Loading...
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. 1 of 4 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. 2 of 4 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 3 of 4 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. 4 of 4 Resolution 2016 -042 August 2, 2016