Item 3 - Twin OaksTo:
From:
Subject:
Date:
Overview
GPC 10 /28/15
ITEM3
MEMORANDUM
COMMUNITY DEVELOPMENT DEPARTMENT
General Plan Committee
Laurel R. Prevetti, Town Manager/Community Development Directo ~ ~
Twin Oaks : General Plan Amendment (GP-12-001) from Agriculture to Hillside
Residential.
October 21 ,2015
The Twin Oaks (Surrey Farms) application has been considered by the General Plan Committee
(GPC) twice (September 12 , 2012, and October 22 , 2014). The minutes from those meetings are
included in Exhibit 3. The GPC requested that the item return to them once the Draft Environmental
Impact Report (DEIR) was completed. The DEIR was completed in August and a copy of the
document was provided to each GPC member on August 26, 2015. The public comment period for
the DEIR ended on October 9 , 2015 and staff is working to compile and address the comments
received .
The scope of the GPC's review in regards to the applicant's proposal is limited to providing
comments on the proposed General Plan amendment from Agriculture to Hillside Residential on the
existing 17.55-acre parcel. The role of the GPC is to assist the Planning Commission and the Town
Council on matters relating to the General Plan or any specific plans (Exhibit 4). As legislative items,
the Town Council is the deciding body for the General Plan amendment and rezoning.
Background
The Surrey Farms neighborhood was created and developed in the late fifties and early sixties, and is
predominantly zoned R-1: 10. The project site was placed under the Williamson Act in 1975 at which
time the property was rezoned from R-1 :20 to RC (Resource Conservation).
The project applicant is requesting approval of the following:
• General Plan amendment from Agriculture to Hillside Residential (0-1 dwelling
unit/acre)
• Rezoning from RC (Resource Conservation) to HR-1 :PD (Hillside Residential , 1
unit/acre)
General Plan Committee
Twin Oaks PD/October 28, 2015
Page 2 of4
• Cancellation of a Williamson Act Contract (a notice of non-renewal was issued to the
Town by the property owner on April 28, 2015)
Approval of this General Plan amendment and rezoning would allow the project applicant to
subdivide a vacant 17.55-acre property into 10 lots for future development of single-family
residences. Each lot would be a minimum of 40,000 square feet and the southeast corner of the site
(3.22 acres) would be designated as open space. While the project as proposed would be solely
accessed from Twin Oaks, an alternative site layout is being analyzed where four of the ten lots
would be accessed from Cerro Vista Court. Planning Commission and Town Council hearing dates
have not been determined yet; however, the applications are expected to be complete in 2015.
Comments
The following is a brief list of issues and topics for consideration by the GPC. Staff has not reached
conclusions on these topics , and provides them to help frame the discussion and to solicit input. The
main question for the GPC is whether or not the applicant's request to change the General Plan
designation is consistent with the General Plan .
1. The existing General Plan is Agriculture due to the existing Williamson Act contract between the
property owner and the Town of Los Gatos. The proposed project would require cancellation of
the contract. It should be noted that the property does not currently conform to Williamson Act
requirements because the property is less than 40 acres and the property is not being used for
active agriculture or grazing land.
2. The applicant is proposing a General Plan Amendment from Agriculture to Hillside Residential.
The property is contiguous to Low Density Residential and Hillside Residential land use
designations.
General Plan Goals, Policies, and Land Use Designations
Applicable General Plan goals and policies that will be used to evaluate the proposed General Plan
amendment, rezoning, and any other development applications on this site include but are not limited
to:
• LU 6.5 The type, density, and intensity of new land use shall be consistent with that of the
immediate neighborhood.
• CD-14.1 Minimize development and preserve and enhance the rural atmosphere and natural
plant and wildlife habitats in the hillsides.
• CD-14.2 Limit hillside development to that which can be safely accommodated by the Town's
rural two-lane roads.
