2009-111-Denying An Application For Construction Of A New Single Family Residence Zoned R-120 And Remanding Application To The Planning CommissionRESOLUTION 2009-111
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: 5-04-64
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, hcluding 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 threelot
subdivision approved by the Planning Commission in 1991. The project siteis 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. Tie
Commission continued the matter to the meeting of July $, 2009, with the direction that the applicant
consider staffs 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 abased 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.
F. The appellant/applicant provided no evidence of undue influence by the neighbor. The
staff report demonstt•ates that the Community Development Department was concerned about the mass
of the right elevation of the proposed structure when the application w~ 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/appellants application was denied.; to wit, that the appellalt/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 n•hythtn of the neighborhood and the natural features in the area.
RESOLVED:
That the appeal of the decision of the Planning Commission denying architecd~re and site
application 5-04-64 is granted and the application is remanded to the Planning Commission for further
review consistent with this resolution.
PASSEll AND ADOPTED at a regular meeting of the Town Council of the Town of Los
Gatos, California on the 19th day of October, 2009, by the following vote.
COUNCIL MEMBERS:
AYES: Joe Pirzynslci, Barbara Spector, and Mayor Milce Wasserman
NAYS: None
ABSENT: None
ABSTAIN: Diane McNutt, Steve Rice
SIGNED:
ATTEST:
MAYOR OF THE TOWN OF-LOS GATOS
LOS GATOS, CALIFORNIA
CLERK ADMINISTRATOR
TOWN OF LOS GATOS, CALIFORNIA