Desk Item
PREPARED BY: SUSIE PINEDA
Contract Associate Planner
Reviewed by: Town Manager, Town Attorney, Community Development Department Director, and
Finance Director
110 E. Main Street Los Gatos, CA 95030 ● 408-354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
MEETING DATE: 12/06/2016
ITEM NO: 4
DESK ITEM
DATE: December 6, 2016
TO: MAYOR AND TOWN COUNCIL
FROM: LAUREL PREVETTI, TOWN MANAGER
SUBJECT: ARCHITECTURE AND SITE APPLICATION S-12-103, SUBDIVISION
APPLICATION M-12-008, AND NEGATIVE DECLARATION ND-16-001.
PROJECT LOCATION: 341 BELLA VISTA AVENUE. PROPERTY APPLICANT/
OWNER/APPELLANT: JAKE PETERS AND DAN ROSS.
CONSIDER AN APPEAL OF A PLANNING COMMISSION DECISION DENYING A
REQUEST TO CONSTRUCT A SINGLE-FAMILY RESIDENCE ON PROPERTY
ZONED R-1:8. APN’S 529-23-015 AND 529-23-016.
REMARKS:
As noted in the December 1, 2016 Staff Report, if the Council decides to grant the appeal, it
must make one or more of the following findings, in accordance with Town Code Section
29.20.300:
a. There was error or abuse of discretion on the part of the Planning Commission; or
b. New information was submitted to the Council during the appeal process that was not
readily and reasonably available for submission to the Commission; or
c. 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.
In the appeal (Attachment 12), in addition to citing Section 29.20.300 a. (Finding 1) regarding
error or abuse of discretion, the applicant also cited Section 20.20.300 c. (Finding 3) regarding a
policy which the Commission did not have discretion to modif y or address.
For clarification, the Commission does have discretion to address or apply the Cellar Policy in its
review of Architectural and Site applications. In regard to this issue, Town Code provides the
following definition for cellar:
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SUBJECT: 341 BELLA VISTA AVENUE/S-12-103/M-12-008/ND-16-011
DATE: DECEMBER 6, 2016
S:\COUNCIL REPORTS\2016\12-06-16\04 Bella Vista Ave 341\04 Desk Item FINAL.docx 12/6/2016 4:55 PM SZ
REMARKS (CONTINUED):
Cellar means an enclosed area that does not extend more than four (4) feet
above the existing or finished grade in any location. Cellars, as defined here,
shall not be included in the floor area ratio calculation for residential
developments. That area of a cellar where the building height exceeds four (4)
feet above existing or finished grade shall not be included in this definition and
shall be included in the floor area ratio calculation. For purposes of this definition
whichever grade (existing or proposed) results in the lowest building profile of a
building shall be used.
As stated within the third sentence, when an area extends more than four feet above grade,
that area is counted as floor area, while the area of the residence which is less than four feet
above grade would continue to be counted as cellar and be exempt from FAR calculations. The
area shown in grey on sheet A2.3 of the proposed plans (Attachment 13) is considered cellar
based on the Town Code definition, whereas, the area shown in green, extends more than four
feet above grade or is not located below the footprint of the residence above and would count
as floor area.
While the Commission discussed the possibility of unintended consequences of Cellar Policy
interpretations, the Commission’s findings were limited to the neighborhood incompatibility
and the bulk and mass of the proposed residence as perceived from the exterior, as opposed to
actually addressing the project’s conformance with the Cellar Policy.
Attachments previously received with December 1, 2016 Staff Report:
1. April 13, 2016 Planning Commission Staff Report (Exhibit 1 sent under separate cover, Exhibits 2-
13 included, and Exhibit 14 has since been revised [see Exhibit 22 of Attachment 8])
2. April 13, 2016 Desk Item (includes Exhibit 15)
3. April 13, 2016 Planning Commission Verbatim Minutes
4. May 25, 2016 Planning Commission Staff Report (includes Exhibits 16-17)
5. May 25, 2016 Addendum (includes Exhibit 18)
6. May 25, 2016 Desk Item (includes Exhibit 19)
7. May 25, 2016 Planning Commission Verbatim Minutes
8. June 22, 2016 Staff Report (includes Exhibits 20-22)
9. June 22, 2016 Addendum (includes Exhibits 23-24)
10. June 22, 2016 Desk Item (includes Exhibit 25)
11. June 22, 2016 Verbatim Minutes
12. Appeal of Planning Commission Decision, received July 1, 2016 (three pages)
13. Revised Project Plans, received November 23, 2016
14. Draft Resolution to deny the appeal and deny the project (includes Exhibit A)
15. Draft Resolution to grant the appeal and remand the project to the Planning Commission
16. Draft Resolution to grant the appeal and approve the project (includes Exhibits A and B)
17. Public Comment received by 11:00 a.m. Thursday, December 1, 2016