1999-123-Denying An Appeal Of The Planning Commission's Decision Denying A Three Lot Subdivision On Property Zoned R-1:8~+ SOLIJTIOI~ 1999 -12~
.RESOLUTION DENYING AN APPEAL OF THE PLANNING COMMISSION'S DECISION
DENYING A THREE LOT SUBDIVISION ON PROPERTY ZONED R-1:8.
PROJECT APPLICATION: PRJ-99-03:6
PROPERTY LOCATION: 770 WEST PARR AVENUE
PROPERTY OWNER /APPLICANT /APPELLANT: NASER ASGARI
WI3EAS o
A. This matter came before Council for public hearing on July 19, 1999, on an appeal
by Naser Asgari from a decision of the Planning Commission and was regularly .noticed in
conformance with State and Town law.
B. Council received testimony and documentary evidence from the appellant and all
interested persons who wished totestify or submit documents. Council considered all testimony and
materials submitted, including the .record of the Planning Commission proceedings and the packet
of material contained in the Council Agenda .Report dated July 9, 1999, along with .subsequent
reports and materials prepared concerning this application.
C. The Development Review Committee considered the application on March30,1999
and deemed the .application incomplete due to deficiencies. On 1VIay 4, 1999 the application was
deemed complete .and denied by Development Review Committee. Applicant .appealed to the
Planning. Commission and the appeal was denied on June 23, 1999.
D, Appellant is .requesting approval of a three lot subdivision on property zoned R-1:8.
The proposed subdivision meets all applicable Town Codes for the R-1:8 zone but is inconsistent
with the General Plan and the Town Policy regarding corridor lots. Additionally, the appellant also
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proposes a shared driveway for Parcels Two and Three, the approval of which is inconsistent with
Town policy.
E. Appellant claims that the Planning Commission erred or abused its discretion and
declined to consider the question of whether the flag lot policy is appropriate.
P. The Planning Commission decision was correct.
(J. Council finds as follows:
(1) That the proposed map is not consistent with applicable general and specific
plans as .specified in Government Code §65451 in that it would result in the
creation of two corridor lots in violation of Section 2.4, Land Use .Element
.Policy No. 15 of the Town's General Plan; and,
(2) That the design or improvement of the proposed subdivision is not consistent
with applicable general and specific plans in that it would result in the
creation of two corridor lots in violation of Section 2,4, :Land Use .Element
.Policy No. 15 of the 'T'own's General .Plan.
(3) That the site is not physically suited for the proposed type or density of
development in that, due to its shape and access being limited to West Parr
Avenue, it cannot provide access to two proposed internal parcels without
creating extended and undesirable corridors in violation of Section 2.4, Land
Use Element. Policy No. 15 of the Town' General Plan.
S~L~EDo
1 < The appeal of the decision of the Planning Commission on Project PTZJ-99-036 is
therefore denied.
2. The decision constitutes a final administrative decision pursuant to Code of Civil
Procedure section 1094;6 as adopted by section 1.10.085 of the Town Code of the Town of I,os
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Gatos. Any application for judicial relief from this decision must be sought within the time limits
and pursuant to the procedures established by Code of Civil Procedure section 1094:6, or such
shorter time as required by State and Federal law.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los
Gatos, California, on the 2nd day of August, 1999 by the following vote.
COUNCIL 1VIEMBERS:
AYES: Randy Attaway, Steven Blanton, Linda Lubeck, Joe Pirzynski,
Mayor Jan Ilutchins.
NAYS: None
ABSENT: None
ABSTAIN: None
.SIGNED.:
ATOS
ATTEST: ,~
CLERI~1OP TIE TO`~1VN OF "tOS ~OS
LOS GATO~, ~'ALIFOI~NIA
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