2000-139- Granting And Remanding An Appeal Of A Planning Commission Decision Denying A Request To Subdivide A Parcel Into Four Lots And To Demolish A Single Family Residence And Property Zoned Rm: 5-12.RESOLUTION 2000 -139
RESOLUTION GRANTING AND REMANDING AN APPEAL OF A PLANNING
COMMISSION DECISION DENYING A REQUEST TO SUBDIVIDE A PARCEL
INTO FOUR LOTS AND TO DEMOLISH A SINGLE FAMILY RESIDENCE AND
CONSTRUCT FOUR RESIDENTIAL TOWN HOMES ON
:PROPERTY ZONED RM:S-12.
SUBDIVISION APPLICATION: M-00-3
CONDITIONAL USE PERMIT.: U-00-14
ARCHITECTURE AND'SITE APPLICATIONS: 5-00-28 THROUGH 5-00-31
PROPERTY LOCATION: 17017 ROBERTS ROAD
PROPERTY OWNER/APPLICANT/APPELLANTS: IVIR. & MRS. KHALID A. MAWLA
WHEREAS:
A. This matter came before the Council for public hearing on November 6, 2000, on an
appeal by Mr. and Mrs. I~halid A. Mawla (property owner/applicant/appellant) from a decision of
the Plamiing Commission and was regularly noticed in conformance wit11 State and Town law.
B. The Council received testimony and doctunentary evidence from the appellants and
all :interested persons who wished to testify or submit documents. The 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 October 27, 2000 and
addendum dated November 1, 2000, along wit11 subsequent reports and materials prepared
concerning this application.
C. Appellants seek approval to construct four residential town homes on a 0..59 acre
parcel. Each two story until will be 2,069 square feet with a 501 square .foot garage. The existing
one story single family residence on the site would be demolished. Pubic access to the project will
be from a driveway on Roberts Road.
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D. The stated grounds for the appeal are the appellants' belief that the Planning
Commission's decision was based on opinions that were vague, arbitrary, and prejudiced, even
though the project meets all Town Codes.
E. Council finds pursuant to Town Code section 29.20.300 that consideration of this
subdivision application in conjunction with the related project design issues requires more time than
is generally provided under the Subdivision Map Act. The Planning Commission acted properly on
this application within the limited time available under the Act. Whether this application deserves
additional consideration beyond the time provided under the Act is a question left to Council .alone
under the appeal provisions of the Act. Consequently, the decision to grant the appeal and extend
the time for consideration of this application is an issue or policy over which the Commission did
not have discretion to modify or address, but which is vested in the Council for modification or
decision.
RESOLVED:
The appeal ofthe decsonofthe Plamiing Commission on Subdivision Application M-00-3,
Conditional Use Application U-00-14 and Architecture and Site Applications'5-00-28 through 5-00-
31 is therefore .granted and the application is remanded to t11e Planning Conunission for ftuther
review.
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PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los
Gatos, California held on the 20"' day of November, 2000 by the following vote.
COUNCIL MEMBERS:
AYES: Randy Attaway, Steve Blanton, .Jan Hutchins, Linda Lubeck,.
Mayor Joe Pirzynski
NAYS: None
ABSENT: None
ABSTAIN: None
:SIGNED:
AYOR O TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST
CLEI~Ir OF THE TOWN OF LOS TOS
LOS GATOS, CALIFORNIA
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