• CD-14.3 Effective visible mass shall be reduced through such means as stepping structures up
and down the hillside, following topographic contours, and limiting the height and
mass of wall planes. A maximum of two stories shall be visible from every
elevation.
General Plan Committee
Twin Oaks PD/October 28 , 2015
Page 3 of4
• CD-15.3 New construction shall be designed to follow natural land contours and avoid mass
grading. When possible, flat pads should be avoided and houses should be designed
to conform to or step down the contours rather than be designed for flat pads .
Grading large , flat yard areas should be avoided.
• CD-15 .5 Review all development proposals to ensure appropriate grading and landscaping and
minimal disruption of existing native pl ans and wildlife habitats .
• CD-16.3 New structures or remodels shall be designed to respect views from surrounding
properties while allowing all affected properties reasonable access to views.
• TRA-9.4 Encourage private entities to develop and maintain transit, pedestrian, equestrian, and
bicycle facilities.
• TRA-11.3 Trails should be:
a. Located as not to impact existing homes wherever possible.
b. Located within the open space areas of subdivisions that have dedicated open
space as a condition of subdivision approval.
c. "Cross-country" type, as opposed to trails bordering roads, wherever possible.
d. Located on the first property to develop, if a trail location is adaptable to either of
two adjacent properties.
• OPS-2.3 In all hillside subdivisions, the dedication of open space in fee or as an easement
shall be required to protect unique natural features, habitats, and migration corridors,
and to preserve the rural atmosphere.
• OSP-3.2 Improve connections between existing on-street bicycle lanes, multi-use trails, and
open space.
The applicable land use designations are described below.
Agriculture: The agriculture designation identifies areas for commercial agricultural crop
protection.
Hillside Residential: [0-1 dwelling unit per net acre (up to 3.5 persons per acre)] The Hillside
Residential designation 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.
Conceptual Development Advisory Committee (CDAC)
The applicant's proposed project was considered by the CDAC on September 8, 2010. Comments
from the CDAC are included in Exhibit 2.
Conclusion
The Committee should consider the existing and the proposed General Plan designations and make a
recommendation to the Planning Commission on whether the proposed General Plan Amendment
from Agriculture to Hillside Residential is consistent with the Town's General Plan.
General Plan Committee
Twin Oaks PD/October 28, 2015
Page 4 of4
Exhibits:
1. Location maps (showing existing Zoning and General Plan designations)
2. CDAC Minutes, September 8, 2010 (two pages)
3. GPC Minutes, September 12, 2012 and October 22 , 2014
4. Resolution defining the role of the General Plan Committee
5. Letter from applicant (one page)
6. Site plans (three pages)
cc: Tom Dodge, 851 S. McGlincy Lane, Campbell CA 95008
N:\DEV\GPC Yiwin Oaks I'D·3.doc
( 0
(
Twin Oaks Drive
Existing Zoning Designations
EXHIBIT 1
Twin Oaks Drive
Existing General Plan Designations
,j
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 COMMITTEE OF THE TOWN OF LOS GATOS FOR
WEDNESDAY, SEPTEMBER 8, 2010, HELD IN THE LOS GATOS ADULT RECREATION
CENTER, ROOM 208, 208 E. MAIN STREET, LOS GATOS, CALIFORNIA.
The meeting was called to order at 4:30p.m.
ATTENDANCE
Members Present: Diane McNutt, Steve Rice, Charles Erekson, Marico Sayoc, Joanne Talesfore
Absences: None
Staff Present: Suzanne Davis, Senior Planner
ITEM 1 : Twin Oaks Drive
Conceptual Development Review CD -I 0-004
Requesting preliminary review of a plan to rezone a property zoned RC to HR: 1 :PD, with
a General Plan amendment from Agriculture to Hillside Residential and subdivide into
10 minimum 40,000 square foot lots. APN: 532 -1 6-006.
