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 OF 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 (Hillside 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 order to develop six
(6) home sites, a vineyard, landscaping, streets, trails, open space 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
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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
t 00,000 gallon storage tank, and new distribution piping.
2. The second part, the fire water supply system, will have 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 gpm 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. Developer proposes amutual benefit water company rather than developing facilities
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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 denied Developer'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
conjunction with section 2.4(l)(b) of the Town's 'Hillside Specific 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
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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(I)(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 tad day of July, 2001, by the following vote:
COUNCIL MEMBERS:
AYES: Randy Attaway, Sandy Decker, Steve Glickman, Mayor Joe Pirzynski.
NAYS: None
ABSENT: Steven Blanton
ABSTAIN: None Z
SIGNED: �"
AYOR O rETOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
Z�6J
CLERK OF THE'TOWN O OS GATOS
LOS GATOS„ ,CALIFORNIA
El