Item 06 - 15215 Shannon Rd - Staff Report & Exhibits 1-4TOWN OF LOS GATOS ITEM NO: 6
PLANNING COMMISSION STAFF REPORT
Meeting Date: December 14, 2016
PREPARED BY: Jennifer Armer, Associate Planner
ja rm e r@ lo s gato s ca.gov
APPLICATION NO: Planned Development Application PD-15-001
Mitigated Negative Declaration ND-15-001
LOCATION: 15215 Shannon Road (north ofShannon Road between
Shannon Heights Road and Sky Lane)
APPLICANT/
PROPERTY OWNER: Fred Sahadi
APPLICATION SUMMARY: Requesting approval of a Planned Development to rezone a
property pre-zoned HR-5 to HR-2 12 :PD, s ubdi vide o ne lot into
five lots, construct four new single-family homes , and remove
large protected trees. APN 537-25-002.
RECOMMENDATION: Forward a recommendation to Town Co uncil for approval of the
Planned Development app li cation.
PROJECT DATA:
North
East
South
West
CEQA:
General Plan Designation:
Zoning Designation:
Hillside Residential
Pre-zoned HR-5 -Hillside
Residential, five to 40 acres for
each dwelling unit
Applicable Plans & Standards: General Plan; Hillside
Development Standards and
Guideline s ; Hillside Specific
Plan
Parcel Size: 13.1 acres
Surrounding Area:
Existing Land Use General Plan Zonin g
Undeveloped Hillside Residential HR-2 12
Single Fami ly Agriculture RC
Undeveloped & Agriculture & RC&
Single Family Hillside Residential HR-2 12
Single Fami ly Hill side Residential HR-2 12
It has been determined that this project will not have a significant
impact on the environment and a Mitigated Negative Declaration
has been prepared and is recommended.
Planning Commission StaffReport-Page 2
15215 Shannon Road/PD-15-001
December 14, 2016
FINDINGS:
ACTION:
EXHIBITS:
BACKGROUND :
• That the Zone Change (Planned Development) is consistent
with the General Plan.
• That the project is consistent with the Hillside Development
Standards and Guidelines.
• That the project is in compliance with Hillside Specific Plan.
• That the project is consistent with the Town 's Housing
Element and addresses the Town's housing needs as
identified in the Housing Element.
• Forward a recommendation regarding the Mitigated Negative
Declaration to the Town Council.
• Forward a recommendation regarding Planned Development
Application PD-15-00 1 to the Town Council.
Previously received under separate cover:
1. Mitigated Negative Declaration
Received with this Staff Report:
2. Location Map
3. Required Findings
4 . December 10,2014, Conceptual Development Advisory
Committee meeting minutes
5. Project Description and Letter of Justification (21 page)
received November 5, 2016
6. Arborist Consultant Report (49 pages), received June 15 ,
2015
7. Public Comments and Responses Regarding the Draft
Mitigated Negative Declaration (fi ve pages)
8. Mitigation Monitoring and Reporting Program (13 pages)
9. Public Comment (six pages)
10. Planned Development Ordinance (31 pages) with Exhibit A
Rezone Area (one page) and Exhibit 8 Development Plans
(22 pages)
The subject 13 acre property is located in unincorporated Santa Clara County, but i s within the
Town's urban service boundary and adjacent to incorporated Town lands on three sides . The site
is north of Shannon Road, southeast of Shady Lane, and west of Sky Lane. Site acces s is
currently taken from Shannon Road on a paved private roadway easement over the private
property to the south.
Existing site improvements include two residences (the main home and a detached cottage), a
detached accessory structure adjacent to the single-family home, 11 unconditioned structures
(sheds, bam, stables, breaking ring), a swimming pool , tennis court, and arena. A site plan
Planning Commission Staff Report -Page 3
15215 Shannon Road/PD-15-001
December 14, 2016
showing the existing structures is included as Sheet 2.0 of Development Plans within Exhibit 10.
All buildings are single-story. The site also includes a paved parking area, paved paths and
driveway, and various unpaved service roads and landscaped areas . The site also includes 169
protected trees.
