Item 2 - Staff Report amd Attachments 1 to 6
PREPARED BY: Jennifer Armer, AICP
Planning Manager
Reviewed by: 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: 04/12/2023 ITEM NO: 2
DATE: April 7, 2023
TO: Conceptual Development Advisory Committee
FROM: Joel Paulson, Community Development Director
SUBJECT: Conceptual Development Advisory Committee Application CD-23-001. Project
Location: 170 Twin Oaks Drive. APNs 532-16-005 and 532-16-006. Property
Owner: Tom Dodge. Applicant: Molly Robson. Requesting Preliminary Review of
a Proposal for a General Plan Amendment to Change the Land Use Designation
of a Property from Agriculture to Low Density Residential, a Zone Change from
RC and R-1:10 to R-1:12, and a Subdivision of Two Lots into 12 Lots on Property
Zoned R-1:10 and RC.
ROLE OF THE CONCEPTUAL DEVELOPMENT ADVISORY COMMITTEE:
The Conceptual Development Advisory Committee (Committee) 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 review
process. Notice has been sent to residents and property owners within 500 feet of the project
site. 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 6 SUBJECT: 170 Twin Oaks Drive/CD-23-001 DATE: April 7, 2023
BACKGROUND:
A previous proposal for the larger of the two parcels considered by the Committee in 2010
included:
• Change the General Plan land-use designation from Agriculture to Hillside Residential.
• Change the Zoning from RC to HR-1:PD.
• Subdivide the existing single parcel into 10 lots.
• Construct 10 single family homes.
• Locate the required BMP offsite or pay an in-lieu fee for each new unit.
This proposal was eventually denied by Town Council in 2018.
PROJECT DESCRIPTION:
The applicant has submitted an application (Attachment 2) and project description letter
(Attachment 3) requesting preliminary review of a proposal to subdivide the property for low
density residential development as shown in the preliminary subdivision plans (Attachment 5).
The applicant’s letter indicates that they wish subdivide the property into 12 parcels (sizes
ranging from 11,633 square feet to 221,345 square feet), and construct 11 detached single-
family residences, 11 ADUs, and two BMP units in the form of attached single-family residential
units.
EXISTING GENERAL PLAN, ZONING, AND PLANNING AREA:
1. General Plan land use designations:
a. Parcel 532-16-006: Agriculture, which identifies areas for commercial agricultural crop
production; and
b. Parcel 532-16-005: Low Density Residential, which provides for single-family residential
properties located on generally level terrain. It encourages single-family residential
development in either the standard development established by traditional zoning or by
innovative forms obtained through planned development.
2. Surrounding General Plan land use designations: Low Density Residential to the west and
south; Hillside Residential to the north, east, south.
3. Zoning designations:
a. Parcel 532-16-006: RC (Resource Conservation, 20 acre minimum). This parcel is under
a Williamson Act Contract that is proceeding through the non-renewal process which
will end in 2025. Note: the property is currently less than the 20-acre minimum for
Williamson Act properties. In addition, it does not house true agriculture or grazing
lands; and
b. Parcel 532-16-005: R-1:10 (Single Family Residential, 10,000-square foot minimum).
PAGE 3 OF 6 SUBJECT: 170 Twin Oaks Drive/CD-23-001 DATE: April 7, 2023
EXISTING GENERAL PLAN, ZONING, AND PLANNING AREA (continued):
4. Surrounding zoning designations: HR-1 (Hillside Residential, 1 to 5 acres for each dwelling
unit) to the north and east; HR-1 (Hillside Residential, 1 to 5 acres for each dwelling unit)
and HR-2 ½ (Hillside Residential, 2 ½ to 10 acres for each dwelling unit) and R-1:10 (Low
Density Residential, 10,000-square foot minimum) to the south; R-1:10 (Low Density
Residential, 10,000-square foot minimum) and R-1:12 (Low Density Residential, 12,000-
square foot minimum) to the west.
5. Hillside Specific Plan: The eastern half of the subject site is located within sub-area 2 while
the western half is not located in a specified sub-area. Sub-area 2 has an overall density
limitation of 2½ to 10 acres per dwelling unit. The applicant will be required to calculate all
existing units within the designated sub-area, and provide the existing and proposed density
for sub-area 2.
While the General Plan 2040 was adopted by the Town Council on June 30, 2022, the new Land
Use Element, with associated changes in land use regulations and policies, has been put on hold
as a result of a referendum qualifying for the ballot. In the interim, the regulations in the 2020
General Plan Land Use Element apply.
EXISTING CONDITIONS:
1. The project site is approximately 18.3 acres.
2. The project site is located on the east side of Twin Oaks Drive and connects to Cerro Vista
Court to the north.
3. Surrounding land uses: The site is bounded by Hillbrook School to the north, and single-
family residential on all other sides (Attachment 1).
POTENTIAL CONSIDERATIONS AND ISSUES:
The following is a brief list of issues and topics for consideration by the Committee. 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 Committee 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
a. Based on the proposed lot sizes, the General Plan designation for Parcel 532-16-006
would need to be amended to Low Density Residential to align with the properties
to the west and south.
b. General Plan Goal CD-1 – Preserve and enhance Los Gatos’s character through
exceptional community design.
