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DATE:
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FROM:
MEETING DATE: 9/21/2009
ITEM NO: 1
DESK ITEM
COUNCIL AGENDA REPORT
SEPTEMBER 21, 2009
MAYOR AND TOWN COUNCIL
ORRY P. KORB, TOWN ATTORNEY
SUBJECT: ADOPT RESOLUTION APPROVING AN APPEAL OF A PLANNING
COMMISSION DECISION DENYING A REQUEST FOR A TWO LOT
SUBDIVISION ON PROPERTY ZONED IIR-2~/2. NO SIGNIFICANT
ENVIRONMENTAL IMPACTS HAVE BEEN IDENTIFIED AS A RESULT OF THIS
PROJECT AND A MITIGATED NEGATIVE DECLARATION IS RECOMMENDED.
APN 527-11-005, SUBDIVISION APPLICATION M-06-4, NEGATIVE
DECLARATION ND-06-4. PROPERTY LOCATION: 15500 FRANCIS OAKS WAY..
PROPERTY OWNER: MIKE AND ANN MOFFAT. APPLICANT/APPELLANT:
TONY JEANS
DISCUSSION:
Two relatively minor changes are recommended for the proposed resolution, both on page 2: the first, in
section G.ii. adds the term "alleged" regarding evidence concerning a riparian corridor; the second, in
section IT. substitutes the terns "adequacy" for the term "sufficiency" in order to avoid redundancy.
Attacl>inent: Amended resolution granting appeal of a decision of the Pla>uring Commission denying
an application for a two lot subdivision on property located at 15500 Francis Oaks Way
PREPARED BY: ORRY P. KORB
Town Attorney
OPK:pg
N:IATY\Resos & Ords\Reportsl9-21-09 Prands Oaks Desk ]tem.doc
Reviewed by: Assistant Town Manager n Attorney
Cleric Administrator Finance Community Development
RESOLUTION
RESOLUTION GRANTING AN APPEAL OF A DECISION OF THE PLANNING COMMISSION
DENYING AN APPLICATION FOR A TWO LOT SUBDIVISION ON PROPERTY ZONED HR-21/
AND REMANDING SAID APPLICATION TO THE PLANNING COMMISSION
APN: 527-11-005
SUBDIVISION APPLICATION: M-06-4
NEGATIVE DECLARATION: ND-06-4
PROPERTY LOCATION: 15500 FRANCIS OAKS WAY
PROPERTY OWNER: MIICE AND ANN MOFFAT
APPLICANT/APPELLANT: TONY JEANS
WHEREAS:
A. This matter came before the Town Council for public hearing on September 8, 2009, and was
regularly noticed in conformance with State and Town law.
B. Council received testimony and documentary evidence from the applicant/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 25, 2009, the Desk Item dated September 8, 2009, along with any
and all subsequent reports and materials prepared concerning this application.
C. The appeal concerns a decision of the Planning Commission denying an application for a
revised two lot subdivision on property zoned HR-2'/z. The subject 7.96 acre property is located on the south
side of Francis Oaks Way at the westerly terminus of the road. Francis Oaks Way is a private road that is not
maintained by the Town. There is an existing residence on the site that was approved by the Town Council in
2000. The application proposes lot sizes of 4.89 acres and 3.06 acres.
D. The application was considered and denied by the Planning Commission on
June 24, 2009. The applicant/appellant appealed the Commission's decision on June 30, 2009.
NAMGR\AdminWorkFi1es12009 Council Repotts\RESO 15500 Fiancis Oaks Way Appeaf(Jeans).doc
E. The applicant/appellant claims that the Planning Commission erred or abused its
discretion in finding that the proposed subdivision is not physically suitable for the use and density of the
proposed single family residential use and Town codes and ordinances; it ignored the direction of the
Town Council from the previous application on December 13, 2006.
F. The Planning Commission erred in denying the application. That decision should be
reversed and the application approved.
G. Council finds as follows:
I. Pursuant to Town Code Section 29.20.300(b) (1), Council reverses the decision of
the Planning Commission because there was error or abuse of discretion on the part of the Planning
Commission; to wit, evidence in the record does not support findings for denying an application governed
by the Subdivision Map Act, specifically that the site is not physically suitable to the type and density of
the proposed development. On the contrary, evidence in the record demonstrates that the proposed
subdivision would result in a development site that is relatively flat, thus eliminating the possibility of
extensive grading, and free of trees, thus eliminating the need to remove healthy trees, and would produce
a parcel similar in size to those existing in the surrounding area accessed by a relatively short driveway
connected to Shady Lane.
ii. A mitigated negative declaration is appropriate for this project. The only evidence
to the contrary concerned whether the project would either disrupt an alleged existing riparian corridor or
eliminate the possibility of restoring a riparian corridor. However, this evidence concerned the prior
condition of the site, which is now dry as a consequence of the installation of a storm drain inlet upstream
of the proposed home site.
H. Council notes that the Planning Commission decision did not rest on the question of
access, specifically a dispute regarding the intent of an access easement that provides access via Shady
Lane. The Commission was provided sufficient evidence and advice regarding the adequacy of the
easement for purposes of the Town determining the adequacy of access to the proposed site.
RESOLVED:
1. That the appeal of the decision of the Planning Commission denying Subdivision
Application M-06-4 is granted and the application is approved, subject to the conditions of approval
attached hereto as Exhibit "A' and by this reference fully incorporated herein. Said conditions of approval
shall require a scenic easement as articulated by staff during the hearing and also require that access to the
new parcel shall be taken only via Shady Lane.
2. That the Mitigated Negative Declaration is made for this project and the Mitigation
Monitoring Plan is approved and adopted.
3. 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 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 day of September 2009, by the following vote.
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK ADMINISTRATOR
TOWN OF LOS GATOS, CALIFORNIA