08 Attachment 7 - Draft Resolution to Grant Appeal and Deny ProjectATTACHMENT 7
RESOLUTION 2020-___ RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS GRANTING AN APPEAL OF THE DECISION OF THE PLANNING COMMISSION AND DENYING THE REQUEST FOR A ZONING CONSISTENCY DETERMINATION AND A CONDITIONAL USE PERMIT FOR A BANK (CHARLES SCHWAB COMMUNITY BANKING AND INVESTMENT SERVICES) ON PROPERTY ZONED C-2:LHP:PD.
APN 529-02-044
ARCHITECTURE AND SITE APPLICATION: U-20-009
PROPERTY LOCATION: 35 UNIVERSITY AVENUE
APPELLANT: LOS GATOS CHAMBER OF COMMERCE
APPLICANT: AMBER DEMAGLIO
PROPERTY OWNER: SRI OLD TOWN, LLC
WHEREAS, on November 11, 2020, the Planning Commission held a public hearing and
considered a request for a zoning consistency determination and a Conditional Use Permit (CUP)
for a bank (Charles Schwab Community Banking and Investment Services) on property zoned
C-2:LHP:PD. The Planning Commission determined that the proposed use is a bank and approved
a CUP subject to conditions of approval.
WHEREAS, on November 19, 2020, the appellant filed an appeal of the decision of the
Planning Commission approving the zoning consistency determination and a CUP for a bank
(Charles Schwab Community Banking and Investment Services) on property zoned C-2:LHP:PD.
WHEREAS, this matter came before the Town Council for public hearing on December 15,
2020, and was regularly noticed in conformance with State and Town law.
WHEREAS, the Town Council received testimony and documentary evidence from the
appellant 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
their meeting on December 15, 2020, along with any and all subsequent reports and materials
prepared concerning this application.
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 a zoning
consistency determination and a CUP for a bank (Charles Schwab Community Banking and
Investment Services) on property zoned C-2:LHP:PD is granted and the application 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 15th day of December 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: ___________________