06 Staff Report - Accept Staff Recommendations on County ReferralsMEETING DATE: 1/7/02
ITEM NO. E.
COUNCIL AGENDA REPORT
DATE: December 26, 2001
TO: MAYOR AND TOWN OUNCIL
FROM: TOWN MANAGER
SUBJECT: ACCEPT STAFF RECOMMENDATIONS ON COUNTY REFERRALS
REFERRAL
NUMBER LOCATION APPLICANT REQUEST RECOMMENDATION
A. Projects Outside Urban Service Area:
None
B. Projects Inside Urban Service Area:
8014 Wagner Road Barth Building Site Approval/4 conditions
Grading
Design Review
Special Permit
The applicant is requesting approval to construct a new 7,625 square foot one story single family
residence with a 990 square foot secondary dwelling unit, three accessory structures totaling
approximately 1,300 square feet and a tennis court on property prezoned HR-20. The property is subject
to the provisions of the Los Gatos Hillside Specific Plan which was jointly adopted by the Town and
the County. Section 1.4.5(a) of the Land Use Section of the Hillside Specific Plan states that new
secondary dwelling units are prohibited except in the County where such uses may be permitted in
historic structures. Therefore, a new structure containing a secondary dwelling unit is in violation of
the Hillside Specific Plan and cannot be approved. If the application was revised to request a
caretaker's unit or if the kitchen was removed from this unit and an accessory living quarter was
requested, the Town could support the application.
(Continued on Page 2)
PREPARED BY: BUD N. LORTZ
DIRECTOR OF COMMUNITY DEVELOPMENT
Reviewed by: 0, Attorney Clerk Finance Community Development
Revised: 12/26/01 11:00 am
Reformatted: 5/23/01
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: COUNTY REFERRALS
December 26, 2001
All of the accessory structures shown on the plans exceed the Town's height limit of 15 feet, which
is measured from existing or finished grade, whichever is lower.
A recommendation for approval of the applications should be forwarded to the County subject to the
following conditions to meet Town requirements:
1. The application shall be revised to request a caretaker's unit, with justification from the
applicant for a caretaker, or, the kitchen shall be removed from the secondary dwelling unit,
and the application shall be revised to request approval of an accessory living quarter.
2. The maximum height of all accessory structures shall not exceed 15 feet above existing or
finished grade, whichever is lower.
3. Exterior paint colors of all structures shall have a light reflectivity value that does not exceed
30 and shall blend with the natural color of vegetation that surrounds the site.
4. The tennis court shall not be lighted.
C. Status of Previous Applications:
None
Distribution:
Mr. Mike Lopez, Acting Land Development Coordinator, Central Permit Office, County
Government Center, East Wing, 70 W. Hedding Street, San Jose, CA 95110
Florian Barth, 2995 Woodside Road #400, Woodside, CA 94062
Velimir Sulic, 2021 The Alameda #195, San Jose, CA 95126
N:1DEV\CNCLRPTS11-7-02.REF.wpd
Town Council Minutes January 7, 2002
Redevelopment Agency Los Gatos, California
HEARINGS CONTINUED
NORTH SANTA CRUZ AVENUE 217/SALE OF BEER AND WINE WITH MEALS/CONT.
Mr. Pirzynski does not feel the arguments have overcome the position the Town has taken regarding
alcohol and he believes the Council has made it clear that the downtown has reach a point of balance
of uses. He believes the Council sets policy; and, this situation is unique in that it will signal where
the Town wants to go regarding our alcohol policy. Mr. Pirzynski stated that prior applications of this
sort were for an extension of alcohol use and not for new alcohol use. He feels the Council needs to
continue to explore the area of "fine dining" to give greater depth to the definition. Mr. Pirzynski
feels that although we need to still maintain the viability of our commercial centers there is language
that says we need to continue to strongly discourage new applications relating to alcohol and therefore
he can not see this application fitting with the property in question.
Mayor Attaway will not support the motion. Mr. Attaway stated that he did not think the location
should have supported a restaurant in the beginning. However, he believes that the current use meets
a certain need of the community. Mr. Attaway explained that he does not want to set a precedent and
feels this restaurant should remain a fast food restaurant or something of similar nature.
Motion fails 2-3. Mrs. Decker, Mr. Pirzynski and Mayor Attaway voting no.
Motion by Mrs. Decker, seconded by Mr. Pirzynski to deny 217 North Santa Cruz Avenue, CUP
U-01-18. Carried 3-2. Mr. Blanton and Mr. Glickman voting no.
MINUTES OF DECEMBER 17, 2001 (05.V)
Ray Davis, resident, stated that he has reviewed the minutes and he was gratified that his comments
are reported almost verbatim. Mr. Davis stated that he would present a check for fifty dollars at the
next meeting relating to his comments at the previous meeting.
Motion by Mr. Pirzynski, seconded by Mrs. Decker that Council approve the Minutes of December
17, 2001 as submitted. Carried unanimously.
COUNTY REFERRALS (06.00)
Ray Davis, resident, stated that he has looked at the plans for #8014 Wagner Road and feels this is
a wonderful opportunity to be proactive. Mr. Davis feels that these plans are exactly what Los Gatos
is looking for on the ridge top. One story, elegant, hillside home, with a relaxed roof which is totally
compatible with Los Gatos' General Plan and Hillside Specific Plan. Mr. Davis would like to see a
condition which says no further subdividing can occur on this property and feels the tennis court
should be lighted with down lighting and required to be off at a certain time each evening.
Council comments:
Mrs. Decker concurs with the Staff comments and feels it is important to reiterate to the County what
our standards are. Mrs. Decker would not like to tamper with the policy prohibiting lighting of the
tennis courts in the hillsides.
Mayor Attaway clarified that Town policy prohibits lighted tennis courts in the Hillsides.
Motion by Mr. Pirzynski, seconded by Mrs. Decker, that Council accept staff recommendation on
County Referrals. Carried unanimously.
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