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1978-128-Affirming A Decision Of The Town Planning CommissionRESOLUTION NO. 1978 -128 A RESOLUTION AFFIRIII14G A DECISION OF THE TOWN PLANNING COMMISSIOIS WHEREAS, the Los Gatos Homeowners' Association has duly and regularly filed an appeal with the Town Council, from a decision of the Town Planning Commission as follows: approval of Environmental Impact Report EIR 73 -13A and Condi- tional Use Permit Application U -76 -1B for a project known as the Toll House, to be located at 120 South Santa Cruz Avenue. WHEREAS, pursuant thereto, a public hearing with respect to said appeal has been duly and regularly held by the Town Council; and WHEREAS, the Town Council, on motion, voted to sustain the appeal, but only by a three to two vote, and not by the four - fifths vote required by ordinance, and the Council are unable to arrive at a different determination of the matters. RESOLVED: The proceedings on appeal from the Planning Commission decisions in matters EIR 73 -13A and U -76 -18 are terminated. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos this 7th day of August, 1978, by the following votes: AYES: COUNCIL MEMBERS: Ruth Cannon and John B. Lochner. NOES: COUNCIL MEMBERS: Thomas J. Ferrite, Peter W. Siemens and Mayor Mardi Gualtieri. ABSTAIN:COUNCIL MEMBERS: None. ABSENT: COUNCIL MEMBERS: None. SIGNED:uw-e�r__1L Mayor, Town of Los Gatos ATTEST: Town Clerk, To# of Los Gatos