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63-22
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Last modified
6/17/2022 4:22:02 PM
Creation date
6/17/2022 4:09:22 PM
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Resolutions
Number
63-22
Date
06/16/2022
Description
Adopting Supplemental Findings for Resolution NO. 48-22 Denying an Appeal of the Planning Commission Imposed Conditions of Approval for a Zoning Permit for a New Fencing at 28001 Elena Road
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2022, and March 3, 2022. Notice was provided for each public hearing consistent with <br />Section 10-1.1005 of the Municipal Code including mailing to property owners within a <br />500 -foot radius of the project, publication on the Town's website, and posting at public <br />locations and at the proposed project site. As such, the Planning Commission heard the <br />matter pursuant to public hearings in compliance with the procedural requirements set <br />forth under the Municipal Code, including providing multiple opportunities for the <br />applicant to be heard and address inquiries from the Commission. Therefore, the City <br />Council finds that the Zoning Permit application was properly considered by the <br />Commission in accordance with the procedures set forth under the Municipal Code. <br />b. The March 14, 2022 appeal of the Conditions of Approval Imposed by the Planning <br />Commission were considered and acted upon by the City Council in accordance with the <br />procedures set forth under the Los Altos Hills Municipal Code. <br />Decisions of the Planning Commission are appealable to the City Council pursuant to <br />Section 10-1.1009 of the Municipal Code within twenty-one (21) days following the <br />decision prior to it becoming final. The Planning Commission approved the Zoning Permit <br />with conditions of approval on March 3, 2022. The appeal from that decision regarding the <br />Conditions of Approval imposed by the Planning Commission was timely filed with the <br />City Council on March 14, 2022. Consistent with the requirement under Section 10-1.1010 <br />of the Municipal Code, the City Council set a public hearing within forty-five (45) days <br />from receipt of the appeal on April 21, 2022 and conducted the public hearing on such date <br />to consider the matter. The City Council received public testimony and provided the <br />applicant. an opportunity to be heard and respond to questions from the City Council. <br />Therefore, the City Council finds that the March 14 appeal was properly considered in <br />accordance with the procedures set forth under the Municipal Code. <br />c. There was substantial evidence in the record below to support the Planning Commission's <br />approval of the Zoning Permit application with the Conditions of Approval imposed on <br />March 3, 2022. <br />i. The Planning Commission was authorized to review and issue the requested <br />Zoning Permit with such reasonable conditions as it deems necessary. <br />The Zoning Permit application was referred to the Planning Commission by the Town's <br />Planning Director as authorized under Sections 10-1.507(e) and 10-2.1305(b) of the <br />Municipal Code. The Planning Commission is directed to consider and act on the <br />application under Section 10-2.1305(c). That section authorizes the Planning Commission <br />to issue the requested permit "with such reasonable conditions as it deems necessary" to <br />achieve the purposes of, in the context of this application, the Fence Ordinance provisions <br />under the Zoning Code. This authority provides the Planning Commission the ability to <br />impose conditions that are reasonably related to the proposed new fencing under the Zoning <br />Permit. The City Council notes in particular that although Section 10-2.1305 is normally <br />utilized by the Town's Planning Director and Planning Commission to review site <br />development applications, the provisions of that section apply in this case because of the <br />specific directives of Section 10-1.507(e). Therefore, the City Council finds that the <br />Resolution 63-22 Page 4 <br />
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