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06 Attachment 10 - Draft Resolution to Grant Appeal and Remand Project to Planning Commission RESOLUTION 2020-___ RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS GRANTING 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 AND REMANDING THE MATTER TO THE PLANNING COMMISSION FOR FURTHER CONSIDERATION. 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 sub mit 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. ATTACHMENT 10 Draft Resolution to be modified by Town Council deliberations and direction. 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 property zoned HR-2 ½:PD is granted and the application is remanded to the Planning Commission for further consideration; and 2. The decision does not constitute a final administrative decision and the application s will be returned to Planning Commission for further consideration. 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 10 - Draft Resolution to Grant Appeal and Remand Project to Planning Commission.docx