Item 2.Staff Report with Exhibits 1-18.300 Mountain Laurel Lane
PREPARED BY: SEAN MULLIN, AICP
Senior Planner
Reviewed by: Planning Manager, Town Attorney, and Community Development Director
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6872
www.losgatosca.gov
TOWN OF LOS GATOS
PLANNING COMMISSION
REPORT
MEETING DATE: 01/25/2023
ITEM NO: 2
DATE: January 20, 2023
TO: Planning Commission
FROM: Joel Paulson, Community Development Director
SUBJECT: Requesting Approval for Modification of Planned Development Ordinance
2172 to Increase the Maximum Residence Size Allowed on Lot 14 on Property
Zoned HR-5:PD. Located at 300 Mountain Laurel Lane. APN: 567-24-023.
Planned Development Amendment PD-22-001. This Request for Modification
of a Planned Development Ordinance is not Considered a Project Under the
California Environmental Quality Act. PROPERTY OWNER: Bright Smile Dental
Office Defined Benefit Plan. APPLICANT: Kunling Wu, Trustee. PROJECT
PLANNER: Sean Mullin.
RECOMMENDATION:
Forward a recommendation of approval to the Town Council on a request for modification of
Planned Development Ordinance 2172 to increase the maximum residence size allowed on Lot
14 on property zoned HR-5:PD, located at 300 Mountain Laurel Lane.
PROJECT DATA:
General Plan Designation: Hillside Residential
Zoning Designation: HR-5:PD, Hillside Residential - Planned Development Overlay
Applicable Plans & Standards: General Plan, Hillside Development Standards and Guidelines,
Hillside Specific Plan
Parcel Size: 354,459 square feet (8.14 acres)
Surrounding Area:
Existing Land Use General Plan Zoning
North Residential Hillside Residential HR-1
South Residential; Institutional Hillside Residential HR-1; HR-5:PD
East Residential; Institutional Hillside Residential HR-1
West Residential; Open Space Hillside Residential HR-5:PD
PAGE 2 OF 12
SUBJECT: 300 Mountain Laurel Lane/PD-22-001
DATE: January 20, 2023
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CEQA:
The request to modify Planned Development Ordinance 2172 is not considered a project under
the California Environmental Quality Act.
REQUIRED FINDINGS:
▪ As required by Section 29.80.095 of the Town Code for granting approval of a Planned
Development Overlay Zone; and
▪ That the amendment to the Planned Development Overlay is consistent with the General
Plan.
ACTION:
Forward a recommendation regarding Planned Development application PD -22-001 to the
Town Council.
BACKGROUND:
The subject property is approximately 8.14 acres located in the northern portion of the
Shannon Valley Ranch subdivision (Exhibit 1). A single-family residence was once located on
the property, but was destroyed by fire in 1997, prior to the 2004 subdivision. The property is
the last undeveloped residential property in the subdivision.
In March 2002, the Town Council considered a Planned Development (PD) application at 17101
Hicks Road and 14045 Shannon Road. Town Council approved Ordinance 2097; amended the
General Plan land use designation from Agricultural to Hillside Residential; and approved a PD
to change the zoning from HR-5:Prezone to HR-5:PD to allow subdivision of the property into 14
single-family lots and three open space lots (Exhibit 3). Architecture and Site applications for
new residences on Lots 1 through 13 were approved in 2002 and 2003. The subdivision was
completed in November 2004 and subsequent Building Permits were issued in December of
2004. The 13 new residences were completed by 2007. In 2009, the Town Council approved
PD Ordinance 2172 amending the original PD to allow accessory structures on all 14 lots,
provided they comply with the Hillside Development Standards and Guidelines (HDS&G)
(Exhibit 4).
The original PD application was considered numerous times by the Development Review
Committee and the Planning Commission prior to the Council’s action in March 2002. During
the final Planning Commission meeting on January 23, 2002, two members of the public spoke
on the project, offering comments specific to the size of the replacement residence on Lot 14
(Exhibit 5, highlighted text). Both commenters expressed concern on whether developing Lot
14 was appropriate, with one commenter adding that if Lot 14 is to be developed, it should be
rebuilt in the original footprint and not turned into a 4,600 or 4,800 square foot home. The
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SUBJECT: 300 Mountain Laurel Lane/PD-22-001
DATE: January 20, 2023
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BACKGROUND (continued):
motion to forward a recommendation of approval to the Town Council included an additional
performance standard that Lot 14 be developed under the guidelines of a replacement
structure, similar in square footage, mass, and scale to the original residence that was
destroyed by fire. This additional performance standard was forwarded to the Council and
included in Ordinance 2097 and the amended Ordinance 2172 (Exhibits 3 and 4, Performance
Standard #8). The Town Council approved the PD application in March 2002 with the additional
performance standard as recommended by the Planning Commission.
Town records for Lot 14 do not provide much detail on the original residence that was
destroyed by fire. An April 20, 2016, letter from Greenbriar Homes Co mmunities (applicant
under the original PD application) to Mr. Alan Barbie of the Sereno Group indicates that the
original home was one story and approximately 2,400 square feet (Exhibit 6). Other anecdotal
information indicates that the size of the original residence was closer to 3,000 square feet.
Given the incomplete nature of the records for Lot 14, staff has messaged that the lot could be
developed with a single-story residence with a maximum size of 3,000 square feet to be located
in the general area of the previous residence subject to Architecture and Site approval.
In addition to Lot 14, Performance Standard #8 limits the sizes of the residences on Lots 1
through 13 to a maximum of 4,850 square feet, with an average size of 4,650 square feet
(Exhibit 4, Performance Standard #8). Additionally, two-thirds of the 13 residences are limited
to a one-story design. The table below provides a summary of the development on Lots 1
through 13.
Summary of Developed Lots
Lot Address Residence Stories Garage Accessory Structure
1 280 Shannon Oaks Ln 4,656 sf 1 768 sf --
2 282 Shannon Oaks Ln 4,815 sf 2 799 sf --
3 286 Mountain Laurel Ln 4,655 sf 1 811 sf --
4 288 Mountain Laurel Ln 4,612 sf 1 781 sf --
5 290 Mountain Laurel Ln 4,815 sf 2 799 sf --
6 299 Mountain Laurel Ln 4,327 sf 1 806 sf --
7 297 Mountain Laurel Ln 4,635 sf 1 811 sf --
8 293 Mountain Laurel Ln 4,611 sf 1 781 sf --
9 291 Mountain Laurel Ln 4,655 sf 1 811 sf --
10 289 Mountain Laurel Ln 4,315 sf 1 806 sf --
11 287 Mountain Laurel Ln 4,814 sf 2 799 sf 636 sf
12 283 Shannon Oaks Ln 4,605 sf 1 781 sf 960 sf
13 281 Shannon Oaks Ln 4,808 sf 2 799 sf --
AVERAGE RESIDENCE: 4,640 sf 69 percent single-story
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SUBJECT: 300 Mountain Laurel Lane/PD-22-001
DATE: January 20, 2023
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BACKGROUND (continued):
On May 11, 2022, the Conceptual Development Advisory Committee (CDAC) reviewed and
provided preliminary feedback on the proposed PD amendment. The feedback of the CDAC is
detailed below.
PROJECT DESCRIPTION:
A. Location and Surrounding Neighborhood
The subject property is approximately 8.14 acres located in the northern portion of the
Shannon Valley Ranch subdivision (Exhibit 1). A single-family residence was once located on
the property, but was destroyed by fire in 1997, prior to the 2004 subdivision. The property
currently takes access from the east end of Mountain Laurel Lane via a dirt driveway along
the western property line accessing the northeastern portion of the property, where the
original residence once stood. This portion of the property contains the Least Restrictive
Development Area (LRDA), encompassing approximately 131,196 square feet (3.01 acres).
The majority of the remaining portions of the property are steeply sloped and are held in a
scenic conservation easement. The property is currently vacant and is the last undeveloped
residential property in the subdivision.
B. Project Summary
The property owner is requesting an amendment to Planned Development Ordinance 2172
to increase the maximum residence size allowed on the subject property. No construction
or site development is proposed with this application. A development proposal for
construction of a new residence would be processed and reviewed under a future
Architecture and Site application.
DISCUSSION:
A. Planned Development Amendment
The subject property has a gross lot area of 354,458 square feet (8.14 acres) with an
average lot slope of 28 percent (Exhibit 17). When adjusted for slope per the HDS&G, the
net lot area is 163,051 square feet (3.74 acres); which would allow for 6,000 square feet of
development under the standard floor area calculation from the HDS&G. The existing PD
Ordinance 2172 further restricts the maximum allowed floor area to be similar in square
footage, mass, and scale to the original residence that was destroyed by fire, which is
estimated to be approximately 3,000 square feet. While much of the property is
characterized by steep slopes, the northeastern portion of the property contains the LRDA,
encompassing approximately 131,196 square feet (3.01 acres).
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SUBJECT: 300 Mountain Laurel Lane/PD-22-001
DATE: January 20, 2023
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DISCUSSION (continued):
The applicant requests an amendment to the PD to allow for construction of a 4,850 square
foot, one-story residence (Exhibit 7). This request also requires an increase in the average
size of the residences allowed by Performance Standard #8 from 4,650 square feet to 4,655
square feet. The applicant’s letter indicates that they wish to construct a single-story
residence of 4,850 square feet. The applicant’s Letter of Justification indicates that the
proposed residence size increase would be reasonable for the 8.14 -acre property that
includes an LRDA of 3.01 acres and would be consistent with the development on Lots 1
through 13 in the Shannon Valley Ranch subdivision (Exhibit 8).
The table below summarizes the size of development on properties within the Shannon
Valley Ranch subdivision and those immediately adjacent to the north. The property sizes
range from 2.02 to 8.44 acres. Based on Town and County records, the square footage of
the residences in this area range from 4,315 square feet to 5,720 square feet. In terms of
square feet, the proposed increase to the allowable residence size on Lot 14 would allow for
development of the largest residence within the Shannon Valley Ranch subdivision and the
third largest when considering the adjacent properties. In terms of FAR, the proposed
increase would allow the smallest FAR in the Shannon Valley Ranch subdivision and
adjacent properties.
FAR Comparison - Neighborhood Analysis
Lot Address Gross Lot
Area SF
Residence
Size
Garage
SF
Total
SF*
FAR No. of
Stories
550 Santa Rosa Dr 91,040 5,720 975 6,695 0.07 2
16767 Hicks Rd 367,646 5,274 748 6,022 0.02 2
1 280 Shannon Oaks Ln 141,968 4,656 768 5,424 0.04 1
2 282 Shannon Oaks Ln 111,124 4,815 799 5,614 0.05 2
3 286 Mountain Laurel Ln 96,576 4,655 811 5,466 0.06 1
4 288 Mountain Laurel Ln 103,879 4,612 781 5,393 0.05 1
5 290 Mountain Laurel Ln 136,865 4,815 799 5,614 0.04 2
6 299 Mountain Laurel Ln 125,092 4,327 806 5,133 0.04 1
7 297 Mountain Laurel Ln 147,556 4,635 811 5,446 0.04 1
8 293 Mountain Laurel Ln 191,693 4,611 781 5,392 0.03 1
9 291 Mountain Laurel Ln 156,824 4,655 811 5,466 0.03 1
10 289 Mountain Laurel Ln 111,783 4,315 806 5,121 0.05 1
11 287 Mountain Laurel Ln 124,583 4,814 799 5,613 0.05 2
12 283 Shannon Oaks Ln 88,045 4,605 781 5,386 0.06 1
13 281 Shannon Oaks Ln 94,082 4,808 799 5,607 0.06 2
14 300 Mountain Laurel Ln 354,458 4,850 400 5,250 0.01 1
Proposed average residence within subdivision: 4,655 sf 71 percent single-story
* Does not include accessory structures
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SUBJECT: 300 Mountain Laurel Lane/PD-22-001
DATE: January 20, 2023
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DISCUSSION (continued):
Future development of the site would require an Architecture and Site application, which
would be subject to the requirements of the Town Code, PD Ordinance, the Residential
Design Guidelines, the HDS&G, and the Hillside Specific Plan. A future Architecture and Site
application will require review and preliminary approval by the Planning, Building,
Engineering, and Fire Departments. The application would be considered in a public hearing
by either the Development Review Committee or Planning Commission based on the merits
of the application.
B. Conceptual Development Advisory Committee
On May 11, 2022, the CDAC reviewed and provided preliminary feedback on a proposal to
amend the PD to allow for a 6,000 square-foot residence (Exhibits 9 and 10). Committee
members discussed the matter and provided feedback to the applicant, including con cerns
related to:
• Lighting impacts;
• LRDA analysis;
• Placement on a ridge;
• Compatibility of a 6,000 square-foot residence with the residences in the Shannon
Valley Ranch development;
• Driveway length, slope, and secondary access; and
• Future development requiring review by the Shannon Valley Ranch Homeowners
Association.
In response to the CDAC’s feedback, the applicant revised their request to a 4,850 square-
foot residence and provided a written response to the CDAC’s feedback (Exhibit 11). The
applicant’s response to the CDAC’s feedback is summarized below, followed by staff
analysis in italic font.
1. Lighting impacts.
The applicant indicates that light impacts from a future residence would not create an
impact because the residence would be limited to one-story, and all exterior lighting
would be required to meet the Town’s regulations.
Any Architecture and Site application for a future residence will be reviewed to ensure
compliance with the Town Code, PD Ordinance, and HDS&G requirements for exterior
lighting. Approval of any future residence would include a condition of approval
requiring that all exterior light fixtures meet the Town’s requirements to be shielded and
directed to the ground surface so that light does not spill onto neighboring parcels or
produce a glare when seen from nearby homes.
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SUBJECT: 300 Mountain Laurel Lane/PD-22-001
DATE: January 20, 2023
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DISCUSSION (continued):
2. LRDA analysis.
The applicant indicates that an LRDA analysis was completed prior to submittal of this
application.
The LRDA is included on the provided Site Plan (Exhibit 17). Evaluation of the LRDA will
be conducted with any future Architecture and Site application.
3. Placement on a ridge.
The applicant indicates that there are many residences located nearby the proposed
building site, some larger than the 4,850 square feet being proposed. Additionally, the
applicant indicates that any proposed residence would follow Town regulations.
