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2001-074- Concerning Approval Of A Mutual Benefit Water CompanyRESOLUTION 2001- 74 RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS CONCERNING APPROVAL DF A MUTUAL BENEFIT WATER COMPANY GENERAL PLAN AMENDMENT GP-00-2 HILLSIDE .SPECIFIC PLAN AMENDMENT HS-001-1 PLANNED .DEVELOPMENT DEV-98-9 PROPERTY LOCATION:17975 FOSTER ROAD PROPERTY OWNER: McCARTHY LAND CO. LLC APPLICANT: TS/CIVIL ENGINEERING, INC. WHEREAS.: A. 17975 Foster Road ("Project Site") is currently developed with structures associated with the former Guadalupe College, which ceased full operations in 1968. The structures were severely damaged in the Loma Prieta earthquake in 1989 and are now vacant, deteriorated, vandalized and a significant public nuisance. B. McCarthy Land Co. LLC (Developer) has proposed a change to the zoning at the Project Site from RC (Resource Conservation), and HR-5 (Hl'lside Residential, 5 to 40 acres per dwelling unit) to HR- 2 1/2:PD (Hillside Residential, 2 %2 to 10 acres per dwelling unit, Planned Development) and RC:PD (Resource Conservation, Planned Development), in orderto develop six (6) home sites, a vineyard, landscaping, streets, trails, openspace and other site improvements shown and required on the Official Development Plan and the creation of a mutual water company (together, the "Project"). C. Los Gatos Town Code sections24.50.100 (Subdivision Ordinance) and 29.10.06719 {Zoning Ordinance) require that water- service must be provided by a "recognized public utility." D. Section 2.4(1)(b) of the Town's Hillside Specific Plan states that water service shall 1 be provided by a recognized public utility "whenever possible." E. Developer proposes to provide water to the Project site using a mutual :benefit water company that, according to Developer, will consist of four (4) distinct and separate parts, each of which can be .accessed for fire fighting, described as follows: The first part, the gravity domestic water supply system,. will have as its source, a well capable of averaging at least 70 gallons per :minute (gpm) over 24 hours, a .new 100,000 gallon storage tank, and new distribution piping. 2. The second part, the fire water supply system, willhave a refurbished 200,000 gallon storage reservoir and will be filled initially from the domestic water well, then permanently topped off by a five (5) gpm well and will have new fire water supply piping extending through the development down Foster Road. 3. The third part, an irrigation supply system, will be sourced by a five (5) gpm spring that will top-off a buried 5,000 gallon and an open 500;000 gallon refurbished and lined pond, which will provide vineyard and irrigation water. 4. The fourth part, the McCarthy Residence Pressure System, will provide pumping from the gravity domestic system into a 5,000 gallon storage tank above the residence. All systems will be physically isolated from each other but will be capable of supplying water into the fire supply system through approved backflow preventers in an emergency. A new pump and :controls building near the tank will :house the automatic controls for the system, a 500 gprn fire pump for standby capacity into the pressure system, and the facilities for allowing flows from each of the systems to enter the fire water supply system. F. Developerproposes amutual benefit water company ratherthan developing.facilities 2 to obtain. water provided by the San Jose Water Company for the following .reasons stated in Developer's written ..submissions and oral testimony provided during. the consideration of this application, all of which is included in the record concerning to this application: 1. San Jose Water Company could provide water service to the site from facilities at Lexington Reservoir through the College Avenue area and easterly to the ..site at the developer's expense. 2. San. Jose Water Company cannot provide water service to the site via Foster Road or Sund Avenue due to inadequate facilities. 3. Obtaining water from facilities at Lexington Reservoir would require that Developer obtain a water line easement through private property owned by the California Province of the Society of Jesus. 4, By letter .dated February 5, 1999 from William G. Filice, attorney for the California Province of the Society of Jesus, to Developer, the Province specifically and unequivocally deniedDeveloper's request to obtain a water line easement through Province property. G. Council finds as follows: 1. That reading Los Gatos Town Code sections 24.50.100 and 29.10.06719 in conjunctionwith section 2.4(1)(b) of the Town's'HillsideSpeci6c Plan leads to the conclusion that the requirement that water service be provided by a recognized public utility includes an exception in situations where it would be impossible to do so. 2. That the facts presented by Developer and restated in paragraph F above are relevant to and support a determination that it would not be possible .for Developer to obtain water that would be provided to the site by a recognized public utility pursuant to section 2.4(1)(b) of the 3 Town's Hillside Specific Plan. 3. In addition to the facts supporting an exception to the requirement for public water, Council notes that the Project will provide significant community benefits, including the extension of emergency water service down Foster Road for purposes of fire suppression and the demolition of the vacant and deteriorating Guadalupe College facilities. RESOLVED: That Developer has presented facts sufficient to demonstrate that it would not be possible to serve the Project site with water provided by a recognized public utility, and has thus qualified for an exception pursuant to .Los Gatos Town Code sections 24.50.100 and 29.10.06719 read in conjunction with section 2.4(1)(b) of the Town's Hillside Specific Plan. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California held on the 2°d day of July, :2001, by the following vote: COUNCIL MEMBERS.: AYES.: Randy Attaway, Sandy Decker, Steve Glickman, Mayor Joe Przynslci. NAYS: None ABSENT: Steven Blanton ABSTAIN: None ,/~7` SIGNED: ~" AYOR O E TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: CLERK OF THE~TOWN O OS GATOS LOS GATC„ :CALIFORNIA 4