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2007-012 - Denying Modification Of An Approved Architecture & Site Application Relating To Grading And Landscape Improvements On Property Zoned Hr -2 1/2 Apn: 537-24-013 Architecture And Site Application: S-06-066 Property Location: 15350 Suview Drive ProRESOLUTION 2007 -012 RESOLUTION GRANTING AN APPEAL OF A PLANNING COMMISSION DECISION DENYING MODIFICATION OF AN APPROVED ARCHITECTURE & SITE APPLICATION RELATING TO GRADING AND LANDSCAPE IMPROVEMENTS ON PROPERTY ZONED HR -2 1 /2 APN: 537 -24 -013 ARCHITECTURE AND SITE APPLICATION: S -06 -066 PROPERTY LOCATION: 15350 SUVIEW DRIVE PROPERTY OWNER/APPLICANT /APPELLANT: CHARLES HACKETT WHEREAS: A. This matter came before the Town Council for public hearing on January 16, 2007, and was regularly noticed in conformance with State and Town law. B. Council received testimony and documentary evidence from the applicant /appellant and all interested persons who wished to testify or submit documents. 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 dated January 16, 2007, along with subsequent reports and materials prepared concerning this application. C. The appeal concerns a Planning Commission decision denying a request for modifications to an approved Architecture and Site application related to grading and landscape improvements on property zoned HR -2 1 /2. On August 22, 2001, the applicant/appellant secured approval for a new hillside home and pool on the subject property; however, construction did not commence before architecture and site approval expired on August 22, 2003. The Planning Commission approved a new Architecture & Site application for the same construction on May 26, 2004, and construction began in July 2004. Since that time, applicant /appellant made additional improvements on the property without prior planning approvals, for which the applicant/appellant now seeks approval. D. The application was considered and denied by the Planning Commission on September 13, 2006. E. The applicant/appellant claims that the Planning Commission erred or abused its discretion in that the proposed improvements are consistent with the goals and objectives of the Town's Hillside Development Standards & Guidelines. F. The decision of the Planning Commission is reversed and the matter is hereby remanded to the Planning Commission for review. G. Council finds as follows: i. New information has been presented that was not readily or reasonably available for submission to the Planning Commission at the time the applicant/appellant's application was denied; to wit, expert testimony concerning the proposed improvements and testimony indicating that the improvements would not be visible to neighboring properties. ii. The record does not demonstrate that the Planning Commission fully evaluated the individual improvements proposed by the applicant/appellant. In considering the application on remand, the Planning Commission must determine whether to permit each proposed improvement on its own merits, notwithstanding prior violations by the applicant/appellant. The applicant/appellant, on the other hand, bears the risk of being required to remove any improvement installed without permits, should the application to permit the improvement be denied by the Town. RESOLVED: The appeal of the decision of the Planning Commission denying Architecture and Site Applications S -06 -066 is granted, the decision is reversed and the application is remanded to the Planning Commission for further review consistent with this decision. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California on the fifth day of February 2007, by the following vote. COUNCIL MEMBERS: AYES: Steve Glickman, Diane McNutt, Mike Wasserman, and Mayor Joe Pirzynski NAYS: None ABSENT: ABSTAIN: Barbara Spector SIGNED: �7 e AYOR OF WN OF LOS GATOS OS GATOS, CALIFORNIA ADMINISTRATOR OF LOS GATOS, CALIFORNIA