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2002-023-Denying An Appeal Of A Decision Of The Planning Committee Property 16840 Cypress Way.RESOLUTION 2002 - 23 RESOLUTION .DENYING AN APPEAL OF A DECISION OF THE PLANNING COMMISSION DENYING ARCHITECTURE AND SITE APPLICATION S-O1-50 FOR A SWIMMING POOL, NEW LANDSCAPING, .AND RETAINING WALLS DN PROPERTY ZONED HR-1. ARCHITECTURE AND SITE APPLICATION: S-Ol-SO PROPERTY LOCATION: 16840 CYPRESS WAY PROPERTY OWNER /APPLICANT /APPELLANT: ALI AMIDY WHEREAS: A. This matter came before Council for public hearing on February 19, 2002, on an appeal by .Ali Amdy 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 February 14, 2002, along with subsequent reports and materials prepared concerning this application. C. The applicant is requesting .approval to construct a swimming pool, patio areas, fountain, arbor structure, and other landscaping improvements. .Applicant is also proposing to ---~ reconstruct and widen a portion of the existing driveway. Several retaining walls are proposed to be rebuilt along the existing driveway and near to the .existing house, .and two new walls less than four feet high are proposed for the rear yard. D. The Planning Commission first heard the application, on May 23, 2001 and requested substantial revisions to the design of the landscaping and denied the application for the caretakers quarters, OnNovember 7,.200, the Commission considered the application and requested additional changes. The Planning Commission denied the application at its meeting of December 5, 2001. E. Appellant claims that. the Planning Commission erred or abused its. discretion .and _ _, __ erroneously introduced geotechnical concepts thathad notpreviouslybeen brought to the applicant's attention. F. The Planning Commission decision was correct. Having reviewed the transcript of the Commission's comments in deciding the application, it is plainly evident thatthe decision to the deny the application was based on the merits of the application, and was not made to comply with thetime limits specified in the Permit Streamlining Act. Each member of the Commission expressed a view about the project's merits. Commissioner Muller expressed concern about .cumulative impacts and whether the project complied with the Town's Hillside Standards. Commissioner Drexel noted the legitimate engineering concerns of the neighbors. Commissioner Quintana felt that the information before the Commission was insufficient to address the engineering issues that had been raised concerning the project. Commissioner Marcucci .agreed with the comments of Commissioners Quintana and Muller and added that her concern about the prof ect's safety was .not allayed by the information then before the Commission. Finally, Chairman Lyon seconded the motion to deny adding his view thatnumerous engineering issues remained to be resolved before the project could be approved. RESOLVED: 1. The appeal of the .decision of the Planning Commission on Architecture and Site Application S-O1-50 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 4t" day of March, 2002 by the following vote. COUNCIL .MEMBERS: AYES: Steven Blanton, Sandy Decker,. Steve Glickman, Joe Pirzynski, Mayor Randy Attaway NAYS: None ABSENT: None ABSTAIN: None SIGNED: ~ MAYOR HE TO F LOS GATOS LOS GATOS, CALIFO IA ATTEST: CLERK OF THE TOWN OF LOS CTA S LOS GATOS, CALIFORNIA