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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