Attachment 14 - Draft Resolution to Deny Appeal and Project with Exhibit AATTACHMENT 14
RESOLUTION 2016-___
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
DENYING AN APPEAL OF THE DECISION OF THE PLANNING COMMISSION DENYING A
REQUEST TO CONSTRUCT A NEW SINGLE-FAMILY RESIDENCE
ON PROPERTY ZONED R-1:8
APN: 529-23-015 and -016
ARCHITECTURE AND SITE APPLICATION: S-12-103
SUBDIVISION APPLICATION: M-12-008
NEGATIVE DECLARATION: ND-16-001
PROPERTY LOCATION: 341 BELLA VISTA
PROPERTY OWNER/APPELLANT: JAKE PETERS AND DAN ROSS
WHEREAS, on April 13, 2016, the Planning Commission held a public hearing and
considered a request to construct a new single-family residence on property zoned R-1:8. The
Planning Commission continued the applications to their May 25, 2016 Planning Commission
meeting with direction; and
WHEREAS, on May 25, 2016, the Planning Commission held a public hearing and
considered a request to construct a new single-family residence on property zoned R-1:8. The
Planning Commission continued the applications to their June 22, 2016 Planning Commission
meeting with direction; and
WHEREAS, on June 22, 2016, the Planning Commission held a public hearing and
considered a request to construct a new single-family residence on property zoned R-1:8. The
Planning Commission denied the applications at the June 22, 2016 Planning Commission Public
Hearing; and
WHEREAS, the appellant has filed an appeal of the decision of the Planning Commission;
and
WHEREAS, the applicant appealed the decision of the Planning Commission based on
their belief that the Planning Commission erred or abused its discretion because the Planning
Commission did not apply the Town’s cellar policy consistently and the Planning Commissio n
proceedings were irregular, arising from Commissioner comments at the beginning of the
hearing, which may have resulted in a failure to provide the appellant substantive due process;
and
Draft Resolution to
be modified by Town
Council deliberations
and direction.
WHEREAS, this matter came before the Town Council for public heari ng on December 6,
2016, and was regularly noticed in conformance with State and Town law; and
WHEREAS, the Town Council received testimony and documentary evidence from the
appellant and all interested persons who wished to testify or submit documents. To wn 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 December 6, 2016, along with any and all subsequent reports and materials
prepared concerning these applications.
WHEREAS, Council finds as follows:
A. The 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 discr etion 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
construct 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 6th day of December, 2016, 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
N:\DEV\RESOS\2016\BellaVista341_DenyAppeal.docx
EXHIBIT A
TOWN COUNCIL – December 6, 2016
REQUIRED FINDINGS & CONSIDERATIONS FOR:
341 Bella Vista Avenue
Architecture and Site Application S-12-103
Subdivision Application M-12-008
Negative Declaration ND-16-001
Requesting approval to construct a single-family residence on property zoned R-1:8.
APNs 529-23-015 and 529-23-016.
PROPERTY OWNER: Jake Peters and Dan Ross
APPLICANT: Dan Ross
FINDINGS
Required Compliance with the Residential Design Guidelines:
■ The project does not comply with the Hillside Development Standards and Guidelines.
Required findings to deny a Subdivision application:
■ As required by Section 66474 of the State Subdivision Map Act the map shall be denied if
any of the following findings are made: One or more of the findings were made to deny the
application.
a. That the proposed map is not consistent with all elements of the General Plan.
b. That the design and improvement of the proposed subdivision is not consistent with all
elements of the General Plan.
c. That the site is not physically suitable for the proposed development.
d. That the site is not physically suitable for the proposed density of development.
e. That the designs of the subdivision or the proposed improvements are likely to cause
substantial environmental damage or substantially and avoidably injure fish or wildlife
or their habitat.
f. That the design of the subdivision or type of improvements is likely cause serious public
health problems.
g. That the design of the subdivision or the type of improvements will conflict with
easements, acquired by the public at large, for access through or use of, property within
the proposed subdivision.
CONSIDERATIONS
Required considerations in review of Architecture & Site applications:
■ As required by Section 29.20.150 of the Town Code, one or more of the considerations in
review of an Architecture and Site application were not able to be made in reviewing this
project.
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