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
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