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1994-119-Deny A Request For Approval Of Plans To Construct A Single Family Residence On Property In The RC ZoneRESOLUTION 1994 - 119 RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS REPORTING DENIAL OF APPEAL OF PLANNING COMMISSION DECISION TO DENY A REQUEST FOR APPROVAL OF PLANS TO CONSTRUCT A SINGLE FAMILY RESIDENCE ON PROPERTY IN THE RC (PREZONE) ZONE, ARCHITECTURAL & SITE APPLICATION S- 88 -65A (PROPERTY ADDRESS: 15299 TOP OF THE HILL/ PROPERTY OWNERS: DR. AND MRS. JAMSHIDI/ APPLICANT: CAMARGO & ASSOCIATES, ARCHITECTS) WHEREAS: A. This matter came before the Council on appeal by the applicants from a decision of the Planning Commission and was regularly noticed in conformance with State and Town law. B. There were only 3 Councilmembers present for the hearing on this matter, and the applicants were formally informed that the Town Code required the affirmative vote of 3 Councilmembers to reverse or modify a decision of the Planning Commission and were told that they could request that the matter be continued to a time when more than 3 Councilmembers would be present. However, applicants told the Council that they wished to proceed with the 3 Councilmembers present. C. The Council then received testimony and documentary evidence from the applicants 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 attached to the Council Agenda Report dated 7/18/94 concerning this application. D. Councilmember Blanton moved, Councilmember Lubeck seconded to grant the appeal based on the following: 1. The property was a difficult site and applicants had made very effort to meet the spirit of the Hillside Specific Plan and the complicated rules and regulations governing use of the property; 2. While the proposed homesite was close to the ridgeline, it was not on the ridgeline; 3. If the homesite were moved further down the slope, it might well be more visible, particularly with regard to the driveway; 4. Adequate mitigation measures had been proposed to screen the homesite; 5. There was a good deal of natural screening of the homesite already in existence; 6. Visits to the site and the area showed that the homesite was probably the best location for the dwelling; and 7. The Planning Commission erred in not giving sufficient weight to 3 of the 4 site selection rules of the Hillside Specific Plan, particularly the limitation on grading. The motion would have returned the matter to the Development Review Committee for imposition of appropriate conditions, in particular a deed restriction regarding the color of the home and prohibiting installation of tennis court lights until the future after the site has been developed and by separate application. E. Councilmember O'Laughlin voted no on the motion for the following reasons: 1. The decision and findings of the majority of the Planning Commission were correct and proper; and 2. The Hillside Specific Plan mandates that homes built in proximity to ridgelines be as inconspicuous as possible. Neither the Council nor the Planning Commission should have to choose between making a home visible to the Valley floor or permitting extensive grading. The need for 8,000 square feet and larger homes in the Hillside Area is doubtful. K RESOLVED: 1. The appeal of the decision of the Planning Commission on Architectural and Site Application S- 88 -65A is denied for failure to gain 3 affirmative votes as required by Town Code § 29.20.300. This 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 or federal law. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 1st day of August, 1994 by the following vote. COUNCIL MEMBERS: AYES: Steven Blanton, Linda Lubeck, Patrick O'Laughlin NAYS: None ABSENT: None ABSTAIN: Joanne Benjamin, Mayor Randy Attaway SIGNED: MAYOR HE TOWN LOS GATOS LOS GAT S, CALIFORN ATTEST: CLERK OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA 3