1993-103-Deny A Request To Modify An Existing Conditional Use Permit To Modify Conditions Of Approval Including Those Relating To Property Access And To Allow The Use Of Foster Road As Primary AccessRESOLUTION 1993 -103
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
DENYING AN APPEAL OF THE PLANNING COMMISSION DECISION TO
DENY A REQUEST TO MODIFY AN EXISTING CONDITIONAL USE PERMIT
TO MODIFY CONDITIONS OF APPROVAL INCLUDING THOSE RELATING TO
PROPERTY ACCESS AND TO ALLOW THE USE OF FOSTER ROAD AS
PRIMARY ACCESS, CONDITIONAL USE PERMIT APPLICATION U -84 -613
(PROPERTY LOCATED AT 17975 FOSTER ROAD /PROPERTY OWNER,
HO REAL ESTATE LTD. /WESTERN CALIFORNIA UNIVERSITY)
WHEREAS:
1. This matter came before the Town Council of the Town of Los Gatos for
public hearing on appeal by applicant Ho Real Estate Ltd. /Western California
University from a decision of the Planning Commission. This application and appeal is
brought pursuant to Town of Los Gatos Code Becton 29.30.305 and seeks to change the
primary access to applicant's property from Alma Bridge Road to Foster Road.
2. The public hearing was duly noticed in conformance with state law.
3. At the hearing, the Town Council received testimony from the following
representatives of the appellant, Charles Bedolla and Jack Stewart, and the following
persons: Alan Young, Kathy Anderson, Lesley Dinette, Laurie Friedman, Mel
Friedman, Allan Beattie, Sr., Charlotte Lorberbaum, Marian Stoops, Amy Grimes,
Richard Ostrowski, and Karen Ostrowski.
4. In addition, the Council received the record presented to the Planning
Commission, the Planning Commission's minutes, and additional documentary evidence
submitted by the appellant and other interested persons.
5. The Council considered all of the testimony and evidence described above
in reaching its decision herein.
6. At least four different means of vehicle access to the property have been
identified: Alma Bridge Road, Lime Kiln Road, road through Novitiate, and Foster
Road. The County of Santa Clara determined that the appropriate access was via Lime
Kiln Road in the 1960's and 1970'x.
7. No traffic studies or improvement descriptions were presented to the
Council regarding a Foster Road access. No information concerning potential location
of Park and Ride lots serving either Lime Kiln Road or Foster Road was provided to
the Council. In addition, no information concerning the current structural status of the
buildings on appellant's property or projected repair requirements was provided to the
Council
8. No cumulative impact analysis of the traffic situation was provided by
applicant. No program or plan for restricting or limiting the number of trips by vehicles
to or from the applicant's property under the proposed use of Foster Road was
provided.
9. The intensity and scope of use of applicant's property depends to a large
degree on the traffic and means of access to the property, and therefore, the conditions
on that use to be imposed through the conditional use permit process must be developed
with adequate information regarding traffic, safety, and effects.
10. The Council does not have before it any technical assessment upon which
it can reasonably weigh the current effects and impacts of the Foster Road access versus
Lime Kiln Road access.
11. Primary access via Foster Road to the applicant's property would also
affect streets and uses on the streets serving Foster Road (such as Alpine Avenue) which
are of concern because of restricted width and safety complications. The Council does
not have before it any information to determine how those adverse effects can be
mitigated or addressed. On the other hand, access via Lime Kiln Road would have little
impact on other uses or roads; as stated by the applicant, Caltrans has determined that
the effect of this project on the Alma Bridge /Highway 17 intersection is apparently not
sufficient to justify improvements at that intersection.
12. Any blockage or disruption of Foster Road would pose a significant safety
problem for emergency access and evacuation, and although the Central Fire District
believes that Foster Road and the secondary access across the Novitiate property would
provide sufficient emergency vehicle access, it is not clear that this access system would
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provide sufficient evacuation routes to insure that an Oakland fire Situation would not
occur in this area should Foster Road be used as primary access.
13. The modification of the approved Planning application to change the
primary access to the applicant's site from Alma Bridge Road to Foster Road creates,
on the face of it, the possibility of significant environmental impacts as described above.
It is doubtful that the intensity or scope of the proposed use of the applicant's property
would have been approved in 1986, if Foster Road had been designated as the primary
access. Paragraph G(2) of Resolution No. 1986 -165 approving the use permit forbids
access via Foster Road. The record regarding that application shows that no study of
Foster Road as access to the site was conducted at that time. Access via Lime Kiln
Road appears to be feasible and potentially viable. In addition, the potential adverse
impacts on other uses, streets, emergency access and natural resources would appear to
be less in a Lime Kiln Road access than in using Foster Road. The Town remains
willing to cooperate with the applicant in analyzing access via Lime Kiln Road.
14. Applicant has refused and continues to refuse to support a supplement to
the existing EIR that would provide the baseline information to the Council and public
to analyze and weigh effects of access and usage alternatives. Stich a supplement is
required by CEQA and its Guidelines, and applicant is required to fund it by those
Guidelines.
RESOLVED:
A. If the Alma Bridge access is not to be used as primary access to applicant's
site, additional information and studies are required to determine the appropriate level
and intensity of use of applicant's property and the access to be provided to the property
given those uses. A supplement to the existing 1986 EIR is the appropriate and
required vehicle of the California Environmental Quality Act to both update the EIR
and address the issues presented by the applicant in this application.
B. Because the applicant will not support preparation of such a supplement as
required by the California Environmental Quality Act and its Guidelines, the application
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for modification to the existing conditional use permit for modification of condition of
approval is denied and the decision and findings of the Planning Commission are
affirmed.
C. This decision constitutes a final administrative decision pursuant to Code
of Civil Procedure section 1094.6 as adopted by section 1.10.055 of the Town Code of
the Town of Los Gatos. Any application from 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 6th day of July, 1993 by the following vote.
COUNCIL MEMBERS:
AYES: Randy Attaway, Steven Blanton, Linda Lubeck, Mayor Joanne Benjamin
NAYS: None
ABSENT: Patrick O'Laughlin
ABSTAIN: None
SIGNED:
JOS A YOR OF THE TO OF LOS GATOS
GATOS, CALIFORNIA
ATTEST:
CLERK OF THE TOWN OF L GATOS
LOS GATOS, CALIFORNIA
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