03 Staff Report - County Referrals 18500 Lime Kiln Canyon RoadE
MEETING DATE: 9/16/02
ITEM NO. 3
COUNCIL AGENDA REPORT
DATE: September 9, 2002
TO: MAYOR AND TOWN NCIL
FROM: TOWN MANAGER )C10S.)%
SUBJECT: ACCEPT STAFF RECOMMENDATIONS ON COUNTY REFERRALS
A. Projects Outside Urban Service Area: 18500 Lime Kiln Canyon Road
B. Projects Inside Urban Service Area: None
C. Status of Previous Applications: None
REFERRAL
NUMBER LOCATION APPLICANT REQUEST RECOMMENDATION
A. Projects Outside Urban Service Area:
3690 18500 Lime Kiln West Coast Use Permit Approval/no conditions
Canyon Road Aggregates
Lexington Quarry has been an operating quarry producing rock products for local needs since 1968.
Several permits have been approved in the past to allow the current lease area of the quarry to
encompass 54.3 acres. Of this area, 26 acres has been quarried and reclaimed, and the reclamation has
been accepted by the County. The applicant is requesting approval to renew their use permit and to
expand their quarry operation 12.9 acres to the south. This expansion would increase the lease and
permit area to a total of 67.2 acres. The remaining quarrying and final reclamation are expected to be
completed in approximately 15 years. The operation of the quarry will continue to be mechanically
(without explosives) broken loose from the quarry slopes, processed and sold. The applicant expects
to begin utilization of a "wet operation process" within the next few years. This process will result in
a significant reduction in both noise and dust when compared to the quarry's current processing method.
(Continued on Page 2)
PREPARED BY: BUD N. LORTZ
W
2
DIRECTOR OF COMMUNITY DEVELOPMENT
Reviewed by: Assistant Town Manager o�/Attorney Clerk Finance
i Community Development Revised: 9/9/02 3:43 pm
Refonnatted: 5/23/02
c
1
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: COUNTY REFERRALS
September 9, 2002
Pursuant to County requirements, use permits are not issued to surface mining operations until the
County Planning Commission has approved a Reclamation Plan. Such a plan has been submitted,
which extensively regulates the restoration of the area and the monitoring of the restoration. Since the
expansion will occur in the opposite direction of the Town and the quarry company has agreed in
writing to accept responsibility for the reclamation of the quarry in conformance with the Reclamation
Plan, a recommendation for approval should be forwarded to the County.
B. Projects Inside Urban Service Area:
None
C. Status of Previous Applications:
None
Distribution:
Mr. Mike Lopez, Land Development Coordinator, Central Permit Office, County Government
Center, East Wing, 70 W. Hedding Street, San Jose, CA 95110
West Coast Aggregates, Inc, 37350 South Bird Road, Tracy, CA 95304
Ruth and Going Inc, c/o Michael Sheehy, 2216 The Alameda, Santa Clara, CA 95050
N:\DEV\CNCLRPTS\9-16-02.wpd
Town Council Minutes September 16, 2002
'Redevelopment Agency Los Gatos, California
GRIFFITH PLACE 105/SECOND STORY ADDITION/RESIDENTIAL/HEARING CON'T
Speakers continued:
Vadim Melik-Karamov, applicant, spoke of adding 3 bedrooms and not touching anything else on
the property. He also spoke to the possible addition to the garage which would offer less impact to
the neighborhood.
Manny Kadkhodayan, appellant, asked Council to consider his loss of view with a two story in his
face. All of his view windows will be blocked by the addition.
Arkady Kokish, owner of property, spoke of the project and said he would adhere to the staff's
suggestions regarding the options for the project.
Ray Davis, spoke against the project and large homes in the hillside. He complained about Council
members that were not protecting the hillsides, and spoke of the public resource of the mountains
being abused by inappropriate development.
Karen Sepahmansour, spoke of how this application would be setting a precedent for two story
homes in the hillsides and how privacy rights and consistency of neighborhoods should be included
in the plans for any new development. Neighborhood and individual should be considered.
Motion by Mr. Blanton, seconded by Mr. Glickman, to close the public hearing. Carried
unanimously.
