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2015-033 - Grant Appeal of 15343 Santella Ct and Remand to Planning CommissionRESOLUTION 2015 -033 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 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 %2: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. 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 %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 5u day of May, 2015, by the following vote: COUNCIL MEMBERS: AYES: Steve Leonardis, Rob Rennie, Marico Sayoc, Barbara Spector, Mayor Marcia Jensen NAYS: ABSENT: ABSTAIN: SIGNEC D; MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: a k\ , CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA