02 Staff Report - 930 Cherrystone Drive~pW N OF
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DATE: FEBRUARY 1, 2007
TO: MAYOR AND TOWN COUNCIL
FROM: ORRY P. KORB, TOWN ATTORNE
MEETING DATE: 02-5-2007
AGENDA ITEM:
SUBJECT: ADOPT RESOLUTION UPHOLDING A PLANNING COMMISSION
DECISION DENYING A REQUEST TO CONSTRUCT AN ADDITION THAT
EXCEEDS THE ALLOWABLE FLOOR AREA RATIO ON PROPERTY
ZONED R-1:8. ARCHITECTURE & SITE APPLICATION S-02-033.
APN 523-12-039. PROPERTY LOCATION: 930 CHERRYSTONE DRIVE.
PROPERTY OWNER/APPELLANT: JOAN HINKIN.
RECOMMENDATION:
Adopt resolution upholding the Planning Commission's decision to deny a request to construct
an addition that would exceeds the allowable floor area ratio on property zoned R-1:8. The
recommended resolution also denies review of appellant's revised plans as submitted on January
9, 2007 by the Planning Commission.
DISCUSSION:
On January 16, 2007, Council decided to uphold the Planning Commission's decision made on
November 8, 2006 denying a request to construct an addition that exceeds the allowable floor
area ratio on property zoned R-1:8. The attached resolution finalizes that decision.
Attachment: Proposed Resolution
Distribution: Joan Hinkin, 980 Cherrystone Drive, Los Gatos, CA 95032
PREPARED BY: ORRY P. KORB, TOWN ATTORNEY OPK:LMB/wp [N:kATY\Repoit 98O cherrysn,n Drive.wpd]
Reviewed by: own Manag Assistant Town Manager Clerk
Finance Communitv Development
Rev: 2/1/07 11:43 am -
Reformatted: 7/19/99 File# 30 1 -05
RESOLUTION
RESOLUTION UPHOLDING A PLANNING COMMISSION DECISION DENYING A
REQUEST TO CONSTRUCT AN ADDITION THAT EXCEEDS THE ALLOWABLE
FLOOR AREA RATIO ON PROPERTY ZONED R-1:8.
APN: 523-12-039
ARCHITECTURE AND SITE APPLICATION S-02-033
PROPERTY LOCATION: 980 CHERRYSTONE DRIVE
PROPERTY OWNER OWNERAAPPELLANT: JOAN HINKIN
WHEREAS:
A. This matter came before the Town Council for public hearing on January 16, 2007,
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 January 11, 2007, along with subsequent
reports and materials prepared concerning this application.
C. The appellant is requesting an appeal of a Planning Commission decision denying a
request to construct an addition that exceeds the allowable floor area ratio on property zoned R-1:8.
The appellant proposed to construct a second story addition, which exceeded the floor area ratio by
685 square feet.
D. The application was considered by the Planning Commission on November 8, 2006,
which acted to deny the project.
E. On January 9, 2007, the appellant submitted a revised plan to construct a 3,426
square foot two story home with a 417 square foot garage and a 2,411 square foot cellar. The
proposal exceeds the allowable floor area by 453 square feet. The proposed cellar exceeds the first
floor footprint by approximately 300 square feet and is inconsistent with the Town's Cellar Policy.
The maximum allowed floor area is 2,973 square feet for the house and 836 square feet for the
garage. This revised plan was not reviewed by the Planning Commission
F. The appellant claims that there is new information that was not reasonably
available at the time of the Planning Commission decision. The appellant stated that the plans
that were submitted by her architect were not accurate and that she would submit revised plans.
The appellant submitted revised development plans on January 9, 2007.
F. The decision of the Planning Commission was correct.
G. Council finds as follows:
1. The findings of the Planning Commission made on November 8, 2006 are
adopted and incorporated herein.
2. Appellant's revised plan submitted to Council on January 9, 2007 has a
minimal effect on the application that was presented to and denied by the Planning Commission
on November 8, 2007.
RESOLVED:
1. The appeal of the decision of the Planning Commission on Architectural and Site
Application 5-02-033 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.
2
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los
Gatos, California on the day of February 2007, by the following vote.
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK ADMINISTRATOR
TOWN OF LOS GATOS, CALIFORNIA