PROPERTY OWNER/ APPLICANT: Tom Dodge
PROJECT PLANNER: Marni Moseley
Tom, Larry , Jeff & Linda Dodge and Rodger Griffin were present for this item
Tom Dodge commented that the property is zoned RC due to the Williamson Act contract. The
Dodge family purchased the property in the 1950s. When Brooke Acres went in, the road was
constructed up to the southern property line. Sewer is already installed. Proposing a 1 0-lot
subdivision. There are some native black oaks on the site.
Rodger Griffin commented that a trail extension is proposed from Twin Oaks and that only lot 7
can be seen from off the site. Lots on the steeper hillside are larger.
Comments:
• Concerned about the removal of large oak and English Walnut and prefer a plan that
would not require these trees to be taken out.
• Clustering development at the bottom of the hill is desirable
• Off-site BMP unit is acceptable
• Architecture of new homes will be important
• Rural chara cter should be retained
EXHIBIT 2
CDACAgenda
September 8, 2010
Page 2
• Not all of the new homes should be two-stories
• Neighborhood meetings early in the process strongly recommended
• Conceptually an infill development makes sense
• HR -1 zoning provides an appropriate buffer between R -1: 1 0 and larger hillside lots
• Actual number of lots will be determined by the grading volumes
• Access points to Twin Oaks and Brook Acres appropriate
• Opportunity to develop the property in a way that will flow with the surrounding
neighborhoods
• Be aware of existing architecture and how the new development will fit in with it (mass
and scale more important that the specific architectural style)
• Design of new homes should be sympathetic to the site and area
• Lots 6 and 7 present the biggest challenge (slope, geotechnical , visibility)
• Development could be clustered or set on larger parcels
• Project has the potential to fit in and be in harmony with the surrounding area
• Concerned about visibility ofhome site on lot 7
• Two access points desirable for emergency purposes
• Preserve the existing historic wall
ADJOURNMENT Meeting adjourned at 5:10p.m. The next regular meeting of the
Conceptual Development Advisory Committee is Wednesday, October 13,
2010.
Prepared by :
Suzanne Davis, AICP
Senior Planner
cc: Planning Commission Chair
N:\DEV\C DAC\M INUTES\20 I 0\9-8 -1 Oc dacmin .doc
TOWN OF LOS GATOS
110 East Main Street, Los Gatos, CA 95030 (408) 354-6872
SUMMARY MINUTES OF A REGULAR MEETING OF THE GENERAL PLAN
COMMITTEE OF THE TOWN OF LOS GATOS ON SEPTEMBER 12, 2012, HELD AT THE
LOS GATOS ADULT RECREATION CENTER, 208 E. MAIN STREET, ROOM 208 , LOS
GATOS, CALIFORNIA.
The meeting was called to order at 5:33p.m. by John Bourgeois.
ATTENDANCE:
Members present : Barbara Spector, Joe Pirzynski, John Bourgeois, Marico Sayoc, Marcia
Jensen, Todd Jarvis
Members absent: Matthew Hudes, Barbara Cardillo
Staff present: Sandy Baily, Acting Assistant Community Development Director; Joel Paulson ,
Acting Principal Planner; Marni Moseley, Associate Planner; Judith Propp , Town Attorney
ITEM1 TWIN OAKS DRIVE
In response to Committee questipns, Town Attorney Judith Propp summarized the notification
process and provided an overview of the Williamson Act and the cancellation process.
Staff briefly discussed the env ironmental review process in conjunction with the General Plan
Committee's (GPC) recommendation .
The Committee members discussed the possibility of continuing the item and decided to proceed
with accepting public and committee input.
Marico Sayoc commented that she wou ld like to see the required findings for the Planning
Commission (PC) and the Town Council (TC) for the subject application.
Jill Fordyce commented that she is co nc erned that th e proposed project would alte r the
neighborhood , and that the General Plan designation should remain. Also commented her
understanding is that the Williamson Act contract cancellation can only occur in an extreme
emergency.
Mark Weiner commented that the project does not comply with the intent of the Hillside portion
of the General Plan.
Scott Fraiser commented that the neighborhood consists of cui-de-sacs and that when people
bought into the neighborhood the "finger" of the subject site was not apparent.
