Attachment 09
RESOLUTION 2018-___
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
DENYING AN APPEAL OF THE DECISION OF THE PLANNING COMMISSION APPROVING
A REQUEST FOR AN ADDITION TO A RESIDENTIAL ACCESSORY STRUCTURE LESS
THAN 450 SQUARE FEET WHICH IS VISIBLE FROM THE STREET ON PROPERTY
LOCATED IN THE ALMOND GROVE HISTORIC DISTRICT ZONED R1-D:LHP.
APN 510-16-020
MINOR DEVELOPMENT IN AN HISTORIC DISTRICT APPLICATION: HS-18-031
PROPERTY LOCATION: 223 MASSOL AVENUE
APPELLANT: TYLER ATKINSON, ESQ.
APPLICANT/PROPERTY OWNER: VLADIMIR KANEVSKY
WHEREAS, on April 25, 2018, the Historic Preservation Committee held a publ ic hearing
and considered a request for an addition to a residential accessory structure less than 450 square
feet which is visible from the street on property located in the Almond Grove Historic District
zoned R1-D:LHP. The Historic Preservation Committee approved the Minor Development in an
Historic District application.
WHEREAS, on May 7, 2018, Tyler Atkinson, Esquire, on behalf of James McManis and Sara
Wigh, owners of the 216 Glen Ridge Avenue property, filed an appeal of the decision of the
Historic Preservation Committee approving the request for an addition to a residential accessory
structure less than 450 square feet which is visible from the street on property located in the
Almond Grove Historic District.
WHEREAS, on June 13, 2018, the Planning Commission held a public hearing and
considered a request for an addition to a residential accessory structure less than 450 square feet
which is visible from the street on property located in the Almond Grove Historic District
ATTACHMENT 9
Draft Resolution to
be modified by Town
Council deliberations
and direction.
zoned R-1D:LHP. The Planning Commission denied the appeal, approving the Minor
Development in an Historic District application.
WHEREAS, on June 25, 2018, Tyler Atkinson, Esquire, on behalf of James McManis and
Sara Wigh, owners of the 216 Glen Ridge Avenue property, f iled an appeal of the decision of the
Planning Commission approving the request for an addition to a residential accessory structure
less than 450 square feet which is visible from the street on property located in the Almond Grove
Historic District.
WHEREAS, this matter came before the Town Council for public hearing on August 7,
2018, and was regularly noticed in conformance with State and Town law.
WHEREAS, the 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 7, 2018, along with any and all subsequent reports and materials
prepared concerning this application.
WHEREAS, the Town Council finds as follows:
A. The Town 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 approving a request for an
addition to a residential accessory structure less than 450 square feet which is visible from the
street on property located in the Almond Grove Historic District zoned R-1D:LHP is denied and
the application is approved.
2. The Town Council hereby adopts all findings, considerations and conditions of approval
set forth in the documents attached as Exhibits A and B.
3. The decision constitutes a final administrative decision pur suant 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 establish ed by Code of Civil Procedure section 1094.6, or such
shorter time as required by state and federal Law.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los
Gatos, California, held on the 7th day of August, 2018, by the following vote:
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
S:\COUNCIL REPORTS\2018\08-07-18\Appeal 223 Massol Avenue\Attachment 9 - Draft Resolution to deny the appeal and approve the project
(HS-18-031, garage) (includes Exhibit A, Findings and Exhibit B, Conditions of Approval).docx
EXHIBIT A
TOWN COUNCIL – August 7, 2018
REQUIRED FINDINGS AND STANDARDS FOR REVIEW FOR:
223 MASSOL AVENUE
Minor Residential Development in an Historic District Application HS-18-031
Consider an appeal of a Planning Commission decision approving a request for an
addition to a residential accessory structure less than 450 square feet which is visible
from the street (HS-18-031) on property located in the Almond Grove Historic District
zoned R1-D:LHP. APN 510-16-020.
APPELLANT: Tyler Atkinson, Esq.
PROPERTY OWNER/APPLICANT: Vladimir Kanevsky
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 15301: Existing Facilities ;
and Section 15331: Historical Resource Restoration/Rehabilitation.
Required Compliance with the Residential Design Guidelines:
■ The project complies with the Residential Design Guidelines.
STANDARDS FOR REVIEW
As required by Section 29.80.290 of the Town Code for evaluation of applications for Minor
Development in an Historic District:
■ In evaluating applications, the deciding body shall consider the architectural style, design,
arrangement, texture, materials and color, and any oth er pertinent factors. Applications shall
not be granted unless:
1. On landmark sites, the proposed work will neither adversely affect the exterior
architectural characteristics or other features of the landmark (and, where specified
in the designating ordinance for a publicly owned landmark, its major interior
architectural features) nor adversely affect the character of historical, architectural or
aesthetic interest or value of the landmark and its site.