The HDS&G defines a ridgeline as a line connecting the highest points along a ridge and
separating drainage basins or small-scale drainage systems from one another. The LRDA
of the subject property is located on an outcropping in the northeastern portion of the
property located approximately 58 vertical feet below the ridgeline along Santa Rosa
Drive. The area of LRDA is not identified by the HDS&G as a significant ridgeline. The
applicant is requesting approval to increase the allowable residence size for the subject
property and has not requested modification of the existing language in Performance
Standard #8 restricting the residence to a single-story and a maximum height of 25 feet.
Full Architecture and Site review would be required for any future residence.
4. Compatibility of a 6,000 square-foot residence with the residences in the Shannon
Valley Ranch subdivision.
The applicant has revised their request to a 4,850 square -foot residence.
Performance Standard #8 included in PD Ordinance 2172 currently limits the maximum
residence size to 4,850 square feet on Lots 1 through 13. The applicant proposes
allowing for a residence of 4,850 square feet on Lot 14, consistent with those allowed on
other properties in the subdivision. The applicant also requests an increase in the
allowed average residence size within the subdivision from 4,650 square feet to 4,655
square feet, which is needed when including Lot 14 in the calculation. The proposed
residence size would be the largest residence in terms of floor area by 35 square feet in
the Shannon Valley Ranch subdivision and the smallest in terms of FAR.
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SUBJECT: 300 Mountain Laurel Lane/PD-22-001
DATE: January 20, 2023
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DISCUSSION (continued):
5. Driveway length, slope, and secondary access.
The applicant indicates that the plans were reviewed and approved by the Santa Clara
County Fire Department.
The provided Site Plan shows that an existing dirt road serves as access to the previously
developed portion of the property (Exhibit 17). Should the applicant propose to improve
this dirt road to provide access to a future residence under an Architecture and Site
application, it is probable that exceptions to the HDS&G would be required for driveway
length and slope. No secondary access is currently shown at this time.
Project plans and supporting documents for this application were routed to the Santa
Clara County Fire Department (SCCFD) for review of the request to modify the PD
Ordinance to increase the allowable residence size. As noted in their letter approving the
project, SCCFD’s review was limited to the request and did not include a review for
construction of a new single-family residence, which would be the subject of a future
Architecture and Site application. The SCCFD approved the request at hand and provided
some potential requirements that may apply to a proposal for construction of a new
residence. These items are provided in as items four through 16 of Exhibit 12. Several of
the requirements relate to the Fire Safe Regulations enacted by Public Resources Code
4290. Staff has and will continue to stress to the applicant the importance of consulting
with the SCCFD early and often, as well as the potential profound impact that the Fire
Safe Regulations can have on proposed development in the hillside area. Any future
Architecture and Site application for a new residence will require review by the SCCFD.
6. Future development requiring review by the Shannon Valley Ranch Homeowners
Association.
The applicant has provided a letter from the Shannon Valley Ranch Homeowners
Association approving the proposed allowable residence size increase (Exhibit 13).
C. Planned Development Analysis
The purpose and intent of the Town’s Planned Development Overlay Zone is to preserve,
enhance, and/or promote:
1. The Town’s natural and historic resources;
2. The production of affordable housing;
3. The maximization of open space; and/or
4. A project that provides a public benefit to the citizens of the Town.
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SUBJECT: 300 Mountain Laurel Lane/PD-22-001
DATE: January 20, 2023
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DISCUSSION (continued):
An application for a PD overlay shall only be considered if it meets the purpose and intent of
the overlay zone, and meets one of nine criteria listed in the Town Code, including property
that is designated within the HDS&G map. The proposed amendment to PD Ordinance 2172
meets these criteria in that it would continue to maximize open space by requesting no
change to the existing scenic conservation easements on the subject property and is located
within the hillside area.
Section 29.80.095 of the Town Code requires that four findings be made in order to approve
a PD overlay. These findings are listed below, followed by staff analysis in italic font.
1. The proposed PD is in compliance with all sections of Chapter 29, Article VIII, Division
2 of the Town Code for a Planned Development Overlay Zone.
As discussed in this report, the proposed PD amendment complies with Chapter 29,
Article VIII, Division 2 of the Town Code in that it meets the purpose and intent of a PD
overlay zone and is located in the hillside area. Except for the requested increase to
allowable residence size on Lot 14 and maximum average square footage, the
performance standards included in the previously approved PD Ordinance 2172 would be
carried over to an amended ordinance.
2. The proposed PD is in conformance with the goals, policies, and applicable land use
designation(s) and standards of the Town's General Plan.
The proposed amendment to PD Ordinance 2172 to allow for an increased residence
size on Lot 14 is consistent with the goals and policies of the 2020 General Plan Land
Use Element, including, but not limited to:
• Policy LU-1.3 encourages preservation of 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;
• Policy LU-1.4 states, 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;
• Policy LU-6.8 states, new construction, remodels, and additions shall be compatible
and blend with the existing neighborhood; and
• Policy LU-7.3 states, infill projects shall contribute to the further development of the
surrounding neighborhood (e.g. improve circulation, contribute to or provide
neighborhood unity, eliminate a blighted area) and shall not detract from the
existing quality of life.
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SUBJECT: 300 Mountain Laurel Lane/PD-22-001
DATE: January 20, 2023
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DISCUSSION (continued):
3. The proposed PD is in conformance with all other applicable land use regulations,
including but not limited to Town Council adopted guidelines, except as otherwise
provided in Section 29.80.095(4).
As discussed in this report, the proposed PD amendment is consistent with the Town Code,
HDS&G, and Hillside Specific Plan.
4. Any proposed use or development standards that deviate from the underlying zoning
district(s) result in innovative and creative site planning to develop:
a. Housing with a minimum of forty (40) percent of the units affordable to households of
very low, low, or moderate income; or
b. Mixed commercial, or mixed residential, or mixed commercial and residential
development; or
c. A development designed and sited to protect, preserve and enhance conservation and
enrichment of hillsides, natural and/or historic resources , ridgelines, a tree or stand of
trees, creek and riparian corridors, geologic hazard or fault zone, and open space; or
d. A project that maximizes open space; or
e. The proposed PD provides a public benefit to the citizens of the Town.
The proposed PD amendment to increase the allowable residence size on Lot 14 does not
deviate from the underlying zone in that the proposed residence size of 4,850 square feet is
less than what would be allowed by the underlying HR-5 zone; therefore, this finding is not
applicable. However, the proposal is consistent with items c and d above.
Based on staff analysis, the required findings for amending PD Ordinance 2172 can be
made. A draft version of amended Performance Standard #8 is included as Exhibit 14.
D. Neighbor Outreach
Exhibit 15 includes a summary from the applicant of their neighborhood outreach efforts.
PUBLIC COMMENTS:
Written notice was sent to property owners and tenants within 600 feet of the subject
property. Public comments received by 11:00 a.m., Friday, January 20, 2023, are included as
Exhibit 18.
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SUBJECT: 300 Mountain Laurel Lane/PD-22-001
DATE: January 20, 2023
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ENVIRONMENTAL REVIEW:
The request to modify Planned Development Ordinance 2172 is not considered a project under
the California Environmental Quality Act.
CONCLUSION:
A. Summary
The property owner is requesting an amendment to PD Ordinance 2172 to increase the
maximum residence size allowed on the subject property. No construction or site
development is proposed with this application. Any future development proposal for a new
residence would be processed and reviewed under an Architecture and Site application.
B. Recommendation
Based on the summary above, staff recommends the Planning Commission take the
following actions to forward the PD amendment application to the Town Council with a
recommendation of approval:
1. Recommend that that the Town Council make the findings required by Section
29.80.095 of the Town Code for a Planned Development Ordinance (Exhibit 2); and
2. Recommend that the Town Council adopt the amended Planned Development
Ordinance.
C. Alternatives
Alternatively, the Commission can:
1. Forward a recommendation for approval of the application with modified performance
standards to the Town Council; or
2. Forward a recommendation of denial of the application to the Town Council; or
3. Continue the matter to a date certain with specific direction.
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SUBJECT: 300 Mountain Laurel Lane/PD-22-001
DATE: January 20, 2023
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EXHIBITS:
1. Location Map
2. Required Findings
3. Planned Development Ordinance 2097
4. Planned Development Ordinance 2172
5. Planning Commission Minutes of January 23, 2002
6. Letter from Greenbriar Homes Communities, dated April 20, 2016
7. Project Description
8. Letter of Justification
9. Conceptual Development Advisory Committee Staff Report without Attachments, May 11,
2022
10. Conceptual Development Advisory Committee Minutes, May 11, 2022
11. Applicant’s Response to CDAC Feedback
12. Letter of Approval from the Santa Clara County Fire Department, dated November 7, 2022
13. Letter from the Shannon Valley Ranch Homeowners Association, dated October 18, 2022
14. Amended Performance Standard #8
15. Summary of Neighbor Outreach
16. Site Photos
17. Site Plan
18. Public Comments received by 11:00 a.m., Friday, January 20, 2023
HICKS RDGUADALUPE MINES RDCOLORADO CTBURKE RD
MAPLE CREEK300 Mountain Laurel Lane
0 0.250.125 Miles
°
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)
Lot 1
Lot 2
Lot 3
Lot 4
Lot 5
Lot 1
Lot 1
Lot 11 Lot 10
Lot 9
Lot 8
Lot 7
Lot 6
Lot 14
Shannon ValleyRanch Subdivision
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PLANNING COMMISSION – January 25, 2023
REQUIRED FINDINGS FOR:
300 Mountain Laurel Lane
Planned Development Amendment PD-22-001
Requesting Approval for Modification of Planned Development Ordinance 2172
to Increase the Maximum Residence Size Allowed on Lot 14 on Property Zoned
HR-5:PD. This Request for Modification of a Planned Development Ordinance is not
Considered a Project Under the California Environmental Quality Act.
PROPERTY OWNER: Bright Smile Dental Office Defined Benefit Plan
APPLICANT: Kunling Wu, Trustee
PROJECT PLANNER: Sean Mullin
FINDINGS
Required compliance with the Town Code:
■ As required by Section 29.80.095 of the Town Code for granting a Planned Development
Overlay Zone, the proposed amendment:
• Is consistent with Chapter 29, Article VIII, Division 2 of the Town Code in that it meets
the purpose and intent of a Planned Development Overlay;
• Is in conformance with the goals, policies, and applicable land use designations and
standards of the Town’s General Plan, including but not limited to Policies LU -1.3,
LU-1.4, LU-6.8, and LU-7.3;
• Is in conformance with the Town Code, Hillside Development Standards and Guidelines,
and the Hillside Specific Plan; and
• Does not include an amendment that would deviate from the residence size allowed by
the underlying zone.
Required consistency with the Town’s General Plan:
■ That the amendment to the Planned Development Overlay is consistent with the 2020
General Plan and its Elements, including but not limited to Policies LU-1.3, LU-1.4, LU-6.8,
LU-7.3, and LU-7.4; and that the amendment to the Planned Development Overlay zoning is
consistent with the existing General Plan designation.
EXHIBIT 2
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ORDINANCE 2097
ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE TOWN CODE
EFFECTING A ZONE CHANGE FROM RC AND HR -5 PREZONE TO HR -5:PD FOR
PROPERTY LOCATED AT 17101 HICKS ROAD AND 14045 SHANNON ROAD
THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN AS
FOLLOWS:
SECTION I
The Town Code of the Town of Los Gatos is hereby amended to change the zoning on
property at 17101 Hicks Road and 14045 Shannon Road (Santa Clara County Assessor Parcel
Numbers 537 -18 -001, 567 -24 -008 and 567 -23 -041) as shown on the map attached hereto as Exhibit
A, and is part of this Ordinance, from RC (Resource Conservation) and HR -5 (Hillside Residential,
5 Acres per Dwelling Unit) to HR -5:PD (Hillside Residential, 5 Acres per Dwelling Unit, Planned
Development).
SECTION II
The PD (Planned Development Overlay) zone established by this Ordinance authorizes the
following construction and use of improvements:
1. Demolition of two existing pre -1941 and two post -1941 single family residences and
one pre -1941 barn.
2. Construction of 13 new single - family dwelling units and reconstruction of one single -
family dwelling that was destroyed by fire.
3. Landscaping, streets, trails, and other improvements shown and required on the
Official Development Plan.
4. Dedication of 45.4 acres of hillside and riparian open space as shown on the Official
Development Plans.
5. Dedication of trail easements to the Town of Los Gatos as shown on the Official
Development Plans.
6. Uses permitted are those specified in the HR (Hillside Residential) zone by Sections
29.40.235 (Permitted Uses) and 29.20.185 (Conditional Uses) of the Zoning
Ordinance, as those sections exist at the time of the adoption of this Ordinance, or as
they may be amended in the future. However, no use listed in Section 29.20.185 is
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EXHIBIT 3
allowed unless specifically authorized by this Ordinance, or by a Conditional Use
Permit.
SECTION III
COMPLIANCE WITH OTHER DEVELOPMENT STANDARDS
All provisions of the Town Code apply, except when the Official Development Plan
specifically shows otherwise.
SECTION IV
Architecture and Site Approval and Subdivision Approval is required before construction
work for the dwelling units is performed, whether or not a permit is required for the work and before
any permit for construction is issued. Construction permits shall only be in a manner complying with
Section 29.80.130 of the Town Code.
SECTION V
The attached Exhibit A (Map), and Exhibit B (Official Development Plans), are part of the
Official Development Plan. The following conditions must be complied with before issuance of any
grading, or construction permits:
TO THE SATISFACTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT:
Planning Division
1. EXPIRATION/USE OF APPROVAL. The approval for the requested zone change from RC
Resource Conservation) and HR -5 prezone (Hillside Residential, 5 Acres per Dwelling
Unit) to HR -5:PD (Hillside Residential, 5 Acres per Dwelling Unit, Planned Development)
shall expire two years from the date of approval unless the application has been vested
pursuant to Town Code Section 29.20.320.
2. ARCHITECTURE AND SITE APPROVAL REQUIRED. A separate Architecture and Site
application and approval is required for the residential units proposed.
