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2017-056 - Grant an appeal and remand the matter to the Planning Commission for 401-409 Alberto WayRESOLUTION 2OI7-056 RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS GRANTING AN APPEAL OF A DECISION OF THE PLANNING COMMISSION DENYING A REQUEST TO DEMOLISH THREE EXISTING OFFICE BUILDINGS AND CONSTRUCT A NEW, TWO-STORY OFFICE BUILDING WITH BELOW GRADE AND AT GRADE PARKING ON PROPERTY ZONED CH AND REMANDING THE MATTER TO THE PLANNING COMMISSION FOR FURTHER CONSIDERATION. APN: 529-23-018 ARCHITECTURE AND SITE APPLICATION: S-15-056 CONDITIONAL USE PERMIT APPLICATION U-15.009 ENVIRONMENTAL IMPACT REPORT EIR.16-001 PROPERTY LOCATION: 401-409 ALBERTO WAY PROPERTY OWNER: CWA REALTY APPLICANT/CONTACT PERSON: SHANE ARTERS, tP ACQUISITIONS, LLC WHEREAS, on August LO,2076, August 24, 2016, October 26,2076, January Lt,2OL7, Match 22,2017, April L2,2Ot7, and May 70,2017, the Planning Commission held public hearings and considered a request to demolish three existing office buildings for the purpose of constructing a new two-story office building with below grade and at grade parking on property zoned CH WHEREAS, on May 10, 2OL7, the Planning Commission denied the Architecture and Site and Conditional Use Permit applications. WHEREAS, on May 19, 2017, the applicant filed an appeal of the decision of the Planning Commission denying a request to demolish three existing office buildings, construction of a new two-story office building with below grade and at grade parking. WHEREAS, this matter came before the Town Council for public hearing on September L9,2077, and was regularly noticed in conformance with State and Town law. Resolution 2OL7 -056 October 3, 2017 WHEREAS, the Town Council received testimony and documentary evidence from the appellants 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 t9,2077, along with any and all subsequent reports and materials prepared concerning this application. WHEREAS, the Town Council continued the hearing to October 3, 2077 for questions and discussion. WHEREAS, Council makes the following finding, in accordance with Town Code section 29.20.300: 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. Theappeal of the decision of the Planning Commission denyinga requestto demolish three existing office buildings and construction of a new two-story office building with below grade and at grade parking on property zoned CH is granted and the applications are remanded to the Planning Commission for further consideration. 2. 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. Resolution 2077 -056 October 3, 2017 PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 3'd day of Oclober,2Ol7, by the following vote: COUNCIL MEMBERS: AYES: Mayor Marico Sayoc, Vice Mayor Rob Rennie, Council Member Marcia Jensen, Council Member Steven Leonardis, Council Member Barbara Spector NAYS: None ABSENT: None ABSTAIN: None SIGNED: LI )1\L!( ATTEST: R OF THE TOWN OF LOS GATOS IA MAYOR OF THE WN GATOS LOS GATOS, CALIF IA CLE LOS DATE: Resolution 2017-056 October 3, 2017 NA^D DArE: tO'il- l-7