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Attachment 07 RESOLUTION 2018-___ RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS GRANTING AN APPEAL OF THE DECISION OF THE PLANNING COMMISSION DENYING A REQUEST FOR DEMOLITION OF AN EXISTING SINGLE-FAMILY RESIDENCE AND CONSTRUCTION OF A NEW SINGLE-FAMILY RESIDENCE ON PROPERTY ZONED R-1:8 AND REMANDING THE MATTER TO THE PLANNING COMMISSION FOR FURTHER CONSIDERATION. APN 523-25-009. ARCHITECTURE AND SITE APPLICATION: S-18-002 PROPERTY LOCATION: 15921 ROCHIN TERRACE APPELLANT: PATRICK HANCIR. PROPERTY OWNERS: PATRICK HANCIR AND MONICA ZAUCHA. APPLICANT: DAVIDE GIANNELLA, ACADIA ARCHITECTURE. WHEREAS, on July 25, 2018, the Planning Commission held a public hearing and considered a request for demolition of an existing single-family residence and construction of a new single-family residence on property zoned R-1:8. The Planning Commission denied the Architecture and Site application. WHEREAS, on August 3, 2018, Patrick Hancir filed an appeal of the decision of the Planning Commission denying the request for demolition of an existing single-family residence and construction of a new single-family residence on property zoned R-1:8. WHEREAS, this matter came before the Town Council for public hearing on September 4, 2018, and was regularly noticed in conformance with State and Town law. WHEREAS, the Town Council received testimony and documentary evidence from the appellant and all interested persons who wished to testify or submit documents. Town Council ATTACHMENT 7 Draft Resolution to be modified by Town Council deliberations and direction. 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 4, 2018, along with any and all subsequent reports and materials prepared concerning this application. WHEREAS, the Town Council finds as follows: A. In accordance with Town Code section 29.20.300: 1. There was error or abuse of discretion on the part of the Planning Commission; or 2. New information was submitted to the Council during the appeal process that was not readily and reasonably available for submission to the Commission; or 3. An issue or policy over which the Planning Commission did not have discretion to modify or address, but which is vested in the Town Council for modification or decision. NOW, THEREFORE, BE IT RESOLVED: 1. The appeal of the decision of the Planning Commission denying a request for demolition of an existing single-family residence and construction of a new single-family residence on property zoned R-1:8 is granted and the application is remanded to the Planning Commission for further consideration. 2. The decision does not constitute a final administrative decision and the application will be returned to the Planning Commission for further consideration. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 4th day of September, 2018, 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 S:\COUNCIL REPORTS\2018\9-4-18\07 15921 Rochin Terrace [Appeal]\Attachment 7 - Draft Resolution to grant the appeal and remand the project to the Planning Commission (includes Exhibit A, Findings).docx EXHIBIT A TOWN COUNCIL – September 4, 2018 REQUIRED FINDINGS & CONSIDERATIONS FOR: 15921 Rochin Terrace Architecture and Site Application S-18-002 Requesting approval for demolition of an existing single-family residence and construction of a new single-family residence on a property zoned R-1:8. APN 523-25-009. PROPERTY OWNER: Patrick Hancir and Monica Zaucha APPLICANT: Davide Giannella, Acadia Architecture FINDINGS Required finding for CEQA: ■ The project is Categorically Exempt pursuant to the adopted Guidelines for the Implementation of the California Environmental Quality Act, Section 15303: New Construction or Conversion of Small Structures. Required finding for the demolition of a single-family residence: ■ As required by Section 29.10.09030(e) of the Town Code for the demolition of existing structures: 1. The Town's housing stock will be maintained as the single-family residence will be replaced. 2. The existing structures have no architectural or historical significance, and are in poor condition. 3. The property owner does not desire to maintain the structures as they exist; and 4. The economic utility of the structures was not considered. Required Compliance with the Residential Design Guidelines: ■ The project is in compliance with the Residential Design Guidelines for single -family homes not in hillside residential areas. CONSIDERATIONS Required considerations in review of Architecture & Site applications: ■ 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.