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2009-012-Setting Aside And Voiding Approvals Of A Request To Change The Zone From R-1:8 To R-1:8PD And To Demolish A Single Family ResidenceRESOLUTION NO 2009 -012 RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS SETTING ASIDE AND VOIDING APPROVALS OF A REQUEST TO CHANGE THE ZONE FROM R -1:8 TO R- 1:8 PD AND TO DEMOLISH A SINGLE FAMILY RESIDENCE APN: 523 -25 -020 AND 523 -25 -036 PLANNED DEVELOPMENT APPLICATION PD -05 -02 ARCHITECTURE AND SITE APPLICATION S -06 -050 NEGATIVE DECLARATION ND -07 -07 PROPERTY LOCATION: 15881 LINDA AVENUE AND 15950 STEPHENIE LANE WHEREAS: A. This matter came before Council for public hearing on December 18, 2007, and was regularly noticed in conformance with State and Town law. B. Approvals of applications in this matter were granted as follows: (1) On December 18, 2007, Council approved Architecture and Site Application S- 06 -050, granting approval of an application to demolish a single family residence. (2) On December 18, 2007, Council introduced an ordinance approving Planned Development Application PD- 05 -02, re- zoning property from R -1:8 to R- 1 -8PD, and approving a planned development of land. (3) On December 18, 2007, Council certified Negative Declaration ND- 07 -07, regarding the environmental analysis of the land development project described in the above applications. (4) On January 22, 2008, Council adopted Ordinance No. 2157, approving Planned Development Application PD- 05 -02, re- zoning property from R -1:8 to R- 1:8PD, and approving a planned development of land. (5) On January 22, 2008, Council adopted Resolution No. 2008 -007, making findings in support of the approval of the land development project described in the above applications. (6) On April 1, 2008, the Town issued a Tree Removal Permit (T08 -064). (7) On April 25, 2008, the Town approved a Lot Line Adjustment (MLD08 -001). (8) On April 28, 2008, the Town approved a building permit to demolish a single family residence (B08- 0255). (9) On June 3, 2008, the Town Development Review Committee approved Subdivision Application M -08 -001 seeking approval of a subdivision of property as required by the Planned Development approved in by Ordinance No. 2157. C. On November 6, 2008, the Superior Court of Santa Clara County entered judgment in the matter of Ross Creek Neighbors, et al. v, Town of'Los Gatos, et al., Case No. 1- 08 -CV- 106461, ordering the Town to set aside and void Ordinance No. 2157, Resolution No. 2008- 007and Negative Declaration ND- 07 -07. RESOLVED: That the approval of Architecture and Site Application S -06 -050, the enactment of Ordinance No.2157 approving Planned Development Application PD- 05 -02, the certification of Negative Declaration ND- 07 -07, the adoption of Resolution No. 2008 -007, the approval of Subdivision Application M08 -001, athe approval of Lot Line Adjustment MLD 08 -001, the approval of Tree Removal Permit T08 -064, and the approval of Building Permit B08 -0255 are hereby declared to be set aside and voided and of no 'further force and effect as a consequence of the judgment of the Superior Court referred to hereinabove. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California held on the 17` day of February, 2009, by the following vote: COUNCIL MEMBERS: AYES: Diane McNutt, Joe Pirzynski, Steve Rice, Barbara Spector, and Mayor Mike Wasserman NAYS: ABSENT: ABSTAIN: AIN: SIGNED: ATTE ..., ; 1 .. CLER �OF HE TOWN OF LOS GATOS LOS GA S, CALIFORNIA MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA