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2013-055 - Grant Appeal for CUP at 16268 LGBRESOLUTION 2013 -055 RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS GRANTING AN APPEAL OF A PLANNING COMMISSION DECISION APPROVING A REQUEST TO CONSTRUCT A NEW COMMERCIAL BUILDING ON PROPERTY ZONED C -1 AND REMANDING THE MATTER TO THE PLANNING COMMISSION FOR FURTHER CONSIDERATION APN: 532 -06 -060 CONDITIONAL USE PERMIT: U -13 -020 ARCHITECTURE AND SITE APPLICATION 5 -13 -050 PROPERTY LOCATION: 16268 LOS GATOS BOULEVARD PROPERTY OWNER: FOX CREEK FUND, LLC APPLICANT: GARY KOHLSAAT, ARCHITECT APPELLANT: MARSHALL SMITH WHEREAS, this matter came before the Town Council for public hearing on December 11, 2013, and was regularly noticed in conformance with State and Town law; and WHEREAS, Council received testimony and documentary evidence from the appellant, applicant, and all interested persons who wished to testify or submit documents. Council considered all testimony and materials submitted, including the record of the Planning Commission proceedings and the packet of material contained in the Planning Commission Report dated October 23, 2013, along with subsequent reports and materials prepared concerning this application; and WHEREAS, the applicant requested approval of a Conditional Use Permit and Architecture and Site application to construct a new office building. Surrounding properties on Los Gatos Boulevard are developed with a commercial building and single family residence (north), church and ancillary facilities (south and east) and single - family homes and offices (west); and WHEREAS, the Planning Commission considered the applications on October 23, 2013, and voted to approve the Conditional Use Permit and Architecture and Site applications, making required findings and subject to amended conditions of approval; and WHEREAS, the appellant appealed the decision of the Planning Commission based on his belief that the Planning Commission erred in its decision because the proposed building will not be compatible with surrounding development, other commercial buildings have been approved with parking in front of the building, and proposed commercial buildings would have parking between the building and street; and WHEREAS, Council has determined that there are policies in the Los Gatos Boulevard Plan and Commercial Design Guidelines that the Council needed to provide direction on in regards to the setback from Los Gatos Boulevard. NOW, THEREFORE, BE IT RESOLVED, the appeal of the decision of the Planning Commission on Conditional Use Permit U -13 -020 and Architecture and Site application 5 -13- 050 is hereby granted and the applications are remanded to the Planning Commission for further consideration of an increased setback, possible reduction of the building size, and /or stepping back the second floor from the first floor on the front elevation. BE IT FURTHER RESOLVED, 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 16th day of December, 2013, by the following vote. COUNCIL MEMBERS: AYES: Marcia Jensen, Joe Pirzynski, Barbara Spector and Mayor Steven Leonardis NAYS: Diane McNutt 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