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2010081606 - Attachment 1RESOLUTION 2010- RESOLUTION DENYING AN APPEAL OF A PLANNING COMMISSION DECISION DENYING A REQUEST TO DEMOLISH ASINGLE-FAMILY RESIDENCE, TO SUBDIVIDE A .93 ACRE PROPERTY INTO THREE LOTS AND TO CONSTRUCT TWO NEW SINGLE-FAMILY RESIDENCES ON PROPERTY ZONED R-1:8 APN: 527-42-008 TENTATIVE MAP APPLICATION: M-OS-13 ARCHITECTURE AND SITE APPLICATIONS: S-OS-30, 5-09-33 & S-09-34 NEGATIVE DECLARATION: ND-09-02 PROPERTY LOCATION: 15928 UNION AVENUE PROPERTY OWNER: 217 O'CONNOR, LLC APPLICANT/APPELLENT: TONY JEANS WHEREAS: A. This matter came before the Town Council for public hearing on August 16, 2010, 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 August 5, 2010, along with subsequent reports and materials prepared concerning this application. C. The applicant proposed to demolish aone-story single-family residence, to subdivide a .93 acre parcel into three lots, and to construct new two-story single-family homes on two of the proposed lots on property zoned R-1:8 located on the east side of Union Avenue, just north of Leewood Court. The property is currently developed with a 1,010 square foot one-story residence with attached garage. Adjacent properties are all developed with single-family homes. D. The Plamiing Conunission considered the applications on June 9, 2010, and voted to deny the Subdivision application based on Findings that the proposed subdivision is not ATTACHMENT 1 consistent with the goals of the General Plan, the site is not suitable for the proposed development, and that the site is not suitable for the proposed density. The Commission also determined that the proposed parcel configurations and resulting building envelopes and proposed house sizes are not consistent or compatible with the existing lot pattern and development in the immediate and most affected neighborhood (Panorama Way and Union Avenue). The Architecture and Site applications were a defacto denial as they could not be processed without approval of the subdivision. r. The applicant appealed the decision of the Planning Cornrnission based on his belief that the Planning Commission erred in its decision in finding that the subdivision application is not consistent with the surrounding neighborhood, and in finding that the site is not physically suitable for the proposed density and/or type of development. G. The decision of the Planning Commission was correct. H. Council incorporates the findings of the Planning Commission made on June 9, 2010. 12ESOLVED: t. The appeal of the decision of the Planning Commission on Subdivision application M-08-13 and Architectural and Site Applications 5-08-30, 5-09-33 and 5-09-34 is denied. 2. The decision constitutes a fmal adminishative 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 shm-ter 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 16th day of August 2010, by the following vote. COUNCIL MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: SIGNED: MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA N:\DLV\RGSOS\Union 15928-appeaLrtf This Page Intentionally Left Blank