3. OFFICIAL DEVELOPMENT PLANS. The Official Development Plans provided is
conceptual in nature. Final footprints and building designs shall be determined during the
architecture and site approval process.
4. HOUSE SITING. The siting of the homes shall be determined during the Architecture &
Site approval process.
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5. RECYCLING. All wood, metal, glass and aluminum materials generated from the
demolished structures shall be deposited to a company which will recycle the materials.
Receipts from the company(s) accepting these materials, noting type and weight of material,
shall be submitted to the Town prior to the Town's demolition inspection and the issuance
of any building permits.
6. TREE REMOVAL PERMIT. A Tree Removal Permit shall be obtained for the removal of
any ordinance sized tree prior to the issuance of a Building, Grading or Encroachment
Permit.
7. FENCING. Fence locations shall be reviewed and approved during the Architecture & Site
review(s), including privacy and yard fencing. Developer will include in the CC &R's for the
project a restriction limiting the home owners from replacing the fence type as installed by
the Developer and as shown on the Official Development Plans, or as otherwise approved
during the Architecture & Site review(s). Any replacement or addition of other fence types
shall be restricted to open fence types including wood with wire mesh and wood or concrete
split -rail fencing. Solid fencing will be permitted only where installed by the Developer and
as shown on the approved development plans. CC &R's shall require fences to be set back
a minimum of 10 feet for from property lines.
8. BUILDING SQUARE FOOTAGE. All proj ect homes will be limited to a maximum size of
4,850 square feet with an average of 4,650 square feet, and at least 2/3 of the homes shall be
limited to a one story design. Final building design and size will be determined during
Architecture and Site review. No further expansion of the homes will be allowed unless this
Ordinance is amended by the Town Council. Lot 14 shall be developed under guidelines of
a replacement structure and shall be similar is size, mass and scale to the original home that
was destroyed by fire.
9. SETBACKS. The minimum setbacks are those specified by the HR -5 zoning district.
10. HEIGHT. The maximum height for single -story homes shall be 25 feet and the maximum
height for two -story homes shall be 30 feet.
11. EXTERIOR LIGHTING. All exterior lighting shall be reviewed and approved as part of the
Architecture & Site review(s). Lighting shall be down directed, and no street lighting shall
be included in the development. If it is determined that lighting is needed for safety reasons
at the intersection of Hicks Road and the new road into the development, a street light may
be required, but only if there is not alternative safety devices that can adequately delineate
the intersection. If it is determined that a new light must be installed, it shall be designed to
only illuminate the minimum area necessary for safety.
12. "BIOLOGICAL RESOURCES MITIGATION MEASURE 6 -3a. During the design phase,
the property owner /developer shall implement the following measures:
a. Any plan affecting trees shall be reviewed by the Consulting Arborist to ensure that
improvement plans, utility and drainage plans, grading plans, landscape and irrigation
plans, and demolition plans will not adversely affect the tree to be retained.
b. The horizontal and vertical elevations of trees to be preserved within development
areas shall be established and included on all plans.
C. The Consulting Arborist shall identify a Tree Protection Zone for trees to be
preserved in which no soil disturbance is permitted. For design purposes, the Tree
Protection Zone shall be defined by the dripline. Where development must encroach
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within the dripline, the Consulting Arborist shall identify an appropriate Tree
Protection Zone.
d. No underground services including utilities, sub - drains, water or sewer shall be
placed in the Tree Protection Zone.
e. Tree Preservation Notes shall be included on all plans.
f. Any herbicides placed under paving materials must be safe for use around trees and
labeled for that use.
g. Irrigation systems must be designed so that no trenching will occur within the Tree
Protection Zone.
13. "BIOLOGICAL RESOURCES MITIGATION MEASURE 6 -3b. During the pre -
construction phase, the property owner /developer shall take the following measures:
a. A fence shall be constructed around all trees to be retained and it shall completely
enclose the Tree Protection Zone prior to demolition, grubbing, or grading. Fencing
shall be 6 -foot chain link or equivalent. Fencing shall be placed at the dripline or as
otherwise directed by the Consulting Arborist. Fences are to remain until all grading
and construction is completed.
b. All trees to be retained shall be pruned within and adjacent to development areas
shall be reviewed by a certified arborist to determine which trees should be pruned
to clean the crown, reduce end weight and /or provide clearance. Tree #201 will
require pruning to reduce weight throughout the crown. Clearance shall be provided
by selectively thinning low - hanging lateral branches.
C. All pruning shall be performed by a Certified Arborist or Tree Worker in accordance
with the Tree Pruning Guidelines of the International Society of Arboriculture.
d. Prior to the start of any demolition and clearing, the Consulting Arborist will meet
with the demolition, grading and other relevant contractors to review limits of
construction activity, identify areas requiring fencing, identify trees to be removed
and review work procedures.
14. "BIOLOGICAL RESOURCES MITIGATION MEASURE 6-3C. Prior to the construction
phase of the project, the applicant shall take the following measures:
a. Any grading, construction demolition, or other work within the Tree Protection Zone
shall be monitored by the Consulting Arborist.
b. Any root pruning required for construction purposes shall receive the prior approval
of, and be supervised by, the Consulting Arborist.
C. If any injury to a tree should occur during construction, it should be evaluated as soon
as possible by the Consulting Arborist so that appropriate treatments can be made.
d. Root- injured trees have a limited capacity to absorb water. Therefore, it is important
to ensure adequate soil moisture in the area of active roots. One to several irrigations
may be needed for trees that are at risk of impacts. Irrigations shall be specified by
the Consulting Arborist.
e. No excess soil, chemical, debris, equipment or other materials shall be dumped or
stored within the Tree Protection Zone.
f. Any additional pruning required to provide clearance during construction shall be
performed by a Certified Arborist and not construction personnel.
15. "BIOLOGICAL RESOURCES MITIGATION MEASURE 6 -3d. Following construction,
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r
a comprehensive management plan for the trees shall be developed that considers the broad
objectives of development as well as the needs of the specific species. This management
plan shall specify pruning, fertilization, mulch, pest management, replanting and irrigation
requirements. In addition, provisions for monitoring both tree health and structural stability
following construction must be made a priority. As trees age, the likelihood of failure of
branches or entire trees increases. Therefore, the management plan must include an annual
inspection for hazard potential.
16. * *BIOLOGICAL RESOURCES MITIGATION MEASURE 6 -4. To minimize impacts on
nesting raptors, the applicant shall complete necessary pre- construction surveys and
monitoring. If it is not possible to schedule construction between August and February, then
pre- construction surveys for nesting raptors will be conducted by a qualified ornithologist
in order to ensure that no raptor nests will be disturbed during project construction. This
survey will be conducted no more than 15 days prior to the initiation of construction
activities during the early part of the breeding season (February through April) and no more
than 30 days prior to the initiation of these activities during the late part of the breeding
season (May through August). During this survey, the biologist will inspect all trees in and
immediately adjacent to the impact areas for raptor nests. If an active raptor nest is found
close enough to the construction area to be disturbed by these activities, the ornithologist, in
consultation with CDFG, will determine the extent of a construction -free buffer zone to be
established around the nest.
17. * *BIOLOGICAL RESOURCES MITIGATION MEASURE 6 -5a. To minimize impacts on
yellow warblers, the property owner /developer shall retain sycamore riparian habitat along
Shannon Creek and shall maintain setbacks of at least 50 feet between proposed development
and sycamore riparian habitat. If a small amount of development encroaches into this 50-
foot setback, then this encroachment (indirect impact) shall be mitigated by planting riparian
habitat at a 1:1 ratio.
18. * *BIOLOGICAL RESOURCES MITIGATION MEASURE 6 -5b. The property
owner /developer shall implement the following measures to minimize potential impacts on
any roosting bats:
a. Surveys shall be conducted up to one year in advance of building demolition and tree
removal, if possible, to determine if active roosts are present. These surveys shall not
substitute for pre - construction/pre - disturbance surveys for nesting raptors, as bats
could move on or adjacent to the site between survey periods. If roosting bats are
found during these surveys, either avoidance of the maternity roost season,
establishment of buffer zones or exclusion of bats shall be implemented as
appropriate.
b. Avoidance: Construction activities involving potential roost sites shall be conducted
outside the maternity roost season if the project commences after young are volant
by July 31 and finished before the formation of maternity roosts begins (as early as
March 1).
C. Pre - demolition Surveys and Buffer Zones: If the project schedule does not allow for
early detection surveys to occur, a pre - demolition survey for roosting bats shall be
conducted by a qualified bat biologist 14 days prior to construction as determined by
a Memorandum of Understanding with the California Department of Fish & Game
Page 5 of 17
CDFG) prior to any removal of buildings, particularly those with closed areas such
as an attic space, or trees 12 inches in diameter. No activities that would result in
disturbance to active roosts shall proceed prior to the completed surveys. If no active
roosts are found, then no further action is warranted. If a maternity roost were
present, a qualified bat biologist shall determine the extent of construction -free zones
around active nurseries located during surveys. CDFG shall also be notified of any
active nurseries within the construction zone.
d. Surveys: Initial surveys can be conducted any time prior to the pre - demolition
surveys to establish if a particular location has supported, or supports, roosting bats.
A survey for indications of nursery roosts shall be conducted prior to March 1. If
indications of a maternity roost are present, the structure can be removed or modified
before a maternity roost becomes reestablished.
e. Exclude Bats Prior to Construction Near Roost: Bats can be excluded after July 31
and before March 1 to prevent the formation of maternity colonies. Such non-
breeding bats can be safely evicted, under the direction of a qualified bat biologist,
by sealing crevices and providing them one -way exclusion doors. Such a device
should be employed in all expansion joints during dark hours as a temporary device
to prevent the formation of a maternity colony. In order not to exclude all potential
maternity roost habitat at once, only one -half of the expansion j oints should be sealed
at any one given time during the maternity colony- nesting season. This should allow
bats to leave during dark hours, thus increasing their chance of finding new roosts
with a minimum of potential predation during daylight. After construction, all
exclusion devices shall be removed to allow bats to re- establish habitat for colonies.
19. "BIOLOGICAL RESOURCES MITIGATION MEASURE 6 -6. The property
owner /developer shall implement the following protection measures to mitigate impacts to
the red - legged frog (see Addendum to the project EIR for additional details):
a. Avoidance to the extent possible.
b. Minimization. The project shall be designed, built and operated in the following
ways that will minimize both direct and indirect impacts to these species. Any
construction near or adjacent to the Shannon Creek drainage will be preceded by a
pre- construction survey. The existing culvert over the Shannon Creek drainage will
not be widened and will only be used as an EVA road. The primary egress and
ingress for the project will be off of Hicks Road. In addition, impacts relating to the
construction of the outfalls for the project are likely to be covered by the
Programmatic Section 7 for the red - legged frog. If formal consultation (via Section
7) for the red - legged frog is required, then the project applicant shall implement all
of the Minimization measures outlined in the Programmatic Section 7 Biological
Opinion.
C. Compensation by Wetland Creation. Any impacts from the project (i.e., outfalls)
shall be mitigated by creating habitat on -site at a minimum of 1:1 ratio.
d. Compensation by Riparian Restoration. A riparian restoration plan for mitigation
shall be developed by a qualified biologist. The mitigation area(s) should be
designed to expand existing riparian vegetation and re- create high quality riparian
habitat along the Shannon Creek drainage and northern drainage. The mitigation
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f °l
goal is to create and enhance riparian habitat with habitat functions and values equal
to, or greater than those existing along the Shannon Creek drainage and northern
drainage. The final species selection and configuration shall be determined during
final mitigation design. The trees and shrubs to be installed should be of local origin,
preferably contract grown from seed or cuttings from within five miles of the site.
e. A detailed monitoring plan including specific success criteria shall be developed and
submitted to The Town of Los Gatos for approval. The mitigation area will be
monitored in accordance with the plan approved by the Town. The basic components
of the monitoring plan are final success criteria, performance criteria, monitoring
methods, data analysis, as -built plans, monitoring schedule, contingency /remedial
measures and reporting requirements.
f. Specific success criteria and characteristics shall be developed during preparation of
the mitigation and monitoring plan. At a minimum, the final success criteria shall
include absolute percent cover by native trees and shrubs of 60% and 40 %,
respectively. The performance criteria should include tree and shrub survival at three
years of 80% of the original planting. If the final encroachment estimates exceed 1.0
acre, monitoring of the mitigation site shall be conducted for 10 years. Annual
monitoring reports shall be sent to the appropriate agencies. If the required
mitigation planting is less than 1.0 acres, monitoring shall be conducted annually for
five years.
g. During the development of the riparian restoration plan, an appropriate area (or areas)
shall be identified to replace encroachment impacts at a 1:1 basis.
h. Maintain Water Quality ofthe Watershed. The project shall be designed, constructed
and built in such a way as to maintain the water quality in the adjacent drainage
channels and ponds. Appropriate best management practices (BMPs) shall be
developed for the project.
20. SOLAR WATER SYSTEM. Each residence shall be pre - plumbed for a solar water heater
system prior to issuance of a certificate of occupancy.
21. COLOR REFLECTIVITY DEED RESTRICTION. Prior to the issuance of a building
permit, a deed restriction shall be recorded by the applicant with the Santa Clara County
Recorder's Office that requires all exterior paint colors to be maintained in conformance with
the Town's Hillside Development Standards.
22. SUBDIVISION REQUIRED. A separate tentative map application submittal and approval
is required for the proposed project prior to the issuance of building permits.
23. BELOW MARKET PRICE (BMP) IN -LIEU FEE: A Below Market Price (BMP) in -lieu fee
shall be paid by the property owner /developer pursuant to Town Code Section 29.10.3025
and any applicable Town Resolutions. The fee amount shall be based upon the Town
Council fee resolution in effect at the time a final or vesting tentative map is approved.
24. FINAL CC &R's. Final CC &R's shall be approved by the Town Attorney prior to the
recording of the Final Map. The CC &R's shall include provisions for traffic circulation,
vehicle parking enforcement procedures, and landscaping, exterior lighting and fencing
restrictions. The approved CC &R's shall become conditions of this Ordinance.
