2004-107- Granting An Appeal Of A Planning Commission Decision Denying A Request To Construct A Second Story Addition On Property Zoned R-18 Apn 523-13-027 Minor Residential Development Application Mr 03-25 Property Owners/Applicants Appellants WRESOLUTION 2004 -107
RESOLUTION GRANTING AN APPEAL OF A PLANNING COMMISSION
DECISION DENYING A REQUEST TO CONSTRUCT A SECOND STORY ADDITION ON
PROPERTY ZONED R-1:8, APN: 523-13-027
1VIINOR RESIDENTIAL DEVELOPMENT APPLICATION: MR-04-25.
PROPERTY LOCATION: 16370 LILAC LANE.
PROPERTY OWNERS/APPLICANTS/APPELLANTS: WESLEY AND DEBBIE LEONG
WHEREAS:
A. This matter came before Council for public hearing on August 2, 2004, on an appeal by
Wesley .and Debbie Leong (property owners/applicants/appellants) from a decision of the Planning
Commission and was regularly noticed in conformance with State and Town law.
B. Council recevedtestimony and documentary evidence from the appellants 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 July 21, 2004 and the Desk Item dated August 2, 2004,. along
with subsequent reports and materials prepared concerning this application.
C. The appellants request approval to construct a 13:8 square foot first floor addition and a 693
square foot second story addition to their single family residence.. The proposed addition will increase the
home to 2527 square feet.
D. The Development Review Committee considered the application on May 11, 2004, deemed
the application complete and forwarded it to the Planning Commission. After holding a public hearing, the
Planning Commission denied the .application on May 26, 2004.. The Commission determined that the
compatibility of the proposed second story addition with the surrounding neighborhood hinged on whether
the surrounding neighborhood is determined to include nearby properties within the County of Santa Clara,
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a number of which are developed with two story houses, or is limited to nearby properties within the Town,
which are generally single story. The Commission viewed this as a policy issue to be determined by
Council.
E. The appellants disagree with the decision of the Planning Commission decision regarding
the determination of the surrounding neighborhood.
F. Council finds as follows:
1, Pursuant to Town Code section 29.20.300, this application raised issues under the Town's
General Plan and Residential Development Standards and, consequently, required interpretation of a policy
over which the Planning Commission did not have. the discretion to modify or address, but which is vested
in the Council for modification or decision; to wit, whether the surrounding neighborhood includes nearby
properties located outside the Town boundary. Council finds that nearby properties located outside the
Town boundary hould be considered in determining whether a prof ect is .compatible with the surrounding
neighborhood.
2. The project is categorically exempt pursuant to section 15301 of the State Environmental
Guidelines as adopted by the Town because the project is in an area fully served to allow maximum
development under the Town's General Plan and the project .area is a long standing residential
neighborhood that is not environmentally sensitive.
3. Pursuant to section 29.20.150, the considerations for .approval of Architectural and Site
applications have been made. The proposed second story addition is well .designed and consistent with the
architectural style of the neighborhood and does not set a precedent of the neighborhoods future character.
RESOLVED:
1. The appeal of the decision of the Planning Commission on Architecture and Site Application
5-04-41 is therefore granted.
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2. The conditions of approval as recommended to the Planning Commission on May 26, 2004,
set out as Attachment 4 to the Town Council Staff Report dated August 2, 2004, are hereby.adopted as the
conditions of .approval of this application.
3. The decision constitutes afinal 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 16"' day of August, 2004 by the following vote.
COUNCIL MEMBERS:
AYES.: Sandy Decker, Diane McNutt, Joe Pirzynski, Mike Wasserman,
Mayor Steve Glickman.
NAYS.: None
ABSENT: None
ABSTAIN: None
SIGNED: i~=~~l ~ ~~ ~.
MAYOR OF'THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST
c:~~ ~_
CLERK OF THE TOWN OF LOS G S
LOS GATOS, CALIFORNIA
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