2004-126-Denying Appeal Of A Decision Of The Planning Commission Denying Approval To Construct A New Single Family Residence On Property ZonedRESOLUTION 2004 -126
'RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
DENYING APPEAL OF A DECISION OF THE
PLANNING COIVIMISSION DENYING.APPROVAL TO CONSTRUCT A
.NEW SINGLE FAMILY RESIDENCE ON PROPERTY ZONED HR-2 1/a
ARCHITECTURE AND SITE APPLICATION: 5=04-055.
PROPERTY LOCATION: 520 SANTA ROSA DRIVE.
PROPERTY OWNER/APPLICANT: JOHN JAHAN AND MAC SABERI.
APPELLANT: MAC SABERI
WHEREAS:
A. This matter came before Council for public hearing on October 4, 2004, on an appeal by
Mac Sabaeri (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 September 22, 2004, and Desk Item Report dated October
4, 2004, .along with subsequent reports and materials prepared concerning this application..
C. Applicant is proposing a 7,193 .square foot, two story home with a 928 square foot cellar and
a 816 square foot garage. On August 11, 2004 the Planning Commission denied the .application.
D. Appellant claims that the Planning Commission erred or abused its discretion and erroneously
failed to follow the Hillside Development Standards and Guidelines..
E. The Planning Commission decision was correct.
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RESOLVED:
1. The appeal of the decision of the Planning Commission on Architecture and Site Application
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 18`h day of October, 2004 by the following vote.
COUNCIL MEMBERS.:
AYES: Sandy Decker,. Diane McNutt, Joe Pirzynski, Mike Wasserman,.
Mayor Steve Glickman.
NAYS : None
ABSENT: None
ABS'T'AIN: None Q~'~~'
SIGNED: ~"``'~"`~ ~.
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK OF TIIB TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
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