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02 Staff Report - 930 Cherrystone Drive~pW N OF ` s COUNCIL AGENDA REPORT ~g GA'~0 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