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Appeal Architecture and Site Application 15540 El Gato LntpW X dF ��S GAtpS DATE: TO: FROM: SUBJECT: MEETING DATE: 08/19/14 ITEM NO. 1 COUNCIL AGENDA REPORT AUGUST 6, 2014 MAYOR AND TOWN COUNCIL GREG LARSON, TOWN MANAGER ARCHITECT. PROPERTY OWNER/APPELLANT: FLETCH AND FLORENCE SULLIVAN. CONSIDER A REQUEST TO APPEAL THE DECISION OF THE PLANNING COMMISSION DENYING A REQUEST TO DEMOLISH AN EXISTING SINGLE- FAMILY RESIDENCE AND TO CONSTRUCT A NEW SINGLE - FAMILY RESIDENCE ON PROPERTY ZONED R -1:8. APN 523- 23 -021. RECOMMENDATION: After opening and closing the public hearing, it is recommended that the Council: Adopt the resolution denying an appeal of a Planning Commission decision denying Architecture and Site application S -14 -003 (Attachment 11) (motion required). ALTERNATIVES: Alternatively, the Council may: 1. Determine that the Planning Commission's decision should be reversed or modified and find one or more of the following, in accordance with Town Code Section 29.20.300: a. There was error or abuse of discretion on the part of the Planning Commission; or b. New information was submitted to the Council during the appeal process that 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; and 2. Adopt resolution (Attachment 12) granting the appeal and remand the project to the Planning Commission with specific direction (motion r rred); or PREPARED BY: LAUREL R. PREVETTIAirectorg"_XfCommunity Assistant Town Managed Development Reviewed by: N/A Assistant Town Manager Town Attorney Wk- Finance NADMTC REPORTS\2014TIGato 15540_appeal.doex Reformatted: 5 /30/02 - Revised: 8 /7/14 628 PM PAGE MAYOR AND TOWN COUNCIL SUBJECT: 15540 EL GATOS LANE /5 -14 -003 August 6, 2014 3. Adopt resolution (Attachment 10) granting the appeal, make the required findings and considerations, and approve Architecture and Site application S -14 -003 (Attachment 13) subject to conditions (motion required); or 4. Continue the project to a date certain with specific direction (motion required). MTi1:(ef:ZiI041R] The application was considered by the Planning Commission because the project would result in the largest residence in the immediate neighborhood in terms of square footage and floor area ratio (FAR), and would create the only two story home in the immediate neighborhood. Due to the scope of the applicant's proposal, annexation to the Town was required by the County. The annexation application was processed concurrently with the Architecture and Site application, and the annexation was final in July 2014. On May 28, 2014, the Planning Commission reviewed the subject application. The Commission unanimously continued the project to allow the applicant time to redesign their proposal. The Commission directed the applicant to come back with a one -story house. The applicant did not make any changes to the plans previously reviewed at the Planning Commission and, on June 25, 2014, the Planning Commission denied the project. The decision of the Planning Commission was appealed on June 27, 2014. The Town Council is the deciding body for the appeal. DISCUSSION A. Project Summary The applicant is proposing to demolish the existing 1,110- square foot single - family residence and 405- square foot detached garage, and to construct a 2,581- square foot single - family residence and a 588- square foot detached garage. The two story single - family residence would be 25 feet, 6 inches high. Materials would consist of fiber cement hardi -plank horizontal and shingle siding, wood trim, wood -clad windows, stone veneer at the porch, and a composition shingle roof. The garage would be 14 feet, 8 inches high and consist of the same materials. A color and materials board is available for review. See Attachment 1 (Report to the Planning Commission dated May 28, 2014) for additional information. B. Planning Commission Action On May 28, 2014, the Planning Commission reviewed the subject application. The Commission unanimously continued the project to allow the applicant time to redesign their proposal. The Commission directed the applicant to come back with a one -story house. PAGE 3 MAYOR AND TOWN COUNCIL SUBJECT: 15540 EL GATOS LANE /5 -14 -003 August 6, 2014 The applicant did not make any changes to the plans previously reviewed at the Planning Commission and, on June 25, 2014, the Planning Commission voted 4 -3 to deny the application. Attachments 4 and 7 are verbatim transcripts of the two Planning Commission meetings. C. Aral The decision of the Planning Commission was appealed on June 27, 2014 (see Attachment 8). The applicant's appeal is based on his belief that the Planning Commission erred or abused its discretion. A staff response follows each item: 1. Did not consider extended neighborhood as provided by Residential Guidelines and two reports from Architectural Consultant. The subject property is infill from the county and requires broader interpretation. Staff Response: The Planning Commission specifically discussed the Residential Design Guidelines and the Architectural Consultant reports. The Commission considered the context of the application in the immediate neighborhood, pursuant to the Residential Design Guidelines, and the broader neighborhood. The Commission discussed supporting the creation of the largest house in the immediate neighborhood if the scale of the structure was in keeping with the immediate neighborhood (see verbatim minutes, Attachments 4 and 7). 