2002-163-Denying Appeal Of Planning Commission Denying A Grading Permit To Construct New Parking Spaces On 110 Wood RoadRESOLUTION 2002 - 163
RESOLUTION DENYING AN APPEAL OF A PLANNING COMMISSION
DECISION DENYING A GRADING PERMIT TO CONSTRUCT NEW PARKING
SPACES, RETAINING WALLS AND EMERGENCY ACCESS
ROAD IMPROVEMENTS ON PROPERTY ZONED RPD,
ARCHITECTURE AND SITE APPLICATION: 5-02-21
PROPERTY LOCATION: 110 WOOD ROAD
PROPERTY OWNER/APPLICANT: EPISCOPAL HOMES FOUNDATION
APPELLANT: ERIK SMITH
WHEREAS:
A. This matter came before Council for public hearing on October 7, 2002 , on an appeal by Erik
Smith (appellant) from a decision of the Planning Commission, and was regularly noticed in conformance
with 'State and Town law.
B. Council received testimony and documentary evidence from the appellant 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 .September 25, 2002 and the Addendum dated October 3,
2002, along with subsequent reports and materials prepared .concerning this application.
C. The applicant is requesting approval of plans to construct 19 parking spaces and one
motorcycle space along an existing emergency access road, and to improve the fire and emergency access
turnaround.
D. Development Review Committee ("DRC")denied the application on May28, 2002 since the
proposal was determined to be inconsistent with the existing Planned Development zoning. The applicant
appealed the decisionto the Planning Commission, which considered and denied the application on July 10,
2002, on grounds that the proposal was inconsistent with the Planned Development.
E. Appellant appealed the decision of the Planning Commission on grounds that the placement
of the proposed parking spaces and the improvement of the fire road does not violate the existing Planned
Development.
Page 1 of 2
2002-163
F. The Planning Commission decision was correct. Use of the emergency access road for
parking would be inconsistent with the existing Planned Development. Council encourages the applicant
to continue working with the Town in a cooperative manner, which would include an application to amend
the existing Planned Development.
.RESOLVED:
1. The appeal of the decision of the Planning Commission on Architecture and'Site Application
5-02-21 is denied.
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 shortertime as required by State and Federal
law.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos,
California, on the 14t'' day of October, 2002 by the following vote.
COUNCIL MEMBERS:
.AYES: Steven Blanton, Sandy Decker, Steve Glickman, Joe Pirzynski,
Mayor Randy Attaway.
NAYS.: None
ABSENT: None
ABSTAIN: None
SIGNED.: ~~~~III
MAYOR THE TO OF LOS GATOS
LOS GATOS, CALIFO NIA
ATTEST:
CLERK OF 'rHE TOWN OF LOS G TOS
LOS GATOS; :CALIFORNIA
Page 2 of 2