Consider Appeal of Planning Commission for 16268 Los Gatos Blvdt Wx op MEETING DATE: 04/14/14
ITEM NO.
X08 sAtO COUNCIL AGENDA REPORT
DATE: April 10, 2014
TO: MAYOR AND TOWN COUNCIL
FROM: GREG LARSON, TOWN MANAGER
SUBJECT: CONDITIONAL USE PERMIT APPLICATION U -13 -020. ARCHITECTURE
AND SITE APPLICATION S -13 -050. PROPERTY LOCATION: 16268 LOS
GATOS BOULEVARD. PROPERTY OWNER: FOX CREEK FUND, LLC.
APPLICANT: GARY KOHLSAAT, ARCHITECT. APPELLANT: MARSHALL
SMITH.
CONSIDER AN APPEAL OF A PLANNING COMMISSION DECISION
APPROVING A REQUEST TO DEMOLISH AN EXISTING COMMERCIAL
BUILDING AND TO CONSTRUCT A NEW OFFICE BUILDING ON
PROPERTY ZONED C -1. APN 532 -06 -060.
RECOMMENDATION:
After opening and closing the public hearing, it is recommended that the Town Council adopt a
Resolution (Attachment 5) to deny the appeal and uphold the decision of the Planning Commission
to approve the subject applications (motion required).
ALTERNATIVES:
Alternatively, the Council may:
Determine that the Planning Commission's decisions should be reversed or modified and find
one or more of the following; in accordance with Town Code Section 29.20.300:
a. Where there was error or abuse of discretion on the part of the Planning Commission; or
b. The new information that was submitted to the Council during the appeal process was
not readily and reasonably available for submission to the Commission; or
c. 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.
PREPARED BY: SANDY L. BAILY Iy 1
Director of Commune Development
Reviewed by: a Assistant Town Manager AI'own Attorney Finance
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PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: Appeal for 16268 Los Gatos Blvd./U- 13- 020/S -13 -050
March 31, 2014
2. Adopt a Resolution (Attachment 6) to grant the appeal and remand the applications to the
Planning Commission with specific direction (motion required); or
3. Continue the applications to a date certain with specific direction (motion required); or
4. Adopt a Resolution (Attachment 7) to grant the appeal and deny the applications (motion
required).
BACKGROUND:
The subject property is located on the east side of Los Gatos Boulevard, and is the second parcel
south of Shannon Road. The existing 1,988 square foot building on the site was constructed in the
1940's as a single - family residence and has been used for commercial purposes since 1976. The
property was annexed into the Town in 1961. County records indicate that the building was
modified in 1960, and cites 1960 as the effective year built.
The existing building has been vacant since February 2013 when the applicant purchased the
property. Previous businesses included personal service and office uses.
There is a 24 foot wide access easement along the north property line. The easement is used to
provide access to the adjacent (north) commercial building and will also be used to access the
parking for the proposed office building.
There are two applications under consideration for the proposed project:
1. Conditional Use Permit (CUP) for approval of anew office building in a C -1 zone.
2. Architecture and Site (A &S) application for demolition of the existing building and
construction of a new office building.
On October 23, 2013, the Planning Commission considered the subject applications. The
Commission approved the project with modified conditions. That decision was appealed on
November 4, 2013.
On December 16, 2013, the Town Council considered the appeal. The Council granted the appeal
and remanded the matter to the Planning Commission for further consideration of an increased front
setback, possible reduction of building size, and/or stepping back the second floor on the font
elevation. Town Council summary minutes are Exhibit 3 of Attachment 1. Exhibit 4 ofAttachment
1 is the Council resolution for the remand.
On February 26, 2014, the Planning Commission considered revised plans for the project. The
Commission approved the CUP and A &S applications as proposed. The Commission's decision was
appealed on March 10, 2014.
PAGE
MAYOR AND TOWN COUNCIL
SUBJECT: Appeal for 16268 Los Gatos Blvd./U- 13- 020/S -13 -050
March 31, 2014
DISCUSSION:
A. Proiect Summary
The applicant is proposing to construct a 6,813 square foot two -story office building (the
previous building reviewed by the Town Council was 7,047 square feet). Parking is being
provided along the south side and rear property lines and beneath a portion of the second floor of
the building. The building will be 25 feet 7- inches at the highest point, inclusive of an
equipment well that will screen future roof mounted mechanical equipment. The maximum
height allowed in the C -1 zone is 35 feet. The plans have been revised to incorporate the tile
roofing and second floor balconies previously conditioned by the Commission on October 23,
2013. In addition, the building size was reduced by 234 square feet and the front setback was
increased by 10 feet pursuant to Council direction on December 16, 2013.
Additional details on the project are included in the February 26, 2014, Report to the Planning
Commission (Attachment 1).
B. Planning Commission Action
On February 26, 2014, the Planning Commission considered the revised plans. Public testimony
was received from the project architect, property owner, and Marshall Smith, one of the owners
of the adjacent commercial building at 16250 Los Gatos Boulevard. Following discussion, the
Commission made the required findings (Attachment 4) and approved the CUP and A &S
applications on a 6 -1 vote. Attachment 2 is a verbatim transcript of the Commission meeting.
On March 10, 2014, the decision was appealed as discussed below.
C. Appeal
Marshall Smith appealed the decision of the Planning Commission on March 10, 2014 (see
Attachment 3). The appellant states that the Planning Commission erred or abused its discretion
in that the Council should review standards and guidelines in relation to the application and in
the context of the neighborhood.
Letters from the property owner's attorney (Attachment 8) and the applicant (Attachment 9) were
submitted addressing the appellant's appeal.
ENVIRONMENTAL ASSESSMENT:
The project is categorically exempt pursuant to Section 15303 for construction of a new office
building less than 10,000 square feet.
PAGE
MAYOR AND TOWN COUNCIL
SUBJECT: Appeal for 16268 Los Gatos Blvd./U- 13- 020/5 -13 -050
March 31, 2014
CONCLUSION:
It is recommended that the Town Council deny the appeal and uphold the decision of the Planning
Commission to approve the subject applications, and adopt the resolution affirming this action (see
Attachment 5). If the Council determines that the appeal should be granted, specific findings must
be incorporated into one of the alternate resolutions (Attachments 6 or 7).
FISCAL IMPACT
None.
ATTACHMENTS:
Previously provided on March 28.2014:
1. February 26, 2014 Report to the Planning Commission with Exhibits 1 -11
2. February 26, 2014 Planning Commission meeting verbatim minutes (35 transcribed pages)
3. Appeal Statement, received March 10, 2014 (one page)
Attached to this report:
4. Required Findings and Considerations (two pages)
5. Draft Resolution for denial of the appeal and approval of the project (three pages), with
Exhibits A and B
6. Draft Resolution to grant the appeal and remand the project to the Planning Commission (three
pages)
7. Draft Resolution to grant the appeal and deny the project (three pages)
8. Letter from the property owner's attorney (four pages)
9. Letter from the applicant (one page)
Distribution
cc: Florian Barth, Fox Creek Fund, LLC, 15466 Los Gatos Boulevard, Suites 109 -153, Los Gatos,
CA 95032
Gary Kohlsaat, Architect, 51 University Avenue, Suite L, Los Gatos, CA 95032
Marshall Smith, 129 Grcendale Drive, Los Gatos, CA 95032
SLB:SA:cgt
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