Attachment 3 - Draft Resolution to deny the project
Draft Resolution to be
modified by Town
Council deliberations
RESOLUTION 2017-
and direction.
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
DENYING A REQUEST FOR CONSTRUCTION OF A
NEW VETERANS MEMORIAL ON PROPERTY ZONED C-1:PD
APN: 529-34-108
ARCHITECTURE AND SITE APPLICATION: S-17-013
PROPERTY LOCATION: 110 E. MAIN STREET
PROPERTY OWNER: TOWN OF LOS GATOS
APPLICANT: PATRICK FLANDERS
WHEREAS, the applicant on behalf of the Veterans Memorial and Support Foundation of
Los Gatos, requests approval for construction of a new Veterans Memorial in the redwood
grove area of the Town Civic Center on property zoned C-1:PD; and
WHEREAS, this matter was regularly noticed in conformance with State and Town law
and came before the Town Council for public hearing on December 5, 2017; and
WHEREAS, the Town Council received testimony and documentary evidence from the
applicant and all interested persons who wished to testify or submit documents. The Town
Council considered all testimony and materials submitted, including the packet of material
contained in the Council Agenda Report for its meeting on December 5, 2017, along with any
and all subsequent reports and materials prepared concerning this application; and
WHEREAS, Council finds as follows:
A.The project is not in compliance with the Town’s Public Art Selection Policy and
Procedure; and
B.The considerations in review of an Architecture and Site application cannot be
made in reviewing this project, as required by Section 29.20.150 of the Town Code.
ATTACHMENT 3
NOW, THEREFORE, BE IT RESOLVED:
1. The request for approval for construction of a new Veterans Memorial in the
redwood grove area of the Town Civic Center is denied.
2. The decision constitutes a final administrative decision pursuant to California 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 California 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 5 th day of December, 2017, by the following vote:
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
N:\\DEV\\RESOS\\2017\\E. Main Street 110 - Resolution Deny.docx