The applicant presented a development proposal for the subject site to the Conceptual
Development Advisory Committee (CDAC) on December 10, 2014. Summary minutes of the
CDAC meeting are attached (see Exhibit 4). As requested by the CDAC, staff confirmed that a
Planned Development (PD) zone is required for subdivisions within the Hillside Residential zo ne
with five or more building sites.
A Mitigated Negative Declaration (Exhibit 1) and Mitigation Monitoring and Reporting Program
(Exhibit 8) have been prepared for the project.
Future required approvals would include Annexation, Subdivision (including installation of
roadway improvements and recordation of easements), and Architecture and Site for each new
building site.
PROJECT DESCRIPTION:
A. Project Summary
The applicant is proposing a PO to rezone the subject site from Pre-zone HR-5 to HR-2
1/2:PD, to allow the subdivision of one lot into five lots , installation of a new private
roadway, construction of four new single-family homes, and removal of large protected
trees.
The proposed PD would allow the site to be subdivided into five lots with an easement for
a private street. The subject site is approximately 13 acres, and the proposed lots would
each be 2.59 acres. The proposed project would include the construction of a private street
to access the new lots from Shady Lane/Santella Drive. Construction of the private street
would include cut and fill up to six feet in height/depth. Individual building plans and site
improvements would be submitted as part of future Architecture and Site applications.
Proposed plans for the PD application are included within Exhibit B of Exhibit 10 to this
Staff Report.
B. Planned Development Application
The application is a request for a PO overlay. Section 29.40.255 of the Town Code
requires that, "any subdivision into five (5) or more residential building sites shall require
the approval of a planned development" when within the Hillside Residential Zone.
Planning Commission Staff Report -Page 4
15215 Shannon Road/PD-15-00 I
December 14 , 2016
The Hillside Development Standards and Guidelines (HDS&G), page 56, state that:
The purpose of the PD overlay zone, as it relates to hillside areas, is to encourage the
appropriate location of residential units in the least restrictive development areas of
the site. The intent is to sign~ficantly reduce the amount of grading, roads, and other
alterations to the existing environment, to minimize the visual impact of the
development, and to retain the maximum amount of continuous open space in its
natural state.
Town Code states that the purpose of a PO is to provide for alternative uses and
developments that are more consistent with site characteristics, to create an optimum
quantity and use of open space, and to encourage good design . The Planning Commission
shall make a recommendation for the PD application to the Town Council, who will be the
final deciding body. If adopted by the Town Council, the proposed PD ordinance (Exhibit
1 0) would allow the Development Review Committee to approve the Subdivision and
Architecture and Site applications for the new residences if they are less than 5,000 square
feet.
C . Location and Surrounding Neighborhood
The subject 13 acre site is located in unincorporated Santa Clara County, but is within the
Town 's urban service boundary and adjacent to incorporated Town lands on three sides.
The site is north of Shannon Road , southeast of Shady Lane, and west of Sky Lane. Site
access is currently taken from Shannon Road on a paved private roadway easement over
the private property to the south (which is proposed to remain as a secondary access).
Proposed access would be via a private easement extension of the existing Shady
Lane/Santella Drive roadway. There are single-family residential uses to the east, south,
and west, with future residential development currently proposed to the north. There are
also open space/undeveloped lands to the north and south.
D. Zoning Compliance
The proposed base zoning designation of HR 2 Y2 permits single-family homes, and is
consistent with the zoning of the adjacent properties. Town Code requires a PO overlay for
subdivisions with five or more building sites in the Hillside Residential zone as stated
above.
ANALYSIS:
A. Conceptual Development Advisory Committee
The CDAC reviewed a preliminary proposal on December 10,2014. The proposal
consisted of a similar five-lot subdivision. The CDAC provided comments on the proposal
(Exhibit 4). The applicant discusses the changes made to the project to address the CDAC
comments in the Project Description and Letter of Justification letter included as Exhibit 5.
Planning Commiss ion Staff Report-Page 5
15215 Shannon Road/PD-15-00 1
December 14 , 2016
B. Planned Development
The applicant is proposing to rezone the properties from Pre-zone HR-5 to HR-2 Y2:PD .
