10 Staff Report - 520 Santa Rosa Drive
DATE: TO: FROM: COUNCIL AGENDA REPORT October 5, 2004 ORRY P. KORB, TOWN MEETING DATE: 10/18/04 ITEM NO. 10 SUBmCT: ADOPT RESOLUTION
DENYING APPEAL OF A DECISION OF THE PLANNING COMMISSION DENYING APPROVAL TO CONSTRUCT A NEW SINGLE RESIDENCE ON PROPERTY ZONED HR-2 Yi. ARCHITECTURE AND SITE APPLICATION: S-04-055.
PROPERTY LOCATION: 520 SANTAROSADRIVE. PROPERTYOWNER/APPLICANT: JOHN JAHAN AND MAC SABERI. APPELLANT: MAC SABERI RECOMMENDATION: Adopt resolution confirming Council action on October
4, 2004. DISCUSSION: OnOctober 4, 2004, Council denied the appeal ofa decision ofthe Planning Commissionconcerning the construction of a new single family residence on property located
at 520 Santa Rosa Drive. Attachments: Resolution Distribution: Mac Saberi, 1095 Branham Lane, #205-B, San Jose, CA 95136 PREPARED BY: ORRY P. KORB, TOWN ATTORNEY OPK:LMB/wp [N:\ATYlSanta-Rosa.TCR.wpd
] Reviewed by: Rev: 10/5/04 10: Reformatted: 7/19/99 Assistant Town Manager Community Development Clerk File# 301-05
RESOLUTION ADOPT RESOLUTION DENYING APPEAL OF A DECISION OF THE PLANNING COMMISSION DENYING APPROVAL TO CONSTRUCT A NEW SINGLE FAMILY RESIDENCE ON PROPERTY ZONED HR-2 Y2 ARCHITECTURE
AND SITE APPLICATION: S-04-055. PROPERTY LOCATION: 20 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 storyhome 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. RESOLVED: 1. The appeal ofthe decision
ofthe Planning Commission on Architecture and Site Application is denied. 2. The decision constitutes a final administrative decision pursuant to Code ofCivil Procedure Page 1 of 2
section 1094.6 as adopted by section 1.10.085 ofthe Town Code ofthe Town ofLos Gatos. Any application for judicial relief from this decision must be sought within the time limits and
pursuant to the procedures established by Code ofCivil 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 day of , 2004 by the following vote. COUNCIL MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: ATTEST: SIGNED: MAYOR OF THE TOWN OF
LOS GATOS LOS GATOS, CALIFORNIA CLERK OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA N:\ATY\Santa-Rosa.RES.wpd Page 2 of 2