2007-048 - Resolution Granting An Appeal Of A Planning Commission Decision To Deny An Application To Construct A Single Family Residence On Property Zoned R -1:20 Apn: 529 -31 -041 Architecture And Site Application: S -07 -021 Property Location: ReservoirRESOLUTION 2007 -048
RESOLUTION GRANTING AN APPEAL OF A PLANNING COMMISSION
DECISION TO DENY AN APPLICATION TO CONSTRUCT A
SINGLE FAMILY RESIDENCE ON PROPERTY ZONED R -1:20
APN: 529 -31 -041
ARCHITECTURE AND SITE APPLICATION: S -07 -021
PROPERTY LOCATION: RESERVOIR ROAD, LOT 3
PROPERTY OWNER: MARK VON KAENEL & DIANNA ROBINSON
APPELLANT:TONY JEANS, T.H.I.S. DESIGN
WHEREAS:
A. This matter came before the Town Council for public hearing on April 16, 2007, and
was regularly noticed in conformance with State and Town law.
B. Council received testimony and documentary evidence from the 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 April 12, 2007, along with subsequent
reports and materials prepared concerning this application.
C. The applicant seeks approval to construct a new single family residence with an
attached three -car garage and a swimming pool. The applicant proposes to construct a 3,959 square
foot residence with a 715 square foot garage and a 1,093 square foot cellar.
D. The subject property is the former San Jose Water reservoir site, which was approved
for a four -lot subdivision by the Town in 2003. The property lies within a hillside area and must
adhere to the Town's Hillside Development Standards & Guidelines ( "HDS &G ").
E. Exhibits to the approved tentative subdivision map for the Sienna Oaks Subdivision
show approximate building envelopes for the new homes. The proposed structure is largely within
the footprint, although parts of a porch, a bedroom and a game room with a covered balcony along
with the pool extend beyond the footprint.. Nevertheless, these portions of the structure and the pool
are located within the Least Restricted Development Area.
F. Grading cut and fill depths exceed the criteria specified in the HDS &G for a small
area of the driveway near the garage. The applicant is proposing to cut more than the recommended
depth of four feet in order to lower the house and garage entry, which reduces visibility to
neighboring properties on Reservoir Road and from the street, and also to make the transition from
the existing graded driveway to the garage.
G. The applications was considered by the Planning Commission on January 24, 2007,
and again on February 28, 2007, and was denied. In so doing, the Commission sought clarification
from Council regarding whether the house and pool could extend beyond the building footprint
shown on the tentative map. In addition, the Commission sought clarification from Council about
whether a condition requiring preservation of the historic rock walls for possible incorporation into
future residential development would allow for the proposed reuse of the rocks in the driveway and
around the garage entry.
H. The appellant claims that the Planning Commission erred in its determination that
the building envelope must contain the entire house and that no part of the development can
extend beyond the building envelopes shown in the approved tentative map. The details of the
appeal are found in Attachment 4 to the Council Agenda Report dated April 12, 2007,
I. The decision of the Planning Commission was incorrect and is hereby reversed.
J. Council finds as follows:
The project is categorically exempt pursuant to sections 15303 of the State
Environmental Guidelines as adopted by the Town, as evidenced by the staff report to the Town
Council dated April 12, 2007.
ii. Pursuant to Town Code section 29.20.300(b)(3), the decision involves an
issue or policy over which the Commission did not have discretion to modify or address, but
which is vested in the Council for modification or decision, to wit; the intended interpretation of
the building envelopes in the approved tentative subdivision map for the Sienna Oaks Subdivision
and Council's intent concerning the preservation of the historic rock walls. Regarding the
building envelopes, Council finds that the envelopes were intended to guide future development
without being so restrictive as to mandate that all development be contained therein. Council
notes in this regard that the development proposed for outside the envelope would still be located
within the Least Restricted Development Area consistent with the HDS &G. Regarding the rock
walls, Council finds that the condition regarding preservation of the rock walls allows for the
proposed reuse of the rocks.
iii. Regarding driveway grading exceeding the maximum allowed cut of four feet,
Chapter IX, section F of the HDS &G allows an exception if supported by a rationale and
evidence. Here, Council notes the statement in the Council Agenda Report dated April 12, 2007,
that the additional grading would reduce the visibility of the house and garage entry and would
make the transition from the existing graded driveway to the garage. Council also notes that
Town staff is not concerned about the additional grading given the site characteristics and the
need to ensure that the driveway does not exceed a slope of 15%.
RESOLVED:
1. The appeal of the decision of the Planning Commission denying Architecture and Site
Application S -07 -021 is granted and the application is approved subject to the conditions attached
as Exhibit "A" hereto.
2. 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 7th day of May 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:..-
it'4 r
MAYO THE TOW F LOS GATOS
LOS GATOS, CALIFORNIA
T:
ADMINISTRATOR OF THE TOWN OF LOS GATOS
TOS, CALIFORNIA