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Staff Report PREPARED BY: JENNIFER ARMER Associate Planner Reviewed by: Town Manager, Town Attorney, and Community Development Department Director 110 E. Main Street Los Gatos, CA 95030 ● 408-354-6832 www.losgatosca.gov TOWN OF LOS GATOS COUNCIL AGENDA REPORT MEETING DATE: 04/04/2017 ITEM NO: 10 DATE: MARCH 30, 2017 TO: MAYOR AND TOWN COUNCIL FROM: LAUREL PREVETTI, TOWN MANAGER SUBJECT: PLANNED DEVELOPMENT APPLICATION PD-15-001, MITIGATED NEGATIVE DECLARATION ND-15-001. PROJECT LOCATION: 15215 SHANNON ROAD. PROPERTY OWNER/APPLICANT: FRED SAHADI. A. CONSIDER ADOPTION OF A MITIGATED NEGATIVE DECLARATION AND ADOPTION OF A MITIGATION MONITORING AND REPORTING PROGRAM. B. CONSIDER A REQUEST FOR A PLANNED DEVELOPMENT TO REZONE A PROPERTY PRE-ZONED HR-5 TO HR-2½:PD, TO ALLOW FOR SUBDIVISION OF ONE LOT INTO FIVE LOTS, CONSTRUCTION OF FOUR NEW SINGLE-FAMILY HOMES, AND REMOVAL OF LARGE PROTECTED TREES. APN 537-25-002. REMARKS: On March 21, 2017, Town Council received a presentation from staff, a presentation from the applicant, and received public comment. The Council then closed the public hearing and continued the hearing to April 4, 2017. The applicant has provided additional information which is included as Attachment 11. Attachment 12 contains additional public comments. At the March 21 meeting, the Council asked several questions to clarify the implications of the Planned Development (PD) decision. Since the hearing, additional questions have been raised by Council Members. Below is a summary in question and answer format. Q: Is this an all or nothing decision? Why or why not? A: No. As discussed below, modifications to the development plans can be required, either PAGE 2 OF 4 SUBJECT: 15215 SHANNON ROAD/PD-15-001/ND-15-001 MARCH 30, 2017 S:\COUNCIL REPORTS\2017\04-04-17\15215 Shannon Road\Staff Report FINAL.docx 3/30/2017 1:19 PM JA REMARKS (cont’d): through a continuance with direction, or through additional provisions within the PD Ordinance contained in Attachment 7. Q: If the Town Council approves the proposed PD, what are the implications? A: Given the specificity of this PD, the implications are that the tentative map would need to be in substantial compliance with this PD. This means that there will be five lots and a new road in the general configurations shown in the development plans contained in Attachment 7, Exhibit B. Q: What are the other options available to the Town Council regarding this decision? Specifically: 1. Can the Council approve this as HR-2 ½? What would be the maximum number of lots? What are the implications? A: No, the HR-2 ½ would not meet the objectives of the proposed project. The HR-2 ½ zoning would allow up to five lots, as proposed, but the private road would not be allowed if the PD overlay was removed. Additionally, five lot proposals require approval of a PD. 2. Can the Council approve this as HR-2 ½:PD with up to five lots and let the tentative map determine the final number and placement of lots? What are the implications? A: Yes. Additional provisions could be added to the P D Ordinance contained in Attachment 7 to stipulate that the Planning Commission is the deciding body for the tentative map, at which time the number of lots and their locations could be determined. The PD Ordinance would also need to include language to allow for differences from the proposed development plans. 3. Are there any other choices? If so, what are they and what are their implications? A: Yes. The Council may include additional provisions in the PD Ordinance. For instance, one lot could be designated as open space. Q: If the Council adds a height limitation of 18 feet as one of the provisions to the proposed PD Ordinance contained in Attachment 7, is the developer still eligible for an exception at the time of Architecture and Site (A&S) application? A: No. Q: In addition to requiring the home sites to be located in the Least Restrictive Development Area (LRDA), could the Council also add a provision to the proposed PD Ordinance to limit the number of tree removals associated with a proposed home site as a mechanism for controlling house size? A: Yes. PAGE 3 OF 4 SUBJECT: 15215 SHANNON ROAD/PD-15-001/ND-15-001 MARCH 30, 2017 S:\COUNCIL REPORTS\2017\04-04-17\15215 Shannon Road\Staff Report FINAL.docx 3/30/2017 1:19 PM JA REMARKS (cont’d): Q: Can the PD Ordinance stipulate the deciding body for the A&S applications? A: Yes. Q: Should the proposed PD Ordinance explicitly identify compliance with the Hillside Development Standards and Guidelines (HDS&G)? Why or why not? A: Explicit reference to the HDS&G is not necessary, as any future project is required to comply with the HDS&G, except when the PD Ordinance or Official Development Plan specifically shows otherwise. Q: Given all of the variables associated with this application, could staff suggest a decision - making framework for Council to work through the issues? A: Yes. Staff suggests working through the following big picture issues first:  Is the proposed zone change from Pre-zone HR-5 to HR-2 ½:PD appropriate?  If the zone change is appropriate, are five lots appropriate?  If five lots are appropriate, is the access road location/configuration appropriate ?  The Council can then work through project details and potential modifications or additions to the PD Ordinance. Attachments received with March 21, 2017 Staff Report: 1. December 14, 2016 Planning Commission Staff Report (with Exhibits 2 -10, Exhibit 1 was previously distributed under separate cover on August 19, 2016) 2. December 14, 2016 Planning Commission Desk Item Report (with Exhibit 11 -12) 3. December 14, 2016 Planning Commission Verbatim Minutes (94 pages) 4. Letter from the Applicant, received February 21, 2017 (16 pages) 5. Public Comments received 11:01 a.m. Wednesday, December 14, 2016 to 11:00 a.m. Thursday, March 16, 2017 6. Required Findings 7. Draft Planned Development Ordinance (31 pages) with Exhibit A Rezone Area (one page) and Exhibit B Development Plans (22 pages) Attachments received with March 21, 2017 Desk Item: 8. Project Information Sheet, prepared by the Parks and Public Works Department 9. Modified Required Findings 10. Public Comments received 11:01 a.m. Thursday, March 16, 2017 to 11:00 a.m. Tuesday, March 21, 2017 Attachments received with this Staff Report: 11. Applicant’s response, received March 30, 2017 12. Public Comments received 11:01 a.m. Tuesday, March 21, 2017 to 11:00 a.m. Thursday, March 30, 2017 PAGE 4 OF 4 SUBJECT: 15215 SHANNON ROAD/PD-15-001/ND-15-001 MARCH 30, 2017 S:\COUNCIL REPORTS\2017\04-04-17\15215 Shannon Road\Staff Report FINAL.docx 3/30/2017 1:19 PM JA Distribution: Fred Sahadi, 800 Pollard Rd, C36, Los Gatos, CA 95032 HMH Engineers, 1570 Oakland Road, San Jose, CA 95131