Staff Report. 17020 Los Cerritos Drive
PREPARED BY: Erin Walters
Associate Planner
Reviewed by: Planning Manager 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: 07/10/2024
ITEM NO: 1
DATE: July 5, 2024
TO: Planning Commission
FROM: Joel Paulson, Community Development Director
SUBJECT: Requesting Approval for Site Improvements (Retaining Walls) Requiring a
Grading Permit on Property Zoned HR-1. Located at 17020 Los Cerritos
Drive. APN: 532-21-012 and -013. Architecture and Site Application S-24-
005. Categorically Exempt Pursuant to CEQA Guidelines Section 15304:
Minor Alterations to Land. Property Owner: Sandra Campbell. Applicant:
David Fox. Project Planner: Erin Walters.
RECOMMENDATION:
Consider approval for site improvements (retaining walls) requiring a grading permit on
property zoned HR-1, located at 17020 Los Cerritos Drive.
PROJECT DATA:
General Plan Designation: Hillside Residential
Zoning Designation: HR-1, Hillside Residential
Applicable Plans & Standards: General Plan; Hillside Development Standards and Guidelines;
and Hillside Specific Plan
Parcel Size: 2.56 acres (111,513 square feet)
Surrounding Area:
Existing Land Use General Plan Zoning
North Residential Hillside Residential HR-1
South Residential Hillside Residential HR-1
East Residential Hillside Residential HR-1
West Residential Low Density Residential R-1:8
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SUBJECT: 17020 Los Cerritos Drive/S-24-005
DATE: July 5, 2024
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CEQA:
Categorically Exempt Pursuant to CEQA Guidelines Section 15304: Minor Alterations to Land.
FINDINGS:
▪ The project is Categorically Exempt pursuant to the adopted Guidelines for the
Implementation of the California Environmental Quality Act, Section 15304: Minor
Alterations to Land.
▪ The project meets the objective standards of Chapter 29 of the Town Code (Zoning
Regulations).
▪ The project is in compliance with the applicable sections of the Hillside Development
Standards and Guidelines (HDS&G) other than the requested exceptions for: grading outside
of the Least Restrictive Development Area (LRDA); exceeding the maximum allowable
retaining wall height (five feet); and exceeding the maximum allowable fill depths (three
feet) for yards.
▪ The project is in compliance with the Hillside Specific Plan.
CONSIDERATIONS:
▪ As required by Section 29.20.150 of the Town Code , the considerations in review of an
Architecture and Site application were all made in reviewing this project.
ACTION:
The decision of the Planning Commission is final unless appealed within ten days.
BACKGROUND:
The subject property is 2.56 acres and contains an existing 4,692-square foot residence with a
525-square foot attached garage and associated site improvements.
On May 22, 2012, the Development Review Committee (DRC) approved an Architecture and
Site application (S-11-090) to remodel and construct an addition to the house.
In September of 2012, building permits were issued and construction began on the house. In
2013, a building permit application was submitted for a new pool and site retaining walls , but
was not issued as the proposed retaining walls did not meet the HDS&G.
In February of 2016, the Building Department issued a stop work order for work that was done
without permits on the subject property. The stop work order was issued because the work
included site improvements requiring a grading permit, grading of 50 cubic yard s or more,
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BACKGROUND (continued):
without receiving approval of an Architecture and Site Application. In addition, retaining walls
were built without approval of a building permit.
In October of 2016, the applicant submitted an Architecture and Site application for the site
improvements requiring a grading permit.
On February 13, 2019, the Planning Commission considered the application and continued the
matter to April 10, 2019, with direction to the application to provide a feasibility analysis for an
alternative to restore the hillside areas (rear yard area and driveway area) to the grades that
existed prior the construction of the unpermitted retaining walls. The Commission requested
the applicant provide alternatives to mitigate the construction of the unpermitted retaining
walls by meeting the following HDS&G to the maximum exten t possible:
• Maximum exposed retaining wall heights of five feet;
• Maximum exposed uninterrupted retaining walls lengths of less than 50 feet; and
• Minimal exceptions for exceeding the maximum allowable cut and fill depths.
The meeting minutes are included in Exhibit 4. The staff report can be found online here:
www.losgatosca.gov/17020LosCerritosDr_PCFeb132019
The video of the meeting can be found online here:
www.losgatosca.gov/17020LosCerritosDr_YouTubePCFeb132019
On April 10, 2019, the Planning Commission considered and approved design Alternative One
for the driveway area and the rear yard alternative for Architecture and Site Application S-16-
065. The meeting minutes are included in Exhibit 5.
The staff report can be found online here:
www.losgatosca.gov/17020LosCerritosDr_PCApr102019
The video of the meeting can be found online here:
www.losgatosca.gov/17020LosCerritosDr_YouTubePCApr102019
Architecture and Site Applications expire two years from the approval date pursuant to Section
29.20.320 of the Town Code, unless the approval has been vested by issuance of building
permits and successful completion of first foundation inspection. On April 10, 2021, the
Architecture and Site Application’s two-year expiration date was extended by an additional two
years due to the COVID-19 Urgency Ordinance, resulting in a new expiration date of April 10,
2023. By virtue of the Governor’s Executive Order No. N-38-20, the expiration date was
extended to May 28, 2023.
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SUBJECT: 17020 Los Cerritos Drive/S-24-005
DATE: July 5, 2024
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BACKGROUND (continued):
On August 8, 2022, Building Permit B19-1154 was issued, however, no work has been
performed on site in reliance on the building permit. Architecture and Site application S-16-065
was not vested before the expiration date of May 28, 2023, and expired.
An Architecture and Site application is being considered by the Planning Commission as the
applicant requests approval of a new Architecture and Site Application in order to complete the
mitigation work that was approved by the Planning Commission on February 13, 2019. The
scope of work has not changed.
PROJECT DESCRIPTION:
A. Location and Surrounding Neighborhood
The property is located at 17020 Los Cerritos Drive, located on the west side of Los Cerritos
Drive, approximately 180 feet ease of Crescent Drive (Exhibit 1). Surrounding properties
contain single-family hillside residential development to the north, east, and south; and
low-density single-family residential development to the west.
B. Project Summary
The applicant is requesting approval of an Architecture and Site application for site
improvements requiring a grading permit.
Unpermitted Work
The unpermitted work occurred within two areas of the site (Exhibit 9, Sheet G4.0): a
portion of the driveway area (northeastern section); and a portion of the rear yard
(southwestern section). The following summarizes the scope of the work that was
completed in the field without the benefit of permits:
• Grading outside of the LRDA (on slopes over 30 percent) within the rear yard and
driveway area;
• Construction of a seven-foot tall retaining wall in the rear yard;
• Cutting a maximum depth of nine feet, one-inch in the rear yard;
• Construction of 100 continuous linear feet of retaining wall in the rear yard;
• Construction of a 12-foot, four-inch retaining wall in the driveway area;
• Cutting a maximum depth of 12 feet, one-inch in the driveway area; and
• Construction of 122 continuous linear feet of retaining wall in the driveway area.
The applicant’s proposed remedy is to retain the unpermitted retaining walls and construct
additional shorter walls in front of the walls to create t iered walls. This would reduce the
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SUBJECT: 17020 Los Cerritos Drive/S-24-005
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PROJECT DESCRIPTION (continued):
exposed retaining wall heights, break up portions of the continuous retaining wall lengths,
and add landscaping between tiers. The remedy also includes the addition of buttresses to
the existing retaining walls in order to meet structural requirements.
The applicant has provided a scope of work and a letter of justification (Exhibit 6) describing
the unpermitted completed work and proposed remedy with justification. The applicant
has provided development plans showing existing conditions with the construction of the
unpermitted walls (Exhibit 9, Sheet C6 of 7) and the proposed wall remediation plan (Exhibit
9, Sheet C2 of 7).
C. Zoning Compliance
A single-family residence is permitted in the HR zone.
DISCUSSION:
A. Architecture and Site Application
Pursuant to the Town Code, an Architecture and Site application is required in order to
apply for a grading permit. A grading permit is required for total cut and fill volumes
greater than 50 cubic yards.
The site was graded and retaining walls were constructed without permits. The applicant
has proposed to build tiered walls in front of the unpermitted walls to reduce the exposed
retaining wall heights, to break up the continuous retaining walls, and add landscaping at
both the rear yard and driveway areas as described in Exhibit 9, Sheet C2 of 7, and
discussed further below.
B. Proposed Driveway Area Mitigation
The project proposes to implement mitigation for the driveway area retaining walls. This
proposed mitigation would include adding structural buttressing to the unpermitted
retaining walls and terrace the retaining walls to bring the current site conditions into
substantial conformance with the HDS&G (Exhibit 9, Sheet S1.0). Some of the grades
outside of the LRDA would be restored to pre-violation conditions. Maximum exposed
retaining wall heights would be reduced from 12 feet to seven feet. The uninterrupted
retaining wall lengths would be reduced to approximately 33 feet. Additional engineered
fill depths of four feet would be required (Exhibit 9).
The proposed driveway area mitigation would require exceptions to the HDS&G as
described on the following page.
