2001-096- Remanding (1) A General Plan Amendment To Change The Land Use Designation From Agriculture To Hillside Residential,(2) A Planned Development To Change The Zone From Rc And Hr-5 Pre -Zone To Hr- 2 1/2 Pd To Allow 19 Single Family Lots,RESOLUTION 2001- 96
RESOLUTION REMANDING (1) A GENERAL PLAN AMENDMENT TO CHANGE THE
'LAND USE DESIGNATION .FROM AGRICULTURE TO HILLSIDE RESIDENTIAL, (2) A
PLANNED DEVELOPMENT TO CHANGE THE ZONE FROM RC AND HR-5 PRE-ZONE
TO HR-2 %2 :PD TO ALLOW 19 SINGLE FAMILY LOTS, AND (3) AN APPEAL OF THE
DECISION OF THE PLANNING COMMISSION DENYING AN ARCHITECTURE & SITE
APPLICATION TO DEMOLISH THREE SINGLE FAMILY RESIDENCE.
DEVELOPMENT APPLICATION: DEV-99-002..
ENVIRONMENTAL IMPACT REPORT: EIR-00-2.
ARCHITECTURE & SITE APPLICATION:. 5-9-5.
:PROPERTY LOCATION: 17101 HICKS ROAD & 14045 .SHANNON ROAD.
PROPERTY OWNER: THE DAGNEY GROUP, LLC.
APPLICANT/APPELLANT: GREENBRIAR LAND COMPANY.
WHEREAS:
A. This matter came before Council for public hearing. on July 16, 2001 on a request by
Greenbrier Land Company .(applicant/appellant) for hearing on the Planning Commission's decision
to recommend denial of the General Plan and Zone Change :applications, and on an appeal by
applicant/appellant from the decision of the Planning Commission to deny the architecture and site
approval application, and was regularly noticed in conformance with State .and Town law.
B. Council received testimony and documentary evidence from the applicant/appellant
and all interested persons who wished to testify or submit documents. Council considered all
testimony and materials submitted, including the record of the Planing Commission proceedings and
the ;packet of material contained in the Council Agenda Report dated July 12, 2001,. July 13, 2001,
and July 16, 2001 Desk Item, along with subsequentreports and materials prepared concerning this
application.
C. The applicant seeks approval of a Planned Development to permit construction of 19-
single family homes on approximately 80.3 acres. The applicant is proposing to change the General
Plan designation of approximately 34.5 of the 80 totaLacres from Agriculture to Hillside Residential,
and to change the current zoning of the property from Pre-zoned RC (Resource Conservation) and
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pre-zoned HR-5 (Hillside Residential, 5-acre minimum lot size) to HR-2'/2:PD (Hillside Residential
Planned Development, 2 %2 -acre minimum lot size). The-site currently contains three vacant single-
family residences and a barnthat are all proposed to be demolished underthe Architecture and Site
Application.
D. 'The Planning. Commission first considered the matter on January 24, 2001 and
remanded the item to the Development Review Committee to allow the applicant to address a
number of concerns. On March 8, 2001, a Planning Commission study session was held at the
request of the applicant. On Apri124, 2001, the Planning Commission reviewed the revised plans
and additional information submitted by the .applicant. The Development .Review Committee
deemed the plans complete on May 26, 2000.
E. .Appellant appealed the Planning Commission denial of the Architecture & Site
Application and requested a Council hearing on the re zoning and General Plan amendment as they
believe that the Planning Commission denied the application primarily because of the need to take
an action as required by California Environmental Quality Act and that the Commissioners were
reluctant to deny the project requesting additional redesigning, thereby forcing the denial of the
project due to time limitations.
F. The existing pre zoning of HR-S allows the appropriate density of development for
this largely rural area. The parcel pre.zoned RC should, however, be re zoned to HR-S because the
Williamson Act contract has been cancelled, the land is no longer restricted to or used for
agricultural purposes, and because it is indistinguishable from the surrounding area zoned HR-S.
G. Council finds pursuant to Town Code section 29.20.300 that new information was
submitted to the Council during the requested hearing that was not readily available at the time of
the Planning Commission review; to wit, a substantial reduction in the amount of .grading required
for the project.
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RESOLVED:
1. Development Application DEV-99-002 is therefore remanded to the Planning
Commission with the following direction:
a. Developer to revise plans .and reduce the project density to up to 14 homes
with the size of residences .limited to be consistent with the current proj ect
proposal,; i.e., maximum square footage not to exceed 4,850 square feet with
project size of 4,650 square feet per residence;
b. The zoning designation for the parcel that is currently designated Agriculture
be changed to Hillside Residential (HR-5);
c. Surrounding roadways, specifically Hicks and Shannon Roads, will not be
widened to accommodate the development; and,
d. The revised PD should continue to show the same dedication of open space
iri the hillside area.
2. The appeal of the denial of Architecture & Site Application 5-9-5 is granted and the
application is remanded to the Planning Commission consistent with the other actions taken herein.
3. :Environmental Impact ReportETR-00-2 is certified with the following determinations:
a. The Report has been completed in compliance with the California
Environmental Quality Act.
b. The Report was reviewed and considered by the Town Council before the
..actions were taken.
c. The Report represents the independent judgment and analysis of the Town of
Los Gatos.
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PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los
Gatos, California, on the 20t'' day of August, 2001 by the following vote.
COUNCIL MEMBERS:
AYES: Randy Attaway, Steven Blanton, Sandy Decker, Steve Glickman,
Mayor Joe Pirzynslci. "
NAYS : None
ABSENT: None
ABSTAIN: None ,
1~
SIGNED: G C%
AYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
~~
C~Z~n~.
CLERK OF THE'TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
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