M 07-06-98TOWN OF LOS GATOS
CALIFORNIA
TOWN COUNCIL/PARKING AUTHORITY
JOINT REDEVELOPMENT AGENCY
July 6, 1998/Minutes
TOWN COUNCIL
The Town Council/Parking Authority/Redevelopment Agency of the Town of Los Gatos met in the
Council Chambers of the Town Hall, 110 East Main Street, at 7:04 p.m., Monday, July 6, 1998, in
joint regular session.
ROLL CALL
Present:Randy Attaway, Joanne Benjamin, Steven Blanton,
Jan Hutchins, and Mayor/Chairman Linda Lubeck.
Absent:None.
PLEDGE OF ALLEGIANCE
Given by all in attendance.
CLOSED SESSION
Mayor Lubeck announced that the Council had not met in closed session this evening.
SCHEDULE OF PUBLIC HEARINGS (01.01)
Informational report regarding currently scheduled public hearings was received and filed.
COUNTY REFERRALS (02.47)
Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council approve the recommended action
concerning County Referrals:
NUMBER LOCATION APPLICANT REQUEST
RECOMMENDATION
7042 Aztec Ridge SJW Company Grading/Design Review
Approval/No Conditions
Carried unanimously.
COUNCIL CALENDAR OF MEETINGS (03.47)
Informational item presenting future Town Meetings for Council and other Town Boards and
Commissions was received and filed. It was noted that the General Plan Committee is now meeting
on the 2nd and 4th Wednesdays.
RATIFICATION OF PAYROLL/MAY-JUNE 1998 (04.V)
Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council ratify the check registers for the
payrolls of May 31 through June 13, 1998, paid on June 19, 1998 in the amount of $403,070.09.
Carried unanimously.
ACCOUNTS PAYABLE/RATIFICATION/JUNE 1998 (05.V)
Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council ratify the accompanying check
registers for accounts payable invoices paid on June 12 and June 19, 1998 in the amount of
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$805,319.88. Carried unanimously.
MINUTES OF JUNE 15, 1998 (06A.V)
Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council approve the Minutes of June 15,
1998 as submitted. Carried unanimously.
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MINUTES OF JUNE 29, 1998 (06B.V)
Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council approve the Minutes of June 29,
1998 as submitted. Carried unanimously.
SANTA CRUZ AVENUE S.140/PLANNED DEVELOPMENT APPLICATION/DENIAL (07.09)
Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council accept report from Planning
Commission recommending denial of Planned Development Application DEV-97-004 and Negative
Declaration ND-97-015. Property Owner: Los Gatos Venture, Ltd. Applicant: Pacific Valley
Investments, Inc. Carried unanimously.
SIGN REPLACEMENT PROGRAM/CENTRAL BUSINESS DISTRICT (08.47)
Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council approve street name and welcome
sign designs dated June 15, 1998 for the Central Business District Sign Replacement Program.
Carried unanimously.
COMPUTER EQUIPMENT DONATIONS (09.28)
Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council continue this item to July 20,
1998 as recommended by staff. Carried unanimously.
AFSCME LOCAL 101/MOU WITH TOWN/RESOLUTION 1998-99 (10.10)
Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council adopt Resolution 1998-99
entitled, RESOLUTION OF THE TOWN OF LOS GATOS APPROVING MEMORANDUM
OF UNDERSTANDING BETWEEN THE TOWN OF LOS GATOS AND AFSCME LOCAL
101, LOS GATOS CHAPTER. Carried unanimously.
TEMPORARY/HOURLY COMPENSATION FOR FY 98-99/RESOLUTION 1998-100 (11.10)
Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council adopt Resolution 1998-100
entitled, RESOLUTION OF THE TOWN OF LOS GATOS AMENDING TEMPORARY
HOURLY COMPENSATION FOR FISCAL YEAR 1998-99. Carried unanimously.
HOUSEHOLD HAZARD WASTE PROGRAM/SCC AGREEMENT/RESOLUTION 1998-101
(12.14)
Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council adopt Resolution 1998-101
entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN
MANAGER TO EXECUTE THE FIRST AMENDMENT TO THE AGENCY AGREEMENT
WITH THE COUNTY OF SANTA CLARA FOR PARTICIPATION IN A HOUSEHOLD
HAZARDOUS WASTE COLLECTION PROGRAM FOR FY 1998-99. Carried unanimously.
EMERGENCY OPERATIONS CENTER/PROJECT EOC-473CEOC/RESOLUTION 1998-102
(13.09)
Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council adopt Resolution 1998-102
entitled, RESOLUTION OF THE TOWN OF LOS GATOS APPROVING PLANS AND
EQUIPMENT PURCHASE FOR PROJECT 473CEOC - EMERGENCY OPERATIONS
CENTER. Carried unanimously.
LONGMEADOW STORM DRAIN/PRJ 9818/WEST VALLEY CONST/RESO 1998-103 (14.35)
Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council adopt Resolution 1998-103
entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH WEST VALLEY CONSTRUCTION COMPANY,
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Town Council Minutes July 6, 1998
Redevelopment Agency Los Gatos, California
INC. FOR CONSTRUCTION OF PROJECT 9818, LONGMEADOW STORM DRAIN.
Carried unanimously.
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COMPRESSED NATURAL GAS FUELING STATION/PRJ 9921/RESOLUTION 1998-104 (15A.35)
Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council adopt Resolution 1998-104
entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE INCREASE
IN REVENUE (400-45117) AND EXPENDITURE BUDGET (400-78020) IN FUND 400 FROM
$0 TO $225,000 AND ESTABLISH $225,000 PROJECT BUDGET (400G9921.) Carried
unanimously.
COMPRESSED NATURAL GAS FUELING STATION/PRJ 9921/RESOLUTION 1998-105 (15B.35)
Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council adopt Resolution 1998-105
entitled, RESOLUTION OF THE TOWN OF LOS GATOS APPROVING PLANS AND
SPECIFICATIONS FOR PROJECT 9921 - COMPRESSED NATURAL GAS FUELING
STATION. Carried unanimously.
BLOSSOM HILL RD UTILITY UNDERGROUNDING/PRJ 9924/RESOLUTION 1998-106 (16.35)
Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council adopt Resolution 1998-106
entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN
MANAGER TO ENTER INTO AN AGREEMENT WITH GREENBRIAR SARATOGA ROAD
COMPANY FOR PROJECT 9924 - BLOSSOM HILL ROAD UNDERGROUND UTILITY
CONVERSION. Carried unanimously.
HERNANDEZ AVE 55/LANDMARK HISTORIC PRESERVATION OVERLAY ZONE
RESOLUTION 1998-107 (17.09)
Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council adopt Resolution 1998-107
entitled, RESOLUTION OF THE TOWN OF LOS GATOS DENYING AN APPEAL OF A
DECISION FROM THE PLANNING COMMISSION TO INITIATE PROCEEDINGS TO
DESIGNATE A SITE WITH A LANDMARK HISTORIC PRESERVATION OVERLAY ZONE.
Carried unanimously.
HEARINGS
LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT #1/RESOLUTION 1998-108
KENNEDY MEADOWS BENEFIT ZONE/FY 1998-1999/HEARING (19.23)
Mayor Lubeck stated that this was the time and place duly noted for public hearing to consider
protests and adopt resolution confirming diagram and assessments and levying and authorizing
collection of assessment for fiscal year 1998-99.
The following person from the audience spoke to this issue:
Mark Hacker, 100 Kennedy Court, asked for a continuance on this item to study the options and
solutions further and requested reconsideration of the assessment. Questioned the quality of
maintenance and asked for the opportunity to participate in the selection of the maintenance
contractor.
No one else from the audience addressed this issue.
Motion by Mr. Attaway, seconded by Mrs. Benjamin, to close the public hearing. Carried
unanimously.
