Item 2 - Staff Report.26 Alpine Ave - Time Extension
PREPARED BY: Jocelyn Shoopman
Associate Planner
Reviewed by: Planning Manager and Community Development Director
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6872
www.losgatosca.gov
TOWN OF LOS GATOS
PLANNING COMMISSION
REPORT
MEETING DATE: 11/13/2019 ITEM NO: 2
DATE: October 29, 2019
TO: Planning Commission
FROM: Joel Paulson, Community Development Director
SUBJECT: Architecture and Site Application S-19-042. Project Location: 26 Alpine
Avenue. Property Owner: DMJ Home Solutions LLC. Applicant: Tom Sloan.
Project Planner: Jocelyn Shoopman.
Requesting approval of a time extension of an Architecture and Site approval
for construction of a new single-family residence and removal of a large
protected tree on vacant property zoned R-1:20. APN 529-37-042.
RECOMMENDATION:
Approval, subject to the recommended Conditions of Approval.
PROJECT DATA:
General Plan Designation: Low Density Residential
Zoning Designation: R-1:20, Single-Family Residential, minimum lot size 20,000
square feet
Applicable Plans & Standards: Residential Design Guidelines and Hillside Development
Standards & Guidelines
Parcel Size: 20,000 square feet
Surrounding Area:
Existing Land Use General Plan Zoning
North Residential Medium Density Residential R-1D
South Residential Low Density Residential R-1:20
East Residential Low Density Residential R-1:20
East Residential Low Density Residential and
Medium Density Residential
R-1:8 and R-1D
PAGE 2 OF 4 SUBJECT: 26 Alpine Avenue/S-19-042 DATE: October 29, 2019
CEQA:
It was determined that this project will not have a significant impact on the environment and
the Town Council adopted a Mitigated Negative Declaration for the Architecture and Site
application on December 19, 2017.
FINDINGS:
As required by Section 29.20.325 of the Town Code for granting a time extension request.
ACTION:
The decision of the Planning Commission is final unless appealed within ten days.
BACKGROUND:
On December 19, 2017, the Town Council approved Architecture and Site application S-19-042,
for construction of a new single-family residence and removal of a large protected tree on
vacant property. The Architecture and Site application will expire two years from the approval
date unless the approval is vested.
PROJECT DESCRIPTION:
A. Location and Surrounding Neighborhood
The subject site is a vacant lot located on Alpine Avenue approximately 300 feet north of
East Main Street.
B. Project Summary
The applicant is requesting approval of a time extension of an Architecture and Site
approval for construction of a new single-family residence and removal of a large protected
tree on vacant property. The applicant is requesting the time extension due to the sale of
the property, and the impending wet season with regards to the grading involved with the
project. The letter of justification is included as Exhibit 4, and the development plans are
included as Exhibit 5. The applicant is not proposing any changes to the approved project.
C. Zoning Compliance
A single-family residence is permitted in the R-1:20 zone.
PAGE 3 OF 4 SUBJECT: 26 Alpine Avenue/S-19-042 DATE: October 29, 2019
DISCUSSION:
A. Time Extension
The purpose of requiring a time extension is to give the Town the ability to modify existing
conditions or impose additional conditions to address new facts that have come to light. If
there are new facts concerning the proposed project, conditions of approval can be added
or modified in order to grant a time extension.
On April 3, 2006, the Town Council determined that up to two-time extensions are
considered appropriate to allow projects to move forward. Time extensions are not
intended to provide an opportunity to completely revisit an application. They are intended
to provide an opportunity to evaluate if the facts that existed at the time of approval have
changed or if new conditions are warranted.
Town Code Section 29.20.325 allows the deciding body having jurisdiction to grant approval
of the original application, to approve reasonable time extensions not exceeding one-year
subject to the following findings:
(1) There would be no legal impediment to granting a new application for the same
approval.
(2) The conditions originally applied or new conditions to be applied as part of the
extension approval are adopted to any new facts concerning the proposed project.
The applicant is not proposing any changes to the previously approved project. The
Planning Division, Building Division, Parks and Public Works Engineering Division, and the
Santa Clara County Fire Department reviewed the time extension request. In regard to the
first finding, there would be no legal impediment to granting the extension, and the findings
made for the previous approval still stand. In regard to the second finding, conditions have
been modified to reflect the new expiration date and include current Public Works
Department requirements.
B. Environmental Review
It was determined that this project will not have a significant impact on the environment
and the Town Council adopted a Mitigated Negative Declaration for the Architecture and
Site application on December 19, 2017.
PUBLIC COMMENTS:
Written notice was sent to property owners and tenants within 300 feet of the subject
property.
PAGE 4 OF 4 SUBJECT: 26 Alpine Avenue/S-19-042 DATE: October 29, 2019
CONCLUSION:
A. Recommendation
As discussed above, there are no changes to the previously approved project. Therefore, staff
recommends approval of the time extension. If the Planning Commission finds merit with the
proposal, it should:
a. Make the required findings as required by Section 29.20.325 of the Town Code for
granting a time extension (Exhibit 2); and
b. Approve the time extension for Architecture and Site application S-19-042, with the
conditions contained in Exhibit 3.
B. Alternatives
Alternatively, the Commission can:
1. Continue the matter to a date certain with specific direction; or
2. Approve the application with additional and/or modified conditions of approval; or
3. Deny the application.
EXHIBITS:
1. Location map
2. Required findings (one page)
3. Recommended conditions of approval (14 pages)
4. Letter of justification, received October 18, 2019 (one page)
5. Development plans, received October 18, 2019