Attachment 12 Reso to GrantDraft Resolution to
RESOLUTION 2015- be modified by Town
Council deliberations
RESOLUTION OF THE TOWN COUNCIL and direction.
OF THE TOWN OF LOS GATOS
GRANTING AN APPEAL OF THE DECISION OF THE PLANNING COMMISSION
DENYING AN APPEAL OF A DEVELOPMENT REVIEW COMMITTEE DECISION
APPROVING A REQUEST TO CONSTRUCT A NEW SINGLE - FAMILY RESIDENCE
ON PROPERTY ZONED HR- 2' / ::PD
AND REMANDING THE MATTER TO THE PLANNING COMMISSION FOR
FURTHER CONSIDERATION
APN: 527 -09 -016
ARCHITECTURE AND SITE APPLICATION: S -14 -072
PROPERTY LOCATION: 15343 SANTELLA COURT (Lot 7)
APPLICANT /PROPERTY OWNER: DAVIDON HOMES
APPELLANT: DAVID WEISSMAN
WHEREAS, on March 11, 2015, the Planning Commission held a public hearing and
considered an appeal of a Development Review Committee (DRC) decision approving a request
to construct a new single - family residence property zoned HR -2 %z:PD. The Planning
Commission denied the appeal and approved the application.
WHEREAS, the appellant has filed an appeal of the decision of the Planning
Commission denying the appeal of a DRC decision approving a request to construct a new
single- family residence.
WHEREAS, this matter came before the Town Council for public hearing on May 5,
2015, and was regularly noticed in conformance with State and Town law.
WHEREAS, Town Council received testimony and documentary evidence from the
applicant, appellant and all interested persons who wished to testify or submit 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
ATTACHMENT 12
their meeting on May 5, 2015, along with any and all subsequent reports and materials prepared
concerning this application.
WHEREAS, Council finds as follows:
A. One or more of the following, in accordance with Town Code section 29.20.300:
1. Where there was error or abuse of discretion on the part of the Planning
Commission; or
2. New information was submitted to the Council during the appeal process that was
not readily and reasonably available for submission to the Commission; or
3. An issue or policy over which the Commission did not have discretion to modify
or address, but which is vested in the Council for modification or decision.
NOW, THEREFORE, BE IT RESOLVED:
The appeal of the decision of the Planning Commission denying an appeal of a
DRC decision approving a request to construct a new single - family residence on property zoned
HR -2 %2:PD is granted and the application is remanded to Planning Commission for further
consideration.
2. The decision does not constitute a final administrative decision and the
application 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 5`h day of May, 2015, by the following vote:
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
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