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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 N. N V KPSOS >4USlinWIh 15?d3 .4ppiowApp¢.d dnaz This Page Intentionally Left Blank