05 Staff Report - 25 Alpine Avenue1pWfl 0
COUNCIL AGENDA REPORT
DATE: October 12, 2009
TO: MAYOR AND TOWN COUNCIL,
FROM: ORRY P. KORB, TOWN ATTORNEYO~
MEETING DATE: 10-19-2009
AGENDA ITEM:
SUBJECT: ADOPT RESOLUTION GRANTING AN APPEAL OF A DECISION OF THE
PLANNING COMMISSION DENYING AN APPLICATION FOR
CONSTRUCTION OF A NEW SINGLE FAMILY RESIDENCE ZONED R-120.
APN: 529-37-042 AND REMANDING APPLICATION TO THE PLANNING
COMMISSION: ARCHITECTURE APPLICATION: S-04-64. NEGATIVE
DECLARATION: ND-07-147. PROPERTY LOCATION: 26 ALPINE
AVENUE. PROPERTY OWNER/APPLICANT/APPELLANT: HOLIDAY
DRIVE LLC.
RECOMMENDATION:
Adopt resolution granting an appeal of a decision of the Planning Commission denying an
application for a new single family residence on property zoned R-120 and remanding the
application to the Planning Commission.
DISCUSSION:
On October 5, 2009, Council decided to grant an appeal of a decision of the Planning
Commission denying an application for a new single family residence on property zoned R-120.
Council and remanding the application to the Planning Commission. The attached resolution
finalizes that decision.
Attachment: Proposed Resolution
PREPARED BY: ORRY P. KORB
TOWN ATTORNEY
OPK:pg
N:IMGR\Town AttorneylCouncil Reports110-19-09 26 Alpine.wpd
Reviewed by: wn Manager Assistant Town Manager Clerk
Finance Communitv Development
Rev: 10/14/09 3:14 pin
Reformatted: 7/19/99 File# 301-05
RESOLUTION
RESOLUTION GRANTING AN APPEAL OF A DECISION OF THE PLANNING COMMISSION
DECISION DENYING AN APPLICATION FOR CONSTRUCTION OF A NEW SINGLE FAMILY
RESIDENCE ZONED R-120 AND REMANDING APPLICATION TO THE PLANNING
COMMISSION
APN: 529-37-042
ARCHITECTURE APPLICATION: S-04-64
NEGATIVE DECLARATION: ND-07-147
PROPERTY LOCATION: 26 ALPINE AVENUE
PROPERTY OWNER/APPLICANT/APPELLANT: HOLIDAY DRIVE, LLC
WHEREAS :
A. This matter came before the Town Council for public hearing on October 5, 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 September 23, 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 to build a
new single family residence. The subject is the remaining undeveloped lot of a three-lot subdivision approved
by the Planning Commission in 1991. The project site is located at 26 Alpine Avenue on the west side of the
street, southeast of East Main Street. The subject lot also has frontage on Jackson Avenue.
D. The application was considered by the Planning Commission on May 27, 2009. The
Commission continued the matter to the meeting of July 8, 2009, with the direction that the applicant consider
staff's suggestions or other alternatives to reduce the mass of the structure and the height of the auto court. At
the July 8, 2009 meeting, the Planning Commission continued the matter at the applicant's request, with no
discussion, to the meeting of August 12, 2009. The applicant modified the auto court area, which reduced the
mass of the retaining wall. No changes were made to reduce the mass of the house. On August 12, 2009, the
Commission denied the application since the mass of the house was not reduced and the applicant did not
provide justification for ignoring the Commission's concerns in that regard.
E. The Planning Commission's decision was appealed on August 24, 2009. The basis for the appeal
was that the Commission erred or abused it discretion because of undue influence and false information
allegedly received by them and the Planning Department, from a property that adjoining the north property line
of the appellant/applicant. The neighbor is a member of the Town Council.
N:\MGR\Town Attomey\Council Repowts110-19-09 26 Alpine Resolution.wpd
F. The appellant/applicant provided no evidence of undue influence by the neighbor. The staff
report demonstrates that the Community Development Department was concerned about the mass of the right
elevation of the proposed structure when the application was first reviewed in 2007, that this same concern was
reiterated to the applicant numerous time during the application process, and that the concern was
communicated to the Planning Commission by Town staff.
G. Pursuant to Town Code section 29.20.300, Council finds that new information was presented that
was not readily or reasonably available for submission to the Planning Commission at the time the
applicant/appellant's application was denied..; to wit, that the appellant/applicant desires a remand in order to
work with staff to address the issues of concern in order to obtain approval by the Planning Commission.
Specifically, the appellant/applicant will work with staff to reduce the mass and scale of the right elevation and
to ensure that the project is compatible and will blend with the scale and rhythm of the neighborhood and the
natural features in the area.
RESOLVED:
That the appeal of the decision of the Planning Commission denying architecture and site application 5-
04-64 is granted and the application is remanded to the Planning Commission for further review consistent with
this resolution.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos,
California on the day of October, 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
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