2007-029 - Resolution Granting An Appeal Of A Decision Of The Planning Commission Denying An Application For A Two Lot Subdivision On Property Zoned Hr-2 And Remanding Said Application To The Planning Commission Apn: 527 -11 -005 Subdivision ApplicationRESOLUTION 2007 -029
RESOLUTION GRANTING AN APPEAL OF A DECISION OF THE PLANNING
COMMISSION DENYING AN APPLICATION FOR A TWO LOT SUBDIVISION ON
PROPERTY ZONED HR-2 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/APPLICANT /APPELLANT: MIKE AND ANN MOFFAT
WHEREAS:
A. This matter came before the Town Council for public hearing on March 5, 2007, 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 February 27, 2007, 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 two lot subdivision on property zoned HR -2' /a. The subject 8.1 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 and is not maintained by the Town. There is an existing residence on the site that was approved
by the Town Council in 2000. The original application proposed lot sizes of 6.9 acres and 1.2 acres.
D. The application was considered and. denied by the Planning Commission on
December 13, 2006. The applicant/appellant appealed the Commission's decision on December 22,
2006.
E. The applicant /appellant claims that the Planning Commission erred or abused its
discretion in finding that the proposed subdivision is inconsistent with the zoning code, and in its
finding that the site is not physically suitable for the proposed density and /or type of development.
F. Given the Planning Commission's concern about the relatively small size of the
second parcel, the applicant indicated a willingness to make the parcel larger.
G. 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 applicant is prepared to increase the size of the proposed
second parcel to a size not less than 2.5 acres, as demonstrated in evidence presented to Council.
This new information is sufficient to require reversal of the Planning Commission decision and to
remand the application for further consideration by the Planning Commission. The smaller of the
two lots shall be no less than 2.5 acres in size. The Planning Commission is directed to review the
application for compliance with all applicable Town ordinances, standards and guidelines
concerning land development.
RESOLVED:
That the appeal of the decision of the Planning Commission denying subdivision application
M -06 -4 is granted and the application is remanded to the Planning Commission for further review.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los
Gatos, California on the 19th day of March 2007, by the following vote.
COUNCIL MEMBERS:
AYES: Steve Glickman, Diane McNutt, Barbara Spector, mike Wasserman, and Mayor joe
Pirzynski
NAYS: None
ABSENT:
ABSTAIN:
SIGNED:
WYOR OF T'H9 OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
1 1 I
1
C r I' ADMINISTRATOR
T NF LOS
GATOS, CALIFORNIA