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1995-125-Approval Of A Certificate Of Compliance Granted For Property In The Hr-1 ZoneRESOLUTION 1995 - 125 RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS GRANTING AN APPEAL OF A PLANNING COMMISSION DECISION TO DENY A REQUEST FOR MODIFICATION TO A CONDITION OF APPROVAL OF A CERTIFICATE OF COMPLIANCE GRANTED FOR PROPERTY IN THE HR -1 ZONE [TO REMOVE THE REQUIREMENT THAT ACCESS TO THE LOT BE DIRECTLY FROM THE STREET FRONTAGE AND NOT CROSS OTHER LAND] AND RETURNING APPLICATION TO PLANNING COMMISSION FOR FURTHER REVIEW SUBDIVISION APPLICATION M -95-4 (PROPERTY ADDRESS: 16035 CAMINO DEL CERRO PROPERTY OWNERS: WILFRED W. CARSTENS AND MARGARET F. CARSTENS APPELLANT: PRESTON W. HILL ATTORNEY FOR PROPERTY OWNERS WHEREAS: A. This matter came before the Council for public hearing on August 7, 1995, on an appeal by the property owners from a decision of the Planning Commission and was regularly noticed in conformance with State and Town law. B. The Council received testimony and documentary evidence from the property owners 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 attached to the Council Agenda Report dated July 28, 1995, concerning this application. C. At the public hearing, the Council received drawings and testimony from the property owners regarding the environmental impact of placing a driveway on the property. That was information that the Planning Commission had not received. D. It is the policy of the Council to return applications to the Planning Commission for review when new information like this is received. E. Town staff should evaluate the information provided by the property owners and determine whether better alternatives for bringing the driveway exist and whether other access could be developed that would not cause a significant environmental impact. F. Town staff should also provide information to the Commission regarding the Town's experience with driveway easements crossing adjacent property and the reasons for generally disapproving such arrangements. G. The Planning Commission should then measure the relative environmental effects and make its recommendation on the application to the Council based on all the information then available to the Commission. RESOLVED: 1. The appeal of the decision of the Planning Commission on Subdivision Application M -95 -4 is granted insofar as the application is returned to the Planning Commission for further review pursuant to this Resolution. 2. Following the recommendation of the Commission, this matter will be returned to the Council for final decision. 3. This resolution does not constitute a final decision by the Town. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 5th day of September, 1995 by the following vote. CK�111►[�Jilf�i�l� a �f7J71 AYES: Randy Attaway, Joanne Benjamin, Steven Blanton, Linda Lubeck Mayor Patrick O'Laughlin NAYS: None ABSTAIN: None SIGNED: MAYOR OF THE TOW OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: ) CLERK OF THE TO N OF L S GATOS LOS GATOS, CALIFORNIA 1