Item 2- 15299 Top of the Hill Road Staff Report and Attachments
PREPARED BY: Jennifer Armer, AICP
Senior Planner
Reviewed by: Planning Manager and Community Development Director
110 E. Main Street Los Gatos, CA 95030 ● 408-354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
CONCEPTUAL DEVELOPMENT
ADVISORY COMMITTEE REPORT
MEETING DATE: 10/14/2020
ITEM NO: 2
DATE: October 5, 2020
TO: Conceptual Development Advisory Committee
FROM: Joel Paulson, Community Development Director
SUBJECT: Conceptual Development Advisory Committee Application CD-20-005. Project
Location: 15299 Top of the Hill Road.
Property Owner: Jamshidi Trust.
Applicant: Samir Sharma.
Requesting preliminary review of a proposal for subdivision of one lot into three
lots on property zoned RC. APN 537-24-022.
ROLE OF THE CDAC:
The Conceptual Development Advisory Committee (CDAC) advises a prospective applicant on
the overall consistency of a project with Town policies prior to submitting a formal application
and investing in the development review process. The Committee also endeavors to identify
the potential issues that will need to be addressed during the development review process
should the applicant wish to submit an application. The issues identified by the Committee are
not intended to be all-inclusive and other additional issues may be identified during the formal
development review process.
None of the Committee's comments are binding on the Town and in no way are they intended
to indicate whether the project will be received favorably by the various review bodies that are
charged with evaluating and deciding the application. As noted in this report, if an application
is filed, technical analysis would need to be done during the evaluation of the proposal. In
addition, public input is a required and essential component in the development rev iew
process. Notice has been sent to residents and property owners within 500 feet of the project
site because of the hillside location. In addition to the public comments received at this
meeting, all applicants are strongly encouraged to hold neighborhood meetings to receive input
as the design of the project evolves should they decide to proceed with the development
review process.
PAGE 2 OF 5
SUBJECT: 15299 Top of the Hill Road/CD-20-005
DATE: October 5, 2020
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PROJECT DESCRIPTION:
The applicant has submitted a project description (Attachment 3) and two sets of conceptual
plans for a subdivision of one lot into three lots. The Initial Conceptual Plans (Attachment 6)
include information about a preliminary subdivision map for three s imilarly sized lots, each just
over five acres in size, but are included for background information only, as they are not the
layout currently proposed by the property owner. The Preferred Conceptual Plans (Attachment
7) show a modified configuration which the applicant describes in their project description
letter as having better house sites for each lot . In the Preferred Conceptual Plans Lots 1 and 3
would be accessed through a proposed ingress/egress easement or private road through Lot 2
off of Top of the Hill Road. An existing private road/driveway on site is proposed to be used for
this purpose. The property is zoned RC and is located in the Hillside Planning Area. Future
development would be subject to the Hillside Development Standards and Guidelines (HDS&G).
Key elements of the proposed project are as follows:
• Removal of the Williamson Act contract;
• General Plan designation change from Agriculture to Hillside Residential;
• Zone change from RC to HR-2 ½;
• Subdivision of one 696,111-square foot (16 acres) lot into three single-family residential lots
of 3.6 acres (Lot 1), 9.5 acres (Lot 2), and 2.9 acres (Lot 3); and
• New private roadway or shared driveway access off of Top of the Hill Road through Lot 2 to
Lots 1 and 3.
EXISTING GENERAL PLAN, ZONING, SPECIFIC PLAN DESIGNATION, AND PLANNING AREA:
1. General Plan designation: Agriculture.
2. Surrounding General Plan designations: Hillside Residential on all sides.
3. Zoning designation: RC (Resource Conservation).
4. Surrounding zoning designations: HR-2 1/2 (Hillside Residential) to the west; HR-2 1/2
(Hillside Residential) and HR-5:Prezone (Hillside Residential) to the north and south; and HR-
5:Prezone (Hillside Residential) to the east.
5. Hillside Specific Plan Study Area: Sub-Area 2 (2½ to 10 AC/DU).
6. Hillside Development Standards and Guidelines: Hillside Planning Area .
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SUBJECT: 15299 Top of the Hill Road/CD-20-005
DATE: October 5, 2020
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EXISTING CONDITIONS:
1. The project site is 16 acres (696,111 square feet).
2. The average slope of the project site is 32.46 percent.
3. The project site contains an existing single-family home.
POTENTIAL CONSIDERATIONS AND ISSUES:
The following is a brief list of issues and topics for consideration by the CDAC . Staff has not
reached conclusions on these topics. Staff is identifying them here to help frame the discussion
and to solicit input. The main question for the CDAC is whether or not the applicant’s concept
for the project creates a high-quality plan appropriate for Los Gatos in this location. If an
application is filed, staff would evaluate the technical issues.
1. General Plan/Zoning
a. The subject property is currently designated Agriculture in the General Plan.
b. Is the proposed zone change to HR-2 ½ appropriate and compatible with the
surrounding area? The zoning designations of adjacent properties are HR-
5:Prezone, and HR-2½ (Attachment 5).
2. Density
a. The property is currently zoned RC, which does not define an appropriate density
range but does include a minimum lot area of 20 acres. This minimum lot area in
the RC zone would not allow for subdivision of the 16-acre property. The applicant
proposes to rezone the property from RC to HR-2 ½ and subdivide the property into
3 lots. The minimum land area required for each dwelling unit in any subdivision in
an HR zone is determined by the slope density formula in Section 29.40.250 of the
Town Code. The product of this formula indicates the number of acres required for
each dwelling unit, which determines the number of potential lots that may result
from a subdivision. When considering the average lot slope of 32.46 percent, the
proposed HR-2 ½ zone would require 3.26 acres for each dwelling unit potentially
yielding four lots/dwelling units. For comparison, an HR-5 zone would require 9.83
acres for each dwelling unit, allowing only one lot/dwelling unit.
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SUBJECT: 15299 Top of the Hill Road/CD-20-005
DATE: October 5, 2020
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POTENTIAL CONSIDERATIONS AND ISSUES (continued):
3. Lot Configurations
a. The applicant provided plans showing two different lot configurations. The Initial
Conceptual Plans (Attachment 6) attempted to create three lots of similar size, and
are provided for background information only. The Preferred Conceptual Plans
(Attachment 7) allow for flatter building sites for each lot, and so are the layout
proposed by the applicant.
b. The minimum lot area in an HR zone is 40,000 square feet.
c. The minimum lot width in the HR zone is 100 feet.
d. Are the lot layouts appropriate?
e. Is a shared driveway appropriate?
f. Are the potential building envelope locations appropriate?
g. Are the site layout and lot pattern for the Preferred Conceptual Plans compatible
with the surrounding properties?
h. Do the potential building sites avoid geologic hazards?
i. Does the project maintain the rural, natural, open space character of the hillside?
j. Will the project impact special-status plant and wildlife species? A technical report
will be required during development review to evaluate potential impacts.
k. Would necessary cut, fill, and wall heights meet the limitations within the Town’s
HDS&G?
4. Parking/Circulation
a. Adequate access, that meets Town roadway requirements, to each parcel will need
to be provided.
b. Is a shared driveway appropriate?
c. Will adequate parking be provided for each parcel, including guest parking?
d. Will adequate driveway backup be provided?
e. Will there be adequate fire access?
f. Would driveway slopes exceed the 15 percent limit in the HDS&G?
g. The Hillside Specific Plan prohibits access roads that result in excessive grading.
Would access and driveways require excessive grading?
h. Trails will be required as shown in the Hillside Specific Plan. Trails not shown in the
Hillside Specific Plan or General Plan may be required by the deciding body.
5. Tree Impacts
a. An arborist report will be required during development review to evaluate the
potential impact to trees.
b. Will driveways be located to avoid tree impacts?
c. Will underground water, sewer, electrical, and telephone utility lines impact trees?
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SUBJECT: 15299 Top of the Hill Road/CD-20-005
DATE: October 5, 2020
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POTENTIAL CONSIDERATIONS AND ISSUES (continued):
6. Landslide Zone
a. Most of the subject property is located within the Earthquake Induced Landslide
Zone per the California Geological Survey, Los Gatos Quadrangle. A geotechnical
peer review will be required for future development.
7. Wildland Urban Interface (WUI) Zone
a. The subject property is located in the Wildland Very High Fire Hazard Area.
8. Traffic
a. A traffic analysis will determine whether a traffic study or mitigation fees will be
required. If the project generates an addition of five or more peak trips, traffic
mitigation fees will be required.
9. Hillside Planning Area
a. Future development of the site would be subject to the HDS&G.
i. With the reduction for average lot slopes, a 6,000-square foot house would
be allowed on each lot.
ii. Would the proposed lots have an adequate Least Restrictive Development
Area (LRDA) for the siting of future structures?
iii. Would future development of the proposed lots require grading that would
meet the HDS&G?
PUBLIC COMMENTS:
At this time, the Town has not received any public comment.
Attachments:
1. Location map
2. CDAC Application
3. Project Description Letter
4. General Plan map of surrounding area
5. Zoning map of surrounding area
6. Initial Conceptual Plans
7. Preferred Conceptual Plans
Distribution:
Samir Sharma, 1495 Flamingo Way, Sunnyvale, CA 94087
Jamshidi Khosrow Trustee, 15299 Top of the Hill Road College Avenue, Los Gatos, CA 95032
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Update Notes:- Updated 12/20/17 to link to tlg-sql12 server data (sm)- Updated 11/22/19 adding centerpoint guides, Buildings layer, and Project Site leader with label
ATTACHMENT 1
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APPLICATION FOR PROJECT REVIEW
CONCEPTUAL DEVELOPMENT ADVISORY COMMITTEE
TOWN OF LOS GATOS - COMMUNITY DEVELOPMENT DEPARTMENT
110 E. Main St., Los Gatos, CA 95030
Phone: (408) 354-6874 FAX: (408) 354-7593
PLEASE TYPE OR PRINT CLEARLY
PROPERTY DETAIL:
Address of subject property: _________________________________________________________________
Zoning ____________________________ Site Area _________________ APN ________________________
Existing use______________________________________________________________________________
BRIEFLY DESCRIBE PROJECT:
________________________________________________________________________________________
________________________________________________________________________________________
APPLICANT:
NAME___________________________________________________________ PHONE:_________________
ADDRESS _______________________________________________________________________________
CITY ___________________________________ STATE ___________________ ZIP ___________________
NAME OF PROPERTY OWNER: (If same as above, check here )
NAME___________________________________________________________PHONE:_________________
ADDRESS _______________________________________________________________________________
CITY ___________________________________ STATE ___________________ ZIP ___________________
I hereby certify that I am the owner of record of the proper ty described in Box #2 above, and that I approve of the action
requested herein.
SIGNATURE OF OWNER ___________________________________________DATE __________________
ACKNOWLEDGMENT FORM
I, the undersigned, fully acknowledge and understand the Conceptu al Development Advisory Committee is only an
advisory body and is not empowered by the Town Council or the Planning Commission to render recommendations or decisions
regarding land use issues.
I further understand and acknowledge that any statement by the Committee that a potential land use appears consistent
with Town Policy is not an express or implied approval of a development project. A project may be rejected by the Planning
Commission and/or Town Council for inconsistency with Town policy or for oth er reasons in the course of the development
review process, including public input.
I further understand and acknowledge that the members of the Conceptual Development Advisory Committee are in no
way bound in their future review of my project, by their c omments at this very preliminary state of project development.
SIGNATURE OF OWNER ___________________________________________DATE __________________
* * DO NOT WRITE BELOW THIS LINE
PLPERMIT $2,966.00
APPLICATION No. _________________PLTRACK 118.64
PLANAP 296.60
(Noticing Deposit) PLPERMIT 500.00
TOTAL FEE $3,881.24
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15299 Top of the Hill Road, Los Gatos, CA 95032
Proposed 3 lots sub-division of a 16 acre parcel. The existing home will remain and 2
new lots will be created.by the sub-division.
RC Zone 16.0 Acres 537-24-022
Single Family Home
Samir Sharma 206-931-4169
1495 Flamingo Way
Sunnyvale CA 94087
Jamshidi Trust
15299 Top of the Hill Ct.
Los Gatos CA 95032
408-859-6052
9/21/2020
9/21/2020
ATTACHMENT 2
ADMINISTRATIVE POLICY FOR PROCESSING
"REQUESTS FOR REVIEW" BEFORE THE CONCEPTUAL
DEVELOPMENT ADVISORY COMMITTEE (CDAC)
1. The Committee will meet once a month on a regular schedule (time and date to be determined
by Committee members).
2. The Committee shall consist of three Planning Commissioners and two Town Council persons.
3. Only one item will be permitted on each agenda.
4. A prospective developer shall submit at his/her option, a "Request For Review" which shall
include:
a. A signed application form available from the Community Development Department.
The property owner must sign the application or it will not be accepted.
b. A brief, general description of the project and its location (no more than one typed
page-double spaced).
c. Thirteen (13) copies of a preliminary site plan. Schematic elevations are encouraged,
but are not required. The more information provided to the Committee, the more
detailed the responses will be. Full size plans are recommended for very complex or
large projects.
d. Required filing fee.
e. All materials (plans, letters, etc.) intended to be viewed by the Committee members
prior to the meeting must be submitted at the same time the application is filed.
Materials filed after the submittal will not be accepted. Materials may be brought to
the meeting.
5. The prospective developer has five minutes to make a presentation and the Committee has 25
minutes to respond.
6. Committee members will give their own personal opinion about the project. The applicant shall
not argue about that opinion or try to dissuade Committee members.
