1999-088-Appeal Of A Planning Commission Decision Denying An Architecture And Site Application To Demolish A Pre-1941 Residence And To Construct A New Commercial Building On Property Zoned CH And Remanding The ApplicationRESOLUTION 1999 - 88
RESOLUTION GRANTING AN APPEAL OF A PLANNING COMMISSION DECISION
DENYING AN ARCHITECTURE AND SITE APPLICATION TO DEMOLISH APRE-1941
RESIDENCE AND TO CONSTRUCT A NEW COMMERCIAL :BUILDING ON PROPERTY
ZONED CH .AND REMANDING THE APPLICATION
PROJECT APPLICATION: PRJ-98-129
:NEGATIVE DECLARATION: ND-98-021
PROPERTY LOCATION: 16185 LOS GATOS BOULEVARD
PROPERTY OWNER /APPLICANT./ APPELLANT: MICHAEL FARAH
WHEREAS:
A. This matter came before the Council for public hearing on June 7, 1999 , on an
appeal by Michael Farah .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
ail interested persons who wished to testify or submit documents. The 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 May 26, 1999, along with
subsequent reports and .materials prepared concerning this application.
C. The Historic Preservation Committee reviewed the proposed demolition on
September 2, 1998 and recommended approval. The Development Review Committee considered
the application on August 25, .1998 and September 15,1998 and deemed the application.incomplete.
Dn January 21, 1999, the application was deemed complete and the Planning Commission denied
the application on .April 14, 1999.
D. The appellant is appealing the Planning Commission decision because he believes
that the Commission erred or abused its discretion with reference to the design, height, scale and
elevations. The appellant feels that an opportunity to return to Development Review and redesign
the project was not permitted.
E. Council finds pursuant to Town Code Section 29.20:30.0 that the Planning.
Commission erred or abused its discretion and failed to provide the applicant.adequate opportunity
to redesign the project and show good faith in working with the community in producing a design
that is acceptable and meets the Los. Gatos Boulevard Plan.
F. The proj ect is remanded to the Planning Commission and Development Review for
further consideration.
RESOLVED.:
The appeal of the decision of the Planning Commission Project Application PRJ-98-129
is therefore granted and is remanded to the Planning Commission
PASSED AND ADOPTED at a regular meeting of the'Town Council ofthe Town of Los
Gatos, California,. held on the 21st day of June, 1999 by the following. vote.
COUNCiL MEMBERS:
AYES: Steven Blanton, Linda Lubeck, Joe Pirzynski, Mayor Jan Hutchins
NAYS: None
ABSENT: Ran
ABSTAIN: Nor
ATTEST:
.___ l ~_`\~ ._
y~~~~~
CLERIC Olti 'F;I~E
LOS GATOS, CALIFORNIA