Attachment 20
RESOLUTION 2017-___
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, LP ACQUISITIONS, LLC
WHEREAS, on August 10, 2016, August 24, 2016, October 26, 2016, January 11, 2017,
March 22, 2017, April 12, 2017, and May 10, 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, 2017, 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
19, 2017, and was regularly noticed in conformance with State and Town law.
ATTACHMENT 20
Draft Resolution to
be modified by Town
Council deliberations
and direction.
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 19, 2017, along with any and all subsequent reports and materials
prepared concerning this application.
WHEREAS, Council makes one or more of the following findings, in accordance with
Town Code section 29.20.300:
1. Where 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 Commission did not have discretion to modify or
address, but which is vested in the Council for modification or decision.
NOW, THEREFORE, BE IT RESOLVED:
1. The appeal of the decision of the Planning Commission denying a request to
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.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los
Gatos, California, held on the 19th day of September, 2017, 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
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