The HR-2 Y2 z oning is consistent with adjacent properties, all of which are either z oned RC
o r HR-2 Y2 .
Through the PO application, the applicant is proposing to establish the regulations and
development plan under which they would be allowed to:
• Subdivide one lot into five lots through a future Subdivision application ;
• Estab li sh an easement for a private street ;
• C onstruct four new single-family homes through future Architecture and Site
applications; and
• Construct associated site improvements.
The current proposal complies with all provisions of the HR-2 Y2 zone and HDS&G , except
for the items listed below , which are proposed to be allowed through the PO zone :
For the private roadway:
• Depths of cut and fill up to six feet.
• Construction outside the LRDA.
• Roadway grades up to 20 percent, but for no distance more than 300 feet.
• Retaining walls up to six feet, but for no length greater than 50 feet.
• No s idewalks on the private street as would otherwise be required by the Town's
Engineering Standards.
For the future single-family homes & driveways:
• Depths of cut and fill for future driveways.
• Consideration of up to 25 feet height for homes on the ridgeline through future
Architecture and Site applications.
The applicant has provided justification for the requested exceptions listed above in Exhibit 5.
The PO application incorporates the zone change, subdivision, and single-family residential
development. The PO Ordinance defines the maximum allowable development, including
the maximum floor area and building height. Annexation, Subdivision, and Architecture
and Site app li cations would be required to implement the proposed project ifthe PO is
approved.
C . Lot & Building Size
The applicant is proposing five equal s ized lots , 2.59 acres each , with single-family homes
that would be allowed subject to future Architecture and Site applications. A slope density
analysis, on Sheet 3.0 of the Development Plans within Exhibit B of Exhibit 10, shows that
up to five residences could be allowed on the project site based on the existing lot size and
s lope. A calculation of maximum allowed floor area is a lso included on Sheet 3.0 of the
Planning Commission Staff Report -Page 6
I 5215 Shannon Road/PD-I 5-00 I
December 14 , 20I6
Development Plans within Exhibit B of Exhibit l 0, s howing that each site would have a
maximum allowed floor area of 6,000 square feet , although review of other site constraints
may restrict floor area further.
D. Cuts, Fills, and Grading
The project is subject to the HDS&G. The applicant is proposing cut and fill depths greater
than those permitted by the HDS&G:
Cut and Fill Requirements
Site Element Maximum Cut Maximum Fill
House and attached garage 8 '** 3 '
Driveways* 4' 3 '
Other (decks, yards)* 4' 3 '
*Combined depths of cut plus fill for development other than the main residence shall
be limited to 6 feet.
**Excludes cellars.
Grading proposed for the private roadway includes locations of cut and fill up to six feet in
depth. Details of the proposed grading (including site sections, illustrations of the locations
of the proposed cuts and fills , and conceptual future driveway details) are included as
Sheets 9.0-I 2.0 of Development Plans within Exhibit I 0. The applicant states in their
justification l etter (Exhibit 5) that analysis was done of multiple options for site access, and
the proposed option provides an appropriate configuration with the least amount of
disturbance to existing site grade, natural drainage, trees, and adjacent properties.
E. Height and Visibility
In order to show that the project includes building sites that are buildable without significant
exceptions to the HDS&G, the applicant has provided a visibility analysis based on the most
likely building sites. This analysis is included as Sheets 7.0-8.0 of the Development Plans
within Exhibit B of Exhibit I 0. The applicant is requesting that the PO specifically allow for
consideration of up to a 25-foot height for future homes, despite their likely lo cation along
the ridge lines, as described in their Justification Letter within Exhibit 5.
The HDS&G, page 36, state that:
Ridgeline and visible homes shall not extend more than 18.feet above the existing
grade.