Building Division
Page 7 of 17
25. PERMITS REQUIRED. A building permit application shall be required for each proposed
structure. Separate Electrical /Mechanical /Plumbing permit shall be required as necessary.
26. CONSTRUCTION PLANS. The Conditions of Approval shall be stated in full on the cover
sheet of the construction plan submitted for building permit.
27. SIZE OF PLANS. The maximum size of construction plans submitted for building permits
shall be 24 inches by 36 inches.
28. PLANS. The construction plans for this project shall be prepared under direct supervision
of a licensed architect or engineer (Business and Professionals Code Section 5538).
29. DEMOLITION REQUIREMENTS. Contact the Bay Area Air Quality Management District
at (495) 771 -6000 and complete their process as necessary before obtaining a demolition
permit from the Town Building Department. No demolition work shall be done without first
obtaining a demolition permit from the Town.
30. SOILS REPORT. Two copies of a soils report, prepared to the satisfaction of the Building
Official, containing foundation and retaining wall design recommendations, shall be
submitted with the building permit application. This report shall be prepared by a licensed
civil engineer specializing in soils mechanics.
31. FOUNDATION INSPECTIONS. A pad certificate prepared by a licensed civil engineer or
land surveyor shall be submitted to the project building inspector upon foundation
inspection. This certificate shall certify compliance with the recommendations as specified
in the soils report and the building pad elevation and on -site retaining wall locations and
elevations are prepared according to approved plans. Horizontal and vertical controls shall
be set and certified by a licensed surveyor or registered civil engineer for the following items:
a. Pad elevation
b. Finish floor elevation
C. Foundation corner locations
32. RESIDENTIAL TOWN ACCESSIBILITY STANDARDS. The residences shall be designed
with adaptability features for single - family residences per Town Resolution 1994 -61.
a. Wooden backing (no smaller than 2- inches by eight- inches) shall be provided in all
bathroom walls at water closets, showers and bathtub, located at 34- inches from the
floor to the center of the backing, suitable for installation of grab bars.
b. All passage doors shall have a 36 -inch wide door including a five foot by five foot
level landing no more than one -inch out of plane with the immediate interior floor
level, with an 18 -inch clearance at interior strike edge.
C. Door buzzer, bell or chime shall be hard wired.
33. SOLAR HOT WATER HEATING. The residences shall be pre- plumbed for solar hot water
heating. The plans shall show the location of a stub and valve located in the attics for solar
heating use.
34. TITLE 24 ENERGY COMPLIANCE. California Title 24 Energy Compliance forms CR-
IR and MF -IR shall be printed on the construction plans.
35. HAZARDOUS FIRE ZONE. This project requires Class A roofing assembly.
36. TOWN FIREPLACE STANDARDS. New fireplaces shall be EPA Phase II approved
appliances per Town Ordinance 1905. Tree limbs within 10 feet of chimneys shall be cut.
37. SPECIAL INSPECTIONS. When a special inspection is required by UBC Section 1701, the
architect or engineer of record shall prepare an inspection program that shall be submitted
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0
to the Building Official for approval prior to issuance of any building permits, in accordance
with UBC Section 106.3.5. Please obtain Town Special Inspection form from the Building
Division Service Counter. The Town Special Inspection schedule shall be printed on the
construction plans.
38. NON -POINT SOURCE POLLUTION STANDARDS. The Town standard Santa Clara
Valley Non -point Source Pollution Control Program specification sheet shall be part of plan
submittal. The specification sheet is available at the Building Division service counter.
39. ADDITIONAL AGENCY APPROVALS REQUIRED. The project requires the following
agencies approval before issuance of a building permit:
a. West Valley Sanitation District 378 -2407
b. Santa Clara County Fire Department: 378 -4010
C. Lots 1 -13: Los Gatos School District: 335 -2000
d. Lot 14: Union School District: 377 -8010
Note: Obtain the school district forms from the Town Building Department, after the
Building Department has approved the building plans.
TO THE SATISFACTION OF THE DIRECTOR OF PARKS & PUBLIC WORKS:
Engineering Division
40. GRADING. Grading shall be kept to a minimum to construct the roads within the project.
Any future grading will be considered at the time of Architecture & Site review(s).
41. GRADING PERMIT. A grading permit is required for all on -site grading, erosion control
and improvements (roadway, storm drainage, utilities, lighting, etc.). A separate application
for a grading permit (with grading plans) shall be made to the Engineering Division of the
Parks & Public Works Department. The grading plans shall include final grading, drainage,
retaining wall location, driveway, utilities and interim erosion control. Unless specifically
allowed by the Director of Parks & Public Works, the grading permit will be issued
concurrently with the building permit.
42. SOILS REPORT. One copy of the soils and geologic report shall be submitted with the
grading permit application. The soils report shall include specific criteria and standards
governing site grading, drainage, pavement design, retaining wall design, and erosion
control. The report shall be signed and "wet stamped" by the engineer or geologist, in
conformance with Section 6735 of the California Business and Professions Code.
43. FINAL MAP. A final map shall be recorded. Two copies of the final map shall be submitted
to the Engineering Division of the Parks & Public Works Department for review and
approval. The submittal shall include closure calculations, title report and appropriate fees.
The map shall be recorded prior to issuance of any building permits for the project.
44. DEDICATIONS. The following shall be dedicated prior to issuance of any permits:
a. Hicks Road. A 40 -foot half street right -of -way with the chord of a 20 -foot radius at
the intersection with the new street.
b. Shannon Road. A 20 -foot half street right -of -way.
C. New interior streets. A 40 -foot street right -of -way with the chord of a 20 -foot radius
at all intersections and a standard 42 -foot radius cul -de -sac.
d. Public Service Easement (PSE). Ten (10) feet wide, next to the new street right -of-
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i
ways.
e. Ingress- egress, storm drainage and sanitary sewer easements, as required.
f. Trail Easement. Ten (10) to twenty (20) feet wide, as shown on the Official
Development Plan.
g. Emergency Access Easement. Twenty (20) feet wide, from the new public road to
Shannon Road, as shown on the Official Development Plans.
45. PUBLIC IMPROVEMENTS. The following improvements shall be installed by the
developer. Plans for those improvements shall be prepared by a California registered civil
engineer, reviewed and approved by the Town, and guaranteed by contract, Faithful
Performance Security and Labor & Materials Security before the issuance of a building
permit or the recordation of a map. The improvements must be completed and accepted by
the Town before a Certificate of Occupancy for any new building can be issued.
a. New Streets. Curb, gutter, new street paving, signing, striping, storm drainage and
sanitary sewers, as required. Curbs shall be rolled concrete to the satisfaction of the
Director of Parks and Public Works.
46. INSURANCE. One million dollars ($1,000,000) of liability insurance holding the Town
harmless shall be provided in a format acceptable to the Town Attorney before recordation
of the map.
47. TRAFFIC IMPACT MITIGATION FEE (RESIDENTIAL). The developer shall pay a
proportional the project's share of transportation improvements needed to serve cumulative
development within the Town of Los Gatos. The fee amount will be based upon the Town
Council resolution in effect at the time the request of Certificate of Occupancy is made. The
fee shall be paid before issuance of the Certificate of Occupancy. The traffic impact
mitigation fee for each new house in this project using the current fee schedule is $5,730.
The final fee shall be calculated from the final plans using the rate schedule in effect at the
time of the request for a Certificate of Occupancy. Credit shall be given for the house on Lot
14, where a house was previous located, and for the three residences to be demolished.
48. GENERAL. All public improvements shall be made according to the latest adopted Town
Standard Drawings and the Town Standard Specifications or as otherwise approved by the
Director of Parks and Public Works. All work shall conform to the applicable Town
ordinances. The adjacent public right -of -way shall be kept clear of all job related dirt and
debris at the end of the day. Dirt and debris shall not be washed into storm drainage
facilities. The storing of goods and materials on the sidewalk and /or the street will not be
allowed unless a special permit is issued. The developer's representative in charge shall be
at the job site during all working hours. Failure to maintain the public right -of -way
according to this condition may result in the Town performing the required maintenance at
the developer's expense.
49. ENCROACHMENT PERMIT. All work in the public right -of -way will require a
Construction Encroachment Permit. All work over $5,000 will require construction security.
50. PUBLIC WORKS INSPECTIONS. The developer or his representative shall notify the
Engineering Inspector at least twenty -four (24) hours before starting an work pertaining to
on -site drainage facilities, grading or paving, and all work in the Town's right -of -way.
Failure to do so will result in rejection ow work that went on without inspection.
51. GRADING MORATORIUM. No grading or earth- disturbing activities shall be initiated in
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hillside areas between October 1 and April 15 of each year. For grading operations
commenced before October 1, all grading or earth - disturbing activities shall cease October
15 and will not be allowed to restart until April 15. Grading permits will not be issued
between September 15 and April 15. These limitations include, but are not limited to these
items: driveways, building pads, foundation trenches and drilled piers, retaining walls,
swimming pools, tennis courts, outbuildings and utility trenches. Install interim erosion
control measures, shown on the approved interim erosion control plan, by October 1, if final
landscaping is not in place. Maintain the interim erosion control measures throughout the
October 1 to April 15 period.
52. GRADING INSPECTIONS. The soils engineer or her /his qualified representative shall
continuously inspect all grading operations. The soils engineer shall submit a final grading
report before occupancy /Certificate of Completion.
53. SURVEYING CONTROLS. Horizontal and vertical controls shall be set and certified by
a licensed surveyor or registered civil engineer qualified to practice land surveying, for the
following items:
a. Retaining wall - -top of wall elevations and locations.
b. Toe and top of cut and fill slopes.
C. Top of future curb along one side of the new street.
54. EROSION CONTROL. Interim and final erosion control plans shall be prepared and
submitted to the Engineering Development Division of the Parks & Public Works
Department. A Notice of Intent (NOI) shall be submitted to the San Francisco Bay Regional
Water Quality Control Board. A Storm Water Pollution Prevention Plan (SWPPP) shall be
submitted to the Town Engineering Division concurrently with the grading permit
application. Grading activities shall be limited to the period of least rainfall (April 15 to
October 1). A maximum of two weeks is allowed between clearing of an area/building on
an area if grading is allowed during the rainy season. In addition, straw bales and plastic
sheeting shall be stored on -site for emergency control, if needed. Install fiber berms, check
dams, retention basins, silt fences, erosion control blankets and fiber rolls as needed on the
project site, to protect down stream water quality during winter months.
55. SILT AND MUD IN PUBLIC RIGHT -OF -WAY. It is the responsibility of contractor and
home owner to make sure that all dirt tracked into the public right -of -way is cleaned up on
a daily basis. Mud, silt, concrete and other construction debris SHALL NOT be washed into
the Town's storm drains or creeks.
56. NPDES REQUIREMENTS. All work within the project shall be in conformance with the
National Pollution Discharge Elimination System permit issued to local agencies within
Santa Clara County by the San Francisco Bay Regional Water Quality Control Board on
October 17, 2001.
57. FISH & GAME REQUIREMENTS. A "1603" permit shall be obtained for the California
Department of Fish & Game for proposed improvements in or near riparian areas within that
agency's jurisdiction. A copy of the permit shall be provided to the Parks & Public Works
Department before any permits are issued /final map is recorded.
58. UTILITIES. The developer shall install all utility services, including telephone, electric
power and all other communications lines underground, as required by Town Code
27.50.015(b). Cable television capability shall be provided to all new lots.
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59. RESTORATION OF PUBLIC IMPROVEMENTS. The developer shall repair or replace all
existing improvements not designated for removal that are damaged or removed because of
developer's operations. Improvements such as, but not limited to: curbs, gutters, sidewalks,
driveways, signs, pavements, raised pavement markers, thermoplastic pavement markings,
etc. shall be repaired and replaced to a condition equal to or better than the original
condition. Existing improvement to be repaired or replaced shall be at the direction of the
Engineering Construction Inspector, and shall comply with all Title 24 Disabled Access
provisions. Developer shall request a walk - through with the Engineering Construction
Inspector before the start of construction to verify existing conditions.
60. DRIVEWAY APPROACH. The developer shall install a minimum of one (1) Town
standard residential driveway approach for each lot. The new driveway approaches shall be
constructed per Town Standard Detail.
61. LOT 14 DRIVEWAY. The driveway to Lot 14 shall be the minimum width required to
provide fire access. The intent is to minimize the visibility of the driveway.
62. AS -BUILT PLANS. After completion of the construction of all work in the public right -of-
way or public easements, the original plans shall have all changes (change orders and field
changes) clearly marked. The "as- built" plans shall again be signed and "wet- stamped" by
the civil engineer who prepared the plans, attesting to the changes. The original "as- built"
plans shall be review and approved the Engineering Construction Inspector. A Mylar of the
approved "as- built" plans shall be provided to the Town before the Faithful Performance
Security is released.
63. SANITARY SEWER LATERAL. Sanitary sewer laterals are televised by West Valley
Sanitation District and approved by the Town of Los Gatos before they are used or reused.
Install a sanitary sewer lateral clean -out at the property line of each new lot.
64. SIDEWALK REPAIR. The developer shall repair and replace to existing Town standards
any sidewalk damaged now or during construction of this project. Sidewalk repair shall
match existing color, texture and design, and shall be constructed per Town Standard Detail.
The limits of sidewalk repair will be determined by the Engineering Construction Inspector
during the construction phase of the project.
65. CURB AND GUTTER. The developer shall repair and replace to existing Town standards
any curb and gutter damaged now or during construction of this project. New curb and gutter
shall be constructed per Town Standard Detail. The limits of curb and gutter repair will be
determined by the Engineering Construction Inspector during the construction phase of the
proj ect.
66. CURB RAMPS. The developer shall construct curb ramp according to State Standard
Drawings at all intersections. The actual "Case" as shown on the standard to be used will
be decided by the Engineering Construction Inspector during the construction phase of the
proj ect.
67. "HYDROLOGY AND WATER QUALITY MITIGATION MEASURE 7 -3. Energy
dissipaters should be provided at the outfalls of proposed storm drains to minimize the
increased potential for erosion hazards due to project development.
68. "HYDROLOGY AND WATER QUALITY MITIGATION MEASURE 7 -4. A Storm
Water Pollution Prevention Plan (SWPPP) shall be prepared prior to start of construction.