Motion by Mr. Pirzynski, seconded by Mr. Glickman, to deny the appeal and uphold the Planning
Commission's decision. (Mrs. Decker asked that the hillside view, privacy and light be made
accessible to the neighbors and the owner in the design of the addition. Noted that the proposal was
at the entrance to the street and should remain one story to allow light to the home.) The other
council members agreed that the town architect and Planning Commission would work with the
proposal, implementing the issues of privacy, views, compliance, and stepped back construction. Also
that this approval will run with adherence to the requirements in the permit and will follow the
judgement values of staff when alterations are called for. Carried by a vote of 4 ayes. Mrs. Decker
voted no believing that the proposal should undergo more modifications before approval.
COUNTY REFERRALS (03.31)
The following people from the audience spoke to the issue:
Ray Davis, asked that clear concise agendas about the county referrals be supplied, and that the
quarry application be brought to the Parks Commission for discussion on impacts to vistas and view
sheds.
Muriel Appelbaum, spoke of the quarry expansion, and the impacts upon the town. She noted the
impact to the reservoir from the Lexington silt run off. She noted that the county permits are
ineffective and that crushing of rock, truck activity, quarrying outside of permitted area, more
equipment use than allowed is taking place. She believes that if the expansion is permitted there will
be permanent damage to this area.
Joelien Fishman, spoke of the county planning meeting. She said that the county planning
department did not have the appropriate permits in place yet. Many issues have been addressed but
the quarry is far above its use permit and the county has not been able to control this activity. She
asked that Council not accept report until county addresses the issue thoroughly.
N:1CLK1Council Minutes120021M09-I6-02.wpd
5
Town Council Minutes
Redevelopment Agency
COUNTY REFERRALS CON'T
Alexander Liniecki, spoke of the impacts caused by the quarry. He noted the noise and the need for
testing of noise levels by the county, and also noted that the quarry equipment is very old, generating
a great deal of sand and dust, and the neighbors are addressing these health issues concerning this
increased activity.
Udi Fishman, spoke of having no way of fixing the hillside after the scarring, and asked that a
reclamation plan for the quarry be required by the county and be put in place now because it can not
be done economically in the future.
September 16, 2002
Los Gatos, California
Council consensus to forward a summary to the County of the Council's findings this evening; to
not accept the report on tonight's agenda; and to request a full report from the county on the quarry
operations.
Motion by Mr. Blanton, seconded by Mrs.
Referral of Lexington Quarry:
NUMBER LOCATION
3690 18500 Lime Kiln
Canyon Road
Carried unanimously.
APPLICA
West Co
Decker, to receive and file report concerning County
NT
ast
Aggregates
REQUEST RECOMMENDATION
Use Permit Approval/No Conditions
MINUTES OF SEPTEMBER 3, 2002 (07.V)
Ray Davis spoke of his walking stick and how he attends to it in the council chambers and noted the
concerns that others have attached to it.
Motion by Mr. Blanton, seconded by Mr. Glickman, that Council approve the Minutes of
September 3, 2002, Joint Council/Redevelopment Agency Meeting as submitted. Carried
unanimously.
SHADY LANE 15769/RESIDENTIAL CONSTRUCTION/RESOLUTION 2002-147/APPEAL (09.15)
Mayor Attaway stated that this was the time and place duly noted to adopt resolution denying an
appeal of the decision of the Planning Commission approving construction of a new single family
residence on property zoned HR-2 1/2. No significant environmental impacts were identified as a
result of this project, and a Negative Declaration was previously adopted for this proposal.
Architecture and Site Application S-01-70. Property Location: 15769 Shady Lane Property Owner:
Shawn Hailey. Applicant: Kim Hailey Appellant: Ray Davis.
Ray Davis, spoke of 15679 Shady Lane, and its size as an impact to the hillsides. He noted the need
to protect the ridge line and to follow the general plan and its guidelines.
Motion by Mr. Pirzynski, seconded by Mr. Blanton, that Council adopt Resolution 2002-147
entitled RESOLUTION OF THE TOWN OF LOS GATOS DENYING AN APPEAL OF A
DECISION OF THE PLANNING COMMISSION APPROVING CONSTRUCTION OF A
NEW SINGLE FAMILY RESIDENCE ON PROPERTY ZONED HR-21/2. Carried
unanimously.
N:\CLK\Council Minutes12002\M09-l6-02.wpd
6