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2000-139- Granting And Remanding An Appeal Of A Planning Commission Decision Denying A Request To Subdivide A Parcel Into Four Lots And To Demolish A Single Family Residence And Property Zoned Rm: 5-12.RESOLUTION 2000 -139 RESOLUTION GRANTING AND REMANDING AN APPEAL OF A PLANNING COMMISSION DECISION DENYING A REQUEST TO SUBDIVIDE A PARCEL INTO FOUR LOTS AND TO DEMOLISH A SINGLE FAMILY RESIDENCE AND CONSTRUCT FOUR RESIDENTIAL TOWN HOMES ON :PROPERTY ZONED RM:S-12. SUBDIVISION APPLICATION: M-00-3 CONDITIONAL USE PERMIT.: U-00-14 ARCHITECTURE AND'SITE APPLICATIONS: 5-00-28 THROUGH 5-00-31 PROPERTY LOCATION: 17017 ROBERTS ROAD PROPERTY OWNER/APPLICANT/APPELLANTS: IVIR. & MRS. KHALID A. MAWLA WHEREAS: A. This matter came before the Council for public hearing on November 6, 2000, on an appeal by Mr. and Mrs. I~halid A. Mawla (property owner/applicant/appellant) from a decision of the Plamiing Commission and was regularly noticed in conformance wit11 State and Town law. B. The Council received testimony and doctunentary evidence from the appellants and all :interested persons who wished to testify or submit documents. The 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 dated October 27, 2000 and addendum dated November 1, 2000, along wit11 subsequent reports and materials prepared concerning this application. C. Appellants seek approval to construct four residential town homes on a 0..59 acre parcel. Each two story until will be 2,069 square feet with a 501 square .foot garage. The existing one story single family residence on the site would be demolished. Pubic access to the project will be from a driveway on Roberts Road. 1 D. The stated grounds for the appeal are the appellants' belief that the Planning Commission's decision was based on opinions that were vague, arbitrary, and prejudiced, even though the project meets all Town Codes. E. Council finds pursuant to Town Code section 29.20.300 that consideration of this subdivision application in conjunction with the related project design issues requires more time than is generally provided under the Subdivision Map Act. The Planning Commission acted properly on this application within the limited time available under the Act. Whether this application deserves additional consideration beyond the time provided under the Act is a question left to Council .alone under the appeal provisions of the Act. Consequently, the decision to grant the appeal and extend the time for consideration of this application is 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. RESOLVED: The appeal ofthe decsonofthe Plamiing Commission on Subdivision Application M-00-3, Conditional Use Application U-00-14 and Architecture and Site Applications'5-00-28 through 5-00- 31 is therefore .granted and the application is remanded to t11e Planning Conunission for ftuther review. 2 PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California held on the 20"' day of November, 2000 by the following vote. COUNCIL MEMBERS: AYES: Randy Attaway, Steve Blanton, .Jan Hutchins, Linda Lubeck,. Mayor Joe Pirzynski NAYS: None ABSENT: None ABSTAIN: None :SIGNED: AYOR O TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST CLEI~Ir OF THE TOWN OF LOS TOS LOS GATOS, CALIFORNIA 3