2001-144-Denying An Appeal Of The Planning Commission Denying A Two Lot Subdivision Construction Of Two New Condo Units On 98 Forrest Avenue Property Owner : Daryoush MarhamatRESOLUTION 2001-144
RESOLUTION DENYING AN APPEAL OF ADECISION OF THE PLANNING COMMISSION
DENYING A TWO LOT SUBDIVISION, CONSTRUCTION OF TWO NEW CONDOMINIUM
UNITS, AND EXCEED THE FLOOR AREA RATIO ON PROPERTY ZONED RM:S-12.
SUBDIVISION APPLICATION: M-00-12.
ARCHITECTURE AND SITE APPLICATIONS: 5-00-71 AND 5-00-72.
PROPERTY LOCATION: 98 FORREST AVENUE.
PROPERTY OWNER/APPLICANT/APPELLANT: DARYOUSH MARHAMAT
WHEREAS:
A. This matter came before Council for publichearing on December 3, 2001, on an appeal by
Daryoush Marhamat (property owner/applicant/appellant) from a decision of the Planning Commission 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 November 27, 2001, along with subsequent reports and
materials prepared concerning this application.
C. The applicant is requesting approval to subdivide a 9,583 square foot parcel into two
condominium lots and construct two condominiums. The total proposed floor area is 3,099 square feet
excluding the garages, which is 96 square feet over the allowed floor area.
D. The Planning Commission considered this matter on July 11, 2001, and remanded the item
to the Development Review Committee with specific directions. The Planning Commission reconsidered
the matter on October 24, 2001 and denied the Subdivision and Architecture and Site application because
it would result in a subdivision that is inconsistent with the General Plan, the site is not physically suitable
for the proposed development, .and the proposed .footprints are not compatible with the site.
E. Appellant claims that the Planning Commission erred or abused its discretion when they
:denied the applications because this was the .first time the Commission had reviewed the current proposal
and did not remand which would have .allowed for possible redesign to incorporate the recommendations
of the .neighbors and the Commission.
F. The Planning Commission decision was correct.
RESOLVED:
The appeal ofthe decision of the Planning Commission on Subdivision Application M-00-12,
Architecture and Site Application 5-00-71 and 5-00 72 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, on the 17t~' day of December, 2001 by the following vote.
COUNCIL MEMBERS:
AYES: Steven .Blanton, Sandy Decker, Steve Glickman, JoePirzynski,
Mayor Randy Attaway.
:NAYS: None
ABSENT: None
,ABSTAIN: None
SIGNED:
MAYOR HE TOWN LOS GATOS
LOS GATOS, CALIFO IA
ATT~ES®T:
f `G
CLERK OF TTIE TOWN OF L GATOS
LOS GATOS, CALIFORNIA
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