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DISCUSSION (continued):
1. Grading outside of the LRDA (on slopes over 30 percent);
2. Exceeding the maximum allowable retaining wall height of five feet;
3. Exceeding the maximum allowable fill depths (three feet) for yards.
C. Proposed Rear Yard Area Mitigation
The project proposes to implement mitigation for the rear yard area retaining walls. This
proposed remedy would include adding structural buttressing to the unpermitted retaining
walls beneath one tiered wall to bring the current site conditions into substantial
conformance with the HDS&G (Exhibit 9, Sheet S2.0 and S2.1). Some of the grades outside
of the LRDA would be restored to pre-violation conditions. Maximum exposed retaining
wall heights would be reduced to five feet and uninterrupted retaining wall lengths would
be reduced to approximately 23 feet. Additional engineered fill depths of three feet would
be required (Exhibit 9).
The proposed rear yard area mitigation would require the following exception to the
HDS&G:
1. Grading outside of the LRDA (on slopes over 30 percent).
D. Exceptions to the HDS&G
In order to implement the proposed tiered mitigation walls the applicant is requesting
several exceptions to the HDS&G. The analysis of the requested exceptions is summarized
below.
• HSD&G Section II.C. Standard 1-
Grading outside of the LRDA
The HDS&G requires that each development application identify and map the LRDA.
This is to identify the most appropriate area or areas on the lot for locating buildings in
the least constrained areas. One of the elements in determining the LRDA is topography
with slope less than 30 percent. Grading and the construction of retaining walls
occurred outside of the site’s LRDA in areas where slopes exceeded 30 percent in the
rear yard area and driveway area (Exhibit 9, Sheet C2 of 7). The proposed remediation
of introducing a series of tiered walls in front of the existing unpermitted walls does not
mitigate grading work completed outside of the LRDA. The applicant’s request an
exception from this standard.
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SUBJECT: 17020 Los Cerritos Drive/S-24-005
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DISCUSSION (continued):
• HDS&G Section III.A. Standard 1-
Exceeding the maximum allowable fill depths (three feet) for yards
The HDS&G requires that the development of yards meet the required a maximum fill
depth of three feet (Table 1 of the HDS&G, page 20). Absent adequate justification, cut
and fill in excess of maximum levels are considered excessive and contrary to the
objectives of the HDS&G. Project should only grade the minimum amount necessary to
accommodate building and site structures consistent with slope contours.
The proposed remediation introduces shorter walls to be built in front of the existing
walls. The applicant requests an exception to the HDS&G to exceed the maximum
allowable graded fill depth of three feet to accommodate the tiered retaining walls. The
chart below summarizes the maximum graded cut and fill for the project.
Maximum Graded Cut and Fills – HDS&G
Maximum Cut Depths (feet) Maximum Fill Depths (feet)
Allowed Unpermitted
Cut
Proposed
Remediation
Cut
Allowed Unpermitted
Fill
Proposed
Remediated
Fill
Site
Work
4 feet Driveway
12 feet and
1 inches
Rear Yard
9 feet and
1 inches
Driveway
0 feet
Rear Yard
0 feet
3 feet Driveway
3 feet
Rear Yard
3 feet
Driveway
4 feet
Rear Yard
3 feet
Bold- requires exception to the HDS&G
• HDS&G Section VI.C. Guideline 1-
Exceeding the maximum allowable retaining wall height (five feet)
The HDS&G state that retaining walls should not be taller than five feet. Where
additional retained portions are necessary due to unusual or extreme conditions (e.g.,
lot configuration, steep slope, or road design), the use of multiple-tiered lower retaining
structures is preferred.
The remediation at the driveway wall would introduce a tiered planter wall with the
maximum height of seven-foot, four-inches in front of the unpermitted 12-foot, four-
inch wall. The proposed remediation wall for the driveway wall would exceed the
HDS&G five-foot wall height requirements.
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SUBJECT: 17020 Los Cerritos Drive/S-24-005
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DISCUSSION (continued):
The retaining wall maximum height chart below provides a comparison of the allowed,
unpermitted and proposed remediated wall height:
Retaining Wall Height
Maximum Height
Allowed Unpermitted Walls Remediated Walls
Driveway 5 feet 12 feet and 4 inches Proposed 7 feet and 4 inches
Rear Yard 5 feet 7 feet Proposed 4 feet
Bold - requires exception to the HDS&G
• HDS&G Section VI.C. Guideline 4-
Exceeding retaining wall lengths that run in a continuous direction for more than 50
feet without a break, offset, or planting to break up the long flat horizontal surface
The applicant has proposed tiered planter walls to break up the continuous retaining
walls at both the rear yard and driveway areas. The walls have a natural textured
surface to help blend with the natural hillside (Exhibit 8). The applicant has included a
conceptual landscape plan that will help screen the walls to mitigate their visual impact
(Exhibit 9, Sheets L-2). A Condition of Approval has been included that the final
landscape plan shall be in compliance with the HDS&G (Exhibit 3, Condition of Approval
9).