This standard is not applicable as the property is not a designated landmark site.
S:\COUNCIL REPORTS\2018\08-07-18 Commission Interviews and Closed Session\14 Appeal 223 Massol Avenue\Attachment 9 - Exhibit A.docx
2. In historic districts, the proposed work will neither adversely affect the exterior
architectural characteristics or other features of the property which is the subject of
the application, nor adversely affect i ts relationship, in terms of harmony and
appropriateness, with its surroundings, including neighboring structures, nor
adversely affect the character, or the historical, architectural or aesthetic interest or
value of the district.
This Planning Commission finds that the application meets this standard.
3. For pre-1941 structures, the proposed work will neither adversely affect the exterior
architectural characteristics or other features of the property which is the subject of
the application.
This Planning Commission finds that the application meets this standard.
EXHIBIT B
TOWN COUNCIL – August 7, 2018
CONDITIONS OF APPROVAL
223 MASSOL AVENUE
Minor Residential Development in an Historic District Application HS-18-031
Consider an appeal of a Planning Commission decision approving a request for an
addition to a residential accessory structure less than 450 square feet which is
visible from the street (HS-18-031) on property located in the Almond Grove Historic
District zoned R1-D:LHP. APN 510-16-020.
APPELLANT: Tyler Atkinson, Esq.
PROPERTY OWNER/APPLICANT: Vladimir Kanevsky
TO THE SATISFACTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT:
Planning Division
1. APPROVAL: This application shall be completed in accordance with all of the conditions of
approval and in substantial compliance with the approved plans. Any changes or
modifications to the approved plans and/or business operation shall be approved by the
Community Development Director, DRC or the Planning Commission depending on the
scope of the changes.
2. EXPIRATION: The approval will expire two years from the approval date pursuant to
Section 29.20.320 of the Town Code, unless the approval has been vested.
3. DEMOLITION: This project must comply with the Town’s Demolition Ordinance.
4. DEMOLITION AFFIDAVIT: Prior to issuance of a building permit, a demolition affidavit must
be submitted and signed by the property owner, project architect, project engineer and
contractor.
5. OUTDOOR LIGHTING: Exterior lighting shall be kept to a minimum, and shall be down
directed fixtures that will not reflect or encroach onto adjacent properties. No flood lights
shall be used unless it can be demonstrated that they are needed for safety or security.
6. TREE REMOVAL PERMIT: A Tree Removal Permit shall be obtained for any trees to be
removed, prior to the issuance of a building or grading permit.
7. EXISTING TREES: All existing trees shown on the plan and trees required to remain or to
be planted are specific subjects of approval of this plan, and must remain on the site.
8. TREE FENCING: Protective tree fencing and other protection measures shall be placed at
the drip line of existing trees prior to issuance of demolition and building permits and shall
remain through all phases of construction. Include a tree protection plan with the
construction plans.
9. TREE STAKING: All newly planted trees shall be double-staked using rubber tree ties.
10. FRONT YARD LANDSCAPE: Prior to issuance of a Certificate of Occupancy the front yard
must be landscaped.
11. WATER EFFICIENCY LANDSCAPE ORDINANCE: The final landscape plan shall meet the
requirements of the Town of Los Gatos Water Conservation Ordinance or the State Water
Efficient Landscape Ordinance, whichever is more restrictive. Submittal of a Landscape
Documentation Package pursuant to WELO is required prior to issuance of a building
permit. A review fee based on the current fee schedule adopted by the Town Council is
required when working landscape and irrigation plans are submitted for review. A
completed WELO Certificate of Completion is required prior to final inspection/certificate
of occupancy.
12. STORY POLES: The story poles on the project site shall be removed within 30 days of
approval of the Architecture & Site application.
13. TOWN INDEMNITY: Applicants are notified that Town Code Section 1.10.115 requires that
any applicant who receives a permit or entitlement from the Town shall defend,
indemnify, and hold harmless the Town and its officials in any action brought by a third
party to overturn, set aside, or void the permit or entitlement. This requirement is a
condition of approval of all such permits and entitlements whether or not expressly set
forth in the approval, and may be secured to the satisfaction of the Town Attorney.
14. COMPLIANCE MEMORANDUM: A memorandum shall be prepared and submitted with the
building plans detailing how the Conditions of Approval will be addressed.
N:\DEV\CONDITIONS\2018\Massol Avenue, 223 - (HS-18-031, garage) - TC COA.docx