1995-040-Deny An Application For A General Plan Amendment To Modify The Vehicular Traffic Trip Allocation From The Alberto Way Basin AreaRESOLUTION 1995 - 40
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
DENYING AN APPEAL OF A PLANNING COMMISSION DECISION TO DENY AN
APPLICATION FOR A GENERAL PLAN AMENDMENT TO MODIFY
THE VEHICULAR TRAFFIC TRIP ALLOCATION FROM
THE ALBERTO WAY BASIN AREA
AND A ZONE CHANGE FROM R- 1:8000 (SINGLE- FAMILY RESIDENTIAL
8,000 SQ. FT. MINIMUM LOT SIZE) TO R- M:5 -12 -PD (MULTIPLE- FAMILY
RESIDENTIAL, 5 -12 DWELLING UNITS PER NET ACRE - PLANNED DEVELOPMENT)
TO PERMIT THE CONSTRUCTION OF EIGHT DETACHED SINGLE - FAMILY
RESIDENTIAL STRUCTURES
ON APPROXIMATELY 1.4 ACRES OF PROPERTY
NEGATIVE DECLARATION APPLICATION ND -92 -1
GENERAL PLAN AMENDMENT APPLICATION GP -92 -6
ZONE CHANGE APPLICATION Z -92 -6
(PROPERTY ADDRESS: 337 BELLA VISTA AVENUE
APPLICANT: BELLA VISTA GARDENS)
WHEREAS:
A. This matter came before the Council for public hearing on March 6, 1995, on an
appeal by the applicant from a decision of the Planning Commission and was regularly noticed in
conformance with State and Town law.
B. The Council received testimony and documentary evidence from the applicant and
all interested persons who wished to testify or submit documents, and the public hearing was
continued to March 20, 1995, in order to provide the applicant additional time to respond to the
comments and questions of the Council and interested persons. Additional testimony and
documentary evidence was received at the March 20 continued public hearing. The 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
dated March 1, 1995, concerning this application.
C. Applicant filed this application on September 25, 1992. Due to a variety of
circumstances, applicant has been unable to proceed with revising the plans for the project and to
ready the project for further review by the Development Review Committee for consideration by
the Planning Commission, so that recommendations can be made to the Town Council.
D. At the public hearing, applicant indicated that the project should be ready to move
forward again in approximately six (6) months.
E. Applicant conducted or paid for a number of studies with relation to the
application, and those studies will be usable as a source of information for a future application
for development of the subject site.
F. It is important that incomplete or partial applications not continue as active
applications for extended periods of time so that planning policies and community concerns can
be updated and renewed, and so that applicants and concerned citizens are not misled with regard
to those policies or concerns when the application becomes stale from inactivity. The provisions
of Resolution 1984 -21 apply to this application.
G. The Planning Commission did not err in denying the application because of
inactivity.
H. The issue of refund of fees, if any, should be dealt with as a separate matter, and
Town staff will return to the Council with a report on the disposition of the fees paid by the
applicant. At that time, the applicant may request the Council to direct a different refund of fees
than approved by staff.
L This denial, as with the decision by the Planning Commission, is not on the merits
or substance of the application, but is a procedural decision based on the lack of progress in the
application. Pursuant to the Town Code, the applicant may refile the same or similar application
at any time after July 17, 1995.
RESOLVED:
1. The appeal of the Planning Commission decision on General Plan Amendment
Application GP -92 -6 to modify the vehicular traffic Trip allocation from the Alberto Way Basin
Area, Zone Change Application Z -92 -6 for a change from R- 1:8000 to R- M:5- 12 -PD, and
Negative Declaration Application ND -92 -1 to permit the construction of eight detached single -
family residential structures at 337 Bella Vista Avenue is denied.
This 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 besought 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 or federal law.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of
Los Gatos, California, held on the 17th day of April, 1995 by the following vote.
COUNCIL MEMBERS:
AYES: Randy Attaway, Joanne Benjamin, Steven Blanton, Linda Lubeck
Mayor Patrick O'Laughlin
NAYS: None
ABSENT: None
ABSTAIN: None (�(\
SIGNED:
MAYOR OF THE TOWN O LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
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'LC
CLERK OF THE TOWN OF LO GATOS
LOS GATOS, CALIFORNIA
WSHAREWT041795.R16