PAGE 4 OF 6 SUBJECT: 170 Twin Oaks Drive/CD-23-001 DATE: April 7, 2023
POTENTIAL CONSIDERATIONS AND ISSUES (continued):
c. General Plan Policy HE-1.3 – All new residential development shall be sufficiently
served by public services and facilities, including pedestrian and vehicular
circulation, bike lanes, water and wastewater services, police, fire, schools, and
parks.
d. General Plan 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.
e. General Plan Policy LU-1.4 – Infill projects shall be designed in context with the
neighborhood and surrounding zoning with respect to existing scale and character
of surrounding structures, and should blend rather than compete with the
established character of the area.
f. General Plan Goal LU-4 – To provide for well-planned, careful growth that reflects
the Town’s existing character and infrastructure.
g. General Plan Policy LU-4.2 – Allow development only with adequate physical
infrastructure.
h. General Plan Goal LU-5 – To encourage public involvement in Town planning
processes.
i. General Plan Policy LU-6.5 – The type, density, and intensity of new land use shall
be consistent with that of the immediate neighborhood.
j. General Plan Policy LU-6.7 – Continue to encourage a variety of housing types and
sizes that is balanced throughout the Town and within neighborhoods, and that is
also compatible with the character of the surrounding neighborhood.
k. General Plan Goal LU-6 – To preserve and enhance the existing character and sense
of place in residential neighborhoods.
l. General Plan Policy LU-6.5 – The type, density, and intensity of new land use shall
be consistent with that of the immediate neighborhood.
m. General Plan Policy LU-6.8 – New construction shall be compatible and blend with
the existing neighborhood.
2. Zoning
a. Based on the proposed lot sizes, the Zoning district would need to be amended to
Single-Family Residential (R-1:12). The applicant has provided clarification that the
intention will be to have all parcels meet the 12,000-square foot minimum lot size
of the R-1:12 Zone.
b. Height: The current maximum allowable height of a principal building in the R-1
Zone is 30 feet.
c. Setbacks: The current plans only include general conceptual building pads for the
proposed lots with no proposed setbacks noted. The minimum required setbacks in
the R-1:12 Zone are 25 feet for front, 10 feet for side, 15 feet for sides abutting a
street, and 20 feet for rear.
PAGE 5 OF 6 SUBJECT: 170 Twin Oaks Drive/CD-23-001 DATE: April 7, 2023
POTENTIAL CONSIDERATIONS AND ISSUES (continued):
d. The maximum allowable building coverage in the R-1 Zone is 40 percent.
e. The Below Market Price (BMP) Program applies to all residential development
projects that include five or more residential units. This project would be subject to
the BMP Program. And proposes two BMP units where only one is required.
3. Land Use/Density/Lot Size
a. The proposed subdivision of the 18.3-acre property into 12 parcels would result in a
density of less than one dwelling unit per acre, which would be within the range
allowed in Low Density Residential (0-5 dwelling units per acre) or Hillside
Residential (0-1 dwelling units per acre).
b. The proposed subdivision includes parcels varying in size from 11,633 square feet
(0.27 acres) to 221,345 square feet (5.08 acres). The applicant has provided
clarification that the intention will be to have all parcels meet the 12,000-square
foot minimum lot size of the R-1:12 Zone.
c. The site is adjacent to the following residential zones: R-1:10; R-1:12; HR-1; and HR-
2½. What is the most appropriate General Plan designation and Zoning for the
property?
d. A Planned Development Overlay application may be required due to the proposed
private street width.
4. Hillside Specific Plan (HSP)
a. Trail Connection: A trail connection is required across this property. While the HSP
does not distinguish a specific location for the trail easement, the Plan does state
“Trails should be located away from existing residential areas wherever possible.
‘Cross-country’ type trails shall be developed as opposed to trails bordering roads.
Trails should be located through areas containing scenic natural resources and
through areas dedicated for open space whenever possible.”
b. Open Space Easements: The HSP requires open space easements for hillside
subdivisions. Pursuant to the HSP, open space easement policies shall be
implemented for each subdivision or PD application to protect creeks, ridgelines,
stands of trees, scenic views, hazardous areas and to provide for trails. Areas with
steep slopes which would restrict construction may be usable as an open space
easement.
5. Williamson Act
a. The California Land Conservation Act of 1965, better known as the Williamson Act,
works to preserve agricultural and open space lands through restrictive use
contracts administered by counties and cities under State regulations. Private
landowners restrict their land to agricultural and compatible open space uses under
minimum 10-year rolling term voluntary contracts with counties and cities. In
return, the property tax on a Williamson Act parcel is assessed at a rate consistent
with its actual use, rather than potential market value. A Williamson Act
PAGE 6 OF 6 SUBJECT: 170 Twin Oaks Drive/CD-23-001 DATE: April 7, 2023
POTENTIAL CONSIDERATIONS AND ISSUES (continued):
agricultural preserve contract was established by the Town on the project site in
1975 and this contract is currently still in effect.
b. A notice of non-renewal of the Williamson Act contract was received by the Town
on April 28, 2015. Because the timeline for non-renewal is 10 years, this contract
will expire in 2025.
6. Visibility
a. The previous application was determined to not be visible from the Town’s
established viewing platforms.
b. The future single-family residences will need to be analyzed pursuant to the Hillside
Development Standards and Guidelines.
7. Fire Access
a. The project site is located within the Very High Fire Severity Zone and would
therefore be required to meet the requirements of PRC 4290.
8. Tree Impacts
a. An arborist report will be required during the development review process to
evaluate the potential impacts to trees.
9. Riparian Area
a. Would the project impact the riparian area previously identified on the site?
10. Environmental Review
a. Environmental review will be required, for compliance with the California
Environmental Quality Act (CEQA).
PUBLIC COMMENTS:
Public comments received by 11:00 a.m., Friday, April 7, 2023, are included as Attachment 6.
ATTACHMENTS:
1. Location Map
2. CDAC Application
3. Project Description Letter
4. Architectural Inspiration Photos
5. Conceptual Subdivision Plans
6. Public comments received by 11:00 a.m., Friday, April 7, 2023
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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
- Updated 10/8/20 to add street centerlines which can be useful in the hillside area
- Updated 02-19-21 to link to TLG-SQL17 database (sm)
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