2. Inserted personal opinions unrelated to this forum — that the project would open the floodgates and take away affordable housing. Staff Response: The Planning Commission expressed that if this project is approved, then it may set a precedent for other property owners on this street to expect approval for large, two story homes. The Commission also discussed that the Town needs housing types with a variety of prices, consistent with the General Plan. Specifically, the General Plan encourages a variety of housing types and sizes balanced throughout the Town and within neighborhoods. The Commission also commented on the compatibility of the proposal with the character of the surrounding neighborhood (see verbatim minutes, Attachments 4 and 7). The applicant's appeal is also based on his belief that the Planning Commission did not have discretion to modify or address the following policy or issue that is vested in the Town Council. A staff response follows each item: 1. Affordable housing. Staff Response: The Planning Commission did not discuss the project or neighborhood as affordable housing in the context of below market price housing. Rather, the Commission considered the project's impact on the balance of housing types, prices, and PAGE 4 MAYOR AND TOWN COUNCIL SUBJECT: 15540 EL GATOS LANE /5 -14 -003 August 6, 2014 sizes in the Town and in the vicinity of the project. Specifically, the Commission considered the proposed project, the potential change it would create to the immediate and surrounding neighborhood, and the potential precedent for other properties in the area (see verbatim minutes, Attachments 4 and 7). 2. Square footage limitations below this FAR. Staff Response: Staff understands that the appellant believes that the Commission does not have the discretion to consider the square footage of the home. Per Town practice, the Commission does have discretion to address square footage limitations and FAR (see verbatim minutes, Attachments 4 and 7). ENVIRONMENTAL ASSESSMENT: The proposed project is Categorically Exempt pursuant to Sections 15303 of the California Environmental Quality Act (CEQA) Guidelines as adopted by the Town because the project consists of the demolition and construction of a single - family residence. CONCLUSION: It is recommended that the Town Council deny the appeal and uphold the decision of the Planning Commission to deny the subject application, and adopt the resolution in Attachment 11. If the Council determines that the appeal should be granted, specific findings as to how the Planning Commission erred must be incorporated into the resolution (Attachment 12, if remanding to the Planning Commission, or Attachment 13, if approving the application). FISCAL IMPACT: None. Attachments: 1. Report to the Planning Commission for the meeting of May 28, 2014 (including Exhibits 1 — 11) 2. Desk Item to the Planning Commission for the meeting of May 28, 2014 (including Exhibit 12) 3. Desk Item 2 to the Planning Commission for the meeting of May 28, 2014 (including Exhibit 13) 4. Verbatim minutes from the May 28, 2014 Planning Commission meeting 5. Report to the Planning Commission for the meeting of June 25, 2014 (including Exhibit 14) 6. Addendum to the Planning Commission for the meeting of June 25, 2014 (including Exhibit 15) 7. Verbatim minutes from the June 25, 2014 Planning Commission meeting 8. Appeal of Planning Commission Decision, received June 27, 2014 9. Required Findings and Considerations (one page) PAGE 5 MAYOR AND TOWN COUNCIL SUBJECT: 15540 EL GATOS LANE /S -14 -003 August 6, 2014 10. Recommended Conditions of Approval (eight pages) 11. Draft Resolution to deny the appeal (three pages) 12. Draft Resolution to grant the appeal and remand the project to the Planning Commission (three pages) 13. Draft Resolution to grant the appeal and approve the project with Exhibit A (12 pages) Distribution Chris Spaulding, 801 Camilla Street Suite E, Berkeley, CA 94710 Florence & Fletch Sullivan, 15540 El Gato Lane, Los Gatos, CA 95032 LRP:JS:cgt N:\DEV \TC REP0RTS \2014\E1Ga1o15540_appml.docx THIS PAGE INTENTIONALLY LEFT BLANK