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1996-080-Deny A Request For Approval Of Plans To Convert An Existing Single Family Residence To Commercial/Office Use On Property Located ON The CH ZoneRESOLUTION 1996 -80 RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DENYING APPEAL OF PLANNING COMMISSION DECISION TO DENY A REQUEST FOR APPROVAL OF PLANS TO CONVERT AN EXISTING SINGLE FAMILY RESIDENCE TO COMMERCIAL /OFFICE USE ON PROPERTY LOCATED IN THE CH ZONE ARCHITECTURE AND SITE APPLICATION 5- 95 -46. PROPERTY LOCATED AT 15780 LOS GATOS BOULEVARD, PROPERTY OWNER: JOHN TRIPP. WHEREAS: A. This matter came before the Council for public hearing on June 3, 1996, on an appeal by the property owners from a decision of the Planning Commission and was regularly noticed in conformance with State and Town law. B. This matter had originally been heard by the Council on February 5, 1996, at which time the Council had returned the application to the Planning Commission for further review because the property owner had submitted revised plans; the Council's February action is contained in Resolution No. 1996 -19. C. The Council received testimony and documentary evidence from the property owner and all interested persons who wished to testify or submit documents. The Council considered all testimony and materials submitted, including the record of the Planning Commission proceedings and the packet and documents attached to the Council Agenda Reports dated May 24, 1996, concerning this application. D. The proposed commercial use would not have any vehicular access from Los Gatos Boulevard, a commercial street; instead, visitors to the site would enter the site from the residential street, Farley Road. E. The Town has discouraged commercial projects that would bring traffic into or through residential neighborhoods. F. The present application does not represent the best planning for the site. G. The denial of the application by the Planning Commission was correct. RESOLVED: 1. The appeal of the decision of the Planning Commission on Architecture and Site Application S -95 -46 is therefore denied. This 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 or federal law. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 17th day of June, 1996 by the following vote. COUNCIL MEMBERS: AYES: Joanne Benjamin, Steven Blanton, Patrick O' Laughlin, Randy Attaway NAYS: Linda Lubeck ABSENT: ABSTAIN: SIGNED: MAYOR THE TOWN LOS GATOS LOS GATOS, CALIFOR A ATTEST: CLERK OF THE TOWN OF GATOS LOS GATOS, CALIFORNIA N: \SHARMATY0618.18