The SWPPP and project plans shall be reviewed by the Town Engineering staff. The
Page 12 of 17
C.
SWPPP shall be in conformance with the Santa Clara County NPDES Permit as amended
by the San Francisco Bay Regional Water Quality Control Board ( RWQCB) on October 17,
2001. The SWPPP shall be approved concurrently with the grading, drainage and erosion
control plans. Reference the Addendum to the EIR for additional details.
69. * *HYDROLOGY AND WATER QUALITY MITIGATION MEASURE The proj ect design
shall incorporate water quality mitigation measures in accordance with current NPDES
requirements. Water quality measures should include use of biofilters, drainage swales, and
detention facilities to mitigate non -point source impacts. In addition, the SCVWD and
RWQCB recommend the incorporation of site planning design measures to help reduce
potential contributions of urban pollutants from the project. See the Addendum to the EIR
for additional details.
70. * *TRANSPORTATION AND TRAFFIC MITIGATION MEASURE 8 -2. In order to
minimize potential traffic safety impacts the property owner /developer shall take the
following measures:
a. Adequate sight distance shall be provided for the project access road /Hicks Road
intersection through removal of vegetation and grading of the embankment.
b. A stop sign shall be installed to control traffic on the project access road to Hicks
Road. The stop sign for the proposed driveway shall be located along and parallel
to the north edge of pavement on Hicks Road.
C. Warning signs shall be installed indicating a "T" intersection along Hicks Road
approaching the new driveway. These signs shall be located approximately 300 feet
east and west of the project entrance /Hicks Road intersection.
d. Traffic reflectors shall be installed on the south side of Hicks Road at the intersection
with the entrance road to the project.
71. * *TRANSPORTATION AND TRAFFIC MITIGATION MEASURE 8 -3. A separate
pedestrian trail shall be installed along the north side of Hicks Road.
72. "TRANSPORTATION AND TRAFFIC MITIGATION MEASURE 8 -4. Use of trails by
bicyclists, particularly the trail parallel to Hicks Road, shall be considered during
Architecture and Site review. In addition, design issues such as the appropriateness of trail
widths, pavement versus compacted earth, and trailhead facilities shall be considered during
Architecture and Site Review.
73. GEOTECHNICAL REVIEW OF SUBDIVISION IMPROVEMENT PLANS. The project
geotechnical consultant shall review and approve all geotechnical aspects of the subdivision
improvement plans to ensure that their recommendations have been properly incorporated.
The results of the plan review shall be summarized by the geotechnical consultant in a letter
and submitted to the Town Engineer for review, prior to issuance of permits for construction
of subdivision level improvements.
74. GEOTECHNICAL PLAN REVIEW (LOTS 1 THROUGH 13). The project geotechnical
consultant shall review and approve all geotechnical aspects of the project building and
grading plans for individual residences on Lots 1 through 13. To ensure that their
recommendations have been properly incorporated. The consultant shall verify that
recommended measures to address potential debris flows on Lot 6, and potential co- seismic
ground deformation on Lots 1 and 13 have been incorporated.
75. GEOTECHNICAL INVESTIGATION (LOT 14). The project geotechnical consultant shall
Page 13 of 17
0
complete a site specific soil and foundation investigation as a basis for preparing
recommended geotechnical design parameters for Lot 14 residential improvements. The
results of this investigation shall be submitted to the Town for review by the Town Engineer
and Town Geotecbnical Consultant prior to approval of a site specific development plan.
76. GEOTECHNICAL FIELD INVESTIGATION. The project geotechnical consultant shall
inspect, test (as needed), and approve all geotechnical aspects of the project construction.
The results of these inspections and the as -built conditions of the project shall be described
by the project geotechnical consultant in a letter and submitted to the Town Engineer for
review prior to final inspection.
For further detail on conditions 71 through 74, see the letter from Cotton, Shires &
Associates dated February 12, 2002.
Parks Division
77. AERATION TUBES. All impervious surface encroaching under the dripline of existing
trees shall have aeration tubes installed and these tube locations shown on the plans.
78. IRRIGATION. All newly planted landscaping shall be irrigated by an in- ground irrigation
system. Special care shall be taken to avoid irrigation which will endanger existing native
trees and vegetation.
79. BUILDING FOUNDATIONS: Any buildings under the dripline of existing trees shall have
a foundation built from pier and grade beam to minimize impaction on existing trees.
80. TREE STAKING: All newly planted trees are required to be double staked to Town
standards.
81. GENERAL. All existing and newly planted trees shown on the plan are specific subjects of
approval of this plan and must remain on site.
82. IRRIGATION SYSTEM. Water efficient irrigation systems shall be utilized to conserve
water in all project irrigation of publicly landscaped areas.
83. VEGETATIVE SCREENING. Vegetative screening shall be used along the development
edges, where appropriate, to soften views of peripheral buildings and to integrate landscaping
and native vegetation.
84. WATER EFFICIENT ORDINANCE. This project is subject to the Town's Water Efficient
Ordinance. A fee of $472 is required when the landscape, irrigation plans, and water
calculations are submitted for review.
85. TREE PROTECTION. Tree protection fencing shall be placed at the dripline of existing
trees to be saved in the area of construction. Fencing shall be four feet high chain link
attached to steel poles driven two feet into the ground when at the dripline of the tree. If the
fence has to be within eight feet of the trunk of the tree a fence base may be used, as in a
typical chain link fence that is rented. The fencing must be inspected and approved by the
Parks Superintendent and must be installed prior to issuance of a grading and /or building
permit.
86. ORNAMENTAL LANDSCAPING. All formal landscaping shall be within 30 feet of the
perimeter of the houses. Any planting beyond the 30 -foot perimeter shall be native
vegetation that is drought and fire resistant, and planted in natural clusters.
87. LANDSCAPE GUIDELINES. The adopted landscape guidelines and native plant lists shall
include the recommendations of the Town consulting arborist, except that lawn areas shall
Page 14 of 17
not exceed 5,000 square feet. The landscape guidelines are attached as Exhibit C.
Page 15 of 17
Cs
TO THE SATISFACTION OF THE SANTA CLARA COUNTY FIRE DEPARTMENT:
88. WATER SUPPLY. Two water tanks with a capacity of 10,000 Gallons and one wharf style
hydrant shall be provided unless the proposed public water system can be extended to
provide appropriate lot protection, or other acceptable means of fire protection can provided
as authorized by the Fire Department. Installations shall conform with Fire Department
Standard Details and Specifications W -1.
89. FIRE APPARATUS(ENGINE) ACCESS. Provide access roadways with apaved all weather
surface and a minimum unobstructed width of 20 feet, vertical clearance of 13 feet 6 inches,
minimum circulating turning radius of 36 feet outside and 23 feet inside, and a maximum
slope of 15 %. Installations shall conform with Fire Department Standard Details and
Specifications A -1.
90. FIRE APPARATUS (ENGINE) TURN - AROUND REQUIRED. Provide an approved fire
department engine roadway turnaround with a minimum radius of 3 6 feet outside and 23 feet
inside. Installations shall conform with Fire Department Standard Details and Specifications
A -1. Cul -De -Sac Diameters shall be no less than 64 feet.
91. FIRE APPARATUS (HYDRANT). Where buildings exceed 150 feet travel distance from
the street either an on -.site (private) hydrant or an approved residential fire sprinkler system
shall be provided.
92. PUBLIC FIRE HYDRANT(S) REQUIRED. Provide public fire hydrant(s) at location(s) to
be determined jointly by the Fire Department and the San Jose Water Company. Maximum
hydrant spacing shall be 500 feet, with a minimum single hydrant flow of 1,750 GPM at 20
psi, residual. Consult with San Jose Water Company relative to main sizing requirements
and hydrant spacing. Prior to applying for building permit, provide civil drawings reflecting
all fire hydrants proximal to the site. To prevent building permit delays, the developer shall
pay all required fees to the water company as soon as possible.
93. TIMING OF REQUIRED WATER SUPPLY INSTALLATIONS. Installations of required
fire service(s) and fire hydrants(s) shall be tested and accepted by the Fire Department, prior
to the start of framing or delivery of bulk combustible materials. Building permit issuance
may be delayed until required installations are completed, tested, and accepted.
94. TIMING OF REQUIRED ROADWAY INSTALLATIONS. Required driveways and /or
access roads up through first lift of asphalt shall be inspected and accepted by the Fire
Department prior to the start of construction. Bulk combustible materials shall not be
delivered to the site until installations are completed as stated above. Building permit
issuance may be delayed until installations are completed.
95. FIRE APPARATUS (HYDRANT). Prior to project inspection, the general contractor shall
ensure theat a "Blue" dot has been placed in the roadway as directed by the Fire Department.
96. HOUSE NUMBERS. Approved numbers or addresses shall be placed on all new and
existing buildings in such a position as to be plainly visible and legible from the street or
road fronting the property. Numbers shall contrast with their background.
SECTION VI
This Ordinance was introduced at a regular meeting of the Town Council of the Town of Los
Page 16 of 17
Gatos on March 4, 2002, and adopted by the following vote as an ordinance of the Town of Los
Gatos at a meeting of the Town Council of the Town of Los Gatos on March 18, 2002 and takes
effect 30 days after it is adopted.
COUNCIL MEMBERS:
AYES: Steven Blanton, Sandy Decker, Steve Glickman, Joe Pirzynski,
Mayor Randy Attaway.
NAYS: None
ABSENT: None
ABSTAIN: None
SIGNED:
MAYOR OF E TOWN OF OS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
1-7
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
Page 17 of 17
f 'a
yr
HR-5
Prezone
HR-2 1/2
HR-6
Prezone
RC HR-20
Prezone Prezone1
GENERAL DEVELOPMENT PLAN
LANDS OF THE DAGNEY GROUP. LLC
TOWN OF LOS GATOS, CALIFORNIA
SHANNON VALLEY RANCH
BY
GREENBRIAR HOMES COMMUNITIES, INC.
TABLE OF CONTENTS
SHEET NO. DESCRIPTION
1. COVER SHEET
2• CONCEPTUAL LAND USE PLAN
3. CONCEPTUAL SITE PLAN / CIRCULATION PLAN
4• LEAST RESTRICTIVE DEVELOPMENT AREA
5• CONCEPTUAL GRADING PLAN
6. UTILITY PLAN
7. SITE SECTIONS
S. TREE NOTES
9. SCHEMATIC LANDSCAPE PLAN
RECEVED
JAN - 3 2002
TOWN OF LOS GATOS
PLANNING DEPARTMENT
flEV: PEV: M",
MATCH LINE A 575 -02 -013 umwx w. R0"0 Q
SEE BELOW ` \\
LANDS OF
t Cltt OF SAN JOSE D) a
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ce E- N '
r °i,.•,'\\ °
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y cIII SITE
II Y II N ° II 557- 23 -040
LANDS OF CHRISTIAN
CHURCH OF LOS GATOS
8.632 Ac.
VICINITY MAP
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CONCEPTUAL
LAND USE PLAN E +
LANDSbFSTERANHAs J / 111 /f\ / o ®
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UE:I'.eo. LANDS OF THE DAGNEY GROUP. L.L.C. z
c pBNMZ .. . / MATCH
LINE A ^, ` I8 y _
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DEVELOPMENT AREA
LANDS OF THE UAGNEY GROUP, L.L.C.
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LOTS TOTAL 23627 23827 i \ \ ` 575-02-013
TYPICAL DRIVEWAY SECTION STREET 3071 2305 ' l LANDS
xls) TRAIL 1970 1394 \\\ M_OF -SAR.
So NOISE— IN Kuss vs.., TOTAL 28868
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PLAN 027 56
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w
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SITE SECTION A - A
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SHEET 7 OF 9
SITE SECTIONS
LANDS OF DAGENEY GROUP, L.L.C.
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SITE SECTION C -C
SITE SECTION B -B
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SITE SECTIONS
LANDS OF DAGENEY GROUP, L.L.C.
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CIRCULATION PLAN a
LANDS OF THE DAGNEY GROUP, LLC. _
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CONCEPTUAL SITE PLAN
CIRCULATION PLAN a
LANDS OF THE DAGNEY GROUP, LLC. _
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CIRCULATION PLAN a
LANDS OF THE DAGNEY GROUP, LLC. _
If
I
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14
Op kee
N1
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Legend
r,
24" Box Tress In InfOrz"'C"'t')
z
Tree Mart" h Rip,
W'.tlan Arad.
CID 'z
ca
L
E.I.tirs Trees to Remain
CID
ca
3 Roll Pon..
cn_
Open Kro F.nl.
Tree Palette
Lagarstroamia x fouriel Crops S4jrtle
Fists.]. 'Kin.nes, aln.se Pl.t..h.
so
Tipali.
1/
011ay Oak I
0'... . lat'at. Coast Live Oak
Sequoia ..Mp ... Iran$ Coast Redwood
Tree Palette
cormyq spa. Dag ... al va'l.ti.s
F.P.I., F .n,ortll Fr.nnsrt Cottonwood
Ouar.. agqlif.11. Coast Live Oak
Sall. W.I.I.Pis Arr.p Hills.
Midivriserrg
Note:
open Kra Fr.0 will to located Individually
on each lot based on the final house
FM Cls le.,stlor, Fine I ... tion. .111 be
daterinlited at a later date.
Op kee
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TREE LIST
ildi REtl6 1RUxx ILGMx PIgFO5D1 CODUfNf
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TREE UST
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aWFpItWAW NWRER OF OFOES ON ]NE pROFE , 9] 0
1. NUNFER OR iREES SOFYEYE 53
It— ww is.. Ci JFEES ]O BE RE,MKO'. SO
mmroAv F WPRO %INAK NUY$A O! TREES TO OE PRMEFvE FIL
sit
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OI RflI: QS -OI -
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Rn SHEET 8 OF
9 — TREE
NOTES LANDS OF THE DAGNEY GROUP, L.L.
C. TREE Summ,"
IRY aWFpItWAW NWRER OF OFOES ON ]NE pROFE , 9]
0 1. NUNFER OR iREES SOFYEYE
53 It— ww is.. Ci JFEES ]O BE RE,MKO'.
SOmmroAv F WPRO %INAK NUY$A O! TREES TO OE PRMEFvE
FIL REV 49 -05 -
OI RflI: QS -OI -
OIRI
R R..nm
Rn SHEET 8 OF
9 — TREE
NOTES LANDS OF THE DAGNEY GROUP, L. L.
