Staff Report.220 Belgatos Rd
PREPARED BY: Jocelyn Shoopman
Senior Planner
Reviewed by: Planning Manager, Community Development Director, and Town Attorney
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6872
www.losgatosca.gov
TOWN OF LOS GATOS
PLANNING COMMISSION
REPORT
MEETING DATE: 01/22/2025
ITEM NO: 3
DATE: January 17, 2025
TO: Planning Commission
FROM: Joel Paulson, Community Development Director
SUBJECT: Consider an Appeal of a Development Review Committee Decision Approving
a Subdivision of One Lot into Two Lots on Property Zoned R-1:10. Located at
220 Belgatos Road. APN 527-25-005. Subdivision Application M-24-011.
Categorically Exempt Pursuant to CEQA Guidelines Section 15315: Minor Land
Divisions. Property Owner: Union School District. Applicant: Robson Homes,
LLC. Appellant: Mary Cangemi. Project Planner: Jocelyn Shoopman.
RECOMMENDATION:
Deny the appeal of a Development Review Committee decision approving a subdivision of one
lot into two lots on property zoned R-1:10, located at 220 Belgatos Road, finding that none of
the reasons for denying a proposed subdivision as set forth in Government Code Section 66474
are present.
PROJECT DATA:
General Plan Designation: Public
Zoning Designation: R-1:10
Applicable Plans & Standards: General Plan
Existing Parcel Size: 9.10 acres
Surrounding Area:
Existing Land Use General Plan Zoning
North Residential Low Density Residential R-1:10
South Residential Low Density Residential R-1:10
East Residential Low Density Residential R-1:10
West Residential Low Density Residential R-1:10
PAGE 2 OF 9
SUBJECT: 220 Belgatos Road /M-24-011
DATE: January 17, 2025
S:\PLANNING COMMISSION REPORTS\2025\01-22-2025\Item 3 - 220 Belgatos Rd\Staff Report.220 Belgatos Rd.docx
CEQA:
The project is Categorically Exempt pursuant to the adopted Guidelines for the Implementation
of the California Environmental Quality Act, Section 15315: Minor Land Divisions. The project
proposes to subdivide one lot into two lots. No development is proposed at this time.
FINDINGS:
▪ The project is Categorically Exempt pursuant to the adopted Guidelines for the
Implementation of the California Environmental Quality Act, Section 15315: Minor Land
Divisions.
▪ As required by Section 66474 of the Subdivision Map Act.
ACTION:
The decision of the Planning Commission is final unless appealed within ten days.
BACKGROUND:
The subject parcel is 9.10 acres and located south of Blossom Hill Road, situated between
Belgatos Road and Belvue Drive (Attachment 1). The property was previously occupied by
Mirassou Elementary School which closed in 1989. Presently, the site is leased by the Union
School District to the Stratford School and Bright Horizons Preschool.
The application proposes to subdivide the 9.10-acre property into two lots, resulting in an
approximate 4.3-acre parcel (Parcel A) and an approximate 4.8-acre parcel (Parcel B). The
existing school uses would remain on Parcel B. No development is proposed with this
application.
On June 10, 2024, the applicant submitted a Subdivision application to subdivide one lot into
two lots.
On October 23, 2024, the Planning Commission continued a request for a Subdivision of one lot
into two lots and a General Plan Amendment to change the land use designation of Parcel A
from Public to Low Density Residential to a date uncertain to allow for the environmental
review to be completed. The applicant chose to pause processing of the General Plan
Amendment application in order for the application to be processed concurrently with a future
Architecture and Site application and to proceed only with the Subdivision application. At this
time, an Architecture and Site application for the subject property has not been submitted to
the Town.
PAGE 3 OF 9
SUBJECT: 220 Belgatos Road /M-24-011
DATE: January 17, 2025
S:\PLANNING COMMISSION REPORTS\2025\01-22-2025\Item 3 - 220 Belgatos Rd\Staff Report.220 Belgatos Rd.docx
Pursuant to Section 29.20.745(13) of the Town Code, the Development Review Committee
(DRC) shall determine and issue zoning approval for minor subdivisions of land consisting of
four lots or less.
On December 10, 2024, the DRC approved the Subdivision application (Exhibit 7).
On December 20, 2024, the decision of the DRC was appealed to the Planning Commission
(Exhibit 8).
