Staff Report�j�ow" of
COUNCIL AGENDA REPORT
DATE: MAY 12, 2015
MEETING DATE: 05/19/15
ITEM NO: r i
TO: MAYOR AND TOWN COUNCIL
e -
FROM: LES WHITE, INTERIM TOWN MANAG I
SUBJECT: ARCHITECTURE AND SITE APPLICATION S -14 -072. PROJECT
LOCATION: 15343 SANTELLA COURT. PROPERTY OWNERJAPPLICANT:
DAVIDON HOMES. APPELLANT: DAVE WEISSMAN.
CONSIDER A REQUEST TO APPEAL THE DECISION OF THE PLANNING
COMMISSION DENYING AN APPEAL OF A DECISION OF THE
DEVELOPMENT REVIEW COMMITTEE APPROVING AN
ARCHITECTURE AND SITE APPLICATION TO CONSTRUCT A NEW
SINGLE FAMILY RESIDENCE ON PROPERTY ZONED HR- 2 %z:PD. APN
527 -09 -016
RECOMMENDATION:
Adopt a Resolution denying the appeal and approving Architecture and Site Application S -14-
072 to construct a new single- family residence on property zoned HR- 2Yz:PD.
REMARKS:
The Town Council continued the public hearing for the application on May 5, 2015 at the request
of the appellant due to the submittal of additional materials from the applicant (Attachment 14 of
May 5, 2015 Desk Item Report), which did not provide sufficient time for the appellant to review
the provided materials.
The appellant has shared a concern regarding fairness in the distribution of materials through the
appeal process (Attachment 15). The appellant refers to a Town policy regulating this; however,
the Town has no written policy on this matter. It is the general practice of the Town to share the
same information with both applicants and appellants. Staff strives to provide documents to both
parties within two business days of their receipt.
PREPARED BY: LAUREL R. PREVETT �
Assistant Town Manager irector of Com Development
Reviewed by: N/A Assistant Town Manager N&own Attorney N/A Finance
N:ADEVATC REPORTS\2015 \Santella 15343 - appeal- 5- 19- 15.docx Refonnatted: 5/30/02
PAGE
MAYOR AND TOWN COUNCIL
SUBJECT: 15343 Santella Court/S -14 -072
May 12, 2015
With regard to the proposed application and its appeal process this was achieved with the
exception of Davidon's letter responding to the Planning Commission appeal (Attachment 5),
which was an oversight on the part of staff. In addition, it should be noted that while staff
received a letter from Davidon on February 18, 2015 (Exhibit 11 of Attachment 1); the letter was
incomplete without the referenced attachments until March 5, 2015 just prior to distribution of
the staff report. So while the letter was not emailed directly to the appellant, the staff report was
mailed and the attachments were placed online within 24 hours of its receipt. At all times, the
full file (including the incomplete letter from the applicant) was available for review by the
public (including the appellant) during regular counter hours of 8:00 a.m. to 1:00 p.m. Monday
thru Friday and by appointment. Staff has recognized through this experience that more
deliberate communication needs to occur with both parties to an appeal.
The applicant has provided an additional letter and exhibit in response to the appeal (Attachment
16).
Attachments ('Previously received with April 29, 2015 Staff Report):
1. March 11, 2015 Planning Commission Staff Report (including Exhibits 1— 12)
2. Materials submitted to the Planning Commission at the meeting of March 11, 2015
3. March 11, 2015 Planning Commission Verbatim Minutes
4. Appeal of Planning Commission Decision, received March 16, 2015
5. Letter from Applicant
6. Letter from Appellant
7. August 27, 2003 Planning Commission Verbatim Minutes
8. February 2, 2004 Town Council Action Minutes
9. Required Findings and Considerations
10. Color averaging exhibit
11. Draft Resolution to deny the appeal and approve the project with Exhibit A
12. Draft Resolution to grant the appeal and remand the project to the Planning Commission
13. Draft Resolution to grant the appeal and deny the project
Attachment (Previously received with May 5, 2015 Desk Item):
14. Response letter and exhibits from applicant
Attachments included with this Staff Report:
15. Email from appellant, received May 5, 2015 (two pages)
16. Letter and exhibits from applicant, received May 7, 2015 (nine pages)
Distribution
Steve Abbs, Davidon Homes, 1600 S. Main Street, Suite 150, Walnut Creek, CA 94596
Dave Weissman, 15431 Francis Oaks Way, Los Gatos, CA 95032
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