Attachment 6 Draft Reso Deny AppealDraft Resolution to
be modified by Town
RESOLUTION 2015- Council deliberations
and direction.
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 AND TO CONSTRUCT A NEW SINGLE - FAMILY RESIDENCE ON
PROPERTY ZONED R -1:8
APN: 424 -24 -042
ARCHITECTURE AND SITE APPLICATION: S -14 -036
PROPERTY LOCATION: 240 EL CAJON WAY
APPLICANT /PROPERTY OWNER/APPELLANT: DMITRY LEBEDENKO
WHEREAS, on March 11, 2015, the Planning Commission held a public hearing and
considered a request to demolish an existing single - family residence and to construct a new
single - family residence property zoned R -1:8. The Planning Commission denied the request.
WHEREAS, the appellant has filed an appeal of the decision of the Planning
Commission denying a request to demolish an existing single - family residence and to construct a
new single- family residence.
WHEREAS, this matter came before the Town Council for public hearing on April 21,
2015, 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 April 21, 2015, along with any and all subsequent reports and materials
prepared concerning this application.
ATTAcmmT 6
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.
B. The project is Categorically Exempt pursuant to Sections 15303 of the State
Environmental Guidelines as adopted by the Town in that the project consists of the
demolition and construction of a single - family residence;
C. As required by Section 29.10.09030(e) of the Town Code for the demolition of a
single - family residence, the Council could not make the following findings:
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 was not considered.
D. As required by Section 29.40.075 of the Town Code, the deciding body may allow a
FAR in excess of the FAR derived by the formulas in subsections (b)(1), (2), and (3)
if it makes two findings, and in this case, the Council could not make the second
finding as noted:
1. The design theme, sense of scale, exterior materials and details of the proposed
project are consistent with the provisions of:
a. Any applicable landmark and historic preservation overlay zone; and
b. Any applicable specific plan; and
c. The adopted residential development standards; and
2. The lot coverage, setbacks and FAR of the proposed project are not compatible
with the development on surrounding lots.
E. The project is not in compliance with the Residential Design Guidelines for single-
family homes not in hillside residential areas; and
F. As required by Section 29.20.150 of the Town Code, the considerations in review of
an Architecture and Site application were not made in reviewing this project.
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 and to construct a new single - family residence
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.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of
Los Gatos, California, held on the 21" day of April, 2015, 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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