Attachment 13 Grant App and DenyDraft Resolution to
be modified by Town
RESOLUTION 2015- Council deliberations
and direction.
RESOLUTION OF THE TOWN COUNCIL
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
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 'h: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
their meeting on May 5, 2015, along with any and all subsequent reports and materials prepared
concerning this application.
ATTACHMENT 13
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:
1. 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 ' /z:PD is granted.
2. The application requesting to construct a new single- family residence on property
zoned HR -2 %:PD is denied.
3. 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 51h 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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