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Attachment 11 ATTACHMENT 11 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 ON VACANT PROPERTY ZONED HR-2 ½ APN: 527-09-006 ARCHITECTURE AND SITE APPLICATION: S-16-044 PROPERTY LOCATION: 15680 GUM TREE LANE PROPERTY OWNER: S&S DEVELOPMENT APPELLANT: DAVID WEISSMAN, AND LEE QUINTANA WHEREAS, on January 11, 2017, the Planning Commission held a public hearing and considered a request to construct a new single-family residence on vacant property zoned HR-2 ½. The Planning Commission approved the Architecture and Site application. WHEREAS, on January 19, 2017, Dave Weissman filed an appeal of the decision of the Planning Commission approving a request to construct a new single-family residence on vacant property. WHEREAS, on January 23, 2017, Lee Quintana filed an additional appeal of the decision of the Planning Commission approving a request to construct a new single-family residence on vacant property. WHEREAS, this matter came before the Town Council for public hearing on March 7, 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 Commission proceedings and the packet of material contained in the Council Agenda Report for Draft Resolution to be modified by Town Council deliberations and direction. their meeting on March 7, 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 on vacant property zoned HR-2 ½ is granted and Architecture and Site application S-16-044 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. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 7th day of March, 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 N:\SHARE\COUNCIL REPORTS\2017\03-07-17\Gum Tree Ln 15680\Attachment 11 - Draft Resolution to Grant Appeal and Deny project.docx This Page Intentionally Left Blank