1999-177-Denying An Architecture And Site Application To Exceed The Allowed Far By Permitting An Existing Detached Structure To Remain On Property Zoned R-1:8RESOLUTION 1999 - 177
RESOLUTION GRANTING AN APPEAL OF A DECISION OF THE
PLANNING COMMISSION DENYING AN ARCHITECTURE AND .SITE
APPLICATION TO EXCEED THE ALLOWED FAR BY PERMITTING AN
EXISTING DETACHED STRUCTURE (WORKSHOP/STUDIO)
TO REMAIN ON PROPERTY ZONED R-L•8.
PROJECT APPLICATION: PRJ-99-083
PROPERTY LOCATION: 16761 LOIVIA STREET
PROPERTY OWNER: LIZ SILVA
APPLICANT /APPELLANT: PAT AND KIM DALLAS
WHEREAS:
A. This matter came before the Council for public hearing on November 1, 1999 , on an
appeal by the applicant/appellant, Pat and Kirn Dallas, from a decision of the Planning Commission
and. was regularly noticed in conformance with State and Town law.
B. The Council received testimony and documentary evidence from the appellant and
all interested persons who wished to testify or submit documents. The Council considered all
testimony and materials submitted, including the record of the Planing Commission proceedings and
the packet of material contained in the Council Agenda Report dated October 21, 1999, along with
subsequent reports and materials prepared concerning this .application.
C. In October 1998., the applicantapplied to demolish apre-1941 single family residence
to build a new residence. As part of that application, the existing detached workshop/garage in the
rear of the parcel was proposed to remain and counted in the overall FAR as garage space.. The
house was approved and demolished in June 1999.
D. Shortly after the demolition, a field inspection by a Town building inspector showed
that the workshop/garage structure had been converted to a living unit where the owners planned to
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live through the construction of the residence.. The applicant applied :for a CUP to allow the unit as
an accessory .living quarter. It was later determined that the detached worl~shop/garage was
originally counted as garage space in the overall FAR when it should have been counted as .living
space. Withthe new house and workshop/garage being counted as living space, the overall site FAR
for living space is exceeded.
E. An agreement was entered into between the Town and the applicant, allowing the
applicant to live in the worl~shop/garage during the course of the construction, but requiring them
to demolish the detached structure priorto final occupancy of the house. Applicant has changed the
application from a CUP for an accessory living quarter to a request to exceed the allowable FAR in
order to retain the structure to be used as a workshop/pool house.
F. The appellants are appealing the Planning Commission decision because they believe
that the Commission erred or abused its discretion and that the decision was unjust.
G. Council .finds pursuant to Town Code Section 29.20.300(b) that the Planning
Commission lacked the discretion to modify or address po icy which is vested in the Council for
modification or decision, to wit, the permission to exceed the allowable FAR for new .construction.
RESOLVED:
1. 'The appeal ofthe decision ofthe Planning Commission onProject Application PRJ-
99-083 is therefore .granted.
2. An additional condition of approval shall be added as item 4 to the conditions of
Approval as recommended to the. Planning Commission, a revised and complete copy is .attached
hereto and incorporated herein as Exhibit A, providing for the recording of a deed restriction
prohibiting the use of the workshop/garage as a rental unit.
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3. 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 or federal law.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los
Gatos, California held on the 22"d day of November, 1999 by the following vote.
COUNCIL MEMBERS.:
AYES.: .Randy Attaway, Jan Hutchins, Linda Lubeck, Joe Pirzynslci,
Mayor Steven Blanton.
NAYS: None
ABSENT: None
ABSTAIN: None
SIGNED:
MAYO OF THE TOWN`"OF .LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST
i
CLERK OF THE'1'OWN OF LOS TOS
LOS GATOS, c~ALIFORNIA
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EXHIBIT A
PLANNING COMMISSION MEETING SEPTEMBER 8, 1999
RECOMMENDED CONDITIONS OF APPROVAL FOR:
16761 Loma Street.
Project Application PRJ-99-083
Requesting approval of an Architecture and Site application to exceed the allowed
FAR by :permitting an existing detached structure (workshop/studio) to remain on
property zoned R-1:8.
PROPERTY OWNER: Liz Silva
APPLICANT: Pat and Kim Dallas
TO THE SATISFACTION OF THE PLANNING DIRECTOR:
(Planning Section)
EXPIRATION OF APPROVALS: Architecture and Site approval will expire two years from
the date of the approval (September 8; 2001) unless the approvals are used before expiration.
Section 29.20.335 defines what constitutes theuse of an approval granted under the Zoning
Ordinance. Any application for a one time 1-year extension, must be submitted to the
Planning Department at least 60 days prior to the date that the approval will expire, Any
application submitted will require the payment of additional fees and additional review by
the Planning Commission. Application for a time extension does .not guarantee the
applicant/property owner an .approval or additional vesting rights.
2. REMOVAL OF KITCHEN AND SHOWER: The kitchen and shower shall be removed and
the structure inspected prior to sign off of the final occupancy for the main house.
3. 220 POWER: The structure shall not have 220 wiring.
4. DEED RESTRICTION: Recording of a deed restriction withthe County Recorder of Santa
Clara County prohibiting the use of the worl~shop/garage as a rental unit.