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