PROPOSED LANDSCAPE GUIDELINES
FOR
SHANNON VALLEY RANCH
1. Use native plants, particularly along property boundaries or in corridors viewed from nearby
properties. Select trees from the Town's List of Approved Trees and shrubs and ground
cover from the Suggested and Supplemental native plant lists attached.
2. Use the landscape plan to address the particular needs of the property such as controlling
erosion, providing privacy, creating shade, and softening or mitigating the appearance of
structures.
3. Create a SIMPLE and elegant planting scheme that is not elaborate.
4. Make use of existing plant material, especially indigenous grasses, chaparral and oaks. Do
not replace with incompatible plant materials. Refer to the Town's List of Approved Trees
and the attached Suggested and Supplemental plant lists.
5. Plant in random groupings (cluster planting) rather than in linear form. Allow plants and
shrubs to appear to flow across property lines. Avoid a cultivated, formal appearance.
6. Whenever possible leave large areas in grasses and other indigenous plants.
7. Use appropriate plant material in each location such as Alders and Redwoods in damp,
shady locations and Oaks in dry, open areas.
8. Consider the future height of trees and shrubs such that major views on -and off -site will not
become obstructed.
9. Avoid the introduction of non - indigenous trees that would dramatically alter the character of
the landscape.
10. Planting or building of any types of structures within trail easements or conservation
easements is prohibited.
11. Adjacent to street rights -of -way or trail easements avoid plantings that would restrict sight
distance, require unusual maintenance to keep easements open, or interfere with already
established indigenous plantings.
12. Utilize drip or bubbler irrigation to establish plantings. Minimize the use of spray irrigation.
13. Spray irrigation may be used to water lawn areas and to assist in fire suppression adjacent
and /or near structures.
14. Lawns shall be limited to 10% of a lot's area and shall be drought tolerant.
15. Fencing is not allowed at property lines. Any new or replacement fences shall be open and
rural, such as a wood, a wood -look polymer, or a concrete 3 or 4 -rail fence, with or without
wire mesh backing. Any wire mesh should be of a color that blends into the background and
not white.
16. The use of uplighting is prohibited.
17. Fountains and statues are prohibited in front yard spaces.
EXV1lb(e C
The first section of this list describes trees, shrubs, and ground covers which are indigenous to —
or living naturally in — Los Gatos. Therefore, not only for their beauty and contribution to the rural
aspect of the valley, but also because they are plants most likely to thrive with the least care, they
are highly recommended choices for use here.
A supplemental list follows the first and contains plants which, while not indigenous to Los Gatos,
are native to other parts of California and will perform well here.
NATIVE TREES
COAST LIVE OAK Quercus agrifolia
BLACK OAK Quercus kelloggii
VALLEY OAK Quercus Lobata
COAST REDWOOD Sequoia sempenrirens, including cultivars
DOUGLAS FIR Pseudotsuga menziesii
CALIFORNIA BAY LAUREL Umbellularia californica
BIG LEAF MAPLE Acermacrophyllum
MADRONE Arbutus menziesii
ISLAY OR WILD CHERRY Prunus ilifolia
CALIFORNIA BUCKEYE Aesculus californica
NATIVE SHRUBS
MANZANTA Arctostaphylos ssp., including hybrids
CALIFORNIA WILD LILAC Ceanothus ssp., including hybrids
COMMON FLANNEL BUSH Fremontodendro californicum
SILK TASSEL BUSH Garrya elliptica
TOYON, CHRISTMAS BERRY Heteromeles arbutifolia
COFFEEBERRY Rhamnus californica
NATIVE GROUND COVERS
CALIFORNIA WILD LILAC Ceanothus, low growing species
MANZATTA Arctostaphylos, low growing species
DWARF COYOTE BUSH Baccharis pilularis pilularis
NATIVE GRASSES Meadow Fescues — Bromes, Oats, Rye
SUPPLEMENTAL PLANT LIST
CALIFORNIA NATURALIZED
TREES
WHITE ALDER
WESTERN DOGWOOD, PACIFIC DOGWOOD
TANBARK, OR TAN OAK
BISHOP PINE
CALIFORNIA SYCAMORE
CANYON LIVE OAK
BLUE OAK
SHRUBS
CHAMISE
COAST OR CALIFORNIA SAGEBRUSH
SPICE BUSH
BUSH ANEMONE
WESTERN REDBUD
SUMMER HOLLY
CALIFORNIA HAZELNUT
ISLAND BUSH POPPY
BUSH POPPY
CALIFORNIA BUCKWHEAT
ST. CATHERINE'S LACE
FLANNEL BUSH
ISLAND SNAPDRAGON
CREAM BUSH
WHITE PITCHER SAGE
OREGON GRAPE
CALIFORNIA HOLLY GRAPE
BUSH MONKEY FLOWER
PLUMAS MONKEY FLOWER
PACIFIC WAX MYRTLE
LEATHER OAK
REDBERRY
COAST RHODODENDRON
LEMONADE BERRY
SUGARBUSH
ANY CALIFORNIA CURRANT OR GOOSEBERRY
MATILIJA POPPY
CALIFORNIA WILD ROSE
EVERGREEN HUCKLEBERRY
Alnus rhombifolia
Corpus nuttallii
Lithocarpus densiflorus
Pinus muricata
Platanus racemosa
Quercus chrysolepis
Quercus douglasii
Adenostoma fasciculatum
Artemisia californica
Calycanthus occidentalis
Carpenteria californica
Cercis occidentalis
Comarostaphylis diversifolia var. Planifolia
Corylus cornuta variety californica
Dendromecon harfordii
Dendromecon rigida
Eriogonum fasciculatum
Eriogonum giganleum
Fremontodendron — any are fine
Galvesia speciosa
Holodiscus discolor
Lepechinia calycina
Mahonia aquifolium
Mahonia pinata
Mimulus aurantiacus
Mimulus bifidus
Myrica californica
Quercus durata
Rhamnus crocea
Rhododendron occidentale
Rhus integrifolia
Rhus ovate
Ribes or Grossularia
Romneya coulteri
Rosa californica
Vaccinium ovatum
N
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EXHIBIT 8
PREPARED BY: SEAN MULLIN, 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: 05/11/2022 ITEM NO: 2
DATE: May 6, 2022
TO: Conceptual Development Advisory Committee
FROM: Joel Paulson, Community Development Director
SUBJECT: Conceptual Development Advisory Committee Application CD-22-003. Project
Location: 300 Mountain Laurel Lane. APN: 567-24-023. Property Owner: Bright
Smile Dental Office Defined Benefit Plan. Applicant: Kunling Wu, Trustee.
Requesting Preliminary Review of a Proposal to Amend the Planned
Development Ordinance to Increase the Maximum Residence Size Allowed on
Lot 14 on Property Zoned HR-5:PD.
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 600 feet of the project
site and to all properties within the Shannon Valley Ranch subdivision. 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.
EXHIBIT 9
PAGE 2 OF 6 SUBJECT: 300 Mountain Laurel Lane/CD-22-003 DATE: May 6, 2022
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BACKGROUND:
The subject property is approximately 8.14 acres located in the northern portion of the
Shannon Valley Ranch subdivision (Attachment 1). A single-family residence was once located
on the property, but was destroyed by fire prior to the 2004 subdivision. The property is the
last undeveloped residential property in the subdivision.
In March 2002, the Town Council considered a project at 17101 Hicks Road and 14045 Shannon
Road and approved Ordinance 2097, amending the General Plan land use designation from
Agricultural to Hillside Residential and a Planned Development (PD) to change the zoning from
HR-5:Prezone to HR-5:PD to allow subdivision of the property into 14 single-family lots and
three open space lots (Attachment 3). Architecture and Site applications for new residences on
Lots 1 through 13 were approved in 2002 and 2003. The subdivision was completed in
November 2004 and subsequent Building Permits were issued in December of 2004. The 13
new residences were completed by 2007. In 2009, the Town Council approved an amendment
to the PD to allow accessory structures on all 14 lots, provided they comply with the Hillside
Development Standards and Guidelines (HDS&G) (Attachment 4).
The original PD application was considered numerous times by the Development Review
Committee and the Planning Commission prior to the Council’s action in March 2002. During
the final Planning Commission meeting on January 23, 2002, two members of the public spoke
on the project, offering comments specific to the size of the replacement residence on Lot 14
(Attachment 5, highlighted text). Both commenters expressed concern on whether developing
Lot 14 was appropriate, with one commenter adding that if Lot 14 is to be developed, it should
be rebuilt in the original footprint and not turned into a 4,600 or 4,800 square foot home. The
motion to forward a recommendation of approval to the Town Council included an additional
performance standard that Lot 14 be developed under the guidelines of a replacement
structure, similar in square footage, mass, and scale to the original residence that was
destroyed by fire. This additional performance standard was forwarded to the Council and
included in Ordinance 2097 and the amended Ordinance 2172 (Attachments 3 and 4,
Performance Standard #8). The Town Council approved the project in March 2002 with the
additional performance standard as recommended by the Planning Commission.
Town records for Lot 14 do not provide much detail on the original residence that was
destroyed by fire. An April 20, 2016, letter from Greenbriar Homes Communities (applicant
under the original PD application) to Mr. Alan Barbie of the Sereno Group indicates that the
original home was one story and approximately 2,400 square feet (Attachment 6). Other
anecdotal information indicates that the size of the original residence was closer to 3,000
square feet. Given the incomplete nature of the records for Lot 14, staff has messaged that the
lot could be developed with a single-story residence with a maximum size of 3,000 square feet
to be located in the general area of the previous residence subject to Architecture and Site
approval.
PAGE 3 OF 6 SUBJECT: 300 Mountain Laurel Lane/CD-22-003 DATE: May 6, 2022
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BACKGROUND (continued):
In addition to Lot 14, Performance Standard #8 limits the sizes of the residences on Lots 1
through 13 to a maximum of 4,850 square feet, with an average size of 4,650 square feet
(Attachment 4, Performance Standard 8). Additionally, two-thirds of the 13 residences are
limited to a one-story design. The table below provides a summary of the development on Lots
1 through 13.
Summary of developed lots.
Lot Address Residence Stories Garage Accessory Structure
1 280 Shannon Oaks Ln 4,656 sf 1 768 sf --
2 282 Shannon Oaks Ln 4,815 sf 2 799 sf --
3 286 Mountain Laurel Ln 4,655 sf 1 811 sf --
4 288 Mountain Laurel Ln 4,612 sf 1 781 sf --
5 290 Mountain Laurel Ln 4,815 sf 2 799 sf --
6 299 Mountain Laurel Ln 4,327 sf 1 806 sf --
7 297 Mountain Laurel Ln 4,635 sf 1 811 sf --
8 293 Mountain Laurel Ln 4,611 sf 1 781 sf --
9 291 Mountain Laurel Ln 4,655 sf 1 811 sf --
10 289 Mountain Laurel Ln 4,315 sf 1 806 sf --
11 287 Mountain Laurel Ln 4,814 sf 2 799 sf 636 sf
12 283 Shannon Oaks Ln 4,605 sf 1 781 sf 960 sf
13 281 Shannon Oaks Ln 4,808 sf 2 799 sf --
AVERAGE RESIDENCE: 4,640 sf 69 percent single story
PROJECT DESCRIPTION:
The applicant has submitted a Conceptual Development Advisory Committee application
(Attachment 2) and a project description letter (Attachment 7) requesting preliminary review of
a proposal to amend the PD to allow for the construction of a residence larger than what the
PD currently permits on the subject property. The applicant’s letter indicates that they wish to
construct a single-story residence of 6,000 square feet. The applicant indicates that a larger
residence is needed to accommodate a large family and offers the following as justification for
the residence size:
• The proposed 6,000 square foot single-story residence would be consistent with the
development on neighboring properties;
• The current size limitation is not proportional to the size of the property (8.14 acres) or the
developable area (75,000 sf); and
• The high cost to develop a residence on the site is not proportional to the current size
limitation for a residence.
PAGE 4 OF 6 SUBJECT: 300 Mountain Laurel Lane/CD-22-003 DATE: May 6, 2022
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PROJECT DESCRIPTION (continued):
The applicant has provided a Site Plan showing a developable area of approximately 75,000
square feet (1.72 acres) served by a proposed 1,483-foot paved driveway with an average slope
of 17.1 percent (Attachment 7). The proposed driveway would follow the path of the existing
dirt driveway, taking access from the eastern end of Mountain Laurel Lane, rising approximately
250 feet along the western property line to the developable area identified by the applicant.
The slope of the proposed driveway would require an exception to the HDS&G, which limits
driveway slopes to a maximum of 15 percent and a maximum length of 300 feet.
Future development of the site as proposed would require an amendment to the PD Ordinance
and an Architecture and Site application, which would be subject to the Residential Design
Guidelines, HDS&G, and the Hillside Specific Plan.
EXISTING GENERAL PLAN, ZONING, AND PLANNING AREA:
1. General Plan land use designation: Hillside Residential, which provides for very low density
(0-1 dwelling units per net acre; up to 3.5 persons per acre), 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 the Town.
2. Zoning designation: HR-5:PD, Hillside Residential (five to 40 acres for each dwelling unit)
with a Planned Development overlay. The intent and purpose of the HR zone is to provide
for an orderly, harmonious development of the foothills and mountains resulting in the
minimum amount of disturbance of the natural terrain through existing residential density
to the natural slope to encourage and provide incentive for excellence in design principles
and engineering techniques, and to provide for a variety of dwelling types where land
assembly and a unified development scheme are more appropriate. Slope-density
regulations will be utilized to assist in relating the intensity of development to the steepness
of terrain in order to minimize grading, removal of vegetation, runoff, erosion, geologic
hazards, fire hazards, and to help ensure utilization of land in balance with its natural
capabilities to support development.
