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Attachment 10RESOLUTION 2017-____ RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS APPROVING THE REQUEST TO CONSTRUCT A CANOPY OVER AN EXISTING PATIO ON PROPERTY ZONED C-1:PD. APN: 529-34-108 ARCHITECTURE AND SITE APPLICATION: S-17-013 PROPERTY LOCATION: 106 E. MAIN STREET PROPERTY OWNER: TOWN OF LOS GATOS APPLICANT: MEHDI DALVAND, THE MIDGLEN STUDIO WHEREAS, the applicant requests approval to construct a canopy over an existing patio on property zoned C-1:PD; and WHEREAS, this matter was regularly noticed in conformance with State and Town law and came before the Town Council for public hearing on June 6, 2017; and WHEREAS, the Town Council received testimony and documentary evidence from the applicant and all interested persons who wished to testify or submit documents. The Town Council considered all testimony and materials submitted, including the packet of material contained in the Council Agenda Report for its meeting on June 6, 2017, along with any and all subsequent reports and materials prepared concerning this application; and WHEREAS, the Town Council continued the matter to a date certain of June 20, 2017, requesting additional information from staff; and WHEREAS, this matter came before the Town Council for public hearing on June 20, 2017; and WHEREAS, the Town Council received testimony and documentary evidence from the applicant and all interested persons who wished to testify or submit documents. The Town Council considered all testimony and materials submitted, including the packet of material Draft Resolution to be modified by Town Council deliberations and direction. contained in the Council Agenda Report for its meeting on June 20, 2017, along with any and all subsequent reports and materials prepared concerning this application; and WHEREAS, the Town Council determined that the deck/patio area north of the building in which the Los Gatos Museum Association is located, is not included in the 11,604 square feet of lease premises set forth in the Lease Agreement and Exhibit A thereto, and is instead considered part of the shared common space that can be used by the Los Gat os Museum Association, the Friends of the Library, and the Town; and WHEREAS, the Town Council approved the application subject to the Conditions of Approval attached hereto as Exhibit A and development plans attached hereto as Exhibit B; and WHEREAS, the Town Council finds as follows: A. The project is Categorically Exempt pursuant to the adopted Guidelines for the Implementation of California Environmental Quality Act, Section 15303: New Construction or Conversion of Small Structures; and B. The project is in compliance with the Commercial Design Guidelines; and C. As required by Section 29.20.150 of the Town Code, the considerations in review of an Architecture and Site application were all made in reviewing this project. NOW, THEREFORE, BE IT RESOLVED: 1. Architecture and Site application S-17-013 to construct a canopy over an existing patio is approved. 2. The Conditions of Approval attached hereto as Exhibit A are hereby adopted. 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 20th day of June, 2017 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:\DEV\RESOS\2017\E. Main Street 106 - Resolution Approve - 06-20-17 - ADD.docx