Attachment 13
RESOLUTION 2019-___
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
GRANTING AN APPEAL OF THE DECISION OF THE PLANNING COMMISSION
APPROVING A REQUEST FOR CONSTRUCTION OF AN ADDITION TO AN EXISTING
SECOND STORY OF A PRE-1941 SINGLE-FAMILY RESIDENCE
ON PROPERTY ZONED R-1:8 AND REMANDING THE MATTER TO THE PLANNING
COMMISSION FOR FURTHER CONSIDERATION.
APN 510-42-073
MINOR RESIDENTIAL DEVELOPMENT APPLICATION: MR-18-008
PROPERTY LOCATION: 11 PERALTA AVENUE
APPELLANT: JOHN C. FOX
APPLICANT: TONY JEANS
PROPERTY OWNER: WENDY FAN KANDAAMY
WHEREAS, on May 23, 2018, the Historic Preservation Committee reviewed the request
for construction of an addition to an existing second story of a pre-1941 single family residence
on property zoned R-1:8, found the project in conformance with the Residential Design
Guidelines, and recommended approval to the Director of Community Development of the Minor
Residential Development application with conditions.
WHEREAS, on August 15, 2018, the Notice of Pending Approval for the application was
mailed to surrounding property owners and occupants as required by the Town Code. The
property owners and occupants had ten days from the Notice of Pending Approval in which to
review the application and to notify the Planning Director in writing of any concerns.
WHEREAS, on September 4, 2018, the Town received written objections from the
neighbor at 9 Peralta Avenue with concerns that could not be resolved with the applicant.
Pursuant to Town Code, the application was scheduled on the next available Planning
Commission agenda for consideration.
WHEREAS, on December 12, 2018, the Planning Commission continued the application
without consideration to January 23, 2019 per the request of the objecting neighbor and the
ATTACHMENT 13
Draft Resolution to
be modified by Town
Council deliberations
and direction.
applicant due to the applicant’s inadvertent inaccurate noticing of the hearing date which was
sent to neighbors and posted at the site.
WHEREAS, on January 23, 2019, the Historic Preservation Committee reviewed window
modifications on the southern elevation proposed by the applicant to address the neighbor’s
privacy concerns. The Historic Preservation Committee recommended approval of the request
with conditions.
WHEREAS, on January 23, 2019, the Planning Commission continued the application to
February 13, 2019 per request of the objecting neighbor and three other members of the public
who were not able to attend the January 23, 2019 hearing date.
WHEREAS, on February 13, 2019, the Planning Commission held a public hearing and
considered a request for construction of an addition to an existing second story of a pre -1941
single-family residence on property zoned R-1:8. The Planning Commission approved the Minor
Residential Development application subject to additional conditions.
WHEREAS, on February 25, 2019, the appellant filed an appeal of the decision of the
Planning Commission approving the request for construction of an addition to an existing second
story of a pre-1941 single-family residence on property zoned R-1:8.
WHEREAS, this matter came before the Town Council for public hearing on April 2, 2019,
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 April 2, 2019, along with any and all subsequent reports and materials
prepared concerning this application.
WHEREAS, the Town Council finds as follows:
A. The Town Council makes 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 .
NOW, THEREFORE, BE IT RESOLVED:
1. The appeal of the decision of the Planning Commission approving a request for
construction of an addition to an existing second story of a pre -1941 single family residence on
property zoned R-1:8 is granted and the application is remanded to the Planning Commission for
further consideration.
2. The decision does not constitute a final administrative decision and the application s
will be returned to Planning Commission for further consideration.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los
Gatos, California, held on the 2nd day of April, 2019, by the following vote:
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE: ___________________
ATTEST:
CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE: ___________________
S:\COUNCIL REPORTS\2019\04-02-19\Peralta Ave Appeal\Attachment 13 - Draft Resolution to Grant the Appeal and Remand the Project.docx
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