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90-160 Albright Way and 14600 Winchester BoulevardggW N Oar rN . 4NIl 4 !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 Page 3 of 3 This Page Intentionally Left Blank