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!QS Gs�g� COUNCIL AGENDA REPORT
DATE: AUGUST 24, 2012
TO: MAYOR AND TOWN COUNCIL
FROM: GREG LARSON, TOWN MANAGER
MEETING DATE: 9/4/12
ITEM NO:
SUBJECT: PROPERTY LOCATION: 90 -160 ALBRIGHTWAY_ AND 14600
WINCHESTER BOULEVARD.
ADOPT RESOLUTION TO SET ASIDE AND VOID APPROVALS OF: A
REQUEST TO CHANGE THE ZONE FROM CM:PD TO CM:PD; A
DEVELOPMENT AGREEMENT; A MITIGATED NEGATIVE
DECLARATION; AND AN ARCHITECTURE AND SITE APPROVAL.
APN'S: 424 -31 -053, 054, 063, 424 -32 -038, 045, 049, 054, 059, 060, AND 063.
RECOMMENDATION:
Adopt a resolution (Attachment 1) to set aside and void approvals of: amending the zoning
ordinance effecting a zone change from CM:PD to CM:PD; a development agreement; a
mitigated negative declaration; and an architecture and site approval at 90 -160 Albright Way and
14600 Winchester Boulevard.
DISCUSSION:
On June 20, 2011, Council certified Mitigated Negative Declaration ND -11 -04 regarding the
environmental analysis of the planned development project. On August 1, 2011, Council
introduced an ordinance approving Planned Development Application PD- 10 -05, rezoning
property from CM:PD to CM:PD for a planned development of land, introduced an ordinance
approving a Development Agreement, and adopted Resolution 2011 -054 certifying Mitigated
Negative Declaration ND -11 -04 regarding the environmental analysis of the land development
project. On August 15, 2011, Council adopted Ordinance No. 2199, approving Planned
Development Application PD -10 -05 and Ordinance No. 2200, approving a Development
Agreement. On September 16, 2011, Council approved Architecture and Site Application 5-11 -
051, granting approval to demolish five existing commercial buildings and construct two new
office buildings.
PREPARED BY: Todd Capurso, Acting Director of Community Development � 1 V
Reviewed by: Assistant Town Manager Town Attorney Finance
N:\DEV \TC REPORTS\2012\Albright 94- 2012.doex Reformatted: 5/30/02
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: 90 -160 Albright Way and 14600 Winchester Boulevard — Voiding Approvals
August 24, 2012
On July 6, 2012, the Superior Court of Santa Clara County entered judgment in the matter of Los
Gatos Citizens for Responsible Development; Lee Quintana v. Town of Los Gatos; Town Council
of Los Gatos, Case No. 111 -CV- 209214, ordering the Town to set aside and void any and all
project approvals and findings for the Albright Way development project. 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 setting aside and 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:
1. Proposed Resolution
Distribution:
cc: John Shenk, 700 Emerson Street, Palo Alto, CA 94301
David A. Kingery, 4 Orinda Way, Suite 170D, Orinda, CA 94563
WR:JP:ct
N:\DEV \TC REPORTS\2012\Albright 9- 4- 2012.docx
RESOLUTION 2012-
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
TO SET ASIDE AND VOID APPROVALS OF: A REQUEST TO CHANGE THE ZONE
FROM CM:PD TO CM:PD; A DEVELOPMENT AGREEMENT; A MITIGATED
NEGATIVE DECLARATION; AND AN ARCHITECTURE AND SITE APPROVAL.
APNs: 424 -31 -053, 054, 063, 424 -32 -038, 045, 049, 054, 059, 060, AND 063
PLANNED DEVELOPMENT APPLICATION PD- 010 -05
ARCHITECTURE AND SITE APPLICATION S -11 -051
MITIGATED NEGATIVE DECLARATION ND -11 -04
DEVELOPMENT AGREEMENT
PROPERTY LOCATION: 90 -160 ALBRIGHT WAS' AND
14600 WINCHESTER BOULEVARD
WHEREAS:
A. This matter came before the Town Council for public hearing September 4, 2012, and
was regularly noticed in conformance with State and Town law.
B. Approvals of applications in this matter were granted as follows:
(1) On June 20, 2011, Council certified Mitigated Negative Declaration ND-
11 -04 regarding the environmental analysis of the planned development project.
(2) On August 1, 2011, Council introduced an ordinance approving Planned
Development Application PD- 10 -05, rezoning property from CM:PD to CM:PD for a planned
development of land.
(3) On August 1, 2011, Council introduced an ordinance approving a
Development Agreement.
(4) On August 1, 2011, Council adopted Resolution 2011 -054 certifying
Mitigated ' Negative Declaration ND -11 -04 regarding the environmental analysis of the land
development project.
(5) On August 15, 2011, Council adopted Ordinance No. 2199, approving
Planned Development Application PD- 10 -05.
Page 1 of 3
ATAC 1
(6) On August 15, 2011, Council adopted Ordinance No. 2200, approving a
Development Agreement.
(7) On September 16, 2011, Council approved Architecture and Site
Application S -11 -051, granting approval to demolish five existing commercial buildings and
construct two new office buildings.
C. On July 6, the Superior Court of Santa Clara County entered judgment in the
matter of Los Gatos Citizens for Responsible Development; Lee Quintana v. Town of Los Gatos;
Town Council of Los Gatos, Case No. 1- 11- CV- 209214, ordering the Town to set aside and void
any and all project approvals and findings for the Albright Way development project.
RESOLVED:
That the approval of Architecture and Site Application S -11 -051, the enactment of
Ordinance No. 2199 approving Planned Development Application PD- 10 -05, the enactment of
Ordinance No. 2200 approving a Development Agreement, and adoption of Resolution No.
2011 -054, certifying Mitigated Negative Declaration ND -11 -04 regarding the environmental
analysis of the land development project are hereby declared to be set aside and voided and of no
further force and effect as a consequence of the judgment of the Superior Court referred to herein
above.
Page 2 of 3
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of
Los Gatos, California, held on the 4th day of September, 2012, 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 :IDEV',RFSOS'�2012�A1briglitVoid 9- 4- 2012.docx
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