05 Staff Report - 15881 Linda Avenue and 15950 Stephanie Lane
5 COUNCIL AGENDA REPORT DATE: FEBRUARY 12,2009 TO: MAYOR AND TOWN COUNCIL FROM: ORRYP. KORB, TOWN MEETING DATE: 02-17-09 CONSENT SUBJECT: ADOPT RESOLUTION SETTING
ASIDE AND VOIDING APPROVALS OF A REQUEST TO CHANGE THE ZONE FROM R-l:8 TO R-l:8 PD AND TO DEMOLISH A SINGLE FAMILY RESIDENCE; APN: 523-25-020 AND 52325-036; PLANNED DEVELOPMENT APPLICATION
PD-05-02; ARCHITECTURE AND SITE APPLICATION S-06-050; NEGATIVE DECLARATION ND-07-07; AND RELATED SUBSIDIARY APPLICATIONS; PROPERTY LOCATION: 15881 LINDA AVENUE AND 15950 STEPHENIE LANE
RECOMMENDATION: Adopt a resolution setting aside and voiding decisions amending the zoning ordinance effecting a zone change from R-1:8 to R-1:8:PD at 15881 Linda Avenue and a portion
ofl5950 Stephenie Lane, and related subsidiary approvals. DISCUSSION: On December 18, 2007, Council approved Architecture and Site Application S-06-050, granting approval of an application
to demolish a single family residence, introduced an ordinance approving Planned Development Application PD-05-02, rezoning property from R-I:8 to R-l :8PD, and approving a planned development
of land, and certified Negative Declaration ND-07-07, regarding the environmental analysis of the land development project described in the above applications. On January 22, 2008, Council
adopted Ordinance No. 2157, approving Planned Development Application PD-05-02 and adopted Resolution No. 2008-007, making findings in suppoli of the approval of the land development
project described in the above applications. Thereafter several subsidiary applications related to the project, including a subdivision application, tree removal permit and demolition
permit, were approved. PREPARED BY: ORRY P. KORB, TOWN ATTORNEY OPK:djl'1wp [N:\ATY\Reports\Report 158811.imia Avenucwpdl Reviewed by: J22rown Manager Q -S Finance Rev: 21t2/09 10:12
am Reformatted: 7/19/99 Assistant Town Manager Community Development Clerk Filc# 301-05
PAGE 2 MAYOR AND TOWN COUNCIL SUBJECT: 15881 LINDA AVENUE Februmy 12, 2009 On November 6, 2008, the Superior Court of Santa Clara County entered judgment in the matter of Ross Creek
Neighbors, et al. v. Town ofLos Gatos, et aI, Case No. 1-08-CV-106461, ordering the Town to set aside and void invalidation of the aforementioned project approvals. The proposed resolution
responds to the order. ENVIRONMENTAL ANALYSIS: Action on the proposed resolution does not constitute a "project" as defined by section 15378 of the CEQA Guidelines because the voiding
of land use approvals pursuant to a court order is not an action which has a potential for resulting in either a direct or reasonably foreseeable indirect physical change in the environment.
FISCAL ANALYSIS: Action on the proposed resolution will not result in a fiscal impact. Attachment: Proposed Resolution
RESOLUTION NO. 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-l:8 TO R1:8 PD AND TO DEMOLISH A SINGLE
FAMILY RESIDENCE APN: 523-25-020 AND 523-25-036 PLANNED DEVELOPMENT APPLICATION PD-05-02 ARCffiTECTURE 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 ofapplications 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 residcnce. (2) On December 18, 2007, Council introduced an ordinance approving Planned Development Application 1'D-05-02, re-zoning property
from R-I:8 to R-1-8PD, and approving a planned development of land. (3) On December 18, 2007, Council celtified Negative DeclarationNO-O?-07, regarding the environmental analysis ofthe
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
propelty from R-1:8 to R-l :8PD, and approving a planned development of land. (5) On January 22,2008, Council adopted Resolution No. 2008-007, making findings in SUppOlt 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, thc Town approved a
Lot Line Adjustment (MLD08-00 I). (8) On April28, 2008, the Town approved a building pennitto demolish a single fam ily rcsidence (B08-0255). Page I of 2
(9) On June 3, 2008, the Town DevelopmentReview Committee approved Subdivision Application M-08-00 I seeking approval ofa subdivision ofproperty as required by the Planned Development
approved in by Ordinance No. 2157. C. On November 6, 2008, the Superior Comt of Santa Clara County entered judgment in the matter ofRoss Creek Neighbors, et al. v. Town ofLos 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 ofResolution No. 2008-007, the approval ofSubdivision Application M08-001, athe approval of Lot Line Adjustment MLD 08-001, the approval of Tree Removal Permit T08-064,
and the approval ofBuilding Permit B08-0255 are hereby declared to be set aside and voided and ofno further force and effect as a consequence ofthe judgment of the Superior Comt referred
to hereinabove. PASSED ANl) ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California held on the 17'h day of February, 2009 , by the following vote: COUNCIL
MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: SIGNED: MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALll'ORNIA ATTEST: Page 2 of 2 .