1996-124-Deny A Conditional Use Permit For The Construction And Operation Of A Private Elementary School On Approximately 44.6 AcresRESOLUTION 1996 - 124
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
DENYING AN APPEAL OF A PLANNING COMMISSION DECISION TO DENY AN
ARCHITECTURE AND SITE APPLICATION AND A CONDITIONAL USE PERMIT FOR
THE CONSTRUCTION AND OPERATION OF A PRIVATE ELEMENTARY SCHOOL
ON APPROXIMATELY 44.6 ACRES OF PROPERTY AND A LOT LINE ADJUSTMENT
TO AN EXISTING PROPERTY LINE BETWEEN TWO ADJACENT PROPERTIES
CURRENTLY IN THE UNINCORPORATED AREA BUT PREZONE HR -5
PROJECT APPLICATION PRJ -96 -35
NEGATIVE DECLARATION APPLICATION ND -96 -5.
PROPERTY LOCATED AT 17101 HICKS ROAD.
PROPERTY OWNER: KRING 1995 RANCH UNITRUST.
APPLICANT /APPELLANT: DUSTIN BAKER (CHALLENGER SCHOOLS).
WHEREAS:
A. This matter came before the Council for public hearing on September 16, 1996,
on an appeal by the applicant from a decision of the Planning Commission and was regularly
noticed in conformance with State and Town law.
B. The Council received testimony and documentary evidence from the property
owners and all interested persons who wished to testify or submit documents. The Council
considered all testimony and materials submitted, including the record of the Planning
Commission proceedings and the packet and documents attached to the Council Agenda
Reports dated September 12 and September 16, 1996, concerning this application.
C. There is no question concerning the value of education or a private school
education, and the applicant is well - recognized for the quality of its administration, faculty,
and student achievement.
D. However, this application is a land use decision as to whether a certain size of
school facility is appropriate at this location, which is currently occupied by a riding facility.
The proposal does not call for a rural one -room schoolhouse, but instead a significant facility
with significant enrollment and a regional population.
E. The site is in an area where the Town has tried in its General Plan and Hillside
Specific Plan to keep as rural as it can. This is a very sensitive, fragile area.
F. Such a facility needs good egress and ingress, because the very success of the
applicant and the facility will attract a lot of people and traffic.
G. This is an area where the Town does not have to accept a change that is not
appropriate, and this area and valley should be protected.
H. If this facility were built, anyone would be entitled to operate it as a school, so
the use and not the particular applicant has to be the focus of the Town review.
I. On August 4, 1995, the Town Conceptual Development Advisory Committee
reviewed a tentative proposal for this facility and as stated in the Committee's report, had
serious concerns about this use in this rural area, particularly with regard to traffic and other
growth- inducing impact and noted that this would be difficult site for such an approval.
I!_Ce I i�
I. It is important to draw the line between urbanization and the rural areas of the
K. In evaluating the alternatives and the trade -offs, in the significant change from
its current use to a significant school facility, this proposal is not consistent with the Town
General Plan or Hillside Specific Plan.
RESOLVED:
1. The appeal of the decision of the Planning Commission on Project Application PRJ-
96 -35 and Negative Declaration ND -96 -5 is therefore denied.
This decision constitutes a final administrative decision pursuant to Code of Civil
Procedure section 1094.6 as adopted by section 1. 10.085 of the Town Code of the Town of
Los Gatos. Any application for judicial relief from this decision must be sought within the
time limits and pursuant to the procedures established by Code of Civil Procedure section
1094.6, or such shorter time as required by state or federal law.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of
Los Gatos, California, held on the 7th day of October, 1996 by the following vote.
COUNCIL MEMBERS:
AYES: Joanne Benjamin, Steven Blanton, Linda Lubeck, Patrick O'Laughlin,
Mayor Randy Attaway
NAYS: None
ABSENT: None