11 Desk Item - 16961 Placer Oaks RoadMEETING DATE: 01-16-2007
~pWN 0~ DESK ITEM l1
~osG,h COUNCIL AGENDA REPORT
DATE: JANUARY 5, 2007
TO: MAYOR AND TOWN COUNCIL
FROM: ORRY P. KORB, TOWN ATTORNEY&
SUBJECT: 16961 PLACER OAKS ROAD
A. ADOPT RESOLUTION GRANTING AN APPEAL OF A PLANNING
COMMISSION DECISION TO GRANT AN APPEAL DENYING A TWO LOT
SUBDIVISION (LOT LINE ADJUSTMENT) ON PROPERTY ZONED R-1:8.
SUBDIVISION APPLICATION M-06-01
B. ADOPT RESOLUTION GRANTING AN APPEAL OF A PLANNING
COMMISSION DECISION TO GRANT AN APPEAL DENYING
DEMOLITION OF A SINGLE FAMILY RESIDENCE AND CONSTRUCTION
OF TWO NEW RESIDENCES ON PROPERTY ZONED R-1:8;
ARCHITECTURE AND SITE APPLICATION: S-06-016 (LOT #1);
ARCHITECTURE AND SITE APPLICATION: S-06-017 (LOT 42).
The proposed resolution concerning the subdivision application for a lot line adjustment includes
a finding (improperly numbered G.i.) of General Plan consistency. The version attached to the
original staff report states in pertinent part: "The project, including the lot line adjustment, is
consistent with the Los Gatos General Plan That finding is too broad for purposes of this
resolution, which does not address the remainder of the project. Consequently, the finding is
amended in the revised version attached to this desk item removing the reference to the project.
The recitals have also been renumbered.
Attachment: Revised Resolution Granting an Appeal of a Planning Commission Decision to
Grant an Appeal Denying a Two Lot Subdivision (Lot Line Adjustment)
PREPARED BY: ORRY P. KORB, TOWN ATTORNEY OPK LMB%wp [N AATY~Report Placer oaks desk item-pd]
Reviewed by: //Town Manager Assistant Town Manager Clerk
t~1 Finance Community Development
Rev: 1/16/07 10:48 am
Reformatted: 7/19/99 File; 301-05
RESOLUTION
RESOLUTION GRANTING AN APPEAL OF A PLANNING COMMISSION DECISION TO
GRANT AN APPEAL DENYING A TWO LOT SUBDIVISION (LOT LINE ADJUSTMENT)
ON PROPERTY ZONED R-1:8
APN: 529-14-059
SUBDIVISION APPLICATION: M-06-01
PROPERTY LOCATION: 16961 PLACER OAKS ROAD
PROPERTY OWNER/APPELLANT: HOWELL & MCNEIL DEVELOPMENT LLC
WHEREAS:
A. This matter came before the Town Council for public hearing on December 18, 2006,
and was regularly noticed in conformance with State and Town law.
B. Council received testimony and documentary evidence from the appellant/applicant
and all interested persons who wished to testify or submit documents. 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 dated December 14, 2006, along
with subsequent reports and materials prepared concerning this application.
C. The applicant is requesting approval of a lot line adjustment between two parcels,
demolition of a single family residence and the construction of two single family residences. The
applicant proposes to construct a 3,185 square foot, one-story home on Lot 1 and a 3,165 square
foot, two-story home on Lot 2. Council's decision on the appeal of the Planning Commission
decision effectively denying Architecture and Site approval for the demolition of the existing house
and construction of two new houses is addressed in a separate resolution adopted concurrently
herewith (Resolution 2007-_J.
D. The applications were considered by the Planning Commission on May 10, 2006,
which continued the matter with the following directions:
i. House sizes should be in the 2,400 sq. ft. range.
ii. Look at using building materials that will allow the interior sound levels of
the houses to meet the noise standards of a multiple family dwelling unit to
reduce noise impacts.
iii. Consider 22'-0" overall height.
E. The applications were again considered by the Planning Commission on June 28,
2006, which remanded the applications to the Development Review Committee for final action
with the following directions:
i. The house on Lot l shall be one story.
ii. The height of the house on Lot 2 shall be reduced by 1.5 feet.
iii. The roof color on Lot 2 shall be darkened to ensure it is not a red clay tile
roof.
F. The applications were considered by the Development Review Committee on
September 26, 2006, which acted to approve the proposed plans based on the finding that the
applicant's revisions met the direction of the Planning Commission. This decision was appealed
by a neighboring resident.
G. An appeal of the Development Review Committee's decision was considered by
the Planning Commission on October 25, 2006, which acted to grant the appeal to deny the
applications. The Planning Commission based its decision on the finding that its intention from
the June 28, 2006 hearing was to reduce the square footage of both houses to the 2,200-2,400 sq
ft. range as well as reduce the height of the house on Lot 1 to one story. The requirement to
reduce the size of the homes was not in their motion.
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H. The applicant/appellant claims that the Planning Commission erred or abused its
discretion in that the houses are compatible with the neighborhood in terms of the proposed
square footages, number of stories, and the subject lots being among the larger lot sizes in the
neighborhood, which allows a larger floor area ratio (FAR).
1. The decision of the Planning Commission was incorrect and is hereby reversed.
J. Council finds as follows:
The lot line adjustment is consistent with the Los Gatos General Plan, as
evidenced by staff reports demonstrating that the proposed residential use is allowed under the
existing zoning and does not violate any provisions of the General Plan.
ii. Pursuant to Town Code section 29.20.300, the Planning Commission erred
in denying the application for the lot line adjustment without making the necessary findings.
RESOLVED:
1. The appeal of the decision to deny subdivision application M-06-01 is granted and
the application is approved subject to the conditions attached as Exhibit "A" hereto.
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.
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PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los
Gatos, California on the day of January 2007, by the following vote.
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK ADMINISTRATOR
TOWN OF LOS GATOS, CALIFORNIA