2017-056 - Grant an appeal and remand the matter to the Planning Commission for 401-409 Alberto WayRESOLUTION 2OI7-056
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
GRANTING AN APPEAL OF A DECISION OF THE PLANNING COMMISSION
DENYING A REQUEST TO DEMOLISH THREE EXISTING OFFICE BUILDINGS
AND CONSTRUCT A NEW, TWO-STORY OFFICE BUILDING WITH BELOW
GRADE AND AT GRADE PARKING ON PROPERTY ZONED CH AND REMANDING THE
MATTER TO THE PLANNING COMMISSION FOR FURTHER CONSIDERATION.
APN: 529-23-018
ARCHITECTURE AND SITE APPLICATION: S-15-056
CONDITIONAL USE PERMIT APPLICATION U-15.009
ENVIRONMENTAL IMPACT REPORT EIR.16-001
PROPERTY LOCATION: 401-409 ALBERTO WAY
PROPERTY OWNER: CWA REALTY
APPLICANT/CONTACT PERSON: SHANE ARTERS, tP ACQUISITIONS, LLC
WHEREAS, on August LO,2076, August 24, 2016, October 26,2076, January Lt,2OL7,
Match 22,2017, April L2,2Ot7, and May 70,2017, the Planning Commission held public
hearings and considered a request to demolish three existing office buildings for the purpose of
constructing a new two-story office building with below grade and at grade parking on property
zoned CH
WHEREAS, on May 10, 2OL7, the Planning Commission denied the Architecture and Site
and Conditional Use Permit applications.
WHEREAS, on May 19, 2017, the applicant filed an appeal of the decision of the
Planning Commission denying a request to demolish three existing office buildings, construction
of a new two-story office building with below grade and at grade parking.
WHEREAS, this matter came before the Town Council for public hearing on September
L9,2077, and was regularly noticed in conformance with State and Town law.
Resolution 2OL7 -056 October 3, 2017
WHEREAS, the Town Council received testimony and documentary evidence from the
appellants and all interested persons who wished to testify or submit documents. The 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 September t9,2077, along with any and all subsequent reports and materials
prepared concerning this application.
WHEREAS, the Town Council continued the hearing to October 3, 2077 for questions
and discussion.
WHEREAS, Council makes the following finding, in accordance with Town Code section
29.20.300: New information was submitted to the Council during the appeal process that was
not readily and reasonably available for submission to the Commission.
NOW, THEREFORE, BE IT RESOLVED:
1. Theappeal of the decision of the Planning Commission denyinga requestto
demolish three existing office buildings and construction of a new two-story office building with
below grade and at grade parking on property zoned CH is granted and the applications are
remanded to the Planning Commission for further consideration.
2. 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.
Resolution 2077 -056 October 3, 2017
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los
Gatos, California, held on the 3'd day of Oclober,2Ol7, by the following vote:
COUNCIL MEMBERS:
AYES: Mayor Marico Sayoc, Vice Mayor Rob Rennie, Council Member Marcia Jensen, Council
Member Steven Leonardis, Council Member Barbara Spector
NAYS: None
ABSENT: None
ABSTAIN: None
SIGNED:
LI )1\L!(
ATTEST:
R OF THE TOWN OF LOS GATOS
IA
MAYOR OF THE WN GATOS
LOS GATOS, CALIF IA
CLE
LOS
DATE:
Resolution 2017-056 October 3, 2017
NA^D
DArE: tO'il- l-7