The proposed Architecture and Site Application remediation plan for the unpermitted
grading and retaining walls were approved by the Planning Commission on April 10, 2019
(Exhibit 4), and building permits were issued for the project, however the applicant let the
Architecture and Site application expire. The proposed project is the same scope of work as
approved by the Planning Commission on April 10, 2019.
E. Grading/Geotechnical Review
The property, in its current condition, features unpermitted retaining walls and grading
activities, which include an estimated 1,360 cubic yards of cut. The proposed remediation
tiered retaining walls will require additional fill (an estimated 86 cubic yards).
The applicant’s structural engineering firm evaluated the unpermitted walls and determined
that the walls are inadequate and required a buttress system to be installed. The proposed
design includes adding a buttress system. The applicant submitted geologic investigations
for review by the Town’s Geotechnical Consultant. The consultant concluded that the
investigation and associated documents were satisfactory and complete.
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DISCUSSION (continued):
F. Tree Impacts
On April 29, 2024, the Town’s Consulting Arborist revisited the site and provided an
updated report providing the current condition of the trees on site (Exhibit 7). Tree
protection will be provided on site per the report recommendations.
G. CEQA Determination
The project is Categorically Exempt pursuant to the adopted Guidelines for the
Implementation of the California Environmental Quality Act, Section 15304: Minor
Alterations to Land.
PUBLIC COMMENTS:
Project identification signage was installed on the site and written notice was sent to property
owners and tenants located within 500 feet of the subject property. Public comments received
by 11:00 a.m., Friday, July 5, 2024, are included as Exhibit 10. Based on the public comment
received by a neighboring property owner, Condition of Approval #3 has been included to
restrict construction work hours to Monday through Friday from 8:00 a.m. to 5:00 p.m. and
construction work is prohibited on Town Holidays to reduce noise for surrounding neighbors.
CONCLUSION:
A. Summary
The project includes the following mitigation to both the driveway and the rear yard areas:
adding structural buttressing; and terracing the unpermitted retaining walls to bring the
current site conditions into substantial conformance with the HDS&G. The revised project
would include maximum exposed retaining wall heights of five feet at the rear yard area,
reducing the 12-foot exposed retaining wall height to seven feet at the Driveway Area,
reducing the maximum exposed uninterrupted retaining wall lengths to less than 50 feet,
and adding landscaping between the terraces.
The proposed project would require exceptions to the HDS&G including grading outside of
the Least Restrictive Development Area (LRDA); exceeding the maximum allowable
retaining wall height (five feet); and exceeding the maximum allowable fill depths (three
feet) for yards. Should the Planning Commission find merit with the proposed project the
Commission may grant the exceptions to the HDS&G.
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CONCLUSION (continued):
B. Recommendation
Based on the analysis above, staff recommends approval the Architecture and Site
Application subject to the recommended conditions of approval (Exhibit 3). If the Planning
Commission finds merit with the proposed project, it should:
1. Find that the proposed project is Categorically Exempt pursuant to the adopted
Guidelines for the Implementation of the California Quality Act, 15304: Minor
Alterations to Land (Exhibit 2);
2. Make the finding the project meets the objective standards of Chapter 29 of the Town
Code (Zoning Regulations) (Exhibit 2);
3. Make the finding that the project is in compliance with applicable sections of the Hillside
Development Standards and Guidelines other than the requested exceptions for:
grading outside of the Least Restrictive Development Area (LRDA); exceeding the
maximum allowable retaining wall height (five feet); and exceeding the maximum
allowable fill depths (three feet) for yards (Exhibit 2);
4. Make the finding that the project is in compliance with the Hillside Specific Plan (Exhibit
2);
5. Make the required considerations as required by Section 29.20.150 of the Town Code
for granting approval of an Architecture and Site application (Exhibit 2); and
6. Approve Architecture and Site Application S-24-005 with the conditions contained in
Exhibit 3 and the development plans in Exhibit 9.
C. Alternatives
Alternatively, the Commission can:
1. Continue the matter to a date certain with specific direction; or
2. Approve the application with additional and/or modified conditions; or
3. Deny the application.
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EXHIBITS:
1. Location Map
2. Required Findings and Considerations
3. Recommended Conditions of Approval
4. February 13, 2019 Planning Commission Meeting Minutes
5. April 10, 2019 Planning Commission Meeting Minutes
6. Project Description and Letter of Justification
7. Consulting Town Arborist Report Month, Day, Year
8. Color Board
9. Development Plans
10. Public Comments Received Prior to 11:00 a.m., Friday, July 5, 2024
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