2009-052 - Denying An Application For Construction Of A New Single Family Residence On Property Zones Hr-- 2 1/2 Apn: 527-56-010 Architecture And Site Application: 5-05-115 Property Location: 520 Santa Rosa Drive Property Owner/Applicant/Appelant:Mac SabiRESOLUTION 2009 -052
RESOLUTION GRANTING AN APPEAL OF A PLANNING COMMISSION DECISION
DENYING AN APPLICATION FOR CONSTRUCTION OF A NEW SINGLE FAMILY
RESIDENCE ON PROPERTY ZONED HR -2 1 /2
APN: 527 -56 -010
ARCHITECTURE AND SITE APPLICATION: 5 -05 -115
PROPERTY LOCATION: 520 SANTA ROSA DRIVE
PROPERTY OWNER/APPLICANT /APPELLANT: MAC SABIERI & JOHN JAHAN
WHEREAS:
A. This matter came before the Town Council for public hearing on May 4, 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 April 27, 2009, along with
subsequent reports and materials prepared concerning this application.
C. The appeal concerns a Planning Commission decision denying an application for
construction of a new single family residence on property zoned HR -2 %. On August 22, 2004, the
Planning Commission considered a proposal for a new residence on the site and denied the
application due to concerns about the home exceeding the allowable floor area and height, the
overall bulk and mass and development encroaching onto slopes greater than 30 %. On October 4,
2004, the Town Council considered an appeal of the Planning Commission's decision. Council
determined that the Commission's decision was correct and denied the appeal. The appellants
submitted a new application in June 2005 intended as a significant redesign of the project to achieve
compliance with the Hillside Development Standards & Guidelines (HDS &G). On August 13, 2008,
the Planning Commission considered the new application. The application was continued three
additional times at the appellants' request.
D. The application and revised plans were considered and denied by the Planning
Commission on February 25, 2009.
E. The appellants claim that the Planning Commission erred or abused its discretion in
that the redesign of the single family residence is consistent with the goals and objectives of the
HDS &G.
F. The decision of the Planning Commission is reversed and the application is remanded
to the .Planning Commission for review with the following instructions:
i. Reduce the appearance of the house from the front or street perspective from
an apparent two -story to an apparent one -story house
ii. Reduce the appearance of the house from the rear perspective from an
apparent three -story house to an apparent two -story house.
iii. Consider expanding the cellar to reduce visible height and mass.
iv. Height may exceed 18 feet.
V. No specific reduction in square footage is required.
G. Council finds as follows:
Pursuant to Town Code Sec. 29.20.300(b)(3),the appeal presents 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, specifically, the staff report states that the
Planning Commission's deadline for action on the application consistent with the requirements of
the Permit Streamlining Act had been reached before the Commission was satisfied that the
application had been sufficiently amended to meet the requirements of the HDS &G. Because the
application did not meet the requirements of the HDS &G, it was denied by the Commission.
Council alone has the ability to extend the time to consider an application beyond the time
mandated by the Permit Streamlining Act.
RESOLVED:
The appeal of the decision of the Planning Commission denying Architecture and Site
Applications S -05 -115 is granted, the decision is reversed and the application is remanded to the
Planning Commission for further review consistent with the direction contained herein.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los
Gatos, California on the 18` day of May 2009, by the following vote.
COUNCIL:
AYES: Diane McNutt, Joe Pirzynski, Steve Rice, Barbara Spector, and Mayor Mike Wasserman
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
;%�� � 1 ' 4 � 1
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLE OF TIIE TOWN OF LOS GATOS
ATOS, CALIFORNIA