2011-072 - Deny Appeal of PC decesion to modifications at 100 Conastnace CourtRESOLUTION 2011 -072
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
DENYING AN APPEAL OF A PLANNING COMMISSION DECISION APPROVING A
MODIFICATION OF AN APPROVED ARCHITECTURE AND SITE APPLICATION TO
CONSTRUCT A NEW SINGLE FAMILY RESIDENCE ON PROPERTY ZONED
R- 1:8:PD.
APN: 523 -25 -052
ARCHITECTURE AND SITE APPLICATION: S -11 -054
PROPERTY LOCATION: 100 COSTANCES COURT
PROPERTY OWNER: MISSION WAY PARTNERS LLC
APPLICANT: SANFORD HAVENS
APPELLANT: DAVID CRITES
WHEREAS, this matter came before the Town Council for public hearing on December 5,
2011, and was regularly noticed in conformance with State and Town law.
WHEREAS, the appellant seeks an appeal of a Planning Commission decision approving
a modification of an approved Architecture and Site application to construct a new single family
residence on property zoned R- 1:8:PD.
WHEREAS, the Planning Commission considered the request on October 12, 2011, voted
7 -0 to approve the modification to the Architecture and Site application with the conclusion that
changes were consistent with the approved Linda Avenue Planned Development.
WHEREAS, Council received testimony and documentary evidence from the applicant
and all interested persons who wished to testify or submit documents. 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 for December 5, 2011, along with any
and 0 subsequent reports and materials prepared concerning this application.
WHEREAS, Council finds as follows:
1. The Planning Commission did not err in its decision.
NOW, THEREFORE, BE IT RESOLVED THAT the appeal of a Planning Commission
decision for modification of Architecture and Site application S -11 -054 is denied.
BE IT FURTHER RESOLVED 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 on the 5` day of December 2011, by the following vote:
COUNCIL MEMBERS:
AYES: Steven Leonardis, Diane McNutt, Joe Pirzynski, Barbara Spector, and Mayor Steve Rice
NAYS:
ABSENT:
C . 1►
SIGNED
MAYOR OF THE OWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST: p
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA