2020-042 - Denying an Appeal of the Decision of the Planning Commission Denying a Request for a Modification to an Existing A&S to Remove Underground Parking for Market Hall in the N40 Specific Plan Area 14225 Walker StRESOLUTION 2020-042
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
DENYING AN APPEAL OF THE DECISION OF THE PLANNING COMMISSION DENYING A
REQUEST FOR A MODIFICATION TO AN EXISTING ARCHITECTURE AND SITE
APPLICATION (S-13-090) TO REMOVE UNDERGROUND PARKING FOR
CONSTRUCTION OF A COMMERCIAL BUILDING (MARKET HALL) IN THE NORTH 40
SPECIFIC PLAN AREA (S-20-012) ON A PROPERTY ZONED NORTH 40 SPECIFIC PLAN.
APN 424-07-114
ARCHITECTURE AND SITE APPLICATION: S-20-012
PROPERTY LOCATION: 14225 WALKER STREET
APPELLANT/APPLICANT/PROPERTY OWNER: SUMMERHILL N40, LLC
WHEREAS, on August 26, 2020, September 9, 2020, September 23, 2020, and September
28, 2020, the Planning Commission held public hearings and considered a request for a
modification to an existing Architecture and Site application (S-13-090) to remove underground
parking for construction of a commercial building (Market Hall) in the North 40 Specific Plan Area
(S-20-012) on a property zoned North 40 Specific Plan. The Planning Commission denied the
Architecture and Site application on September 28, 2020; and
WHEREAS, on October 1, 2020, the appellant filed an appeal of the decision of the
Planning Commission denying the request for a modification to an existing Architecture and Site
application (S-13-090) to remove underground parking for construction of a commercial building
(Market Hall) in the North 40 Specific Plan Area (S-20-012) on a property zoned North 40 Specific
Plan; and
WHEREAS, this matter came before the Town Council for public hearing on October 20,
2020, and was regularly noticed in conformance with State and Town law; and
WHEREAS, the Town Council received testimony and documentary evidence from the
appellant 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
their meeting on October 20, 2020, along with any and all subsequent reports and materials
prepared concerning this application. Following its deliberations and consideration of all the
documentary evidence from the applicant/appellant and all interested persons who wished to
testify or submit documents, the Town Council voted to deny the appeal of the Planning
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Resolution 2020-042 October 20, 2020
Commission decision based upon the following findings:
WHEREAS, the Town Council finds as follows:
A. The Town Council could not make one or more of the following, in accordance with
Town Code section 29.20.275:
1. There was error or abuse of discretion on the part of the Planning Commission;
or
2. The Planning Commission's decision is not supported by substantial evidence in
the record.
B. The Zoning Ordinance in existence at the time of project approval for Architecture
and Site application S-13-090 and Vesting Tentative Map application M-13-014 are
the regulations that apply to this proposal, including the parking regulations in effect
at the time of the project approval on August 1, 2017.
WHEREAS, the Town Council considered all facts and information related to the
applications.
NOW, THEREFORE, BE IT RESOLVED:
1. The appeal of the decision of the Planning Commission denying a request for a
modification to an existing Architecture and Site application (S-13-090) to remove underground
parking for construction of a commercial building (Market Hall) in the North 40 Specific Plan Area
(S-20-012) on a property zoned North 40 Specific Plan is denied and the application is denied
based on the following finding:
a. The proposed project is inconsistent with North 40 Specific Plan Section 2.5.8 and
its parking requirements.
2. In addition to the above findings, the Town Council denies the Architecture and Site
application based on the entire administrative record; and
3. 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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Resolution 2020-042 October 20, 2020
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los
Gatos, California, held on the 20th day of October 2020, by the following vote:
COUNCIL MEMBERS:
AYES: Marico Sayoc, Barbara Spector, Mayor Marcia Jensen
NAYS: Rob Rennie
ABSENT: None
ABSTAIN: None
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE:
ATTEST:
ANcEic(2-4-1`63•Jr\
TOWN CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE: _IL /
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Resolution 2020-042 October 20, 2020