1997-140-Denying An Appeal Of An Architecture And Site Approval To Construct A New Single Family Residence IN The Hr-1 ZoneRESOLUTION 1997 - 140
ADOPT RESOLUTION DENYING AN APPEAL OF A PLANNING COMMISSION
DECISION DENYING AN APPEAL OF AN ARCHITECTURE AND SITE APPROVAL TO
CONSTRUCT A NEW SINGLE FAMILY RESIDENCE IN THE HR -I ZONE
PROJECT APPLICATION: PRJ -97 -119
PROPERTY LOCATION: 550 SANTA ROSA DRIVE
APPLICANT: MAHSHID AKHAVAN
PROPERTY OWNER MARYAM RAHIMIAN
APPELLANT: MICHAEL BURKE
WHEREAS:
A. This matter came before the Council for public hearing on December 1, 1997, on an
appeal by the appellant from a decision of the Planning Commission and was regularly noticed in
conformance with State and Town law.
B. On October 8, 1997 the Planning Commission approved the application to construct
a 5,500 square foot two -story house on a 1.9 acre lot that is zoned HR -1 (Hillside Residential).
C. Appellant is appealing the Planning Commission's decision because the necessary
authority to impose mitigation measures to ensure against fire danger and the loss of life to the
satisfaction of the Appellant were beyond the scope of the Planning Commission. Further, that
erosion problems caused by diverted drainage on an adjoining parcel were not adequately studied or
made clear to the Commission.
D. The Council received testimony and documentary evidence from the applicant and all
interested persons who wished to testify or submit documents. The 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 25, 1997, concerning this
application.
E. The Planning Commission decision was correct.
RESOLVED:
The appeal of the decision of the Planning Commission on Project PRJ -97 -119 is
therefore 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 forjudicial 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 or federal law.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los
Gatos, California, held on the 15th day of December, 1997 by the following vote.
COUNCIL MEMBERS:
AYES: Randy Attaway, Joanne Benjamin, Steven Blanton, Jan Hutchins,
Mayor Linda Lubeck
NAYS: None
ABSENT: None
ABSTAIN: None�'J
SIGNED: �G' Ec�e-
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK OF THE TOWN OF LO GATOS
LOS GATOS, CALIFORNIA NASHAR6\ HINHAIRES