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2013-043 - Deny Appeal for 550 Hubbell WayRESOLUTION 2013 -043 RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DENYING APPEALS OF A PLANNING COMMISSION DECISION DENYING A REQUEST TO CONSTRUCT FOUR RESIEDNITAL CONDOMINIUMS ON PROPERTY ZONED RM:12 -20 APN: 529 -09 -036 CONDITIONAL USE PERMIT APPLICATION: U -13 -005 SUBDIVISION APPLICATION M -13 -001 ARCHITECTURE AND SITE APPLICATIONS S -13 -008 THROUGH S -13 -011 PROPERTY LOCATION: 550 HUBBELL WAY PROPERTY OWNER/APPLICANT: 17230 BUENA VISTA PARTNERS, LLC APPELLANT: GREGORY HOWELL WHEREAS, this matter came before the Town Council for public hearing on October 7, 2013, and was regularly noticed in conformance with State and Town law. WHEREAS, 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 Planning Commission Reports dated July 10, 2013 and September 11, 2013, along with subsequent reports and materials prepared concerning this application. WHEREAS, the applicant requested approval of a Conditional Use Permit, Tentative Map and Architecture and Site applications to construct four residential condominiums. Surrounding properties on University Avenue, Hubbell Way and Avery Lane are developed with single- family homes and apartments. WHEREAS, the Planning Commission last considered the applications on September 11, 2013, and voted to deny the Conditional Use Permit, Subdivision, and Architecture and Site applications based on concerns about the proposed bulk and mass, detached units with individual driveways, and lack of any community open space. WHEREAS, the applicant appealed the decision of the Planning Commission based on his belief that the Planning Commission erred in its decision in implying that condominiums should be attached units and fewer units would not be appropriate because the proposed project is at the low end of the density range for the RM:12 -20 zone. WHEREAS, the Council has determined that the Planning Commission did not err in its decision in that the proposed condominiums do not comply with the allowable FAR for the property, the bulk and mass of the units was not reduced, no community open space is being provided, and shared driveways would be more appropriate. NOW THEREFOR, BE IT RESOLVED THAT the appeals of the decision of the Planning Commission on Conditional use Permit application U -13 -005, Subdivision application M -13 -001 and Architecture and Site applications S -13 -008 through 5 -13 -011 are hereby denied. BE IT FURTHER RESOLVED 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, held on the 7th day of October 2013, by the following vote: COUNCIL MEMBERS: AYES: Marcia Jensen, Steven Leonardis, Diane McNutt, Joe Pirzynski, and Mayor Barbara Spector NAYS: ABSENT: ABSTAIN: SIGNP 7u,v MAYOR OF T ' E TOWN OF LOS GATOS LOS GATOS ALIFORNIA ATTEST: CLERK .ADMINISTRATOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA