Loading...
1979-085-Modifying A Decision Of The Planning CommissionRESOLUTION NO. 1979 -85 A RESOLUTION MODIFYING A DECISION OF THE PLANNING COMMISSION RESOLVED: On April 25, 1979 in proceeding S -78 -55 the Planning Commis- sion approved the application of Joseph Falcone and William Norman to operate a seasonal fruit and vegetable stand subject to the following three conditions: 1. The applicant shall dedicate 19 feet on Winchester Boulevard and 5 feet on Capri Drive along with a 20 -foot return at the intersection, to the satisfaction of the Town Engineer. 2. The applicant shall enter into an agreement, satisfactory to the Town Council, for a revocable license to allow the store building to remain temporarily within the road right -of -way. 3. The applicant shall submit a traffic circulation plan providing a paved driveway and parking area, to the satisfaction of the Town Engineer. On April 27, 1979, Joseph Falcone, Lillian Falcone, and William Norman filed a notice appealing the decision of the Planning Commission. On May 21 and June 4, 1979 the Town Council heard the appeal and found that an official street plan line of the Town traverse the property in question, that (1) the area within the plan line will be needed for a public street, (2) the area within the plan line should not be the site of building construction or other substandard private construction work, and (3) intensification of use of the property beyond its use as a site for a dwelling and a produce stand will reasonably necessitate street dedication. However, the Town Council also finds that the Planning Commission erred (4) in determining that the produce stand activities were themselves sufficient basis to require street dedication, and (5) in failing to consider the use of a recorded agreement to protect the future street area from building and other encroachments. FURTHER RESOLVED: The decision of the Planning Commission is modified to delete conditions 1 and 2. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos this 4th day of June 1979, by the following vote: AYES: COUNCIL MEMBERS Ruth Cannon, Thomas J. Ferrito, Mardi Gualtieri, Peter W. Siemens, John B. Lochner NOES: COUNCIL MEMBERS None ABSTAIN: COUNCIL MEMBERS None ABSENT: COUNCIL MEMBERS None ATTEST: C�� L 2 4�11 �- CLERK 'OF THE TOWN OF LOS GAT -2-