Attachment 7RESOLUTION 2013-
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
DENYING A REQUEST TO APPROVE PLANNED DEVELOPMENT APPLICATION
PD -11 -006, ADOPT NEGATIVE DECLARATION ND -11 -008, AND APPROVE
ARCHITECTURE AND SITE APPLICATION 5 -12 -098.
APNS: 510 -44 -083, 510 -44 -084, & 510 -44 -028
PLANNED DEVELOPMENT APPLICATION PD -11 -006
NEGATIVE DECLARATION ND -11 -008
ARCHITECTURE AND SITE APPLICATION 5 -12 -098
PROPERTY LOCATION: 219 BEAN AVENUE
PROPERTY OWNER: ROMAN CATHOLIC BISHOP OF SAN JOSE
APPLICANT: JEFFREY T. BERG, AIA /STEINBERG ARCHITECTS
WHEREAS, This matter came before the Town Council for public hearing April 15,
2013, and was regularly noticed in conformance with State and Town law.
WHEREAS, The applicant seeks approval for rezoning from R -11) & C -2 to R -1D:PD
w allow for the construction of a new Jr. High School, modify existing school operations, and
continue church services and activities.
WHEREAS, On March 13, 2013, the Planning Commission considered a request for
approval of rezoning from R -11) and C -2 to R -1D :PD to allow for the construction of a new Jr.
High School, modify existing school operations, and continue church services and activities on
property zoned R -1D and C -2. The Planning Commission recommended approval of the request
with modifications, including the applicant's request to reduce the amount of brick on the
proposed junior high school building, finding that no significant impacts have been identified
and a Mitigated Negative Declaration is recommended for the proposed project; that the
proposed Zone Change is consistent with the General Plan and its Elements; that the proposed
project is consistent with the Redevelopment Plan for the Central Los Gatos Redevelopment
Project Area (Section IV.B); the benefits of the project to the Town outweigh the impact of
XTTAC H 7
increased traffic; and, as required by Section 29.20.150 of the Town Code, the considerations in
review of an Architecture and Site application were all made in reviewing this project as
discussed within the March 13, 2013, Planning Commission report.
WHEREAS, Town Council received testimony and documentary evidence from the
applicant and all interested persons who wished to testify or submit documents. 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 for
their meeting on April 15, 2013, along with any and all subsequent reports and materials
prepared concerning this application.
WHEREAS, Council finds as follows:
A. That the proposed Zone Change is not consistent with the General Plan and its
Elements; that the proposed project is not consistent with the Redevelopment Plan for the Central
Los Gatos Redevelopment Project Area (Section IV.B; the benefits of the project to the Town do
not outweigh the impact of increased; and, as required by Section 29.20.150 of the Town Code,
the considerations in review of an Architecture and Site application cannot be made. These
findings are based on the evidence presented in the Council Agenda Report for their meeting on
April 15, 2013, and incorporates the findings made by the Planning Commission on March 13,
2013, regarding this application.
NOW, THEREFORE, BE IT RESOLVED THAT the Planned Development
Application PD -11 -006, Negative Declaration ND -11 -008, and Architecture and Site Application
5 -12 -098 to rezone from R -11) & C -2 to R -1D:PD to allow for the construction of a new Jr. High
School, modify existing school operations, and continue church services and activities on
property zoned R -1 D & C -2 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, held on the 22 "d day of April, 2013, 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
This Page
Intentionally
Left Blank