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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