PROJECT DESCRIPTION:
A. Location and Surrounding Neighborhood
The subject parcel is located south of Blossom Hill Road, situated between Belgatos Road
and Belvue Drive (Exhibit 1). The surrounding properties are low density single-family
residences.
B. Project Summary
The applicant is proposing to subdivide one lot into two lots at the property located at 220
Belgatos Road.
C. Zoning Compliance
The proposed lot configurations would comply with the minimum lot size, lot depth, and
setback requirements for the R-1:10 zone.
DISCUSSION:
A. Subdivision Analysis
The application is proposing to subdivide the 9.10-acre property into two lots, resulting in
an approximate 4.3-acre parcel (Parcel A) and an approximate 4.8-acre parcel (Parcel B).
Parcel A and Parcel B as proposed by the Subdivision application are both in compliance
with the minimum requirements as described in the table on the following page. No
development is proposed at this time.
PAGE 4 OF 9
SUBJECT: 220 Belgatos Road /M-24-011
DATE: January 17, 2025
S:\PLANNING COMMISSION REPORTS\2025\01-22-2025\Item 3 - 220 Belgatos Rd\Staff Report.220 Belgatos Rd.docx
Lot Area Lot Frontage Lot Depth
R-1:10 Requirements 10,000 sf 80 feet 100 feet
Parcel A 186,242 sf 223.6 feet along Belgatos Road
and 155 feet along Belvue Drive 774 feet
Parcel B 210,269 sf 375.6 feet along Belgatos Road
and 351.5 feet along Belvue Drive 712 feet
B. Development Review Committee
On December 10, 2024, the DRC found that the Subdivision application was in compliance
with the Town Code and Subdivision Map Act (SMA). Based on the findings, the DRC
approved the proposed project, subject to the conditions of approval (Exhibit 3). Written
public hearing notices were sent to surrounding property owners and occupants within 300
feet of the subject property.
C. Appeal to Planning Commission
On December 20, 2024, the decision of the DRC to approve the Subdivision application was
appealed to the Planning Commission by an interested person (Exhibit 8). On the appeal
form, the appellant states the following reasons, listed below, why the appeal should be
granted. Additional correspondence after the filing of the appeal was provided by the
appellant and is included in Exhibit 9. A response to the appeal was provided by the
applicant and is included as Exhibit 10, as well as a response to the additional
correspondence provided by the appellant in Exhibit 11. A summary of the specific reasons
listed in the appeal form are provided below as verbatim excerpts, followed by the
applicant’s verbatim response in italic, and staff’s response.
1. Protect open space.
Applicant’s Response: The subject property is located less than one block from Belgatos
Park, which provides a playground area, fields, parking lot and trail access to the Santa Rosa
and Heintz Open Space areas. General Plan Policy OSPR 6.1 directs the Town to "Acquire and
develop more publicly accessible active and passive community recreation spaces and/or
facilities, with priority given to locations not currently within one-half mile of an existing
park."
Staff Response: The existing General Plan land use designation for the property is Public.
The Public land use designation identifies public facilities in the Town such as the Civic
Center, courthouse, schools, parks, libraries, hospitals, churches, and fire stations. The
subject property does not have a land use designation of Open Space.
PAGE 5 OF 9
SUBJECT: 220 Belgatos Road /M-24-011
DATE: January 17, 2025
S:\PLANNING COMMISSION REPORTS\2025\01-22-2025\Item 3 - 220 Belgatos Rd\Staff Report.220 Belgatos Rd.docx
2. Town policies protect open space.
Applicant’s Response: The subject property is located less than one block from Belgatos
Park, which provides a playground area, fields, parking lot and trail access to the Santa Rosa
and Heintz Open Space areas. General Plan Policy OSPR 6.1 directs the Town to "Acquire and
develop more publicly accessible active and passive community recreation spaces and/or
facilities, with priority given to locations not currently within one-half mile of an existing
park."
Staff Response: The subject property has a General Plan land use designation of Public. The
Public land use designation identifies public facilities in the Town such as the Civic Center,
courthouse, schools, parks, libraries, hospitals, churches, and fire stations. The subject
property does not have a land use designation of Open Space.
3. Potentially part of community center like Campbell.
Applicant’s Response: There is an existing community center within the immediate
neighborhood via the Belwood HOA's actively managed and well sized recreation facility
called the Cabana Club. This facility includes indoor gathering/meeting rooms, picnic/BBQ
pits, pool facilities, bocce courts, basketball court and regularly scheduled youth organized
sporting events and club organized/holiday festivities. This community center is walking
distance to the property.
Staff Response: Staff has not received direction from the Town Council regarding a
community center on this site that would prevent the property owner from proceeding with
a Planning application.
4. General Plan amendment required and Town Council approval should be required.
Applicant’s Response: A General Plan Amendment is not required for this application, nor is
Town Council approval. Approval of an application to change the land use for housing could
require a General Plan Amendment. The subject property is-zoned Public/Quasi-Public in the
Town's General Plan because of its historical use as a School District Facility location. The
property is the former Mirassou School site, which closed in 1979 and was identified as
Surplus Land in 1980. The field portion of the property has not been accessible to the public
for many years, and it no longer serves a functional or financial purpose for the School
District. General Plan Policy LU-7.1 allows for the "redevelopment of unused school sites
commensurate with the surrounding residential neighborhood and availability of services."
The surrounding uses of the property are residential.
Staff Response: The proposal for a Subdivision application to subdivide one lot into two lots
does not require a General Plan amendment. Should an Architecture and Site application
PAGE 6 OF 9
SUBJECT: 220 Belgatos Road /M-24-011
DATE: January 17, 2025
S:\PLANNING COMMISSION REPORTS\2025\01-22-2025\Item 3 - 220 Belgatos Rd\Staff Report.220 Belgatos Rd.docx
for development of the property be submitted in the future, a General Plan amendment
would be required. No development is proposed at this time.
5. Kids need a place to play and adults to walk.
Applicant’s Response: The subject property is located less than one block from Belgatos
Park, which provides a playground area, fields, parking lot and trail access to the Santa Rosa
and Heintz Open Space areas. General Plan Policy OSPR 6.1 directs the Town to "Acquire and
develop more publicly accessible active and passive community recreation spaces and/or
facilities, with priority given to locations not currently within one-half mile of an existing
park."
Staff Response: The subject property is owned by the Union School District and has a
General Plan land use designation of Public. The subject property does not have a land use
designation of Open Space.
6. Obesity a national problem.
Applicant’s Response: The subject property is located less than one block from Belgatos
Park, which provides a playground area, fields, parking lot and trail access to the Santa Rosa
and Heintz Open Space areas. General Plan Policy OSPR 6.1 directs the Town to "Acquire and
develop more publicly accessible active and passive community recreation spaces and/or
facilities, with priority given to locations not currently within one-half mile of an existing
park."
Staff Response: The subject property is owned by the Union School District and has a
General Plan land use designation of Public. The subject property does not have a land use
designation of Open Space.
7. Mental health benefits.
Applicant’s Response: The subject property is located less than one block from Belgatos
Park, which provides a playground area, fields, parking lot and trail access to the Santa Rosa
and Heintz Open Space areas. General Plan Policy OSPR 6.1 directs the Town to "Acquire and
develop more publicly accessible active and passive community recreation spaces and/or
facilities, with priority given to locations not currently within one-half mile of an existing
park."
Staff Response: The subject property is owned by the Union School District and has a
General Plan land use designation of Public. The subject property does not have a land use
designation of Open Space.
PAGE 7 OF 9
SUBJECT: 220 Belgatos Road /M-24-011
DATE: January 17, 2025
S:\PLANNING COMMISSION REPORTS\2025\01-22-2025\Item 3 - 220 Belgatos Rd\Staff Report.220 Belgatos Rd.docx
8. $4.5 million homes fill not great need in Los Gatos.
Applicant’s Response: There are no homes proposed in this application. A housing proposal
will be subject to separate discretionary review by the Town, including application of the
Town's Affordable Housing Policies.
Staff Response: The proposal is for a Subdivision application to subdivide one lot into two
lots. No development is proposed at this time.
9. Land donated by developer.
Applicant’s Response: The Union School District is the landowner.
Staff Response: The Union School District and Robson Homes entered into an agreement to
have the District dedicate the subject property to Robson Homes in exchange for Robson
Homes to dedicate a property to the District pursuant to Education Code Section 17536 et
seq.
