Attachment 09
RESOLUTION 2017-___
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
GRANTING AN APPEAL OF A DECISION OF THE PLANNING
COMMISSION DENYING A REQUEST TO CONSTRUCT A NEW SINGLE-FAMILY
RESIDENCE AND REMOVE A LARGE PROTECTED TREE ON VACANT
PROPERTY ZONED R-1:20 AND REMANDING THE MATTER TO THE PLANNING
COMMISSION FOR FURTHER CONSIDERATION.
APN: 529-37-042
ARCHITECTURE AND SITE APPLICATION: S-16-052
MITIGATED NEGATIVE DECLARATION ND-17-001
PROPERTY LOCATION: 26 ALPINE AVENUE
PROPERTY OWNER/APPELLANT: TOBY AND SUSAN COREY
APPLICANT: TOM SLOAN
WHEREAS, on July 26, 2017, the Planning Commission held a public hearing and
considered a request to construct a new single-family residence and remove a large protected
tree on vacant property zoned R-1:20.
WHEREAS, on July 26, 2017, the Planning Commission denied the Architecture and Site
application.
WHEREAS, on August 7, 2017, the property owner filed an appeal of the decision of the
Planning Commission denying a request to construct a new single-family residence and remove
a large protected tree on vacant property.
WHEREAS, this matter came before the Town Council for public hearing on December
19, 2017, and was regularly noticed in conformance with State and Town law.
WHEREAS, the Town Council received testimony and documentary evidence from the
appellants and all interested persons who wished to testify or submit documents. The Town
Council considered all testimony and materials submitted, including the record of the Planning
ATTACHMENT 9
Draft Resolution to
be modified by Town
Council deliberations
and direction.
Commission proceedings and the packet of material contained in the Council Agenda Report for
their meeting on December 19, 2017, along with any and all subsequent reports and materials
prepared concerning this application.
WHEREAS, Council makes one or more of the following findings, in accordance with
Town Code section 29.20.300:
1. Where there was error or abuse of discretion on the part of the Planning
Commission; or
2. New information was submitted to the Council during the appeal process that was
not readily and reasonably available for submission to the Commission; or
3. An issue or policy over which the Commission did not have discretion to modify or
address, but which is vested in the Council for modification or decision.
NOW, THEREFORE, BE IT RESOLVED:
1. The appeal of the decision of the Planning Commission denying a request to
construct a new single-family residence and remove a large protected tree on vacant property
zoned R-1:20 is granted and the application is remanded to the Planning Commission for
further consideration.
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.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los
Gatos, California, held on the 19th day of December, 2017, 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
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