10 Attachment 11 - Draft Resolution to Grant Appeal and Deny Project
RESOLUTION 2023-___ RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS GRANTING AN APPEAL OF THE DECISION OF THE PLANNING COMMISSION TO APPROVE THE DEMOLITION OF ONE EXISTING OFFICE AND FOUR RESIDENTIAL BUILDINGS, CONSTRUCTION OF AN ASSISTED LIVING AND MEMORY CARE FACILITY, VARIANCE FROM THE MAXIMUM HEIGHT AND LOT COVERAGE OF THE ZONE, MERGER OF FOUR LOTS INTO ONE, AND REMOVAL OF LARGE PROTECTED TREES ON
PROPERTY ZONED O AND DENYING THE PROJECT.
APNs 529-11-013, -038, -039, and -040
ARCHITECTURE AND SITE APPLICATION S-21-008,
CONDITIONAL USE PERMIT APPLICATION U-21-010, VARIANCE APPLICATION V-21-003, SUBDIVISION APPLICATION M-22-008, AND MITIGATED NEGATIVE DECLARATION ND-22-001. PROPERTY LOCATION: 15860-15894 WINCHESTER BOULEVARD AND 17484 SHELBURNE WAY APPLICANT/PROPERTY OWNER: GREEN VALLEY CORP. D.B.A. SWENSON APPELLANT: ERIC HULSER
WHEREAS, on August 9, 2023, the Planning Commission held a duly-noticed public
hearing and considered a request for demolition of one existing office and four residential
buildings, construction of an assisted living and memory care facility, variance from the maximum
height and lot coverage of the zone, merger of four lots into one, and removal of large protected
trees on property zoned O (Proposed Project); and
WHEREAS, on August 9, 2023, the Planning Commission approved the Proposed Project
with additional conditions to reduce the building height and plant evergreen trees along the
south property line; and
WHEREAS, on August 21, 2023, the appellant, an interested person, filed a timely appeal
of the decision of the Planning Commission approving the Proposed Project; and
WHEREAS, this matter came before the Town Council for public hearing on September
19, 2023, 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. The 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 11
Draft Resolution to
be modified by Town
Council deliberations
and direction.
their meeting on September 19, 2023, along with any and all subsequent reports and materials
prepared concerning this application.
NOW, THEREFORE, BE IT RESOLVED:
1. The appeal of the decision of the Planning Commission approving a request for
demolition of one existing office and four residential buildings, construction of an assisted living
and memory care facility, variance from the maximum height and lot coverage of the zone,
merger of four lots into one, and removal of large protected trees on property zoned O is granted
and the application is denied.
2. 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.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los
Gatos, California, held on the 19th day of September 2023, by the following vote:
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE: ___________________
ATTEST:
TOWN CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE: ___________________