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within ten (10) feet of the property line on a .398 acre lot; (Maximum height of structure is 27'); Original File #413-14-ZP-SD-GD-CDP-VAR; Appeal File #198- 16-MISC; CEQA review: Categorical Exemption - per Section 15303(a)- construction of a new single-family residence in a residential zone district (Staff: S. Avila City Attorney Mattas asked the City Council to consider, given the direction that the Council provided on Lot 1, the approach to Lot 3 would be similar. If the Council were to consider that, both lots would be considered at the Planning Commission. Mayor Harpootlian asked the Council if they were willing to entertain this request by the City Attorney, then he would ask the applicant. There was Council consensus agreement to return both lots to the Planning Commission. Mr. Heckman, replied that as Lot 1 is substantially similar to Lot 3, the applicant would not object to refer the matter to the Planning Commission. He further said that as long as it is understood, that just like Lot 1, the applicant is not waiving any right to appeal back to this subsequent body. Aart De Geus, Los Altos Hills, stated that this issue feels like Groundhog Day and while he respects the Council's decision, he requested that the process that is well determined with a Planning Commission that makes an assessment and recommendation and the council ratifies or rejects it. He asked that the Planning Commission and staff provide sufficient guidance to the applicant. Dave Kehlet, Los Altos Hills, said the county building setbacks are 15 feet and as a negotiating point the Council may consider to take a stronger position. Enrique Klein, Los Altos Hills, commented that he was disappointed by the Council's decision that the applicant's appeal was not denied. Councilmember Radford said when the applicant returns to the Planning Commission, there may be some benefit to the neighborhood working with what might be acceptable rather than simply continuing to argue that he has no right to build. The Council has not been given legal advice that he has no right to build on the lots. It might be more beneficial to work with the Planning Commission and the applicant to come up with something that might be more acceptable to the neighborhood. Mayor Harpootlian closed the Public Hearing. MOTION MADE AND SECONDED: Councilmember Corriean moved: with the concurrence of the applicant, refer the matter of Lot 3 (LANDS OF LINEBARGER; • 10758 Mora Drive (Formerly 10730 Mora Drive, Lot 3): Appeal of the Planning Commission denial of a Site Development Permit and Conditional Development Permit for a new 2,520 square foot, two-story single-family dwelling with 2,583 8 City Council Special Meeting Minutes August 25, 2016