1996-023-Approval Of A Certificate Of Compliance Granted For Property In The HR-1 Zone To Remove The Requirement That Access To The Lot Be Directly From The Street Frontage And Not Cross Other Land Subdivision Application M-95-4RESOLUTION 1996 - 23
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
APPROVING REQUEST FOR MODIFICATION TO A CONDITION OF APPROVAL OF
A CERTIFICATE OF COMPLIANCE GRANTED FOR PROPERTY IN THE HR -1 ZONE
TO REMOVE THE REQUIREMENT THAT ACCESS TO THE LOT BE DIRECTLY
FROM THE STREET FRONTAGE AND NOT CROSS OTHER LAND
SUBDIVISION APPLICATION M -95 -4.
PROPERTY LOCATED AT 16035 CAMINO DEL CERRO.
PROPERTY OWNERS: WILFRED W. CARSTENS /MARGARET F. CARSTENS.
WHEREAS:
A. This matter came before the Council on February 20, 1996, with a
recommendation for approval from the Planning Commission after the Council had referred
the matter to the Commission in Resolution No. 1995 -120.
B. The Council received testimony and documentary evidence from all interested
persons who wished to testify or submit documents. The Council considered all testimony and
materials submitted, including the record of the Planning Commission proceedings and the
packet and documents attached to the Council Agenda Report dated February 6, 1996,
concerning this application.
C. The property owners have demonstrated that taking access to the lot directly
from the street frontage may have significant environmental effects, and the use of the existing
driveway to provide access may be the most environmentally sound means of providing access
as generally shown in Figure 6 submitted by the applicants and attached to the February 6,
1996, Agenda Report.
D. Any future application for development of this lot will be subject to Town
review for the proposal's impact on drainage, geological stability, driveway location, and the
overall environmental effect of the proposal on this sensitive site, and this approval does not
constitute nor shall it be construed to constitute any pre - approval of any project for this site.
E. This approval is categorically exempt pursuant to Section 15303 of the State
CEQA Guidelines.
F. The recommendation of the Planning Commission should be approved.
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1. The application to remove the Condition of Approval requiring access to the lot
be directly from the street frontage and not cross other property that was imposed on the1992
Certificate of Compliance for 16035 Camino del Cerro is approved.
2. The Town Manager is authorized to execute any documents necessary to
remove the condition of approval from the Certificate of Compliance on record with the
County Recorder of Santa Clara County.
3. This decision does not and shall not constitute any precedent for permitting
access from or across adjacent properties, and the Town Council shall continue to examine any
such request on a specific site, design, and environmental basis under the Town Code and
Town policies.
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 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 or federal law.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of
Los Gatos, California, held on the 4th day of March, 1996 by the following vote.
COUNCIL MEMBERS:
AYES: Joanne Benjamin, Steven Blanton, Linda Lubeck, Patrick O'Laughlin,
Mayor Randy Attaway
NAYS: None