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HEARINGS CONTINUED
LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT #1
KENNEDY MEADOWS BENEFIT ZONE/FY 1998-1999/CONT.
Motion by Mrs. Benjamin, seconded by Mr. Hutchins, that Council adopt Resolution 1998-108
entitled, RESOLUTION OF THE TOWN OF LOS GATOS CONFIRMING DIAGRAM AND
ASSESSMENT, AND LEVYING AND AUTHORIZING COLLECTION OF ASSESSMENTS
FOR LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT #1 - KENNEDY
MEADOWS BENEFIT ZONE FOR FISCAL YEAR 1998-1999, as shown in the desk item of July
6th, and staff to work with the neighborhood to come to a workable conclusion as how to carry out the
maintenance of the district. Carried unanimously.
BLOSSOM HILL ROAD 14734/SUMMERHILL HOMES/HILLSIDE PLANNED DEVELOPMENT
OPEN SPACE AND TRAILS/REZONING/RESOLUTION 1998-111/HEARING (20.09)
Mayor Lubeck stated that this was the time and place duly noted for public hearing to consider a
request for approval of: (1) a General Plan Amendment to change the land use designation from
Agriculture to Hillside Residential; (2) a Planned Development to change the zoning designation
from RC to HR-1: PD to reduce the one acre minimum lot size to allow clustered 10,000 sq. ft.
minimum lots with adjoining designated open space and trails, the renovation of an existing pre-1941
residence (Heintz House), construction of 43 single family residences, trails, and site improvements;
(3) withdrawal from the Williamson Act agricultural preserve; (4) annexation of 32 acres; and (5) an
Architecture and Site application for the demolition of one pre-1941 residence (Ayala House) and a
garage/workshop (Heintz Garage/Lab). Development Application DEV-97-001. Project Application
PRJ-97-045. Environmental Impact Report EIR-97-001. Williamson Act Cancellation WA-006. This
matter may have a significant impact on the environment and an Environmental Impact Report has
been prepared as required by the California Environmental Quality Act. Property Location: 14734
Blossom Hill Road. Applicant: Summerhill Homes. Property Owner: UC Regents.
Lee Bowman, Planning Director, explained the desk item in front of Council this evening. This item
explains the open space maintenance fund of $260,000 which Summerhill proposes to donate to the
Town for maintenance of the open space land when the Town accepts the open space land in fee.
Council policy has been to not accept fee title and that land be retained and maintained by home
owners' associations. The applicant's offer of money changes this picture. Staff has presented a new
ordinance allowing Council to accept the land in fee and use this money to maintain it. The draft
ordinance has also had some other minor revisions and corrections.
The following people from the audience spoke to this issue:
Elaine Breeze, Summer Hill Homes, 777 California Ave., Palo Alto, gave an outline of the
development plans for the proposed project. She noted the community benefits: Low density
managed growth plan; Highly consistent with Town policies, plans and goals; 80% of the site
dedicated to permanent public open space; Environmentally superior plan for the EIR; Improving of
existing conditions in surrounding neighborhoods; Consistent with surrounding land uses;
Preservation of town character and history through extraordinary design; and significant community
benefits. There will be 44 lots; Lot size is over a third of an acre; The orchard
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HEARINGS CONTINUED
BLOSSOM HILL ROAD 14734/SUMMERHILL HOMES/CONT.
Speakers continued:
Elaine Breeze continued: frontage is over 100 feet deep; Storm drainage detention facility
incorporated; Sub-surface drainage added; Screening trees; Homes with single story elements;
Horse trailer parking is possible; Fences placed so that view of open space is possible and rural
ambiance is maintained; 89 acres of open space will be protected in perpetuity; This connects and
becomes part of 200 acres of open space; Significant social and economic benefits provided to the
Town which are: 89 acres of open space; Viewshed of the hillsides and the oak forest will be
preserved in perpetuity; Neighbors have participated in the plans and proposals; Wayside exhibits
can be accessed freely from the trails; the linear park will have viewing stations behind plexiglass;
Historic pictures have been gathered for the exhibits; One will be placed in the orchard area and the
other by the barn and discuss the operation of the drying shed and the drying fields, including the farm
house and an invention display.
Carl Handen, 131 Westhill Drive, provided handout for the record. Spoke about impacts of traffic on
the proposed project and asked to have that information factored into the EIR; Asked for reduction on
the custom home sites; Add more open space to the barn site.
David Powers, David Powers and Assoc., 1885 The Alameda, San Jose, the project EIR Consultant
addressed the questions concerning the EIR.
Cecil Mansfield, Westhill Drive, asked for fewer homes in the proposal and that traffic issues be
considered.
Carolyn Moniz, 593 Vasona Ave., approves of the total project. The benefits to the town with the
open space and its maintenance provisions; the infrastructure improvements; the historical
preservation and education.
Lyle Chambers, 14860 Los Flores Lane, noted that funds from the project will be donated to the
Proctor Foundation for the visually impaired. He asked that the project be approved at this time and
requested Blossom Hill Road be widened to Union and that the traffic lights be improved at the
intersection at the same time that this project is under construction
Bob Wimmer, 14850 Blossom Hill Road, asked that the traffic mitigation fees be retained in the area
of this project and that improvements be made to Blossom Hill Road.
Rick DiNappoli, Worcester Loop, supports the proposal as presented.
Edward Laveroni, 180 Surmont Court, asked for protection of his court. He believes the custom
homes are too large for the neighborhood, especially lots 41 and 42.
Charles Davis, supports the $800,000 BMP fund contributed by Summerhill for affordable housing
projects in Los Gatos and asked for Council's approval tonight.
Ray Silva, 185 Surmont Court, approves the project but requests "no trail parking" signs to be placed
on his cul-de-sac.
April Maiten, 136 Belvue Drive, asked that Town accept the ownership of the land and keep the
space under the Town's control.
Donna Mahin, 189 Surmont Court, asked for less homes in this proposal.
Jim Sugai, 241 Carlton Court, asked for approval and noted the abundance of native California plants
that exists on this property and the outstanding quality of the specimens.
Michael Aminian, 14781 Blossom Hill Road, lives across the street from the project and finds that
the proposal and the concessions made meet with his approval. He also spoke in approval for his
neighbor, Al Jones.
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HEARINGS CONTINUED
BLOSSOM HILL ROAD 14734/SUMMERHILL HOMES/CONT.
Speakers continued:
Clovis Mirassou, noted that the new orchard will be well cared for and attractive and be a great
improvement over the old orchard that is uncared for and dying.
Bobbie Handen, 131 Westhill Drive, asked for less homes in the project so that there will be less
traffic generated.
Patricia Laverone, 180 Surmont Court, asked that the cul-de-sac be protected and that there be less
homes in the project.
Sandy Andersen, 400 Surmont Drive, spoke of the additional car trips generated by this proposal
causing air pollution and noise, and read a letter submitted by her neighbor Carol Turner.
Bill Mason, 14880 Las Flores Drive, recent purchaser in this area approves the project.
Richard Mahin, 189 Surmont Court, asked that the custom lots be removed and that homes that stick
up the most be lowered.
Doreen Nelsen, 256 Prince Street, supports project.
Lee McLaughlin, 15626 Francis Oaks Way, asked for wider streets and sidewalks for pedestrians and
children going to school. He asked that Blossom Hill to Union be improved and widened.
David Weissman, 15431 Francis Oaks Way, spoke against the number of homes proposed and the
number of people who will be driving cars. He asked for less homes and more open space.
Ed Nino, 14725 Sky Lane, was in complete support of this proposal and asked for Council's approval.
Ray Elam, 14915 Shannon Road, spoke in favor of the project. He spoke for Kevin Glassing and
Herman Lewenberg who are also in favor.
Mike Denevi, 224 Danville Drive, noted that Summerhill is a client of his. He spoke of projects with
far greater density in the area and commended Summerhill for designing their project far below the
allowable density and for working with the neighbors to mitigate their concerns.
Dina-Jane Cotton, 17264 Buena Vista Ave., supports the project and the green space preservation for
the community.
Elaine Breeze, made closing statements for Summerhill. She suggested the following amendments
for the neighbors' benefit if staff approves: Planning Commission suggested narrower side walks so
as to increase the landscape in the front. The custom lots would adhere to the hillside standards; they
are large lots; the lots have a 25 foot height limit. These details can we worked out in Architecture
and Site Committee.
No one else from the audience addressed this issue.
Motion by Mr. Attaway, seconded by Mr. Blanton, to close the public hearing. Carried
unanimously.
Motion by Mr. Hutchins, seconded by Mrs. Benjamin, to make the sidewalks 4 feet and the streets
26 feet. The Draft Ordinance in Desk Item #20 of July 6, 1998, will change on page 9, Item 35(b) to
"...street right-of-way varying from 42-feet to 54-feet as required...", and page 10, Item 36 will read,
"...project's roadways to a width of 26 feet,...", and the second sentence will be removed. Item 37(b)
on page 10 will read, "...meandering four (4) foot sidewalk/trail,..." Carried unanimously.
Motion by Mr. Blanton, seconded by Mr. Hutchins, to certify the Environmental Impact Report and
Mitigation Monitoring Plan. Carried unanimously.
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HEARINGS CONTINUED
BLOSSOM HILL ROAD 14734/SUMMERHILL HOMES/CONT.
Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council make the findings concerning
alternatives and mitigation for the project as required by CEQA Guidelines Section 15091 as follows:
Expiration of the Williamson Act contract has allowed the owner to determine a non agricultural use
for this property; Allowing the whole parcel to be removed from the Act at one time permits a
comprehensive planned development incorporating significant benefits to the community; If no
project occurs it becomes economically unfeasible for the owner and unresourceful to the community;
The social requirements of the Town require additional housing to meet the needs of the people and
these requirements can not be met by allowing the land to remain unused; The project alternative of
24 units on 10,000 square foot minimum lots, while potentially superior because it still leaves half of
the 21 acres in managed open space and prime agricultural land, is not economically feasible. It cuts
in half a property that already is not being managed for open space and is not prime agricultural land
from the perspective that it has not been farmed since 1987, and again, does not meet the needs of the
Town of Los Gatos and the surrounding area, including the Town's housing needs. Carried
unanimously.
Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council make the Statement of Overriding
Consideration noting the project benefits which outweigh the projects remaining significant impacts
(Loss of Managed Open Space and Loss of Prime Agricultural Land) as required by CEQA Guidelines
Section 15093 as follows: There will be 88+ acres of permanently dedicated open space; There will
be a 100 foot deep blossoming tree grove established as a buffer zone; There will be a linear dirt trail
connecting to other local trails; Traffic concerns are partially addressed by widening Blossom Hill
Road to a four lane width; On-site storm water management and improved sewer system mitigates
problems for existing homes; Historic preservation occurs in the salvaging of existing structures and
establishing an interpretive exhibit along the trail; Preservation of the view shed on the hillside and
the coastal oak forest in perpetuity; And incorporating the additional findings of the Planning
Commission as delineated in Attachment 39 of the July 6, 1998 Council report. Carried unanimously.
Motion by Mr. Attaway, seconded by Mrs. Lubeck, that Council makes the findings required for the
early cancellation of the Williamson Act as follows: The cancellation is in the public interest because
it will provide, maintain, and find a use for currently unmaintained and unused agricultural land and
will provide open space for public use. Carried unanimously.
The Mayor directed the Town Attorney to draft a resolution to approve the early cancellation of the
Williamson Act Contract.
Motion by Mr. Attaway, seconded by Mrs. Lubeck, that Council find as required for consistency with
the General Plan and the Hillside Specific Plan as follows: The General Plan will be amended and the
project will then fit the General Plan; The project is consistent with the open space element policy
because it encourages innovative development techniques and will provide both public and private
open space within a development; The project will provide both public and private open space and
the project provides clustering as recommended in the Hillside Specific Plan. Carried unanimously.
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HEARINGS CONTINUED
BLOSSOM HILL ROAD 14734/SUMMERHILL HOMES/RESOLUTION 1998-111/CONT.
Motion by Mr. Attaway, seconded by Mr. Hutchins, that Council adopt Resolution 1998-111 entitled,
RESOLUTION OF THE TOWN OF LOS GATOS AMENDING THE GENERAL PLAN
DESIGNATION FROM AGRICULTURAL TO HILLSIDE RESIDENTIAL, O-1 DWELLING
UNITS PER ACRE FOR A PROPERTY AT 14734 BLOSSOM HILL ROAD. Carried
unanimously.
Council consensus that the Zone Change is consistent with the General Plan and Hillside Specific
Plan as found in the General Plan Amendment motion.
Motion by Mr. Attaway, seconded by Mr. Hutchins, that the Council make the findings for
community benefit as required by the Town's Traffic Impact Policy (Resolution 1991-174) as follows:
The project has Community benefits which help to out weigh the traffic impacts because of the open
space, the buffer zone, the widening of Blossom Hill Road, and the left-turn lane. Carried
unanimously.
Motion by Mr. Attaway, seconded by Mr. Hutchins, that the Council make the findings as required
for the Town's Development Policy for In-Fill Projects (Resolution 1993-62) as the Planning
Commission found in Attachment 39, Section D, Items 1 through 7 of Agenda Item 20, July 6, 1998.
Carried unanimously.
Motion by Mr. Attaway, seconded by Mr. Hutchins, that the Council make the findings as required
by Section 29.10.09030 of the Town Code for the demolition of a single-family residence, subject to
the performance standards identified as part of the Planned Development Ordinance as follows: The
structures do not pose an imminent safety hazard; The structures do not have any special historical,
architectural or aesthetic interest or value as presented by public testimony and the testimony of an
historic architect, and the barn, shed, and house will be saved; There will be an interpretive exhibit to
remind the Community of the laboratory and historic structure. Carried unanimously.
Motion by Mr. Attaway, seconded by Mr. Hutchins, that the Council adopt the Mitigation Monitoring
Plan which is Pages 1 through 7 of Exhibit B, of Attachment 1, of Agenda Item 20, July 6, 1998.
Carried unanimously.
Motion by Mr. Attaway, seconded by Mr. Hutchins, that the Council amend the performance
standards in the recommended Planned Development Ordinance to reflect the decision to accept the
dedication of the open space and trails. (Desk Item, Attachment 33, Performance Standards 24, 25 &
37.) This includes the change to 4 foot sidewalks which amends the street right-of -way figures in
Item 35(b), and a change in the roadway width to 26 feet which amends Item 36 and causes the second
sentence to be removed. Carried unanimously.
The Town Clerk read the Title of the Draft Ordinance.
Motion by Mr. Attaway, seconded by Mr. Hutchins, that Council waive the reading of the Draft
Ordinance. Carried unanimously.
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HEARINGS CONTINUED
BLOSSOM HILL ROAD 14734/SUMMERHILL HOMES/ORDINANCE INTRODUCTION/CONT.
Motion by Mr. Attaway, seconded by Mr. Hutchins, that Council introduce Proposed Ordinance
entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE ZONING
ORDINANCE EFFECTING A ZONE CHANGE FROM RC TO HR-1:PD AT 14734
BLOSSOM HILL ROAD. Carried unanimously.
LOS GATOS BOULEVARD 16330/CALVARY BAPTIST CHURCH/APPEAL (21.09)
CONSTRUCTION OF NEW BUILDINGS AND PARKING EXPANSION
Mayor Lubeck stated that this was the time and place duly noted for public hearing to consider appeal
of a Planning Commission decision approving a request for Architectural and Site Approval and a
time extension for a Use Permit for the demolition of an existing education and residential building,
construction of a new education, ministry and multi-purpose gymnasium building, remodeling of
existing facilities, and expansion of the parking lot on property in the R-1:8 Zone. Also requesting a
modification to the Use Permit to get transfer credit of the square footage for the demolition of the
residential building to add in the administrative building. Project Application PRJ-97-156. Property
location: 16330 Los Gatos Boulevard. Applicant Property Owner: Calvary Church/Steve Torres.
Appellant: James G. Lowe.
Planning Director, Lee Bowman and Mayor Lubeck noted that the subject of this agenda item tonight
was Architecture and Site Approval and time extension of a Use Permit. They noted that it took a very
serious procedure involving specific legal actions in order to reopen the CUP as the appellant had
requested. They reviewed the existing CUP looking for solutions to the concerns of the appellant.
The following people from the audience spoke to this issue:
James Lowe, 16346 Robie Lane, opposed the proposed project. Spoke of returning this project to the
Planning Commission in January of this year where demolition of the residential structure would be
discussed. Minimum parking requirements would be met at the Church if the residence was to
remain. The CUP should reflect this minimum number thereby eliminating the need for a demolition.
He addressed the use of the auditorium and gymnasium in unison and the impact on parking this
would cause. He asked that this use be restricted in the CUP. He noted that the neighborhood has not
been included in the development of the plans as was requested by Council in January. Items
neighbors had addressed were: relocation and placement of the building; reduction of building size;
soundwall buffer for the contiguous neighbors; the one story elevation on Robie was poorly
addressed; the height poles and netting were not adequately accomplished. He requested
modification to the CUP.
Steve Torres, 15743 Kavin Lane, Applicant for Calvary Baptist Church, spoke of how the church has
met all the conditions in the conditional use permit and has done even more to mitigate the concerns
of the neighbors.
Sal Caruso, Caruso Design Group, 255 N. Market Street, #200, San Jose, Project Architect for
Calvary Church, spoke of the work done to mitigate all concerns of the neighborhood. He spoke of
buffer zones and the studies done to address all concerns.
Vera Pierce, 16334 Robie Lane, concerned neighbor opposed to the project and its impacts on the
neighborhood.
Dorothy Lowe, 16346 Robie Lane, spoke in opposition and supported her husband's statements.
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HEARINGS CONTINUED
LOS GATOS BOULEVARD 16330/CALVARY BAPTIST CHURCH/CONT.
Speakers continued:
Gail Brady, 16387 Englewood Ave, addressed the CUP. She listed several concerns which she had
suggested be included in the CUP but which did not appear there. They were 1) That the house not be
demolished for a parking lot and that the number of parking space remain at 420; 2) That the
soundwall be placed for the impacted neighbors; 3) That the single story elements be maintained on
the frontage to Robie Lane; 4) That a restriction be made to using the sanctuary and the gymnasium
simultaneously for meetings, specifically to control the parking impact that would occur due to
insufficient parking spaces and the spill over into residential neighborhoods; 5) She asked for
reconsideration of the height of the new facility and to look for ways to mitigate the impact of the
mass of this building; 6) That Western Seminary be limited in enrollment and hours of operation, and
in holding simultaneous events with the Church, considering that this use has been moved from Los
Gatos Boulevard frontage to the residential Robie side of the facility; 7) That conferencing, which
could cause a substantial impact, be addressed as it had been in other facilities in town; 8) That the
potential enrollment in the Kiddie Kampus and its impact on traffic be considered.
Norm Matteoni, Attorney for the project, spoke in support and requested approval.
No one else from the audience addressed this issue.
Motion by Mr. Attaway, seconded by Mr. Hutchins, to close the public hearing. Carried
unanimously.
