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
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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.
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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
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Distribution:
Fred Sahadi, 800 Pollard Rd, C36, Los Gatos, CA 95032
HMH Engineers, 1570 Oakland Road, San Jose, CA 95131