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