL OF PLANNING COMMISSION DECISION
Project I Application No .: ASA S-12-1003
Address Location : 339-341 Bella Vista Avenue
Finding 1. The Planning Commission was unwilling to apply the Town's cellar
provisions as defined in Town Code and uniformly applied by the Town previously,
finding that the proposed cellar, though screened from the neighboring townhouses and
necessary even if unoccupied to support the main level on this hillside, caused the
proposed home to exceed allowable bulk and mass , and square footage. The Planning
Commission thereby abused its discretion . Further, there was an irregularity in the
proceeding arising from Vice-Chair Kane's comments at the beginning of the hearing ,
which may have resulted in a failure to provide the Appellant substantive due process in
the hearing .
Finding 3 . Application of the Town Code is vested in the Town Council. The
Planning Commission was unwilling to apply the Town 's cellar provisions as defined in
Town Code and uniformly applied by the Town previously, finding that the proposed
cellar , though screened from the neighboring townhouses and necessary even if
unoccupied to support the main level of the home on this hillside, caused the proposed
home to exceed allowable bulk and mass, and square footage .
Note re Hearing Date: Due to the summer schedules of Appellant and his
consultants , Appellant requests that this appeal be set no sooner than the Town
Council 's August 16 meeting , 55 days after the Planning Commission decision being
appealed . Appellant understands that the Town Council's August 16 agenda may
already be lengthy, and is willing to waive the "hearing within 56 days" requirement of
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the Town Code and have the appeal hearing occur at one of the Town Council's
September meetings.
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Files\Content. Outlook\Q VTOB2ZX\Attachment to Appeal. docx