1994-099-Uphold A Decision Of The Development Review Committee To Deny A Two-Lot Subdivision Of A 10.6 Acre Parcel And Relocation Of An Open Space Easement In The 2-1/2 ZoneRESOLUTION 1994 -99
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
DENYING APPEAL OF A DECISION OF THE PLANNING COMMISSION
TO UPHOLD A DECISION OF THE DEVELOPMENT REVIEW COMMITTEE
TO DENY A TWO -LOT SUBDIVISION OF A 10.6 ACRE PARCEL
AND RELOCATION OF AN OPEN SPACE EASEMENT IN THE HR 2 -% ZONE;
NEGATIVE DECLARATION ND -93 -6 AND SUBDIVISION APPLICATION M -93 -2
PROPERTY ADDRESS: 307 BELGATOS LANE /PROPERTY OWNERS/
APPELLANTS: TASSO AND SOULAS PATTAS
WHEREAS:
THE COUNCIL FINDS AS FOLLOWS:
A. This matter came before the Council on appeal by the applicants from a decision
of the Planning Commission, as Advisory Agency, denying a 2 -lot subdivision of a 10.6 acre
parcel and relocation of an open space easement in the HR 2 -; Zone and was regularly
noticed in conformance with State and Town law.
B. The Council has reviewed and considered the record from the Planning
Commission, the letters and other documents submitted to the Council, and the testimony
received at public hearing.
C. The proposed division of parcels would alter a subdivision that had been
extensively thought out by the Town at the time of the original subdivision that adopted a
reasonable balance between open space and development.
D. The present application has difficult problems of access, grading, and visibility
and is a textbook example of what the Town does not want as development on hillside
areas.
E. The record itself demonstrates why trying to torture 2 homesites out of the
existing parcel is not a good idea. Logic, the Hillside Specific Plan, and years of Town
experience lead to this conclusion.
F. Building one or more homes on the site will not solve the neighborhood
problems.
G. The rules for the site had been clearly established in the original subdivision, and
there are no compelling reasons to alter and reverse the prior subdivision decision.
H. Building on the side of the hill as proposed would be very destructive, and it
would not enhance the community.
I. Applicants will not lose the value that was in the property when it was purchased.
J. It does not appear feasible or appropriate to develop 2 Lots at the top of the
property ridge.
K. The application was recommended for denial by the Development Review
Committee and denied by a unanimous vote of the Planning Commission.
L. It does not appear that the Planning Commission erred.
RESOLVLD:
I. The appeal is denied.
Pursuant to Los Gatos Town Code Section 1.10.085, the time for seeking judicial
review for the Town Council decision is governed by California Code of Civil Procedure
Section 1094.6.
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PASSED AND ADOPTED at a regular meeting of the Town Council of the Town
of Los Gatos, California, held on the 5th day of July, 1994 by the following vote.
COUNCIL MEMBERS:
AYES: Joanne Benjamin, Steven Blanton, Linda Lubeck, Patrick O'Laughlin
Mayor Randy Attaway
NAYS: None
ABSENT: None
ABSTAIN: None
SIGNED:
MAYOR OF E TOWN OF GATOS
LOS GATOS, CALIFORNIA
ATTEST:
f�
CLERK OF THE TOWN OF LgS GATOS
LOS GATOS, CALIFORNIA
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