Planning Commission Staff Report -Page 7
15215 Shannon Road/PD-15-001
December 14 , 2016
F. Trees
The project was reviewed by the Town's Consulting Arborist (Exhibit 6). A site plan based on
the Town's Consulting Arborist's report is included as Sheet 6.0 of the Development Plans
within Exhibit 1 0. The site includes 169 protected trees. The proposed roadway and associated
site improvements would result in the removal of 16 protected trees (one English holly, 15 coast
live oaks), five of which are large protected trees. The condition of these trees proposed to be
removed range from poor to good. Additional trees will likely need to be removed with future
Architecture and Site applications for the new single-family homes. Additional tree removals
will be evaluated when Architecture and Site applications are submitted.
G . Annexation
An application for annexation would be required prior to approval of a Subdivision
application.
H. General Plan
The project site is within the Hillside Residential (0-1 dwelling units per net acre) General
Plan land use designation which provides for very low density, rural, large lot or cluster,
single-family residential development. This designation allows for development that is
compatible with the unique mountainous terrain and vegetation of parts of Los Gatos. The
proposed project is consistent with this designation as the lot sizes and density of future
development would meet the standards of the HR-2 Y2 zone.
The goals and policies of the 2020 General Plan applicable to this project include, but are
not limited to:
• Goal CD-1 -Preserve and enhance Los Gatos's character through exceptional
community design .
• Policy HOU-2.4 -Demonstrate that all new residential development is sufficiently
served by public services and facilities , including pedestrian and vehicular circulation ,
water and wastewater services, police, fire , schools, and parks .
• Policy HOU-2.5 -New single-family, multi-family and mixed use development shall
be compatible with the character of the surrounding neighborhood.
• Goal HOU-8-Encourage residential construction that promotes green building and
energy conservation practices.
• Policy HOU-8.1 -All approvals of residential developments of three or more units shall
include a finding that the proposed development is consistent with the Town 's Housing
Element and addresses the Town's housing needs as identified in the Housing Element.
• Policy LU-1.3 -To preserve existing trees, natural vegetation, natural topography,
riparian corridors and wildlife habitats, and promote high quality, well designed,
environmentally sensitive, and diverse landscaping in new and existing developments.
• Goal LU-4 -To provide for well-planned, careful growth that reflects the Town's
existing character and infrastructure.
• Policy LU-4.2 -Allow development only with adequate physical infrastructure.
Planning Commission Staff Report -Page 8
15215 Shannon Road/PD-15-00 1
December 14 ,2016
• Goal LU-5 -To encourage public involvement in Town planning processes.
• Policy LU-6.7 -Continue to encourage a variety ofhousing types and sizes that is
balanced throughout the Town and within neighborhoods, and that is also compatible
with the character of the surrounding neighborhood .
• Goal LU-6 -To preserve and enhance the existing character and sense of place in
residential neighborhoods .
• Policy LU-6.5 -The type, density, and intensity of new land use shall be consistent
with that of the immediate neighborhood.
• Policy LU-6.8 -New construction shall be compatible and blend with the existing
neighborhood.
I. Environmental Review
An Initial Study and Mitigated Negative Declaration (MND) (Exhibit I) have been prepared
for the project by the Town's Environmental Consultant, Kimley-Horn and Associates
(available online at www .losgato sca. gov/ 15215Shannon). The 20-day public review period
began on August 19,2016 and ended on September 8, 2016. Mitigation measures are
required for Air Quality, Biological Resources, Cultural Resources , Geology and Soils,
Hazardous Materials, Noise, and Traffic. The Mitigation Monitoring and Reporting Program
is provided along with the response to comments within Exhibits 7 and 8. Mitigation measures
have been incorporated into the performance standards within the PD Ordinance (Exhibit I 0).
PUBLIC COMMENTS:
Written notice was sent to property owners and tenants of the 30 properties closest to the
property. Written comments have been received regarding the proposed project (see Exhibit 9).
SUMMARY AND RECOMMENDATION:
A. Summary
The project would allow the subdivision of the 13 acre site into five lots to allow four
additional residences. This proposal complies with the General Plan designation. Because
the proposal includes five or more parcels a PD zone is required per Town Code 29.40.255.
The applicant is requesting an underlying zoning designation of HR-2 Y2 to match the
adjacent Hillside Residential zoned properties. Through the required PD the applicant is
asking to allow exceptions in the following areas:
• Exceeding maximum depths of cut and fill ;
• Construction outside the LRDA;
• Roadway grades up to 20percent but for no distance more than 300 feet;
• Retaining walls up to six feet, but for no length greater than 50 feet;
• No sidewalks on the private street as would be required by the Town's Engineering
Standards; and
• Consideration of up to 25 feet height for homes on the ridgeline through future
Architecture and Site applications.
Planning Commission Staff Report -Page 9
15215 Shannon Road/PD-15-001
December 14 ,2016
With the exception of the items listed above, the project complies with Town Code, the
HDS&G, and the General Plan. The applicant has provided justification for the propos ed
exceptions in Exhibit 5 . A draft PD Ordinance has been prepared with performance
standards to require the project to adhere with the aforementioned requirements (Exhibit
I 0).
B . Recommendation
Based on the summary above, staff recommends the Commission take the following
actions to forward the Mitigated Negative Declaration and Planned Development
application to the Town Council with a recommendation for approval :
I. Make the required findings (see Exhibit 3);
2. Recommend that the Town Council adopt the Mitigated Negative Declaration and
Mitigation Monitoring and Reporting Program (Exhibits 1 and 8); and
3. Recommend that the Town Council adopt the Planned Development Ordinance
(Exhibit 1 0) and approve the project as proposed.
ALTERNATIVES:
Alternatively, if the Planning Commission has concerns with the project, it can:
1. Forward a recommendation of denial of the Planned Development Application to the
Town Council ; or
2. Forward a recommendation for approval of the Planned Development Appl ication with
modified performance standards to the Town Council; or
3 . Continue the matter to a date certain with specific direction.
Prepared by:
(_!Jennifer Armer, AICP
'\1l v As sociate Planner
JP:JA:cg
pproved by:
Joel Paulson, AICP
Community Development Director
cc: Fred Sahadi , 800 Pollard Rd , C36 , Los Gatos, CA 95032
HMH Engineers, 1570 Oakland Road, San Jose, CA 95131
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15215 Shannon Road
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0 0.125 0 .25
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PLANNING COMMISSION-December 14, 2016
REQUIRED FINDINGS FOR:
15215 Shannon Road
Planned Development Application PD-15-001
Mitigated Negative Declaration ND-15-001
Requesting approval of a Planned Development to rezone a property pre-zoned HR-5
to HR -21fz :PD, subdivide one lot into five lots, construct four new single-family
homes, and remove large protected trees. APN 537-25-002.
PROPERTY OWNER/ APPLICANT: Fred Sahadi
FINDINGS:
CEQA :
• An Initial Study and Mitigated Negative Declaration were completed for the proposed
development. The Planning Commission recommends adoption of the Mitigated Negative
Declaration and Mitigation Monitoring and Reporting Program.
Required consistency with the Town's General Plan:
• That the proposed Zone Change is consistent with the General Plan and its Elements in that
the Planned Development overlay allows residential use consistent with the property's
zoning district.
Required compliance with Hillside Development Standards & Guidelines:
• The project is in compliance with the Hillside Development Standards and Guidelines with
the exception of cut and fill depths for future driveways, and cut and fill depths, retaining
wall height, and slope for the access roadway which have been determined to be
acceptable.
Compliance with Hillside Specific Plan:
• The project is in compliance with the Hillside Specific Plan in that the proposal is the
development of the lot for five a single family residences with associated site elements on
an existing parcel. The proposal is consistent with the development criteria included in the
plan .
Required consistency with Town's Housing Element:
• The project is consistent with the Town 's Housing Element and addresses the Town's
hou sing needs as identified in the Housing Element.
EXHIBIT 3
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TOWN OF LOS GATOS
110 East Main Street, Los Gatos, CA 95032 (408) 354-6874
SUMMARY OF DISCUSSION OF A REGULAR MEETING OF THE CONCEPTUAL
DEVELOPMENT ADVISORY COMMIT TEE OF THE TOWN OF LOS GATOS FOR
WEDNE SDAY, DEC E MBER 10, 2014 , HELD IN THE TOWN COUNCIL CHAMBERS , CIVIC
CENTER, I I 0 EAST MAIN STREET, LOS GATOS, CALIFORNIA .
