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2016-049 - Grant an appeal of the Planning Commission and remanding the matter to the Planning Commission for further consideration 16362 Hilow RoadRESOLUTION 2016 -049 RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS GRANTING AN APPEAL OF THE DECISION OF THE PLANNING COMMISSION DENYING A REQUEST TO CONSTRUCT A NEW SINGLE - FAMILY RESIDENCE, ON PROPERTY ZONED R -1:8 AND REMANDING THE MATTER TO THE PLANNING COMMISSION FOR FURTHER CONSIDERATION APN: 532 -04 -082 ARCHITECTURE AND SITE APPLICATION: S -16 -011 PROPERTY LOCATION: 16362 HILOW ROAD PROPERTY OWNER/APPELLANT: VALY JALALIAN WHEREAS, on July 27, 2016, the Planning Commission held a public hearing and considered a request to construct a new single - family residence on property zoned R -1:8. The Planning Commission denied the application at the July 27, 2016 Planning Commission Public Hearing. WHEREAS, on August 1, 2016, the property owner filed an appeal of the decision of the Planning Commission denying an application to construct a new single - family residence; and WHEREAS, this matter came before the Town Council for public hearing on September 20, 2016, 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 September 20, 2016, along with any and all subsequent reports and materials prepared concerning this application. WHEREAS, Council finds as follows: 1. In accordance with Town Code section 29.20.300, that new information was submitted to the Council during the appeal process that was not readily and reasonably available for submission to the Commission. NOW, THEREFORE, BE IT RESOLVED: 1. The appeal of the decision of the Planning Commission denying a request to construct a new single - family residence on property zoned R -1:8 is granted and the application is remanded to Planning Commission to formalize the changes offered by the applicant regarding tree removal, obscure glass, and drainage and to consider reducing the size of the cellar and the garage. 2. The decision does not constitute a final administrative decision and the application will be returned to Planning Commission for further consideration. 2 of 3 Resolution 2016 -049 September 20, 2016 PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 201h day of September, 2016, by the following vote: COUNCIL MEMBERS: AYES: Marcia Jensen, Steve Leonardis, Rob Rennie, Marico Sayoc, Mayor Barbara Spector NAYS: None. ABSENT: None. ABSTAIN: None. ATTEST: CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA �f 'I :OS GATOS 3 of 3 Resolution 2016 -049 September 20, 2016