1966 373-394 _ 12-1 to 12-12-1966

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381 motion be amended to include rezoning be granted to IR -A after 40% of motel and restaurant complex was constructed, seconded by Councilman Keckley and lost on tie vote, Councilmen Keckley, Petersen and Rosselli voting yes, Councilmen Granger, Henderson, and Mayor Herkner voting no, Councilman Bury being noted absent. Councilman Rosselli again moved to affirm action of the Planning Commission and deny the rezoning requested, seconded by Councilman Keckley and lost on roll call vote, Councilmen Keckley and Rosselli voting yes, Councilmen Granger, Henderson, Petersen and Mayor Herkner voting no. Councilman Petersen announced he had voted in error through misunderstanding. Mayor Herkner ordered another roll call vote, if permissible. City Attorney advised this was permissible if misunder- standing action was cause of error. Another roll call vote resulted in tie vote, Councilmen Keckley, Petersen and Rosselli voting yes, Councilmen Granger, Hender- son and Mayor Herkner voting no. Councilman Granger moved to reverse the action of the Planning Commission and grant the rezoning requested, seconded by Councilman Henderson and tied on roll call vote, Councilmen Keckley, Petersen, and Rosselli voting no, Councilmen Granger, Henderson and Mayor Herkner voting yes. City Attorney advised for lack of any action because of tie vote, the Chair could declare the request denied, since positive action necessary to grant the appeal. Councilman Rosselli moved to continue this public hearing until full Council present. Councilman Keckley advised even if full Council present, Councilman Bury would be ineligible to participate because of his absence from public hearing. Councilman Granger asked if this matter could be referred back to Planning Com- mission for further consideration and City Attorney advised this was possible. Councilman Granger moved this matter be referred back to the Planning Commission for further consideration, seconded by Councilman Keckley and carried.. (MINUTE ORDER #66-249) PUBLIC HEARING, Application of WILLIAM R. BARNETT to prezone a portion of Block 502, Highlands of Emerald Lake #5, and Lots 10 and 11, Lynda Lake Gardens, being the area along Navajo Court and the easterly terminus of Lakeview Way, as R-1, declared open and affidavits of publication and mailing ordered filed. Report of the Planning Commission was read in which it was recommended that prezoning be granted Staff report read describing area located in Emerald Hills in vicinity of Upper Emerald Lake, Farm Hill Subdivision, Jefferson Avenue and Lakeview Way, containing 5.17 acres. It was also reported a church development is contemplated on a portion of the area under consideration within the proposed R-1 District, and that annexa- tion to the City has been requested. It was also stated Annexation Committee has — required a resubdivision of a portion of the subject area and that applicant had filed with San Mateo County a request for reversion to acreage thereby reducing present land division from 11 lots to two lots, and abandonment of cul-de-sac known as Navajo Court.