EXHIBIT 3
General Plan Committee Mmutes
September 12 , 2012
Page 2 of3
Hal Riley commented that multiple access points to the property are a major objection as well as
the increase in traffic and loss of open space.
Robert Steinbock commented th at there was never an intent for another road to go through there
and that there are infrastructure issues, and wildlife and creek impacts.
Tom Dodge (App licant) noted that the story poles were installed early in the process to assist the
environmental consultant regarding visua l analysis ofthe DEIR, and the site was graded in 1955.
Committee Comments/Discussion:
Marico Sayoc commented that the Environmental Impact Report (EIR) is the vehicle for these
types of comments and that it would be helpful to share this information with the neighborhood
during the process, and encouraged the members of the public to get on the notification list.
Marcia Jensen moved to continue the item to a date uncertain with the request to review the
Draft EIR.
Barbara Spector requested information regarding the criteria for the cancellation of a
Williamson Act contract, General Plan Amendment and Zone Change, and the required findings
for the proposed project.
Todd Jarvis requested information regarding the background on the last two Hillside Planned
Developments that were approved , as well as the background on the last time the Town canc elled
a Williamson Act contract.
Joe Pirzynski noted that due to the complexity of the application, the direction of the GPC is not
the normal process and seconded the motion with the request that the next meeting be held in a
larger room in order to better accommodate the neighbors.
Motion passed 6-0 .
ITEM2 ZONING CODE AMENDMENT
Marico Sayoc and Barbara Spector recused themselves from the item and left the meeting
because they live within 500 feet of the applicant 's site.
Marni Moseley summari zed the proposed amendment and briefly discu ssed the properties .
The applicant's representative presented the request.
Marcia Jen sen moved to recommend approval of the amendment to allow office and personal
service uses in the rear two sui te s at 114 Royce Street to the Town Council.
General Plan Committee Ivunutes
September 12 , 2012
Page 3 of3
Joe Pirzynski commented that the site is very constrained and the way the north side of the
building abuts the parking lot cannot be fixed to make it more attractive for a retail use. He
would be inclined to support the motion in that this does not impact the intent of the regulations.
Marcia Jensen requested that staff get in touch with the property owners of 106 Royce Street and
301 University Avenue (two other sites suggested by staff) to see if information could be
provided to support inclusion of the properties in the application.
Todd Jarvis seconded the motion.
The motion passed 4-0 .
ITEM3 APPROVAL OF MINUTES FROM AUGUST 8, 2012
Marcia Jensen made a motion to approve the minutes from August 8 , 2012. The motion was
seco nded by Joe Pirzynski and passed unanimously.
ITEM4 ADJOURNMENT
The meeting was adjourned at 6:22 p.m. The next regular meeting of the General Plan
Committee is scheduled for September 26, 20 12.
Prepared by:
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TOWN OF LOS GATOS
110 East Main Street, Los Gatos, CA 95030 (408) 354-6872
SUMMARY MINUTES OF A REGULAR MEETING OF THE GENERAL PLAN
COMMITTEE OF THE TO\VN OF LOS GATOS ON OCTOBER 22, 2014, HELD AT THE
LOS GATOS ADULT RECREATION CENTER, 208 E. MAIN STR EET, ROOM 208, LOS
GATOS , CALIFORN IA.
The meeti ng was called to order at 5:33p.m. by Marico Sayoc.
ATTENDANCE:
Members present: Marico Sayoc, Marcia Jen sen, Barbara Spector, Margaret Smith, Michele
Boudreau, B o b Beyer
Members absent: Matthew Hudes, Charles Erekson, Todd Jarvis
Staff pre sent: Laurel Prevetti, Assistant Town Manager and Community Development Director;
Joel Paul son, Planning Manager; Marni Mo sel ey, Associate Planner; Ro bert Schultz, Town
Attorney
ITEM l APPOINTING CHAIR AND VICE CHAIR
Chair Marico Sayoc continued this matter to next year since the appointments to the Committee
will most likely change at the end of the year.