7. The Committee may only review a project once prior to a formal application being submitted.
8. If, after a formal submittal to the Town, the scope of the p roject changes significantly, the
applicant may resubmit to the CDAC at the discretion of the Director of Community
Development.
9. A Committee agenda will be mailed and posted 72 hours before the meeting. The CDAC is a
publicly noticed meeting.
10. Minutes will be taken for the Committee meeting; however, the meeting will not be recorded.
11. There will be an action letter mailed out advising the prospective developer of the Committee's
list of concerns and comments. This letter will become part of the Development Review
Committee staff report to the Planning Commission at such time as a formal application is filed.
12. The Committee review will focus on policy issues only. There is no technical or ordinance
compliance review by either the Committee or staff.
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September 25, 2020
Conceptual Development Advisory Committee
Town of Los Gatos
110 East Main St.
Los Gatos, CA 95030
Subject: Proposed 3- Lot Sub-Division – 15299 Top of the Hill Rd.
The project site is currently developed with an existing single-family home. Three Lots will be
subdivided form the existing 16 acre lot. The existing home would stay (Parcel 2) and two new lots
would be created (Parcel 1 & Parcel 3). In order to sub-divide the property we’d be requesting the
following actions:
1)A General Plan Amendment
2)A Rezone from the RC zone to the HR-2 ½ zone
3)Removal of the Williamston Act contracts
We have submitted 2 configurations for discussion. One is the “Preferred sub-division layout” and the
other is the “Alternative sub-division layout.” The alternate version was proposing to sub-divide the
property into 3 parcels of approximately 5 acres each. In that version Parcel 3 would propose a very
similar building pad location to the “preferred” layout but the second proposed home would require
more of a steeper building footprint. In our “preferred” layout, Parcel 1 would be built on a completely
flat pad with the same topography as the existing parcel (Parcel 2). And parcel 3 would have the same
building pad as previously proposed.
Two of the new lots being proposed will require improvements to provide utility connections for the
buildings. The current vehicle access for the existing home would be sufficient to provide access to both
future lots and the existing single-family home. The existing site also already has an existing fire
turnaround which won’t be impacted by the proposed new lots.
The average slope density for the site has been calculated at 32.46% for the complete site.
We would appreciate feedback on gaining support for the Re-zone and General plan amendment. The
current site is bordered by lots ranging in size from 1 acre to 4 acres. We believe the addition of 2 new
lots to the existing parcel would fit into the existing neighborhood.
Thank you
Samir Sharma
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HR-2 1/2:PD RC
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TITLE
SHEET PROJECT STATISTICSDRAWING INDEXPROJECT DIRECTORYLOCATION MAPOWNER:JAMSHIDI TRUST15299 TOP OF THE HILL CTLOS GATOS CA 95032CIVIL ENGINEER:BAHRAM MOZAYENY, PHD, PE (C-71017)VectorVision PCPO BOX 357SAN MATEO CA 94401ARCHITECT:TBDC-1TITLE SHEET & GENERAL NOTESC-2GENERAL SITE PLANC-2.1BOUNDARY SURVEY (TBD)C-2.2SITE SLOPE ANALYSISC-2.3DEV'T SITE PLANC-3GRADING PLANC-3.1GRADING DETAIL (TBD)C-4UTILITY PLANC-5DRAINAGE PLAN (TBD)CONCEPT TENTATIVE MAP - 3-PARCEL LOT SPLIT15299 TOP OF THE HILL CT - LOS GATOS CA - SANTA CLARA COUNTYSITEC-1ATTACHMENT 6
GENERAL
SITE1"=250'C-2
SITE
ANALYSISC-2.2
01COMMONACCESSAREA0.04AC02E-GATETOREMAINPROPOSED
DEV'T PLANC-2.3
01REFERENCEBMEL930ASSUMEDATCENTEROFEX.GATEGRADING
PLANC-3
1"=250'01N-SSTreatmentPrimayEfluentBOD5ppmSecondaryEfluentBOD2ppmToUndergroundIrrigation02E-KennonWater20KGALTANK03E-PropaneMovetoEX.HOUSE04E-Kennonwater,Assgnto#205N-Kennonwater,For#106N-Kennonwater,ForEX.HOUSE07N-PropaneLocationEX.HOUSEO8E-FIRETURNAROUNDEASEMENT09E-Septic&LeachFieldUTILITY
PLANC-4
PARCEL 3
2.9 AC
910800
800
760
680
840
PARCEL 2
9.5 AC
930
920 910R=20'PARCEL 1
3.6 AC
TOP OF HILL CT
SLOPE DENSITY = 15.981 = 32.46% 0.0023 x 10 x 22,551
ATTACHMENT 7