3. Surrounding zoning designations: HR-1 to the north and east, HR-5 to the west and south.
EXISTING CONDITIONS:
The subject property has a gross lot area of 354,458 square feet (8.14 acres) with an average lot
slope of 28 percent. When adjusted for slope per the HDS&G, the net lot area is 163,051
square feet (3.74 acres); which would allow for 6,000 square feet of development without the
limitations imposed by the existing PD Ordinance. The subject property takes access from the
east end of Mountain Laurel Lane via a dirt driveway along the western property line accessing
the northeastern portion of the property, where the original residence once stood. This portion
of the property is relatively flat encompassing approximately 75,000 square feet (1.72 acres).
PAGE 5 OF 6 SUBJECT: 300 Mountain Laurel Lane/CD-22-003 DATE: May 6, 2022
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EXISTING CONDITIONS (continued):
The majority of the remaining portions of the property are steeply sloped and are held in a
scenic conservation easement.
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. Policy LU-1.3 encourages preservation of 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.
b. Policy LU-1.4 states, 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.
c. Policy LU-6.8 states, new construction, remodels, and additions shall be compatible
and blend with the existing neighborhood.
d. Policy LU-7.3 states, infill projects shall contribute to the further development of
the surrounding neighborhood (e.g. improve circulation, contribute to or provide
neighborhood unity, eliminate a blighted area) and shall not detract from the
existing quality of life.
e. Policy LU-7.4 states, infill projects shall be designed in context with the
neighborhood and surrounding zoning with respect to the existing scale and
character of surrounding structures, and should blend rather than compete with
the established character of the area.
2. Zoning
a. Is the proposed residence size consistent with the PD zoning of the Shannon Valley
Ranch subdivision and the development on surrounding properties?
3. Circulation
a. Adequate access, that meets Town roadway and/or driveway requirements.
b. Driveway slopes would exceed the 15 percent limit in the HDS&G.
c. Driveway length would exceed the 300-foot limit in the HDS&G.
d. The Hillside Specific Plan prohibits access roads that result in excessive grading.
Would access and driveways require excessive grading?
e. Is a second means of emergency access/egress available?
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POTENTIAL CONSIDERATIONS AND ISSUES (continued):
4. Visibility
a. The potential visibility of the future single-family residences from the Town’s
established viewing areas will need to be analyzed pursuant to the HDS&G. The
applicant proposes a single-story residence, which may be more compatible with
the limitations for a visible residence.
5. Potential Tree Impacts
a. An arborist report will be required during the development review process to
evaluate the potential impacts to trees.
b. Will the proposed driveway be located to avoid tree impacts?
c. Do underground electrical and telephone utility lines impact trees?
d. Do the water and sanitary sewer lines impact trees?
6. Other
a. The project would be evaluated for utilities, stormwater management, and other
engineering considerations.
b. Would the proposed residence be located within the Least Restrictive Development
Area (LRDA) as required by the HDS&G?
PUBLIC COMMENTS:
Public comments received by 11:00 a.m., Friday, May 6, 2022, are included as Attachment 8.
ATTACHMENTS:
1. Location Map
2. CDAC Application
3. Ordinance 2097
4. Ordinance 2172
5. Planning Commission Minutes of January 23, 2002
6. Letter from Greenbriar Homes Communities, dated April 20, 2016
7. Project Description Letter with exhibits
8. Public comments received by 11:00 a.m., Friday, May 6, 2022
110 E. Main Street Los Gatos, CA 95030 ● 408-354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
CONCEPTUAL
DEVELOPMENT ADVISORY
COMMITTEE REPORT
DRAFT
MINUTES OF THE CONCEPTUAL DEVELOPMENT ADVISORY COMMITTEE MEETING
MAY 11, 2022
The Conceptual Development Advisory Committee of the Town of Los Gatos conducted a
Regular Meeting on May 11, 2022, at 4:00 p.m.
This meeting is being conducted utilizing teleconferencing and electronic means consistent
with Government Code Section 54953, as Amended by Assembly Bill 361, in response to the
state of emergency relating to COVID-19 and enabling teleconferencing accommodations by
suspending or waiving specified provisions in the Ralph M. Brown Act (Government Code §
54950 et seq.). Consistent with AB 361 and Town of Los Gatos Resolution 2021-044 this
meeting will not be physically open to the public and the Council and/or Commissioners will
be teleconferencing from remote locations. Members of the public can only participate in the
meeting by joining the Zoom webinar.
MEETING CALLED TO ORDER AT 4:00 PM
ROLL CALL
Present: Chair Jeffrey Barnett, Vice Chair Mary Badame, Vice Mayor Maria Ristow, and Planning
Commissioner Kathryn Janoff.
Absent: Planning Commissioner Reza Tavana
VERBAL COMMUNICATIONS
-None.
CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION)
1.Approval of Minutes – March 9, 2022
Amendment: Remove “and if positioned too close to the freeway.”
MOTION: Motion by Vice Chair Badame to approve the consent calendar with the
amendment proposed by Chair Barnett. Seconded by Vice Mayor
Ristow.
VOTE: Motion passed unanimously.
EXHIBIT 10
PAGE 2 OF 4 MINUTES OF CONCEPTUAL DEVELOPMENT ADVISORY COMMITTEE MEETING OF MAY 11, 2022
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PUBLIC HEARINGS
2. 300 Mountain Laurel Lane
Conceptual Development Advisory Committee Application CD-22-003.
Requesting Preliminary Review of a Proposal to Amend a Planned Development
Ordinance to Increase the Maximum Residence Size Allowed on Property Zoned
HR-5:PD. APN: 567-24-023.
PROPERTY OWNER: Bright Smile Dental Office Defined Benefit Plan
APPLICANT: Kunling Wu, Trustee of the Bright Smile Dental Office Defined Benefit Plan
PROJECT PLANNER: Sean Mullin
Project Planner presented the staff report.
Committee asked questions of the Staff.
Opened Public Comment.
Applicant presented the proposed project.
Tao Ning, Speaker for the Applicant
- They are applying for a single-story home. They want to be allowed to build up to but not
necessarily at 6,000 square feet. The houses on the current lots 1 to 13, range in size from
4,500 to 6,441 square feet in the immediate surroundings. The proposed house will only
have a single-story and hopefully lighting will not be a concern. The lot size is 8.1 acres with
7,500 square feet of buildable area. Current development estimates list a land value of $1.7
million and a building cost of $1 million. If a residential house were to be built, the cost
would be $2.7 million. If restricted to only 2,400 to 3,000 square feet, that would vastly
undervalue what they can develop on this property. SB 9 was passed to promote
development.
Committee asked questions of the Applicant.
Tao Ning, Speaker for the Applicant
- The definition of a big family includes the extended family of cousins, grandparent, parents,
one unmarried son, and any future grandchildren. Currently there are four adults.
- There is a tentative plan for sale to a third-party developer. If the restriction of 2,400 to
3,000 square feet cannot be amended, they would consider selling it to a third party. A
third party has not been defined.
PAGE 3 OF 4 MINUTES OF CONCEPTUAL DEVELOPMENT ADVISORY COMMITTEE MEETING OF MAY 11, 2022
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Kim Willingham, Neighbor
- The driveway for lot 14 is adjacent to their driveway. It is a very long steep way up. They
are concerned about the driveway speed and noise on the right side of their house. The
neighborhood is quiet with mainly retired residents and very few kids. They cannot tell
people how many can live in a home, but it does impact them. Does the 6,000 square feet
include an accessory structure? They are limited to the amount square feet they can have
in the HOA. Lot 14 is a part of the HOA.
Mitch, Secretary of Shannon Valley Ranch HOA
- Some of the house size comps used were part of another subdivision and not part of the
Shannon Valley Ranch HOA. The HOA home sizes are limited to 4,800 square feet. The size
of a lot 14 home was discussed at their board meeting when lot 14 was sold. They did not
object to lot 14 expanding beyond the original 2,500 sf size. But no other home in the HOA
is 6,000 square feet. The structure should stay within with the HOA home size limit. The
CCRs and board thought lot 14 was part of the HOA restrictions.
Tao Ning, Speaker for the Applicant
- The noise and traffic on the driveway should not be a significant burden to the community.
The grandparent will not be driving, just the other three adults. They work consistently
throughout the week and weekend. The traffic level would be nothing equal to a
commercial entity such as a preschool. There would be no young children coming in and
out.
Closed Public Comment.
Committee members discussed the matter and provided the following questions and
comments:
• The title was transferred in October 2020.
• No secondary access is planned at this time. Secondary access was considered from the
bottom of the hill at Mount Laurel Lane.
• CDAC is not here to approve, but to bring up what could be potential issues. What can
be built is regardless of who might or will live there. Projects might change after
approval. People move. Who will be living there, is a secondary consideration.
• How does SB 9 tie into this? With the HOA there are restrictions on how many
structures, how big a development, etc. For example, FAR vs HOA restriction, which
takes precedence?
• According to staff the SB 9 ordinance is not applicable to the PD. The PD is an overlay
zone. If there’s a limitation on FAR in the PD it takes precedence over any underlying
zone.
• This is a recently established development. It has a cohesive spread out look. The lot
should be under the HOA restrictions.
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• The driveway length will probably require an exception for length and grading.
• It’s a recently established planned development. There are advantages and
disadvantages for living in a planned development. It’s hard for a deciding body to
change that.
• Concerned about the lack of secondary access for fire safety. Making an exception is a
tough call. Fire safety and the lives of people should be the number one concern.
• The driveway seems excessively long. Is it possible to gain secondary access from Santa
Rosa or a street closer to the building site?
• According to staff, secondary access from Santa Rosa requires easements from one or
two private parties. Staff would check should an application come forward.
• If the committee allowed a 6,000 square foot expansion, would that open it up to the
other lots? The committee is concerned about creating a problem.
• Lighting would double when expanding from a 3,000 to 6,000 square foot structure.
• This PD was already looked at by DRC, the Planning Commission, and twice by the Town.
The circumstances have not changed. I am reluctant to see that change.
• There is a history of compatibility of the house being at 6,000 square feet to the
remaining lots 1 to 13 at 4,850 square feet. The General Plan policy requires
compatibility with the scale and character of the surrounding structures.
• Placement on the ridge causes concern.
• Concerned about the slope and length of the driveway for fire safety and other reasons.
• According to staff, a formal LRDA analysis was probably not done before this meeting.
It was probably identified by just looking at the topo map for the flattest portion of the
property and where the former home was located. With an Architecture and Site
application, staff would look at the LRDA, etc.
OTHER BUSINESS
- None.
ADJOURNMENT
The meeting adjourned at 4:37 p.m.
This is to certify that the foregoing is a true
and correct copy of the minutes of the
May 11, 2022 meeting as approved by the
Conceptual Development Advisory Committee.
/s/ Joel Paulson, Community Development Director
Page 1 of 2
Kunling Wu
Trustee of the Bright Smile Dental Office Defined Benefit Plan
703 Chatsworth Place
San Jose, CA 95128
Phone: 650-796-1887
November 11, 2022
RE: Proposal Responding to the Issues Involved in Conceptual Development Advisory
Committee Meeting of May 11, 2022
Town of Los Gatos
Community Development Department
Civic Center
110 E. Main Street
Los Gatos, CA 95030
Dear Sir and Madam,
The main Issues/concerns involved in Conceptual Development Advisory Committee Meeting of
May 11, 2022 are as follows:
THE HOME SIZE TO BE BUILT ISSUE/CONCERN:
— The structure should stay within with the HOA home size limit. RESPONSE TO THE ISSUE:
— We are currently applying for building an one story single house with the size of
4850 square feet at 300 Mountain Laurel Lane, Los Gatos, CA 95032 (Lot 14, APN #
567-24-023), NOT 6,000 square feet. The home size of 4850 square feet is the size
allowed by the Shannon Valley Ranch Home Owners Association.
— The Shannon Valley Ranch Home Owners Association has approved our application
of building the house with 4850 square feet (please see the Attachment-1 Letter from
the Shannon Valley Ranch Home Owners Association).
— The neighbor (Mr. Kim Willingham) that is the closest our property (Lot 14) has also
supported us to build the house with 4850 square feet (please see the Attachment-2
Document Signed by Mr. Kim Willingham and his wife).
THE FORMAL LRDA ANALYSIS ISSUE/CONCERN:
— A formal LRDA analysis was probably not done before this meeting. RESPONSE TO THE ISSUE:
— We have completed a formal Least Restricted Building Area (LRBA) (please see the
Attachment-3 Formal Least Restricted Building Area drawing).
THE DRIVEWAY SPEED AND NOISE
EXHIBIT 11
Page 2 of 2
ISSUE/CONCERN:
— They are concerned about the driveway speed and noise on the right side of their
house. RESPONSE TO THE ISSUE:
— The driveway speed is controlled by related regulations no matter how big the house's
size is.
— The driveway noise should NOT have an obvious increase compared to build a house
with 3000 square feet because of no big increase of the population living in the house.
THE DRIVEWAY SLOPE AND LENGTH FOR FIRE SAFETY ISSUE/CONCERN:
— Concerned about the slope and length of the driveway for fire safety. RESPONSE TO THE ISSUE:
— Plans are Approved as submitted by Santa Clara County Fire Department (please see
the Attachment-4 Plan Review No. 22 3293).
THE LIGHTING ISSUE/CONCERN:
— Lighting would double when expanding from a 3,000 to 6,000 square foot structure. RESPONSE TO THE ISSUE:
— The lighting should NOT be a issue based on the following reasons: Firstly, the house
that we are currently applying to build is an ONE STORY single house with the size
of 4850 square feet. Secondly, the house will be built following related regulations.
PLACEMENT ON THE RIDGE ISSUE/CONCERN:
— Placement on the ridge causes concern. RESPONSE TO THE ISSUE:
— There are many houses located close by the house that we will build.
— Some of the houses are bigger than 4850 square feet and the locations of many houses
are higher than the location of our house to be built.
— We'll build the house following related regulations.
Sincerely,
Kunling Wu
Enclosures: Attachment-1 Letter from the Shannon Valley Ranch Home Owners Association Attachment-2 Document Signed by Mr. Kim Willingham and his wife Attachment-3 Formal Least Restricted Building Area drawing Attachment-4 Plan Review No. 22 3293
BLDG
PERMIT No.
410422PLAN
REVIEW No.
