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Attachment 7 - Draft Resolution to Grant Appeal and Remand Project to Planning CommissionATTACHMENT 7 RESOLUTION 2021- RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS GRANTING AN APPEAL OF THE DECISION OF THE PLANNING COMMISSION APPROVING A LOT LINE ADJUSTMENT BETWEEN THREE ADJACENT LOTS ON PROPERTIES ZONED R-1:20 AND REMANDING THE MATTER TO THE PLANNING COMMISSION FOR FURTHER CONSIDERATION. APNS 532-36-075, -076, -077 SUBDIVISION APPLICATION: M-20-012 PROPERTY LOCATION: 17200 LOS ROBLES WAY APPELLANT: ALISON AND DAVID STEER APPLICANT: TONY JEANS PROPERTY OWNERS: DARAN GOODSELL, TRUSTEE AND MARK VON KAENEL WHEREAS, on May 25, 2021, the Development Review Committee held a public hearing and considered a request for Certificate of Compliance of two vacant parcels at 17200 Los Robles Way (APNs 532-36-075 and 532-36-077), zoned R-1:20. Based on the review by the Town’s Consultant Surveyor, the Development Review Committee found that the parcels were legally created in accordance with the Subdivision Map Act and approved the Certificate of Compliance applications subject to the conditions of approval. WHEREAS, on July 13, 2021, the Development Review Committee held a public hearing and considered a request for a lot line adjustment between three adjacent lots on properties zoned R-1:20. The Development Review Committee found that the Lot Line Adjustment application was complete and in compliance with Town Code and the Subdivision Map Act and approved the application subject to conditions of approval. WHEREAS, on July 22, 2021, the appellant filed an appeal of the decision of the Development Review Committee approving the Lot Line Adjustment application between three adjacent lots on properties zoned R-1:20. WHEREAS, on September 8, 2021, the Planning Commission held a public hearing and considered an appeal of the Development Review Committee decision to approve a lot line adjustment on properties zoned R-1:20. The Planning Commission denied the appeal and approved the Lot Line Adjustment application subject to modified conditions of approval. Draft Resolution to be modified by Town Council deliberations and direction. WHEREAS, on September 20, 2021, the appellant filed an appeal of the decision of the Planning Commission denying the appeal and approving the request for a lot line adjustment between three adjacent lots on properties zoned R-1:20. WHEREAS, this matter came before the Town Council for public hearing on November 2, 2021, 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. 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 November 2, 2021, along with any and all subsequent reports and materials prepared concerning this application. NOW, THEREFORE, BE IT RESOLVED: 1. The appeal of the decision of the Planning Commission approving a lot line adjustment between three adjacent lots on properties zoned R-1:20 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 applications will be returned to 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 2nd day of November 2021, by the following vote: COUNCIL MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: SIGNED: MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA DATE: ___________________ ATTEST: TOWN CLERK OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA DATE: ___________________ ATTACHMENT 7 This Page Intentionally Left Blank