1990-128-Denying Request Of A Change Of Zone From R-1:8000 To R-1:8000 PD In Order To Permit The Development Of An Eight Lot Single-Family Residential Subdivision Of 2.69 Acres Of LandRESOLUTION 1990 - 128
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
DENYING APPEAL OF THE 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 AN EIGHT LOT SINGLE - FAMILY
RESIDENTIAL SUBDIVISION OF 2.69 ACRES OF LAND
(16775 LARK ROAD - YUKI FARMS, INC. /RICHARD DERUS /LAC BARKER)
1l'/:IARDMMA
1. Richard Derus has appealed a decision of the Planning Commission as
follows: denial of request of a change of zone from R- 1:8000 to R- 1:8000 PD in order to
permit the development of land located at 16775 Lark Road and owned by Yuki Farms, Inc.
and applied for by Richard Derus and Lac Barker (Subdivision Application M -89 -12 and
Negative Declaration ND -89 -3;
2. A public hearing was set for the Town Council on March 5, 1990 and
continued at the request of Town staff to March 19, 1990 and held by the Town Council
on that date;
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 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 final
determination regarding the interchanges on State Highway Route 85, and finding is assured
for their construction 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, this property may be suitable for medium density housing.
4. Based on the foregoing findings, the appeal is hereby denied and Subdivision
Application M -89 -12 and Negative Declaration ND -89 -3 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 LOS GATOS
LOS GATOS, CALIFORNIA
N