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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