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WHEREAS, the Planning Commission considered the applications on December 11, <br />2013, and voted to deny the Conditional Use Permit and the Subdivision and Architecture and <br />Site applications, making required findings for denial. <br />WHEREAS, the applicant appealed the decision of the Planning Commission based on <br />his belief that the Planning Commission erred in its decision in its decision in determining that <br />detached condominiums are not appropriate, not accepting a condominium form of ownership <br />and not evaluating the benefit of the proposed development to the Town; and <br />WHEREAS, Council has determined that there is new information that the Planning <br />Commission did not have the benefit of reviewing when considering the applications and the <br />applicant is prepared to make plan changes to address neighbors' concerns. <br />NOW, THEREFORE, BE IT RESOLVED, that the appeal of the decision of the <br />Planning Commission on Conditional Use Permit U -13 -012, Subdivision Application M -13 -004, <br />and Architecture and Site Applications 5 -13 -020 through 5 -13 -027 is hereby granted, and the <br />applications are remanded to the Planning Commission for further consideration of the proposed <br />project pursuant to the Architecture and Site considerations, General Plan, Conditional Use <br />Permit criteria and Subdivision Map Act in terms of the site layout and number of units. <br />BE IT FURTHER RESOLVED, that the decision constitutes a final administrative <br />decision pursuant to Code of Civil Procedure section 1094.6 as adopted by section 1.10.085 of <br />the Town Code of the Town of Los Gatos. Any application for judicial relief from this decision <br />must be sought within the time limits and pursuant to the procedures established by Code of <br />Civil Procedure section 1094.6, or such shorter time as required by State and Federal Law. <br />