2023-068 - Deny an Appeal of the Planing Commission Decision to Approve a Lot Line Adjustment Application at 17200 Los Robles WayRESOLUTION 2023-068
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
DENYING AN APPEAL OF THE PLANNING COMMISSION DECISION
TO APPROVE A LOT LINE ADJUSTMENT APPLICATION
IN ACCORDANCE WITH CALIFORNIA GOVERNMENT CODE SECTION 66412(D)
FOR THREE ADJOINING LOTS ON PROPERTY ZONED R-1:20.
APNs 532-36-075, -076, and -077
LOT LINE ADJUSTMENT APPLICATION M-23-001.
PROPERTY LOCATION: 17200 LOS ROBLES WAY
PROPERTY OWNERS: DARAN GOODELL, TRUSTEE AND MARK VON KAENEL.
APPLICANT: TONY JEANS. APPELLANT: ALISON STEER.
WHEREAS, on August 15, 2023, the Development Review Committee held a duly -noticed
public hearing and considered a request for approval of a lot line adjustment application in
accordance with California Government Code Section 66412(d) for three adjoining Tots on
property zoned R-1:20 (Proposed Project); and
WHEREAS, in preparation of the August 15, 2023 Development Review Committee
hearing, Town staff prepared a Report to the Development Review Committee which detailed
how the application is statutorily exempt from the California Environmental Quality Act (CEQA)
as a ministerial approval in accordance with Public Resources Code Section 21080(b)(1) (CEQA
Statute) and CEQA Guideline Section 15268, and how the required determinations pursuant to
California Government Code Section 66412(d) for approving a lot line adjustment application
were made; and
WHEREAS, on August 15, 2023, the Development Review Committee approved the
Proposed Project based on the required determinations and recommended conditions of
approval; and
WHEREAS, the facts in the record support the findings; and
WHEREAS, on August 22, 2023, the appellant, an interested person, filed a timely appeal
of the decision of the Development Review Committee approving the Proposed Project; and
WHEREAS, on October 25, 2023, the Planning Commission held a duly -noticed public
hearing and considered the appeal of the Proposed Project; and
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Resolution 2023-068 December 19, 2023
WHEREAS, on October 25, 2023, the Planning Commission denied the appeal and
approved the Proposed Project with modified conditions to clarify the intent of the cul-de-sac
dedication condition of approval; and
WHEREAS, the facts in the record support the findings; and
WHEREAS, on November 3, 2023, the appellant, an interested person, filed a timely
appeal of the decision of the Planning Commission approving the Proposed Project; and
WHEREAS, this matter came before the Town Council for public hearing on December 19,
2023, and was regularly noticed in conformance with State and Town law; and
WHEREAS, the Town Council received testimony and documentary evidence from the
appellant and all interested persons who wished to testify or submit documents. The 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 December 19, 2023, along with any and all subsequent reports and materials
prepared concerning this application; and
WHEREAS, the Town Council was unable to make the findings required to grant an
appeal of a decision of the Planning Commission, in accordance with Town Code section
29.20.275, with the Town Council finding the following:
1. There was not an error or abuse of discretion by the Planning Commission; and
2. The Planning Commission decision is supported by substantial evidence in the record.
NOW, THEREFORE, BE IT RESOLVED:
1. The appeal of the decision of the Planning Commission decision to approve the
Proposed Project, including the condition modified in the Planning Commission's decision to
clarify the intent of the cul-de-sac dedication condition of approval are upheld.
2. 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.
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Resolution 2023-068 December 19, 2023
Der -it
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los
Gatos, California, held on the 19th day of December 2023, by the following vote:
COUNCIL MEMBERS:
AYES: Maria Ristow, Rob Rennie, Rob Moore, Mayor Mary Badame
NAYS: None
ABSENT: None
ABSTAIN: Matthew Eludes
ATTEST:
TO N CLERK OF TOF LOS GATOS
LOS GATOS, CALIFORNIA
DATE: L2/21 J2o7_3
SIGNED:
adG(/rrL
F THE TOWN OF LOS GATOS
OS, CALIFORNIA
DATE: /zI2f /23
RESOLUTION 2023-068
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December 19, 2023