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1995-040-Deny An Application For A General Plan Amendment To Modify The Vehicular Traffic Trip Allocation From The Alberto Way Basin AreaRESOLUTION 1995 - 40 RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DENYING AN APPEAL OF A PLANNING COMMISSION DECISION TO DENY AN APPLICATION FOR A GENERAL PLAN AMENDMENT TO MODIFY THE VEHICULAR TRAFFIC TRIP ALLOCATION FROM THE ALBERTO WAY BASIN AREA AND A ZONE CHANGE FROM R- 1:8000 (SINGLE- FAMILY RESIDENTIAL 8,000 SQ. FT. MINIMUM LOT SIZE) TO R- M:5 -12 -PD (MULTIPLE- FAMILY RESIDENTIAL, 5 -12 DWELLING UNITS PER NET ACRE - PLANNED DEVELOPMENT) TO PERMIT THE CONSTRUCTION OF EIGHT DETACHED SINGLE - FAMILY RESIDENTIAL STRUCTURES ON APPROXIMATELY 1.4 ACRES OF PROPERTY NEGATIVE DECLARATION APPLICATION ND -92 -1 GENERAL PLAN AMENDMENT APPLICATION GP -92 -6 ZONE CHANGE APPLICATION Z -92 -6 (PROPERTY ADDRESS: 337 BELLA VISTA AVENUE APPLICANT: BELLA VISTA GARDENS) WHEREAS: A. This matter came before the Council for public hearing on March 6, 1995, on an appeal by the applicant from a decision of the Planning Commission and was regularly noticed in conformance with State and Town law. B. The Council received testimony and documentary evidence from the applicant and all interested persons who wished to testify or submit documents, and the public hearing was continued to March 20, 1995, in order to provide the applicant additional time to respond to the comments and questions of the Council and interested persons. Additional testimony and documentary evidence was received at the March 20 continued public hearing. The 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 March 1, 1995, concerning this application. C. Applicant filed this application on September 25, 1992. Due to a variety of circumstances, applicant has been unable to proceed with revising the plans for the project and to ready the project for further review by the Development Review Committee for consideration by the Planning Commission, so that recommendations can be made to the Town Council. D. At the public hearing, applicant indicated that the project should be ready to move forward again in approximately six (6) months. E. Applicant conducted or paid for a number of studies with relation to the application, and those studies will be usable as a source of information for a future application for development of the subject site. F. It is important that incomplete or partial applications not continue as active applications for extended periods of time so that planning policies and community concerns can be updated and renewed, and so that applicants and concerned citizens are not misled with regard to those policies or concerns when the application becomes stale from inactivity. The provisions of Resolution 1984 -21 apply to this application. G. The Planning Commission did not err in denying the application because of inactivity. H. The issue of refund of fees, if any, should be dealt with as a separate matter, and Town staff will return to the Council with a report on the disposition of the fees paid by the applicant. At that time, the applicant may request the Council to direct a different refund of fees than approved by staff. L This denial, as with the decision by the Planning Commission, is not on the merits or substance of the application, but is a procedural decision based on the lack of progress in the application. Pursuant to the Town Code, the applicant may refile the same or similar application at any time after July 17, 1995. RESOLVED: 1. The appeal of the Planning Commission decision on General Plan Amendment Application GP -92 -6 to modify the vehicular traffic Trip allocation from the Alberto Way Basin Area, Zone Change Application Z -92 -6 for a change from R- 1:8000 to R- M:5- 12 -PD, and Negative Declaration Application ND -92 -1 to permit the construction of eight detached single - family residential structures at 337 Bella Vista Avenue is denied. This 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 besought 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 or federal law. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 17th day of April, 1995 by the following vote. COUNCIL MEMBERS: AYES: Randy Attaway, Joanne Benjamin, Steven Blanton, Linda Lubeck Mayor Patrick O'Laughlin NAYS: None ABSENT: None ABSTAIN: None (�(\ SIGNED: MAYOR OF THE TOWN O LOS GATOS LOS GATOS, CALIFORNIA ATTEST: {.. . 'LC CLERK OF THE TOWN OF LO GATOS LOS GATOS, CALIFORNIA WSHAREWT041795.R16