1990-127-Denying Request Of A Change Of Zone From R-1:8000 PD In Order To Permit The Development Of A 31 Lot Single-Family Residential Subdivision Of 9.63 Acres Of Land Located On Oka RoadRESOLUTION 1990 - 127
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
DENYING APPEAL OF PLANNING COMMISSION DECISION DENYING REQUEST
OF A CHANGE OF ZONE FROM R- 1:8000 TO R- 1:8000 PD IN ORDER TO PERMIT
THE DEVELOPMENT OF A 31 LOT SINGLE - FAMILY RESIDENTIAL SUBDIVISION
OF 9.63 ACRES OF LAND LOCATED ON OKA ROAD
WHEREAS:
1. Richard Derus has appealed a decision of the Planning Commission as
follows: denying request of a change of zone from R- 1:8000 to R- 1:8000 PD in order to
permit the development of a 31 lot single - family residential subdivision of 9.63 acres of land
located on Oka Road and owned by Yuki Farms, Inc. and applied for by Richard Der-us
and Lac Barker (Subdivision Application M -89 -11 and Negative Declaration ND- 89 -4);
2. A public hearing was set for March 5, 1990 before the Town Council and was
continued at Town Staff request to March 19, 1990 and held on that date; and
3. The resolution setting forth the decision of the Town Council was scheduled
for attention at the April 2, 1990 Town Council meeting and continued to May 7, 1990 for
adoption. At the May 7. 1990 Town Council meeting the Town Council voted to reconsider
the appeal and set the appeal for public hearing. The public hearing before the Town
Council was held on June 4, 1990.
BE IT RESOLVED:
1. The Town Council hereby finds that no evidence or testimony was presented
that the decision of the Planning Commission was in error.
2. The Town Council hereby further finds that until there is a determination of
the Bascom Interchange of State Highway Route 85, the Town Council should not act on
the applications because Section 5.5(3) Implementation of 5.0 Route 85 Corridor Element
of the General Plan prohibits land use intensification within one quarter mile of the Route
85 corridor.
3. The Town Council hereby further finds that depending on the decisions
concerning Route 85, the property may be suitable for medium density housing.
4. Based on the foregoing findings, the appeal is hereby denied and Subdivision
Application M -89 -11 and Negative Declaration ND -89 -4 are 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 18th day of JUNE, 1990 by the following vote.
COUNCIL MEMBERS:
AYES: Joanne Benjamin, Eric D. Carlson
Brent N. Ventura
Mayor Thomas J. Ferrito
NAYS: NONE
ABSENT: Robert L. Hamilton
ABSTAIN: NONE
SIGNED
ATTEST:
CLERK OF THE TOWN OF LO GATOS
LOS GATOS, CALIFORNIA
2
OF LOS GATOS