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1985-030-Denying Appeal From Planning Commission Determination That Property Has Been Illegally Subdivision And Instructing Town Attorney To Record A Notice Of Violation Pursuant To Government Code Section 66499.36RESOLUTION NO. 1985 -30 RESOLUTION DENYING APPEAL FROM PLANNING COMMISSION DETERMINATION THAT PROPERTY HAS BEEN ILLEGALLY SUBDIVIDED AND INSTRUCTING TOWN ATTORNEY TO RECORD A NOTICE OF VIOLATION PURSUANT TO GOVERNMENT CODE SECTION 66499.36 (16 and 1b-1/2 Clifton Avenue -- Walter L. Crafford, Barbara Crafford, Kenneth H. Crafford and Karen Crafford) WHEREAS: 1; Jeffrey P. Widroan, attorney on behalf of Walter and Barbara Crafford, Kenneth Crafford, and Karen Crafford, has appealed a decision of the Planning Commission as follows: Determination that the property at 16 and 16 -1/2 Clifton Avenue has been illegally subdivided and instruction to the Town Attorney to record a notice of violation pursuant to Government Code Section 66499.36 (Subdivision Application M- 84 -13). 2. A public hearing was held on February 19, 1985; IT IS HEREBY RESOLVED: 1. The Town Council hereby finds that the findings of the Planning Commission are correct as follows: One or more acts of the property owners have consti- tuted an illegal subdivision, or have put a line on the property map so as to create the appearance of a subdivision. The 1907 legal description puts together what is shown as I and II as shown on Attachment A. I and II have been conveyed together and the new line was put on by the Santa Clara County Tax Assessor at the request of the present owners. 2. The Town Council further finds that the decision of the Planning Commission was correct as follows: a. The property at 15 and 16 -1/2 Clifton Avenue has been illegally divided in violation of the provisions of the State Subdivision Map Act and the Los Gatos Zoning Ordinance. b. The Town Attorney is instructed to record a notice of violation with the Santa Clara County Recorder pursu- ant to Government Code Section 66499.36. 3. Based on the foregoing findings, the appeal is denied. The property at to and 16 -1 12 Clifton Avenue has been illegally divided. The Town Attorney is instructed to recora a notice of violation with the Santa Clara County Recorder pursuant to Government Code Section 66499.36. Pursuant to Los Gatos Town Code Section 1-15, the time for seeking judicial review for the Town Council decision is governed by California Code of Civil Procedure Section lu94.6. PASSED AND ADOPTED at a , regular meeting of the Town Council of the Town of Los Gatos held on the 4th day of March 1985 by the following vote: AYES: COUNCILHEMBERS Terrence J. Daily, Thomas J. Ferrito, and Brent N. Ventura WOES: COUNICILMEMBERS None ABSTAIN: COUNCILMEMbERS Mayor Joanne Benjamin ABSENT: COUNCILHEMBERS Eric D. Carlson SIGNED: X1 VIAYUk IOWN O� LOS GAT -O S ATTEST: --O�CL -2- Meeting of 3/4/85 Addendum to Item 18 (16 and 16 -1/2 Clifton Avenue, Walter L. and Barbara Crafford) as mentioned in paragraph of the resolution) HAYSELDEN SUBDIVISION ATTACHMENT A