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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 This Page Intentionally Left Blank