06 Attachment 9 - Draft Resolution to Deny Appeal and Approve ProjectATTACHMENT 9
RESOLUTION 2020-
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
DENYING AN APPEAL OF THE DECISION OF THE PLANNING COMMISSION APPROVING
A REQUEST FOR CONSTRUCTION OF A NEW SINGLE-FAMILY RESIDENCE
AND REMOVAL OF LARGE PROTECTED TREES
ON A VACANT PROPERTY ZONED HR-2 1/2:PD.
APN 527-09-036
ARCHITECTURE AND SITE APPLICATION: S-18-052
PROPERTY LOCATION: 15365 SANTELLA COURT
APPELLANT: DAVID WEISSMAN
APPLICANT: HARI SRIPADANNA
PROPERTY OWNER: CHRISTIAN AND HELLEN OLGAARD
WHEREAS, on January 8, 2020, the Planning Commission held a public hearing and
considered a request for construction of a new single-family residence and removal of large
protected trees on a vacant property zoned HR-2 ½:PD. The Planning Commission approved the
Architecture and Site application subject to conditions of approval; and
WHEREAS, on January 17, 2020, the appellant filed an appeal of the decision of the
Planning Commission approving the request for construction of a new single-family residence
and removal of large protected trees on a vacant property zoned HR-2 ½:PD; and
WHEREAS, this matter came before the Town Council for public hearing on March 3, 2020,
and was regularly noticed in conformance with State and Town law; and
WHEREAS, the Town Council received testimony and documentary evidence from the
appellant and all interested persons who wished to testify or submit documents. 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
their meeting on March 3, 2020, along with any and all subsequent reports and materials
prepared concerning this application.
NOW, THEREFORE, BE IT RESOLVED:
1. The appeal of the decision of the Planning Commission approving a request for
construction of a new single-family residence and removal of large protected trees on vacant
Draft Resolution to
be modified by Town
Council deliberations
and direction.
ATTACHMENT 9
property zoned HR-2 ½:PD is denied and the application is approved;
2. The Town Council hereby adopts all findings, considerations, and conditions of
approval set forth in the documents attached as Exhibits A and B; and
3. 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 suc h
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 3rd day of March, 2020, by the following vote:
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE: ___________________
ATTEST:
TOWN CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE: ___________________
N:\DEV\TC REPORTS\2020\Santella Ct 15365- Appeal\Attachment 9 - Draft Resolution to Deny Appeal and Approve Project.docx