DEVELOPMENTAL REVIEW COMMENTS
Plans and Scope of Review:
This project shall comply with the following:
The California Fire (CFC) & Building (CBC) Code, 2019 edition, as adopted by the Town of Los
Gatos Town Code (LGTC), California Code of Regulations (CCR) and Health & Safety Code.
The scope of this project includes the following :
Modification to a Planned Development to modify the allowable size of a new single-family residence.
Note: This is not a review for the new single family dwelling construction.
Plan Status:
Plans are APPROVED as submitted.
Plan Review Comments:
1.Review of this Developmental proposal is limited to acceptability of site access, water
supply and may include specific additional requirements as they pertain to fire department
operations, and shall not be construed as a substitute for formal plan review to determine
compliance with adopted model codes. Prior to performing any work, the applicant shall make
application to, and receive from, the Building Department all applicable construction permits.
2.The fire department has no comments or conditions. The plans are approved as submitted.
3.Items #4-#16 are the potiential requirement when constructing the new single family
dwelling and for information only at this time.
4.NOTE: The subject property is located within the Very High Fire Hazard Severity Zone (VHFHSZ)
of the Local Responsibility Area (LRA). Pursuant to California Public Resources Code (PRC) 4290, the
California Board of Forestry and Fire Protection is required to “…adopt regulations implementing minimum fire
safety standards related to defensible space” applicable to “the perimeters and access to all residential,
commercial, and industrial building construction.” In 2018, the Legislature passed and the Governor signed SB
901 (Dodd), which expanded the applicability of the regulations promulgated under PRC 4290 to land in the
Local Responsibility Area (LRA) Very High Fire Hazard Severity Zone. All comments below that result from
PRC 4290 are identified by **. Where a conflict exists between local & 4290 requirements, the more stringent
requirement shall apply. California Code of Regulations, Title 14, Division 1.5, Chapter 7, Subchapter
2, Articles 1-5, § 1273.08.
City
Y
E
PLANS
Y
E
SPECS
Y
E
NEW
Y
E
RMDL CONST. TYPE
BY
PAGE
SEC/FLOOR
OCCUPANCY
LOAD
4850
AREA
ApplicantName
NEW SFR
NAME OF PROJECT LOCATION
Y
E
AS
4OF
1
1
DATE
11/07/2022LGA
Ip, Kenny
PROJECT DESCRIPTION
Residential Development
TABULAR FIRE FLOW REDUCTION FOR FIRE SPRINKLERS REQUIRED FIRE FLOW @ 20 PSI
PROJECT TYPE OR SYSTEM
Design Review
Mountain Laurel Lane300 Los Gatos
EXHIBIT 12
BLDG
PERMIT No.
410422PLAN
REVIEW No.
DEVELOPMENTAL REVIEW COMMENTS
**5. Width: (a) All roads shall be constructed to provide a minimum of two ten (10) foot traffic lanes,
not including shoulder and striping. These traffic lanes shall provide for two-way traffic flow to support
emergency vehicle and civilian egress, unless other standards are provided in this article or
additional requirements are mandated by local jurisdictions or local subdivision requirements. Vertical
clearances shall conform to the requirements in California Vehicle Code section 35250. (b) All one-
way roads shall be constructed to provide a minimum of one twelve (12) foot traffic lane, not including
shoulders. The local jurisdiction may approve one-way roads. (1) All one-way roads shall, at both
ends, connect to a road with two traffic lanes providing for travel in different directions, and shall
provide access to an area currently zoned for no more than ten (10) residential units. (2) In no case
shall a one-way road exceed 2,640 feet in length. A turnout shall be placed and constructed at
approximately the midpoint of each one-way road. (c) All driveways shall be constructed to provide a
minimum of one (1) ten (10) foot traffic lane, fourteen (14) feet unobstructed horizontal clearance,
and unobstructed vertical clearance of thirteen feet, six inches (13' 6”). California Code of
Regulations, Title 14, Division 1.5, Chapter 7, Subchapter 2 Articles 1-5, § 1273.01.
**6. Road Surfaces: (a) Roads shall be designed and maintained to support the imposed load of fire
apparatus weighing at least 75,000 pounds and provide an aggregate base. (b) Driveways and road
and driveway structures shall be designed and maintained to support at least 40,000 pounds. (c)
Project proponent shall provide engineering specifications to support design, if requested by the local
authority having jurisdiction. California Code of Regulations, Title 14, Division 1.5, Chapter 7,
Subchapter 2, Articles 1-5, § 1273.02.
**7. Grades: (a) At no point shall the grade for all roads and driveways exceed 16 percent. (b) The
grade may exceed 16%, not to exceed 20%, with approval from the local authority having jurisdiction
and with mitigations to provide for same practical effect. California Code of Regulations, Title 14,
Division 1.5, Chapter 7, Subchapter 2, Articles 1-5, § 1273.03.
**8. Radius: (a) No road or road structure shall have a horizontal inside radius of curvature of less
than fifty (50) feet. An additional surface width of four (4) feet shall be added to curves of 50-100 feet
radius; two (2) feet to those from 100-200 feet. (b) The length of vertical curves in roadways,
exclusive of gutters, ditches, and drainage structures designed to hold or divert water, shall be not
less than one hundred (100) feet. California Code of Regulations, Title 14, Division 1.5, Chapter 7,
Subchapter 2, Articles 1-5, § 1273.04.
City
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LOAD
4850
AREA
ApplicantName
NEW SFR
NAME OF PROJECT LOCATION
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4OF
1
2
DATE
11/07/2022LGA
Ip, Kenny
PROJECT DESCRIPTION
Residential Development
TABULAR FIRE FLOW REDUCTION FOR FIRE SPRINKLERS REQUIRED FIRE FLOW @ 20 PSI
PROJECT TYPE OR SYSTEM
Design Review
Mountain Laurel Lane300 Los Gatos
BLDG
PERMIT No.
410422PLAN
REVIEW No.
DEVELOPMENTAL REVIEW COMMENTS
**9. Turnaround: (a) Turnarounds are required on driveways and dead-end roads. (b) The minimum
turning radius for a turnaround shall be forty (40) feet, not including parking, in accordance with the
figures in 14 CCR §§ 1273.05(e) and 1273.05(f). If a hammerhead/T is used instead, the top of the
“T” shall be a minimum of sixty (60) feet in length. (c) Driveways exceeding 150 feet in length, but
less than 800 feet in length, shall provide a turnout near the midpoint of the driveway. Where the
driveway exceeds 800 feet, turnouts shall be provided no more than 400 feet apart. (d) A turnaround
shall be provided on driveways over 300 feet in length and shall be within fifty (50) feet of the
building. (d) Each dead-end road shall have a turnaround constructed at its terminus. Where parcels
are zoned five (5) acres or larger, turnarounds shall be provided at a maximum of 1,320 foot
intervals. (e) Figure A. Turnarounds on roads with two ten-foot traffic lanes. California Code of
California Code of Regulations, Title 14, Division 1.5, Chapter 7, Subchapter 2, Articles 1-5, §
1273.05.
**10. Turnout: Turnouts shall be a minimum of twelve (12) feet wide and thirty (30) feet long with a
minimum twenty-five (25) foot taper on each end. California Code of California Code of Regulations,
Title 14, Division 1.5, Chapter 7, Subchapter 2, Articles 1-5, § 1273.06.
**11. Dead-end Roads: (a) The maximum length of a dead-end road, including all dead-end roads
accessed from that dead-end road, shall not exceed the following cumulative lengths, regardless of
the number of parcels served: parcels zoned for less than one acre - 800 feet. Parcels zoned for 1
acre to 4.99 acres - 1,320 feet. Parcels zoned for 5 acres to 19.99 acres - 2,640 feet. Parcels zoned
for 20 acres or larger - 5,280 feet. All lengths shall be measured from the edge of the road surface at
the intersection that begins the road to the end of the road surface at its farthest point. Where a
dead-end road crosses areas of differing zoned parcel sizes requiring different length limits, the
shortest allowable length shall apply. (b) See 14 CCR § 1273.05 for dead-end road turnaround
requirements. California Code of Regulations, Title 14, Division 1.5, Chapter 7, Subchapter 2, Articles
1-5, § 1273.08.
12. Fire Hydrant Systems Required: Where a portion of the facility or building hereafter
constructed or moved into or within the jurisdiction is more than 400 feet from a hydrant on a fire
apparatus access road, as measured by an approved route around the exterior of the facility or
building, onsite fire hydrants and mains shall be provided where required by the fire code official.
Exception: For Group R-3 and Group U occupancies, equipped throughout with an approved
automatic sprinkler system installed in accordance with Section 903.3.1.1, 903.3.1.2 or 903.3.1.3, the
City
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OCCUPANCY
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4850
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ApplicantName
NEW SFR
NAME OF PROJECT LOCATION
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1
3
DATE
11/07/2022LGA
Ip, Kenny
PROJECT DESCRIPTION
Residential Development
TABULAR FIRE FLOW REDUCTION FOR FIRE SPRINKLERS REQUIRED FIRE FLOW @ 20 PSI
PROJECT TYPE OR SYSTEM
Design Review
Mountain Laurel Lane300 Los Gatos
BLDG
PERMIT No.
410422PLAN
REVIEW No.
DEVELOPMENTAL REVIEW COMMENTS
distance requirement shall be not more than 600 feet. [CFC, Section 507.5.1]
13. Fire Department (Engine) Roadway Turnaround Required: Dead-end fire apparatus access
roads in excess of 150 feet in length shall be provided with an approved area for turning around fire
apparatus. Provide an approved fire department engine driveway turnaround with a minimum radius
of 36 feet outside and 23 feet inside. Maximum grade in any direction shall be 5%. Installations shall
conform with Fire Department Standard Details and Specifications D-1. [CFC Section 503.2.5].
14. Fire Apparatus (Engine)Access Driveway Required: An access driveway shall be provided
having an all-weather surface of either asphalt, concrete or other engineered surface capable of
supporting 75,000 pounds and approved by a civil engineer. It shall have a minimum unobstructed
width of 12 feet, vertical clearance of 13 feet 6 inches, minimum turning radius of 40 feet outside, and
a maximum slope of 15%. Installations shall conform to Fire Department Standard Details and
Specifications sheet D-1.
15. Fire Department (Engine) Driveway Turnaround Required: Provide an approved fire
department engine driveway turnaround with a minimum radius of 36 feet outside and 23 feet inside.
Maximum grade in any direction shall be a maximum of 5%. Installations shall conform with Fire
Department Standard Details and Specifications D-1. CFC Sec. 503.
16. Full plan review for water and access is still required and is to be completed upon
development of the property.
This review shall not be construed to be an approval of a violation of the provisions of the
California Fire Code or of other laws or regulations of the jurisdiction. A permit presuming to
give authority to violate or cancel the provisions of the fire code or other such laws or
regulations shall not be valid. Any addition to or alteration of approved construction
documents shall be approved in advance. [CFC, Ch.1, 105.3.6]
City
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RMDL CONST. TYPE
BY
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SEC/FLOOR
OCCUPANCY
LOAD
4850
AREA
ApplicantName
NEW SFR
NAME OF PROJECT LOCATION
Y
E
AS
4OF
1
4
DATE
11/07/2022LGA
Ip, Kenny
PROJECT DESCRIPTION
Residential Development
TABULAR FIRE FLOW REDUCTION FOR FIRE SPRINKLERS REQUIRED FIRE FLOW @ 20 PSI
PROJECT TYPE OR SYSTEM
Design Review
Mountain Laurel Lane300 Los Gatos
EXHIBIT 13
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Amended Performance Standard #8
BUILDING SQUARE FOOTAGE. All project homes will be limited to a maximum size of 4,850 square feet
with an average of 4,650 4,655 square feet, and at least 2/3 of the homes shall be limited to a one-story
design. Final building design and size will be determined during Architecture and Stie review. No
further expansion of the homes will be allowed unless this Ordinance is amended by the Town Council.
Lot 14 shall be developed under guidelines of a replacement structure and shall be similar in size, mass,
and scale to the original home that weas destroyed by fire. The home on Lot 14 shall be limited to a
one-story design.
EXHIBIT 14
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EVIDENCE OF SPEAKING WITH OUR NEIGHBOR(S)
EXHIBIT 15
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PHOTOS OF PROPERTY
300 MOUNTAIN LAUREL LANE
LOS GATOS, CA 95032 (LOT 14, APN 567-24-023).
300
EXHIBIT 16
TOP OF THE HILL
TOP OF THE HILL
TOP OF THE HILL
TOP OF THE HILL
Δcivil engineers and surveyors
ROSENBLUM, INC.
1630 Oakland Road, Suite A114, San Jose, CA 95131
www.uandr.com
UNDERWOOD&
(408) 453-1222
F:\2022\J22077 Mountain Laurel Lane '300'\Dwg\J22077TOPO.dwg, 7/26/2022 2:08:14 PM
EXHIBIT 17
From:
Sent: Friday, January 20, 2023 12:02 AM
To: Planning <Planning@losgatosca.gov>
Subject: Modification of Planned Development Ordinance 2172 to increase the Maximum Residence
Size Allowed on Lot 14
EXTERNAL SENDER
To: Planning Commission,
As residents of Shannon Valley Ranch, we welcome our new neighbors of Lot 14 and want to be
proactive in communicating potential issues and concerns with the development of their new
home. We do not oppose the maximum square footage for their home that already exists in the
community, as long as it meets the safety standards for the Town of Los Gatos.
Our concerns are listed below:
1)Will the culvert be properly addressed in building their driveway to maintain proper creek
drainage?
2)If a shared portion of our driveway is required, will the existing structures be restored (electrical,
irrigation, plants, etc.)?
3)Potential creation of a river of rainfall runoff with improper build of driveway and responsibility for
damage incurred.
4)Potential safety hazard with intersection of walking trail (walkers/bikers) and driveway.
5)Adherence to HOA CC&Rs on hours and days of work.
6)During construction, storage and placement of machinery not in use and after hours of work.
7)Proper planning and maintenance of fire protection for Lot 14 and community. Access for Fire
Department to Lot 14.
8)Who will be our contact person for issues and questions?
Again, we welcome our new neighbors to Shannon Valley Ranch.
Thank you,
Lionel Willingham
EXHIBIT 18
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