Attachments 22-24Draft Resolution to
be modified by Town
RESOLUTION 2015- Council deliberations
and direction.
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
DENYING APPEALS OF THE DECISION OF THE PLANNING COMMISSION AND
APPROVING A REQUEST TO MODIFY A CONDITIONAL USE PERMIT TO
INCREASE SCHOOL ENROLLMENT AND MODIFY OPERATIONS OF AN
EXISTING PRIVATE SCHOOL ( HILLBROOK SCHOOL) ON PROPERTY ZONED
HR -1.
CONDITIONAL USE PERMIT APPLICATION: U -12 -002
ENVIRONMENTAL IMPACT REPORT: EIR -13 -001
PROPERTY LOCATION: 300 MARCHMONT DRIVE (APNS: 532 -10 -001 AND 532 -11-
011)
PROPERTY OWNER/APPLICANT /APPELLANT: HILLBROOK SCHOOL/MARK
SILVER; APPELLANT: PATTI ELLIOT (AND OTHERS)
WHEREAS, this matter came before the Town Council for public hearing on January
13, 2015, and was regularly noticed in conformance with State and Town law.
WHEREAS, the appellants have filed appeals of the decision of the Planning
Commission approving a request to modify a Conditional Use Permit to increase school
enrollment and modify operations of an existing private school (Hillbrook School) on property
zoned HR -1.
WHEREAS, on September 24, September 30, and October 6, 2014, the Planning
Commission held public hearings and considered a request to modify a Conditional Use Permit
to increase school enrollment and modify operations of an existing private school (Hillbrook
School) on property zoned HR -1. The Planning Commission certified the Final Environmental
Impact Report (EIR) and approved the request with conditions.
WHEREAS, Town Council received testimony and documentary evidence from the
appellants and all interested persons who wished to testify or submit documents. Town Council
considered all testimony and materials submitted, including the record of the Planning
Commission proceedings and the packet of material contained in the Council Agenda Report for
ATTACHMENT 2 2
their meeting on January 13, 2015, along with any and all subsequent reports and materials
prepared concerning this application.
WHEREAS, Council finds as follows:
A. One or more of the following, in accordance with Town Code section 29.20.300
1. Where there was error or abuse of discretion on the part of the Planning
Commission; or
2. New information was submitted to the Council during the appeal process that was
not readily and reasonably available for submission to the Commission; or
3. An issue or policy over which the Commission did not have discretion to modify
or address, but which is vested in the Council for modification or decision.
B. It has been determined that this matter may have a significant impact on the
environment and an Environmental Impact Report (EIR) has been prepared as
required by the California Environmental Quality Act (CEQA);
C. As required by Section 29.20.190(a) of the Town Code for granting approval of a
Conditional Use Permit (CUP):
1. The proposed use of the property is essential or desirable to the public
convenience or welfare in that it would allow a youth education facility to expand
and continue operation; and
2. The proposed use will not impair the integrity and character of the zone in that the
use is in a residential zone where a school is allowed subject to a CUP; and
3. The proposed use would not be detrimental to public health, safety or general
welfare in that the recommended conditions of approval would mitigate potential
impacts; and
4. The proposed use will meet the objectives of the General Plan and Town Code as
discussed in the September 24, 2014, Planning Commission staff report and other
supporting materials.
NOW, THEREFORE, BE IT RESOLVED:
The appeals of the decision of the Planning Commission approving a request to
modify a Conditional Use Permit to increase school enrollment and modify operations of an
existing private school (Hillbrook School) on property zoned HR -1 are denied.
2. The Final EIR is certified as complete and compliant with the California
Environmental Quality Act. More specifically, the Town Council finds that (1) the Final EIR has
been prepared in accordance with the requirements of CEQA and the State CEQA Guidelines;
(2) the Final EIR was presented to the Town Council, which has reviewed and considered the
information contained therein; and (3) the Final EIR reflects the independent judgment and
analysis of the Town.
3. The Conditions of Approval have been modified by the Town Council as attached
hereto as Exhibit A and are hereby adopted as the Conditions of Approval for this permit.
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 other state or federal laws.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of
Los Gatos, California, held on the 13`h day of January, 2015, 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 V RESOS'201i Mawhnunri300 DenyApp¢alMndifyPCDecisioadon
Draft Resolution to
be modified by Town
RESOLUTION 2015- Council deliberations
and direction.
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
GRANTING ONE OR MORE ASPECTS OF AN APPEAL(S) OF THE DECISION OF
THE PLANNING COMMISSION AND APPROVING A REQUEST TO MODIFY A
CONDITIONAL USE PERMIT TO INCREASE SCHOOL ENROLLMENT AND
MODIFY OPERATIONS OF AN EXISTING PRIVATE SCHOOL ( HILLBROOK
SCHOOL) ON PROPERTY ZONED HR -1.
CONDITIONAL USE PERMIT APPLICATION: U -12 -002
ENVIRONMENTAL IMPACT REPORT: EIR -13 -001
PROPERTY LOCATION: 300 MARCHMONT DRIVE (APNS: 532 -10 -001 AND 532 -11-
011)
PROPERTY OWNER/APPLICANT /APPELLANT: HILLBROOK SCHOOL /MARK
SILVER; APPELLANT: PATTI ELLIOT (AND OTHERS)
WHEREAS, this matter came before the Town Council for public hearing on January
13, 2015, and was regularly noticed in conformance with State and Town law.
WHEREAS, the appellants have filed appeals of the decision of the Planning
Commission approving a request to modify a Conditional Use Permit to increase school
enrollment and modify operations of an existing private school (Hillbrook School) on property
zoned HR -1.
WHEREAS, on September 24, September 30, and October 6, 2014, the Planning
Commission held public hearings and considered a request to modify a Conditional Use Permit
to increase school enrollment and modify operations of an existing private school (Hillbrook
School) on property zoned HR -1. The Planning Commission certified the Final Environmental
Impact Report (EIR) and approved the request with conditions.
WHEREAS, Town Council received testimony and documentary evidence from the
appellants and all interested persons who wished to testify or submit documents. Town Council
considered all testimony and materials submitted, including the record of the Planning
Commission proceedings and the packet of material contained in the Council Agenda Report for
ATTACHMENT 2 3
their meeting on January 13, 2015, along with any and all subsequent reports and materials
prepared concerning this application.
WHEREAS, Council finds as follows:
A. One or more of the following, in accordance with Town Code section 29.20.300
1. Where there was error or abuse of discretion on the part of the Planning
Commission; or
2. New information was submitted to the Council during the appeal process that was
not readily and reasonably available for submission to the Commission; or
3. An issue or policy over which the Commission did not have discretion to modify
or address, but which is vested in the Council for modification or decision.
B. It has been determined that this matter may have a significant impact on the
environment and an Environmental Impact Report (EIR) has been prepared as
required by the California Environmental Quality Act (CEQA);
C. As required by Section 29.20.190(a) of the Town Code for granting approval of a
Conditional Use Permit (CUP):
1. The proposed use of the property is essential or desirable to the public
convenience or welfare in that it would allow a youth education facility to expand
and continue operation; and
2. The proposed use will not impair the integrity and character of the zone in that the
use is in a residential zone where a school is allowed subject to a CUP; and
3. The proposed use would not be detrimental to public health, safety or general
welfare in that the recommended conditions of approval would mitigate potential
impacts; and
4. The proposed use will meet the objectives of the General Plan and Town Code as
discussed in the September 24, 2014, Planning Commission staff report and other
supporting materials.
NOW, THEREFORE, BE IT RESOLVED:
One or more aspects of the appeal(s) of the decision of the Planning Commission
approving a request to modify a Conditional Use Permit to increase school enrollment and
modify operations of an existing private school (Hillbrook School) on property zoned HR -1 is
(are) granted.
2. The Final EIR is certified as complete and compliant with the California
Environmental Quality Act. More specifically, the Town Council finds that (1) the Final EIR has
been prepared in accordance with the requirements of CEQA and the State CEQA Guidelines;
(2) the Final EIR was presented to the Town Council, which has reviewed and considered the
information contained therein; and (3) the Final EIR reflects the independent judgment and
analysis of the Town.
