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TO: BOARD OF SUPERVISORS
' FROM: HARVEY E. BRAGDON
DIRECTOR OF COMMUNITY DEVELOPMENT
DATE: October 25, 1991
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SUBJECT: Rescission of the Approval of Subdivision 7118, Mountain Meadows #2,
Robert Pacini (Applicant, Aspara, Inc. , (Owner) Morgan Territory area
SPECIFIC REQUEST(S) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
1. Set aside and vacate the April 10, 1990, decision approving
the tentative map for Subdivision 7118, Mountain Meadows #2,
Robert Pacini (Applicant) , Aspara, Inc. , (Owner) , Morgan
Territory.
BACKGROUND/REASONS FOR RECOMMENDATIONS
1. PROPOSAL: This application was a resubmittal of a previously
approved tentative map of the same design and number of lots;
to divide 95 acres into 46 lots in conformance with the
existing single family residential R-40 Zoning for the
property and consistent with the County General Plan.
2 . PLANNING COMMISSION ACTION: The proposed was considered by
the County Planning Commission April 29, 1989, at which time
a majority vote could not be reached and for this reason, the
matter was referred to the Board.
3 . BOARD DECISION AND COURT ACTION: The Board approved the
tentative map for Subdivision 7118 with conditions, on
April 10, 1990, as recommended by staff , that included the
finding that the County General Plan had been amended
specifically to allow for the proposed Development and it was
consistent with the General Plan. Adjacent residents, Thomas
Fawcett and William Stipek subsequently filed suit in Superior
Court challenging the decision. On September 17, 1991, Judge
O'Malley rendered a decision that the County did not make
findings of General Plan consistency and ordered that the
decision approving the tentative map for Subdivision 7118, be
set aside.
CONTINUED ON ATTACHMENT: X YES SIGNATURE
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMM TTEE
APPROVE OTHER
SIGNATURE(S) :
ACTION OF BOARD ON November 5, 1991 APPROVED AS RECOMMENDED 1 X OTHER
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VOTE OF SUPERVISORS
I HEREBY CERTIFY 'THAT THIS IS A
X UNANIMOUS (ABSENT TRUE AND CORRECT COPY OF AN
AYES: ;NOES: ACTION TAKEN AND ENTERED ON THE
ABSENT: ABSTAIN: MINUTES OF THE BOARD OF
SUPERVISORS ON THE DATE SHOWN.
Orig: Community Development Department ATTESTED November 5, . 1991
cc: County Counsel PHIL BATCHELOR, CLERK OF
Robert Pacini THE BOARD OF SUPERVISORS
Aspara, Inc. A7 COU T ;ADMINISTRATOR
BY OAA
DEPUTY