2002-147-Denying Appeal Of Planning Commission Approving Construction Of A Single Family Residence On 15679 Shady LaneRESOLUTION 2002-147
RESOLUTION DENYING AN APPEAL OF A DECISION OF THE PLANNING COMMISSION
APPROVING CONSTRUCTION OF A NEW SINGLE FAMILY RESIDENCE ON PROPERTY
.ZONED HR-2 %2
ARCHITECTURE AND SITE APPLICATION S-O1-70
PROPERTY LOCATION: 15679 SHADY LANE
PROPERTY OWNER: SHAWN HAILEY
APPLICANT: KIM HAILEY
APPELLANT: RAY DAMS
WHEREAS:
A. This matter came before Council for publichearing on September 3, 2002, on an appeal by
Ray Davis (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 August 23, 2002 and the Addendum dated August 29, 2002,
along with subsequent reports and materials prepared concerning this application.
C. On March 13, 2002, the Planning Commission .approved atwo-lot subdivision and separate
Architecture and Site applications for one single family residence to be located on each lot. This decision
was appealed on March 21, 2002. On May 6, 2002, Council remanded the .application to the Planning
Commission with direction that the Commission determine the feasibility of developing an alternate building
site. Counci'1 further .directed that the Commission approve the house consistent with the Commission's
prior approval should the alternative site prove to be infeasible. At its July 10, 2002 meeting, the Planning
Commission considered but rejected .alternative site plans, which, based on the testimony of the Town's
consulting arborist, would endanger the long term health of a grove of blue oak trees. Testimony also
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established that attempts to preserve the blue oak grove would. result in a prohibitively steep driveway.
Consequently, and consistent with Council's direction, the Commission re-approved the Architecture and
Site application consistent with its approval on March 13, 2002.
D. Appellant .claims that the Planning. Commission erred or abused its discretion because "the
public interest was lost and abused in a flood of misinformation and disinformation that was presented to
the Planning Commission so that they were unable to make an informed decision based on solid and
unequivocal evidence."
E. Council finds that the decision of the Planning Commission was correct. The findings of the
Commission are, by this reference incorporated herein.
F. The Conditions of Approval for this project (Attachment 3 to Town Council Report dated
August 23, 2002) shall be amended to include a condition providing that, if deemed feasible by the Director
of Community Development, a permaculture zone shall be established to provide aself-sustaining native
plant andbiological habitat in the appropriate location(s) on the subj ect parcel. The permaculture zone shall
be continuous with that established on :the .adjacent parcel in order to establish a greenbelt on the hillside.
The property owner shall enter into a maintenance agreement with the Town to ensure that the improvements
necessary to establish any required permaculture zone are installed and maintained in a manner and for a
period of time as necessary to ensure that any required self-sustaining native plant andbiological habitat is
established. The obligations contained in the maintenance agreement shall be secured to the satisfaction of
the Town Attorney. In adding this condition, Council notes that the property owner has offered to establish
a permaculture zone on the subj ect property .and that the owner of the neighboring property has or shall be
applying for approval to establish a permaculture zone thereon.
RESOLVED:.
1. The appeal of the decision of the Planning Commission on Architecture and Site Application
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5-01-70 is denied.
2. The Conditions of Approval, attached hereto as Exhibit A, which are amended pursuant to
this resolution, are 'hereby approved.
3. The decision constitutes a final administrative decision pursuant to Code ofCivil Procedure.
section 1094.6 as adopted by section 1.10:085 of theTown 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.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos,
California, on the 16`'' day of September, 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:
MAYOR O HB TO F LOS GATOS
LOS GATOS, CALIFO IA
ATTEST: ~~
CLERK OF TI-IB TOWN OF LOS GA OS
LOS GAT01, CAI_,IF'ORNIA
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