The meeting was called to order at 4:30P.M .
AT TENDANCE
Members Present: Marcia Jensen, Barbara Spector, Margaret Smith, Joanne Talesfore
Absences: Kendra Burch
Staff Present: Laurel Prevetti, Assistant Town Manager/Community Development
Director
Applicant:
Joel Paulson, Planning Manager
Erwin Ordonez, Acting Planning Manager
Jennifer Savage, Senior Planner
Ray Hashimoto, Land Development Manager-HMH
David Wilson, Engineer -HMH
Fred Sahadi, Property Owner
ITEM l : 15215 Shannon Road
Conceptual Development Advisory Committee CD-14 -002
Requesting review of conceptual plans to rezone the property from HR-5 to HR-S :PD
and to subdivide one lot into five lots. APN 537-25-002 .
PROPERTY OWNER/APPLICANT: Fred N . Sahadi
PROJECT PLANNER : Jennifer Savage
Comments:
• Clarify if the proposed road is a cul-de-s ac, through-road, or shared driveway .
• Clarify the size of fire truck that the proposed cul-de-sac bulb would accommodate .
• Clarify if the proposed road would be maintained by a Homeowner's Associati on or the
Town.
• Confirm tha t mos t of the access road and portions of the driv eways are located outside of the
least restrictive development area (LRDA).
• Clarify if individual parcels would have easements .
• C larify if the propos al meets density requirements .
• C larify is Town codes, regulations , and/or guidelines permit the roadways to be built outside
the LRDA .
• C larify if the exi s ting ro adway (from Shannon R o ad) is outs id e of th e LRDA.
EXIDBIT 4
Conceptual Development Advisory Committee
December 10, 2014
Page 2 ·
•
•
•
•
•
•
•
•
Clarify if homeowners would be allowed access without a gate to the secondary access
roadway (from Shannon Road).
A void mistakes the Highlands development made .
Questionable if five parcels would be acceptable .
Five parcel s would be the maximum for this site .
Concerned about retaining walls, specifically the height, length , and impact on wildlife .
Concerned about the roadway and driveways outside ofLRDA.
Concerned about the appearance of the retaining walls .
Clarify if there would be walking and biking access for the residents .
• The proposal looks like it could work.
• The Planning Commission (PC) would look strictly at Hillside Development Standards and
Guidelines (HDSG).
• PC would not support too many exceptions .
• Carefully consider impacts to ridgelines.
• Consider the rare blue oaks and avoid development impacts to the blue oaks.
• The property is beautiful.
• The flatness of the property may be good tor development.
• The project will be reviewed very carefully against the HDSG.
• The deciding bodies would rely on staff input.
• The deciding bodies would look at grading, visibility, LRDA , number oflots, and retaining
walls.
• The project may accommodate five lots, may accommodate four lots.
• More open to the proposed number of lots on this devel opment as opposed to other
dev elopments.
• The Town is reviewing the Planned Development (PD) Ordinance and the original intent.
• Concerned about a PD.
• Considering the trees and views a PD may be appropriate in thi s case.
• Concerned about visibility from viewing platforms.
• The proposal appears to try to preserve trees.
• Would like to see accurate grading information.
• Appreciate the existing flat pads and locating the development there.
• Clarify if the proposed roadway being located outside of the LRDA is the best
configuration/location for a roadway.
• When an application is submitted, provide background information and justification for
proposed roadway.
• The proposal may work but consider issues raised by the Conceptual Development Advisory
Committee.
• Each home should come through the Architecture and Site application process individually.
Conceptual Development Advisory Committee
December 1 0, 2014
Page 3
ADJOURNMENT Meeting adjourned at 5:20p.m. The next regular meeting of the
Conceptual Development Advisory Committee is Wednesday, January 14.
2015 . This meeting has been cancelled, and the February meeting is
scheduled for Wednesday, February 11 , 2015 .
Prepared by:
oel Paulso n, Planning Manager
/cc: Planning Commission Chair
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