2010081606 - Attachment 2RESOLUTION 2010-
RESOLUTION GRANTING AN APPEAL OF A PLANNING COMMISSION DECISION
DENYING A REQUEST TO DEMOLISH ASINGLE-FAMILY RESH)ENCE, TO
SUBDIVIDE A .93 ACRE PROPERTY INTO THREE LOTS AND TO CONSTRUCT
TWO NEW SINGLE-FAMILY RESH)ENCES ON PROPERTY ZONED R-1:8
APN: 527-42-008
TENTATIVE MAP APPLICATION: M-08-13
ARCHITECTURE AND SITE APPLICATIONS: 5-08-30, 5-09-33 & 5-09-34
NEGATIVE DECLARATION: ND-09-02
PROPERTY LOCATION: 15928 UNION AVENUE
PROPERTY OWNER: 217 O'CONNOR, LLC
APPLICANT/APPELLENT: TONY JEANS
WHEREAS:
A. This matter came before the Town Council for public hearing on August 16, 2010,
and was regularly noticed in conformance with State and Town law.
B. Council received testimony and documentary evidence from the appellant and all
interested persons who wished to testify or submit documents. 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 dated August 5, 2010, along with
subsequent reports and materials prepared concerning this application.
C. The applicant proposed to demolish aone-story single-family residence, to
subdivide a .93 acre parcel into three lots, and to construct new two-story single-family homes on
two of the proposed lots on property zoned R-1:8 located on the east side of Union Avenue, just
north of Leewood Court. The property is currently developed with a 1,010 square foot one-story
residence with attached garage. Adjacent properties are all developed with single-family homes.
D. The Planning Commission considered the applications on June 9, 2010, and voted
to deny the Subdivision application based on findings that the proposed subdivision is not
ATTACffi4.NT 2
consistent with the goals of the General Plan, the site is not suitable for the proposed
development, and that the site is not suitable for the proposed density. The Commission also
determined that the proposed parcel configurations and resulting building envelopes and
proposed house sizes are not consistent or compatible with the existing lot pattern and
development in the immediate and most affected neighborhood (Panorama Way and Union
Avenue). The Architecture and Site applications were a defacto denial as they could not be
processed without approval of the subdivision.
E. The applicant appealed the decision of the Planning Commission based on his
belief that the Planning Commission erred in its decision in fmding that the subdivision
application is not consistent with the surrounding neighborhood, and in finding that the site is not
physically suitable for the proposed density and/or type of development.
G. The Planning Commission erred in its decision
H. Council incorporates the findings for approval attached at Exhibit A.
RESOLVED:
1. The appeal of the decision of the Planning Commission on Subdivision
application M-08-13 and Architectural and Site Applications 5-08-30, 5-09-33 and 5-09-34 is
denied.
2. The decision constitutes a final admuustrative 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.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of
Los Gatos, California on the 16th day of August 2010, 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
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TOWN COUNCIL -AUGUST 16, 2010
REQUIRED FINDINGS FOR:
15928 Union Avenue
Subdivision Application M-08-13
Architecture and Site Application 5-08-30
Requesting approval to demolish an existing single family residence and to subdivide a .93 acre
parcel into three lots on properly zoned R-1:8. No significant environmental impacts have been
identified as a result of this project and a Mitigated Negative Declaration is recommended. APN
527-42-008.
PROPERTY OWNER: 217 O'Connor LLC
APPLICANT: Tony Jeans, T.H.LS. Design
FINDINGS:
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 house will be replaced and two
additional homes will be built.
2. The existing structure has no architectural or historical significance.
3. The property owner does not desire to maintain the structure as it exists; and
4. The economic utility of the structure is poor and would not be cost effective to repair
and remodel.
State Subdivision Map Act:
None of the following findings for denial specified in Section 66474 ofthe State Subdivision
Map Act can be made.
a. The proposed map is consistent with applicable general and specific plans as
specified in Section 65451.
b. The design or improvement of the subdivision is consistent with applicable general
and specific plans.
c. The site is physically suitable for the type of development.
d. The site is physically suitable for the proposed density of development.
e. The design of the subdivision or the proposed improvements will not cause
substantial environmental damage or substantially and avoidably injure fish or
wildlife or their habitat.
£ The design of the subdivision or type of improvements will not cause serious public
health problems.
g. The design of the subdivision or the type of improvements will not conflict with
easements, acquired by the public at large, for access through or use of, property
within the proposed subdivision.
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TOWN COUNCIL -AUGUST 16, 2010
REQUIRED FINDINGS FOR:
15928 Union Avenue -Parcels 2 and 3
Architecture and Site Applications 5-09-33 & 5-09-34
Requesting approval to construct two new single-family residences on vacant parcels created by a
three-lot subdivision on property zoned R-1:8. APN 527-42-008.
PROPERTY OWNER: 217 O'Connor LLC
APPLICANT: Tony Jeans, T.H.LS. Design
FIlVDINGS:
Required fnding for CEQA:
An Initial Study and Mitigated Negative Declaration (MND) were prepared for the Tentative Map.
No further environmental analysis is required for the individual site development.
Required Compliance with Residential Design Guidelines:
The project was reviewed by the Town's Consulting Architect and is in compliance with the
Residential Design Guidelines.
CONSIDERATIONS:
Required considerations in review of applications:
As required by Section 29.20.150 ofthe Town Code, the considerations in review of an architecture
and site application were all made in reviewing this project.
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