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2014-013 - Granting Appeal of PC Decision for 258 Union AveRESOLUTION 2014 -013 RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS GRANTING AN APPEAL OF A PLANNING COMMISSION DECISION DENYING A REQUEST TO CONSTRUCT EIGHT REISDENTIAL CONDOMINIUMS ON PROPERTY ZONED C -1 AND REMANDING THE MATTER TO THE PLANNING COMMISSION FOR FURTHER CONSIDERATION APN: 527 -44 -012 AND 527 -44 -013 CONDITIONAL USE PERMIT APPLICATION: U -13 -012 SUBDIVISION APPLICATION M -13 -004 ARCHITECTURE AND SITE APPLICATIONS S -13 -020 THROUGH 5 -13 -027 PROPERTY LOCATION: 258 UNION AVENUE PROPERTY OWNER: VALLEY ONE INVESTMENT, LLC APPLICANT: CHRIS KUMMERER APPELLANT: SHAWN WANG, VALLEY ONE INVESTMENT, LLC WHEREAS, this matter came before the Town Council for public hearing on March 17, 2014, and was regularly noticed in conformance with State and Town law. 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 December 11, 2013 and Planning Commission Desk Item dated December 11, 2013, along with subsequent reports and materials prepared concerning this application. WHEREAS, the applicant requested approval of a Conditional Use Permit, Tentative Map and Architecture and Site applications to construct eight residential condominiums. Surrounding properties on Union Avenue are developed with townhouses, an office building and a shopping center, with single - family homes (located on Howes Court) abutting the rear of the site. WHEREAS, the Planning Commission considered the applications on December 11, 2013, and voted to deny the Conditional Use Permit and the Subdivision and Architecture and Site applications, making required findings for denial. WHEREAS, the applicant appealed the decision of the Planning Commission based on his belief that the Planning Commission erred in its decision in its decision in determining that detached condominiums are not appropriate, not accepting a condominium form of ownership and not evaluating the benefit of the proposed development to the Town; and WHEREAS, Council has determined that there is new information that the Planning Commission did not have the benefit of reviewing when considering the applications and the applicant is prepared to make plan changes to address neighbors' concerns. NOW, THEREFORE, BE IT RESOLVED, that the appeal of the decision of the Planning Commission on Conditional Use Permit U -13 -012, Subdivision Application M -13 -004, and Architecture and Site Applications 5 -13 -020 through 5 -13 -027 is hereby granted, and the applications are remanded to the Planning Commission for further consideration of the proposed project pursuant to the Architecture and Site considerations, General Plan, Conditional Use Permit criteria and Subdivision Map Act in terms of the site layout and number of units. BE IT FURTHER RESOLVED, that 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 17th day of March, 2014, by the following vote. COUNCIL MEMBERS: AYES: Marcia Jensen, Joe Pirzynski, Diane McNutt, Barbara Spector, Mayor Steve Leonardis NAYS: F.11:%9�1`►UI� I3:I.911L"IiA MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: a ,J CLERK' ADMINISTRATOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA