Staff Report with Attachments 1 through 6.401 Surmont Rd
PREPARED BY: Ryan Safty
Associate Planner
TOWN OF LOS GATOS
CONCEPTUAL DEVELOPMENT
ADVISORY COMMITTEE REPORT
MEETING DATE: 02/12/2025
ITEM NO: 2
DATE: February 7, 2025
TO: Conceptual Development Advisory Committee
FROM: Joel Paulson, Community Development Director
SUBJECT: Consider a Request for Preliminary Review of a Proposal for Subdivision of
One Lot into Three Lots on Property Zoned HR-2½. Located at 401 Surmont
Drive. APN 527-20-002. Conceptual Development Advisory Committee
Application CD-24-001. Property Owner: Srikanth Kasa. Applicant: Jason
Chan. Project Planner: Ryan Safty.
ROLE OF THE CONCEPTUAL DEVELOPMENT ADVISORY COMMITTEE:
The Conceptual Development Advisory Committee (Committee) advises a prospective applicant
on the overall consistency of a project with Town policies prior to submitting a formal
application and investing in the development review process. The Committee also endeavors to
identify the potential issues that will need to be addressed during the development review
process should the applicant wish to submit an application. The issues identified by the
Committee are not intended to be all-inclusive and other additional issues may be identified
during the formal development review process.
None of the Committee's comments are binding on the Town and in no way are they intended
to indicate whether the project will be received favorably by the various review bodies that are
charged with evaluating and deciding the application. As noted in this report, if an application is
filed, technical analysis would need to be done during the evaluation of the proposal. In
addition, public input is a required and essential component in the development review
process. Notice has been sent to residents and property owners within 500 feet of the project
site. In addition to the public comments received at this meeting, all applicants are strongly
encouraged to hold neighborhood meetings to receive input as the design of the project
evolves should they decide to proceed with the development review process.
PAGE 2 OF 8
SUBJECT: 401 Surmont Drive/CD-24-001
DATE: February 7, 2025
PROJECT DESCRIPTION:
The applicant has submitted an application (Attachment 2), project description (Attachment 3),
and conceptual plans (Attachment 5) for 401 Surmont Drive, a 12.28-acre property located
approximately 1,300 feet south of Blossom Hill Road at the end of Surmont Drive (Attachment
1). The applicant is proposing to subdivide this property into three lots, and has shown
potential property line locations, potential building footprints, and roadways serving each
proposed lot in Attachment 5. The property contains an existing single-family residence and
accessory building.
A similar application proposing subdivision into three lots was reviewed by the Planning
Commission in 1980 (Attachment 6). The application proposed a 30,000-gallon water storage
tank with individual pump systems to each lot. The Town’s policy was for all new development
to be served by a public water system; and therefore, the Planning Commission denied the
application.
The subject property has two active building permits: B24-0524, issued on November 26, 2024,
is for the renovation of the existing residence and an addition of a new electric panel; and P24-
125, issued on July 10, 2024, is for the installation of a new water lateral from the existing
meter at the bottom of the property to the existing residence. The water lateral plans are
included at the end of the conceptual plans provided in Attachment 5.
The adjacent property to the east (210, 220, and 400 Surmont Drive) received approval of a
subdivision application in 2020 to subdivide one larger, similarly sized lot into three lots.
Key elements of the proposed project are as follows:
• Subdivide the lot into three lots with the existing single-family residence to be retained
on Lot 1; and
• Construct new roadways and driveways, ranging from 12 feet to 26 feet in width.
EXISTING GENERAL PLAN, ZONING, AND PLANNING AREA:
1. General Plan designation: Hillside Residential designation provides for very low density,
rural, large lot or cluster, single-family residential development. This designation allows for
development that is compatible with the unique mountainous terrain and vegetation of
parts of Los Gatos.
2. Surrounding General Plan designations: Low Density Residential to the north; and Hillside
Residential to the east, west, and south.
3. Zoning designation: HR-2½ (Hillside Residential).
4. Surrounding zoning designations: R-1:20 (Single-Family Residential) to the north; HR-2½ to
the east; and HR-1:PD to the west and south.
PAGE 3 OF 8
SUBJECT: 401 Surmont Drive/CD-24-001
DATE: February 7, 2025
EXISTING CONDITIONS:
1. The project site is approximately 12.28 acres.
2. The project site is located at the southern terminus of Surmont Drive (Attachment 1).
3. Surrounding land uses: Residential uses are located to the north and east; and vacant hillside
property is located to the west and south of the subject property.
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. General Plan Policy LU-1.3 states, “To preserve existing trees, natural vegetation,
natural topography, riparian corridors, and wildlife habitats, and promote high
quality, well-designed, environmentally sensitive, and diverse landscaping in new
and existing developments.”
b. General Plan Policy LU-4.2 states, “Allow development only with adequate physical
infrastructure (e.g. transportation, sewers, utilities, etc.) and social services (e.g.
education, public safety, etc.).”
c. General Plan Policy LU-6.5 states, “The type, density, and intensity of new land use
shall be consistent with that of the immediate neighborhood.”
d. General Plan Policy LU-6.8 states, “New construction, remodels, and additions shall
be compatible and blend with the existing neighborhood.”
e. General Plan Policy CD-14.1 states, “Minimize development and preserve and
enhance the rural atmosphere and natural plant and wildlife habitats in the
hillsides.”
f. General Plan Policy CD-14.2 states, “Limit hillside development to that which can be
safely accommodated by the Town’s rural, two-lane roads.”
g. General Plan Policy CD-14.3 states, “Effective visible mass shall be reduced through
such means as stepping structures up and down the hillside, following
topographical contours, and limiting the height and mass of wall planes. A
maximum of two stories shall be visible from every elevation.”
h. General Plan Policy OSPR-2.3 states, “In all hillside subdivisions, the dedication of
open space in fee or as an easement shall be required to protect unique natural
features, habitats, and movement corridors.”
i. General Plan Policy HAZ-2.10 states, “Limit hillside development, specifically in
VHFHSZ’s, to mitigate wildfire risk.”
PAGE 4 OF 8
SUBJECT: 401 Surmont Drive/CD-24-001
DATE: February 7, 2025
2. Zoning
a. Project site is zoned HR-2½ and is surrounded by residentially zoned lots as described
above.
b. Slope Density: The minimum land area required for each dwelling unit in any
subdivision in an HR zone is determined by the slope density formula in Section
29.40.250 of the Town Code. Based on the average slope and lot size, the slope
density formula would allow up to three units on a lot of this size. The applicant is
proposing to subdivide into three lots, which under the HR zone, would allow three
single-family residences with one on each new lot. It is worth noting that pursuant
to State Accessory Dwelling Unit (ADU) and Senate Bill 9 (SB 9) law, each lot could
potentially add three more units, for a total of four on each new lot (12 units total).
c. Height: The maximum allowable height of a principal building in the HR Zone is 30
feet. The proposed height is not specified in the preliminary plans.
d. Setbacks: The required front setback for the zone is as follows: front setback of 30
feet; side setback of 20 feet; and rear setback of 25 feet. It appears that the
proposal would comply with these setbacks; however, setbacks are not noted in the
preliminary plans.
e. Minimum Lot Area: The minimum lot area in the HR zone is 40,000 square feet (not
to be confused with the required minimum land area for each dwelling unit in a
subdivision as noted above). Each of the three lots would be larger than 40,000
square feet.
f. Trails: Trail dedication and construction will be required as a part of the subdivision
and development application, in accordance with Town Code Section 29.10.06706
and 29.40.285, as the Hillside Specific Plan shows a trail running east-west through
the middle of the property.
g. The maximum allowable floor area will need to be determined when a formal
application is submitted. Based on the approximate lot sizes and slopes provided in
Attachment 5, the maximum floor area allowances would be as follows:
a. Lot 1: 6,000 square feet, plus 1,200 sf for an ADU or SB 9 unit.
b. Lot 2: 5,900 square feet, plus 1,200 sf for an ADU or SB 9 unit.
c. Lot 3: 5,800 square feet, plus 1,200 sf for an ADU or SB 9 unit.
3. Hillside Development Standards and Guidelines
a. Any new construction or grading on this property must be reviewed for
compliance with the Town’s Hillside Development Standards and Guidelines
(HDS&G), including but not limited to: maximum cut and fill amounts; construction
within the Least Restrictive Development Area (LRDA); retaining wall heights;
exterior colors; etc. As noted in Attachment 3, exceptions to the cut and fill
standards would be required for the Santa Clara County Fire Department (SCCFD)
roadway requirements. The conceptual building footprints in Attachment 5 show
that only the Lot 2 footprint would be fully within the LRDA.
PAGE 5 OF 8
SUBJECT: 401 Surmont Drive/CD-24-001
DATE: February 7, 2025
b. Although Town Code for HR zones allows a maximum building height of 30 feet,
the HDS&G further restricts building heights to 25 feet. Additionally, ridgeline and
homes deemed to be visible from established viewing areas in Town are further
limited to 18 feet in height. A visibility analysis will be required to determine
allowable building heights.
c. Trails Standard: All new subdivision applications shall be reviewed for compliance
with the Trails Section of the Los Gatos and Santa Clara County General Plans.
4. Hillside Specific Plan
a. The property is located within Sub-Area 1 (Blossom Hill Road) of the Los Gatos
Hillside Specific Plan, which states the following, “This sub-area presently lacks
adequate circulation and utility services. Approximately one-half of the area has
slopes exceeding 50%. The developed properties are generally along the
boundaries of the sub-area and are mostly one acre or less. The existing circulation
system is characterized by overly long cul-de-sacs. The remainder of this sub-area
was included within the Urban Service Area Boundary in 1980. This area should
receive special emphasis for future annexations. The ultimate density for Sub-area
1 shall be from 2½ to 10 acres per dwelling, with a minimum lot size of one acre.
The interim density without full services should be a minimum of 10 acres per
dwelling.” The conceptual proposal would have full services and would comply
with the ultimate density and minimum lot size as the subdivision would have an
average of approximately four acres per dwelling, and each lot would be over an
acre.
b. Chapter 2 – Facilities Services – Sewage Disposal Services: Sewer service shall be
by sanitary sewer whenever practical.
c. Chapter 2 – Facilities Services – Domestic Water Supply Services: Water service
shall be provided by a recognized public utility whenever possible. In the even that
service is not available, service by a private mutual water company or individual
wells or springs may be acceptable.
d. Chapter 3 – Circulation – Driveway Standards: Driveways serving one residence
should have 12-foot minimum width plus 3 feet of shoulder width (15 feet total);
however, the deciding body may determine that an 18-foot minimum width is
necessary. A common driveway serving two single-family residences should have
an 18-foot minimum width plus 3-foot shoulders on each side. This requirement
may be reduced to 18-foot minimum if the Town Engineer or County Surveyor
determines that the shoulders could be replaced with retaining walls and curbs.
Limit of driveway length should be 300 feet unless the deciding body can make
specific findings for deviation and can place additional conditions to reduce
hazards such as turnouts and secondary accesses. Other standards regarding
length, grades, and minimum curve radius are to be determined by the Town
Engineer or County Surveyor with advice and recommendation from other
appropriate Town or County departments. No more than two dwelling units
should be served from a common driveway.
PAGE 6 OF 8
SUBJECT: 401 Surmont Drive/CD-24-001
DATE: February 7, 2025
e. Chapter 3 – Circulation – Access Roads: Access roads as used herein are defined as
roads connecting a parcel of land being considered for development to the nearest
improved public road. Access roads shall meet the following development
standards:
i. 2-3 dwelling units: 18-foot AC paved roadway with three-foot shoulder;
ii. 4-6 dwelling units: 20-foot AC paved roadway with three-foot shoulder;
and
iii. 7 or more dwelling units: 24-foot paved roadway with three-foot
shoulder.
f. Chapter 3 – Circulation – On-Site Parking and Turnaround Areas: Parking and
maneuvering areas for emergency vehicles should be provided as required by the
Central Fire District. In addition to those parking spaces in garages or carports, not
less than four on-site parking spaces shall be provided where roadways are not
designed to permit parking. Driveways may be used to provide this parking, except
where all or a substantial part of any residence is in excess of one hundred fifty
(150) feet from a safe and adequate access road.
g. Chapter 4 – Open Space – Open Space Easements: Open space easements shall be
required by the deciding body for hillside subdivisions in accordance with the
topographical, ecological, aesthetic, and other conditions pertinent to the making
of such easements.
h. Chapter 4 – Open Space – Trails: The development of a hillside trail network is an
important goal of the Town of Los Gatos to increase public recreational
opportunities as well as maximize access to regional parks and open space
preserves. The trails shall be designed for pedestrian and equestrian use and for
bicycle use where practical. All new subdivision applications shall be reviewed for
compliance with the Trails section of the Los Gatos and Santa Clara County General
Plans. Trail easement dedication to the Town and construction of trails shall be a
condition of subdivision approval. Wherever possible CCR's or maintenance
districts shall be developed or formed so expenses of trail maintenance will be
borne by property owners in the subdivision.
5. Conceptual Design
a. Lot configuration: The proposed subdivision configuration would not follow the
neighborhood pattern and would not be a standard rectangular shape.
b. Lot frontage: The lot frontage requirement is determined by the Community
Development Director during plan review (Town Code Sec. 29.10.087) sine the HR
zone does not specify minimum lot frontage. Lot frontage is not identified in the
preliminary plans. It appears that frontage would need to be met via easements
along the shared driveway, or via one of the existing private roads abutting the
property if it is determined that the property has vehicular access rights on them.
c. Building Footprints: It appears that the conceptual building footprints would not
be fully within the LRDA and therefore need an exception to the HDS&G.
PAGE 7 OF 8
SUBJECT: 401 Surmont Drive/CD-24-001
DATE: February 7, 2025
d. Water Supply: The previous subdivision application at this address was denied in
1980 based on the inability to provide adequate water supply. The applicant’s
letter in Attachment 3 states that this concern has been addressed based on the
utility plans in Attachment 5 and letter from West Valley Sanitation District in
Attachment 4. However, the letter simply states that water service installation
would not require a permit from West Valley Sanitation District, not necessarily
that water supply can be provided. That said, as mentioned above, the property
has an active permit for the installation of a new water lateral.
e. Home Designs and Sizes: As noted in Attachment 3, the applicant is requesting
feedback from the Committee on home designs and sizes and whether they should
be similar across the lots.
f. Trolley Option: As noted in Attachment 3, the applicant is inquiring if the
Committee would support a “larger-than-standard parking structure” at the base
of Lot 3 (northern edge of the lot, near Surmont Drive) with a trolley system
connecting the residence to the parking structure. It is worth noting that even if
the Committee could support this, staff does not believe SCCFD would.
6. Parking and Circulation
a. Roadways: The application does not specify if a private roadway or driveways are
proposed, as they have different standards. Does the Committee have a
preference?
b. Driveway Slope: The HDS&G limits the maximum slope of a driveway to 15
percent. Portions of the driveway/roadway would exceed this maximum.
c. Fire Standards: The application will have to comply with SCCFD PRC4290
requirements for new residential dwelling units in the high fire hazard zones.
Firetruck turnarounds will be required.
d. Parking: Two parking spaces per dwelling unit area required. Additionally, the
Town’s Hillside Specific Plan requires four guest parking spaces per property.
Parking numbers and locations are not identified in the preliminary plans.
e. Access: Based on the plans, it’s not clear if the subject property connects to
Surmont Drive. The applicant will need to confirm access rights.
7. Traffic
a. A traffic analysis will determine whether a traffic study or mitigation fees will be
required.
8. Hazards
a. Fault Line: The Town’s GIS system shows that the Shannon Fault line runs through
the property. Any proposed work within this fault zone will need review by a
Geologic and Geotechnical Consultant.
b. High Fire: The property is located within the Very High Fire Hazard Severity Zone
and must comply with relevant SCCFD standards.
PAGE 8 OF 8
SUBJECT: 401 Surmont Drive/CD-24-001
DATE: February 7, 2025
9. Environmental Review
a. The project would need to be reviewed for compliance with the California
Environmental Quality Act as grading, tree removals, and construction near a fault
line would all be proposed. Additionally, between 400 Surmont and 401 Surmont
Drive is an ephemeral drainage that will need biological review for any
construction adjacent to the top of bank.
10. Trees
a. The conceptual roadway and building footprints would result in impacts to
protected trees. Any development application will be reviewed by the Town’s
Consulting Arborist to ensure that the Town’s Tree Protection Ordinance is
complied with.
ATTACHMENTS:
1. Location Map
2. Conceptual Development Advisory Committee Application
3. Project Description Letter
4. West Valley Sanitation District Letter
5. Conceptual Plans
6. Town Records - 1980 Subdivision Application
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Update Notes:- Updated 12/20/17 to link to tlg-sql12 server data (sm)- Updated 11/22/19 adding centerpoint guides, Buildings layer, and Project Site leader with label- Updated 10/8/20 to add street centerlines which can be useful in the hillside area- Updated 02-19-21 to link to TLG-SQL17 database (sm)- Updated 08-23-23 to link to "Town Assessor Data" (sm)
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Srikanth Kasa 11/20/24
Jason Chan 11/20/24
Submission to Conceptual Development Advisory Committee (CDAC)
for 401 Surmont Drive, formally “South End of Surmont Drive”
Preface:
A previous attempt to subdivide 401 Surmont Drive into three lots in 1980 by the former owner Russel Bate was denied “based on the inability to provide adequate water supply.”[2]. This document outlines a new plan to achieve the same goal, addressing the water supply issue and other relevant factors.
This document will address each section of the HILLSIDE DEVELOPMENT STANDARDS AND GUIDELINES [1], beginning with Section II. The plan aims to meet these guidelines, unless otherwise specified.
II. CONSTRAINTS ANALYSIS AND SITE SELECTION:
The primary goal of this project is to develop three single-family homes within the Least
Restrictive Development Area (LRDA) designated in light green on the BATE 3 LOT YIELD map.
[5] Neighbor feedback was considered to ensure minimal visual impact, particularly from the
Northwest Corner of Selinda Way and Los Gatos-Almaden Road. [1]
Inquiry:
If a building doesn't project above the physical ridgeline, what proof is required, and how does
this affect building height limits?
III. SITE PLANNING
C. Driveways and parking
A previous application was denied due to insufficient water supply [2]. Attached are utility
plans, including water plans [9], and a letter from West Valley Sanitation District.
Inquiry:
Is this plan adequate to address the issues raised in the 1980s application?
Proposed roads and driveways, as depicted on the conceptual design drawing[7], will comply
with SCCFD requirements. These designs were developed in collaboration with Kenny Ip of the
SCCFD and meet 14 CCR § 1273.
Inquiry:
The design approach emphasizes the preservation of natural slopes by minimizing cutting and
filling operations. However, it is essential to determine the CDAC's flexibility regarding potential
deviations from the six-foot maximum limit for cutting and filling in Section 8 of the conceptual
design drawing, particularly when necessary to fulfill the stringent requirements imposed by the
SCCFD.
ATTACHMENT 3
V. ARCHITECTURAL DESIGN
No formal building placements or designs have been finalized.
Inquiry: Would the CDAC prefer similar home designs across the lots? The goal is to build on slopes less than 30% and away from roads. What are the expectations for home placements and designs in a lot subdivision?
VIII. SUBDIVISION AND PLANNED DEVELOPMENT PROJECTS
A. Purpose and intent.
Information to support a 3 lot split:
Slope density formula - Bate lot yield:
S= 37.1% a= 3.96 AC/DU A/a= 12.282/3.96 = 3.10 Units or 3 lots [3][4][5][6]
Proposed lots 2 and 3 are estimated to be approximately 1.75 acres each, with average slopes
of 42% and 38%, respectively. [7]
C. Least restrictive development areas (LRDA)
Residence locations in Submission rev1 + houses [8] are roughly placed based on the light
green LRDA areas shown in image BATE 3 LOT YIELD [5].
Inquiry:
Would the CDAC approve a larger-than-standard parking structure at the base of Lot 3, and a
trolley connecting the residence to the structure, even if the slope exceeds 30%?
References:
1.Hillside Development Standards and Guidelines - Updated January 2004
2.Subdivision application M-79-18
3.ZONING DISTRICT (Hillside Residential) Summary Handout - Updated: 12/14/2021
4.231002 401 SURMONT HR2.5 ZONING.jpg
5.231002 BATE 3 LOT YIELD.jpg
6.231002 BATE SLOPE CALC.pdf
7.Submission rev1 + leveled area.tif
8.Submission rev1 + houses.tif
9.2240145_2024-07-02 - 401 Surmont Dr - Water service (private) dwgs.pdf
10.WVSD - 401 Surmont Dr. Los Gatos.pdf
NOTE:FOR CONSTRUCTION STAKINGSCHEDULING OR QUOTATIONSPLEASE CONTACT ALEX ABAYAAT LEA & BRAZE ENGINEERING(510)887-4086 EXT 116.aabaya@leabraze.comATTACHMENT 4
NOTE:FOR CONSTRUCTION STAKINGSCHEDULING OR QUOTATIONSPLEASE CONTACT ALEX ABAYAAT LEA & BRAZE ENGINEERING(510)887-4086 EXT 116.aabaya@leabraze.com
NOTE:FOR CONSTRUCTION STAKINGSCHEDULING OR QUOTATIONSPLEASE CONTACT ALEX ABAYAAT LEA & BRAZE ENGINEERING(510)887-4086 EXT 116.aabaya@leabraze.com
ATTACHMENT 5
NOTE:FOR CONSTRUCTION STAKINGSCHEDULING OR QUOTATIONSPLEASE CONTACT ALEX ABAYAAT LEA & BRAZE ENGINEERING(510)887-4086 EXT 116.aabaya@leabraze.com
NOTE:FOR CONSTRUCTION STAKINGSCHEDULING OR QUOTATIONSPLEASE CONTACT ALEX ABAYAAT LEA & BRAZE ENGINEERING(510)887-4086 EXT 116.aabaya@leabraze.com
NOTE:FOR CONSTRUCTION STAKINGSCHEDULING OR QUOTATIONSPLEASE CONTACT ALEX ABAYAAT LEA & BRAZE ENGINEERING(510)887-4086 EXT 116.aabaya@leabraze.com
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