2002-077- Approving The Construction Of A New Single Family Residence On Property Zoned Hr-2 1/2. No Significant Environmental Impacts Have Been Identified As A Result Of This Project.RESOLUTION 2002 - 77
RESOLUTION GRANTING AN APPEAL OF A PLANNING COMMISSION
DECISION APPROVING THE CONSTRUCTION OF .ANEW SINGLE FAMILY RESIDENCE ON
PROPERTY ZONED HR-21/z . NO SIGNIFICANT ENVIRONMENTAL IMPACTS .HAVE BEEN
IDENTIFIED AS A .RESULT OF THIS PROJECT AND A NEGATIVE DECLARATION IS
RECOIVI~MENDED.
.ARCHITECTURE AND SITE APPLICATION: 5-01-70
PROPERTY LOCATION: 15679 SHADY LANE
PROPERTY OWNER./ APPLICANT: KIM HAILEY
APPELLANT: ANDY ESHKAR
WHEREAS:
A. This matter came before Council for public hearing on May 6, .2002 on an appeal by Andy
Eshkar (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 April 25, 2002., along with subsequent reports and materials
prepared concerning these applications.
C. The property is in an undeveloped 20.2 acre parcel located on the north side of Shady Lane
near its terminus. The applicant proposes to subdivide the 20.2 acre parcel into two parcels, and to construct
a new residence on each lot. The building site for Parcel 2, the subject of this appeal, is located along the
northern perimeter of the project site. The height of the proposed home is 25 feet. The Planning
Commission approved the applications for atwo-lot subdivision .and Architecture and .Site approval for
homes on Parcels 1 and 2 on March 13, 2002.
D. The stated .grounds for the appeal is that the Commission erred or abused its discretion and
that the decision was not based on evidence in the record.
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E. Council finds pursuantto Town Code section 29.20..300 thatthe Planning Commission erred
in approving the architecture and site application for Parcel 2 without first exploring alternatives for siting
the house in a manner that would be less visible from the valley floor.
RESOLVED:
1. The appeal ofthe decision of the Planning Commission approving the Architecture and Site
Application for Parcel 2 isgranted and the matter is remanded to the Planning Commission for reevaluation
and modification consistent with this resolution and Town development regulations, policies and guidelines.
There shall be no additional fees for the further review of this application.
2. The Planning Commission shall consider one or more site plans in evaluating the feasibility
of developing the proposed house on an alternate building pad location described bythe appellant inthe area
adj acent to the Blue Oalc grove. The site plan(s) shall depictthe proposed access, fire department turnaround
and grading quantities necessary for development of both the .house and its ..access. In addition, the
Commission shall evaluate an arborist's report that shall indicate the number of trees that must be removed
to accommodate construction of both the houseand its access, and also analyze the impact on the Blue Oalc
grove resulting from grading activities and drainage patterns. Architectural elevations shall :not be required
to facilitate the site evaluation.
3 . In evaluating alternatives for siting the proposed house and its access, the Commission should
be mindful that Council prefers the alternative site because it will not be as visible from the valley floor.
If, however, the alternative site isnotfeasble for the development of areasonable house and its access, the
primary home location proposedby the.applicant shall be approved consistent with the Commission's prior
action. Council shall .not dictate what constitutes a "feasible" development of the alternate site other than
to say that the mere ability to develop a house of any size shall .not be the sole determiner of feasibility.
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PASSED .AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos,
California held on the 20`" day of May, 2002 by the following vote.
COUNCIL MEMBERS:
AYES: Steven Blanton, Sandy Decker, Steve Gllcl~nan, Joe Pirzynaki,
.Mayor Randy Attaway
NAYS : None
ABSENT: None
ABSTAIN: None
SIGNED: ~'''
MAYOR OF TOWN OF OS GATOS
LOS GATOS, CALIFORNIA
ATTEST
CLERK OF TI-IE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
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