ITEM2 TWIN OAKS DRIVE
C hai r Marico Sayoc recused h erself due to a conflict of interest. Marcia J ensen chaired the
remainder of the meetin g.
Staff provided a brief staff report and background of the application.
The Committee members asked questions about: the Williamso n Act cancellati o n and process,
the impact of the existing General Plan Env ironm e ntallmpact Report (EIR) for the Town on th e
appli cation, a nd the possible int ensi fic ation of the appli cation on that EIR .
T he appli cant's representative, Roger Griffin, provided a briefbackground on the appli ca tion
Committee Comments/Discussion:
The Committee members discu ssed th e sta tu s of th e EIR for the app li cation.
The Committee members discussed th e possibility of continuing the i tem until the EIR IS
avai lable.
General Plan Committee Minutes
October 22 , 2014
Page 2 of2
Barbara Spector commented that most of the provided General Plan Policies cannot be
determined without the information contained in the EIR.
Marcia Jensen commented that additional policies beyond those provided in the report would be
relevant.
Robert Shultz clarified that the role of the General Plan Committee is to assist the Planning
Commission and the Town Council on the consistency of the General Plan Amendment to the
existing General Plan. If the additional information within the EIR would assist the Committee
in making a recommendation on that limited scope, it is within their purview to request that.
Marcia J ensen moved to continue the item to a date uncertain once the Draft EIR is available.
Motion passed 5-0.
ITEM3 APPROVAL OF MINUTES FROM SEPTEMBER 25, 2013
Marcia Jensen continued the item to the next regular meeting due to a lack of a quorum for the
item .
ITEM4 ADJOURNMENT
The meeting was adjourned at 6 :22 p .m . The next regular meeting of the General Plan
Committee is scheduled for November 12, 2014.
Prepared by:
N:\D EV\GPC\20 14minutes\GPC I0-2 2-14 .doc
I
I
GENERAL PLAN COMMtfTEE
'RESOLUTI ON 1998-49
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
CHANGING THE COMPOSITION OF THE GENERAL PLAN COMMITTEE
TO REDUCE THE NUMBER OF BUSINESS REPRESENTATIVES
.-· AND INCREASE TilE NUMBER OF TOWN RESIDENTS
AND RE~CIND RESOLUTION 1996-88
RESOLVED, by the Town Council of the Town ofLos Gatos, that the Town Council hereby formally
establishes the General Plan Committee ("Committee"). The Committee shall be advis~ to the Planning
Commission and shall operate in the manner hereinafter prescribed.
1. Apoointment and term of office.
The Committee shall consist of nine (9) members. Tbr.ee (3) members shall be members of the
Planning Commission, two (2) members shall be members of the Town Counc~ one (1) member shall
be an owner of property in the Town zoned and used for business purposes with a Town business
license, or a manager of a business with a place of business in the Town, one (1) member sba.ll be a
member of the Community Services Commission, and two (2) members shall be residents of the Town.
The business property owner or business manager shall not be -required ~o reside within the Town of
Los Gatos.
The terms of office -of the Conttnittee shall be at the discretion of the Mayor for Town Council
members, the Chair of the Planning Commission for Planning Commission members and the Chair of
the Community Services Commission for the Community Services Commission member. The public
members shall be appointed by the Town Council and shall serve a term of four ( 4) years. . ~..__
2. Removal of public members : absence of members:
The removal of the public members and the absence of members shall be governed in accordance with
the rules estabijshed the latest Town Council resolution con~ duties of members ofBoards and
COIIlll\issioos of the Town ofLos Gatos. Vacancies shall be filled by appointment by a majority vote
ofthe Town Council, and shall be for the unexpired term of the office vacated.
