1993-098-Denying An Appeal Of A Planning CommissionRESOLUTION 1993 -98
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
DENYING AN APPEAL OF A PLANNING COMMISSION DECISION TO DENY
APPROVAL OF A TENTATIVE MAP TO SUBDIVIDE AN APPROXIMATELY .96
ACRE PARCEL INTO THREE LOTS IN THE R- 1:8,000 (PREZONE) ZONE
(SUBDIVISION APPLICATION M- 91 -14)
(LOCATED AT 15651 BLOSSOM HILL ROAD /PROPERTY OWNER,
MARY LEE VITALICH /APPLICANT, WESTFALL ENGINEERS)
WHEREAS:
A. On June 21, 1993, the Town Council held a public hearing on the applicant's
appeal of a Planning Commission decision to deny approval of a tentative map to subdivide
an approximately .96 acre parcel into three lots.
B. The public hearing was duly noticed after the matter had been continued at
applicant's request from its original hearing date of June 7, 1993.
C. The Council received the written report of the Town staff, the minutes and
recommendations of the Planning Commission, the materials presented to the Planning
Commission, and additional testimony and written submittals from those present at the
public hearing.
herein.
D. The Council considered all of the above in reaching the decision set forth
E. The proposed tentative map is not consistent with the Town's rules and
policies that have been established by the Council concerning flag lots and extended
easements to gain access.
F. It appears that the proposed lot at the western end of the proposed
subdivision (Lot 1) would be environmentally unsound, and the relationship between
backyards and front yards would not be appropriate. The driveway to the western lot
would pass directly along the middle lot's yard; the privacy of the middle lot would be
invaded by the house on the western lot; and the western lot would be subject to high noise
levels by being up against Blossom Hill Road. The proposed lots appear to be smaller
than surrounding lots.
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RESOLVED:
A. The Council does not find error in the decision and findings of the Planning
Commission.
B. The decision of the Planning Commission is affirmed and the findings
contained in both this resolution and the Planning Commission decision are adopted.
This 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 Los Gatos. Any application from judicial relief from the 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 or federal law.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town
of Los Gatos, California, held on the 6th day of July, 1993 by the following vote.
COUNCIL MEMBERS:
AYES: Randy Attaway, Steven Blanton, Linda Lubeck, Mayor Joanne Benjamin
NAYS: None
ABSENT: Patrick O'Laughlin
ABSTAIN: None
SIGNED:
AYOR OF THE TOW OF LOS GATOS
OS GATOS, CALIFORNIA
ATTEST:
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
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