2016-042 - Deny appeal of PC decision at 18151 Overlook RdRESOLUTION 2016 -042
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
DENYING AN APPEAL OF THE DECISION OF THE PLANNING COMMISSION
DENYING A REQUEST TO DEMOLISH AN EXISTING SINGLE - FAMILY
RESIDENCE, CONSTRUCT A NEW SINGLE - FAMILY RESIDENCES AND OBTAIN A
GRADING PERMIT ON PROPERTY ZONED R -1:8
APN: 510 -40 -146
ARCHITECTURE AND SITE APPLICATION: S -14 -056
PROPERTY LOCATION: 18151 OVERLOOK ROAD
PROPERTY OWNER: RONALD M. TATE
APPLICANT: URBAN WEST, LLC, NICOLE KING
APPELLANT: LANCE TATE
WHEREAS, on April 13, 2016 and June 8 2016, the Planning Commission held public
hearings and considered a request to demolish an existing single - family residence, construct a
new single - family residence, and obtain a grading permit on property zoned R -1:8. The Planning
Commission denied the application at the June 8, 2016 Planning Commission public hearing.
WHEREAS, the appellant has filed an appeal of the decision of the Planning
Commission denying to demolish an existing single - family residence, construct a new single-
family residence, and obtain a grading permit; and
WHEREAS, this matter came before the Town Council for public hearing on August 2,
2016, and was regularly noticed in conformance with State and Town law.
WHEREAS, Town Council received testimony and documentary evidence from the
appellant and all interested persons who wished to testify or submit documents. Town 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 for
their meeting on August 2, 2016, along with any and all subsequent reports and materials
prepared concerning this application.
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Resolution 2016 -042 August 2, 2016
WHEREAS, Council finds as follows:
A. The Council could not make one or more of the following, in accordance with Town
Code section 29.20.300:
1. Where there was error or abuse of discretion on the part of the Planning
Commission; or
2. New information was submitted to the Council during the appeal process that was
not readily and reasonably available for submission to the Commission; or
3. 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.
NOW, THEREFORE, BE IT RESOLVED:
1. The appeal of the decision of the Planning Commission denying a request to
demolish an existing single - family residence, construct a new single - family residence, and obtain
a grading permit on property zoned R -1:8 is denied.
2. The 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 and federal Law.
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Resolution 2016 -042 August 2, 2016
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los
Gatos held on the 2 "d day of August, 2016 by the following vote:
COUNCIL MEMBERS:
AYES: Marcia Jensen, Steve Leonardis, Rob Rennie, Marico Sayoc, Mayor Barbara Spector
NAYS: None
ABSENT: None
ABSTAIN: None
MAYOR O ,Y THE TOWN OF LOS GATOS
LOS GA S, C LIFORNIA
TE:
ATTEST:
CLERK ADNfINIS ATOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE: '� I 31 r c
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Resolution 2016 -042 August 2, 2016
EXHIBIT A
TOWN COUNCIL — August 2, 2016
REQUIRED FINDINGS & CONSIDERATIONS FOR:
18151 Overlook Road
Architecture and Site Application 5 -14 -056
Requesting approval to demolish an existing single- family residence, to construct a new
single - family residence and obtain a grading permit on property zoned R -1:8. APN 510 -40-
146.
PROPERTY OWNER: Ronald M. Tate
APPLICANT: Urban West, LLC, Nicole King
FINDINGS
Required finding for CEQA:
■ The project is Categorically Exempt pursuant to the adopted Guidelines for the
Implementation of the California Environmental Quality Act, Section 15303: New
Construction or Conversion of Small Structures.
Required finding for the demolition of a single -family residence:
■ As required by Section 29.10.09030(e) of the Town Code for the demolition of a single -
family residence:
1. The Town's housing stock will be maintained as the single - family residence will be
replaced.
2. The existing structures have no architectural or historical significance, and are in poor
condition.
3. The property owner does not desire to maintain the structures as they exist; and
4. The economic utility of the structures is limited due to the work done by a prior owner.
Required Compliance with the Residential Design Guidelines:
■ The project is in compliance with the Residential Design Guidelines for single - family homes
not in hillside residential areas.
CONSIDERATIONS
Required considerations in review of Architecture & Site applications:
■ As required by Section 29.20.150 of the Town Code, the considerations in review of an
Architecture and Site application were all made in reviewing this project.
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Resolution 2016 -042 August 2, 2016