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 ..., ;
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CLER �OF HE TOWN OF LOS GATOS
LOS GA S, CALIFORNIA
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA