M 01-05-04TOWN OF LOS GATOS
CALIFORNIA
TOWN COUNCIL/PARKING AUTHORITY
JOINT REDEVELOPMENT AGENCY
January 5, 2004/Minutes
Los Gatos Civic Center
110 E Main St.
Los Gatos, CA 95030
Time ITEM ACTION ON ITEM
7:00 PM 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 7:00 p.m., Monday, January 5, 2004, in joint
regular session.
7:01 PM ROLL CALL Present:Sandy Decker, Diane McNutt Joe Pirzynski,
Mike Wasserman and Mayor/Chairman Glickman.
Absent:None.
7:02 PM PLEDGE OF
ALLEGIANCE
The audience was invited to participate in the Pledge of Allegiance.
7:03 PM CLOSED SESSION Town Attorney, Orry Korb, reported that Council had not met in Closed
Session this evening. (XX.28)
7:04 PM CONSENT ITEMS CONSENT ITEMS
ITEM 1
SCHEDULE OF
PUBLIC HEARINGS
Motion by Ms McNutt, seconded by Mr. Pirzynski, that Council
accept and file informational report regarding currently scheduled
public hearings. (01.28)
ITEM 2
PAYROLL
RATIFICATION FOR
NOVEMBER AND
DECEMBER 2003
Motion by Ms McNutt, seconded by Mr. Pirzynski, that Council ratify
the check register for payroll of November 23, 2003 through December
6, 2003 paid on December 12, 2003 in the amount of $587,943.48.
Carried unanimously. (02.V)
ITEM 3
ACCOUNTS PAYABLE
RATIFICATION FOR
NOVEMBER
Motion by Ms McNutt, seconded by Mr. Pirzynski, that Council ratify
the accompanying check registers for accounts payable invoices paid
on December 5, 2003, December 12, 2003 and December 19, 2003 in
the amount of $1,505,753.79. Carried unanimously. (03.V)
Time ITEM ACTION ON ITEM
ITEM 4
COUNCIL MINUTES
DECEMBER 15, 2003
Motion by Ms McNutt, seconded by Mr. Pirzynski, that Council
approve the Minutes of December 15, 2003 (Study Session.) Carried
unanimously. (04.V)
ITEM 5 Staff noted that this Item had been deferred to a later date. (05.2)
MANAGEMENT
COMPENSATION
PLAN FOR 2003-2004
ITEM 6A
RESIDENCY
REQUIREMENTS
RESOLUTION 2004-02
Motion by Ms McNutt, seconded by Mr. Pirzynski, that Council adopt
Resolution 2004-02 entitled, RESOLUTION OF THE TOWN OF
LOS GATOS RESCINDING RESOLUTION 2002-134, AND
ESTABLISHING RESIDENCY REQUIREMENTS FOR
MEMBERS OF SPECIFIC BOARDS AND COMMISSIONS.
Carried unanimously. (06A.12)
ITEM 6B
PARKS COMMISSION
ESTABLISHED
RESOLUTION 2004-03
Motion by Ms McNutt, seconded by Mr. Pirzynski, that Council adopt
Resolution 2004-03 entitled, RESOLUTION OF THE TOWN OF
LOS GATOS RESCINDING RESOLUTION 2002-103, AND
ESTABLISHING THE PARKS COMMISSION Carried
unanimously. (06B.12)
ITEM 7
RESERVOIR ROAD
This Item was pulled. It will be discussed after the Public Hearings.
ITEM 8
PROJECT 0233B
ELECTRICAL WORK
SANTA CRUZ AVE.
RESOLUTION 2004-05
RESOLUTION
2004-01RD
Motion by Ms McNutt, seconded by Mr. Pirzynski, that Council adopt
Resolutions 2004-05 & 2004-01RD entitled, RESOLUTION OF
THE TOWN COUNCIL AND REDEVELOPMENT AGENCY OF
THE TOWN OF LOS GATOS ACCEPTING WORK OF
CUPERTINO ELECTRIC AND AUTHORIZING THE TOWN
MANAGER/EXECUTIVE DIRECTOR TO EXECUTE
CERTIFICATE OF ACCEPTANCE AND NOTICE OF
COMPLETION FOR RECORDING BY THE TOWN
CLERK/SECRETARY OF THE REDEVELOPMENT AGENCY.
Carried unanimously. (08.27)
ITEM 9
AGENCY
ACCOUNTS PAYABLE
RATIFICATION FOR
NOVEMBER
Motion by Ms McNutt, seconded by Mr. Pirzynski, that the Agency
ratify the accompanying check registers for accounts payable invoices
paid on December 5, 2003, December 12, 2003 and December 19, 2003
in the amount of $290,340.81. Carried unanimously. (09.V)
ITEM 10
AGENCY MINUTES
DECEMBER 15, 2003
Motion by Ms McNutt, seconded by Mr. Pirzynski, that the Agency
approve the Minutes of Decmber 15, 2003 Study Session on the Capital
Improvement Program as submitted. Carried unanimously.
Time ITEM ACTION ON ITEM
7:06 PM VERBAL
COMMUNICATIONS
Skateboard Park:
Donavan Dresti spoke in support of skateboarding. He asked Council
to reaffirm its support of establishing a skateboard park in Town.
Mayor Glickman asked that this subject be placed on the January 20,
2004 agenda.
7:10 PM VERBAL
COMMUNICATIONS
Skateboard Park:
Ray Davis asked that Council consider placing a skateboard park on
the old bus depot behind the post office. He also mentioned being
arrested for disturbing the peace in the Civic Center and said he would
no longer salute the flag during the Council meetings until the present
Council has been changed. He then spoke on the safe routes to school
issue and noted the Shannon Road -- Los Gatos Boulevard crossing
area. He believes staff is taking too long to rectify the safety issues
identified at this location. Police Chief Seaman then addressed the
ongoing monitoring and actions being considered.
7:15 PM OTHER BUSINESS OTHER BUSINESS
ITEM 16
ANIMAL CONTROL
SERVICES
(SVACA)
ANIMAL CONTROL SERVICES (16.36)
Alana Forest, Police Captain, gave a report concerning the contract
negotiations between the Town and the City of San Jose, and the
proposals from SVACA. The conclusion of this work is that San Jose's
offer is more competitive and cost effective.
Joe Pirzynski, Councilmember, spoke of the relatively small amount
of difference in cost between SVACA and San Jose in relation to the
benefit of the Town owning equity in the final project and operations of
the SVACA proposal.
Ms Forest spoke of cost containment and the 1.5 CPA that is built into
the San Jose contract. She noted that SVACA on the other hand does
not have its facility built yet and the probability of cost increase is far
greater.
ITEM 16 SPEAKERS The following people from the audience addressed this issue:
Speaker Mark Zamudia spoke of location for the animal shelter and the
difficulty of accessing the San Jose shelter easily. He would prefer the
Santa Clara SVACA location. Staff noted that there is a similar
distance and time of operation between the two shelters.
Speaker Jane Kennedy spoke in support of SVACA and continuing to work on
reducing the costs for its operating expences.
Time
Speaker
ITEM
Barbara Nesbit spoke in support of SVACA and the close connection
the West Valley Cities have had with each other as they've worked on
this JPA.
No one else from the audience addressed this issue.
ACTION ON ITEM
ITEM 16
ANIMAL CONTROL
SERVICES
MOTION
Motion by Mrs. Decker, seconded by Ms Mc Nutt, that Council adopt
Resolution 2004-08 entitled, RESOLUTION OF THE TOWN OF
LOS GATOS AUTHORIZING THE TOWN MANAGER TO
FINALIZE AND ENTER INTO AN AGREEMENT WITH THE
CITY OF SNA JOSE FOR ANIMAL CONTROL SERVICES and
Town Manager to draft letter to SVACA indicating that the Town of
Los Gatos' intention to withdraw from the JPA by January 25, 2004,
effective by June 30, 2004.
COUNCIL COMMENTS Mr. Pirzynski spoke of maintaining local control on these services and
of continued negotiations as the Town moves forward on establishing
its animal control services
COUNCIL
COMMENTS
Mr. Wasserman, Ms McNutt and Mr. Glickman spoke of the cities
dropping out of the JPA thereby increasing costs to the remaining
participants; asked for as many cost reductions as possible; Council
believes that as a customer the Town can ask for the best services and
negotiate savings with the City of San Jose.
ITEM 16
MOTION
Carried by a vote of 4 ayes. Mr. Pirzynski voted no as reflected in
Council Comments.
CONCLUDED
PUBLIC HEARING PUBLIC HEARING
7:50 PM ITEM 11
MONROE COURT
10 MONROE COURT/PLANNED DEVELOPMENT (11.15)
Mayor Glickman stated that this was the time and place duly noted for
public hearing to consider recommendation of the Planning
Commission for approval of a Planned Development to change the
zone from RM:120 to RM:12-20:PD to construct thress dwelling units.
No significant environmental impacts have been identified as a result of
this project and a Negative Declaration is recommended. APN 529-09-
026. Planned Development Application PD-01-2. Negative
Declaration ND01-14. Property Location: 10 Monroe Court. Property
Owner: David H. Pitzen. Applicant DHP Monroe Investors LLC.
Bud Lortz, Community Development Director, gave an overview of
the history of this project. He noted that at this time the open space is
solely for the use of the owners in the planned development. He spoke
of the ADA requirements that would be necessary if the open space was
available to the general public.
Time ITEM
Council Concerns: That all trees be protected and that the more
vulnerable ones be fenced during construction phase. That the Italian
Stone Pine be added to the protected trees listed on page 17. That care
will be given to the access of Ann Lamborn to her home during
construction work.
ACTION ON ITEM
8:17 PM ITEM 11 SPEAKERS
MONROE COURT
The following people from the audience addressed this issue:
SPEAKER Stan Queen, Pacific Diversified, operations manager for the project,
spoke of the possibility of making the open space available to the
neighbors. He also noted that the heritage trees would be protected
during construction and that they would be mindful of Ms Lamborn's
access route to her home.
SPEAKER Jessie Prout thanked Council and staff for all their work and concerns.
She would prefer the open space be limited to the neighbors and not be
made available to the general public. She asked that the heritage tree
be protected and that open fencing be used so as not to block the views.
She asked that the plans for the homes not be changed because they
now meet with the neighbors approval.
8:20 PM ITEM 11 Mayor Glickman closed the public hearing.
MONROE COURT Council Consensus that council accept the report in the form of
meeting minutes from the Planning Commission regarding the Planned
Development at 10 Monroe Court
Motion by Mrs. Decker, seconded by Mr. Pirzynski, that Council
make the Negative Declaration as in Exhibit H of Attachment 8 of the
staff report. Carried unanimously.
Motion by Mrs. Decker, seconded by Mr. Pirzynski, that Council
adopt the Mitigation Monitoring Plan shown in Attachment 4 of the
staff report. Carried unanimously.
Motion by Mrs. Decker, seconded by Mr. Pirzynski, that Council
approve the Planned Development Application PD-01-2 Carried
unanimously.
Time ITEM
Motion by Mrs. Decker, seconded by Mr. Pirzynski, that Council
make the required findings as follows:
The Zone Change is consistent with the General Plan; For community
benefit this project contributes to the further development of the
surrounding neighborhood improving circulation, providing
neighborhood unity, eliminating a blighted area and furthering the
quality of life; The project is designed in context with the neighborhood
with respect to existing scale and character; Corridor lots may be
considered if beneficial to surrounding neighborhood; Applicant shall
demonstrate the benefit of a Planned Development through excellence
in design; Applicant shall demonstrate strong community benefit; The
Stone Pine tree shall be protected; there is a restricted open space
easement for access to creek and riparian habitat for the homeowners in
the planned development; fencing shall remain open so public can
view creek ; the designs will blend well with the neighborhood.
Carried unanimously.
ACTION ON ITEM
ITEM 11 continued Motion by Mrs. Decker, seconded by Mr. Pirzynski. To waive the
reading of the Proposed Ordinance. Carried unanimously.
TITLE READ The Town Clerk read the Title of the Proposed Ordinance.
ITEM 11
10 MONROE COURT
FINAL MOTION
Motion by Mrs Decker, seconded by Mr. Pirzynski, that Council
Introduce Proposed Ordinance entitled, ORDINANCE OF THE
TOWN OF LOS GATOS AMENDING THE ZONING
ORDINANCE EFFECTING A ZONE CHANGE FROM RM:12-20
TO RM:12-20:PD AT 10 MONROE COURT. Carried unanimously.
PUBLIC HEARING PUBLIC HEARING
8:35 PM ITEM 12
TAPESTRY
RESTAURANT
COLLAGE AVENUE
11 COLLEGE AVENUE/TAPESTRY RESTAURANT (12.15)
Mayor Glickman stated that this was the time and place duly noted for
public hearing to consider recommendation of the Planning
Commission for approval to modify an existing Conditional Use Permit
Application to expand from beer and wine to full liquor service
(Tapestry) on property zoned C-2. APN 529-29-052. Conditional Use
Permit U-04-6. Property Location: 11 College Avenue. Property
Owner: Dave Flick. Applicant: Tapestry Restaurant.
Bud Lortz, Director of Community Development, gave an overview of
the proposal and recommendations from the staff report.
Council Comments: That this restaurant will not be considered as a
take out restaurant. That there will be no stand alone bar installed in
the restaurant. That outside diners will be able to receive a drink.
ITEM 12
SPEAKER
Gary Messick, applicant, representing Tapestry, asked for the
opportunity to compete with other local restaurants that have been
allowed full liquor service with their restaurants.
8:43 PM ITEM 12
TAPESTRY
Mayor Glickman closed the public hearing.
RESTAURANT
Council Consensus that council accept the report in the form of
meeting minutes from the Planning Commission regarding a
modification of a Conditional Use Permit.
Time
ITEM 12
11 COLLEGE AVENUE
FINAL MOTION
ITEM
Motion by Mr. Pirzynski, seconded by Mr. Glickman, to approve the
application subject to the proposed conditions, making the required
findings in Attachment 1, and requiring that there shall be no dedicated
walk up counter for take out . Carried unanimously
ACTION ON ITEM
PUBLIC HEARING PUBLIC HEARING
8:46 PM ITEM 13
WEED ABATEMENT
ITEM 13
HAZARDOUS VEGETATION/WEED ABATEMENT (13.33)
Mayor Glickman stated that this was the time and place duly noted for
public hearing to consider overruling objections and ordering
abatement of hazardous vegetation (weeds) on certain properties and
authorizing the County contractor to perform the weed abatement work
necessary to comply with the standards.
John Curtis, Director of Public Works, spoke of the history of this
annual program held in Los Gatos.
8:48 PM ITEM 13 SPEAKERS The following people from the audience addressed this issue:
SPEAKER Rebecca Roulette spoke of the requirements now being asked of her.
Over the years she has not been required to do these things. She also
noted the difficulty with access to her property.
SPEAKER Debbie Grover representative from the Fire Marshal's Office and
Program, spoke of setting an appointment to go out to speak with Ms
Roulette and explain to the owner how to control the fire hazards on
her property.
SPEAKER Curt Hansen spoke of having received notice to trim back his trees.
He asked if he was required to have permits to trim his trees. He will
meet with the Fire Marshal and Town arborist on the proper
procedures.
8:57 PM ITEM 13
WEED ABATEMENT
Mayor Glickman closed the public hearing.
ITEM 13
WEED ABATEMENT
FINAL MOTION
Motion by Mr Wasserman, seconded by Mr. Pirzynski, that Council
adopt Resolution 2004-06 entitled, RESOLUTION OF THE TOWN
OF LOS GATOS OVERRULING OBJECTIONS AND
ORDERING ABATEMENT OF HAZARDOUS VEGETATION
(WEEDS) AS A PUBLIC NUISANCE. Carried unanimously.
8:58 PM PULLED ITEM PULLED ITEM
ITEM 7
RESERVOIR ROAD
RESERVOIR ROAD/SUBDIVISION APPEAL (07.15)
Mayor Glickman stated that this was the time and place duly noted to
consider adopting resolution granting an appeal of a Planning
Commission decision to deny an application to remove the existing
reservoir and facilities and a four lot subdivision on property zoned R-
1:20. No significant environmental impacts have been identified as a
result of this project and a mitigated Negative Declaration is
Time ITEM
recommended. Architecture & Site Application: S-01-77. Subdivision
Application: M-01-13. Negative Declaration: ND-01-11. Property
Location: Reservoir Road. Property Owner/Applicant/Appellant: San
Jose Water Company.
ACTION ON ITEM
ITEM 7 CONTINUED RESERVOIR ROAD/SUBDIVISION APPEAL CONTINUED
Time
ITEM 7
RESERVOIR ROAD
STAFF AND COUNCIL
DISCUSSION AND
CONSENSUS
ITEM
COUNCIL DISCUSSION AND CONSENSUS
* Los Gatos High School, Main Street Businesses and the residents
along the route of travel for the construction trucks shall be notified of
all staging activities. They shall be considered in all dates of activities
and timing for traffic.
* The specifics of easements, titles from property owners, and
contractural commitment associated with the sewer line dog leg north,
referred to as Alternative F, also Item 33 of the A&S Application
Conditions, and entering 10 Reservoir Road property needs to be
clarified and delineated further. Alternative F as described in the
December 15, 2003 Council staff report.
* Fill is limited to 4,000 cubic yards maximum.
* Within the Subdivision Application and the A&S Application the
words "subject to review and approval" rather than "shall be approved"
will be used throughout for consistency and clarity.
* Within the Subdivision Application, Conditions of Approval, in
Paragraph 12, speaking of "Guiding Light," reference the intent to be
"no more tree removal or larger building envelopes be allowed."
Within these directives there will be use of more substantive language
for direction to the applicants who will be processing their plans
through the Town's Planning regulations.
* Within the Subdivision Application, Conditions of Approval, in
Paragraph 29, speaking of "a better estimate of the amount of import
material" could be made more specific in the estimates of the amount
of fill to be brought in. Same as in A&S Par.37.
* Within the Subdivision Application, Conditions of Approval, in
Paragraph 60, speaking of the hours of transportation, the request is
again to contact the school for input. Rather than the suggested 2:25 to
2:45 for peak school traffic, it is suggested that 1:55 to 2:25 is the time
for the larger impact of traffic on Main Street. Rather than the
statement that the Town MAY choose to prohibit truck operations, the
statement should be that the Town WILL choose to prohibit truck
operations during the times of peak traffic impacts around the school.
Same to be reflected in A&S Par. 68.
* Staff is committed to offering a review of landscape, and grading
plans to the neighbors during this project. Council would like note of
the review cycles reflected in the resolution.
* Communications plan is exemplary. Flyers to be distributed to all
residents and businesses as too where, when and what is going on so all
have information to work with and plan around.
ACTION ON ITEM
======
======
==================
ITEM 7 CONTINUED
==================
STAFF AND COUNCIL
DISCUSSION AND
CONSENSUS
=================================================
RESERVOIR ROAD/SUBDIVISION APPEAL CONTINUED
=================================================
COUNCIL DISCUSSION AND CONSENSUS
* Geology and soils reports will be developed under the Architecture
and Site process when specific plans come forward for the newly
formed building sites. The Hillside Standards will be the guidelines
through which the applicant will need to design the homes. Stepped
foundations and designs that fit the contour of the land will be
encouraged. Pier and beam construction to minimize cut and fill and
impact to the trees may be encouraged.
9:35 PM ITEM 7
SPEAKERS
The following people from the audience addressed this issue:
SPEAKER Dennis McEvoy brought Council's attention to the desk item before
them this evening. He spoke for himself and Ms Kenkel noting the
resident's concerns and the responses from staff. He addressed Items 1,
2, 3, 10, 11, 12, and 13 specifically. These include large box
replacement trees; an effort to save tree #90; an attempt to provide the
most rural curb and gutter system; establishing the four thousand cubic
yards of fill as a maximum; and a greater effort to notify the
neighborhood of any considered changes in activities, priorities and
proposals.
SPEAKER Art Bonner referred to the desk item, and asked how the four
thousand cubic yards of fill was going to be engineered, what the
contour of the land would be after it was placed, and how the amount
and placement of the fill was to be monitored.
SPEAKER Suzanne Cochrane would like Town to keep those concerned notified
of the progress of the project and informed about any new information
that concerns the development.
SPEAKER Eric Morely spoke of the developer working carefully with the
existing trees and in trying to preserve the canopy. He noted that there
would be some flexibility in the A&S process to evaluate the sites and
trees and explore design footprints that fit within the topography of the
land and the placement of the existing trees. The process and plans can
be reviewed by the neighbors and a method of communications
established for those who are impacted to be able review and comment
as considerations and planning proceed.
Time
======
SPEAKER
ITEM
==================
ITEM 7 CONTINUED
Ray Davis spoke of moving four thousand cubic yards out of the
reservoir and moving four thousand cubic yards of fill back in, totaling
eight thousand cubic yards to be trucked through the community.
ACTION ON ITEM
================================================
RESERVOIR ROAD/SUBDIVISION APPEAL CONTINUED
SPEAKERS
CONTINUED
Kevin Rohani , Town engineer, addressed the geotechnical aspects of
the development. There will be a full-time inspector assigned by the
Town available on site during all activities.
ITEM 7 COUNCIL DISCUSSION AND CONSENSUS
STAFF AND COUNCIL
DISCUSSION AND
CONSENSUS
* A Communications Plan shall be implemented to afford public input
at key opportunities during remediation construction. This will include
the Landscaping and Grading Plans at strategic construction
milestones.
* Tree #90 will be preserved at this time and cared for until such time
as approved construction plans are developed. At that time a decision
will be made by the Planning Commission as to the practicality of
keeping Tree #90.
* If there are design changes that can be handled by staff they will be
minor and not substantive. Fill is limited to a maximum of 4,000 cubic
yards. Any changes in grading or tree removal would be fully
communicated and brought to the appropriate body for review and
approval.
* All additional review steps to be included as Conditions of Approval.
10:30
PM
======
ITEM 7
RESERVOIR ROAD
MOTION AND FINAL
ACTION
==================
OTHER BUSINESS
Motion by Mr. Wasserman, seconded by Mr. Pirzynski, to approve
the changes and directions discussed by Council this evening and have
the resolution return to Council on January 20, 2004 for review and
consideration by Council. Council to be assured that the neighbors and
affected parties have also had an opportunity to review the changes
before Council adoption of resolution. Carried unanimously
=================================================
OTHER BUSINESS
10:40
PM
ITEM 14
NON-POINT SOURCE
(NPDES)
NON-POINT SOURCE PRESENTATION (14.40)
Mayor Glickman stated that this was the time and place duly noted to
consider introducing Ordinance amending Town Code Sections
22.30.010 and 22.30.035 to comply with the requirements of Provision
C.3 of the Town's NPDES Permit.
John Curtis, Parks and Public Works Director, gave an overview of
this annual program.
Time
======
PRESENTATION BY
(NPDES)
REPRESENTATIVES
ITEM
==================
ITEM 14
NPDES CONTINUED
Cheri Donnelly and Jack Lowell made a presentation to Council of
the storm water program. They had a visual display which was shown
to Council and used as a classroom demonstration model. They work
with the public and with business owners to educate about how
pollutants flow through the storm water system to the Bay.
ACTION ON ITEM
=================================================
NON-POINT SOURCE PRESENTATION CONTINUED
INTRODUCTION OF ORDINANCE (14.40)
SPEAKER Speaker, Ray Davis, spoke in the public interest.
EXTEND THE
MEETING PAST
MID-NIGHT
Motion by Mr. Wasserman, seconded by Mr. Glickman, to extend the
Council meeting past mid-night. Carried unanimously.
ITEM 14 CONTINUED Motion by Ms McNutt, seconded by Mr. Glickman, to waive the
reading of the Proposed Ordinance. Carried unanimously.
TITLE READ The Town Clerk read the Title of the Proposed Ordinance.
ITEM 14 Motion by Ms McNutt, seconded by Mr. Glickman, that Council
NON-POINT SOURCE
(NPDES)
FINAL MOTION
Introduce Proposed Ordinance entitled, ORDINANCE OF THE
TOWN OF LOS GATOS AMENDING TOWN CODE SECTIONS
22.30.010 AND 22.30.035 TO COMPLY WITH THE
REQUIREMENTS OF PROVISION C.3 OF THE TOWN'S
NPDES PERMIT. Carried unanimously.
OTHER BUSINESS OTHER BUSINESS
11:10 PM ITEM 15
HILLSIDE
DEVELOPMENT
STANDARDS
(15.38)
HILLSIDE DEVELOPMENT STANDARDS AND GUIDELINES
Mayor Glickman stated that this was the time and place duly noted to
consider adopting resolution adopting the Hillside Development
Standards and Guidelines. It has been determined that this project
could not have a significant impact on the environment, therefore, the
project is not subject to the California Environmental Quality Act
(Section 15061 (b)(3)). File A-03-3 Applicant: Town of Los Gatos.
Bud Lortz, Director of Community Development, gave a short
overview of the work the Planning Department and Hillside committee
have accomplished over the last year while working on these standards
and guidelines
11:15
PM
SPEAKERS The following people from the audience addressed this issue.
SPEAKER Ray Davis spoke of the need for additional work on this document and
asked that the report have a peer review before it is adopted.
SPEAKER Joe McCarthy, owner of the property, spoke of the history behind this
project and of the community benefits to the neighborhood. He noted
the new water line installed for protection against fire, which is a
benefit to the surrounding residential properties. He also spoke of the
emergency access fire road which runs through the Jesuit property. He
spoke of beginning his process over seven years ago and of having
completed extensive preliminary work which was necessary before the
plans for the homes could be submitted.
Time ITEM ACTION ON ITEM
ITEM 15
SPEAKERS
CONTINUED
HILLSIDE DEVELOPMENT STANDARDS AND GUIDELINES
Speakers Continued:
SPEAKER Tom O'Donnell representing McCarthy Land Co, spoke of the removal
of Guadalupe College from the hillside landscape and suggested that
this undertaking deserves some credit. He asked for a narrow
exception to be applied in an equitable manner, that will not override
the intention of the hillside standards, to a project that has completed
significant preliminary work on a proposed planned development. He
asked that the project be grandfathered and that Council consider
granting a variance.
11:25
PM
ITEM 15
STAFF AND COUNCIL
DISCUSSION AND
CONSENSUS
COUNCIL DISCUSSION AND CONSENSUS
* There is a possibility to grant an exception to the maximum floor
area ratio for any planned development for which the subsequent
architecture and site applications have not yet been submitted.
* Council absolutely wants to protect the hillside viewshed from any
visible new structures that are constructed.
* The proposed document appears to set standards that will preserve
the beauty of our hillsides.
* Council can adopt these standards and proceed to uphold these
guidelines and still be able to work with an existing project, begun
under prior regulations but which as yet needs to proceed through the
architecture and site process.
* Council would like additional analysis on an established maximum
square footage before a number is added to this document.
12:20
AM
MODIFICATIONS TO
THE DOCUMENT BY
COUNCIL
MODIFICATIONS TO THE HILLSIDE STANDARDS AND
GUIDELINES TO RETURN TO COUNCIL 01/20/04
Page 05 Move Bullet 08 to Bullet 02: Bullet 08 acts as a forward to
the process and should be moved forward for that reason.
Page 13 Definition of "Visible Home" should be used within the text
of the document to allow the definition to be viable.
Page 17 Add a total amount to the section on grading
Page 24 Use of fire retardant landscaping around hillside structures. A
process inserted for Fire Marshal's Department review and sign off.
Page 30 The "Viewshed" is always determined from downtown Los
Gatos. There should be other sites within our Town for determining the
viewshed.
Page 35 There is a need for illustrating the thirty-five foot height limit
to show the possibility to step the home into the topography.
Pages 37 & 41 Remove every other contour line in the illustrations so
it does not appear that we are encouraging building in areas that the
contours are that close.
Time ITEM ACTION ON ITEM
ITEM 15
CONTINUED
HILLSIDE DEVELOPMENT STANDARDS AND GUIDELINES
Modifications Continued:
Definition: "Slope" and "Maximum Slope" must be worked on.
Historically a 30% slope was considered a maximum but there is no
consistent language in this document to reference this subject.
Page 29 The exclusion shall remain at 400 square feet for the garages.
12:30
AM
ITEM 15
MOTION
Motion by McNutt, seconded by Mr. Glickman, to approve the
Hillside Development Standards and Guidelines as modified by
Council comments and consensus and defer the adoption of resolution
to Tuesday, January 20, 2004. Carried unanimously.
ITEM 17 COUNCIL MATTERS (17.28)
There were no reports given this evening.
ITEM 18 MANAGER MATTERS (18.28)
There were no reports given this evening.
12:35
AM
ADJOURNMENT Mayor Glickman adjourned this evening's meeting at 12:35 AM.
Town Council Minutes January 5, 2004
Redevelopment Agency Los Gatos, California
ATTEST:
Marian V. Cosgrove
Town Clerk
Secretary to the Redevelopment Agency
N:\CLK\Council Minutes\2004\M 01-05-04.wpd
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