Motion by Mr. Blanton, seconded by Mr. Attaway, to uphold the Planning Commission's decision
and approve the applicant's request for Architecture and Site approval for the expansion of the church.
Carried by a vote of 4 ayes. Mr. Hutchins voted no because he was not satisfied with the design and
archtecture of the project.
HIGHLAND AVE 19/SINGLE FAMILY RESIDENCE/APPEAL (18.09)
Mayor Lubeck stated that this was the time and place duly noted to consider adopting resolution
denying appeal of a Planning Commission decision denying a request for a variance to increase the
maximum building height and Architecture and Site approval to construct a new single family
residence on property in the HR 2½ zone. No significant environmental impacts have been identified
as a result of this project, and a Negative Declaration is recommended. Project Application PRJ-97-
113. Variance Application VAR-98-001. Negative Declaration ND-97-018. Property Location: 19
Highland Avenue. Property Owner/Appellant: Angelo Orphan. Applicant: Robert Nebolon,
Architect.
The following person from the audience spoke to this issue:
George Eshoo, Attorney for the project, spoke of the rights of the owner to build on his property and
noted that the owner was willing to adjust his plans to accommodate the suggestions of the Planning
Commission. He asked that there be a way for the proposal to be amended and remain in the process.
No one else from the audience addressed this issue.
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HIGHLAND AVE 19/SINGLE FAMILY RESIDENCE/APPEAL (18.09)
Motion by Mr. Attaway, seconded by Mr. Blanton, that Council adopt Resolution 1998- entitled,
RESOLUTION OF THE TOWN OF LOS GATOS DENYING APPEAL OF A DECISION
FROM THE PLANNING COMMISSION DENYING A REQUEST FOR A VARIANCE TO
INCREASE THE MAXIMUM BUILDING HEIGHTS AND ARCHITECTURE AND SITE
APPROVAL TO CONSTRUCT A NEW SINGLE FAMILY RESIDENCE ON PROPERTY IN
THE HR 2½ ZONE. Carried unanimously.
GENERAL PLAN UPDATE/COMMUNITY SURVEY (22.20)
Mayor Lubeck stated that this was the time and place duly noted to consider concurring with General
Plan Committee recommendation to conduct a Town-wide community survey.
Council comments included requests for a survey that reflects what the community is thinking within
a dynamic forum of General Plan Issues. Council requested samples of questions showing how the
survey would be designed. The results of the process should have the effect of building the
community
David Chafer, representing Godbe Research and Analysis, gave the Stanislaus County Sales Tax
Measure for Transportation as an example of his company's scope of work. The need was buy in from
every city in the county, as well as county government and key interest groups in the county. The
project included forming bridges with community members, and making sure that their issues and
concerns were heard. Their buy in was reflected in the survey questionnaire which eventually
produced quantitative results. With this form of buy in from the stake holders, the resulting survey
will not produce inflexible results.
Motion by Mr. Blanton, seconded by Mr. Attaway, to continue this item for two weeks so Council
may have a sample of a quantitative community survey.
DOWNTOWN PARKING STRUCTURE/WATRY DESIGN GROUP/RESOLUTION 1998-110
(23.40)
Motion by Mr. Blanton, seconded by Mr. Hutchins, that Council adopt Resolution 1998-110 entitled,
RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER
TO ENTER INTO AN AGREEMENT WITH THE WATRY DESIGN GROUP TO PROVIDE
PROJECT 9925 DOWNTOWN PARKING STRUCTURE FEASIBILITY STUDY FOR
PARKING LOTS 2 AND 13. Carried unanimously.
COUNCIL COMMITTEE REPORTS
Linda Lubeck announced that the last PG&E Facilitated Meeting was held and a report would be
forthcoming by Friday.
ADJOURNMENT
Mayor Lubeck adjourned this evening's meeting at 11:59 p.m.
ATTEST:
Marian V. Cosgrove
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Redevelopment Agency Los Gatos, California
Town Clerk
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