3. The Conditions of Approval have been modified by the Town Council as attached
hereto as Exhibit A and are hereby adopted as the Conditions of Approval for this permit.
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 other state or federal laws.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of
Los Gatos, California, held on the 13`h day of January, 2015, 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: J>EV'RLSOS3Qli Nbsvhmon1300 ( irmv1pp <vlModil'yPCDcti•ision.docY
Draft Resolution to
be modified by Town
RESOLUTION 2015- Council deliberations
and direction.
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
GRANTING ONE OR MORE ASPECTS OF AN APPEAL(S) OF THE DECISION OF
THE PLANNING COMMISSION AND DENYING A REQUEST TO MODIFY A
CONDITIONAL USE PERMIT TO INCREASE SCHOOL ENROLLMENT AND
MODIFY OPERATIONS OF AN EXISTING PRIVATE SCHOOL ( HILLBROOK
SCHOOL) ON PROPERTY ZONED HR -1.
CONDITIONAL USE PERMIT APPLICATION: U -12 -002
ENVIRONMENTAL IMPACT REPORT: EIR -13 -001
PROPERTY LOCATION: 300 MARCHMONT DRIVE (APNS: 532 -10 -001 AND 532 -11-
011)
PROPERTY OWNER/APPLICANT /APPELLANT: HILLBROOK SCHOOL /MARK
SILVER; APPELLANT: PATTI ELLIOT (AND OTHERS)
WHEREAS, this matter came before the Town Council for public hearing on January
13, 2015, and was regularly noticed in conformance with State and Town law.
WHEREAS, the appellants have filed appeals of the decision of the Planning
Commission approving a request to modify a Conditional Use Permit to increase school
enrollment and modify operations of an existing private school (Hillbrook School) on property
zoned HR -1.
WHEREAS, on September 24, September 30, and October 6, 2014, the Planning
Commission held public hearings and considered a request to modify a Conditional Use Permit
to increase school enrollment and modify operations of an existing private school (Hillbrook
School) on property zoned HR -1. The Planning Commission certified the Final Environmental
Impact Report (EIR) and approved the request with conditions.
WHEREAS, Town Council received testimony and documentary evidence from the
appellants and all interested persons who wished to testify or submit documents. Town Council
considered all testimony and materials submitted, including the record of the Planning
Commission proceedings and the packet of material contained in the Council Agenda Report for
ATTACHMENT 2 4
their meeting on January 13, 2015, along with any and all subsequent reports and materials
prepared concerning this application.
WHEREAS, Council finds as follows:
A. One or more of the following, in accordance with Town Code section 29.20.300
1. Where there was error or abuse of discretion on the part of the Planning
Commission; or
2. New information was submitted to the Council during the appeal process that was
not readily and reasonably available for submission to the Commission; or
3. An issue or policy over which the Commission did not have discretion to modify
or address, but which is vested in the Council for modification or decision.
NOW, THEREFORE, BE IT RESOLVED:
1. One or more aspects of the appeal(s) of the decision of the Planning Commission
approving a request to modify a Conditional Use Permit to increase school enrollment and
modify operations of an existing private school (Hillbrook School) on property zoned HR -1 is
(are) granted.
2. The Final EIR is certified as complete and compliant with the California
Environmental Quality Act. More specifically, the Town Council finds that (1) the Final EIR has
been prepared in accordance with the requirements of CEQA and the State CEQA Guidelines;
(2) the Final EIR was presented to the Town Council, which has reviewed and considered the
information contained therein; and (3) the Final EIR reflects the independent judgment and
analysis of the Town.
3. The request to modify a Conditional Use Permit to increase school enrollment and
modify operations of an existing private school (Hillbrook School) on property zoned HR -1 is
denied.
4. The previously approved Conditional Use Permit PRJ -99 -062 remains in effect.
5. 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 other state or federal laws.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of
Los Gatos, California, held on the 13`h day of January, 2015, 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
K DEV'.RP',0, 21115 Alamhnunn30U G1antAppc�il DmnyCU F.dtwx
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