Attachment 15 - Draft Resolution to Grant Appeal and Remand Project to PCATTACHMENT 15
RESOLUTION 2016-___
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
GRANTING 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
AND REMANDING THE MATTER TO THE PLANNING COMMISSION FOR FURTHER
CONSIDERATION
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 Commission
proceedings were irregular, arising from Commissioner comments at the beginning of the
Draft Resolution to
be modified by Town
Council deliberations
and direction.
ATTACHMENT 10
hearing, which may have resulted in a failure to provide the appellant substantive due process;
and
WHEREAS, this matter came before the Town Council for public hearin g on December 6,
2016, and was regularly noticed in conformance with State and Town law; and
WHEREAS, Town Council received testimony and documentary evidence from the
appellant and all interested persons who wished to testify or submit documents. Town Co uncil
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. 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 denying a request to
construct a new single-family residence on property zoned R-1:8 is granted and the application
is remanded to Planning Commission for further consideration.
2. The decision does not constitute a final administrative decision and the
application will be returned to Planning Commission for further consideration.
ATTACHMENT 10
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:\SHARE\COUNCIL REPORTS\2016\12-06-16\03 Bella Vista Ave 341\Attachment 15 - Draft Resolution to Grant Appeal and Remand Project to PC.docx