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1989-106-Denial To Operate A Residential Care Facility On Five Acres Of Property Under Contract As Open Space Pursuant To The California Land Conservation Act Of 1965 In The RC ZoneRESOLUTION NO: 1989 -106 RESOLUTION OF THE TOWN OF LOS GATOS DENYING APPEAL OF PLANNING COMMISSION DENIAL TO OPERATE A RESIDENTIAL CARE FACILITY ON FIVE ACRES OF PROPERTY UNDER CONTRACT AS OPEN SPACE PURSUANT TO THE CALIFORNIA LAND CONSERVATION ACT OF 1965 (WILLIAMSON ACT) IN THE RC ZONE (14735 BLOSSOM HILL ROAD - JOYCE C. LYANG) WHEREAS: 1. Joyce Lyang has appealed a decision of the Planning Commission as follows: denial of Conditional Use Permit Application U -88 -15 to operate a residential care facility on five acres of property under contract as open space pursuant to the California Land Conservation Act of 1965 (Williamson Act) in the RC Zone on property located at 14735 Blossom Hill Road and owned by Mr. and Mrs. Angel Ayala, application by Joyce C. Lyang; and 2. A public hearing was scheduled for May 1, 1989 and continued to and held on May 15, 1989. BE IT RESOLVED: 1. The Town Council hereby finds that no evidence or testimony was presented that the Planning Commission decision was in error. 2. The Town Council hereby further finds that the proposed use is prohibited by the Williamson Act contract on the property. 3. The Town Council hereby further finds that this particular property is appropriate for open space at this time. 4. Based on the foregoing findings, the appeal is hereby denied and Conditional Use Permit Application U -88 -15 is hereby denied. 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 1094.6. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 5 day of June , 1989 by the following vote. AYES: COUNCIL MEMBERS Eric D. Carlson Thomas J Ferrito Brent N. Ventura NOES: COUNCIL MEMBERS Robert L. Hamilton ABSTAIN: COUNCIL MEMBERS ABSENT: COUNCIL MEMBERS Joanne Benjamin SIGNED: % ytR� y iGZk3?ER MAYOR OF THE TOWN O FI LOS GATOS ATTEST: CLERK OF THE TOWN OF :p/ S GATOS 2