3. Meet:jpgs : quorums: officers.
The Committee shall bold regular meetings at least once a month as deemed necessary by the Planning
Director. A majority of the Committee shall constitute a quorum .for the purpose at transacting the
business oftlie Committee. The Committee shall elect a chair arid vice-chair, both of whom shall serve
at the pleasure of the Committee. Terms of office shaU be for one year and shall begin on February
I and continue through January 31 of the following year. ·
4. Powers and Duties.
The duties of the Committee shall be to rep ort ~0,. ~onsult with, and provide assistance to the Planning
Commission and :rown Council on all matters relati1fg to the General Plan or any spec ific Plan. The
Committee must report to the Planning Commission prior to any Commis sion meeting scheduled to
discuss an application for a General Plan Amendment.
5. Resolution not to affect powers of Town Council or Planning Commission.
EXHIBIT 4
Nothing in this resolutiu11 shall be construed as restricting or cwtailing ,.,..y of the powers of the Town
Council or Planning Commission, or as a delegation to the Committee of any of the authority or
discretionary powers vested and imposed by law in such bodies.
6. Business Representatives.
The Council declares that an individual appointed to the General Plan Committee described in Section
1 above as representing the business sector is intended to represent and further the interests of the
business sector, and that such representation and furtherance will ultimately serve the public interest.
Accordingly, the Council find that fur the purposes of a person who holds such office, the business
sector is tantamount to and constitutes the public generally within the moaning of Section 87103 of
tbe Government Code and as provided in Section 18703 of Title 2, Division 6 of the California Code
of R~lations . This means that a member of this Committee will not be disqualified in matters
affecting his/her business mterests.
FURTHER RESOLVED that this Resolution rescinds Resolution 1996-88 .
PASSED AND ADOP TED at a regular meeting of the Town Council held on the 4th day of May,
1998 by the fotJowing vote:
COUNCIL MEMBERS :
A YES : Joanne Benjamin, Steven Blanton, Jan Hutchins and Mayor Lubeck
NAYS : Randy Attaway
ABSENT : None
ABSTAIN: None
ATTEST :
SIGNED:
lsi Marian V. Cosgrove
Is/ Randy Attaway
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNlA
,· c.
October 9, 2014
The Honorable Marcia Jensen, Vice Mayor
Los Gatos General Plan Committee
Members of the Los Gatos General Plan Committee
11 0 E. Main Street
Los Gatos, CA 95030
Dear Ms. Jensen and Members of the General Plan Committee:
--~---~ r.'F
N!1\G()M
URBAN
DESIGN&
PLANNING
On behalf of our Client, the Dodge Family we thank you for this opportunity to convey to you
their thinking behind the application for 40,000sf or larger lots on this nearly 18 acre site .
Prior to 1975, this property was designated as R-1 :20 and was not covered by Hillside
Standards. Had the property been developed as 20,000sf lots, there could have been as many
38 lots on the 17.53ac.
Following inclusion of the property under a Williamson Act contract the, property was rezoned
to RC it's current designation.
Properties with R-1: 10 and R-1 :12 designation abut this property along the West side and on
either side of the Twin Oaks entry to the property. To the North and to the East the existing
zoning is HR-1. HR-1 zoning exists to the South on either side of Brooke Acre.
One neighboring parcel that abuts the South side is HR-2 .5. Nearly all of the Dodge property
that borders the HR-2.5 property is outside the LRDA.
The LRDA portions of the Dodge Family property abuts either HR-1 or Low Density
Residential, existing developed property.
Clearly and in conformance to the existing surrounding developments, the application for
rezoning this property HR-1 conforms to the Town's General Plan Policy. An HR-1 designation
is of the type, density and intensity to be consistent with the immediate neighborhood.
We respectfully request your recommendation for this property to be designated as HR with
one-acre minimum parcels .
File: 10.9.14-GPC Ltr.docx
EXIDBIT 5
PJ\Ri\GON
DESIGN
GROUP, INC .
409 Alberto Way
Suite 1
Los Gatos, CA 95032
408.358 .3707
office@paragondgi.com
MEMBER A.I.B.D.
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