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1988-126-Denial Of Request For Approval Of Plans To Subdivide A 9.3 Acre Parcel To Create Two Lots On Property In The Hr-2-1/2 Zone And Remanding The Application To The Planning CommissionRESOLUTION NO: 198B-126 RESOLUTION GRANTING APPEAL OF PLANNING COMMISSION DENIAL OF REQUEST FOR APPROVAL OF PLANS TO SUBDIVIDE A 9.3 ACRE PARCEL TO CREATE TWO LOTS ON PROPERTY IN THE HR -2 -1/2 ZONE AND REMANDING THE APPLICATION TO THE PLANNING COMMISSION FOR CONSIDERATION OF THE OPEN SPACE EASEMENT AND ADDING CERTAIN CONDITIONS RELATED THERETO (17400 PHILLIPS ROAD - OWNER JACK COOK) WHEREAS: 1. Jack Cook has appealed a decision of the Planning Commission as follows: denial of request for approval of plans to subdivide a 9.3 acre parcel to create two lots on property in the HR -2 -1/2 zone on property located at 17400 Phillips Road and owned by Jack Cook (Subdivision Application M- 79 -13A); and 2. A public hearing was held by the Town Council on April 4, 1988 and continued to and held on May 16, 1988. BE IT RESOLVED: 1. The Town Council hereby finds that the Planning Commission erred on denying the application based on the Town's traffic policy and slope- density formula. 2. The Town Council hereby further finds that an open space easement dedication is necessary for the application to comply with the requirements of the Hillside Specific Plan. 3. The Town Council further finds that the Planning Commission should review a)the proposed open space easement, b) the proposed agricultural building in the proposed open space easement, c) adding a condition requiring architecture and site review of any proposed agricultural building and d) review public access to the open space easement area. 4. The Town Council finds that the Planning Commission should limit its review to those items related to the open space easement. 5. Based on the foregoing, the Town Council hereby grants the appeal and remands Subdivision Application M- 79 -13A to the Planning Commission for consideration of the following only: a. The proposed open space easement; b. the proposed agricultural building in the proposed open space area; C. adding a condition requiring architecture and site approval of any proposed agricultural building in the open space easement; and d. public access to the open space easement area. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 6th day of J[JNE 1988 by the following vote. AYES: COUNCIL MEMBERS Joanne Benjamin, Thomas J. Ferrito, Robert L. Hamilton and Mayor Eric D. Carlson. NOES: COUNCIL MEMBERS Brent N. Ventura ABSTAIN: COUNCIL MEMBERS None ABSENT: COUNCIL SIGNED: ATTEST: CLERK OF THE TOWN OF LOS GAT, -2-