2012-052 - 90-160 Albright Way and 14600 Winchester Boulevard set aside and void approvals of a request to change the zone from CM:PD to CM:PDRESOLUTION 2012 -052
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
TO SET ASIDE AND VOID APPROVALS OF: A REQUEST TO CHANGE THE ZONE
FROM CM:PD TO CM:PD; A DEVELOPMENT AGREEMENT; A MITIGATED
NEGATIVE DECLARATION; AND AN ARCHITECTURE AND SITE APPROVAL.
APNs: 424 -31 -053, 054, 063, 424 -32 -038, 045, 049, 054, 059, 060, AND 063
PLANNED DEVELOPMENT APPLICATION PD- 010 -05
ARCHITECTURE AND SITE APPLICATION S -11 -051
MITIGATED NEGATIVE DECLARATION ND -11 -04
DEVELOPMENT AGREEMENT
PROPERTY LOCATION: 90 -160 ALBRIGHT WAY AND
14600 WINCHESTER BOULEVARD
LAVA 1I D1:7 DIF.`A
A. This matter came before the Town Council for public hearing September 4, 2012, and
was regularly noticed in conformance with State and Town law.
11 -04.
B. Approvals of applications in this matter were granted as follows:
(1) On June 20, 2011, Council certified Mitigated Negative Declaration ND-
(2) On August 1, 2011, Council introduced an ordinance approving Planned
Development Application PD- 10 -05, rezoning property from CM:PD to CM:PD for a planned
development of land.
(3) On August 1, 2011, Council introduced an ordinance approving a
Development Agreement.
(4) On August 1, 2011, Council adopted Resolution 2011 -054 certifying
Mitigated Negative Declaration ND -11 -04 regarding the environmental analysis of the land
development project.
(5) On August 15, 2011, Council adopted Ordinance No. 2199, approving
Planned Development Application PD- 10 -05.
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(6) On August 15, 2011, Council adopted Ordinance No. 2200, approving a
Development Agreement.
(7) On September 16, 2011, Council approved Architecture and Site
Application S -11 -051, granting approval to demolish five existing commercial buildings and
construct two new office buildings.
C. On July 6, the Superior Court of Santa Clara County entered judgment in the
matter of Los Gatos Citizens for Responsible Development; Lee Quintana v. Town of Los Gatos;
Town Council of Los Gatos, Case No. 1- 11 -CV- 209214, ordering the Town to set aside and void
any and all project approvals and findings for the Albright Way development project.
RESOLVED:
That the approval of Architecture and Site Application S -11 -051, the enactment of
Ordinance No. 2199 approving Planned Development Application PD- 10 -05, the enactment of
Ordinance No. 2200 approving a Development Agreement, and adoption of Resolution No.
2011 -054, certifying Mitigated Negative Declaration ND -11 -04 regarding the environmental
analysis of the land development project 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 herein
above.
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PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of
Los Gatos, California, held on the 4`h day of September, 2012, by the following vote:
COUNCIL MEMBERS:
AYES: Steven Leonardis, Diane McNutt, Joe Pirzynski, Barbara Spector, and Mayor Steve Rice
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
MAYO F THE TO OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST: mm //
U�G�QA"
CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
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