Attachment 11
RESOLUTION 2017-___
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
DENYING A REQUEST FOR THE CONSTRUCTION OF A NEW MULTI-USE,
MULTI-STORY DEVELOPMENT CONSISTING OF 320 RESIDENTIAL UNITS,
WHICH INCLUDES 50 AFFORDABLE SENIOR UNITS; APPROXIMATELY 66,800
SQUARE FEET OF COMMERCIAL FLOOR AREA, WHICH INCLUDES A MARKET
HALL; ON-SITE AND OFF-SITE IMPROVEMENTS; AND A VESTING TENTATIVE
MAP ON PROPERTY ZONED NORTH 40 SPECIFIC PLAN
APNS: 424-07-024 THROUGH 027, 031 THROUGH 037, 070,
083 THROUGH 086, 090, AND 100.
SUBDIVISION APPLICATION: M-13-014
ARCHITECTURE AND SITE APPLICATION: S-13-090
PROPERTY LOCATION: SOUTHERLY PORTION OF THE NORTH 40 SPECIFIC
PLAN AREA, LARK AVENUE TO SOUTH OF NODDIN AVENUE
PROPERTY OWNERS: YUKI FARMS, ETPH LP, GROSVENOR USA LIMITED,
SUMMERHILL N40 LLC, ELIZABETH K. DODSON, AND WILLIAM HIRSCHMAN
APPLICANTS: GROSVENOR USA LIMITED, SUMMERHILL HOMES,
AND EDEN HOUSING
WHEREAS, on September 6, 2016, Council adopted Resolution 2016-046, denying
Vesting Tentative Map application M-13-014 and Architecture and Site application S-13-090;
and
WHEREAS, On October 6, 2016, the Applicants filed a lawsuit against the Town asserting
that: (1) the Town of Los Gatos violated the Town’s Housing Element; (2) the Town violated the
State’s Housing Accountability Act; and (3) the Town violated the State Density Bonus Law; and
WHEREAS, on June 9, 2017, the Santa Clara County Superior Court issued a Decision and
Judgment that states the following:
A. A Writ of mandamus shall issue directing Respondent, Town of Los Gatos, to:
1. Set aside Town of Los Gatos Resolution 2016-046 denying the applications for
Vesting Tentative Map and Architecture and Site;
2. Reconsider Petitioners' applications and the Project under the additional provisions
of Government Code §65589.5, and specifically subsection (j);
ATTACHMENT 11
Draft Resolution to
be modified by Town
Council deliberations
and direction.
2
3. If, in the course of reconsideration, Respondent determines to again deny the
applications and Project, Respondent shall determine whether the Project complies with
applicable, objective general plan and zoning standards and criteria.
a. If Respondent determines that the Project does not so comply, Respondent shall
specify the applicable, objective criteria which the Project failed to comply.
b. If Respondent determines that the Project does so comply, then Respondent shall
make written findings, supported by substantial evidence on the record, that (1) the
project would have a specific, adverse impact upon the public health or safety unless
the project is disapproved, and (2) there is no feasible method to satisfactorily
mitigate or avoid that specifically identified adverse impact other than the
disapproval of Petitioners' applications.
B. The Town's findings in "1. a" to "c" and "1. e" to "h" of Resolution 2016-046 are
supported by substantial evidence.
C. Approval of the proposed project shall require compliance with the applicable
provisions of the Map Act and Housing Affordability Act.
WHEREAS, the Town Council held a duly noticed public hearing on July 24, 2017 and
continued the applications to the August 1, 2017 meeting; and
WHEREAS, the Town Council held a public hearing on August 1, 2017.
NOW, THEREFORE, BE IT RESOLVED:
1. Vesting Tentative Map application M-13-014 and Architecture and Site application S-
13-090 are denied based on the following findings:
2. FINDINGS FOR DENIAL MUST BE INCORPORATED HERE
3. In addition to the above findings, the Town Council denies the Vesting Tentative
Map and Architecture and Site applications based on the entire administrative record.
4. 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.
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PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los
Gatos, California, held on the 1ST day of August, 2017, by the following vote:
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
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