1995-125-Approval Of A Certificate Of Compliance Granted For Property In The Hr-1 ZoneRESOLUTION 1995 - 125
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS GRANTING
AN APPEAL OF A PLANNING COMMISSION DECISION TO DENY A 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]
AND RETURNING APPLICATION TO PLANNING COMMISSION FOR FURTHER
REVIEW
SUBDIVISION APPLICATION M -95-4
(PROPERTY ADDRESS: 16035 CAMINO DEL CERRO
PROPERTY OWNERS: WILFRED W. CARSTENS AND MARGARET F. CARSTENS
APPELLANT: PRESTON W. HILL ATTORNEY FOR PROPERTY OWNERS
WHEREAS:
A. This matter came before the Council for public hearing on August 7, 1995, on an
appeal by the property owners from a decision of the Planning Commission and was regularly
noticed in conformance with State and Town law.
B. The Council received testimony and documentary evidence from the property
owners and 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 attached to the Council Agenda Report dated July 28,
1995, concerning this application.
C. At the public hearing, the Council received drawings and testimony from the
property owners regarding the environmental impact of placing a driveway on the property. That
was information that the Planning Commission had not received.
D. It is the policy of the Council to return applications to the Planning Commission
for review when new information like this is received.
E. Town staff should evaluate the information provided by the property owners and
determine whether better alternatives for bringing the driveway exist and whether other access
could be developed that would not cause a significant environmental impact.
F. Town staff should also provide information to the Commission regarding the
Town's experience with driveway easements crossing adjacent property and the reasons for
generally disapproving such arrangements.
G. The Planning Commission should then measure the relative environmental effects
and make its recommendation on the application to the Council based on all the information then
available to the Commission.
RESOLVED:
1. The appeal of the decision of the Planning Commission on Subdivision Application
M -95 -4 is granted insofar as the application is returned to the Planning Commission for further
review pursuant to this Resolution.
2. Following the recommendation of the Commission, this matter will be returned to
the Council for final decision.
3. This resolution does not constitute a final decision by the Town.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los
Gatos, California, held on the 5th day of September, 1995 by the following vote.
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AYES: Randy Attaway, Joanne Benjamin, Steven Blanton, Linda Lubeck
Mayor Patrick O'Laughlin
NAYS: None
ABSTAIN: None
SIGNED:
MAYOR OF THE TOW OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
)
CLERK OF THE TO N OF L S GATOS
LOS GATOS, CALIFORNIA
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