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RESOLUTION PC 08-23 RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF LOS ALTOS HILLS DENYING AN APPEAL (APL23-0002) OF AN ADMINISTRATIVE DETERMINATION OF PRELIMINARY APPLICATION SUBMITTAL DATES FOR TWO DEVELOPMENT PROPOSALS AT 11511 SUMMIT WOOD ROAD WHEREAS, On February 2, 2023, the Town of Los Altos Hills ("Town") received two preliminary applications pursuant to Government Code section 65941.1 ("Preliminary Applications") from applicant and appellant Alexander Zbrozek ("Appellant") for 5 -unit and 20 - unit development projects at 11511 Summit Wood Road; and WHEREAS, the Preliminary Applications were processed in accordance with the applicable provisions of the California Government Code and the Los Altos Hills Municipal Code, including but not limited to Government Code section 65941.1; and WHEREAS, the Planning Department reviewed and provided written correspondences to Appellant regarding items required to be provided for the Preliminary Applications pursuant to Government Code section 65941.1 before it is deemed submitted under Government Code section 6594 1.1 , on March 3, April 21, and June 2, 2023; and WHEREAS, on June 15, 2023, the Planning Department determined that all statutory items under Government Code section 65941.1 were provided for the Preliminary Applications as of June 2, 2023; WHEREAS, on June 27, 2023, pursuant to Section 10-1.1002 of the Los Altos Hills Municipal Code, Appellant timely filed a Notice of Appeal (APL23-0002) to appeal the June 15, 2023 Planning Department determination, disputing that the Preliminary Applications are considered submitted as of May 5, 2023 or an earlier date; WHEREAS, under Municipal Code section 10-1.1002, any interested party may appeal the decision of an administrative official in the administration or enforcement of the provisions of this title to the Planning Commission by filing a written notice of appeal with the City Clerk within fourteen (14) days of the date of the decision; and WHEREAS, in accordance with Section 10-1.1005, an appeal hearing before the Planning Commission was scheduled on August 3, 2023; and WHEREAS, the Planning Commission held a duly noticed public hearing to consider the appeals on August 3, 2023, and considered all written and oral evidence, testimony, written documentation and public comments in the record below and provided as a part of the public hearing proceedings; and WHEREAS, the Planning Commission's consideration of this appeal is not subject to the California Environmental Quality Act ("CEQA") as no formal application has been filed and the only relevant issue is the determination of submittal dates and has no potential for environmental impacts and is not considered a "project" under CEQA. Resolution PC08-23 Page 1