Attachment 19RESOLUTION 2012-
RESOLUTION DENYING PLANNED DEVELOPMENT APPLICATION PD -10 -001 FOR
RENOVATION AND EXPANSION OF AN EXISTING APARTMENT COMPLEX
APNs: 529 -13 -016, 529 -09 -031 AND 034
PLANNED DEVELOPMENT APPLICATION PD -10 -001
NEGATIVE DECLARATION ND -10 -001
PROPERTY LOCATION: 135 RIVIERA DRIVE
PROPERTY OWNER: THE SOBRATO ORGNIZATION
APPLICANT: TIM STEELE
WHEREAS, this matter came before the Town Council for public hearing on January 17,
2012, and was regularly noticed in conformance with State and Town law.
WHEREAS, the applicant seeks to renovate and expand an existing apartment complex at
135 Riviera Drive (Riviera Terrace) and to apply State Density Bonus law to the project.
WHEREAS, a Mitigated Negative Declaration (MND) and Mitigation Monitoring Plan
(MMP) have been prepared for the project as required by the California Environmental Quality Act.
WHEREAS, on September 14, 2011, the Planning Commission considered the proposal
and recommended denial of the Planned Development application. The Commission further
recommended that the MND and MMP not be adopted, finding that the proposed project would
adversely impact the riparian corridor on the property.
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 record of the Planning
Commission proceedings and the packet of material contained in the Council Agenda Report dated
January 6, 2012, along with any and all subsequent reports and materials prepared concerning this
application.
ATi ACF'- i?C'N`I 1 9
WHEREAS, Council finds as follows:
1. The Planning Commission was correct in its findings.
2. The proposed project will have a specific adverse impact on the physical
environment in the form of encroachment into the riparian canopy. There is
no feasible method to satisfactorily mitigate or avoid this impact without
rendering the project unaffordable. The proposed project does not comply
with CEQA requirements.
NOW, THEREFORE, BE IT RESOLVED THAT the Mitigated Negative Declaration
and Mitigation Monitoring Plan are not adopted.
BE IT FURTHER RESOLVED that, Planned Development PD -10 -001 for renovation
and expansion of the Riviera Terrace Apartment complex is denied.
BE IT FURTHER RESOLVED that, the 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
be sought 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 and Federal Law.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los
Gatos, California on the 17` day of January 2012, by the following vote.
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED: /s/Mayor Steve Rice
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST: /s/Mazarin Vakharia
DEPUTY CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
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