10. School district can get money from parcel tax.
Applicant’s Response: Exchanging District property for other valuable assets through a
Property Exchange Agreement (PEA) is a legally recognized and fiscally responsible way for a
School District to monetize their property assets. A Parcel Tax is restricted money for very
specific purposes, while income generated from an exchange process can be used to support
all educational purposes. In this case, the District is exchanging an unutilized piece of
property for an income producing property that will provide ongoing funding for schools,
teachers and students. The statutory provisions that govern the PEA are codified in
Education Code section 17536 et seq. Specifically, section 17536 of the Education Code
authorizes the District's Governing Board ("Board") to exchange any of its real property
interests for that of another person or private business firm upon such terms and conditions
as the Parties may agree, and in accordance with the procedural requirements of Education
Code section 17536 et seq. A property exchange under these provisions can be made without
complying with any other provisions contained in the Education Code, so long as the school
district's governing board approves the property exchange by a two-thirds vote in favor of a
resolution declaring the intention to exchange real property. (See Ed. Code, §§ 17536,
17537.) In this case, the PEA was adopted by unanimous vote of the Board in accordance
with the property exchange statutes.
Staff Response: The subject property is owned by the Union School District, who has
entered into an exchange agreement with Robson Homes pursuant to Education Code
Section 17536 et seq.
PAGE 8 OF 9
SUBJECT: 220 Belgatos Road /M-24-011
DATE: January 17, 2025
S:\PLANNING COMMISSION REPORTS\2025\01-22-2025\Item 3 - 220 Belgatos Rd\Staff Report.220 Belgatos Rd.docx
D. Revised Conditions of Approval
Exhibit 4 contains revised recommended conditions of approval for the project, based on
proposed modifications to condition #13 by the Engineering Division to add additional
clarity to the required improvements to be installed by the applicant.
E. Environmental Review
The project is Categorically Exempt pursuant to the adopted Guidelines for the
Implementation of the California Environmental Quality Act, Section 15315: Minor Land
Divisions. The project proposes to subdivide one lot into two lots. No development is
proposed at this time.
PUBLIC COMMENTS:
A summary of the applicant’s neighborhood outreach is included as Exhibit 6. Written notice of
the DRC public hearing was sent to neighboring property owners and occupants within 300 feet
of the subject property. Following the appeal, written notice of the Planning Commission
hearing was sent to neighboring property owners and occupants within 300 feet of the subject
property. At the time of preparation of this report, no additional public comment has been
received.
CONCLUSION:
A. Summary
The applicant is requesting approval of a Subdivision application to subdivide one lot into
two lots on property located at 220 Belgatos Road. No development is proposed with this
application. None of the findings from Section 66474 of the SMA could be made to deny the
application (Exhibit 2).
B. Recommendation
Staff recommends that the Planning Commission take the following actions to deny the
appeal, uphold the decision of the DRC, and approve the Subdivision application:
1. Make the finding that the proposed project is categorically exempt pursuant to the
adopted Guidelines for the Implementation of the California Environmental Quality Act,
Section 15315: Minor Land Divisions (Exhibit 2);
2. Make the required findings as required by Section 66474 of the Subdivision Map Act
(Exhibit 2); and
PAGE 9 OF 9
SUBJECT: 220 Belgatos Road /M-24-011
DATE: January 17, 2025
S:\PLANNING COMMISSION REPORTS\2025\01-22-2025\Item 3 - 220 Belgatos Rd\Staff Report.220 Belgatos Rd.docx
3. Approve Subdivision application M-24-011 with the revised conditions contained in
Exhibit 4 and the project plans in Exhibit 12.
C. Alternatives
Alternatively, the Commission can:
1. Continue the matter to a date certain with specific direction;
2. Deny the appeal and approve the application with additional and/or modified
conditions;
3. Grant the appeal and remand the application to the DRC with direction for revisions; or
4. Grant the appeal and deny the Subdivision application.
EXHIBITS:
1. Location Map
2. Required Findings
3. Conditions of Approval
4. Revised Recommended Conditions of Approval
5. Project Description
6. Summary of Neighborhood Outreach
7. December 10, 2024, Development Review Committee Meeting Minutes
8. Appeal of the Development Review Committee
9. Supplemental Correspondence from the Appellant
10. Applicant’s Response to Appeal
11. Applicant’s Response to Supplemental Correspondence from the Appellant
12. Project Plans
This Page
Intentionally
Left Blank