1998-155-Granting An Appeal Of A Decision Of The Planning Commission Denying A Planned Development To Change The Zoning Designation From R-1:8 To RM:5-12:PDRESOLUTION 1998 -155
RESOLUTION GRANTING AN APPEAL OF A DECISION OF THE PLANNING COMMISSION
DENYING A PLANNED DEVELOPMENT TO CHANGE THE ZONING DESIGNATION FROM
R -1:8 TO RM:5- 12:PD.
DEVELOPMENT APPLICATION: DEV -97 -009
NEGATIVE DECLARATION: ND -97 -0017
PROPERTY LOCATION: 1300 POLLARD AVENUE
PROPERTY OWNER: WERNER GOESE
APPLICANT / APPELLANT: CYPRESS HOMES OF LOS GATOS
WHEREAS:
A. This matter came before the Council for public hearing on September 8, 1998, on an appeal
by Cypress Homes of Los Gatos from a decision of the Planning Commission and was
regularly noticed in conformance with State and Town law.
B. The Council received testimony and documentary evidence from the applicant and all
interested persons who wished to testify or submit documents. The Council considered all
testimony and materials submitted, including the record of the Planning Commission
proceedings and the packet of material contained in the Council Agenda Report dated August
26, 1998, concerning this application.
C. On May 13, 1998, the Planning Commission continued the application with the
recommendation that revised plans be submitted addressing the Planning Commission's
concerns On July 8, 1998 the Planning Commission denied the application.
D. Appellant appealed the Planning Commission's decision because it believes the Planning
Commission erred or abused its discretion, and further, that new information is available that
was not available for the Planning Commission's initial review.
E. Issues raised during the Planning Commission hearing on the application included traffic
circulation on Pollard Road and those intersections adjacent to the site of the proposed
development, the provision, availability and location of open space, building height and
development density, the development of new housing in the Town and sensitivity to the needs
of the existing community in the area of the proposed development. Balancing these issues
in the context of this application implicated policies over which the Planning Commission
lacked discretion.
RESOLVED:
The appeal of the decision of the Planning Commission on Development application DEV -97 -009 is
therefore granted and is remanded to the Planning Commission for further review with the following
direction:
a. Reorient project with buildings placed closer to Pollard Road;
b. Attempt to move the roadway closer to Pollard Road;
C. Orient open space towards Los Gatos Woods;
d. Reduce mass and scale by:
i. Reducing density, and/or;
ii. Reducing size of units;
Provide additional space between the proposed buildings creating greater variety; and
f Retain quality of streetscape.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos,
California, held on the 21 st day of September, 1998 by the following vote.
COUNCIL MEMBERS:
AYES: Randy Attaway, Joanne Benjamin, Steven Blanton, Jan Hutchins,
Mayor Linda Lubeck
NAYS: None
ABSENT: None
ABSTAIN: None
SIGNED: �% o
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST: Vi i 2� ,'
CLERK OF THE TOWN OF LOS'GATOS
LOS GATOS, CALIFORNIA