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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. 3 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 N:\DEV\TC REPORTS\2017\N40\8-1-17 Meeting\Att11N40Deny.docx