2002-040- Denying Appeal Of A Decision Of The Planning Commission Approving Construction Of A New Family Residence On Property Zoned R-1:8 With ConditionsRESOLUTION 2002 - 40
RESOLUTION DENYING APPEAL OF A DECISION OF THE PLANNING COMMISSION
APPROVING CONSTRUCTION OF A NEW SINGLE FAMILY RESIDENCE ON PROPERTY
ZONED R-1 :8 WITH CONDITIONS
ARCHITECTURE & SITE APPLICATION: 5-99-21
PROPERTY LOCATION.: 17899 WEDGEWOOD AVENUE
PROPERTY OWNER: LOS GATOS WEDGEWOOD ROAD LLC
APPLICANT: STERN AND CHAMPION HOMEBUILDERS
APPELLANT: LOUIS HERNANDEZ AND DON CORDERO
WHEREAS:
A. This matter came before Council for public hearing on March 18, 2002, on an appeal by
Louis Hernandez and Don Cordero (appellants) 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 March 6, 2002, Desk Item dated March 18, 2002, along with
subsequent reports and materials prepared concerning this application.
C. The applicant is requesting approval to construct atwo-story residence on a 15,898 square
foot undeveloped parcel zoned R-L•8. The proposed structure would include a 1,498 square foot first floor
and a 1,402 square foot second floor, totaling 2,900 square feet. There is also an attached three-car garage
totaling 644 square feet.
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D The Planning Commission considered the matter on October 10,2001 and continued the
application to December 5, .2001. The item was continued to ensure that the transcript of the September 5,
2000 Town Council meeting would be provided to ensure that the Council's direction was met. The matter
was continued , as requested by the applicant, to January 23, 2002. The Commission considered the revised
plans and found that the applicant had met boththe Council's and Commission's direction and approved the
application.
E Appellant claims that the Planning Commission erred or abused its. discretion and that new
information is available that was not reasonably available at the time of the Commission's
decision.
F Council finds that the decision of the Planning Commission was correct. The Council
determined that the applicant has revised the project as required'by :Council pursuant to the
direction established in Council Resolution 2000-113 adopted on September 18, 2000.
RESOLVED:
1. The appeal ofthe decision ofthe Planning Commission on Architecture and Site Application
--- - 5-99-21 is denied.. The Conditions of Approval found at Attachment 2 of the Staff Report on this item
number 19, dated March b, 2002, are hereby applied to this application.
2. The decision constitutes a final administrative decision pursuant to Code of Civil Procedure
section 1094.6as adopted by section 1.10:085 of the Town Code of the 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 of Civil Procedure section 1094:6, or such shorter time as required by State and Federal
law.
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PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos,
California, on the 1St day of April, 2002 by the following vote.
COUNCIL, MEMBERS:
AYES: Steven Blanton, Sandy Decker, .Steve Glickman, Joe Pirzynski,
Mayor Randy Attaway.
NAYS: None
ABSENT: None
ABSTAIN: None
SIGNED:
MAYOR OF E TOWN O S GATOS
LOS GAT , CALIFORN
ATTEVST:
~~~ i9 l~C
CLERK OF THE TOWN OF LO;
LOS GATOS, CALIFORNIA
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