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1990-079-Denial Of A Request For Approval Of Plans For The Construction Of A Shopping Center In Then CH ZoneRESOLUTION 1990 -79 RESOLUTION OF THE TOWN OF LOS GATOS REMANDING TO THE PLANNING COMMISSION THE PLANNING COMMISSION DENIAL OF A REQUEST FOR APPROVAL OF PLANS FOR THE CONSTRUCTION OF A SHOPPING CENTER IN THE CH ZONE (16101 LOS GATOS BOULEVARD - LA MANCHA DEVELOPMENT COMPANY) WHEREAS: 1. Linnard C. Lane, on behalf of La Mancha Development Company, has appealed a decision of the Planning Commission as follows: denial of a request for approval of plans for the construction of a shopping center in the CH zone on property located at 16101 Los Gatos Boulevard and owned by Investment Properties and applied for by La Mancha Development Company (Architecture and Site Application S -89 -41 and Conditional Use Permit U- 89 -12); and 2. A public hearing was held by the Town Council on January 16, 1990 and the appeal was denied. On February 5, 1990 the Town Council considered the appellant's request to reconsider the appeal on the basis of insufficient notice of the January 16 hearing which appellant did not intend. On February 5, 1990 the Town Council granted the request for reconsideration and set the public hearing on the appeal for March 19, 1990; and 3. On March 19, 1990 the Town Council received a letter from the appellant requesting that the applications be returned to the Development Review Committee. BE IT RESOLVED: 1. The Town Council hereby finds that no evidence or testimony was presented that the decision of the Planning Commission was in error and that the matter should be returned to the Planning Commission because the applications are premature. 2. Based on the foregoing findings, the Town Council remands to the Planning Commission with consideration by the Development Review Committee the appeal and Architecture and Site Application S -89 -41 and Conditional Use Permit U -90 -12 to be brought forward after the recommendations of the Commercial Specific Plan have been considered by the Town Council and the new policies are incorporated into the General Plan and Town ordinances. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 2nd day of April 1990, by the following vote. COUNCIL MEMBERS: AYES: Joanne Benjamin, Robert L. Hamilton and Mayor Thomas J. Ferrito. NAYS: ABSENT: Eric D. Carlson and Brent N. Ventura. 11 CL►y1 V_fiia ATTEST: CLERK OF THE TOWN O LOS GATOS LOS GATOS, CALIFORNIA 2